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DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
OF LONG BRANCH ESTATES
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THIS DECLARATION (hereafter "Declaration"), made this 7~'lday of ~ 9 !wt , ~ , 2001,
by NORTHSIDE INVESTMENTS, LLC (hereafter "Declarant");
WITNESSETH:
WHEREAS, Declarant is the owner of certain real estate, located in Hamilton County, Indiana,
which is more particularly described in what is attached hereto and incorporated herein by reference as
Exhibit "A" (hereafter "Real Estate"), upon which a residential subdivision kno)vn as LongBrrnich Estates
(hereafter "Development") will be developed;
WHEREAS, the real estate described in what is attached hereto and incorporated herein by reference
as Exhibit "B" shall hereafter be referred to as the "Additional Real Estate":
WHEREAS, Declarant desires to subdivide and develop the Real Estate and Declarant may, in the
future, desire to subdivide and develop such portions (or all) of the Additional Real Estate as may be made
subject to the terms of this Declaration, as hereinafter provided;
WHEREAS, the term "Property" shall hereafter meart and refertothe Real Estate togetherwith such
portions of the Additional Real Estate as have from time to time been subjected to this Declaration.
NOW, THEREFORE, the Declarant hereby declares that all of the Lots (hereafter defined) in the
Property, as they are held and shall be held, conveyed, hypothecated, or encumbered, leased, rented, used,
occupied, and improved, are subject to the following restrictions, all of which are declared to be in
furtherance of a plan of the improvement and-sale of the Property and each Lot situated therein, and are
established and agreed upon for the purpose of enhancing and protecting the value,. desirability and
attractiveness of the Property as a whole and each of the Lots situated therein. This Declaration shal l run
with the Property and shall be binding upon the Declarant,. its successors and assigns, and upon the parties
having or acquiring any interest in the Property or any part or parts thereof subject to these restrictions. The
restrictions shall inure to the benefitofthe Declarant and its successors in title to the Property or any part
or parts thereof.
As of the date of execution hereof, the Property consists solely of the Real Estate. The Owner of
any Lots subject to these restrictions, by (i) acceptance of a deed conveying title thereto, or the execution
of a contract for the purchase thereof, whether from Declarant; a Builder, or a subsequent Owner of such Lot
or (ii) the active occupancy ofany Lot, shall accept such deed, execute such contract and/or actively occupy
such Lot subject to each restriction and agreement herein contained.
Declarant shall have the right, and hereby reserves on to itselfthe right, at any time, and from time
to time, at any time prior to the expiration of the Development Period, to add to the Property and subject to
this Declaration all or any part of the Additional Real Estate. Any portion of the Additional Real Estate
shall be added to the Ptoperty, and therefore and thereby becomes a part of the Property and subject i n al I
respects to this declaration and all rights, obligations, and privi leges herein, when Declarant places ofrecord
in Hamilton County,.lndiana an instrument so declaring the same to be part of the Property, which
supplementary declaration (hereafter "Supplementary Declaration") may be as part ofa subdivision plat for
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any portion of the Additional Real Estate, or by an amendment or supplement to this Declaration. Such
Supplementary Declaration may contain modifications hereto and additional terms, conditions, restrictions,
maintenance obligations, and assessments as may be necessary to reflect the different character, if any, of
the Additional Real Estate.
Upon recording ofany such instrument on or before the expiration ofthe Development Period, the
real estate described therein shall, for all purposes, thereafter be deemed a part of the Property and the
Owners of any Lots within such real estate shall be deemed for all purposes, to have and be subject to all of
the rights, duties, privileges, and obligations of Owners of Lots within the Property. No single exercise of
Declarant's right and option to add and expand the Property as to any part or parts of the Additional Real
Estate, shalt preclude Declarant from thereafter from time to time further expanding and adding to the
Property to include otherportions ofthe Additional Real Estate, and such right and option ofexpansion may
be exercised by Declarant from time to time as to all or any portions of the Additional Real Estate so long
as such ex ansion is accomplished on or before the expiration of the Development Period. Such expansion
of the Pro~erty is entirety at the sole discretion ofthe Decfarant and nothing contained in this Declaration
or otherwise shall require Declarant to expand the Property beyond the Real Estate, or to any portions ofthe
Additional Real Estate which Declarant may voluntarily and in its sole discretion from time to time subject
to this Declaration.
ARTICLE I
DEFINI'T'IONS
The following are the definitions of the terms as they are used in this Declaration:
Section 1.1 "Association" shall mean the Long Branch Estates Homeowners Association, Inc., a
not-for-profit corporation, the membership and power of which are more fully described in Article X ofthis
Declaration.
Section t .2 "Board" or "Board of Directors" shall mean the Board of Directors ofthe LongBranch
Estates Homeowners Association, Inc.
Section I3 "Builder" means a person or entity engaged in and responsible for the original
construction of a residence on a .Lot.
Section L4 "City" shall mean the City of Carmel, Hamilton County, Indiana.
Section 1.5 "Committee" shall. mean the Development Standards and Architectural Control
Committee, as more fully described in Article VII ofthis Declaration.
Section 1.6 "Common Area" shall mean those areas (i)designated on current and future Plats as
a "Block", "Common Area", "C.A.", (ii) the Pool, and (iii) any other areas designated by the Declarant for
the common use and enjoyment of the residents of the Development.
Section 1.7 "Development Period" means the period of time commencing with Declarant's
acquisition of the Property and ending when Declarant has completed the development and sale of, and no
longer owns, any Lot or any other portion ofthe Property. The Development Period shall recommence each
time the Declarant acquires any part (or all) of the Additional Real Estate.
Section 1.8 "Drainage Board" means the Hamilton County Drainage Board.
Section 1.9 "Lake Area" means any Common Area on which a lake now exists or is later
constructed by Declarant and "Lake" means a body of water wltich~ now exists or is later constructed by
Declarant in a Lake Area.
Section 1.10 "Lot" shall mean any parcel of residential real estate designated on a Plat that is
recorded in the Office of the Recorder of Hamilton County, Indiana.
Section 1.1 1 "Owner" shall mean the record owner, whether one or more persons or entities, ofthe
fee simple title to any Lot which is a part oftlte Property, including contract sellers, but otherwise excluding
those having such interest merely as security-for the performance of an obligation. Unless specifically
indicated to the contrary, the term "Owner" shall include the Declarant and a Builder.
Section 1.12 "Person" shall mean an individual, firm, corporation, partnership, association, trust
or other legal entity or any combination thereof.
Section 1,13 "Plat" shall mean the subdivision plats of the Property which are recorded with the
Recorder of Hamilton County, Indiana.
Section 1.14 "Pool" shall mean the recreational swimming pool and attached bath house which
Declarant, in its sole and absolute discretion, may construct on the Property.
Section 1.15 "Residence" shall mean any structure intended exclusively for occupancy by single
family togetherwith all appurtenances thereto, including private garage and recreational facilities usual and
incidental to the use of a single family residential lot.
Section 1.16 "Special Use" shall mean any use defined or identified in any applicable zoning
ordinance as a "Special Use".
Section 1:17 "Trail System" means paths or trails so designated by the Board and located in a
Common Area.
ARTICLE II
CHARACTER OF THE DEVELOPMENT
Section 2.1, In General. No structure shall be erected, placed or permitted to remain upon any Lot
except a Residence. All Property located within a plat which has not been designated by numbering shall
be used in a manner determined by the Declarant. Lots may be used only for single-family residential
purposes and only one Residence not to exceed the maximum height permitted by and measured pursuant
to the Zoning Ordinance ofthe City of Carmel, Indiana, may be constructed thereon. No portion ofany Lot
may be sold or subdivided such that there will be thereby a greater number of Residences in Long Branch
Estates than thenumberofLotsdepictedonthePlat. Notwitltstandinganyprovisionintheapplicablezoning
ordinance to the contrary, no Lot may be used for any "Special Use" that is not clearly incidental and
necessary to single family dwellings.
Section 2.2 Other Restrictions. All Property shall be subject to the easements, restrictions, and
I imitations ofrecord appearing on a Plat and amendments thereto; on recorded easements, and rights-of--way,
and also to all governmental zoning authority and regulation affecting the Property, all of which are
incorporated herein by reference.
ARTICLE III
EASEMENTS
Section 3.1 Desienated Easements. The following are easements designated or to be designated,
in the Declarant's sole discretion, upon a plat:
(A) Desienated DrainaeP Utility and Sewer Easements. There are strips of ground
designated on the Plat as drainage easements, utility easements, sewer easements, sanitary sewer
easements and storm sewereasements, or any combination thereof, which are hereby reserved to the
appropriate governmental entities, public utilities, and private utilities for the installation and
maintenance of swales, ditches, pipes, drains, sanitary sewers, manholes, detention and retention
areas or other drainage facilities. Purchasers of Lots in this subdivision shall take title subject to
such easements hereby created and subject at all times to the rights of proper authorities to service
and maintain sucb drainage facilities and easements, and no permanent structure ofany kind and no
part thereof except fences which do not retard or impede the flow of drainage water and which are
approved pursuant to Section 5.6 below, shall be built, erected or maintained on said drainage
easements, except by the Declarant or its assigns. It shall be the responsibility of the Association
and the Owners of the areas enclosed within such easements to maintain such areas in such
conditions that the flow of storm drainage waters on, across and from said areas shall not be
impeded, diverted or accelerated. Such use for storm water movement or retention or detention is
hereby declared to be an easement and servitude upon said land for the benefit of the Owners of
other land included within the Plat, upstream or downstream, affected by such use and for any proper
governmental agency or department or any. private or public utility. All proper governmental
agencies or departments and public and private utilities are hereby given the right to obtain access
to such areas to perform maintenance and to perform such maintenance as may be necessary to
protect that easement and servitude rights. It shall be the responsibility of the Association and the
Owner ofany Lot or parcel of land within the Plat to comply at all times with the provisions of the
drainage plan as approved for the applicable Plat by the appropriate governmental agency or
department and the requirements of all drainage permits for such Plat issued by those agencies.
Failure to so comply shall operate as a waiver and release of the Declarant, the developer, or their
engineers and agents from all liability as to damage caused by storm waters or storm drainage.
Further, there are easements and servitudes upon the land within the Plat in favor of surface
water runoffalong natural valleys and drainage channels runningto Owners ofother land contained
within the Plat, upstream and downstream. It shall be the responsibility ofthe Association and the
Owners ofthese natural valleys and channels to use their land and maintain said natural valleys and
channels in such manner and condition that the flow of storm drainage waters on, across, from and
to~such areas shall not be impeded, diverted or accelerated,
(B) Desi Hated Moundin Landsca in and Screenin and Si n Easements. Any
strips of grounds shown or designated on the Plat for landscaping including, but not limited to,
landscape easements ,landscape maintenance easements, and/or landscape maintenance access
easements are hereby reserved unto. Declarant,duringtheDevelopmentPeriod,and,thereafter,unto
the Association, for the purposes of (i) providing signs which either advertise the Property and the
availability of Lots or identify the Property or n installing landscaping, mounding, and screening.
