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HomeMy WebLinkAboutDeclaration of Covenants, Conditions & Restrictions (2) ,. ;'""~/' ----to.ef80ei9"0Tg(jEC[~tfATIO $4t-:-00~ 02/25/2008 03:22:39P 14 PGS Jennifer J Havden HAMILTON Counly Recorder IN Recorded as Presenled Execution Copy DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ROSADO HILL THIS DECLARATION is made this 25th day of February, 2008, by BSC II, LLC, an Indiana limited liability company (the "Developer"). Recitals 1. The Developer owns the real estate described in ExhibH A attached hereto and made a part hereof (the "Real Estate"). The Developer acquired title to the Real Estate pursuant to two deeds, each dated September 22, 2006. The deeds were recorded in the Office of the Recorder of Hamilton County, Indiana, on November 30, 2006, as Instrument Nos. 200600070985 and 200600070986. 2. The Developer has subdivided the Real Estate into residential lots as generally shown on the Plat for "Rosado Hill," as recorded in the Office of the Recorder of Hamilton County, Indiana, on February 25, 2008, as Instrument No. Z.OO~(jC '1 ()J 7 (as amended or supplemented from time to time, the "Plat"). 3. The Developer desires to enhance the value of the Real Estate for the benefit of its current and future owners by subjecting it to the covenants, conditions, rights, restrictions, easements, liens, tenns and provisions set forth in this Declaration (collectively, the "Covenants"). Declaration NOW, THEREFORE, the Developer hereby declares that the Real Estate is and shall be held, transferred, sold, conveyed, encumbered, leased, rented, used," improved and occupied subject to the Covenants, each of which shall run with the land and be binding upon, and inure to the benefit of, the Developer and any other person or entity hereafter acquiring or having any right, title or interest in the Real Estate or any part thereof. BDDB014508150v7 ~ IrtCfJ!iJ M4Y ;:? " flJ /).1/18 VCS /I ARTICLE I NAME The name by which the Real Estate shall be known is "Rosado Hill." ARTICLE II DEFINITIONS For purposes of this Declaration, the following terms shall have the meanings specified below. Other terms are defined elsewhere in this Declaration. 2.1. Association" means Rosado Hill Homeowners Association, Inc., an Indiana nonprofit corporation, and its successors and assigns. 2.2. "Board" means the Board of Directors of the Association. 2.3. "Board Approval" means approval by the Board in accordance with the Articles ofIncorporation and By-Laws ofthe Association. 2.4. "Common Area" means all parts of the Real Estate (and improvements thereto) other than Lots and other than parts, if any, dedicated to the public. 2.5. "Drainage Easement" means any area designated on the Plat as a Drainage Easement. 2.6. "Guest" means any person using or occupying a Lot or other part ofthe Real Estate by pennission or authorization, express or implied, of an Owner, including without limitation guests, invitees, tenants and Mortgagees. 2.7. "Ingress/Egress Easements" means any area designated on the Plat as an Ingress/Egress Easement. 2.8. "Lot" means any numbered parcel ofland designated on the Plat as a Lot. 2.9. "Member" means a member of the Association. 2.10. "Member Approval" means the unanimous approval of the Members of the Association in accordance with the Articles ofIncorporation and By-Laws of the Association. 2.11. "Mortgagee" means the holder of a recorded first mortgage lien on any Lot. 2.12. "Owner" means each record owner, whether one or more persons or entities, of fee-simple title to any Lot, but excluding those having such interest merely as security for the performance of an obligation unless specifically indicated to the contrary. -2- BDOBOI 4508 I 50v7 2.13. "Utility" means sewer, water, e1ectlicity, natural gas, telephone and other communications services (including cable television and internet access) and the like. 2.14. "Utility Easement" means any area designated on the Plat as a Utility Easement. ARTICLE III APPLICATION OF COVENANTS All of the Owners and Guests shall be subject to the Covenants and to the rights, powers and authority of the Association as set forth herein, and by the act of acquiring an interest in a Lot or using any Connnon Area, they shall be deemed conclusively, for themselves and their heirs, successors and assigns, to have accepted, consented and agreed to such Covenants, rights, powers and authority. ARTICLE IV EASEMENTS 4.1. Common Areas. The Developer hereby declares, creates and grants a non-exclusive easement in favor of each Owner for the use and enjoyment of the Common Areas, which easement shall run with and be appurtenant to each Lot, subject to (i) the right of the Association, with Member Approval, to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be set f01ih in the instrument of dedication or transfer; (ii) the temIS and provisions of this Declaration; and (iii) the easements reserved elsewhere in this Declaration and in the Plat. Any Owner may delegate to his Guests, in accordance with the By-Laws of the Association and any reasonable rules and regulations promulgated from time to time by the Association, his right of enjoyment of the Common Areas. The DeveLoper shall convey to the Association aU of its right, title and interest in and to the Common Areas, free and clear of all encumbrances (other than the lien of nondelinquent real estate taxes). 