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Home My WebLink AboutCovenants, Conditions & Restrictions -'" '''io\:~ . :1 ~>~~'7-::'\'-'1---;'~ I - r . 956098B / \ \ .___LL.;. i', . '. . .' /~\V"/<<,' \ .. .' ". 1"/ &.. ./\ DE.CLARATIO~MAN'rS CONDITIONS,ANn RE. WNS \../,\~ .' . . . f)' RECf-\\} . \~~ '. QE . L-:"; \m\ 21 L~~? .f~ \ ..J uUI'l ' ! - I S~LBORNE GREE~!.\ . nOCS ;: ~ \ ----\ \J i:'::: . . \~, /" in . \A~/r TInS DECLARATION is made this ~y of Or.l'b\.;/r" . 1995 bypaviSHo" 1-LC. 'IIIlI~dianalimited liability company (the "Developer"). ~:~i~JII..,\.-\/ ,:: :',1 . ~:J: &'&itIII ::: "LIhveloper is the owner of the real estllt~ wluCh is describ~in~bit "A" attached hereto and made a part hereof (the "Initial Real Eue"). 2. Developer intends to subdivide tl\l': Initial Real Estat.: into residcntiallots. 3. Before subdividing the Initial Real Estate, Developer desires to subject the Initial Real EstBteto certain covenants. conditions and restrictions for the purpoSe. of preserving and protecting the value and dll"'..irability of the Initial Real Estate for the benefit of each owner of any part thereof. 4. Developer ti.uther desires to create an organization to which sha11 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 theRea1 Elit.'lte as hereafter recorded in the office of the Recorder of Hamilton County, Indiana and of collecting llIld disbursing assessments and charges as herein provitbi. '" 'J1 .:"""~.' .... ".' . . '. . , " ,,' ! -. _ -', . u - ';. '.... ',.... .. .. .' ....f.\~... .. ~ . ':-_.~~ ,0. C)). ~. ."\Jfiii# 5 . Developer may from time to timll subjed additional real estate located within the tracts adjaCent to the initial Real Estate to the provisions of this Declal'ation (the Initial Real Estate, together wit~. any such addition, as. and when the SIl!I1<<l becomes subjed to the provisions of this Declaration as herein provided, is hereinafter referred to as the wReaI Estate" or the "Su'xlivision"). . . : NOW. THEREFORE, Developer hereby declares that the Real Estate is and shall be acquired, held, transferred, sold, hypothecated, leased, rented, improved, used and occupied subjcicitothe foRowing covenants, conditions andrCstrletions, each of which shall run with the IaDdand be binding upon, and inure to the benefit ot: Developer and any other person or entity hereafter acquiring or having any right, title c.c interest in or to the Real Estate. or any part thereof. ARTICLE I DEFINITIONS '. The following terms, when used in this Declaration with initial capitalleners, shall have the lcllowing respective meanings: . I. I . Association" means Shelborne Greene Community Association, Inc.. an Indiana not-lor-profit torporation, which Dev"'~"per has caused on-Jill hereafter cause to be incorporated, and its Sl.lCC~rs and assigns.. ". I T I 1.2 "Archittl(!lural Review Committee" means the architectural review committee . l:lSlab:ished pursuant to Paragraph 6.10fthis Dec~on. ~"""l.* 1.3 "Common Areas" means (i) all portions oflhe Real Estate shown on any Plat of a part of the RealEstate as a .Common Area" 0; whi:;h are otherwise not located ioLots and are not dedicated to the public and (ii) all facilities, structures, buildings, improvements and personal property owned or leased by i~ Association from time to lime. Common Areas may be located within a public right-of-way. . l.1<l oa .. CJj;) ~~ ;~ .... ''l: ,,~ ~~ "'~ z' g~ ~, .... ..-.....',.. '. ',- '....., ....0 . ..,.........n '. '~~I ~.>.......:~.............. ., '.. " - - . '. . .. :.<..... ......... ,.'. ........ .... , . . . . .-':::: -, '.' : l~~{u ... ....~.......... 0)'" ''-':'-'" : .:..". ....CAJ....... .&;1t' ......~A.-......~::..., 1.4 "Common Expenses" meaJlll (i) expenses assoc:iated with the maintaumce, repair or replacement of the Common Areas and the performance of the responsibilities and duties of the Association, ineludins without limitation expeIIlIeS for the improvement, maintenanc::e or lepair of the improvements, lawn, faliaae and landscaping Ioc:atedon a Drainage, Utility or Sewer Easementor'on.LandsCape~to'the' extent the Association deemsit,~ to. .1JUI,int8in '.5tach. ~ent; fJi)~. usoc:iated with the maintenance, repair or~oli of . .'the..~naSt~iitisIOcaied Within.:andupon the Drainage, Utility or Sewer'~Jtii) all judjltlentii, Ii~ ~dvaJid~ms apinst. the Association, (IV) all expenses ~ JO' procUre . liabilitY,biIzRnJ and any other insuraRce provided for herein and (v) all expenses incuned in the , ,idnUnistraticm: of the AssOcjation'or the performance oC the terms and. provisiOt.. of. this Dec:1l1'Btion,mchidinS WithOut limitation. the obligations to be performed under ihe' Golf COUI'Ie DraiIlage Easements and' Golf Course . Use Easements and Restrictive COvelWlts u more particularly described in Paragraph 5.5 (vii) below. 1.5 "Developer" means Davis Homes, LLC,IIIi Incfianalimitedliability compaliy, and IiDy SUoXesllOfS or assigns whom it designates in one or more writteu recorded instruments to have the rigbt5 of Developer hereunder. .1.6. . "Development Period" meaJlII the period oCtiDie commencing with the elate oC recordation oC this Declaration and endins on the date Developer or its affiliates no longer own any Lot' within the Real Estate, but in no event shall the Development Period ext~ beyond the date ten (10) years after the date this DeclaratioD is recorded. 1.7 "Golf Course Drainage Easements" means those certain Drainage Easements, dated Ausust 2, 1995, granted by Twin Lakes Golf Club, Inc. to the Developer under Instrum:nt No. 95-50353 recorded in the Office of the Rergrder oCHami!tcm County. Indiana on September I, 1995, and with re3pect to which Developer hereby assigns all of its rights and obligations to the Association. 1:8 "Landscape EaSements" mealis those areas oCgrouncI sO designated on a Plat olany part of the Real Estate~ ..' 1.9"1.ot" means any parcel ofland shownand.ideritified as a lot on a Plat of any part of theReal~~. " '. . '. ,., . '.j 'f ." 1.1Q "Mortgagee" meaJlll the holder oCarecorded first mortgage lien on . any Lot or . ResidenceUnit.; Ul"~er. meansthe,recordownCll',whetherone.or more persons or entitie;}, oC fee-simple title to any Lot. including contract sellers, but eltcJuding those having such interest merely. u security Cor the performance oC. an obligation unless specifically indicated to the contrary. The term Owner u used herein shall include Developer so long as Developer shall 0""11 any Lot in the Real Estate. 1..12 "Plat" l1!eaDS a duly approved fina1 plat oraoy part of the Real Estate as hereafter recorded in the office ufthe Recorder of Hamilton CountY. Indiana. ,. , 1.13 "Residence Unit" me~any single family home conStructed 0:1 any part of the Real Estate. . . " ". ,. . 1.14 "Golf Course Use Easoo1ents and" Restrictive Covenants" means those certain Use Easements and Restrictive Covenants. dated August 2., J995. between Twin Lakes Golf Club, Ine, and the Deve\oper and recorded as Instrument No. 95-50352 in tht: Office of the RecorderoC Hamilton County on September I, 1995, and with respect to which lJeveloper hereby assigns all of its rights and obligations to the Association. I. I 5 ~UtililY. Drainage or Sewer Ellsements. means those areas of ground so designated on a Plat of any part of the Real Estate. 2 /' ...0 '\.J1 .,.~ 0'1 ....'. ". ~l~~ ~. (X) (X) I I I i I :-..i:l~';'~!i',~ ARTICLE U APPLlCABD..lTY . All Owners. their teIWUS. auests. inviteea and mortppes. lIIId lIIlY ()ther perIOD usina or '.' ,oc:cupyilJiaLotor lIIlY other pan of the ReilEstaiesball be /subj~ tD'lIl4sbl1U observe and ',"<>>IIipIy~the, ,tIicable coveaanta, COGditioDslDdrestricliOllP settbrth iJithiiDeclaration and .' . anY ,rules 8114 ie(pIIaIions adopted by the AssOc;iIrionas herein, provided; as tbIl same may be 8nietided trom time to time. .' ..,. p" . The Owner of lID)' Resideace Unit (i) by ~ of a iced conveyiDg title thereto or the eXecution of s coatnICt fbrdle'plirc:IiuC'tbenOt: wbether !rum the Developer or its 8fiiliates or any other builder or any other Owner oldie Residence UDit, or (Ii) by the ad of occupllllCy of the PelideDc:e Unit. sbaII COIIChitiwiIy be decmed t('. have accepted sw:'Ideed. aecuted IUClb cOOmaCt or lllldert8keasuch omlpl.q.~to the covenants, conditions and restricticms of tIiia Dcc:hratioa. By Icceipt_ of s' 'deGd. cuciution of . contract of' undertaking of such occupancy, eadI Owner oCOWIIIDtI, for himseIt bisheirs, penonaI representatives, lIUCCeSSOI'l! and .. aSsi8ni.With,DeveIoper and the,o.tber'~fiom tiMC to time;. tO~eq.;ObRrve.COIIlpJy with and perfoim the CCMlI1IIIIts, COIlditiolls and ratric:tioDs of this Dcdarabon. ARTICLE III PROPERTY R.IGHTS 3.1 Owners' f;__ or Eqioymem of Common Areas. Developer hereby declares,. creates and griDts . IIOlHlXcIusive easement in fil.Yor of neb Owner for the use and enjoyment of the Common Areas. Such elL'lCIIIeIlt shill run with anC be appurtenant to eada Lot and related Residence UDit, subjec:t tathe following provisions: . (i) the fiabt of the Association to c:lwse. reasonable admission and other fees for the use of the recreational fiu:ilities situahid upon the Common Areas which are in addition to the regular and speciaI.assessnICIltl desa ibed hen:in; . , " .