HomeMy WebLinkAboutCorrespondence7. -6,- 2 010
Carmel Planning Commission
Atten.: Angie Conn
Re: Brookshire Village Brompton Rd. stop work order
To whom it may concern:
This letter is to serve as notification that 75% of the Brookshire Village Homeowners
Assoc. did approve, by written and notarized votes, the amended neighborhood
covenants, and the building setbacks on lots 79 and 81 encroaching into the platted
building setback lines along Gray Road. The general meeting finalizing the vote was
held on May 5, 2009.
We appreciate your prompt response to this letter. If you have questions, please
contact board president, Jan Douglas at 815 -4804
Sincerely,
Douglas 11
V/�rC (r JO U4 �QS J
Homeowners Association
P. 0, Box 202
Carmel, IN 46082
Jan Douglas
4639 Aldersgate
Carmel, Indiana 46033
July 2, 2010
Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, July 06, 2010 4:04 PM
To: 'Jan Douglas'
Cc: 'apotasnik @gmail.com'
Subject: FW: stop work order for Brookshire village, section 2, lots 79 81
FYI
-Angie Conn, Planning Administrator
From: Druley, Elizabeth A
Sent: Tuesday, July 06, 2010 3:59 PM
To: Hohlt, William G; Weddington, Trudy A.; Mishler, Nicholas F
Cc: Conn, Angelina V; Hollibaugh, Mike P; Blanchard, Jim E
Subject: RE: stop work order for Brookshire village, section 2, lots 79 81
I looked up both addresses which have 2006 permits that are still outstanding. 1 don t show that we ever issued a stop
work order, but 1 did red -flag the builder for non compliance with the ordinance. W wiirbe abieissu
to e thec /o san
complete,t pr cts onceathexftnahnspectto "ns ar. an re
f" `�'�e�passed�anct.alt,fees, are >pa►tlilfo "r: Once.that�istdone:,the�hold
can>tlien:be'Isftetl If you have any questions please feel free to give me a call.
Thanks,
Nth u1ey
The City of Carmel
Building and Code Services
(317) 571 -2449
Please consider the environment before printing this e-mail
From: Conn, Angelina V
Sent: Tuesday, July 06, 2010 3:40 PM
To: Blanchard, Jim E
Cc: Hollibaugh, Mike P; Hohlt, William G
Subject: stop work order for Brookshire village, section 2, Tots 79 81
Hi Jim our dept has everything we need for this. can you please lift the stop work order now?
The addresses are 12341 and 12367 Brompton Rd.
Thanks.
Angie Conn, Planning Administrator
City of Carmel Planning Zoning Dept
1 Civic Square, 3rd Flr
Carmel, IN 46032
0: 317- 571 -2417
F: 317 571 -2426
E: aconn@ carmel.in.aov
W: Website
Please consider the environment before printing this e -mail
1
Conn, Angelina V
From: Conn, Angelina V
Sent: Thursday, July 01, 2010 9:37 AM
To: 'apotasnik @gmail.com'
Cc: 'Jan Douglas'; Blanchard, Jim E
Subject: RE: Brookshire Village question
Hi Alan
after speaking with Mike Hollibaugh, it looks like our dept just needs an official Letter from the brookshire village HOA
stating that they voted on [date] to approve the building setbacks to have the building additions on lots 79 and 81
encroaching into the platted building setback lines along gray road, and that 75% of the neighbors voted in favor of that,
(per the neighborhood covenants and restrictions).
Also, we need a copy of a check or receipt that showed that monies were paid to the HOA in fees /damages from the
bank or the homeowner (the monetary settlement).
Thanks,
-Angie Conn, Planning Administrator
From: Conn, Angelina V
Sent: Wednesday, June 30, 2010 4:15 PM
To: 'apotasnik @gmail.com'
Subject: RE: Brookshire Village question
Good afternoon, Alan
Mike was not able to get back with me today (he is a busy guy!). I hope it is okay if I call you tomorrow late morning.