Declarant reserves unto itself during the Development Period and thereafter unto the Association,
the exclusive and sole right to erect'signs and install landscaping, mounding, and screening within
these strips of ground. Notwithstanding anything in this Declaration to the contrary, no planting
shall be done, and no hedges, walls, fences or other improvements shat l be erected or maintained
in the area of such easements, except by'the Declarant during the Development Period, and
thereafter by the Association. Furthermore, notwithstanding anything in this Declaration to the
contrary, no planting shall be done, and no hedges, walls, fences, structures, or other improvements
shall be erected between (i) any landscape easement or landscape maintenance easement, and (ii)
any perimeter roadway, public highway or right-of--way along the perimeter or boundary of the
Property, except by the Declarant during the Development Period and thereafter by the Association.
(C) Conservation Easements.
I • Declarant hereby grants, reserves and creates a "Conservation Easement"
over the areas, in the rear of certain lots, designated and identified on the Plat as a
"Conservation Easement". Except as specifically provided herein, the Conservation
Easement shall be restricted from any development, or any use otherthan as natural
fields, forest lands, landscaped areas approved by the Committee and as a sanctuary
for wildlife and wild plants and passive recreation. Actions prohibited in the
Conservation Easement include,-but are not limited to the following:
(a) the construction or maintenance on the Conservation Easement of
any buildings, structures nr other improvements, other than fencing or as
otherwise expressly permitted herein;
(b) the dumping or other disposal oftrash, garbage, or other refuse of
any nature whatsoever on the Conservation Easement;
(c) the cutting or clearing oftimber or trees, earth moving or grading,
intentional burning, or filling, except as determined necessary by the
Committee to control or prevent imminent hazard, disease or fire; and
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(d) the construction, maintenance, or erection of any sign or bil lboard
on the Conservation Easement, except for the posting of''No Trespassing"
signs.
2. Declarant hereby reserves the right to install utilities and erosion control
structures or devices in the Conservation Easement, and to enter onto the
Conservation Easement to remove dead, dying or diseased trees, or to prevent
imminent hazard or fire.
3• The Association shall enforce the provisions ofthis Section 3.1.C. Such
enforcement rights shall include the right to enter onto the Conservation Easement
in orderto monitor compliance with and enforcethe terms ofthis Section, including
the right to repair any damage to the Conservation Easement. Any Owner that
violates the provisions ofthis Section shall reimburse the Association for the cost
incurred by the Association (i) to enforce the provisions ofthis Section, including
reasonable attorney fees,. and (ii) to repair any damage to the Conservation
Easement, including the replacement of any destroyed or damaged trees or
vegetation. Such amount shall be a lien on the violating Owner's Lot, which may
be foreclosed by the Association in the same manner as delinquent dues provided
herein.
(D) Easement Work. Notwithstandinganyarchitectural approval underArticle VII below,
during the course ofany maintenance, service, repair or work upon any easement, the Declarant, the
Association; any private utility, any public utility, and/or any governmental entity shall have the
right and the authority, without any obligation or liability whatsoever to any owner, to remove,
damage, or destroy any fence or other structure or landscaping built, erected, maintained or planted
in any easement described in Section 3.1 (A) above and without any obligation of replacement.
Section 3.2 General prainaee _Utiliri Sewer and other Develonment Easements The following
rights reserved in this Section shall not be exercised, after the conveyance of any Lot, in a manner that (i)
unreasonably and adversely affects any Residence or portion thereof located upon such Lot or the Owner's
use or enjoyment thereof, or (ii) unreasonably restricts the rights of ingress and egress to such Lot. The
following rights and easements reserved 6y Declarant in this Section shall run with the land, and Declarant's
right to further alter or grant easements steal I autom atical ly term mate and pass to the Associati on one (1) year
after Declarant shall have conveyed the last Lot within the Property.
(A) -Declarant hereby reserves unto itself during the Development Period, and thereafter
unto any public or private utility, a general easement ("Drainage, Utility and Sewer Easement") for
drainage, utility and sewer purposes in, on and over all ofthe Common Area and any Lot, so as to
permit Declarant to properly install and allow to be maintained all electrical, telephone, water, gas,
sanitary and storm sewer, television (including but not limited to cable and/or satellite) transmission
facilities, security systems and other utility services (including all necessary lines, pipes, wires,
cables, ducts, antennae and other equipment and facilities) to serve any Residence. Any Drainage,
Utility, Sewer and other Development Easement steal I include all areas of the Property outside any
Residence, with-the exception of any areas covered by chimneys, or patios. Improvements or
permanent structures installed within the Common Area are subject to the rights (including the right
to remove where reasonably necessary without duty of replacement or reimbursement) of the
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Declarant and any public or private utility to construct, maintain, repair or remove airy necessary
facilities. By virtue hereof, Declarant reserves the right to install a lake(s) or pond(s) on any
Common Area. The rights hereunder and easements hereby reserved survive the conveyance, by
the Declarant to the Association, of any Common Area. .This easement shall be in addition to any
easement defined upon a Plat as a drainage, sewer, utility, cable, landscape, sign, transmission,
flowage or similar type easement.
(B) Declarant reserves unto itself during the Development Period, and thereafter unto the
Association, an easement ("Lake Easement") and right-of--way in and to any Lake Area (s) or areas
now or hereafter shown on the Plat as a "Block", "Common Area", or "Lake" or any other Common
Area within the Property used as a water retention or detention area, or on wlticlt a Lake now exists
or is later constructed, for the purpose of fulfilling any maintenance obligations set forth in this
Declaration and/or establishing and maintaining proper surface water drainage throughout the
Property, includingdewateringmaintenance, and an easementofingress and egress through so much
of the remainder ofthe Property as is reasonably necessary or appropriate, to perform such actions
as Declarant or the Association deem necessary or appropriate, for the purpose of establishing and
mai ntai n ing proper surface water drai n age th roughout the Property, wh ich such acti ons shat I i n c l ude
the construction, repair and maintenance of retention and detention ponds or lakes iit accordance
with the requirements of applicable law and of afl governmental agencies having jurisdiction
(without undertaking any obligation or duty to exceed such requirements).
(C) Declarant reserves unto itself during the Development Period, and thereafter unto the
Assoc iation, the right and an undefined sign and faci I ities easement ("S ign and Facilities Easement")
to install, erect, construct and maintain an entryway sign orsigns, directional signs, advertising signs
advertising the Property or the Lots therein, lighting, walkways, pathways, fences, walls and any
other landscaping, architectural and recreational features or facilities considered necessary,
appropriate, useful or convenient; anywhere upon the Property (except upon any Lot after the first
conveyance thereof). -Any such signs shall comply with any applicable zoning requirements and all
such facilities shall be maintained by the Association as a part of its Common Area maintenance
obligations.
(D) Declarant reserves unto itself during the Development Period, and thereafter unto the
Association, the full right, title and authority to:
(i) Relocate, alter or otherwise change the location of any Drainage, Flowage,
Utility, Sewer and Lake, Sign and Facilities Easement, or any facility at any time located
therein or thereon;
(ii) Grant such further easements, licenses and rights-of--way, temporary or
permanent, exclusive or non-exclusive, surface or otherwise, as Declarant may deem
necessary or appropriate, for ingress and egress, utility and similar purposes on or within
any portion of the Property, for the benefit of the Property or any portion thereof; and,
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(iii) Describe more specifically or to change the description of any Drainage,
Flowage, Utility, Sewer, Lake, Sign and Facilities Easement or any other easement, license
orright-of--way now or hereafter existing on the Property, by written instrument, amended
Plat or amendment to the Plat recorded in the Office ofthe Recorder of Hamilton County,
Indiana.
(E) The title of the Association (as to the Common Area owned by the Association during
the Development Period) and of anyOwner of any Lot shall be subject to the rights and easements
reserved herein.
ARTICLE N
ADDITIONAL PROVISIONS RESPECTING .
OF SANITARY SEWER UTILITY
Section 4.1 Sanitary sewer utility easements allow for the construction, extension, operation,
inspection, maintenance, reconstruction, and removal of sanitary sewer facilities and give utility companies
the right of ingress/egress.
Section 4.2 No trees shall be planted directly over building sewers (laterals). Any landscaping
placed within easements or right-of--ways is at risk of being removed, damaged, or destroyed by the
applicable utilities without the obligation of replacement.
Section 4.3 No mounding, lighting, fencing, signs, retaining walls, landscaping walls, entrance
wallg, irrigation lines, or other improvements shall be placed within ten (10) feet ofthe center ofthe sanitary
sewer infrastructure. Any of these which are placed within easements or right-of--ways is at risk of being
removed by the applicable utilities without the obligation of replacement.
Sectiori 4.4 All Owners not serviced by gravity sanitary sewer service are responsible For all
maintenance, repair and replacement of alIgrinder/ejector pumps, force mains and gravity laterals from the
residence to its connection to the sanitary sewer main.
Section 4.5 The dischazge ofclear water sources, including, but not limited to, foundation drains,
sump pumps, and roof drains to the sanitary sewers is prohibited.
Section 4.6 Grade changes across sanitary sewer facilities must be approved in writing by the
applicable utilities.
ARTICLE V
RESTRICTIONS CONCERNING SIZE
PLACEMENT MATERIALS AND
MAINTENANCE OF DWELLING HOUSES
AND OTHER STRUCTURES
Section 5.1 Land Use. Lots maybe used only for single-family residential purposes and only one
Residence not to exceed the maximum height permitted by and measured pursuant to the Zoning Ordinance
ofthe City ofCarmel, Indiana, may be constructed thereon. No portion ofany Lot maybe sold or subdivided
such that there will be thereby a greater number of Residences in Long Branch Estates than the number of
Lots depicted on the Plat: Notwithstanding any provision in the applicable zoning ordinance to the contrary,
no Lot may be used for any "Special Use" that is not clearly incidental and necessary to single family
dwellings.
Section 5.2 Size of_ R~Ces, Except as otherwise provided herein, no Residence may be
constructed on any Lot unless such Residence, exclusive of enclosed or open porches, attics, garages,
finished or unfinished basements which are more than three feet below the surrounding grade, or other
unheated areas which are not intended for living area all year, shall contain the following minimum living
areas; as determined by the Committee:
Single-story house:
One and one-half story house:
(the master bedroom is on the
first floor):
T~vo story house:
1,800 s.f.