(Ii) the right of the Association to fine any Owner or make a special assessment agaiilst. -any Lot in the event . person permitted tlJ ,use the Common Areas by the Owner of such , Lot violates any rules or regulatiollS oftt.e Association; (iii) the right of the ,Association to dedicate or transfer'wl or any pa':t of the Common Areas or grant euements therein 10 any public agency, authoriiy or utility for such purposes,and subj~to such conditions as may be set forth in the instrument of dedication or trlUlSfer:.. ' (iv) the Umen~s. reserv!:ct elsewhere in this Jeclinwon ";din any Plat of any part of the Real Estate; and ' . (v) the other tcnns Bndprovisions oflhis Declaration and the terms and provisions of the Golf Course Drainage Easements and the Golf Course tlllC Easements and Rest.;ctive Covenants. .1.2 PemUlISive Us. Any Owner may permit his or her family members. g,;esls, tenants or contract purchasers who reside in the Residence Unit to use his or her right of U!e and enjoyment of the Common Areas subject to the tenns of this. Declaration and any rules and regulations promlllgated by the Association from time to time. 3.3 Conveyance of Common Areas. Developer may at any time and from time to time convey all or its right. title and interest in and to any of the Common Areas to the Association by quitclaim deed, and such Common Areas. so conveyed shall then be the property of the A ,..ociation. ~"~."'J';~';'=:..Lv4o!i;;i' ;'~r'..l; .... .......r..... "f .:",'; :.,p-.... AR.TlCE IV USERES'I'R.ICTIONS 4.1 ~ There sbaIl be DO swimmiu& skatiD& boatiDg or fishing in or on any Idee, POnd. creek, ditch or stream on the Real Est8Ie. TbeAssocildion may promulgate rules and regulations with .respect.to the permitted uses. if any, of the likes or other bodies ofwater on the Real Estate. . 1 t 4.2 Use of Common Areas. Tbe Common Areas sbaIl be used only for recreatioD8l purposes and other purposes permitted or sanctioned by the Auoc:iatioD. 4.3 i.cit'A~.; All Lots sIi.Ji N:: scciessed tiom the interior streets of the S~bdivision.< No direct m:aais permitted to any Lot via West 96th. ~tnlet or SheIbome Road. 4.4 Other UtieRestrictions Coittained in Plat ('.....-- and Restrictions. The Plat Covenants IIId Restrictions reIatins to the Real Estate contain iIIIditional restrictions on the use of the Lots in the. Subdivision, inc:Iudina without . limitation proGibitioos apinst commercial use, detacbecl accessory buildinp and IWisances; restrictions relating to the use. of I_scape Easemeats, IdId Utility, Drainage and Sewer Easements; and restrictions n:Iating to temporary structures, vebide parking, signs, IIIIIiIboxes, pbap and R:Ibse disposal, storage tanks. water JUpply and sewage systems, ditches and swa1es, driveways, antenna and satellite dishes, awnings, fencing, swimming pools, solar paueIs and outside Jishtin8.Such prohibitions and restrictions contained in the Plat Covenants and Restrictions are hereby iDcorpowed by refaence as though fully set fonh herein. ARTICLE V ASSOCIATION I ...... I .........~ I '...~.I ~,<:b.l. ..:d 'tt:JJ ~, I "",. ....-:. '0. (,D........:....'....! :- ", ':'.:': ~" 1 . , , ' . -'0_":', .. Q) 5.1 Mmm!.1EW. Each Owner sha1I automatically become a member of the Association and shall remain a member oftheAssoc:iation so long as he or she owns a Lot. i 5.2 n..._. of. Mm1beIship and Vote. 1be A$soc:iation shall-have two (2) classes uf membership, as follows: (i) Class A Members, . Class A-members shaI1 be:aD Owners other than Developer (unless C;:IassB membersbjp has been converted to Class A membership as provided in the immediately following 5;lbparagraph. Each Class A member sbaIl be entitled to one (1) vote per LoI owned. (ii) ciass B Member. The Class B member sha1l be the Developer. The Class B member sbaIl beeltitled to three (3) votes for each Lot .ownedby l)eve1oper. The Class B membership shali!ce&se and be converted to CIassAmembership Lipon the date (the "Applicable Datt''') when the total votes Olitstanding in.the Class A membership is equal to the lotal votes outstanding in the CIas.'1 Bmembership.. . . 5;3 Multiple or El1Ji~ 9wqm. ;'. Where more .than one person .or entity constitutes the Ownc:-.r ofa Lot. all such persons or entitiessha1l be members of the Association..but the single VOle in respect of such Lot shall be exercised lIS lhepersons or entities holding an interest.in such Lot detennine among themselves.. In no event shall more than one person exercise a Lot's vote and no Lot's .vote shall be split. . ~~. 5.4 ~ of Directors. The members of the A'lSOCiation shal1 elect a Board of Directors of the Association as J:l'f".sc.:ribed by the Association's Anicles oflncorporation and By-Laws. The Board of Directors of the Association shall manage the affairs of the Association. ":l 5.5 Responsibilities of the Association. The responsibilities of the Association shall include, .but shall not be limited to: 4 L ;,('jl~~;;:i~~~;A~>;.:?,:~W!'i~J;f:~~~'~~~'j ..... ~~tf~ri~M~';,~:/.~;t;f~:~~1~;f~t{~f~t;J;~,:)~')~ I (i) MaintClUlllCe of the COIlUOOn Areal induding any and all improvements thereon as the ASsociation deems necessary or appropriate. (Ii) IDstaIIation and replacement of any and all improvements, signs. lawn, ro:. and Imdsc:aping in ancIupon the Common Areas Of Landscape Easements IS the Association ci..~.oi"appropriate.',.~.::; c'. . :q:'.. . '. .' . ':(iii)Maiuteaancc, repair and replacement.'oC'any privatesu-iips and any , : PriVate ~sWbi(:b1Day be shown on any Plat ora plrtOflhe Real Estateiis c::oimnon Area. (IV) RepIecemeol of the draiDIae system ill and upon the Common Areas IS tho AIsoc:iatioa deems necessary or IIppropriate I..d the III&liIltlllllUlCC or any drainap sysIem installed ill or upon the Common AIe8s by Developer or the AasociaOOn.. Nothing herem 8halI relieve or replace the obligltioa or each Owner ofa Lot subject tol Dnlinage EIsemtiat to keep the portioo of the drainase I)'lIlem and Drainage Ear.cmcnt on such Lot free ftvm obstructiOlll 110 that the storm water d.rainep will be unimpeded. ' (v) Maiutenance of lake water 110 IS not to create stapant or polluted waters aft'eetins the heaItb and welfare of the community. (vi) Proauina and maiatliaiag for the benefit of the Association, its officers and BoanI of Directors and the Owners, the illSUl1lDCC coverage required under this Declaration. . (vii) the performance of all of the obIiptions of the "Grantee" under the Ot>>1f Course Drainage Easements and all of the obliptions of the "Grantor'" under the Ot>>lfCourse Use EaSemeat. and Restrictive Covenlllts.. which obl:ptions have been and Ire usumed ill full by the Associltion, and otherwise complying with the tenDS IIIIl provisions of the Ot>>1f Course Draillllp Eucments and Ot>>IfCourse Use Easements and .~Covenants and iDcIcnmifYing and holding the Developer harmless fiom and Ipins~any Iosscs, claims, dlUJll8CS or liabilities from or ill COIIIIeCtion with the Association's fiIiIure 110 to perfurm such obligations or otherwise comply with the Golf Course DraiDlge Easemeais uf. t.'1e Golf Ccu.rse Use F~ and Restrictive C~. l' ..... ~ :.;~;:, :, .. .L....:.. ~ i'..~ ~ I. "U1 :~~...J .~: y:~..' (viii) Assessment and collection &om tbt. OWners and payment of all Common Expenses. t.-~. .~.. ~.J...."...-' ~ CO" ',; - ,.,< ~.................. ~,. . .- . ."' , .'" . . . .. .... ",' . '. " ; . (ix) Perfonning or contracting for propeity or. Asl.'OCiItionrnanagement. snow removal, Common Area maEntenance. trash removal or other services IS the Association deems necessary or advisable. l 1. ..' , (x) . Enforcing the rules and regulations of the Association and the requirements of this DeclaratioriHand. any applicable zoning or otherrecordedc:ovenallts, in .each case, IS the Association deems necessBJY or advisable. 5.6 Powers oftII-: 1~l!YQn. The Association may adopt, amend or rescind reuonsbIe rules and regulations (not iIlconsistentwith the provisions of this DecJara~ion) governing the use and enjoyment of the C'.>mDlon Areas and the management and administration of the Association, in each case as the Associl\tion deems .necessaryor advisable. The rules and regulations promulgated by. the Association' may provide for reasonable iIlrerest and late charges on put due installments of any regular or spec::iaI assessments or other charges or fines against any Owner or Lot. The Association shallfumish or make copies available of its rules and regulations to the. Owners prior to the time when the rules and regulations become effective. .. ti'-:l.I 5.7 ~rnpmwi!m. No director Or officer of the Association shall receive compensation for his or her services as suchdircctor or officer exCept to the extent expressiyauthorized by II majority vote of the Owners presall at a duly. constituted meeting of the Association members. 5.8 Non-Liability of Directors and Officers. The dnclonand officers of the Association shall not be liable to the OWners or any other persons for any error or mistake of judgment ill s t~~~~:~1~~:~l~~:.~f2t;<~::'~~:~;J;;{~;:J);;ii\~>\~~~:;~ ~~~,"::~t ~ ~'/." ':~:,':>;:~i.;'~'<;:;0:"'" L ';:: ~\i~'t# ;;fftr;~~,.; ;j,~t:~~~;~Ji{'~'~tj ;~~~{(J~t ~:};;;':~~~i!:)~~!'i~l - . ,c'." '~'~-:;", '. ',~:'l." . ,......<<, .' ',. 0, carrying out their duties and responsibilities as dircctora or offir4'S of the Association. except fur their own individual wiJIfW misconduct or gross nealigence. h is inteudecI that the directOB and officers of the Association sha3 have no perscmalliabiIiIJ with rupect to any contract IIIIIde by them on behalf of the Association except in their cepadty as Owners. ",','S.9lndenmitv of~on and Officers. The Assoclation sbaII~,:hotctlllrmh?a inddet'eDd,qany' peI1OD;, JIii or her heirs, assips and leglilrepr.-niati~(coUl!lCtively. the .Jndcinnit~lI) lilllde or dbGltened to be IIIIIdt' a party to lilY don, suit or proCeeding by ~ of the f1ct that he or she is or was a director or officer of the Association, apinst aU costs and expenIe5, including attorneys fees, 1I:lbIaUy, and reIIIOftably inaD'l"edby the" Indemnitee in c:onnectK;n wi&. the defilDaeofsucla accio:l,lIUit orpnk"""i"8. or in connection with any appcaI , thereot;except in relation to mattenI, as to which it ~l be adjudpd in such IICtion, suit or P:~""lli!8 that such Indemnit~, issuihY , of gross DCBfigencc or willful misconduct in the ~ ofbis or bet cIuIies: The Association lIhaII aIio nimbune any ~,Indenmitee fur the reasonable costs of settlement of or Cor any judament rendenld in any such action. suit or prno-t:"8. unless it shall be adjudpd in such actioD. suit or Proc:eediuat!lllt such Indemnitoe was ';auiItY ofigross.j~or wiIJfuI, ~JI!Iuct.