-Angie Conn, Planning Administrator
From: apotasnik @gmail.com [mailto:apotasnik gmail.com]
Sent: Wednesday, June 30, 2010 9:58 AM
To: Conn, Angelina V
Subject: Re: Brookshire Village question
Angie, Thank You!
On Jun 30, 2010 9:42am, "Conn, Angelina V" <Aconn @carmel.in.gov> wrote:
Hi Alan I got your voicemail message. I am meeting
with Mike Hollibaugh, today, to verify some things about the 2 properties with
the stop work orders, and then I will then give you a call.
Thanks for your patience!
Angie
Conn, Planning
Administrator
Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, June 22, 2010 3:46 PM
To: 'Jan Douglas'
Cc: Blanchard, Jim E; Hollibaugh, Mike P
Subject: RE: 12367 Brompton Road, Carmel, IN 46033 (Brookshire Village)
Hi, Jan The Planning /Zoning Dept will need documentation of the vote taken at your HOA meeting,
regarding 75% of the members voted to approve the new building setback. Please provide us with the date of
that meeting, a copy of the meeting minutes, or anything that documents that the vote was officially cast.
Also, the Planning Zoning dept will need documentation about the monetary settlement from the builder to
your HOA.
Also, I went back into my notes and found an excerpt from the Nov. 20, 2007 Plan Commission meeting
minutes:
"At this time, the Legal Counsel Report was expanded as follows: Previously the Executive Committee approved three
items for litigation. Regarding the Brookshire Village Home Renovation situation, the Legal Department of the City has
determined that it will not be necessary to initiate litigation to resolve this issue. Mike Hollibaugh explained that the
HOA had reached a monetary settlement with the builder. Additionally, the builder is in the process of obtaining
approval from the Subdivision itself to modify a setback that they had violated. Once this is done, there needs to
be 75 of the votes of the Subdivision to approve the setback. When that is accomplished, the Department can
sign -off on the Secondary Plat. The Department has not totally signed off on the monetary agreement because the
design of the elevations of one of the buildings was not acceptable. Recommendations were made and the builder
has agreed to those recommendations in an email."
So, just to make sure, I will need to verify with the Planning Director that our Dept. does NOT now need the
Secondary Plat/Replat signed and recorded.
Thank you,
Angie Conn, Planning Administrator
City of Carmel Planning Zoning Dept
1 Civic Square, 3rd Fir
Carmel, IN 46032
0: 317 571 -2417
F: 317- 571 -2426
E: aconn(acarmel.in.00v
W: Website
Please consider the environment before printing this e -mail
From: Jan Douglas [mailto:janindy @hotmail.com]
Sent: Tuesday, June 22, 2010 3:26 PM
To: Blanchard, Jim E; Conn, Angelina V; rhaney @tnovagroup.com; Donald Pickett
Subject: 12367 Brompton Road, Carmel, IN 46033
Mr. Blanchard:
Thank you.
1
Please be advised that First Horizon Bank has approved funds for the external repair of the above
mentioned house that when completed will satisfy the requirements of the Covenants and ByLaws of the
Brookshire Village HOA. We are requesting that you release the stop work order and allow them to pursue
the proper building permits to complete this work as soon as possible.
Jan Douglas, President
Brookshire Village HOA
ianindy@hotmail.com
Hotmail has tools for the New Busy. Search, chat and e-mail from your inbox. Learn more.
Kevin Heber asked about the Department's opinion regarding the minimum building separation in the urban
section -30 feet?
Adrienne Keeling noted that this had not been discussed until the last meeting. The Department would have
preferred to omit it; Carol Schleif indicated that there might be some building code issues that require the
separation.
Carol Schleif explained that the international building code now requires 30 -foot building separations or do
some major hoop jumping to protect windows, i.e. roll -down metal shutters, sprinkle the buildinb a lot of
things if you are less than 30 feet —it used to be 20 feet. One thing in the City Code is that multi family and
similar buildings need to be spaces equal to the height of the building. We went from 42 to 60 feet, and we
cut that in half.