First Floor 1,300 s.f.
Second Floor 500 s.f.
Total ofboth floors 1,800 s.f.
First Floor 900 s.f.
Second Floor 900 s.f.
Total ofboth floors 1,800 s.f.
Section 5.3 Address Identification. The numbers representing the address of each Residence will
be of a uniform appearance and will be displayed in a uniform location and manner, as detennined by the
Committee.
Section 5.4 Exterior Construction. All exterior materials on the house and garage must be a
material other than aluminum or vinyl, except for windows. The front and sides of the home on the first
floor must be substantially brick, unless common building conventions prohibit its use.- No aluminum or
vinyl siding or soffits and no asphaltic siding ofany kind shall be permitted. All masonry shall be mortared.
All chimneys shall be clad on all four sides with brick or stone unless it protrudes from the interior of the
Home. No chimney pipes shall be exposed except to the extent required by the manufacturer or local
building codes. Roof pitches shall be not less than 6 inches of rise for each 12 inches of horizontal distance
from the front to the back of the roof, and 6 inches of rise for each 12 inches of horizontal distance across
the front ofthe house, except where the style ofthe house dictates otherwise. All shingles shall have at least
a 25-year warranty.
Section 5.5 Land_scaoing, All front yards, measured to the front ofthe house, as extended from side
to side, shall be sodded. All side and rear yards shall be hydro-seeded, or may be sodded with permission
of the Committee. The sizes, types, and numbers of other plant materials, including shrubs, grasses, trees,
and flowers, shall be approved by the Committee.
Section 5.6 Fences. Nofencingwillbepermittedwhichhastheeffectofblockingtheviewthrough
the fence unless required by law. All fencing material shall be, or appear to be, wrought iron, unless
otherwise permitted by the Committee. No fencing shall be permitted closer to the front of the lot than the
rear line ofthe house, extended to each side lot line. On corner lots, each street frontage shall be considered
to be a front yard, and no fencing will be permitted closer to the street than 30 feet outside the building
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setback lines. The maximum height ofthe fence shall not exceed five (5) feet without the approval of the
Committee.
Section 5.7 Li htin .All homes will have two dusk to dawn lights located on the sides of the
garage doors. Street lights may be installed by Declarant in the utility easements on Lots and in the Common
Areas. Street lights shall be operated and maintained by the Association. The Association reserves the right
So remove street fights deemed no longer necessary by the Board of Directors.
Section 5.8 Temporary Structures. No trailer, shack, tent, boat, basement, garage or other
outbuilding may be used at any time as a dwelling, temporary or permanent, nor may any structure of a
temporary character be used as a dwelling.
Section 5.9 Driveways. All driveways in Long Branch Estates shall 6e concrete in material.
Section 5.10 Storaee Tanks. All above or below ground storage tanks, with the exception of gas
storage tanks used solely in connection with gas grills for the purpose of grilling or cooking food, shall be
and hereby are prohibited.
Section 5.1 1 Water S stems. Each Owner shall connect to the water main maintained by a private
or publ is water uti lity to provide water for domestic use on the Lot and shat I pay al I connection, availability,
or other charges lawfully established with respect to connections thereto.
Section 5.12 Drainage. In the event storm water drainage from any Lot or Lots flows across
another Lot, provision shall be made by the Owner of such downstream Lot to permit such drainage to
continue, without restriction or reduction, across the downstream Lot and into the natural drainage channel
or course, although no specific drainage easement for such flow of water is provided on the Plat. To the
extent not maintained by the Drainage Board, "Drainage Easements" reserved as drainage swales shall be
maintained by the Owner of the Lot upon which such easements are located such that water from any
adjacent Lot shall have adequate drainage. along such Swale. Lots within Long Branch Estates may be
included in a legal drain established by the Drainage Board. -n such event, each lot in Long Branch Estates
will be subject to assessment by the Drainage Board for the costs of maintenance of the portion of the
drainage system and the lake control structures included in such legal drain, which assessment will be a lien
against the Lot.. The elevation of a Lot shall not be changed so as to materially affect the surface elevation
or grade of surrounding Lots. Perimeter foundation drains and sump pump drains shall be connected
whenever feasible into a subsurface drainage tile. Down spouts and drains shall be designed to disperse
runoff for overland flow to street or Swale collection systems. Each Owner shall maintain the subsurface
drains and tiles located on his Lot and shall be liable for the cost of all repairs thereto or replacements
thereof.
Section 5,13 Sheds. Outbuildings and sheds are specifically prohibited.
Section 5.14 Maintenance of Lots.
(a) Vehicle Parkino, No camper, motor home, truck, trailer, boat or disabled vehicle may be
parked or stored overnight or longer on any Lot in open public view,
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(b) Si ns. Except for such signs as Declarant may in its absolute discretion display in
connection with the identification of development of Long Branch Estates and the sale of
Lots therein, no sign of any kind shall be displayed to the public view of any Lot excepttliat
one (1) sign of not more than four (4) square feet may be displayed at any time for the
purpose of advertising the property for sale, or may be displayed by a builder to advertise
the property during construction and sale.
(c) Fencine. This subsection is applicable to all Lots except those Lots which are used for a
sales office or model home by the Declarant or a Builder. No fence, wall, hedge, or shrub
planting higher than eighteen (18) inchesshall be permitted between the front property line
and the front building set back line except where such planting.is part of Residence
landscaping approved by the Architectural Review Committee and the prime root thereof
is within six (6) feet of the Residence. Corner Lots shall be deemed to have two (2) front
property lines. Trees shall not be deemed "shrubs" unless planted in such a manner as to
constitute a "hedge". All fencing shall be wrought iron in appearance, unless approved by
the Committee. All fencing on a Lot shall be uniform in height; style, and color and
substantially similar in material. No fence shall be erected or maintained on or within any
Landscaping Easement except such as may be installed by Declarant and subsequently
replaced by the Association in such manner as to preserve the uniformity of such fence. No
fence may be erected on a Lot without prior approval ofthe Comm ittee, which shall approve
or disapprove the location ofall fences; provided, however, that all fencing erected on a Lot
must be erected either (i) within three (3) inches of the property line of such Lot, or
(ii) more than ten (10) feet from the property line of such Lot. Owners of Lots adjoining
Lots on which a fence is erected within three (3) inches of the property line shall have the
right to connect a fence to the fence on the adjoining Lot if the new fence satisfies all ofthe
criteria expressed herein and is approved by the Committee. The Committee may establish
further restrictions with respect to fences, including limitations on (or prohibition of) the
~ installation of fences in the rear. yard of a Lot abutting a Lake and design standards for
fences. All fences shall be kept in good repair. No fence, wall, hedge, or shrub planting,
or tree foliage which obstructs sight lines at elevations between two (2) and six (6) feet
above the street shall be placed or permitted to remain on any corner Lot within the
triangular area formed by the Lot lines at the streets and a-line connecting points 25 feet
from the intersection of said street Lot lines; and, the same rule shall apply to the
intersection ofa driveway with a street, in which case the edge of the driveway pavement
shal I be substituted for one of the street Lot lines.
(d) Nuisances. No noxious or offensive activity shall be carried on upon any Lot nor shall
anything be done thereon which may be, or may become, an annoyance or nuisance to the
neighborhood. Violationofanyordinancegoverningnoise,buildingorlotmaintenance,or
any other public nuisance shall be deemed to be a nuisance creating rights in every affected
Owner, the Declarant, and/or the Association, as the case may be, to enforce the provisions
hereof against the offending Owner. Barking dogs shall constitute a nuisance. In the event
of successful enforcement by an Owner, the Declarant, or an Owner of the provisions
thereof, the offending Owner shall be liable to the prevailing party for attorneys' fees, court
costs, and all other costs and expenses of litigation and collection in connection therewith.
(e) Garbaee and Refuse Disposal. No Lot shall be used or maintained as a dmnping ground for
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'.trash. Rubbish, garbage or other waste shall be kept in sanitary containers out of public
view except not more than 24 hours prior to its removal thereof, when it may be placed at
the curb of the Lot. All equipment for storage or disposal of such materials shall be kept
clean and sanitary.
(t) Livestock and Poul No animals, livestock or poultry of any kind shall be raised, bred
or kept on any Lot, except that dogs, cats or other household pets may be kept provided that
they ate not kept, bred, or maintained for any commercial purpose. The owners of such
permitted pets shall confine them to their respective Lots such that they will not be a
nuisance. Owners of dogs shall so control or confine them so as to avoid barking which will
i annoy or disturb adjoining Owners. Unless permitted by the Board of Directors of the
Association, no Owner shall maintain more than hvo (2) of the swine t}~pe (dog, cat, bird)
of pet nor more than four (4) total pets; provided, however, that fish which are located in
indoor aquariums and which pose no risk to the public health shall not be considered pets
for the purpose of this restriction. No dangerous or potentially dangerous pets, such as
exotic animals (large wildcats, wolves, alligators, snakes which are poisonous or longer
than two feet, poisonous spiders, etc.) shall be permitted to exist in a Residence or on a Lot
without the unanimous consent of the Architectural Review Committee and the Board of
Directors; provided, however, that the decision of the Board of Directors to permit such
animal or animals may be overturned by a majority vote of the Members at any meeting.
i
(g) Outsid_ a Bumin~. No trash, leaves, or other materials shall be burned upon a Lot unless the
smoke therefrom would not blow upon any other Lot. Owners shall use appropriate
incinerators and shall at all. times be in compliance with all applicable legal requirements
for outside burning.
(h) Antennas and Receivers. No antenna,.satellite dish, orother device for the transmission or
reception of radio, television, or satellite signals or any other form of electromagnetic
radiation shall tie erected, used or maintained outdoors and above ground, whether attached
to a building or otherwise, on any part of the Property, including Lots, without the written
approval ofthe Architectural Review committee, which approval shall not be unreasonably
withheld; provided, however, that any such device maybe installed and maintained on any
Lot without the necessity of such written approval if: (a) it is not visible from the
neighboring Lots, streets or Common Area; or (b) the Owner, prior to installation, has
received the written consent ofthe Owners of all Lots who would have views oftlte device
from their Lots; or (c} the device is virtually indistinguishable from structures, devices, or
improvements, such as heat pumps, air-conditioning units, barbecue grills, patio furniture,
and garden equipment, which are not. prohibited by these covenants or Bylaws, or (d) it is
a satellite dish t meter,or less iri diameter and not affixed to the roof of a residence; or (e) if
proh ibition ofthe installation, use, and maintenance of such device is speciflcal ly preem pted
and superseded by applicable governmental authority.
(i) Exterior Liehts. Except on Lots on which there is maintained a sales office or model home
by the Declarant or a Builder, no exterior lights shall be erected or maintained between the
building line and rear lot line so as to shine or reflect directly upon another Lot.