4.2. Utility Easements. The Developer hereby declares, creates and reserves the Utility Easements for the use of Utility providers, govenunental agencies and the Association, for access, installation, maintenance, repair and removal of and to all UtiLity equipment and facilities. No permanent structures, except walks or driveways, shall be erected or maintained upon the Utility Easements except as set forth herein. 4.3. Drainage Easements. The Developer hereby declares, creates and reserves the Drainage Easements (i) for the use of the Association and any govenunental agency having jurisdiction thereover, for access, installation, maintenance, repair and removal of and to a surface or underground drainage system for the Real Estate and adjoining property, and (ii) for use by the owners of adjoining property for purposes of providing drainage for such adjoining property pursuant to the terms of recorded easements. Each Owner of a Lot subj eet to a Drainage Easement shall keep the portion of the Drainage Easement 011 his Lot free from obstmctions so that the -3- BODBDI 4508150v7 surface water drainage will be unimpeded. No permanent structures, except walks or driveways to the extent permitted by applicable laws, shall be erected or maintained upon the Drainage Easements except as set forth herein. 4.4. Ingress/Egress Easements. The Developer hereby declares, creates and reserves the Ingress/Egress Easements for the use of the Owners and their Guests for vehicular and pedestrian access to the Lots and for the temporary parking of vehicles. No pem1anent structure, except walks and driveways to the extent permitted by applicable laws, shall be erected or maintained upon the Ingress/Egress Easements except as set forth herein. 4.5. Access Easement. The Developer hereby declares, creates and reserves an access easement over and across the entirety of the Real Estate for access to the Utility and Drainage Easements by the Association, governmental agencies withjutisdiction thereover and, in the case of Utility Easements, Utility providers. The beneficiaries of the access easement shall exercise it only as necessary and, in doing so, shall use due care to minimize disruption to the Owners. The access easement shall not extend to portions of the Real Estate occupied by a building or improvement (or foundations therefor). ARTICLE V USE RESTRICTIONS 5.1. Residential Use On Iv. The Lots shall be used exclusively for single-family residential purposes, except that the home occupations pennitted in the Zoning Ordinance of the City of Carmel, Hamilton County, Indiana, may be conducted on a Lot. 5.2. Building and Setback Lines. Structures (excluding walks and driveways) shall not be erected behveen the Lot lines and the building lines established by the Plat or in violation of any setback lines established by the Plat or any applicable zoning ordinance. If a building is to be constmcted on contiguous Lots, this restriction shall appLy to the outside boundary of the Lots. 5.3. Subdivision of Lots. No Lot shall hereafter be subdivided into parcels for additional residential purposes. 5.4. Buildings. One single-family home that is affixed to a permanent foundation may be constructed on each Lot. Storage sheds, gazebos and other non-residential structures may be constructed or placed on a Lot only with Board Approval. Additional residential structures (including trailers, mobile homes and the like) may be constmcted or placed on a Lot only with Member Approval. 5.5. Motor Vehicle Repair. The repair or storage of inoperative motor vehicles and the material alteration of motor vehicles shall not be pennitted on any Lot, unless entirely within a garage permitted to be constructed by these covenants, conditions and restrictions. No -4- BDDBOl 4508150v7 Owner or Guest shall repair or store any inoperative motor vehicle or make any material alteration of any motor vehicle in or on any Common Area or public street that abuts a Lot. 5.6. Vehicle Storage. No camper, motor home, semi-truck or cab, trailer, recreational vehicle or boat of any kind may be stored 011 any Lot in open pubLic view.. Cars, trucks and other motor vehicles shall be parked in garages or on driveways; provided that visitors shall be permitted to park temporarily on a paved surface in a Common Area, Ingress/Egress Easement or public street. 