John Molitor, Legal Counsel commented that the Ordinance does contain the 35% possibility of waivers to
be granted by this body in cases of superior design. Even the 30 -foot rule could be waived essentially down
to 19 one -half feet by this body upon proof by a petitioner that it is a superior design element.
Carol Schleif made formal motion to forward Docket No. 07050023 OA, Monon Trail Overlay Zone to
the City Council with a favorable recommendation, seconded by Sally Shapiro, Approved 10 -0.
John Molitor recommend that the Executive Session scheduled at the conclusion of the Commission meeting
be cancelled, since Tom Perkins, Assistant City Attorney could not be present as planned.
Leo .Dierckrnan made formal motion to cancel the Executive Session, seconded by Rick Ripma, Approved
10 -0.
At this time, the Legal Counsel Report was expanded as follows:
Previously the Executive Committee approved three items for litigation. Regarding the Brookshire Village
Home Renovation situation, the Legal Department of the City has determined that it will not be necessary to
initiate litigation to resolve this issue.
Mike Hollibaugh explained that the HOA had reached a monetary settlement with the builder. Additionally,
the builder is in the process of obtaining approval from the Subdivision itself to modify a setback that they
had violated. Once this is done, there needs to be 75% of the votes of the Subdivision to approve the
setback. When that is accomplished, the Department can sign -off on the Secondary Plat.
The Department has not totally signed off on the monetary agreement because the design of the elevations of
one of the buildings was not acceptable. Recommendations were made and the builder has agreed to those
recommendations in an email.
The second item involved a group home for autistic children located in a residential subdivision. Again, the
Plan Commission authorized the Legal Dept. to initiate litigation on behalf of the Plan Commission to
enforce the Subdivision covenants and restrictions in respect to a commercial use which is in violation to
those covenants and restrictions —not in violation of the Ordinance because the Ordinance is now pre-
empted by State Statute. This issue is still pending within the City Legal Dept. There are two issues —one
is the amount of staff time available to address this, and the second is a budget issue. This mater will not be
pursued until after the first of January, 2008.
S: /P1anCommission /Minutes /PC /2007nov20
ONE CIVIC SQUARE
CARMEL, INDIANA 46032 317/571 -2417
14
Special Studies Report, Steve Stromquist: The Committee concluded that this proposal is NOT spot zoning.
The type of occupant was discussed —there are several different possibilities and the petitioner committed to
limiting the land use to general office, retail, and professional office and retail, not including medical office.
The Committee voted 5 -0 to forward this item with a positive recommendation.
Steve Stromquist made formal motion to forward Docket No. 07070037 Z, Dixie Highway Addition, lot 5 pt
to the City Council with a positive recommendation, seconded by Madeleine Torres, Approved 10 -0.
5I. (Docket No. 07090002 OA) Ordinance Z- 511 -07:
(As amended and approved by City Council)
US 31 421 Overlay Architectural Design Amendment
Petition to Amend the Zoning Ordinance, Chapter 23B: US Highway 31 Corridor Overlay
Zone and Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone, in order
to amend the Architectural Design Requirements.
Filed by the Carmel Department of Community Services.
Adrienne Keeling, Department of Community Services appeared before the Commission representing the
applicant. This item has already been reviewed and certified this item to the City Council. At last evening's
Council meeting, and as a result of discussion at Council's Land Use and Annexation Committee, some
minor modifications were requested to one section of this Ordinance, Z- 511 -07.
Amendments made by the Council are found on page 3 of the Ordinance and also included in the
Department Reports. The Plan Commission is required to review the Amendments and either approve or
return the document to Council with additional recommendations. If this item is approved this evening, the
Ordinance will go into effect immediately.
Jay Dorman questioned building heights against residential uses —do we need to put a cap on that?
Adrienne Keeling explained that in the Amendment that was approved last evening at Council, the wording
has been changed; further, there is already a maximum height requirement of 30 feet —an additional 8 feet
shall be permitted to accommodate roof structures, mechanical penthouses, etc.