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(j) Electric Bu Killers. Electric Bug Killers, "zappers", and other similardevices shall not be
instal led at a location or locations which resu It in the operation thereof becom ing a nuisance
or annoyance to other Owners, and shall be operated,only when outside activities require
the use thereof and not continuously.
(k) Tennis Courts. No tennis court shall be installed or maintained on any Lot without prior
written approval from the Declarant or the Committee.
(I) Swimmin Pools. No swimming pool or equipment or building related thereto shall be
constructed without the prior approval of the Committee. The Architectural Review
Committee may require, as a condition to the location of a swimm ing pool on a Lot, that the
Owner install a mechanical pool cover. If the Board imposes such requirement, then a
mechanical pool cover of a type and manufacture approved by the Architectural Review
Committee shall be installed by the Owner in compliance with all applicable governmental
requirements and all requirements established by the Architectural Review Committee.
', (m) Vacant Lots. It shall be the duty and obligation of the Owner of a vacant Lot to maintain
such Lot and mow the lawn thereof. Declarant and the Association shall have the right, but
not the duty, to enter upon each vacant Lot and to maintain the appearance thereof by
cutting weeds, mowing grass, trimming trees, removing debris, installing erosion control
devices, and performing any other act reasonableunderthecircumstances. The Owner shall
be responsible for payment of all such expenses upon demand and the Declarant or the
Association, as the case may be, shall have a lien on such Lot for the payment of such.
expenses, together with attorneys' fees and all other costs and expenses of litigation and
collection which may be incurred in connection therewith.
Section 5.15 Association's Right to Perform Certain Maintenance In the event that the Owner of
any Lot shall fail to mamtam his or her Lot and any improvements situated thereon in accordance with the
provisions of this Declaration, the Association shall have the right, but not the obligation, by and through
its agents or employees or contractors, to enter upon said Lot and repair, mow, clean or perform such other
acts as may be reasonably necessary to make such Lot and improvements situated thereon, if any, conform
to the requirements of these restrictions. The cost incurred by the Association shall be assessed to the
Owner. The Owner shall reimburse the Association within thirty (30) days ofthe date on which the.Owner
is invoiced by the Association. The Association shall have the right to collect any outstanding maintenance
assessments in the mannerdescribed in Article XI. Neither the Association nor any of its agents, employees,
or contractors shall be liable for any damage that may result from any maintenance work performed
hereunder.
Section 5.16 Awnines. Except on Lots on which there is maintained a sales office or model home
by the Declarant or a Builder, or as approved by the Committee, no metal, wood, fabric, fiberglass or sim filar
type material awnings or patio covers will be permitted anywhere on the Property.
Section 5.17 Dilieence in Construction Subject to inclement weather, every Residence shall be
completed within twelve (12) months after the beginning of such construction or placement. No
improvement which has partially or totally been destroyed by fire or othetwise shall be allowed to remain
in such state for more than three (3) months from the time of such destruction or damage or, if approval of
the applicable casualty insurance is pending, then within three (3)anonths aftersuchapproval is forthcoming.
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Section 5.18 HVAC Units No heat pumps, air conditioning units or gas meters will be installed
in the front of the Residence.
Section 5.19 Lake and Lake Area(sl. Except as otherwise provided, no individual using a Lake,
ifany, has the rightto cross another Lot or trespass upon shoreline not within a Common Area owned by the
Association, subject to the rights of the Declarant, the Association, their employees, heirs, successors and
assigns as set forth in the Declaration. No one shall do or permit any action or activity which could result
in pollution ofany Lake, diversion ofwater, elevation ofany Lake level, earth disturbance resulting in silting
or any other conduct which could result in an adverse effect upon water quality, drainage or proper Lake
management except as provided in the Declaration. A Lake may not be used for swimming, ice skating,
boating, or for any other purpose, except for drainage of the Property, unless expressly and specifically
approved by the Board of Directors in writing and allowed by law. Lakes and Lake Areas may or may not
existon the Property, and the reference throughoutthis Declaration to Lakes and Lake Areas is made in order
to address Lakes and Lake Areas, ifany, which now exist or are later constructed upon the Property. The
installation on the Property ofany Lake or Lake Area shall. be within the sole discretion of the Declarant,
and under no circumstances shall the Declarant be required or obligated to install any Lake or Lake Area.
Only the Declarant and the Association shall have the rightto store items or develop recreational facilities
upon any Common Area owned by the Association adjacent to a Lake.
Section 5.20 Mailboxes. All mailboxes and posts must be approved by the Committee and, within
each Section of the Development, shall be standard as to size, location, post, design,-height, material,
composition and colors. The builder upon the initial Lot closing to the homeowner shall install the initial
mailbox for each Lot, which meets the above criteria. The Owner agrees to maintain and paint said mailbox
and post in conformance with all other mailboxes.
Section 5.21 Maintenance of Lots and lmorovements Each Owner shall at all times maintain the
Lot and any improvements situated thereon in such a manner as to prevent the lot or improvements from
becoming unsightly and, specifically, such Owner shall:
(A) Mow the Lot at such times as may be reasonably required in order to prevent the unsightly
growth of vegetation and noxious weeds; ~
(B) Remove all debris or rubbish from the Lot;
(C) Prevent the existence of any other condition that tends to detract from or diminish the
aesthetic appearance of the Property;
(D) Cut down and remove dead trees from the Lot; and,
(E) Within sixty (60) days following completion ofa Residence, the Owner shall landscape the
lot, weather permitting,
Section 5.22 Miscellaneous No clotheslines may be erected on any Lot
Section 5.23 Outbuildines and Animal Ouarters. Any and all forms ofoutbuildings, including but
not limited to, sheds, storage sheds, animal quarters, and play houses, which are not directly connected to
the main house on any Lot are prohibited, unless the same are necessary or incident to the Declarants,
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Builder's or Association's business or activities upon the Property. Animal quarters or kennels which are
connectedito the Residence must be approved by the Committee.
Section 5.24 PlayEauioment Children's playequipmentsuchassandboxes,temporaryswimming
pools having a depth of eighteen (18) inches or less, swing and slide sets, and trampolines shall not require
approval by the Committee, provided that (i) such equipment is not more than eight (8) feet high (to the
highest point ofthe structure) and properly painted and maintained bythe Owner in good repair and (ii) such
equipment is located in the rear yard ofthe Lot between the parallel lines defined by extending the side lines
of the residence into the rear yard of the Lot. Equipment higher than eight (8) feet shall require approval of
the design, location, color, material and use by the Committee, and aluminum or metal play equipment is
prohibited.
Section 5.25 Plumbine. All plumbing vent stacks are to be located on the rear of the Residence
Section 5.26 Sidewalks. Each Residence shall have a continuous 4-foot wide by a minimum of
four (4) inches thick concrete sidewalk adjacent to all interior dedicated street frontage. Sidewalks shal l be
installed by the Builder and included in the purchase price of the Residence. If an approved asphalt
bike/walking path is approved on the Property in place oftlte sidewalk, no additional concrete sidewalk will
be required.
Section 5.27 Subsurface Drains and Sumo Pumo Dischar es Subsurface drains have been provided
in certain areas within drainage easements as additional storm and ground water drainage sources and are
part oftlte public storm drainage system. Subsurface drain laterals have been provided on specific Lots, and
the Builder on such Lots shall connect all sump pump discharge lines to such laterals. All maintenance and
repair ofall sump pump discharge lines and subsurface drain laterals shall be the responsibility of each Lot
Owner in accordance with the~following:
(A) The limitsofOwnerresponsibilityincludeallsumppumplinesandsubsurfacedrainlaterals
between the connection at the sump pump within the home and the connection with the publicly
maintained storm sewer or subsurface drain within the drainage easement.
(B) In cases where subsurface drain laterals are connectedalongacommonpropertylinebefore
connecting tothe storm sewer, maintenanceand repair ofthe common lateral will be shared equally
by the adjacent Owners unless an individual Owner caused the lateral to be damaged, changed or
altered.
(C) Any Owner or Builder damaging, changing, or altering these subsurface drains and/or
common subsurface drain laterals will be held responsible for such action and will be given ten (10)
days notice, by registeted mail,to repair said damage, after which time, if no action is taken,.the
appropriate jurisdictional agency, Declarant or the Association will cause said repairs to be
accomplished and the invoice for such repairs will be sent to the responsible Owner(s) and/or
Builder(s) for immediate payment. If immediate payment is not received, the Declarant and/or the
Association shall have all the rights and remedies to collect any outstanding amounts as outlined
hereafter in Article XI of this Declaration.
jD) In no case will maintenance and repair of sump pump discharge lines and subsurface drain
laterals be the responsibility of the City.
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Section 5.28 Swimmine Pools and Hot Tubs Only. permanent, in-ground pools with professional
construction, approved by the Committee, shall be permitted upon a Lot. All submittals to the Committee
shall include landscape plans. All backyard pools should be oriented to minimize the potential effect on
neighboring properties. All fencing shall conform to county or municipal regulations and shall be of
harmonious design and subject to Committee approvals. Hot Tubs must also be approved by the Committee.
Section 5.29 Tennis Courts Racquetball Courts Paddleball Courts etc Tennis courts, racquetball
courts, paddle ball courts, basketball courts, squash courts, and other recreational facilities or sporting
facilities will not be permitted without apptoval from the Committee. All submittals to the Committee shall
include landscape plans. Basketball goals maybe installed on a lot adjacent to driveway without Committee
approval provided thatthey have white fiberglass ortranslucent fiberglass or glass backboards. Independent
basketball courts may not be constructed on a Lot without written Committee approval. No basketball goal
or backboard shall be permitted to hang from or be affixed to the Residence or garage. Lighted courts of any
kind are prohibited. Temporary or portable basketball courts will not be permitted to be located on streets
or in cul-de-sacs.
Section 5.30 Vents. All metal and PVC roofor range vents will be painted to blend with roofcolor.
Section 5.31 Windows-Doors If storm doors are installed, they must be painted,to match exterior
of the Residence. No unfinished aluminum doors or windows will be allowed.
Section 5.32 Street Siens. Decorative street signs that do not conform to Hamilton County
Highway Department standards may be installed by Declarant in Long Branch Estates. Such decorative
street signs shall be.maintained by the Association, and shall be repaired or replaced by the Association if
damaged in accordance with applicable rules and regulations ofthe Hamilton County Highway Department.
The Association assumes all liability in the installation, maintenance and repair ofthe decorative street signs
and agrees to hold Hamilton County, Hamilton County Board of Commissioners and Hamilton County
Highway Department harmless related thereto.