~.1iIaIdiia ~fincIiJJa$8Dd~~tJae 'adjilitieauon iJi isnjlClion.' Suitor proi:eedbis I,sabist In llidemaitee. no diter.tor or offic:ier sbaII be considered or deemed to be suilty 'of or liable fur sross nesfiseace or willfUl misconduct in the paformance orhis or her duties where, actina in good faith, such director of ofticer relied on the books and records of the Association l'I' statements ,or advice made by or prepared by any IIIlUIII8in8 apnt of the Association or any 8CCOUIIIaIIt. attorney or other person c.r finn employed or retained by the ~ation to render advice or service, unless such director or officer had actual knowledge of the falsity or incomlctDess thereof. nor shall a director be deemed suiliY cf gross negligence or willful misconduct by virMl of the &ct that he or she fiIiIed or ne- glected. to attend any meetiDp of the Board of Dite.:tors of the AssoUation. The costs and expenses incurred by any Indemnitee in oefilnding any action, suit or proceeding may be paid by the ~ationin advance of tile final disposition ofsuch don, suit or proceedit.ts upon rec:t:ipt oflUluodertaking by. or Oflbehalfofthe,lDdemniteeto repay the amount paid by the Association if it shall ultimately bedc:temiinedthat the lndenuUtee is n.Jt entitled to indemnification or reimbursement as.provided in this hrasraph 5.9, F... I ; ;". ".; ARTJC~ VI . ARCHlTEcruRAL REVIEW COMMITI'EE " UI #~;"'~',,:,,~,.;.;.:.' . \ '. ~. : ,.' .6.1 ~.'J'here shall ~ and,hereby. is, aeatedand esu:blished an Architectural Review Committee to perform the fimctiOD$ provided Cor llerein. At all times during the Develop<< mentPeriod, the Architectural Review Com,njttee ,shaD CQnsi:st of three (3) members appointed, fi'omtilllli to time. by Developer and who .aIu!llbc subject to ren1OY8l by I>evt'Joper at any time with or .without cause. After the end of the ~(\pmentPeriod. the Architectural Review Committ~ shall, be a standing committee .of die A.ssociation, consisting of ,three (3) persons apJ)Qinted, fi'omtim~ to time, by the ,~9fDirectol's of the Association. . The three 'persons appointed by ,the BQard of Di~on to the Architectural Review Committ~ shall ccinsist of OWners of Lots but n~ not be membel'sof the Board ofDi~ecton. The Board of Directors may at any time. after the :nd of the Development Period remove any member of the Architectural Review Commit,tee upon a majority vote orthe Mcmtben of the Board nfDirecton. 6.2 ~lJIOsesand ,Po'~ ofArdtitectural Review Commi~. The Archit~ra1 Review Committee lihall rP.View and approve the design, Bppear8!1Ce. and location of .all residences, structures or any other improvements pJa:..;ed or:, modified. by any person' on 'P.Ry Lot and tlte installation and removal of fIlY trees, bushes, shrubbery and other Ia.,dscaping on any Lot, in such a man,ner as to preserve the value and desirability of the Real Estate and .the hannonious relatio.nship among Residence Units and the natural vegetation lIRd topography. . (i) In '3eneral. No residence. bl,lilding, structure. antenna, wrJkway, fence, deck, pool, tennis court, basketball goal, wall, pabo or otholl' improvement of any type or kind shall be . ere:ted, constructed, placed or modified, changed or altered on any :Jot without the prior \\TItten 6 L ...\0.4.._..........-..___.'01 ..I.. ............ .-.d approval of the Archi~ecturaI l~view Committe,:. Such I.;i'proval may be ObtLll~ .oll/y aftt'r written appliaJiou has been made to the Architectural Review Committee by tDe> OW"4:, oft!le Lot requesting authorizati(\n from the Aremtectu.'1lI Review Committee. Such written ""plication 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 proJpoSCll1 to be used and any proposed landscaping. together with any other material or infomlation which the Architectural Review Committee may reasonably require. . Unless otherwise permitted . by the Architectural Review Committ!lC, plot plans. shall be prepared by either a registered land surveyor, engineer or architect. . (ij) Power of lJi.roval. .' The Architectural Review Committee may refuse to approve any application (a "Requested Change") made to it when: (I) The plans, specifications: Jrawings or other materials submitted are iriadequate or incomplete. or show the Requested ChangetCl ,.'~ in violation of any of the term.', of this Declaration 'or the Plat Co"enants and Restrictions applicable to r.oy part (;f the Real Estate; (b) The design or color scheme of a Requested Change is not in harmony with ~ general surroundings of the Lot or with theadjllCCDt Residence Units or related improvements; or I I' I I i (e) The Requested Change in the opinion of the Architectural Review Committ=e would not preserve. or enhance the value ~nci . desirability of the Real Estate.or.would otherwise be contrary to the interests, welfare .or rights of the Developer or any other Owner. (iii) Rulo:s and &r,gy!.atiolls, .The Archit~tural Review COmnbitee, from time to time, maypromulgatll, amend or modifY additional rules and regulations or building policies or procedures as it may deem necessary or desirable to guide Owners as to~herequirements of the Archi.tectul'a1 Review Committee for the submission and approval of RequestCliChanges. ...... ; 6.3 Duties of Architectural Review Commi~ If the Architectural Review Commitl'}e does l!ot appro~-e a Requested Changl)1.~~thin fony-five (45) days after all required information on .the Rt:quested Change shall have been submitted to. it; then such .Requested Cl1ange shall be .dcemec denied. One copy of submitted material shall be retained by the Architectural Review (' ommittee for its perinanent liles. 6.4 lJAhilitv of the Archit~tY!l!LI~&yjewCommittee. Neither the Architectural Review Committee, the Association, the Developer nor any agent or member of an)' of the foregoi>:~ shall be responsible in~y way for any. defects. in any. plans, specifications '.)r other material!; submitted to it,nor for any defects ill any. work done in connection with a Requested Change CT for any decision made by it unless made in bad faitlT or by willful misconduct.. ','.. '} ~-' .... 6.5 ln~. The Architectural Review Committee or its designee may, but shall not be required to, inspect work being perl"ormtdto assure ccmpliance with this Declaration and. the materials submitted to it pUfSUantio ihis Artiele VI and may requirt: any .work notco~sistent with an approved Requ~sted Change; or not approved, to be stopped and removed at the offending Owner's expense. ARTICLE VB ASSESSMENTS r 7.1 Puqlose of Aa___ta. Each Owner DCa Lot by acceptanc:e for itself and related entities of a deed therefor, whether or not it IlhaIl be 10 expressed in such deed, is deemed to . : c;OVenapland agree. to pay to. the ~ohfur his obligation for (i) reguIar&SSessments fur CommbnElj:pen$es (aJlegular As!essmentsa) and (Ii) special assessmentst'Qr capital improvements ~ .operBtiJ1Bd~ciisaild for specwmaiutenance 8Dd repairs (aspclcial~"). Such IIlSesSI'i1e!tts Shall be Cstab1iihed, sbal1 COJlUIICDCe upon IlIch dates 8Dd shall be coUected II herein .ptoVided:ThCgi:nei'alpurposeof RepIar' end Special A.ssessmeots is to provide furicIs'to maintain and. improve the Common Areas and related W:ilities for the benefit of the Owners, and the samnhall be levied fur the foUowina specific purposes: (i) to promote the health, safety and wcIf8rc ofthc residents occupying the Real' . EsIatc.. (Ii) for the improvement, maintenance and repair of the Common Areas. the improvements, lawn foJiase and 'anclsc:aping within and upon the Common Areas, l..and.....pe Easements, Drainap. Utility or Sewer Easements and 1M drainage IyStem, (ill) for the perfOrmance of the raponsibilities and duties and Soltisfaction of the obligations ofthc Asrociation and (iv) fur IlIchother purposes as are reasonably necessary 01' specifically provided herein.' A portion of the RqpaIat Assessment may be set aside or otherwise alloc8ted in D reserve fund for n:pair andrepllcement of any capital improvements which the Association is required to maintain. The Regular and Special Assessments levied by the Association shall be uniform for all Lots within the Subdivision. ....i~'-.J. "f. :~ I \! .. - t~" :;,~1' !!-IL. . :~j~:":n- , 7.2 Replar Aa_amentl. The Board ofDireeton of the Association shall have the right. power and authority, without any vote of tile members of the Association, to fix from time to time the Regular Assessment apinst each Residence Unit at any amount not in excess of the Maximum Regular Assessment as foUows: I I I \J1 j . ". ......... I '. ..... ... .... I . Ill. ..~...... '...,..........................1 ~. .....,. 4'J~;.1 ex> CD '-0 .(i) Until December 31, 1996, the Maximum Rego.Jlar Assessment on any Residence Unit for any calendar year sbal1 not exceed Three Hundred, Sixty DoHan ($360.00). . (iil From and after DeceIr.ber 31, 1996, the W.ax!mUDl Regular Assessment on L'Y Residence Ur.itfor any calendar year may be ~. by not more than SixtyDollan ($60.00) per, Year above the Regular Assessment for the previous Calendar year. withClUt a vote of the members of~e AsSocilltion. . . ,'(!li)Fromand~erDecember 31.19'l6,~e Board ofDi~on9fth:. Ass9aation may. fix the Regu1ar Assessment. .atanamount inexc:ess of the maxim\lm anwunt. specified in subpar.agraph (ii) above only with thelljlpfOval oca majority of those members of each class of members of the Association who. caSt votes inpenQn 9r by proxy at a~ing of the Jr.embers of the Association duly called and ht:J~ for su.ch purpose. . . 