Carol Schleif made formal motion to approve Ordinance Z- 511 -07, seconded by Stromquist, Approved 10 -0.
6I. Docket No. 07050023 OA: Monon Trail Overlay Zone
The applicant seeks to adopt Chapter 23H: Monon Trail Overlay Zone into the Carmel
Zoning Ordinance. Filed by the Carmel Department of Community Services.
Adrienne Keeling, Department of Community Services appeared before the Commission representing the
applicant. Included in a separate mailing following a Special Subdivision Committee meeting, Commission
members would have received two sets of a new draft —one redline, one not.
The Subdivision Committee made some changes and exceptions to the draft. Basically, an Overlay is being
proposed for the entire length of the Monon Trail. Within the Overlay, there are two distinct sections —the
urban and the natural section. Within those sections, between Carmel Drive and Main Street is generally the
Urban Section; anything extending north of that —most of Old Town or south of City Center Drive is
generally the natural section. There are varying and distinct setbacks and building heights, and landscaping
development standards that are separate and distinct for both of the areas.
S: /P1anCommission /Minutes /PC /2007nov 20
ONE CIVIC SQUARE
CARMEL, INDLANA 46032 317/571 -2417
13
Conn, Angelina V
From: Lux, Pamela K
Sent: Thursday, March 18, 2010 2:53 PM
To: Tingley, Connie S; Hollibaugh, Mike P; Stewart, Lisa M; Martin, Candy; Boone, Rachel M.;
Blanchard, Jim E; Liggett, Brent E; Schriner, Adam J; Hohlt, William G; Miser, Craig; Mishler,
Nicholas F; Druley, Elizabeth A; Weddington, Trudy A.; Mast, Darren; Conn, Angelina V
Subject: RE: 2 Stop Work Orders posted -12367 Brompton Rd.
Follow Up Flag: Follow up
Due By: Friday, March 19, 2010 3:00 PM
Flag Status: Flagged
Thank you. I spoke with Angie before we posted this. She let us know about this. If you need anything, please let us know.
Pam
From: Tingley, Connie S
Sent: Thursday, March 18, 2010 2:49 PM
To: Lux, Pamela K; Hollibaugh, Mike P; Stewart, Lisa M; Martin, Candy; Boone, Rachel M.; Blanchard, Jim E; Liggett,
Brent E; Schriner, Adam J; Hohlt, William G; Miser, Craig; Mishler, Nicholas F; Druley, Elizabeth A; Weddington, Trudy A.;
Mast, Darren; Conn, Angelina V
Subject: RE: 2 Stop Work Orders posted- -12367 Brompton Rd.
Docket No 07060026 SP Replat was filed in June 2007 to replat lots 79 &81, 12341 12367 Brompton Road, for the
purpose of adjusting building setback lines.. The item was to be reviewed and approved administratively. The variance
was never pursued nor paid. It was filed by Matt Skelton of Baker Daniels. Matt is no longer at Baker Daniels, so I do
not know who has the file.
ct
From: Lux, Pamela K
Sent: Thursday, March 18, 2010 2:34 PM
To: Hollibaugh, Mike P; Stewart, Lisa M; Martin, Candy; Boone, Rachel M.; Tingley, Connie S; Blanchard, Jim E; Liggett,
Brent E; Schriner, Adam 3; Hohlt, William G; Miser, Craig; Mishler, Nicholas F; Druley, Elizabeth A; Weddington, Trudy A.;
Mast, Darren; Conn, Angelina V
Subject: 2 Stop Work Orders posted- -12367 Brompton Rd.
Good Afternoon—
Jim Blanchard posted two stop work orders for 12367 Brompton Rd. one for building without a permit -the other requiring
property owner to seek variance for re -plat of parcel due to encroachment. If you have any questions, please let us know.
Thanks
Pam Lux
City of Carmel
Building and Code Services
1
Conn A
From: Conn, Angelina V
Sent: Wednesday, July 11, 2007 8:33 AM
To: 'Skelton, Matthew S.'