5.7. Satellite Dishes. Any satellite dishes shall be affixed to the primary residential structure and shall not exceed eighteen (18) inches in diameter. 5.8. Nuisances. No noxious, unlawful or otherwise offensive trade or activity shall be carried on upon any Lot. Owners and Guests shall not create or permit anything to be done on their Lots or the Common Areas that reasonably could constitute an milloyance or nuisance to the other Owners and Guests (such as persistent loud dog barking; persistent loud music; or persistent Iidillg of mini-bikes, all-tenain vehicles or other off-road recreational vehicles). 5.9. Garbage and Refuse Disposal. Owners and Guests shall not dump any trash, waste, refuse or other objectionable matter upon any Lot, Common Area, easement or street within the Real Estate. All trash, garbage and refuse stored on any Lot shall at all times be stored in covered sanitary receptacles. There shall be no burning oftrash and no open fires, except fires in a grill or fire ring. 5.10. Weeds and Vegetation. Owners shall keep their Lots reasonably clear from unsightly weeds and growth at all times. 5.11. Exterior Lighting. No exteIior lighting shall be directed outside the boundaries of any Lot, nor shall any lighting be used that constitutes more than normal convenience lighting, in either case without Member ApprovaL 5.12. Laundry. The use of outdoor drying apparatus (such as clotheslines) for drying laundry shall not be pennitted in open view of other Owners, neighbors or the public, except with Member Approval. 5.13. Animals. No animals, livestock or poultry shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept so long as they are not vicious (i.e., they must not pose a threat to any person or neighbor's pet), do not create a nuisance (such as persistent loud barking) and are not kept, bred or maintained for any commercial purpose. 5.14. Completion of Dwellings. Unless a delay is caused by strikes, war, court inj unction or acts of God, the exterior of any dwelling or structure built on any Lot, or the exterior of any addition or improvement to the existing structure, shall be completed within eighteen (18) months after the date of commencement of the building process. ~5- BDDB014508150v7 5.15. Drivewavs. All driveways shall be paved with either asphalt or concrete (or any other material with Board Approval) simultaneously with the construction of a residence thereon or as soon as weather permits if weather conditions make paving impractical at the time of construction of the residence. 5.16. Compliance with Drainage Requirements. Each Owner shall comply at all times with the provisions of any drainage plan as approved for the Plat by any governmental agency having jurisdiction thereover and the requirements of all drainage permits for the Plat issued by any such agency. 5.17. Fencing. All fencing (including its style, color, height and placement) shall be subject to Board Approval; provided that any fencing that would abut a Common Area or another Lot or that would be higher than four feet shall be subject to Member Approval. 5.18. Leasing. No Lot or structure thereon shall be leased, rented or subleased in whole or in part by any Owner, except that the entire Lot and dwelling thereon may be leased by the Owner if the lease tenn (excluding renewal and option periods) is at least one year and the form and content of the lease agreement has been approved by the Board. 5.19. Signs. Signs shall not be erected or displayed on any Lot, except that when an Owner is offering his Lot for sale, he shall be pennitted to display on his Lot or in a Common Area, in either case in a location visible to a public street, a single ItFor Sale" sign of standard dimension. ARTICLE VI ASSOCIATION 6.1. Responsibilities. The Association shall: (a) administer and enforce the covenants, conditions and restrictions contained in this Declaration; (b) maintain and repair (i) the Common Areas, including any structures, improvements, driveways, lighting, landscaping, security equipment, fences and the like located thereon, (ii) the Ingress/Egress Easements, including any driveways, lighting, landscaping, security equipment, fences and the like located thereon, (iii) the Drainage Easements, and (iv) the Utility and sewer equipment and facilities located on or under any portion of the Real Estate, to the extent (and only to the extent) that such equipment and facilities serve the entire Real Estate (as opposed to an individual Lot only) and are not dedicated to the public or required to be maintained and repaired by a governmental agency; (c) levy and collect from the Owners the assessments authorized in this Declaration; -6- BDDBOl4508150v7 (d) invest funds of the Association in short-term, liquid securities; (e) pay all taxes, charges and assessments levied by any governmental authority against the Common Areas; (f) obtain and maintain the policies of insurance required to be maintained by the Association in this Declaration; and (g) otherwise promote the health, safety and welfare of the residents occupying the Real Estate. 