ARTICLE VI
GENERAL PROHIBITIONS
Section 6.1 Animals. No animals shall be kept or maintained on any Lot except the usual
household pets and, in such case, such household pets shall be kept reasonably confined so as not to become
a nuisance. Excessive barking of a dog(s) or vicious animal(s) shall constitute a nuisance and may be
ordered removed from the Property by the Association.
Section 6.2 Exterior Antenna/Dishes. No television, radio orother antennas, nor any obtrusive
object may be erected by any Lot Owner on the exterior of a Residence or on a Lot. Satellite dishes of 1
meter (3.281 feet) in diameter or smaller may be permitted following review of the installation location by
the Committee, but in no event will the installation location be permitted to be higher than the roof ridge.
Whenever possible, satellite dishes should not be visible from the street.
Section 6.3 Fuel Tanks. All above or below ground storage tanks, with the exception of gas
storage tanks used solely in connection with gas grills for the purpose of grilling or cooking food, shall be
and hereby are prohibited.
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Section 6.4 Garbaee and Other Refuse No Lot Owner in the Development shall burn or permit
the burning out-of--doors of garbage or other refuse, nor shall any such Owner accumulate or permit the
accumulation out-of--doors of such refuse, including compost on his or her Lot.
Section 6.5 Home Occupations No Lot or Lots shall be used by an Owner, other than a Builder
or Declarant, for any purpose other than as asingle-family residence, except that a home occupation, which
satisfies the following definition as well as all requirements of the applicable zoning ordinance; may be
permitted: any use conducted entirely within the Residence and participated in solely by a member of the
immediate family residing in said Residence, which use is clearly incidental and secondary to the use ofthe
Residence for dwelling purposes and does not change the character thereof and in connection with which
there is: a) no sign or display that will indicatefrom the exteriorthafthe Residence is being utilized in whole
or in part for any purpose other than that of a dwelling; b) no commodity sold upon the premises; c) no
person is employed other than a member of the immediate family residing in the Residence; and d) no
manufacture or assembly operations are conducted. Provided however, that in no event shall the following
or Sim filar activities be conducted or considered to be a permitted Home Occupation: child day care, barber
shop, styling salon, animal hospital, or any form of animal care ortreatment such as dog trimming, or any
other similar activities. The foregoing notwithstanding, the Declarant and Builders shall be permitted to
operate sales trailers, model homes, and sales offices.
Section 6.6 Nuisances. No noxious or offensive activities shall be permitted on any Lot, nor shall
anything be done on any of said Lots that may be or may become an annoyance or nuisance to the
neighborhood. Barking dogs shall constitute a nuisance.
Section 6.7 O en Draina a Ditches and Swales. The following shall apply to open ditches and
Swales:
(A) Drainage Swales (ditches) along dedicated roadways and within the right-of--way, or on
dedicated drainage easements, are not to be altered, dug out, filled in, tiled, or otherwise changed,
without the written permission of the appropriate jurisdictional agency and the Declarant. Property
Owners must maintain these Swales as grassways or other non-eroding surfaces. Any damage to
Swales or drainage structures must be repaired or replaced by the Lot owner.
(B) Any Owner or Builder altering,changing, ordamagingthesedrainageswalesorditches
will be held tesponsible for such action and will be given ten (10) days notice, by registered mail,
to repair said damage, after which time, if no action is taken, the appropriate jurisdictional agency,
Declarant or the Association will cause said repairs to be accomplished and the invoice for such
repairs will be sent to the responsible Owners for immediate payment. If immediate payment is not
received by the Association, the Association shall have all the rights and remedies to collect any
outstanding amounts as outlined hereafter in Article XI of this Declaration.
Section 6.8 Roofine Materials The roofing materials on all Residences within each Section of
the Development shall be similar in color, and shall be ofa quality, style and composition acceptable to the
Declarant during the Development Period-and, thereafter, the Committee.
Section 6.9 Siens. No signs or advertisements shall be displayed or placed on any Lot or other
structures in the Property, except Residence or Lot sales signs and directional sales signs, except with the
approval of the Committee.
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Section 6.10 Solar Panels. No solar panels shall be permitted on any Residence.
Section 6.1 1 Temporary Structures No temporary house, trailer, garage or other outbuilding shall
be placed or erected on any Lot, except by Declarant or a Builder.
Section6.l2 UtilitvServices Easements for installation and maintenanceofutilitiesanddrainage
facilities are reserved as shown on the recorded plat.
Section 6.13 Vehicle_ s parkin No trucks one (1) ton or larger in-size, campers, trailer,
motorhomes; boats, snowmobiles, jet ski or similar vehicles shall be parked on any street in the Property.
Any recreational vehicle or trailer, camper, snowmobile,jet ski, or boat shall not be permitted to remain on
any driveway of Lot except within a closed garage and shall not be regularly parked upon unpaved areas.
There shall be no outside storage of commercial trucks, trailers, boats, junk cars, or fuel tanks.
Section 6. t4 Visual Obstructions. No fence, wall, gate, hedge, tree or shrub planting which
obstructs sight lines and elevations between three (3) and twelve (12) feet above the street shall be placed
or permitted to remain on any corner Lot within the triangular area formed by the street right-of--way lines
and line connecting points twenty-five (25) feet from the intersection of said street lines or in the case of a
rounded property corner, from the intersection ofthe street right-of--way 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 {inc.
Section 6.15 Wells and Septic Tanks -Water wells shall not be drilled on any of the Lots except
as required to irrigate common areas, nor shall any septic tanks be installed on any of the Lots.
Section 6.16 Occuoancv or Residential Use of Partially Completed Residence Prohibited No
Residence constructed on any Lot sltal l be occupied or used for residential purposes or human habitation
until a certificate of occupancy has been issued.
Section 6.17 Streets, Sidewalks and Street Landscanin
(A) Maintenance. Declarant shall maintain all streets and curbs in good condition satisfactory
i forthe purpose for which they were constructed until they have been accepted by the public.
(B) Land_ scaoine. All landscaping within the streetrights-of-way is subject to the approval of
the appropriate governmental authority. Each Owner shall cut all grass and trim all other
landscaping in the rights-of-way adjoining his Lot lines and shall maintain all sidewalks in
the rights-of--way nearest his Lot lines. Each Owner shall immediately replace any street
trees and lighting required by this Declaration, the Flat, or any other document controlling
maintenance of Lots.
(C) Street Lieltts and Decorative Street Siens. All street lights and decorative street signs
located within the right-of--way of any street shall be maintained by the Association.
Section 6.18 Driveways. All driveways in Long Branch Estates shall be concrete in material.
Section 6.19 Fireplace Chase. All fireplace chases and flues shall be of masonry veneer or material
18
which is equal to or better than masonry veneer in quality and appearance. No fireplace chase shall be
constructed of stucco board, wood siding, or similar materials unless. protruding from the interior of the
home.
Section 6.20 Construction and Landsca in :Time Re uirements~ Divestiture• Penalties. All
construction upon, landscaping of, and other improvementsto aLot shall be completed strictly in accordance
with the Lot Development Plan approved by the Committee. All landscaping specified on the landscaping
plan approved by the Committee shall be installed on the Lot strictly in accordance with such approved plan
within thirty (30) days following substantial completion of the Residence unless delayed due to adverse
weather conditions, but in no event shall it be installed later than June 30'" of the year.
Section 6.21 Mailboxes. All mailboxes installed upon Lots shall be uniform in type and color.
Such mailboxes shall be instal led upon posts approved as to type, size, and location by the Declarant and the
United States Post Office. Replacement of mailboxes shall be subject to the prior written approval ofthe
Committee and shall be as nearly as reasonably possible identical to the original mailboxes and posts
required by Declarant.
Section 6.22 Septic Systems. No septic tank, absorption field, or any other on-site sewage disposal
system (other than a lateral main connected to a sanitary sewage collection system operated by the Clay
Township Regional Waste District or a successor publ is agency or publicor private uti I ity) shall be instal led
or maintained on any Lot.
ARTICLE VII
ARCHTTECTURAL CONTROLS
Section 7.1 Ap royals. Approvals, determination, permissions, or consents required herein shall
be deemed given only if they are given in writing and signed, with respect to the Declarant or the
Association, by the President or a Vice President thereof, and with respect to the Committee, by one (I)
member thereof.
Section 7.2 Committee: bevelopment Standards and Committee A Development Standards and
Committee, composed of at Least three (3) members, shall exist and shall be appointed by the Declarant.
Such members shall be subject to removal by the Declarant at any time, with or without cause. Any
vacaricies from time to time shall be filled by appointment ofthe Declarant, The Declarant may, at its sole
option, at any time hereafter, relinquish fora period of time to the Association the power to appoint and
remove one or more members of the Committee.
', Section 7.3 Continuation of Committee When the Declarant provides written notification to the
Association of discontinuance of this Committee, then the Directors of the Association, or their designees,
shall continue the actions of the Committee with like powers and duties.
Section 7.4 Duties of Committee The Committee shall approve or disapprove proposed
improvements within thirty (30) days after all required information shall have been submitted to it. The
Committee for its permanentfiles shall retain one copy ofsubmitted material. All notifications to applicants
shall be in writing, and, in the event that such notification is one ofdisapproval, the requesting applicant may
re-apply with changes. If however, approval has not been received by applicant in writing within thirty (30)
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days, then said request shall be considered DENIED.
Section 7.5 Exercise of Discretion: Declarant intends that the members ofthe Committee exercise
discretion in the performance of their duties consistent with the provisions hereof, and every Owner by the
purchase of a Lot shall be conclusively presumed to have consented to the exercise ofdiscretion by such
members. In any judicial proceeding challenging a determination by the Committee and in any action
initiated to enforce this Declaration in which an abuse ofdiscretion by the Committee is raised as defense,
abuse ofdiscretion may be established only if a reasonable person, weighing the evidence and drawing all
inferences in favor of the Comm ittee, could only conclude that such determination constituted an abuse of
discretion.
Section 7.6 Inspection. The Committee may inspect work being performed without the Owner's
permission to assure compliance with these restrictions and applicable regulations.
Section 7.7 Liabiliri of Committee Declarant Developer Neither the Committee nor any agenT
thereof, nor the Declarant, or Association shall be liable in any way for any costs, fees, damages, delays, or
any charges or liability whatsoever relating to the approval or disapproval of any plans submitted to it, nor
shall the Committee, Association or Declarant be responsible in any way for any defects in any plans,
specifications or other materials submitted to it, or for any defects in any work done according thereto.
Further, the Comm ittee, Association and/or Declarant make no representation or warranty as to the su itabi lity
or advisability of the design, the engineering, the method of construction involved, or the materials to be
used. AI I parties should seek professional construction advise, engineering, and inspections on each Lot prior
to proposing construction.