7.LSpecialAs.'Ie!lSments In addition .to Regular Assessments, the Board of Directon of the Association may make Special Assessments against each Residence Unit, for the purpose of defraying, inwboleor.in pan, the-costofconstnJciliIg, reconstructing, repairing or replacing any capital improvement which the. A$sociation is required to maintain or. the cost of special main~enance 8Dd repainer to recover any deficits (whetherlTom operations or any other loss) which ;the Association :nay from time incur, but only wil.h the assent of a majority of the members of each class of l1'emben.of the. Association. who. cast votes in penon or by proxy at a duly constituted meeting.ofthe members of the Association called and held for such purpose. .~. ',.~- .., . . 7:4. ~ against DevelOJll!f During the Development ~. Neither the Developer nor any affiliated entity shall be assessed any ponion of. any . Regular or Special Assessment during the Development Petiod. 75 Date ofConunencement of Regular or Special Assessmen~e~ The Regular Assessment or Spec:ialAssessmenl, ifany, stuall col1UlK:llCe as to each Residence Unit on the lint day of the first calendar month following the fint conveyance of the related Lot to an Owner, provided that i;; the case of the conveyance by Developer to any other builder in the Subdivision, !l such .c(. mmencement shall occur on the first day of the sixth calendar month foUowina the first conveyance ofthe Lot to the builder. The Board of Direct on of the Association shall fix the amount orthe Regular AsselIsment at II}Ut thirty (30) days in advance of each IlIDIIIII assessment period. Written notice of the . Regular Assessment, any Special Assessments and such other ~tnotices as the Board of <,'"DiJ:fadn shaD~appropriate sball be IGIllo each Owner subject tIier:eIo;The instillment :' :'pe;,.jod~.~duedatesfohl1 assessments shaD be established bytbe]lolardof Directon.The ,Bo8rd pf ~ois may provide for reasonable interest and late charses'on pist clue installments of assessments. ' . 7.6 Failure of Owner to PavAa-- .1~.~ :r:J.: .,. r---" (i) No 0- may exempt bimscIf from payill8 Regular Assessments and Special Assessments due to such Owner's nonuse of the CommonAress or abandonment of the Residence Unit or Lot belonging to. such Owner. .If any Owner shaD fiiI. refuse or neglect to make any payment of any a.~ment when due, the lien for such assessment (as described in Perapaph 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 tl) foreclose the lien for any assessment, the Owner and any occupant of the R~dence Unit &ball be jointly and severally liable for the payment to the Association on the first day of each month of reasonable rental for such Resic!ence Unit, and the Board of Directors shaD be entitled to tho appointment ofa receiver for the purpose ofprnerYing the Residence Unit or Lot, and to collect the rentals and other profits therefrom for the beaefit of the Association to be applied to the unpaid assessments. The Board of Directors of the Ass.lc:iation. at its option, may in the alternative bring suit to recover a money judgment for any unpaid assessment without foreclosing or \VIIiving the lien securins the same. In any actior. to recover an assessment. whether by foreclosure (lr otherwise, the Board of Directors of the Association, for and. on. behalf of the AsSpciation. shaUbe entitled to recover ITomthe Owner of the respective Lot costs and expenses of such action incurred {"mcluding but not limited to attorneys fees) and interest ITom the date such assessments were due until paid. . , '.' . .... (ii) NoJwithstandins~. contained in.this Paragraph 7.6 or. elsewhere in this Dec;1lU'!\ti9n. .any sale oOransfer ofaJtesidence Unit or (..ltto a Mortgag~pu~antto a foreclo- $lJ,re,ofits mOrtpgeor CoIlVe)'lllU<e in lieuther:eo( or a conveyance to any .person at a public sale in '~einannerprQYid~ by I!lw, with respect tomortpge foreclosures,. $h"'l ~l,IgUishthe lien of any.unpmdassessmenti which became due prior to such sale, transfer or' conveyance; nmvided however, that the. extinguishment of such lien shall not relieve the prior Owner ITom personal liability therefor, No such we, i(BDSfer or conveyance shall r~lieve the Residence Unit, or the purchaser thereof: at such foreclosure sate. or the grantee in the event of conveyance in lieu thereof, from liability for any ~ ~ becoming due or &:om. the lien therefor. '.,", . , ,7.7 ~ti9Q.ofLien and PCI'JOnaI OblillBlion All Regular Assessments sndSpeciaI As- sessments. together with interest, costs of co1Iec:tion and attorneys' feel!, shall be a eontinuing lien UPl:)O ,the lot against which such assessment. is made prjor to a11.other liens except only (i) tax liens on any Lot in favor of any unit of go~t or special taxing d~ct and (ii) the lien of any fiBt mortgage of ~rd. Each SlIch assessment, together with interest, costs of collection and attorneys' fees. shall ats() be the persoll!ll obligation of the Owner, of the Lot at the~ime such assessment became due ~d payable. Where the Owner constitutes more thim 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) S:Ja1l not pass to such Owner's SUC~B, in title unless expressly assumed by them. The Association. upon request of a propose:! Mortgagee or pl't)posed purchaser h&.iing a contractual right to purchase a Lot, shall furnish. t9. such Mortp~~ 'If purchaser a statement setting forth the amount of any. unpaid Rep .lar C.'f Special Assessments or other charges against the Lot Such stlltement shaI1 be bindill8 upoa the ~sociation lIS of the date of such statement. . ' '7,~ Ell:pl<l1se Incurred to Clear Drsinase Utilitv or Sewer Easement Deemed 8 Special Assessment As provided in the Plat Covenants relating to the Real Eslllle. the Owner of any Lot fJ ,I ; ~';:,:t~~,;~ ~;::[{i;~:~ ~}S.~~~~:~~;i:;; :,~~::~r~:!~~~'~~1~1~':~~~~~~~:; - ':',f~"",'" . ,.".'" ", 'J.., ~;::,:::-.r . . 'i;', "'~ \J1 _f t.I-':,;$.., . ~ . subjflC! to a Drainage, Utility 01' Sewer Easement including IIIJ builder, shall be roquired to keep the portion of'said Drainage, Utility or Sewer Easement on his Lot free from obstructions so that the storm wa~er drainage win not be impeded and will Dot be cbanged or altered without . permit from the applicable local govermnentaIauthority omcl prior written approval of the DewlIopcr and the Association. Also, no structures or impr0vemcnt8. including without limitation decks. patios, pools" fences. , walkways, or landscaping rt any kind. shaI1 be erected or maintained upon Rid : ~easemem~ and. anysucll structure 'or' :. ;srovement so erected shall. at1leYelopel'l or the ,AsSociition'slWiineiln:quest, be prolnptly n:movcd bi the Owner at the OwJien,lOiecoat aDcI expense. It: Witbin thirty (30) days after the date ohuch written request, such Own. shaI1 Dot have commenced md diIigeniIy and continuOusly efI'ected the removal of an)' obsttuc:tion of stOnD water drIinIae .or anY prolu'bited strueture orim~ D..--veloper or the' Association may enter u;KJD the LOt aecI ciame .uGh obstruetioD, stnioture Or improvement to be, removed 10 that ta'le nr.iJIa&e; Utility or Sewer Euerneut is 11lIUincd, to its orisinaI dClignccl condition. In such event, ~, ,or the AssociatioD sbIU be entitled to recoVer the fun cost of such wort ftom the ofl'e8clinS Owner' and aUch amount sbaJ1' be, deeaMld a 'special 1SSClSSIIM:Ilt' agairist the Lot ' owned by lU1:b Owner wbic:b, if unpaid. IIhaU conItitute a lien against such Lot and may be ' colJectec:b)'tbeAssociation punuantto this Article 7 in tbc ,same IJIInner as, any Regular Assess- mentor Special Assessmelit may liee:oUected,:. .\ ',' ' , ARTICLE vm INSURANCE &.1 Casualty Insurance. The Association IIhaU purchase and maintain fire and exterided coverage insurance in an amount equal to the full inSurable replacement cost of any improvements owned by the Association. The Association shaD also insure any other property, whether real or personaJ. owned by the Associatioo, apiDSt luss or cIama&e by fire and such other hazards as the Association may deem desirable. Such ~ policy IIhaU name the Assoc:iationas the insUred. The insurance policy or policies shall, if practicable; contain provisions that ~ illSl,ll"Cl" (i) waives its rights to su~ion as to, any claim against the Association, its Board of Directors, ofticers. agents an4 employees, any conunittee of 1M Association or of the Board of Directors and all Owners ,and their respec:tiveaselJl8 and 8'lests and (Ii) waives any defense to. payment based on iovalidityar:ising from the acts of theinsunld. Insunmceproceeds sball.beused by the AssociaP;)!Ifpr tlte ,repair or ~Iaceinerit of the property, for which the insurance, was carried. " . . 8.2 Liability Insurance. ,The Association IhaJI also purchase and maintain a master cn~l\sive public liability insm:l!.!!ce policy in l!Ucb !I.!!!oun! or amounts 3S the Boa.""d of Directors shall deem apprnpriate from time to time. Such comprehensive public liability ins4Jrance shaI! cover all of the COlllJl.1On Areas and shall inure to the benefit of the Associstion, its Board of Directors, officers, agents and emPloyees, any committee of the Association or of the Board of Directors, all persons acting '1Twho may come to act as lI8ents or employees of any of the foregoingwit:h respect to the Real Estate andthe Developer. , ' , 8.3 Other Insurance., The Association shaII slso purc~ and maintain EnY other insurancerequiredby.lllw,to bemain~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 insuran<:e. 8.4 Miscellaneous. The premiums for the insurance described above shall be paid by the Association as Common ElC'penses. ARtiCLE IX 9,(M.ainterianceofLotsand Imp~vefi1~ts. EAcept to the ~;.1ent such m~n~enance shall be the responsibility oflhe Association under any oCtile foregoing !