6.2. Members. (a) Each Owner shall be a Member for so long as he remains an Owner. (b) Each Member shall have one vote for each Lot that he owns; however, if a Lot is jointly owned by more than one person or entity, then (i) each joint Owner shall be a Member, but the joint Owners collectively shall have a single indivisible vote, and (ii) any reference herein to approval by a specified number, percentage or proportion of the Members shall be construed to mean approval by the specified number, percentage or proportion of the votes entitled to be cast by the Members. For example, if a proposal requires unanimous approval ofthe Members and one of the Lots is jointly owned by several persons, then those persons collectively shall have a single vote (which shall not be divided into fractional votes) and the proposal shall be approved ifthat vote (along with the votes of the other Members) is cast in favor ofthe proposal even if one or more of such persons individually opposes the proposal. 6.3. Directors and Officers. The business and affairs ofthe Association shall be managed by the Board. No director shall receive compensation for his services as director. The directors and officers shall not be liable to the Owners, Members or any other persons for any error or mistake of judgment in carrying out their duties and responsibllities, except for their own individual willful misconduct, bad faith or gross negligence. 6.4. Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree as follows: (a) The Association shall have the power and authority to levy against and collect from the Owners both annual and special assessments as and to the extent authorized by this Section 6.4 for the purpose of providing funds for the fulfillment of the responsibilities of the Association as set forth in Section 6.1. All assessments shall be levied at a uniform rate against all Lots and may be collected on a monthly, quarterly or annual basis, as determined by the Board. -7- BDDBO! 4508150v7 (b) For 2008 and 2009, all assessments, whether armual or special, shall require Member Approval. (c) Before January 1,2010, the Board shallprepare a 2010 budget consisting of the proposed (i) ordinary costs and expenses of fulfilling the Association's responsibilities during the year and (ii) contributions to a reserve fund to provide for the payment of capital expenditures and major repair and replacement projects that are expected to have useful lives of more than one year. The total of such costs, expenses and contributions shall be the proposed aggregate annual assessment for 2010. The 2010 budget and proposed aggregate annual assessment shall be submitted for Member Approval. If they are approved, then the aggregate annual assessment shall be allocated pro rata to each Lot and such pro rata amount shall be levied against and collected from the Owners. If they are not approved, then the Board shall prepare a revised budget and proposed aggregate annual assessment and submit them for Member Approval. If necessary, this process shall be repeated until a budget and aggregate annual assessment receive Member ApprovaL Ifthe Board fails to take any action called for by this Section 6.4(c) on a timely basis, then the Board shall remedy such failure as soon as possible and, upon receipt of Member Approval, the annual assessments for 2010 shall be levied and collected, and any monthly, quarterly or annual payments that were not previously collected shall be made up. (d) For each year after 2010, the annual assessment per Lot shall be detetmined by the Board, but shall not exceed the prior year's annual assessment by more than 10% unless a larger increase is authorized by Member Approval. in determining the. amount of each annual assessment, the Association shall endeavor not to accumulate funds substantially in excess of the sum of (i) the amount of ordinary costs and expenses required to fulfill the Association's responsibilities during the current year plus (ii) the amount necessary to maintain a prudent reserve fund to cover anticipated capital expenditures and major repair and replacement projects. The Board shall detennine the annual assessment and notify the Owners thereof at least 30 days prior to the start of the year; however, if the Board fails to do so, then the Owners shall continue to pay annual assessments in the amount applicable to the prior year until