HomeMy WebLinkAboutCovenants & Restrictions OF
COVE T$. CONDITIONS RESTRICTIONS
F I GREE TRACE
T~I-~ DECLARATION, made and entered into tl~s day of
1999, by ("Developer"),
WITNESSETH:
WuI~.REAS, Developer is the fee shnple rifle holder of all the lands in Ham/Iron County,
contained in and fully described on Er.h/bit "A", attached hereto and made a par~ hereof (herehafler
the "REAL ESTATE").
W~REAS, Developer intends to divide the Real Estate into forty (40) tracts (each such
trac~ hereinafter referred to in~viduany as a "Lot" and collectively as "Lots"), more or less, such
subdivision known as FA1RGREEN TRACE.
V~I~REAS, Developer desires to sell ~nd convey Lots subject to the impns/tion of certain
mutual and beneficial easements, re/gcdctions, cove~mts, conditions and char~ designed to assure
in. ss and e~ress thereto and to protect the value and desirabilivy thereof.
NOW, THEREFORE, Developer hereby declares that each Lot ~md all Lots sb~ be held,
conveyed, encumbered, leased, rendered, used, occupied and/reproved subject to the following
covenants, conditions and res~ictions, which shall mn with the Peal Estate and be b/nding on each
p~ty havin~ any right, title or interest in any Lot or Lots, and his. her or its heirs, ben~ciaries.
restrictions shah inure to the benefit of the Owners end each and every one of the Owners successors
in title to any Lot or Lots into which the Real Estate is subdivided.
Def'mitions
Section 1.01. l}eelaration: "Declaration" shall mean this instrument, together with any
amendments or changes hereto which are hereafter made end evidenced as herein required.
Section 1.02. Develonen. "Developer" shall mean
or its successors or assigns in the ownership, development and division of the Real Estate, and/or any
person, firm, corporation or other legal entity specifically desil~nated as such as set out in Article HI
of this Declaration.
~ "Lot" (also referred to as "Tract"), referred to in the plural thereon as
"Lots", shall mean any of the forty (40) tracts, more or less, into which the Real Estate is subdivided,
the legal description being attached as Exhibit "A", which tracts are to be numbered in sequence as
set out in the plat of Falrgreen Trace as recorded in the Office of the Recorder of}'lnmiltOll Colinty,
IVdinnn. end any subsequent phases recorded thereto, as eny tract(s) may be enlarged or diminished
by Developer in connection with a recontlguration thereof (in which event each tract shall be defined
by the outside boundaries thereof). In no event shall any reconflguration result in any tract having
en area less than the area permitted by applicable zoning laws and in no event shall the Real Estate
be divided to permit the conmuction of more than Forty (40) single-family residences and related
improvements otherwise permitted hereunder.
~ "Owner," referred to in plural as "Owners," shall mean and refer to
the record owner, whether one or more persons or entities, their respective heirs, bene~ia~es,
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successors, assigns and personal and lesal representatives, of the legal rifle to any Lot, including
contract sellers, but excluding those having such interests merely as security for tho perform~nc~ of
an obl/gation. Developer shall also be considered an owner for purposes of this Dedaradon for so
long as, and to the extent that, Developer owns a Lot or Lots.
Section LOS. Driveway: "Driveway," referred to in the plural as "Driv~mzys," shall moan
that portion of any Lot developed and hard-surfaced for the purpose ofpermittin_gingress and egress
to and from such Lot from any public road, easement or private roadway.
Section 1.06. Lot Develonment Hans: "Lot Development Plans" shall mean and consist
of the following plans: (i) a Mte plan, prepared by a licensed clvii engineer or registered surveyor
epprovecl by Developer, showing existing improvements on a LOt, any proposed alteration of the
topography, elevation or natural state of the LOt in connection with the improvanumt thereof or any
construction thereon, and locating thereon all proposed improvements and structures showing
fini~ed floor elevations and details relating to drainage; (ii) complete house building and/or accessory
structure plans, including structural details, exterior elevations and floor plans; (iii) material plans and
specifications; (iv) detailed landscaping plans describing tho size and name of all plantings as well as
location and size oftroes which will be removed as part ofthe construction process; (v) all other data
or information which Developer may reasonably request, incluclin~ but not limited to, a fury
executed original and two (2) copies of the C'~lC~CK LLqT OF CO--CE FOR
FAIRGREEN TRACE, as well as all accompanying plans, specifications and data requested therehx
Seetion 1.07. Pro_nertv Owners' Assoeiafifln: "Property Owners' Association" shall mean
the unincorporated association of owners established in accordance with Article IV of this
Declaration, or such other legal entity as may be formed as a successor th~co.