Section 7.8 Common Areas Entrances Street Si ns and Landsca a Easements. None of the
following shall be installed or constructed without prior written approval thereof by the Committee: (i) any
and all landscaping, fences, structures, lighting, walking trails, sidewalks, or other improvements located in
any Common Area, landscape maintenance access easement, and/or sign landscape easement, (ii) any
entrance monumentorsignage identifyingthe Developmentoranysection thereofand/or(iii) streetsignage.
Section 7.9 Lot Improvements. No dwelling, building structure, fence, deck, driveway, swimming
pool, rear yard tennis or basketball courts, or improvement of any type or kind (including- significant
landscaping) shall be constructed or placed on any Lot without the prior approval of the Committee.. Such
approval shall be obtained only afterthe Owner ofthe Lot requesting authorization from the Committee has
made written application to the Committee at least thirty (30) days prior to the proposed construction. Such
written application shall be in the mannerand form prescribed from time to time bythe Comm ittee, and shall
by accompanied by two (2) complete sets of plans and specifications for any such proposed construction or
improvement. Such plans shall include plot. plans showing (i) the location of the improvements existing
upon the Lot and the location of the improvement proposed to be constructed or placed upon the Lot, each
properly end clearly designated and (ii) all easements, set backs, and rights-of--way and (iii) any landscape
plans required by the Committee. Such plans and specifications shall further set forth the color and
composition of al I exterior materials proposed to be used and any proposed landscaping, together with any
other materials, photographs, or information, which-the Committee may require. All building plans and
drawings required to be submitted to the Committee shall be drawn to a scale of Y<<" = 1' and all plot plans
shall be drawn by a professional to a scale of 1 " = 30', or to such otherscale as the Committee shall deem
appropriate. It is also recommended that a certified survey be prepared to insure that a resident is not
encroaching on an adjacent fiomeowner or in a Common Area. If Owner has encroached on an adjacent
20
Owner's property or in a common area, the encroaching Owner will, at his or her own expense, move any
fence or other improvement(s) so as to eliminate the encroachment. Notwithstanding an~~thing to the
contrary in the foregoing, upon receipt ofany written application which is in form and content acceptable
to the Committee in the Committee's-sole and absolute discretion, the Committee may pre-approve a
Builder's plans and specifications for the original construction of a Residence and, in the event of such pre-
approval, the Builder shall then be authorized to construct the pre-approved Residence on different Lots
without further approvals from the Committee.
No fence or screen ofany kind will be permitted if its installation will obstruct necessary site lines
for vehicular traffic. Undue obstruction of view of other amenities from adjoining properties shall be
considered by the Committee when reviewing applications for approval.
Section 7.10 Power of Disapproval The Committee may refuse to grant permission to construct,
place or make the requested improvement with or without cause. Common grounds for denial include, but
are not limited to, a lack or absence of the following:
(A) The plans,specifications, drawings orothermaterialsubmittedmusttltemselvesbeadequate
and complete, show the proposed improvement, and not be in violation of this Declaration; and
(B) The design or color scheme of a proposed improvement must be in harmony with the
general surroundings of the Lot or with adjacent buildings or structures.
Section 7.1 ] Power to Grant Variances The Committee may aflow reasonable variances or
adjustments ofthis Declaration where literal application would result in unnecessary hardship, but any such
variance or adjustment shall be granted in conformity with the general intent and purposes of this
Declaration, no variance or adjustment shall be granted which is materially detrimental or injurious to other
Lots in the Development, and any such variance granted shall not be considered as precedentsetting.
Section 7.12 Statement f Purooses and Powers Subject to this Declaration and the restrictions
contained herein, the Committee shag regulate the external design, appearance, use, location and
maintenance of lands and improvements thereon in such a manner as to preserve and enhance values and
maintain a harmonious relationship among structures. and the natural vegetation and topography, and in
keeping with the intent of the Declarant.
.ARTICLE VIII
CONTIGUOUS LOTS
Section 8.1 Rules Governin Buildine on Several Contie ~s Lots Havin One Owner
Whenever two or more contiguous Lots shall be owned by the same person, and such Owner shall desire to
ttse two or more of said Lots as a site for asingle-dwelling house, such Owner must apply in writing to the
Committee for permission to so use said Lots. If permission for such a use shall be granted, the Lots
constituting the site for such single-dwelling house shall be treated as a single Lot for the purpose of
applying this Declaration to said Lots, so long as the Lots remain improved with one single-dwelling house.
In addition, the Owner must obtain from the City of Carmel all requisite and necessary permits and
approvals.
21
ARTICLE IX
USE AND OWNERSHIP OR COMMON AREA
Section 9.1 Ownershio. A license upon such terms, conditions, rules. and regulations as the
Declarant, and successor, assigns or licensees of the Declarant, shall from time to time grant, for the use and
enjoyment of the Common Area, is granted to the persons who are from time to time members of the
Association; provided, however, that no residential development shall occur in the Common Area. Every
Owner shall have a nonexclusive right and easementof enjoyment in common with all other Owners, in and
to the Common Areas which nonexclusive right and easement ofenjoyment shall be appurtenant to and pass
with the title to every Lot. The Common Areas shall be conveyed by quitclaim deed to the Association.
Such conveyance shall be deemed to have been accepted by the Association and those persons who shall
from time to time be members thereof upon the recording of a deed or deeds conveying such Common Area
to the Association.
Section 9.2 Use. Common Area shall be used for such purposes as deemed appropriate by the
Declarant untiltheendoftheDevelopmentPeriod. FollowingtheendtheDevelopmentPeriod,theCommon
Area shall be used.for such purposes as deemed appropriate bythe Association. Any Common Area depicted
on the recorded plats of the Development or designated by the Declarant as a Common Area shall remain
for the exclusive use ofthe Owner(s), and their family members, guests, tenants, or contract purchaser who
reside on the Lot(s), Neither the Declarant's execution or recording of the plats nor the doing of any other
act by the Declarant is, or is intended to be, or shall be construed as, a dedication to the public of the
Common Area.
ARTICLE X
LONG BRANCH ESTATES HOMEOWNERS ASSOCIATION INC.
Section 10.1 Association Duties. The duties of the Association shall include the following: (i) the
promotion ofthe recreation, health, safety, and welfare ofthe residents in the property, (ii) the maintenance
and repair of the Common Area including, but not limited to, any and all lighting, landscaping, pools,
(...)
amenity areas, the Trail System, and sidewalks located thereon, w the maintenance and repair of any and
all entrance monuments and signage, and the landscaping surrounding such entrances monuments and
signage, (iv) maintenance and repair of all street signage, street lighting, and all- improvements and
landscaping existing in anylandscape maintenance access easement and/or any sign landscape easement,
(v) the performance bf any other obligations and duties of the Association specified herein.
Section 10.2 Board of Directors. The Owners shall elect a Board of Directors of the Association
as prescribed by the Association's Articles and By-Laws. The Board of Directors shall manage the affairs
of the Association. Directors need not be members of the Association.
Section 10.3 Classes ofMembershioandVotineRi~hts.TheAssociationshallhavethefollowing
two classes of voting membership:
(A) Class A. Class A members shall be all Owners with the exception of the Declarant. Class
A members shall be entitled to one (1) vote for each Lot owned. When more than one person holds
an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised
22
as the members holding an interest in such Lot determine among themselves, but in no event shall
more than one vote be cast with respect to any Lot.-
(B) Class B. The Class B member shall bethe Declarant. The Declarant shall be entitled to five
(5) votes for each Lot owned. For purposes of this calculation, it shall be assumed that Declarant
owns all Lots, which number shall be reduced as Lots are conveyed by the Declarant to an Owner.
The Class B membership shall cease and be converted to Class A membership on the happening of
either of the following events, whichever occurs earlier (hereafter "Effective Date"):
(i) December 31, 2010; or
(ii) When the total number of votes outstanding in the Class A Membership is equal to the
total number of votes outstanding in the Class B Membership; provided, however, that the
Class B Membership shall recommence in the eventthatthe Declarant records a platofpart
of or all of the Additional Real Estate and, by virtue thereof, total number of votes
outstanding in the Class A Membership is no longer equal to the total number of votes
outstanding in the Class B Membership.
Section 10.4 Membershio. Initially, the person(s) who serve as incorporators) of the Association
shall be the member(s) (the "Initial Member(s)"). The Initial Member(s) shall remain member(s) of the
Association until the Association Articles of Incorporation are accepted by [he Indiana Secretary of State,
at which time the Initial Member(s) shall cease to be member(s) unless they also qualify as Crass A or Class
B members. Every Owner of a Lot which is subject to assessment steal I be a member of the Association.
Apart from the Initial Member(s), a membership in the Association shall be appurtenant to and may not be
separated from ownership of any Lot.
Section 10.5 Professional Management. No contract or agreement for professional management
of the Association, nor any other contract between Declarant and the Association, shall be for a tenor in
excess ofthree (3) years. Any such agreement or contract steal I provide fortermination by either party with
or without cause and without payment ofany termination fee upon written notice of ninety (90) days or less.
i
Section 10.6 Limitations on Riehts ofthe Association. As long as there is a Class B Member, the
Association imay not use its resources nor take a public position in opposition to future phases of Long
Branch Estates proposed by the Declarant or changes to current phases of Long Branch Estates proposed
by the Declarant. Nothing in this paragraph shall be construed to limit the rights of the members acting as
individuals or in affiliation with other members or groups as long as they do not employ the resources ofthe
Association or identify themselves as acting in the name, or on the behalf ofthe Association.
ARTICLE XI
ASSESSMENTS
Section l 1.1 Creation of Lien and Personal Obli ation of Assessments. Each Owner of any Lot,
except the Declarant and any Builder, by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association the following:
23
(a) Annual Assessments (hereafter defined);
(b) One-Time Assessment (hereafter defined);
(c) Special Assessments (hereafter defined) for costs of enforcement of the Declaration, capital
improvements and operating deficits, copies of Association documents if requested by a member,
and such assessments to be established acid collected as hereinafter provided or established by the
Board; and
(d) Violation Assessments (hereafter defined) levied for a violation of this Declaration.
Section 11.2 Annual Budeet. By majority vote of the Board of Directors, the Board of Directors
shall adoptan annual budget forthe subsequent fiscal year, which shall provide forthe allocation ofexpenses
in such a manner that the obligations imposed by the Declaration and all Supplemental Declarations can
effectively be met.
Section 1 1.3 Annual Assessment.