such time as the new assessment is determined by the Board and, if necessary, authOlized by Member Approval. (e) The Association shall have the power and authority to levy against, and collect from, the Owners special assessments either (i) without Member Approval, to the extent necessary, in the good faith judgment of the Board, to cover extraordinary repair and replacement costs necessitated by damage due to stonns, fire or other casualties or to cover unanticipated capital expenditures urgently required to protect the health, safety and welfare of the residents occupying the Real Estate; or (ii) with Member Approval, for any other purpose. -8- BDOBOl4508150v7 (f) If any meeting of Members is called to seek approval of a budget or assessment pursuant to this Section 6.4, written notice of the meeting, specifying the date, time, place and purpose(s) thereof, shall be given to each Member at least 30, but not more than 60, days prior to the meeting. Such notice shall be delivered either (i) in person, (ii) by U.S. postal service mail or comparable delivery service (e.g., FedEx) to the Lot address (or to the Member's actual residence address if the Member does not reside on the Lot and has provided his actual residence address to the Association), or (iii) by any other reasonable means (including email or other form of electronic communication) that results in actual receipt that is confirmed or acknowledged by the Member. (g) All assessments, both annual and special, properly established and levied hereunder, shall constitute (i) a charge on the land and a continuing lien upon the Lot against which they are levied, and (ii) the personal obligation of the Owner of the Lot as of the assessment date, provided that the personal obligation shall not bind a successor Owner unless expressly assumed by him. Any assessment not paid within 30 days after its due date shall be deemed delinquent and shall bear interest at the rate of 12% per annum. In addition, the Owner liable for a delinquent assessment shall be liable also for the Association's costs of collection, including reasonable attomeys' fees. All interest, costs and fees related to delinquent assessments shall have the status stated in the first sentence of this Section 6.4(g). In the case of any delinquent assessment, the Association may bring an action at law againsUhe Owner personally obligated to pay the same to recover a money judgment, which may be enforced by imposition of a lien and foreclosure of such lien against such Owner's Lot in the tnalmer that mechanic's liens are imposed and foreclosed in Indiana. Any lien imposed hereunder shall be perfected upon the filing in the Office of the Recorder of Hamilton County, Indiana, at any time after the date payment is due, a notice of the intention to hold a lien in the same manner that a notice of intention to hold a mechanic's lien is filed in Indiana. Any such lien shall be subordinate to the lien of any mortgage on the Lot. Sale or transfer of any Lot shall not affect the lien of the assessments provided for herein; however, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien as to payments that became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. (h) The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. -9- BDDBOI 4508150v7 ARTICLE VII MORTGAGES 7.1. Notice to Association. Any Mortgagee who places a first mortgage lien upon a Lot may notify the Secretary of the Association of the existence of such mortgage and provide the name and address of such Mortgagee. A record of such 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 such Mortgagee at the address shown in such record at the time provided. Unless notification of any such Mortgage and the name and address of Mortgagee are fumished to the Secretary as herein provided, no notice to any M0l1gagee as may be otherwise required by this Declaration, the By- Laws of the Association or othenvise 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 cOlU1ection with the mortgage, or otherwise. 7.2. Notice to Mortgagees. The Association, upon request, shall provide to any Mortgagee a written certificate or notice specifying defaults known to the Association, if any, of the Owner of the corresponding Lot in the performance of such Owner's obligations under this Declaration or any other applicable documents. ARTICLE VIII INSURANCE 8.1. Casualty Insurance. The Association shall purchase and maintain fire and extended coverage insurance in an amount equal to the 11111 replacement cost of all improvements, if any, owned by the Association or which the Association is required to maintain hereunder. If the Association can obtain such coverage for a reasonable amount, it shall also obtain "all risk coverage." Such insurance policy shall name the Association as the insured. Such