HomeMy WebLinkAboutCovenants - Recorded
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DECLARATION OF COVENANTS, EASEMENTS AND RESTRICTIONS
FOR SADDLE BROOK AT SHELBORNE SUBDMSION
TillS DECLARATION OF COVENANTS, EASEMENTS AND RESTRICTIONS FOR
SADDLEBROOK AT SHELBORNE SUBDIVISION ("Declaration"), made this
;t",J day of Deu........b <-t" , 2005 by LEEDS, LLC, an Indiana limited liability
company (hereinafter referred to as "Declarant"),
WITNESSETH THAT:
WHEREAS, the Declarant is the owner in fee simple of certain real estate
located in Hamilton County, Indiana, more particularly described in the Exhibit A,
attached hereto and made a pat hereof ("Real Estate"); and,
WHEREAS, the Declarant is developing the Real Estate as a residential
subdivision consisting of detached, one family dwellings located on separate lots, to be
known as "Saddlebrook at Shelbome" (hereinafter referred to as the "Subdivision"),
which shall be platted by Declarant; and,
WHEREAS, Declarant desire to subject the Real Estate to certain covenants in
order to provide appropriate easements and restrictions with respect to the use and
enjoyment of common area and lakes in the Subdivision and to ensure that the
development and use of the various lots in the Subdivision are harmonious with and do
not adversely affect the value of any other lots in the Subdivision; and
WHEREAS, the Declarant desire to provide for the maintenance and repair of
the Common Property (as herein defmed) located or to be located in the Subdivision,
which is of cornmon benefit to the owners of the various lots withi!l said Subdivision,
and to that end desires to establish certain obligations on said owners and a system of
assessments and charges upon said owners for certain maintenance and other costs in
connection with the operation of the Subdivision;
NOW, THEREFORE, the Declarant impose upon the Real Estate the following
covenants, which shall run with the Real Estate and be binding upon Declarant and upon
all successors to and assigns of all or any part of Declaranrs interest in the Real Estate:
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ARTICLE XI.
Private Amenities and Services
The Water System, Drainage System, the Sewage System, Common Area and the
Common Property shall be owned and maintained by the Association so long as this
Declaration remains in force. However, aU streets, sidewalks, pathways, and storm sewer
lines and easements thereto shown on the Plat are hereby dedicated to the City of
Carmel, Indiana, its successors and assigns. Furthermore, sanitary sewer and water lines
and easements thereto as shown on the Plat are hereby dedicated to the Clay Township
Regional Waste District, its successors and assigns. In the event of any termination of
this Declaration and/or any dissolution of the Association, the Association shall convey
the Common Area and the Common Property to a successor organization having similar
purposes and powers as the Association, or it shall use its best efforts to dedicate the
Common Area and Common Property to the appropriate public agencies or utilities
which normally hold and/or administer such property. If such dedication or conveyance
is not possible, such property shall be disposed of as determined by the Circuit Court of
Hamilton County, Indiana, consistent with the purposes set forth in this Declaration. In
the event of the termination or dissolution of the Association, the right, but not the
obligation, of enforcement of the covenants, restrictions, tenns, provisions, and
conditions of this Declaration is hereby granted to the City of Cannel Planning
Commission, its successors and assigns.
ARTICLE xn.
Recreation Area
The Common Area designated by the Declarant including any ponds shown on
the plat (hereinafter referred to as "Recreation Area") are used for the recreation, leisure,
and aesthetic pleasure of only the Owner of each Lot in the Subdivision, the tenants of
each Owner, the members of the Owner's or tenant's household living with them and the
guests of the Owner or the Owner's tenant. Consequently, the Association shall have the
authority to make such rules and regulations it deems appropriate for the preservation,
welfare, and maintenance of the Recreation Area; provided, however, notwithstanding
the right of amendment of this Declaration set forth in Article vm, Section 3, above, at
no time shall the Association or the Owner alter the rule that the use of such Recreational
Area for recreational, leisure, or fishing purposes shall be limited to the Owner of each
Lot in the Subdivision, the tenants of each Owner, the members of the Owner's or
tenant's household living with them and the guests of the Owner or the Owner's tenant,
the members of their households living with them and their guests. Costs and expenses
necessary for the maintenance, repair, dredging, fish stocking, and welfare of the
Recreation Area shall be part of the Common Expenses.
ARTICLE XIII.
General Provisions
Section 1. Covenants Run With the Land. Subject to Article X above, the
covenants created by this Declaration shall attach and run with the Real Estate and shall
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