Cc: Hollibaugh, Mike P; miked @deboyland.com; 'jmolitor @prodigy.net; Stewart, Lisa M
Subject: Re: Docket No. Assignment: (SP Replat) Brookshire Village, Sec 2, lots 79 81
(07060026 SP Replat)
Attachments: signature block examples.pdf
Matt
Upon further review of the replat, the Department will not approve the secondary plat/replat
filed for lots 79 81 in Brookshire Village, section 2, which would move the original platted
building setback line shown on the subdivision plat unless you provide documentation that
you have obtained approval from 75% of the owners in the subdivision, pursuant to the
covenants recorded with the original plat, signed and dated on Sept. 18, 1978. Once this
information is received, the replat can then be signed by the Director for recordation.
Or, if the property owners of lots 79 81 desire, they may file for a public hearing on their
secondary plat amendment, which would be heard by the executive committee (which serves
as the Plan Commission's plat committee under the Commission's rules). The petitioners
would have to give 25 days public notice of the hearing (which would result in a hearing
sometime in mid- to late August). The executive committee would then hear the replat issue
and vote upon the replat.
Please let Staff know your intentions, so that the proper steps can be taken.
For more info, please see Article XI. Section 3.0 of the plan commission rules of procedure.
Angie Conn, Planning Administrator
Dept. of Community Services Planning Zoning
1 Civic Square, 3rd Floor
City of Carmel, IN 46032
p. 317- 571 -2417 f. 317- 571 -2426
aconn(a carmel.in.gov
From: Conn, Angelina V
Sent: Thursday, June 28, 2007 1:17 PM
To: Stewart, Lisa M
Cc: 'Skelton, Matthew S.'; Michael L. DeBoy; Brennan, Kevin S; Brewer, Scott I; Hancock,
Ramona B; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W;
Tingley, Connie S; Coy, Sue E
Subject: Docket No. Assignment: (SP Replat) Brookshire Village, Sec 2, lots 79 81 (07060026
SP Replat)
I have issued the necessary Docket Number for (SP Replat) Brookshire Village, Sec 2, Tots 79
81. It is the following:
Docket No. 07060026 SP Replat: Brookshire Village, Sec 2, lots 79 81
SP Replat Application Fee:
$111 per lot x 2
Total Fee:
$277.50
222.00
$499.50
Conn, Angelina V
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi, Matt attached is the scanned portion of the covenants recorded with the section 2 plat that we have on file.
I have highlighted the pertinent sections referring the platted BSL and the enforcement of the covenants. Please
contact John Molitor or Tom Perkins for further clarification.
John can also explain the plat committee option.
Thanks,
Angie Conn, Planning Administrator
Dept. of Community Services Planning Zoning
1 Civic Square, 3rd Floor
City of Carmel, IN 46032
p. 317 -571 -2417 f. 317- 571 -2426
aconn a carmel. in.gov
From: Skelton, Matthew S. mailto:Matt.Skelton @bakerd.com]
Sent: Friday, July 13, 2007 4:11 PM
To: Conn, Angelina V
Cc: Hollibaugh, Mike P; jmolitor @prodigy.net
Subject: RE: Docket No. Assignment: (SP Replat) Brookshire Village, Sec 2, lots 79 81 (07060026 SP Replat)
Angie:
Please give me a call to discuss this at your earliest convenience. I have a couple follow up questions.
Thanks, Matt
Matthew S. Skelton, AICP
Attorney at Law
BAKER DANIELS LLP
Indiana i Washington, D.C. i China
Direct Phone: 317.569.4835
Fax: 317.237.8495
Carmel Office (mailing address):
600 E. 96th Street, Suite 600
Indianapolis, IN 46240
Noblesville Office:
970 Logan Street
Noblesville, IN 46060
Conn, Angelina V
Monday, July 16, 2007 10:00 AM
'Skelton, Matthew S.'