~r".i!ions of this Declaration, it shall be the duty oJthe Owner of each Lot, including any builder dur:ng lhll building process, to iO L.._ L --,~_S ~~~~_:.::...':~ I. - . --,....-di!'I_._.i~!~~ ~'. ~ , , , 'I ~ I ~. I / ! 1 { keep the grass on the Lot properly '-"lit and keep the Lot, including any I>rairl8se. Utility or Sewer Easements Iotated on tbe Lot, fh:~ of weeds, trash or construction debris and otherwise neat and attractive in appearance including without limitation, the proper mrintenance of the exterior of any stnIctures on such Lot. If the ()wqcr of 11II)' Lot tiiIs to do so it s mantte. reliSOl1Ibly satisfa'VInry . to the: Assoc:iation, . the . Association sbaII have the. risht (but not the obhption), . throUSh~s 8&ents. emplo)'ClCSand contractOrs, 'to enter upon said Lot :md . dean, repair, maintain or restore the Lot, as the case may be, and the exterior of tile irilpl'ovements erected thereOn, The coSt ofany :uch work sIia1I be and c:ooStitute.. special assessment agaira.'It such Lot and the owner thereot: whether or not a builder, and may be c:oIIcc!Od and enfon::cd in ..he manner provided L"I this DeclAratioo for the coUectionand eilfurc:emeal of usesSinents in genn, Neither tile AuoQilion nor ailyof its lI$en~employee$ Or COIIIIaCtOrS shall be liable to.the ofrcnmna OWilef for any damagt: Which may result from any mamteDaDce work perfum<<l hereunder, ':~{:":l - :1'',,'" > .~:., ';:',:.': . tl::~ I !,-,> i Ul 9.2 nR~e to Common Areas. In the eYeIIt of damage to M destIUction of any part of the Common Areas or any improvements wbich the Association owns or is required to maillUiin hereunder; indudingwithQut limitation any SubdivisjoP improvement. suChufeau-or Columns .. ereciecfby (he oeveloperin righi~f-"'&y.",,. ... the AsSociationsball rep8iror Rp~.the same. fromtheinSnce 10 die extelltof the IviiJabmtj of suCh iDsutuic:e proceedS. Ifsu"h iusurance proceeds are insufficient to cover the costs of repair or replac:ement of the property damaged or destroyed. the Association may make a Special Assessment against all Owtws to cover the additional cost of repair or replacemerit not covered by the insurance proceeds. . Notwitbstanding any ob1igation or duty of the Association hereunder to repair or maintain the Common Areas alld other improvements if, due to the willful, intentional or negligent acts or omissions of IUIy Owner (includiDg any builder) or of a manberof his fluniIy or of a guest, subcontractor, einployec. tenant, invitee or other occupant or visitor of suc:hOwner, damage shall be caused to the Common Areas or any other improvements lJll1int.i-.d by the Association pursuant to tbis Paragraph 9.2, or ifmaintenance. repairs or replacements shall be required thereby wbich woulC: o~isebea ~Qmmon Expense. then the Association shall cause such repairs to be IIIlUie and suchOwtiershaU pay forsuclnl8ll1lllPt and such maintenance, repairs and replacements, unless such loss is coverecl by the Association's i~ with such policy having a waiver of subrogation clause.' If not paid by IUCh Owneri.poD demand by the Association.. the cost of repairing such damage shall constitute aspec:ial assessment against such Owner, whether or not a build~, and its Lot, to be c<oUected and enforced in the manner pro\ided intbis Declaration for the CQlledonand enforcement ofassessmellfs in gen~.. , f il. ~.~ I L 'j ......... . l <:> ~~.! ex> 0:>'. ARTICLE X MORTGAGES 10.1 Notice to Mortgl!~. The Association, upon'request. shall provide to any Mortgag~ a written cenifi~e. or notice specifYing unpaid IlSSe5Sments and other detilulu,if any, of the Owner uf any.Lot in the perform,ance oftfo.e Owner's obligations under this Declaration or any otlterapplica~le dQCUmenu, . I ! . . . "r" ...IQ.2'~etoAssociaii!m. Any Mortgageewbo:holds a6rst mortgage \~ona Lot may notify the. Secret8l:' of the Association by certified mail (retlJm rer.eipt requested) of the existence of SUch mongage and provide the nameandad~of ti.e Mortgagee,. .A record of the Mortgagee and name!U1d address shall, be maintained by the Secretary oftbeAssociatioJ:! and any notice required to be given to the Mortgagee pursuant to the terms of thi.sDeclaration, the By-Laws of .the Association Of otherwise sball 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. ad~ress of the Mortgagee are furn:shed to the Secretary llS herein provided. nu notice to any Mortgagee shall be.required,and no.Mortgagee shall be.entitled to vote on!lJ1Y matter t(1 which it otherwise Inay b4: entitled by virtue of this Declaration. the By~Laws ofth:: Asspciation, a proxy gnI1Itedto .such Mortgagee in connection with the mortgage, or Qf.herwise. . . .. ":t" . ., 10.3. Mortgagees' Rights Upon Default bv Association. Iftbe Association fails.(i) to pay ~,l..('.sor the chmges that are in default and .thathave or, may become liens against any Common II L . ~. l ; ~ r- Areas. or (il) to p"'y on a timely basis any pr.uum on Iward insul'lllCe policies on Common Areas or to secure. hazard insurance em....., for the Common Areas upon lapse of a policy. then the Mortgagee with respect to . lID)' ~ may rnabl the paymenl on bebalf of.the Association. ARTICLE XI AMENDMENTS 1 J.l Qy the Association Except as otherwise provided in this Declaration, amendments to this Declaration shall be proposed aDd adopted in tine foRowing manner: (i) ~ Notice of the. subject III&tter of any proposed ..mndment shaD be inCluded. in the notice of the meeting of the meIi\ben; of the Association... which the proposed amendment is to be considered. .. . (ii) Resolution. . A resolutioilto adopt a proposed amendment may ~proposed by the Board ofDireCtoB or Owners luivingin the agregate at_ a majority of voles of aU 0WMn; . f " W .~ i. '-D U1 (ill) MmiDJ. The resolution concerning a proposed amendment must be adopted by the vote l'e1uired by subparagraph (iv) below at a IIUlding of the members of the Association duly called and held in accordance with the provi&ions of the Association's By-Laws. (iv) AdO!ltion. Any proposed amendment to this Declaration must be approved by a YOte of not less than sixty-seven pen:att (6"") in the eai'esate of aU Owners who cast votes in person or by proxy at a meeting of the members duly called and held for such purpoSe; provided. however. that allY such amendment shaU require the prior written approval of Devdoper so long as Developer or any entity a8i1iated~ Developer OWDS any Lot "ithinand upon the Real Estate. In the event any Lot is subject to a first I1KJItSI8e. the Mortg&geeshall be notified of tile meeting and the proposed~ent in the ~ manner as an Owner provided the Mortpgee has giVen prior notice of its mortpge interest to the Sec:retary of the Association. in accordance with the provisions of PllTII8I1IPb 10.2. . ~~: . ~'~ .. ~,', , "M" , .~f{~ ,:, ' . .)J...... :~f ..". . II 2 By the Deve!qlCf. Notwithstanding the procedure describet: in Puagrapb 11.1 above, Developer hereby reserves the right. so long as Developer or any entity affiliated with Developer owns any Lot within and upon the Real Estate. tennae any amendments to this Dec1aratiOI\ without the approval of any other person or entity. for any purpose reasonably deemed necessary or appropriate by the Developer. including without limitation: to bring Developer or this DccIaration into compliance with the requirement of any statute,ordiDllllCC, regulation or order 9f any public agency having jurisdiCtion"ith respect to the Subdivision; to conform with zoning cova.umls and conditions; to comply with any requirements of the Felderal National Mortgage Association. the. Government National. Mcngage Associalion the Federal Home Loan Mongage Corporation. the[)epartmem of Housing and Urban Development. the Veterans Administration or any other governmental agency: or to induce any. of such ager:cies to make.. purchase. sell. insure or guarantee first mortgages;. or to correct clerical or typographical errors in this Declare::;:.n or any antendment or supplement bereto; ~ that in ,10 C\-ent shall Developer be entitled 10 make any arnendment. pursuant to this Pmgraph. 11.2 whic.'1 has a material ad.verse effect on .t~ .rights of any. Mortgagee..or ~hich substantially imp~;lI s. 'II<- rights granted by this Declaration to any Owner or. substantiallyincrea.~ the obligatio".,' ; ..posed by Ihis Declaration on any Owner. ..iI-..:~' - .,.' ~. 11.3 ~nfu!g. Each Bmei1dment to this Declaration need be C1lec:uted only by Developer in any case where Developer has the right to amend litis Declaration pursuant to I'aragraph 11.2 and. .olherwise. by. the I'residentor Vice I'resident and Secretary of the Associati01l; ~ that any amendment .requiring the consent of Developer.pursuant to ParagraphJ Ushal'~.ornai.n Develol6s signed consent.. All amendments shall be recorded. in . tbe Office of the Re..-.urder of Hamilton County, Indiana, and no amendment shall beCome effective until so recorded. I~ ~~:i~l!~:!:;;," ,:1': )~%{;~:,;~;<~\:~C5~~*;,';:::~F~J~~j)C;~:~:' L 'i;;:iT;]F',i~i\~1{;f~'if~;:n@~5tJ%~1 - ,]. ~ .'j,t '~ :I~ i~ j~ l~ iB ' ;~ .t.: .~ ,... ~ ~.~ .,,-~... - ..~ ...:. . ARTICLE XU MISr.m J,ANF..ous 12.1 Ri&bt of EnfOrcement. Violation or threatened violation of any of the covenants. ~nliiti~nsorrestiictionsenumerated in this Declaration or in;aPIat of any part of the Real Estate DOwot;ber~~edin the office oCthe Recorder o~HamiltonCoumy,~ebID be .