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Section 1.08. Subdivision: "Subdivision'* shall mean the Real Estate as divided into Lots,
all as evidenced by a plat thereof as recorded in the Office of the Recorder of Hamilton County,
Indiana, identified as the plat of Fairgreen Trace, and any subsequent plat amendment recorded
thereto.
Section 1.9. Maintenance Costs: "Maintenance Costs" ~hall mean all oftbe costs necessary
to keep the facih'ty or improvements which the Property Ow'nm* Association has determined is for
the common good, operational and in good condition, including but not limited to (i) the costs for
all upkeep, maintenance, repair or replacement of all or any part thereot~ (ii) payment of all ~
premiums and taxes imposed thereon and on the unclerlying easement or right-of-way, and any other
expemc related to the continuous operation thereof and (iii) costs associated with the operation of
the Property Owners' Association or incurred in connection with the enforcement of the terms and
provisions of this Declaration.
Character of Lots
Section 2.01. General: ~n every Lot or group of Lots referred to in these covezants shall be
used exclusively for single-family residential purposes.
Section 2.02. lmurovement and Develoument of Lots: No Lot shall be further divided to
create any adclitional tract upon which a single family residence and improvements otherwise
permitted hereunder may be constructed, nor shall any improvaments be made thereto or construction
co~ proceed or continue thereon, except in strict accordance with thc terms and provisions
of this Declaration. Not more than one (1) single family dwelling house, together with attached
garage and such related accessory structures and recreational facilities as may be pea-~tted by this
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Declaration shall be constructe~ altered, placed or permitted m remain on any Lot referred to by the
covenants. In the event of multiple Lot ownership, no si~e family dwellin~ house shall be
constructed on or across a portion of more than one (1) Lot without the express written conse~t of
the Developer herein.
Section 2.03. Oecunsncv or Residenfi*l Use of Parthdiv Comnleted Dwellinm House
~ No dwelling house constructed on a Lot shall be occupied orused for residentinl
purposes for human habitation until it has been ~ubstantially completed. Tho dete~-~natiou of
whether a dwellb~ house has been "substantially completed" shall be made by Developer and the City
of Carmel Indiana, and m~c~h d~el~ion shall be bindiz~ on ~ parties at~%-ted tl~reby.
Developer
Section 3.01. Developer: The power~ and authorities contained in this Article shali be vested
in Develope~ and the covenant% condition~q and restriction~ in Article V of this Dec, hu~tion ~ be
acl~ni~ered and enforced by Developer, or theLr designated ~ucc~ors and/or a~q~. Developer's
administration and enforcement of~uch covenants, conditions and restri~ons shall include, but not
be limited to, approval Of LOt Development Plans prior to the improvement of any Lot. ~Te~her the
exercise of ~uch admlni~tratiun aacl enforcement duties by Developer, nor the approval of any Lot
Development Plans by Developer, ~ relieve any owner of any duty and obligation im?osed by this
Declaration or compliance with the covenants, conditions or re~rictious as the same are recorded in
the ottice of the H~mil~on County Recorder. In the event that a written approve/is not received from
Developer within thiz~y (30) clays f~mthe date submittah are made, the failure to issue m~c,h w, lt~e~
approval shall mean the disapproval thereof. In the event of a disapproval, Developer ~ ~ive a
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short statement ofthe reason or reasons for such disapproval within ten (10) days following receipt
of a written request to do so. The Developer shall not unreasonably withhold approval and shall act
in a manner which is neither arbitrary or capricious. However, Developer reserves the right to
unilaterally deny approval of Lot Developraent Plans if the single family dwelling is incons~tant as
to design, color, build~ materials, size or costs with adjacent Io~.
Seetion 3.02. Powers ofl)eveloner: No Lot shall be developed and no single family dw~lln~
house, a~sory building, driveway or other structuro or improvement of any type, kind or character
shall be constructed, placed, altered or permitted to remain on any Lot in the Subdivision without the
prior writte~ approval of Developer. Any required approval shall be requested by an Owner by
written application to Developer. Such written application shell be made in the manner and form
prescribed fi.om time to time by Developer, end shall be accompanied by three (3) c~omp_ lete sets of
Lot Development Plans as defined in Section 1.06 of these covenants, and such other information as
may be reasonably required by Developer. The authority ~iven to Developer hereby is for the
purpose of deta-~ining whether the proposed improvement and development of a Lot is consistent
with the t~t-~ and provisions of this Declaration, is con, stent with and meets Developer's overall
plans for improvement and development of the Reel Estate and is compatt~le and consistent with the
development of other Lots. In furthe~nce of the foregoing purposes, Developer is hereby given
discretion as to matters related to location, building orientation, layout, design, architecture, color
schemes and appearance in approving Lot Development Plans. Any house building or other
eccosses~ structure plans included as a part of any application to Developer for required approvals
shell set forth the color and composition of all exterior materials proposed to be used and any site
plan submitted shall describe and detail all proposed landscaping and include any other material or
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information which Developer may reasonably require. All plans submitted shall be prepared by a
resisteredland surveyor and an engineer or architect unless Developer specifically p=,,~ts oflm'wise.