Hollibaugh, Mike P; jmolitor @prodigy.net; Perkins, Tom D
RE: Docket No. Assignment: (SP Replat) Brookshire Village, Sec 2, lots 79 81 (07060026
SP Replat)
Fiery X3e1104.pdf
1
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I, the undersigned. being a duly Registered Land Surveyor in the State of Indiana, hereby certify the within
plat to be true and correct, representing a subdivision of Part of the Northeast Quarter of Section 32, Township
18 North, Range 4 East in Hamilton County. Indiana. more particularly described as follows:
Beginning at a point on the East line of the Northeast Quarter of Section 32, Township 18 North, Ranee 4
East, which is 600.00 feet South 00 degrees 00 minutes 00 seconds (assumed bearing) of the Northeast corner
of said Northeast Quarter; thence North 89 degrees 40 minutes 30 seconds West parallel with the North line of
said Northeast Quarter 600. 00 feet to a point on the East line of Brookshire Village, First Section, Replat. as
recorded in Plat Book 6, pages 59 -61 in the Office of the Recorder of Hamilton County, Indiana; the next four
calls are along the Eastern boundary of said Brookshire Village, First Section, 1) thence South 00 degrees 00
minutes 00 seconds 393.39 feet; 2) thence South 90 degrees 00 minutes 00 seconds Fast 130,00 feet: 3) thence
South 00 degrees 00 minutes 00 seconds 400,_00 feet; 4) thence North 90 decrees 00 minutes 00 seconds West
30. 00 feet: thence South 00 degrees 00 minutes 00 seconds 93,6e feet; thence South 90 degrees 00 minutes 00
seconds East 499. 99 feet to a point on the Fast line of the said Northeast Quarter; thence North 00 degrees 00
minutes 00 seconds on and along said East line 883, 67 feet to the place of beginning containing 10. 786 acres.
more or less. Subject to all legal easements and rights of way.
This subdivision consists of 41 lots, numbered from 64 through 104, bath inclusive, Block "A "and streets as shown
hereon. The size of lots and width of street are shown in figures denoting feet and decimal parts thereof.
Witness my signature this /y day of a1��leSeptitde'es-
see
Allan H. Weihe, Reg. L. S Indiana 1110398
19 19
The undersigned, Brookshire Village Company, an Indiana Partnership by Charles A, Pechette,
and Edwin R. Nickell, partners, being the owner of the above described real estate, do hereby
lay off, plat and subdivide the same into lots, common properties, walkways, and other facilities for the bene-
ficial use and enjoyment thereof:
This subdivision shall be known and designated as BROOKSHIRE VII.IAsIE, SECOND SECTION, a subdivision
in Hamilton County, Indiana. All streets and alleys shown and not heretofore dedicated, are hereby dedicated to
the public.
i, Lots designated upon the plat as lots numbered 64 through 104, inclusive, are hereby reserved
for single family, residential use, and shall be erected thereon living units containing not less
than 1, 100 square feet to the case of a one -story structure or 640 square feet of around floor area
in the case of a higher than one -story structure, exclusive of garages, open porches and pat ios.
2. Said property is hereby restricted to residential dwellings for residential use. All buildings or
structures erected upon said property shall be of a new construction and no buildings or structures
shall be moved from other locations onto said property and no subsequent buildings or structures
other than single family homes joined together by a common exterior wall. or storage structure
shall be constructed, No trailer, tent, shack, basement, oarape, barn or other outbuilding or
temporary structure shall he used far temporary or permanent residential purposes on any lot
in this addition and no boat, trailer, disabled vehicle, or camper of any kind, but not limited to,
at the discretion of the Brookshire Homeowners Association, shall he kept or parked upon said
lot except within a garage or other approved structure.
Each lot shall be conveyed as a separately designated and legally ceseribed freehold estate subject
to the terms, conditions, and provisions hereof.
4, Front yard building setback lines are hereby established as shown on this plat, between which
lines and the property lines of the street there shall he erected or maintained no building or
structure.