~ foflin8ctionby<DeveIoper, the Auoc:iaIion, any Owner and ,all :pcuons oreillilia clailllin$ #Crtlk.:~l;apnst the penon or entity violatingi?r tlnatenina to Violate any iucb eoveoants, COIiditiODS or JeStrictions. AVlilabIe relief'in any sUch action isIWI include reccMlI'Y of damttges or other Sums dUe for such violation,.. injunctive relief apinst. any .1UCh violalion or threatened violation, dec:Jaratory relief' and the recoYeryofcosts and attorneys.. fees .reascmibIy incurre ~ uy any party ....c:CessfuUy enforcing such COYf:DIUIts, conditioDS and restrictions; provided. 1lcnvC"~. ..hat neither Developer, any Owner nor the Association shall be liable for.damaps of any bIW to lay person for filiIins or nesJectiDgfbrany reason to enforce any such covenants, 'COtIditiuns 'or restrictions. ' ..,~ 12.2 D&y or Failure to Enforce. No delay or failure on ilie part ofanyllgsrieved party, including without limitation the Association and the DeYeloper, to invoke any available remedy with :e,pect to any violation or threateued violation of any covenants, conditions or restrictions enumerated in this Declaration or in a Plat of any part of the Real Estae shall constitute a waiver by that party ot: or an estoppel. of that party to assert. any right available to it upon the occurrence, recurrence or continulUlQ: of such violation. 12.3 DIn!km. These covenants, COnditiODS and restrictions and all other provisions of this Dec1aration (as the same may be amended ftom time to lime as herein provided) shall run with the land comprising t1Kl Real Estate and shall re bindinJJ on a1j persons and entities from time to time having any right, title or interest in the Real Estate or any part thereot: and on all persons c1aimin;~ under them, wltil Dec:ember 31,2015, and thereafter sIW2 continue automatically until tennina.ted or modified by vote in the majority ~fall Owners at any time tbereafter, provided, howevcll'. that no tenninlltion of this DCclafation sttaIl terminnte or otberwise atfect any easentent hereby created and reserveclunless.a11 persons entided ~o the beneficial use Of such C!lSCflleDt ~I conserr~~ tl-'n:rct.u. . . , . ,.)2.4'S~ili~. :lnvalidation of any of the covenants, conditi.ons or restrjqions contai'led in tbisJ)ec:~ti()n by judgq1ent or ,~ ordCl: shall nol in anyway affect. any of the other provisions hereof, .whicb shall remain in full force. effect. . ..12.5 Mpli~ble La'~. TbisDeclaratiQn.shallbe.govern~ by and conStruedin.~rdance with the laws of the ,State oflndiana: .. . 12.6 Annexation.. t\dditionaIland adjacent to the Initial Real Estate !118y.be armexedby Qeveloperlo the.Initial Reid Estate (and from and after such llI\I1ex8tion shall be deemed part of the Real Estale for all purposes of this Declaration) by execution and recordation by Developer in the Office ofthe Recorder of Hamilton County, Indiana, ofa supplemental declaration, and such ac;tion shall reguire noJ appwvals or other action oftbeOwners. XIII DEVELOPER'S RIGHTS 13. I Access Rights.. . Developer herl:bY declares, creales and reserves an access license over. an,d acroS$ all .of the. Real Estate for the · use of.Developer and its representatives, agents, designees, contractors and aftiliat:s during .theDeveiopment Period, Notwithstanding the foregoing, the area of the .aCl:ess license created by this Paragraph 13.1 shall be limited to that part of the Real Estate which is not in, on, under, OVer. across or through a building or the foundation ora building properly located on the. Real Estate. The parties for whose benefit this access license is herein created and reserved shall exercise such access righls only to the extent 13 r I ~: If! I; !~ .~ ..'t. ..n.. ., "" ~.....".'......'........ . . Ii tJ'- '. j,!Ii ~' " . : " . ,ra'" .' .-' _ -'. ;~-'" . " . l ,,','.: :~;'~ ?::.,' ": I . . '.' ~. ~'\' t ~"I l.~'...""."~..-~.l' ~"""" :.", .,.... 0':, ...... .,' o ". , . . . " .. . . . . . 00................... .1 . "-, ,', ..' '," ~'l ...,..,. I I '.' i- ..r....h.,;..'.~~~~'~; . .....,. ;; L reasOnably necessary arid approp.iate and such parties ibaII, to the extent reasonably pI'ICticable. repair any damage or destnJction caused by reason of such paities' exercise of this access licenM. 13.2 SisDI. Developer and its desipees sbaIl have the risbt to use sipsofany Iize clurina the Development Period and sbaU not be eubject to the Plat CCMIIlIIIts with rapect to sip during the Development Period. The Developer and its designees shallldso have the risbt to constM:t or cbaIn&c any building. improvement or landscaping on the Real Estate witbcut obtaining the approval of the Architectural lteview Committee It any time during the Development Period. . . . . '. ,., - . -' ;'i3::fSaJesotlices ~'Modela. Notwithst8ncIiD ~ fa tlieco~'~' ill thiS Dedar1Iliori Or II Plllofany part of the Rat Estate now or hereafter teCo,dedill the otIice of the Recorder of Hamilton County, IndiaDa, Developer, ay entity rUled to Developer and any otbi:r penon oremity with the prior WritteIi c:oasent or DMlope.oo. during the Development Period, sbillbe entitled to c:onstnlCt, insI8II. erect aDd maiatain sudI &ciIi_ upon any poItion of the Rat Eshite owned by Developer, the Assoc:ildioD or such penoIl or entity II, ill the sole opiJIion of Developer, may be rasooabIy required or COJMIIient or i....ulftlt.1 to the devdopment of the Real Estate or the sale of Lots and the COIiItnaction or sale of RelIicleace Units thereon. Such facilities may include. without Iimita1ioD, storage areas or tanks, parkins areas. signs, model residences, construction offices or trailers and Illes offices or trailers. .~ [ IN WITNESS. WHEREOF, this DeclIIration bas been executed by Developer as of the date first above written. Davis Homes. I.LC By: Davis HoIcn.... Corporation, Managing Member By: 4~~ C. kichan1~s Vice PrelIid~ . STATE OF INDIANA ) ) SS: ) CC.UNTY OF MARION " " 'I'..' ""'; . " . : Before me, a Notary Public, in and for the S~e ofInd':-".i sonally appem:ed C. Richan1Davis. Vice President of ,Davis Holding Corporation, ,';'UII,m. COrponltion. wOO acknowledged the execution '.. of the foregoing.. DeclarBtion ot Cov.:..ants,.. Conditions and Re:;~ctions of Shelbome Greene. . \vrI"NESS my ~d and NotarialS4llll this ~day of~. 199.5. ,,~y. (/. '. . N~ ~;Ii~ h l~~ \.. ~ . t:.L...."'0 l..J. iA.. Printed My Commission Expires: _ 1..\. 1.\'~ County of Residence: _ \\r......:. \.\..0"" This instrument was prf:pared 1.11 C. Richard Davis; Vice President of Davis Holding Corporation, 3755 East 82nd Street. Suite 120, Indianapolis, Indiana 46240, (317) 595-2900. ; 14 ~i~~:~r~;~~:i~~'{{1:~~~r~{~;(;'~~~'i:;;;'!.;;/;~;f~2t' . ~. _~.. =ft: '-'> '\J1 ~ ''''...... . '" " --0 .-..-.....~"':"'-'f"-, ~.., , .-' . 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Ulo olllllllllart'-l __ SIcIIlIlI . ~ II Il6U4 !Ill II 1M IGIIIIlC POIlI. -1aiMlt ,&141 -II, - .. .... , ' ,.:' ~.':DESaFTION Pert of Section 8, TcnmshiP 17 North, Range J East II HC!l1Iillan Courity.1ndicInt\ being more. partbllally descrIled os falows:..... .. BEGiNNiNG .. ';' rolroad. ....... ;, Inc:lNia' ...... _Ii olline with cut...... a' the Sou"'_1 Carner of. "'.. North-' Quart.. a' .... Slcllan I; "'Ill... ... on -..d....... of IIarlh 00 de9r'" ll& ","""".M -"'....et olong. "'" "'\l.lM of lIGfd NOrtIt_. Qual'ter Sectlon.a dlat_..1 47'.3t'''\l'1leI\ce Nor",a. ctev- 53 m1r...t.. m ___ Eal a cn.t_ 'af. 40.00 1eIt: "'_North .45 ...... 01 _ut.. 05 ........ Eeet . dIetrl~ .f 43.04 .f..1 '" a ........ -9 a........ of 'a46 ....~ Iho ........ palnl of ........ "-wI Harth D3 ~ .42 ...lnul_ 30 ___ _.._ .Eoal""" -. _ ..... ... are .,...1_ .1 fl9..... fill t. u.. point of _ _......01 . curw .......... 0 ........ of moo 1..1. 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SOU"'2-r....... 5Q m"",I._" _ Eoal acllalan... af.'46.7lI1Ml; _ Sou'" . 55 ~o I.l IIllnul..52 .__ _. .0 cn.lance 01 'lI.fl5 .1001;' _~ 'Sou'" '0 cleti...SSllllnula52 _ _I. dIet_.of 97.5.Sfoel; _ce SouUI ,"..,... 08 mlnul.a. 10 ....,;"d. -. iii lhlClftl'O 01 2OL2I.....t; Ihence Sou'" 011...._ 01 ...lnul.. " __ En' a cn.lonc. .01 1011.25 ,..t; thence Soulh 7& ...._ 50 _toe 32 aec:ondi _ ..".Ionce of ,~oo feet; u.e.- Sou'" 13 ....... 09........toe 211 _. E.I a cIiolonc:s of 19.27 "'t:"'inCa Sdut.ll 76 dovr_5O mlnul. J2 __ Wo.I'lJ dlal_ol.n8.47 1..1;"'_ NOrUI 89i1ogrMi. ~ mlnul.. 14 --... w.t a dI,tance of 20.00 foo. 10 "'" [.1 Uno of' o'troc\ 01 kncl ......... In '0 ...... '" a.wr_ roconl'" In 0.... Record 256. Pogoi :il') In "'.. 0ffIi:a c:f ,ria It_ of ttc.nI\an Counl" Indlono (Iho' "a'" 1_ (2) __ .___" ..... aIon9 "'. Eat ...... ~h \.In. of _ Iroc:t 01 land); Ih..... North 00 dograo. 00 mlnutoe IfI .ocond. [0." ...- '""" l1li _ Un. of "'. Saulh_1 o..art.. of _ SocUon a. G dlal""<>e of 3Il.D3 toiol; .-... _Jo n cIoc7". 5. mlnuloo ,. - _I a ..olOllCll of '110.00 fool 10 tho _I Un. 01 _ Soulh_1 Quarter Soctlon; "'_ North 00 ...... 00 .......1.. IfI ___ E.... "an, th. oold Wool Un. 0 .r..lanc:o 01 .Z20.1lO loot to tho BEGINNING POINT, canlolnlnll 17.5&2 ocr... more or ~... . r , i ...1 . , .1 ~ ;j .~ . .'i .; .. ., ;t i !~ l. h:J: ". ;..... i;" .' . .' .' . _.- '.. ~ -. ." _. ~ . .::-a"..." ..., .........[. ... . I,;; ',,::. ~ " .. '"-'''-~~'I.''' -I .p~,::. ~. . -.. . .... ~ .. . .. \,:~i - .~ I'M~~rrEf 9709731167 Filed for Record in HRMILTON COUNTY, INDIANA MARY L CLRRK On 07-31-1997 At 02117 pI. DEC COU RES 26.00 ~. 0::> G) PLAT COVENANTS AND RESTRICTIONS SHELBORNE GREENE SECTION SA (VILLAGE) The undersigned, DAVIS HOMES. LLC.. an Indiana limited liability company (the "Developer"), is the Owner of the real estate more specifically described in Exhibit "A" attached hereto (the "Real Estate"). The Developer is concurrently platting and subdividing the Real Estate as shown on the plat for Shelborne Greene, Section SA. which is filed of record ju..\~ 3' , 1997, in the office of the R~order 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 officially as "Shelbome Greene, Section SA" but may also be known as part of "The Village at Shelborne Greene". 