Sectig~ ;}.03. Liability of Developer: Neither Developer, nor his agents, mc, ce~ors or
assisns, shall be responsible in any way for any defects or insut~ciencies in any plans, specitlcagons
or other materials submitted for review, whether or not approved by Developer, nor for any defects
in any work done in accordance therewith. Developer shah not be liable to any person, film,
corporation or other legal entity a88rieved by Developers' exercise of (or failure to exercise) any of
his powers as specified in Section 3.02 hereot~ and shah have no liability whatsoever which is claimed
or ellesed to result, in whole or in part, upon refusal by Developer to approve Lot Development Plans
submitted to Developer.
Section 3.04. Insnection: Developer, the Property Owners' Association or their assi?s and
the Cannel-Clay Township Plan Commission shall have the ril~ht to go upon any Lot, without bein8
a trespasser, to inspect any work beinG performed thereon, in order to assure compliance with this
Declaration and conformity with Lot Development Plans and with any other plans or submittals made
to him and upon which any approvals required by this Declaration are based.
,qeetioq il,0fit ~l~ssi_nnment of Duties: All of the duties, responsibilities and rights held by
Developer under this Declaration shall be exercised and administered by Developer in good faith until
such time, if any, as they may be assilpu~d by Developer to another of one or more Owners referenced
by these covenants or any other lesel entity formed as a successor thereto. Any such assi~ment shall
be at the option and sole discretion of Developer and may be made at any time or stase of
development. Any assignment by Developer shall be by written instrument duly executed and
recorded in the Hamilton County Recorders office. Followin8 any such assi?mant and recordation,
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the duties, responsibilities and rishts of Developer under this Declaration shall immediately vest in
and be performed by the assi~ee or successor.
ARTICLF. IV
Association of Property Owners and Assessments
Section 4.01. Association of Property Owners: In order to provide for the contim~in~
maintenance and admini~ti~tion of the Subdivision, there is to be established an Indiana Non-Profit
Corporation under the name of Fairireen Trace Property Owner Association, Inc. The Properly
Owners' Association shall be comprised of and limited in members to the Owners from time to time
of the several Lots within the Subdivision. Membership in the Property Owners' Association shall
commence iah-~ediately upon becomln~ an Owner and continue for so lon~ as ownership ora Lot or
Lots continues. At such time as an Owner conveys title and ceases to be an Owner, membership in
the Associatiun shall t=~,,-'nate. A new owner of a Lot shall automatically become a mf~flher.
Althoush an owner need not participate in the ~4mlnlslration of the Subdivision, all Owners and the
ownership of any Lot or Lots shall be subject to any and all rules and resulations duly established by
the Property Owners' As~4xiation (as well as bein~ subject to the rishts of Developer and the terms
and provisions of this Decinration) and shall be liable for the payment of aH assessments levied by the
Property Owners' Association. The Property Owners' Association may assil~n or otherwise transh'
its rishts, responsibilities and duties under this Declaration to any legal entity which may be formed
as a suc;cessor thereof. Any such assi~ment or transfer shall be in writing and shall be effective when
written evidence thereof is duly recorded with reference to this Declaration in the office of the
Pase8 o£ 2~
Section 4.02. Rights and Duties of the Pronertv Owners' Association: The Property
Owners' Association shall be responsible for the following:
A. Protection, surveillance and replacement of the common areas includinl~ but not
limited to, landscapin~ maintenance and upkeep of the common areas as shown on
the plat including, but not limited to, Blocks A, B, C, D, (includin~ the retention pond
in Block C and si~,~age located at the entrance to the Subdivision.
B. Procurin~ of utilities used in connection with the Lots, sinsle fitmily residences and
common areas to the extent the same are not provided and billed directly to owners
of Lots by utility companies. Fuflher, it shall be the respons~2ility of the Property
Owners' Association, if they choos~ to exer~;.se that responsibility, to provide for
common snow removal throughout tho Subdivision, and bill the members according.