insurance policy or policies shall contain provisions that (i) the insurer 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, and all Owners and their respective agents and guests and (ii) waives any defenses based on invalidity arising from the acts of the insured. Insurance proceeds shall be used by the Association for 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 shall deem appropriate from time to time, but in any event with a minimum combined limit of One Million Dollars ($1,000,000) per occurrence. Such comprehensive public liability insurance shall cover all of the Common Areas and Easement areas and shall insure the Association, its Board of Directors, officers, agents and employees, any committee oftlle Association or of the Board, all persons acting or who may come to act as agents or employees of any ofthe foregoing with respect to the Real Estate, all Owners and all other persons entitled to occupy any Lot. Such public -10- BDDBOl 4508150v7 liability insurance policy shall include a "severability of interest" clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or other Owners. 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 workmen's compensation and occupational disease insurance, and such other insurance as the Board shall from time to time deem necessary, advisable or appropriate. AR TICLE IX AMENDMENT 9.1. Bv the Association. Except as othen.:vise provided in this Declaration or by applicable statute, amendments to this Declaration shall be proposed and adopted in the following manner: (a) Notice. Notice of the subject matter of any proposed amendment shall be included in the notice of the meeting at which the proposed amendment is to be considered. In the event any Lot is subject to a first mortgage, the Mortgagee shall be notified ofthe meeting and the proposed amendment in the same manner as an Ow'ner if the MOltgagee has given prior notice of its mortgage interest to the Board in accordance with Section 7.1. (b) Proposal. Any amendment may be proposed by the Board or by Members having in the aggregate at least a majority of the votes entitled to be cast by the Members. ( c) Approval. A proposed amendment shall become effective onl y if it receives Member Approval. 9.2. Recording. Each amendment to this Declaration shall be executed by the President or Vice President and Secretary ofthe Association. All amendments shall be recorded in the Office of the Recorder of Hamilton County, b1diana, and no amendment shall become effective until so recorded. ARTICLE X GENERAL PROVISIONS 10.1. Right of Enforcement. The Covenants may be enforced by the Developer, the Association and the Owners, but they shall have no liability for failure to enforce them. b1 any action to enforce any of the Covenants, the Developer, the Association or the Owner bringing the action shall be entitled to equitable remedies (including specific performance) in addition to damages and all other remedies available at law. b1 any action or proceeding to enforce any of the provisions ofthis Declaration or to recover for any violation of the Covenants, the prevailing party -11- BDDBOl4508150v7 or parties in such action or proceeding, as determined by the court or arbitrator in a final judgment, award or decree, as the case may be, shall be entitled to recover from the non-prevailing party or parties all costs and expenses (including reasonable attomeys' fees) incurred in connection with such action or proceeding (including, without limitation, costs, expenses and fees on any appeals). 10.2. Govemment Enforcement. The Cannel Plan Commission, its successors and assigns, shall have no right, power or authority, to enforce any covenants, conditions, restrictions or other limitations contained in any Plat of all or any part of the Real Estate or in this Declaration. 10.3. Delav or Failure to Enforce. No delay or failure on the part of any aggrieved party to invoke any available remedy with respect to any violation or threatened violation of any covenants, conditions or restrictions enumerated in this Declaration or in any Plat of all or any part of the Real Estate shall be held to be a waiver by that party (or an estoppel of that pa11y to assert) of any right available to him upon the OCCUlTence, recunence or continuance of such violation or violations of such covenants, conditions or restrictions. lOA. Duration. These covenants, conditions a11d restrictions and all other provisions of this Declaration (as the same may be amended from time to time as herein provided) shall run with the land and shall be binding on all parties, entities and persons from time to time having any right, title or interest in the Real Estate, or any part thereof, and on all persons claiming under them, until January 1, 2060, and thereafter shall be automatically be extended for successive periods of ten (10) years each, unless prior to the commencement of any such extension period, by vote of the majority ofthe Members, it is agreed that this Declaration shall be tenninated in its entirety; provided, however, that no termination of this Declaration shall affect any easement hereby created and reserved unless all persons entitled to the beneficial use of such easement shall consent thereto. 