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 Shelborne Greene, dated October 25, 1995 and recorded on November 15, 1995 as Instrument No. 9560988. 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 Shelborne Greene Community Association, Inc. (the "Association"). set forth in the Declaration. If there is any irreconcilable conflict between any of the covenants and restrictions contained herein and any of the covenants and restrictions contained in the Declaration, the covenants and restrictions contained in the Declaration shall govern and control, but only to the extent of the irreconcilable conflict, it being the intent hereof that all covenants and restrictions contained herein shall be applicable to the Real Estate to the fullest extent possible. Capitalized terms used herein shall have the same meaning as given in the Declaration. In order to provide adequate protection to all present and future Owners of Lots in the Subdivision, the following covenants and restrictions, in addition to those set forth in the Declaration, are hereby imposed upon the Real Estate: 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. :Reques!ed;Sy: INelson,&,Frankenbergerr:06\20\2002~:' ,:,,' ;';i'J; "t'~;"'lJ', 't,::~:~."",', ~"' ,',:- , : ":',,:,,, ,;9.<:,'::":"',-,;1 ,,"\ ..i,",~ ?',(' '~"hJ' "~i "",",i' . -,. .,,, ..: " , ',,,,, A';';" , ~ '... .'.. _" ~ .\, ,r,\( , ~' .~~ ~~. = <' I ......~,J;>\_",';::-\ ',_ >-.Y.,~ ,." ',~,:.,~','''F'J'''""",,,,~ \ ,<'~~,~ l~-"fl<;!l, l~:';~'f. :>.' . 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. Maintenance of Common Area shall be performed by the Association as provided in the Declaration. 3. UTILITY. DRAINAGE AND SEWER EASEMENTS. There are areas of ground on the Plat marked "Utility Easements, Drainage Easements and 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 polest mains, ducts, drainst 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 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 maintenancet repair and replacement of such drainage system. The owner of any Lot in the Subdivision subject to a Drainage Easement shall be required to keep the portion of said Drainage Easement on his Lot free from obstructions so that the storm water drainage will be unimpeded and will not be changed or altered without a permit from the Hamilton County Drainage Board and prior written approval of the Developer. The Sewer Easements are hereby created and reserved for the use of the Clay Township Regional Waste District and, during the Development Period, for the use of Developer for access to and installation, repairt removal, replacement or maintenance of an underground storm and sanitary sewer system and related manholes at ground level. The delineation of the Utility, Drainage and 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 by or with the consent of the parties referred to above, no structures or improvements, including without limitation decks, fences, patios or walkwayst shall be erected or maintained upon said easements. 4. LANDSCAPE EASEMENTS. There are areas of ground on the Plat marked "Landscape Easements" which are hereby created and reserved (i) for the use of the Developer during the Development Period for access to and the installation, maintenance and replacement of foliage, landscapingt screening materials, entrance walls, lighting, posts, fencing, irrigation, signs and other improvements and (ii) for the use of the Association for access to and the installation, maintenance and replacement of foliage. landscaping, screening materialst entrance walls, lighting, posts, fencing, irrigation, signs and other improvements. Except as installed by Developer or installed and maintained by the Association or with the prior written consent of the Architectural Review Committee, no structure or improvements, including without limitation decks, fences, patios or walkways. shall be erected or main- 2 fB.(iqli e'stertl~ By: :INel son: &. f7 ran ken berger'~ 06\20\2002 'r :t:~; <~_I~::-t.:{~;:';, ~r. ~:. ~'::::~:j;~:::~)' :'ff f1:. :l;;}j~~~~4'~~ot 1~~1.,}11~ 'r.!{~, r;j.:~::~ ,:.~ :tj. i l:~~i::Z'~~ I r~~ 1;<1 :r /;,,~~~ :~f;~.~~i;)~~ \~r :<Il~'~~{; {~~';~~'~~II~Nf. :{"~;t'3tf. "~~~j~,r~~f.kl ~ .' tained in or upon said Landscape Easements. Areas comprising landscaped median islands located in boulevard streets near the entrances to the Subdivision, though part of the dedicated right-of-way, shall be treated by the Association for maintenance purposes as though such areas were shown on the Plat as Landscape Easements. S. NON-ACCESS EASEMENTS. There are areas of ground on the Plat marked "Non-Access Easements". Such Non-Access Easements are hereby created and reserved to prohibit vehicular access to any Lot on and over the Non-Access Easement by way of a road or driveway. 6. BUILDING LOCATION - FRONT. BACK AND SIDE YARD REQUIREMENTS. Building 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 setback lines may vary in depth in excess of the minimum as designated on the Plat. Except as otherwise shown on the Plat, the minimum front yard setback shall be twenty-five (25) feet. Except as otherwise shown on the Plat, the minimum rear yard setback shall be twenty (20) feet. The minimum side yard setback shall be five (5) feet. with a minimum aggregate distance between residences of ten (10) feet (except for building appendages not exceeding 2 1/2 feet by 6 feet in order to accommodate such items as air-conditioners, heat pumps or fireplaces). 7. RESIDENTIAL UNIT SIZE AND OTHER REOUIREMENTS. No Residence Unit constructed on a Lot shall have less than Twelve Hundred (1200) square feet of total living area, exclusive of garages, carports and open porches. Each Residence Unit shall include an attached two-car (or larger) enclosed garage. The maximum height of any Residence Unit constructed on a Lot shall be twenty-five (25) feet measured from finished grade to the underside of the eave line. 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. No building shall be erected, placed or permitted to remain on any Lot other than one detached single-family Residence Unit not to exceed two and a half (2 1/2) stories in height and permanently attached residential accessory buildings. Any garage, tool shed, storage building or any other attached building erected or used as an accessory building to a Residence Unit shall be of a permanent type of construction with a permanent foundation and shall conform to the general architecture and appearance of such Residence Unit. 9. ACCESSORY AND TEMPORARY BUILDINGS. No trailers, shacks, outhouses or detached or unenclosed storage sheds, tool sheds or accessory buildings of any kind shall be erected or situated on any Lot in the Subdivision, except those used by the Developer or by a builder during the construction of a Residence Unit, which temporary construction 3 {.qequeste.d~By:'INels~oiiJ&~Frarikenberger' 06\20\2002,~~~-.;'""\:~,t \ ~ ;\~{,.':\P:~ '.'\~}$ ,hf~~~ ~$.~W~J?:;~1i.~ ~';~~1;-~rt' "t.. :'>'?~ .<J-::~~-':) ,\~;;~.:://'!it,~,: :':~',~ ~~~', P~j. 1"i~;~;'''''Y''''' I (f",';;ry.v'''' r-- 1~\:;''l~W1'' t;:J''',<;11? t' "">{'>.,,!i!~ . . ,., " .., ,- - ~ 1 t ^ "', ~ ~, \. . ," l' "P." ." ",. ~~t ~ ":< ".f . '\".-;~~" " , J~' ,1" ~ ~ ~~, , 1,' ~?f'." ~. OJ ,~j.;:. 11'\;~:'I: ~ .' structures shall be removed upon completion of construction of the Subdivision or Residence Unit, as the case may be. 10. TEMPORARY RESIDENCE. No trailer, camper, motor hornet truckt shack, ten~ boa~ recreational vehicle, basemen~ garage or outbuilding may be used at any time as a residencet temporary or permanent; nor may any 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 nuisance to the neighborhood. 12. VEmCLE PARKING. No camper, motor home, commercial 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 repairs on a Lot unless such repairs are done in the garage. Disabled vehicles shall not be an owed 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 property for sale, and except that Developer and its affiliates and designees may use larger signs during the sale and development ofthe Subdivision. 14. MAILBOXES. All mailboxes and replacement mailboxes shall be uniform and shall conform to the standards set forth by the Architectural Review Committee. IS. GARBAGE AND REFUSE DISPOSAL. Trash and refuse disposal shall be on an individual basis, Lot by Lot. The Subdivision shall not contain dumpsters or other forms of general or common trash accumulation except to facilitate development and home 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 rubbish, garbage or other waste shall be allowed to accumulate on any Lot. No homeowner or occupant of a Lot shall bum 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 SEW AGE 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. Individual water systems installed for ancillary or auxiliary purposes shall be permitted by these restrictions if otherwise permitted by law and applicable rules and regulations 4 ~Re.questea S" : INelson '& '~rankenberger ~06\20\2002, :;JV!~:-Jf~~,;:~~(f~ r~~f~(,\l1:\ ~ ,', ~~7~) 1;,..~~.\>1( ~1"~.~:;'''::-5~', i>~t.~~t\~~~;';:~~' ~:,;1n?!::~'\~~"!];C ~,f.~,;...~:V:<_"~ j'~'~I<-}":J'<;7\~1I';~/;l,;c:1:i1:':"":'~'~~~ii';:"p,.,;~1d~~i governing the construction or use thereof; however, all proposed uses of geothermal water systems must initially receive approval from the Architectural Review Committee before being allowed to be constructed. Geothermal heat pumps shall be of the closed- loop type only. 18. DITCHES AND SWALES. All Owners 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 such drains shall be discharges directly to the ground surface. 