C. P&yment ofinsurance (ifany may be required under other sections to this doclaration).
D. Determination of general and special assessments levied asainst the Owners.
E. Promul~tion ~ enforc~nent of the rules and resulations in this Declaration or as
otherwise duly promulsated by the Owners be responsible for th~ followins.'
1. Arrange for the common pick up and removal ofgnrbase and waste so as to
assure that one waste hauler will be ~liT~i to serve the Subdivision.
2. Exercise of the powers vested in the Property owners' Association by thi.q
Declaration or by Articles of Incorporation and Bylaws of any successor
corporation thereto.
3. Ownership of the aren shown on the Plat of Fair81'een Trace and desisnated
as Block A, B, C andD.
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Section 4.03. Meetinns of the ProDertv Owners' Association and Voting Rinhts:
Business of the Property Owners' Association shall be conducted at meetings of th/s Association.
Meetings of the Association may be called by the then otrrent Chairman or Secretary-Treasur~ of
the Property Owners' Association or upon request of the owner(s) of at least ten (10) Lots. Written
notice of any meeting of the Lot Owners shall be personally delivered or mailed by first class United
States mail by the Secretary-Tressurer to all Owners at least twenty (20) days prior to any proposed
meeting. The Corporation shall have the following ciassns ofmembership w/th tbe following voting
r hts'
A. ClsssA ClassAmembersshailbeallownersofLotsintheSubdivision- EachClass
A member ~hnll be entitled to one (1) vote for each Lot of which such member is the
owner with respect to each matter submitted to a vote of members upon which the
Class A members are entitled to vote. When more than one { l) Person constitot~ tho
Owner of a particular Lot, all such Persons shah be members of the Association, but
all of such Persons shall have only one (1) vote for such Lot, which vote shall be
exercised as they among themselves determine, but in no event shall more than one
(1) vote be cast with respect to any such Lot.
B. Class B. Class B members shall be Developer and ail successors and s~/gns of
Developer designated by Developer as Class B members in a written notice ma/led or
delivered to the resident agent of the Association. Each Class B member shall be
entitled to five (5) votes for each Lot of which it/s the owner on all matters requiting
a vote of the members of the Association- The Class B membership shall ces,~ and
terminate on the date upon which the written resignation of the Class B m~mhers as
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such is delivered to the Association or successor thereto or the date Developer no
longer owns any Lots in the Subdivision, whichever occurs first. At, er tho above,
Class B memberships shall be converted to Class A memberships, and each former
Class B member shall be entitled to one (1) Class A membership for each Lot owned
in the Subdivision.
~tion 4.04. Assessments: The Property Owners' Association shall have thc power to levy
uniform, general and special assessments aSainst each Owner and each Lot, without regard to the 9izo
thereof relative to any other Lot in the Subdivision.
~,~ 4.0~. Creation of it l,i,_a ,ma Person~! Obligation of Assessments: Developer
hereby covenants and each owner of each Lot by acceptance of a deed thereto, whether or not it shall
be so expressed in such deed, is deemed to covenant and agree, to pay to the Property owners,
Association general and special assessments, such assessments to be established and collected as
provided in this Article. Until paid in full, an assessment not paid when duo, to~etber with interest
thereon (at a percentaso rate per annum equal to the theo current Indiana statutory maximum nflm*sl
interest rate) and costs of collection (includin8 reasonable attorneys* fees and court costs) shall be a
continuin~ lien upon the Lot a~Ain.qt which suc, h assessalent is made. ~h assessm~ilt, tosother with
interest and costs of collection as aforesaid, shall also become and remain, until paid in fidl, the
personal oblisation of the one or more persons or entities in ownership of thc Lot at the time when
the assessment first became due and payable. If any owner fails, refuses or neglects to make payment
of an assessment'when due, the lien for such assessment on such Owner's Lot may, at any time
followin$ notice thereof by First Class United States Mail of the amount thereof to an Owner and thc
expiration often (10) days from the date such notice is sent, be foreclosed by tho Property Owners*
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Association in the same manner in which a Mechanic's Lien is foreclosed ~om time to time under
Indiana law, or in any other mariner otherwise f~om time to time permissible or provided by law. The
Property Owners' Association may, at its option, bring a suit against the Owner (and if more than one,
eithe~ jointly or severally) to recover a money judgment for any unpaid assessment without
foreclosing the lien for such asses,~ment or waiving the lien securing the same. In any action to
recover an assessment, whether by foreclosure or otherwise, the Property owners' Association shall
be e~titled to recover interest as aforesaid and the costs and ex~,nse~ of such action, including but
not limited to, reasonable attorneys' ~es and court costs.