(A) Amount. The Annual Assessment provided for herein shall be per calendar year and
shall commence for each Lot on the date of closing of the sale of a Lot to an Owner other
than Declarant or a Builder. Until January 1 of the year immediately following the
conveyance of the first Lot to an Owner other than Declarant or a Builder, the maximum
Annual Assessment shall be $675.00 per Lot pecyear. The Annual Assessment for the
calendar year shall be pro-rated to year-end. The Board of Directors shall fix any increase
in the amount ofthe Annual Assessmenfat least thirty (30) days in advance of the effective
date of such increase. The initial due date for annual assessments shall be Janua 1st, and
such assessment shall be subject to collection and late charges beginning on January 31st.
(B) Purpose of Assessments. The annual assessment levied by the Association shall be
used in the reasonable discretion of the Board of Directors to fulfill the duties and
obligations of the Association specified in this Declaration.
(C) Method of Assessment. By a vote of a majority of the Board of Directors, the Board
of Directors shall, on the basis specified in Section 1 1.7 below, fix the Annual Assessment
for each assessment year at an amount sufficient to meet the obligations imposed by this
Declaration upon the Association. The Board during any calendar year shall be entitled to
increase the Annual Assessment for that year if it should determine that the estimate or
current assessment is insufficient for that year, provided that the Board shall give at least
thircy (30) days advance notice thereof to the Owners. The Board of Directors shall
establish the date(s) the Annual Assessment shall become due, and the manner in which it
shall be paid.
Section 1 1.4 One-time Assessment. Upon (i) the closing ofthe initial conveyance of each Lot by
Declarant to an Owner other than a Builder, or (ii) the sale of each Lot by a Builder (eitlier by deed or by
installment sale, conditional sale or land-contract sale), the purchaser of such Lot shall pay to the
Association, in addition to any other amounts then owed or due to the Association, as a contribution to its
working capital and start-up fund, an amount of Two Hundred Fifty Dollars ($250.00) against such Lot,
which payment shall be non-refundable and shall not be considered as an advance payment of any
assessment or other charge owed the Association with respect to such Lot. Such working capital and start-up
fund shall be held and used by the Association for payment of, or reimbursement to Declarant for advances
24
made to pay, expenses of the Association for its early period of operation of the Development, to enable the
Association to have cash available to meet unforseen expenditures, or to acquire additional equipment or
services deemed necessary by the Board.
Section 11.5 Special Assessment. (n addition to such other Special Assessments as may be
authorized herein, the Board of Directors may levy in any year a Special Assessment(s) for the purpose of
enforcing these covenants and restrictions, for legal expenses, for collection expenses, other activity that is
the responsibility of an Owner hereunder but which such Owner has not undertaken as required hereunder,
for defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any
capital improvement which the Association is required to maintain and/or for operating deficits which the
Association may from time to time incur, provided that any such assessment shall have the assent of a
majority or the votes of the members who are voting in person.or by proxy at a meeting duly called for this
purpose.
Section 11.6 Violation Assessment. In addition to all other assessments as be authorized herein,
the Board of Directors may levy a Violation Assessment to an Owner, (i) for a violation against this
Declaration or (ii) for damages if any portion of the Common Area that the Association is obligated to
maintain, repair and/or replace is damaged due to the willful or negligent act or omission of such Owner or
Owner's guest or invitee. In the event of such damage, the Board shell have the right to undertake the
necessary maintenance, repair or replacement. The choice between repair or replacement is in the sole
discretion of the Board.
Section 1 1.7 Basis for Assessment.
(A) Lots Generally. Each Lot owned bya person other than Declarant or a Builder shall be
assessed at a uniform rate without regard to whether a Residence has been constructed upon the Lot.
(B) Lots Owned by Declarant or Builder. Declarant and any Builder shall not pay the Annual
Assessment and Special Assessment so long as any Residence constructed upon a Lot 6y Declarant
or a Builder has not been either conveyed to an Owner intending to occupy or rent said Residence
as a residence or leased [o an individual or an entity for use as a Residence.
Section 11.8 Deficit. The Class A Members shall be indebted to Declarant in an amount, measured
and existing on the~Effective Date, equal to the amount loaned by Declarant to the Association prior to the
Effective Date to fund the Association's operating deficits (the "Indebtedness"). Prior to the Effective Date
the Association, by and thru the Class B Member, shall execute and deliver to the'Declarant a promissory
note in the amount of the Indebtedness, which shall be paid in 60 equal, monthly payments, commencing
thirty (30) days after the Effective Date, together with interest at the rate of eight percent (8%) per annum.
~ ,
Section 1 1.9 Notice an_ d pue pate. ~yritten notice of special assessments and such other assessment
notices as the Board of Directors shall deem appropriate shall be delivered to every Owner subject thereto.
The due dates for all assessments shall be established by the Board of Directors.
Section 11.10 Collection. All Assessments,togetherwith interestthereon, attorneys fees, and other
costs of collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot against
which each Assessment is made until paid in full. Each Assessment, tdgetlter with interest thereon and costs
of collection thereof, including reasonable attorney fees, shall also be the personal obligation of the Person
25
who was the Owner of the Lot at the time when the Assessment became due.
Section 11.11 Effect of NonQavment of Assessments Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date steal I bear interest from the due date at twelve
percent (12%) per annum plus a late charge not exceeding Fifty Dollars ($50.00). The Association shall be
entitled to initiate any lawful action to collect delinquent assessments plus any expenses or costs, including
attorneys' fees, incurred by the Association in col letting such assessment(s). Ifthe Association has provided
for collection of any assessment in installments; upon default in the payment of any one or more
installments, the Association may accelerate payment and declare the entire balance of said assessment due
and payable in full. No Ownermay waive or otherwise avoid I lability fortlte assessment provided for herein
by non-use of the Common Area or abandonment of his Lot.
Section 11.12 Suspension of Privileges of Membership. Notwithstanding any other provision
contained herein, the Board of Directors shall have the right to suspend the voting rights, if any, and the
services to be provided by the Association, together with the rightto use the Common Areas of any member:
(A) for any period during which any of the assessments or any fines/fees assessed under this
Declaration owed by such member remains unpaid;
(B) during the period of any continuing violation of this Declaration; and
(O) during the period of any violation of the Articles of Incorporation, By-Laws, or regulations
of the Association.
Section 11.13 Certificates. The Association shall, upon reasonable request by an Owner, at any
time, furnish a letter in writing signed by an officer of the Association, indicating the accounting status of
assessments on a Lot showing the balance due the Association; if any.
Section 11.14 Subordination ofthe Lien to Mort a es. The lien of the assessments provided for
herein against a Lot shall be subordinate to the lien or any recorded first mortgage covering such Lot and
to any valid tax or special assessment lien on such Lot ih-favor of any governmental taxing or assessing
authority. Sale or transfer of any Lot shall not affect the lien of assessments levied under Phis Article XI:
The sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall,
however, extinguish the lien of such assessments which became due or are attributable to the period of time
prior to such sale or transfer, No sale transfer shall relieve such Lot from liability for any assessments
thereafter becoming due or from the lien thereof.
ARTICLE XII
REMEDIES
Section 12.1 Delav or Failure to Enforce. No delay or failure on the part of any aggrieved party
to.invoke any available remedy with respect to a violation of any one or more of covenants, conditions, and
restrictions in this Declaration shall be held to be a waiver by that patty or an estoppel of that party of any
right availableto such party upon the occurrence, reoccurrence or continuation ofsuch violation orviolations
of this Declaration.
26
Section 12.2 Enforcement by the City or the City's Plan Commission. These Restrictions may be
enforced by the City, the City's Plan Commission, or its successors or assigns, pursuant to whatever powers
or procedures are statutorily available to it for such purposes.
Section 12.3 [n General. The Association or any party to whose benefit this Declaration inures,
including the Declarant and/ot any Owner, may proceed at law or in equity to prevent the occurrence or
continuation of any violation of these Restrictions, or to compel compliance with these Restrictions and
Covenants, and shall be entitled to recover costs of collection and reasonable attorney's fees; however,
neither the Declarant, nor the Association, shall be liable for damages of any kind to any person for failing
either to abide by, enforce, or carry out any terms, conditions, or restrictions contained in this Declaration.
ARTICLE XIII
EFFECT ON BECOMING AN OWNER
The Owner(s) of any Lot subject to this Declaration, by acceptance of a deed conveying title thereto,
or by virtue of the execution of a contract for the purchase thereof, whether from Declarant a Builder, or a
subsequent Owner of such Lot, shall accept such deed and execute such contract subject to each and every
covenant, condition, and restrictions contained in this Declaration. By acceptance ofsuch deed or execution
of such contract each Owner acknowledges the rights and- powers of the Declarant, Committee, and
Association contained in this Declaration, and also, for themselves, their heirs, personal representatives,
successors and assigns, such Owner(s) covenant and agree and consentto and with the Declarant, Committee
and the Association and to and with the other Owners and subsequent Owners of each of the Lots affected
by this Declaration to keep, observe, comply with and perform such covenants, conditions, and restrictions
contained in this Declaration.
ARTICLE XIV
TITLES
The titles preceding the various paragraphs and subparagraphs of this Declaration are for
convenience of reference only and none ofthem shall be used as an aid to the construction of any provisions
of this Declaration. Wherever and whenever applicable, the singular form of any word shall be taken to
mean or apply to the plural, and the masculine form shall by taken to mean or apply to the feminine or to the
neuter.
ARTICLE XV
SEVERABILITY
Invalidation of any one ofthe covenants, restrictions or provisions contained in this Declaration by
judgment or court order shall not in any way affect any of the other provisions hereof, which shall remain
in full forbe and effect. No delay or failure by any person to enforce any ofthe restrictions or to invoke any
available remedy with respect to a violation or violations thereof shall under any circumstances be deemed
27
or held to be a waiver by that person of the right to do so thereafter, or as estoppel of that person to assert
any right available to him upon the occurrence, recurrence or continuation of any violation or violations of
the restrictions.
ARTICLE XVI
AMENDMENT TO THIS DECLARATION
This Declaration and the covenants, conditions and restrictions set forth in this Declaration, as from
time to time amended in the manner hereafter set forth, shall run with the land and shall be binding upon the
persons owning any portion of the Property and all parties closing under them. This Declaration may be
amended or modified at any time by an instrument recorded in the Office of the Recorder of Hamilton
County, Indiana, approved and signed by at least seventy-five percent (75%) ofthe then Owners. Provided,
however, that none of the rights or duties of Declarant reserved or set out hereunder may be amended or
changed without Declarant's prior written approval. Except as prohibited below, this Declaration may also
be amended by Declarant, if it then has any ownership interest in the Property; at any time within four (4)
years after the recordation hereof. Any amendment must be recorded. Neither the Association, the Owners
or Declarant shall effect any of the following changes without the prior written approval oftwo-thirds (2/s)
of the Owners of Lots (excluding Declarant or Builder):
a. By act or omission seek to abandon; partition, subdivide, encumber, sell or transferthe Common
Area owned directly or indirectly by the Association for the benefit of the Owners. The granting of
easements for public utilities or other public purposes consistentwith the intended use of the Common Area
owned by the Association by the Dwelling Unit Owners is not a transfer in the meaning of this, clause;
b. Fai l to maintain fire and extended coverage on insurable Common Area owned by the Association
on a current replacement cost basis in an amount at least one hundred percent (100%) ofthe insurable value
(based on icurrent replacement costs);
c. Use hazard insurance proceeds for losses to any Common Area owned by the Association for
other than the repair, replacement, or reconstruction of the Common Area owned by the Association.