19. DRIVEWAYS. Each driveway in the Subdivision shall be of concrete or asphalt material. 20. ANTENNA AND SATELLITE DISHES. Outdoor satellite dishes shall be permitted in the Subdivision; provided. however, that (i) the diameter of the satellite dish shall be no more than twenty-four inches (24"); (ii) only one (1) satellite dish shall be permitted on each Lot; and (iii) the Architectural Review Committee shall have first determined that the satellite dish is appropriately placed and properly screened in order to preserve property values and maintain a harmonious and compatible relationship among Residence Units 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 purpose 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 Lot and decorate the same without unreasonable hindrance or obstruction to any other Lot. All fencing used in the Subdivision must be comprised of ornamental iron type material and shall not be higher than four (4) feet. Notwithstanding the foregoing, fences higher than four (4) feet will be permitted if approved by the Architectural Review Committee so long as they are not located on Lots abutting the golf course which adjoins the Subdivision. No fencing shall extend forward of the furthest back front comer of the Residence Unit. The actual style, color, height and location of all fencing shall be generally consistent within the Subdivision and shall be subject, in each case, to prior written approval of the Architectural Review Committee. 23. SWIMMING POOLS. No above-ground swimming pools shall 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 Association or Developer, all outside lighting contained in or with respect to the Subdivision shall be of an S tRequ"ested By:\INelson"'&.f,"rahkenti'e~rge'r1.:06\20\2002 ~~~\\4~.'\Jle11 ;;,{ i'-c.~ ~':; '~: ,~;l\;j~::.\~~~/.!1~;~\.i.;f:"":'. \^.:~1~"~~ {}~~l~' ..)!~,::':;';I ~~.!i'1' :it{'~ ,~~:A'f~li-,,[>} : '/:} ~:~1~'::h':\~~~f.~~~ ,'. ~~>}:~:;< > l1j>:;~~~ ) ornamental nature compatible with the architecture of the project and shall provide for projection of light so as not to create a glare, distraction or nuisance to other property owners in the vicinity of or adjacent to the Subdivision. 26. SITE OBSTRUCTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and nine (9) feet above the street shall be placed or permitted to remain on any comer Lot within the triangular area formed by the street property lines and a line connecting points twenty-five (25) feet from the intersection of said street lines, or in the case of a rounded property comer, from the intersection of the street lines extended. The same sight-line limitations shall apply to any Lot within ten (10) feet from the intersection of a street line with the edge of a driveway pavement or alley line. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines. 27. VIOLATION. Violation or threatened violation of these covenants and restrictions shall be grounds for an action by the Developer, the Association or any person or entity having any right, title or interest in any portion of the Real Estate. and all persons or entities claiming under them, against the person or entity violating or threatening to violate any such covenants or restrictions. Available relief in any such action shall include recovery of damages for such violation, injunctive relief against any such violation or threatened violation, declaratory relief and the recovery of costs and attorneys reasonable fees incurred by any party successfully enforcing these covenants and restrictions~ provided, however, that neither the Developer nor the Association shall be liable for damages of any kind to any person for failing to enforce such covenants or restrictions. 28. CARMEL PLAN COMMISSION. The Carmel Plan Commission, its successors and assigns shall have no right, power or authority to enforce any covenants, restrictions or other limitations contained herein other than those covenants, restrictions or limitations that expressly run in favor of the Carmel Plan Commission; provided that nothing herein shall be construed to prevent the Carmel Plan Commission from enforcing any provisions of the Subdivision Control Ordinance, as amended, or any conditions attached to the Plan Commission's approval of the Plat. 29. .t\MENDMENT. These covenants and restrictions may be amended at any time by the then owners of at least sixty-seven percent (67%) of the Lots in all Subdivisions which are now or hereafter made subject to and annexed to the Declaration; provided, however, that until all of the Lots in such Subdivisions 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 6 meqITeste'a:8 . ::INelson &1 Frankenberger~ :~06\20\2002/f}~:;t,";~:';7q;@[~ ";" :;.:irl"~r~t~~11~~,:.:~:(",{~~~r:);!i~ ~:~tji'Y~.Lt"f:l*r~xfl~ .~'/;"~~ &,:I~~W#i~i.$r',.~{{ff ,~:.t~f~~)~.;,t'" ~~~s :A.:f,,: fr~(~>"J) t~~,/zf:- ~,~/}~ ;;d~~'~g,~,!~ " of a public utility shall be effective with respect to such public utility without its written consent thereto. 30. TERM. The foregoing 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 any portion of the Real Estate and on all persons or entities claiming under them, until December 31, 2015, and thereafter they shall continue automatically in effect unless terminated by a vote of a majority of the then Owners of the Lots contained in all Subdivisions which are then subject to the Declaration; provided, however, that no termination of said 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. 31. SEVERABn...ITY. 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 \ ou., day of July, 1997 Davis Homes, LLC, By: Davis Holding Corporation By: ~. .P&/~ hristo~iie Vice President 7 .. .o.... I, I II '"; STATE OF INDIANA ) )SS: COUNTY OF MARION ) Before me, a Notary Public in and for the State of Indiana, personally appeared Christopher R. White, the Vice President of Davis Holding Corporation, 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 ofJuly, 1997. My conunission expires: y. 2.'-00 I am a resident of \-In wU. \.\01 County, Indiana. This instrument was prepared by Ronald F. Shady Jr., Vice President of Davis Holding Corporation, 3755 East 82nd Street, Suite 120, Indianapolis, Indiana 46240. 8 ... .. .. ,- I. t II Exhibit <<A" LAND DESCRIPTION Port of the Southwest Quarter of Section 8. Township 17 North. Range .3 Eost in HamUton County. Indiana, being described os follows; Commencing at a P.K. nail, 3 inches down at the southwest comer of the southwest quarter of said section; thence on an assumed bearing of North 00 degrees 00 minutes 46 seconds East along the west line thereof 0 distance of 1056.13 feet to the Beginning Point; thence North 74 degrees 28 minutes 05 seconds East 0 distance of 835.77 feet; thence North 13 degrees 09 minutes 28 seconds West 0 distance of 20.02 feet; thence North 74 degrees 28 minutes 05 seconds East 0 distance of 9.01 feet; thence North 13 degrees 09 minutes 28 seconds West 0 distance of 112.87 feet to a curve hoWl! a radius of 225.00 feet. the radius point of which b8(]l's North 15 degrees 24 minutes J6 seconds West; thence easterly along said curve on orc distance of 5.17 feet to a point which bears South 16 degrees 43 minutes 38 seconds East from said radius point; thence North 16 degrees 43 minutes 38 seconds West a distance of 154.86 feet; thence North 49 degrees 32 minutes 51 seconds East 0 distance of 41.93 feet; thence North 40 degrees 27 minutes 09 seeonds West a distance of 66.15 feet; thence North 55 de9rees 44 minutes 07 seconds West a distance of 51.98 feet; thence North 59 de9rees 42 mlnules 46 seconds West a distance of 50.44 feel; thence North 25 degrees 00 minutes 53 seconds East 0 distance of 166.00 feet to a cur.,.., having a radius of 425.00 feet. the radius point of which bears South 25 degrees 00 minutes 53 seconds West; thence wester1y along said curve an ore distance of 66.16 feet to a point which bears North 16 d8C7ees 05 minutes 42 seconds East from BOid radius point; thence North 09 degrees 33 minutes 41 seconds East a distance of 31.97 feet; thence North 87 degrees 31 minutes 52 seconds West a distonce of 129.31 feet to the southeast corner of Shelborne Greene Section 4. a subdi-Mion in HamBten County. Indiana, the plat of which is recorded as Instrument Number 9560990 in the Office of the Recorder of said Hamnon County. Indiana ( the next ei9ht descri)ed courses being along the souther1y line thereof); thence South 55 degrees 12 minutes 52 secends Wesl 0 distance of 15.65 feel; thence South 10 degrees 55 minutes 52 seconds West Q distance of 97.55 feel: thence South 19 dec1ees 08 minutes 10 seconds West 0 distance of 206.28 feet; thence South 08 degrees 01 minules 16 seconds East 0 distance of 109.25 feet; thence South 76 degrees 50 minutes 32 seconds West 0 distance of 160.00 feel; thence South 13 de9rees 09 minutes 26 seconds East a distance of 19.27 feet; thence South 16 degrees 50 minutes 32 seconds Wesl a distance of 118.41 feet; thence North 89 degrees 59 minutes 14 seconds West 0 distance of 20.00 feet lo the East Une of 0 tract of land described in a deed to Chldress recorded in Deed Record 256. Page 213 in the Offlt8 of the Recorder of Homilton Count)', Indiana (the nexl two (2) descn"bed courses being along the East and South Unea of said tract. of land); thence South 00 degrees 00 minutes 46 seconds West. parallel with the West line of the Southwest Quarter of said Section a. 0 distance of 115.71 feet; thence South 88 de9rees 51 minutes 46 seconds West Q distance of 160.03 feet to the West Line of the Southwest Quarter of soid Section 8; thence South 00 degrees 00 mlnules 46 seconds Wesl along said wesl line 0 dislance of 239.91 'eel lo the Begiming Point. Containing 7.198 acres, more or less.