10.5. Severability. Invalidation of any of the covenants, conditions or restrictions contained in this Declaration by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 10.6. Titles. The underlined titles preceding the various paragraphs and subparagraphs of this Declaration are for the convenience of reference only, and none of them shall be used as an aid to the construction of any provisions of this Declaration. Wherever and whenever applicable, the singular fOlm of any word shall be taken to mean or apply to the plural, and the masculine fonn shall be taken to mean or apply to the feminine or to the neuter. 10.7. Applicable Law. This Declaration shall be governed, interpreted, construed and regulated by the laws of the State of Indiana. -12- BDDBOl4508150v7 IN WITNESS WHEREOF, this Declaration has been executed by the Developer as of the date first above written. STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State ofIndiana, personally appeared Daniel L. Boeglin, a member ofBSC II, LLC, an Indiana limited liability company, who acknowledged the execution of the foregoing Declaration of Covenants, Conditions and Restrictions of Rosado Hill in such capacity. WITNESS my hand and Notarial Seal this 25th day of February, 2008. ../>-,.~..~,:>-,. . J:~(/ . <,/>. " t''"";-: ,'.-,., I: - ,. . ., -. i~ ".. : -;;" ~ . : ... >> }vr:y.c.omrii:is.sibn expires: June 9, 2009 "'I.~nJ,~:"re6ident of HamiIton County, Indiana. This instrument was prepared by Daniel L. Boeglin, Baker & Daniels, LLP, 600 East 96th Street, Indianapolis, Indiana 46240. -13- BDDBOl 4508150v7 EXHIBIT A Legal Description of Real Estate Part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Begim1ing on the West line of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, said point being 330.0 feet South of the Northwest comer of said Quarter Section; running thence East and parallel with the North line of said Quarter Section, a distance of 660.00 feet to a point; running thence South and paraIJel with the West line of said Quarter Section, a distance of 330.00 feet to a point; running thence West and parallel with the North line of said Quarter Section, a distance of 660.00 feet to a point, said point being on the West line of said Quarter Section; running thence North on and along the West line of said Quarter Section, a distance of330.0 feet to the point of beginning. Containing 5.0 acres, more or less. AND Part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana; thence North 89 degrees 29 minutes 30 seconds East (assumed bearing) on the North line of said Northwest Quarter 370.00 feet to the Point of BegiIming of the herein described real estate, said point also being the Northeast comer of Parcel #4A of the real estate described in Instrument No. 2003-95828 in the Office ofthe Recorder of Hamilton County, Indiana; thence continuing North 89 degrees 29 minutes 30 seconds East on said NOlih line 290.00 feet to the Northeast comer of the real estate described in Instrument No. 97-26733 in said Recorder's Office; thence the following three calls on the perimeter of said real estate: 1.) South 00 degrees 16 minutes 18 seconds West parallel with the West line of said Northwest Quatier 330.00 feet; 2.) South 89 degrees 29 minutes 30 seconds \Vest parallel with said North line 660.00 feet to a point on said West line; 3.) N011h 00 degrees 16 minutes 18 seconds East on said West line 45.65 feet to the Southwest corner of Parcel #4 of the real estate described in said Instrument No. 2003-95828; thence the following three calls on the perimeter of said Parcel #4: 1.) North 87 degrees 55 minutes 04 seconds East 33.70 feet; 2.) North 06 degrees 41 minutes 59 seconds East 145.76 feet; 3.) North 00 degrees Hi minutes 18 seconds East 13.80 feet to a point on the South line of the real estate described in Instrument No. 2004-] 256 in said Recorder's Office; thence the following two calls on the perimeter of said real estate: 1.) North 89 degrees 29 minutes 29 seconds East 171.70 feet; 2.) North 00 degrees 30 minutes 30 seconds West 79.99 feet toa point on the South line of said Parcel #4A; thence the following two calls on the perimeter of said Parcel #4A: 1.) North 89 degrees 29 minutes 30 seconds East 150.00 feet; 2.) North 00 degrees 30 minutes 30 seconds West 45.00 feet to the Point of Beginning. Containing 4.06 acres, more or less. BDDBOl4508150v7