5, No sign of any kind shall be displayed to the public view on any dwelling Iot, except one sign
not more than five square feet, advertising the property for sale or rent, nor shall said property
be used in any way for any purpose which may endanger the health or unreasonably disturb the
owner of any dwelling or any resident thereof. No business activities of any kind whatsoever
shall be conducted in any building or in any portion of said property; provided, however, the
foregoing Covenants shall not apply to the business activities. signs and billboards on the con-
struction and maintenance of buildings, if any, of the Declarant. its agents and assigns during
the construction and sale period and of Brookshire Village Homeowners Association, its
successors and assigns in furtherance of its powers and purposes as hereinafter set forth.
6. Air rights easements for wall irregularities and extension roofs, eaves, overhangs, fixtures.
and overlaps which are a part of the initial architectural design and construction of buildings
upon the lots in this addition, are hereby reserved; however, any utilization of such air right
easement, following transfer of title to a single lot, shall be• undertaken upon approval of the
Architectural Committee as hereinafter more particularly set forth in paragraph 11 below.
7 The boundaries of each lot in Brookshire Village shall be as shown on the plat, provided,
however, in the event the vertical boundary line of any house or structure appurtenance
thereto does not Coincide with the artual lnt line fnr whatever rNAcnn the h.,,,nd r.i. l;nnc
12. Each wall is built as a part of the original construction of the homes upon the properties
and connects two dwelling units shall constitute a party wall and to the extent not inconsist-
ent with the provisions of these Restrictions, the general rules of law regarding maintenance
of party walls and liability for property damage due to negligence or willful acts or omissions
shall apply thereto.
13. Common properties as shown on the plat are reserved for the common use and enjoyment
of the owners of lots in this addition, thei,1 families and invitees, subject to rules and regula-
tions governing such use and enjoyment as may be adopted by Brookshire Village Homeowners
Association, its successors, or assigns. All land depicted upon the plat which is not a
numbered lot or otherwise specifically designated. is hereby declared a designated common
property, but shall not be dedicated to public use.
14. "Enforcement of these covenants and restrictions shall be by any proceeding at law or in
equity against any person or persons violating or attempting to violate any covenant or
restriction either to restrain violation or to recover damages and against the land to
enforce any lien created by these covenants Or covenants contained in said Declaration of
Covenants and Restrictions; and failure by Brookshire Village Homeowners Association,
and the Carmel City Plan Commission, its successors or assigns
15. Invalidation of any one of these covenants or restrictions by judgment or Court order shall
in no wise affect any other provisions which shall remain in full force and effect.
16- These covenants and restrictions shall run with and bind the land, and shall insure to the
benefit of and be enforceable by Brookshire Village Homeowners Association, or the owner
of any lot in this addition, their respective legal representatives, heirs, successors and
assigns, for a term of 20 years from the date this plat is recorded, after which time said
covenants and restrictions shall be automatically extended for successive periods of ten
(10) years unless an instrument signed by at Ieast 90% during the first 20 years and 75%
thereafter of the then owners of the lots has been recorded, agreeing to change said covenants
and restrictions in whole or in part.
Owner and Subdivider:
BROOKSHIRE VTLTAGE COMPANY
By
By
Charles A. Pechette, Partner
Edwin R. Nickell, Partner
STATE OF INDIANA
SS:
COUNTY OF HAMILTON)
Before me, the undersigned, a Notary Public in and for said County and State, personally appeared
Brookre Village Company by Charles A. Pechette and Edwin R. Nickell, who acknowledged the
execution of the foregoing instrument as their voluntary act and deed for the uses and purposes therein
expressed.
Witness my hand and Notarial Seal this /fj day of
My Commission Expires
t.
COMMISSION CERTIFIC'ATE
UNDER AUTHORITY PROVIDED BY CHAP'T'ER 174 -ACTS OF 1947, ENACTED BY THE GENERAL ASSEMBLY
OF THE s'rATE OF INDIANA, AND ALI, ACTS AMENDATORY THERETO, AND AN ORDINANCE ADOPTED BY
THE Ci'ry BOARD OF TRUSTEES OF THE CITY OF CARMEL. INDIANA Ts tic at al" III n c r./L.,