ARTICLE XVII
RIGHT OFFIRST REFUSAL
The AssociationDOESNOThaJethe"right of first refusal"to purchase any Lot. Any right of"right
offirst refusal" subsequently granted to the Association through amendment ofthe Declaration, Association
Articles of Incorporation, Association By-Laws or any other document governing the development and
administration ofthe Property must receive the priorwritten approval ofthe Federal Housing Administration
or Secretary of the Department of Housing and Urban Development. Any "right of first refusal"
subsequently added in the Declaration, Association Articles of Incorporation, Association By-Laws or any
other document governing the development and administration of the Property must not impair the rights
of a first mortgagee to:
28
a. Foreclose or take title to a Residence and the Lot upon which the Residence is situated, pursuant
to the remedies in the mortgage;
b. Accept a deed or assignment in lieu of foreclosure in the event of default by a mortgagor; or
c. Sell or lease a unit acquired by the mortgagee.
IN TESTIMONY WHEREOF, witness the signature of the Declarant ofthis Declaration as ofthe date first
above written.
DECLARANT:
NORTHSIDE INVESTMENTS, LLC,
An Indiana limited liability company
By: PLATINUM PROPERTIES, LLC,
Managing Member
r
By: ~L~s•-~~, ,,t,,f~
Steven R. Edwards, Vice President-
Chief Financial Officer
STATE OF INDIANA
COUNTY OF /vi/}n lp,.~,/ ~ SS:
)
Before me, a Notary Public, in and for said County and State, personally appeared Steven R.
Edwards, Nice President-Chief Financial Officer of Platinum Properties, LLC, the Managing Member of
Northside Investments, LLC, an Indiana limited liability company, as the Declarant herein, and
acknowledged the execution ofthe foregoing Declaration ofCovenants, Conditions, and Restrictions of Long
Branch Estates this Z`frx day of /Jpt.~yv~ q-~? , 200,1.
My Commission Expires: , ',~
/~o e~' 11 ~u' ~ ~ Notary Public.
Resident of Am~~f.:,J County, Indiana Printed: _ t i-~rnasile` ~/. G(1A~t.'
This Instrument Prepared by: Charles D, Frankenberger, Nelson & Frankenberger, 3021 E. 98th Street,
Suite 220, Indianapolis, IN 46280 - (317) 844-0106
29
Exhibit A
SECTION ONE DESCRIPTION
Part of the South Half of the Southeast Quarter and part of the Northwest Quarter of the
Southeast Quarter of Section 31, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
BEGINNING at the Southwest corner of the Southeast Quarter of said Section 31;
thence North 00 degrees 14 minutes 35 seconds East (assumed bearing) along the
West line of the said Southeast Quarter 1576.82 feet; thence South 89 degrees 45
minutes 25 seconds East 344.99 feet; thence South 11 degrees 43 minutes 06 seconds
West 100.00 feet; thence South 78 degrees 16 minutes 54 seconds East 200.00 feet;
thence South 11 degrees 43 minutes 06 seconds West 6.33 feet; thence South 78
degrees 16 minutes 54 seconds East 139.02 feet; thence South 14 degrees 41 minutes
14 seconds West 200.00 feet; thence North 75 degrees 18 minutes 46 seconds West
13.23 feet; thence South 14 degrees 41 minutes 14 seconds West 150.00 feet; thence
South 75 degrees 18 minutes 46 seconds.East 496.33 feet; thence South 89 degrees 52
minutes 38 seconds East 82.86 feet; thence South 61 degrees 00 minutes 33 seconds
West 121.73 feet; thence South 34 degrees 40 minutes 11 seconds West 50.00 feet;
thence South 07 degrees 10 minutes 11 seconds West 131.11 feet; thence South 20
degrees 19 minutes 49 seconds East 50.00 feet; thence South 47 degrees 49 minutes
49 seconds East 131.11 feet; thence South 75 degrees 19 minutes 49 seconds East
50.00 feet; thence North 83 degrees 59 minutes 06 seconds East 160.05 feet; thence
South 74 degrees 07 minutes 27 seconds East 154.15 feet; thence South 89 degrees 52
minutes 38 seconds East 190,00 feet; thence South 81 degrees 29 minutes 07 seconds
East 115.29 feet; thence North 88 degrees 53 minutes 57. seconds East 83.42 feet;
thence South 01 degrees 06 minutes 03 seconds East 40.00 feet; thence South 08
degrees 16 minutes 54 seconds East 200.00 feet to anon-tangent curve to the right
having a radius of 315.00 feet, the radius point of which bears North 08 degrees 16
minutes 54 seconds West; thence Westerly along said curve 19.02 feet to a point which
bears South 04 degrees 49 minutes 21 seconds East from said radius point; thence
South OS degrees 50 minutes 20 seconds East 151:66 feet; thence South 00 degrees 20
minutes 38 seconds East 120.00 feet to the South line of the Southeast Quarter of
Section 31; thence South 89 degrees 39 minutes 22 seconds West along said South line
1856.84 feet to the POINT OF BEGINNING, containing 40.719 acres, more or less.
Exhibit B (1 of 2)
SECTION TWO DESCRIPTION
Part of the South Half of the Southeast Quarter and part of the Northwest Quarter of the
Southeast Quarter of Section 31, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southwest corner of the Southeast Quarter of said Section 31;
thence North 89 degrees 39 minutes 22 seconds East (assumed bearing) along the
South line of.said Southeast Quarter 1856.84 feet to the POINT OF BEGINNING; thence
North 00 degrees 20 minutes 38 seconds West 120.00 feet; thence North 05 degrees 50
minutes 20 seconds West 151.66 feet to anon-tangent curve to the left having a radius
of 315.00 feet, the radius point of which bears North 04 degrees 49 minutes 21 seconds
West; thence Easterly along said curve 19.02 feet to a point which bears South OS
degrees 16 minutes 54 seconds East from said radius point; thence North 08 degrees 16
minutes 54 seconds West 200.00 feet; thence North 01 degrees 06 minutes 03 seconds
West 40.00 feet; thence South 88 degrees 53 minutes 57 seconds West 83.42 feet;
thence North 81 degrees 29 minutes 07 seconds West 115.29 feet; thence North 89
degrees 52 minutes 38 seconds West 190.00 feet; thence North 74 degrees 07 minutes
27 seconds West 154.15 feet; thence South 83 degrees 59 minutes 06 seconds West
160.05 feet; thence North 75 degrees 19 minutes 49 seconds West 50.00 feet; thence
North 47 degrees 49 minutes 49 seconds West 131.11 feet; thence North 20 degrees 19
minutes 49 seconds West 50.00 feet; thence North 07 degrees 10 minutes 11 seconds
East 131:11 feet; thence North 34 degrees 40 minutes 11 seconds East 50.00 feet;
thence North 61 degrees 00 minutes 33 seconds East 121.73 feet; thence North 89
degrees 52 minutes 38 seconds West 82.86 feet; thence North 75 degrees 18 minutes
46 seconds West 496.33 feet; thence North 14 degrees 41 minutes 14 seconds East
150.00 feet; thence South 75 degrees 18 minutes 46 seconds East 13.23 feet; thence
North 14 degrees 41 minutes 14 seconds East 200.00 feet; thence South 75 degrees 18
minutes 46 seconds East 106;39 feet; (hence North 01 degrees 43 minutes 08 seconds
West 24.84 feet; thence South 89 degrees 26 minutes 10 seconds East 343.49 feet;
thence North 67 degrees 24 minutes 32 seconds East 180:91 feet; thence South 89
degrees 52 minutes 38 seconds East 50:16 feet to the East line of the Northwest
Quarter of the Southeast Quarter of Section 31; thence South 00 degrees 07 minutes 22
seconds West along said East line 141.99 feet to the Northwest corner of the Southeast
Quarter of the Southeast Quarter of said Section 31; thence North 89 degrees 41
minutes 14 seconds East along the North line of said Quarter Quarter Section 1319.00
feet to the Northeast corner thereof; thence South 00 degrees 00 minutes 09 seconds
West along the East line of said Quarter Quarter Section 1315.58 feet to the Southeast
corner of the Southeast Quarter of said Section 31; thence South 89 degrees 39 minutes
22 seconds West along the South line of said Southeast Quarter 786.70 feet to the
POINT OF BEGINNING, containing 43.285 acres, more or less.
Exhibit B (2 of 2)
SECTION THREE DESCRIPTION
Part of the Northwest Quarter of the Southeast Quarter of Section 31, Township 18
North, Range 3 East in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southwest corner of the Southeast Quarter of said Section 31;
thence North 00 degrees 14 minutes 35 seconds East (assumed bearing) along the
West line of said Southeast Quarter 1576.82 feet to the POINT OF BEGINNING; thence
continuing North 00 degrees 14 minutes 35 seconds East 1057.30 feet to the Northwest
corner of said Southeast Quarter; thence North 89 degrees 43 minutes 06 seconds East
along the North line of the Northwest Quarter of said Southeast Quarter 1316.23 feet to
the Northeast corner of the Northwest Quarter of said Southeast Quarter; thence South
00 degrees 07 minutes 22 seconds West along the East line of said Quarter Quarter
Section 1174.32 feet; thence North 89 degrees 52 minutes 38 seconds West 50.16 feet;
thence South 67 degrees 24 minutes 32 seconds West 180.91 feet; thence North 89
degrees 26 minutes 10 seconds West 343.49 feet; thence South 01 degrees 43 minutes
OS seconds East 24.84 feet; thence North 75 degrees 18 minutes 46 seconds West
106.39 feet; thence North 78 degrees 16 minutes 54 seconds West 139.02 feet; thence
North 11 degrees 43 minutes 06 seconds East 6.33 feet; thence North 78 degrees 16
minutes 54 seconds West 200.00 feet; thence North 11 degrees 43 minutes 06 seconds
East 100.00 feet; thence North 89 degrees 45 minutes 25 seconds West 344.99 feet to
the POINT OF BEGINNING, containing 35.619 acres, more or less.