Section 4.06. Puruose of Assessment: Gener&l or special assessments levied by the Property
Owners' Association shall be used exclusively to exercise those powers and advance those purposes
for which the Property Owners' Assochtion has been formed by this Declaratio~
Section 4.07. Basis for Assessment: Except as provided in Section 4.09 he~eof~ general or
spedal assessments levied by the Property Owners' Association shah be assessed unll~orndy against
each Lot (and the Owner(s) thereof), regardless of whether any such Lot is improved or unimproved
and without regard to the type of improvements constructed on any Lot, or the extent of use of the
facilities and improvements for which any assessment, Eeneral or specified, is made.
~.etlnn 4o(11~, Annnnl Meeting. Adontinn ofBndset nnd Genernl Assessment: Between
May Ist and July I/)th of each year, the Association shall hold an annual meetin~ with notice to all
owners in the manner required by 4.03 of this Declaration. At the snnusl meetinl~ the Ovmers shall
elect a Chairman and a Secretary-Treasurer to coordinate and handle the day to day affairs of the
Property Owners' Association and shall adopt a proposed annual budget. The budset, adopted by
the Property Owners' Association, shall provide for allocation of anticipated expenses in such a
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manner that the obligations imposed by this Declaration will be met and shaH further outline aH
anticipated expenses and obligations for the period covered thereby. Following approval of the
budset, the Chairman and Secretary-Treasurer shall fix a uniform general assessment against each Lot
(and the Owner(s) thereof) in an amount neces.sa~ to defray the expenses and obligations budgeted,
togather with an amount, ii' any, approved by the Owners to permit establishment of and/or
conm'bution into a reserve account in order to defray anticipated fi~ture capital expenditures. Notice
of the uniform general assessment sludl be sent by the Secrets.,y-Treasurer to each Lot Owner as soon
as practicable following the annual meetln_~. Unless otherwise determined by majolity vote of the
Owners, the general assessment established shall be paid in fuli to the Seeretmy-Treesur~ of the
Property Owners' Association in one (1) instnllment on or before August 31 next succeeding. Upon
receipt of payment, the Secretary-Treasurer shall deposit the amount involved in an account opened
and maintained in the name of the Property Owners' Association at a state or national bank havin~
its principal banking offices in either Carmel or Indianapolis, Indiana. Withdrawals from such
account shall be made only upon the approval of both the Chairmen and Secretary-Treasurer si~ning
jointly and only for & purpose or purposes set forth in this Declaration.
Section 4.09. Snecinl Assessments: In addition to the general assessment, the Property
Owners' Association may levy in any calender year one (1) or more unit'orm special assessments
against each Lot (and the Owners(s) thereof) for the purpose of defraying, in whole orin part, any
unanticipated expenses or obligations or thc costs of any major reconstructions, ~air, replacement
or maintenance required, PROVIDED THAT the levy of any such special assessment must be
approved by the Owner(s) of at leest two-thirds (2/3) of the Lots who are voting in person or by
wtltten proxy et & special meeting of Owners duly called for such purpose, subject to w~'itt~n notice
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delivered in person or sent by first class United States mail at least fi/teen (15) days in advance to
each owner of the time, place and purpose of such meeting. Following approval of the levy of any
such special assessment, the vote of the Owner(s) of at least a majority of the Lots shall estab!!.~h the
date or dates any such special assessment shall become due, and the manner in which it ~hnl! be paid
to the Secret~-Treasurer for deposit in the Property Owners' Association account established and
maintained in accordance with Section 4.09 hereot~ for use consiste~ with the purpose or purposes
for which such special assessm~ was levied
Section 4.10. Subordinmfion oF Ibc Lien to Mortfa~es: The lien of' the assessments
provided for herein a~in~t a Lot shall be subordinate to the lien of' a recorded bona fide first
mortF~e coverinf~ such Lot and subordinate to anytax or special assessment lien of'suchLot in favor
of'any f~ovemm~tal t~ag or assessing authority. The sale or tr~,~'er of'a Lot shall not affect the
assessme~ lien. The sale or trans~ of'a LOt pursuant to bona fide mortgage foreclosure proceedin~
or any other bona fide proceeding in lieu thereof` shall, however, extln_~t,i~qh the lien of` such
assessment as to any payment which became due prior to such sale or transfer. No such sale or
transfer shall release a Lot from liability for any assessments there~ter becomin8 due or from the lira
Section 4.1L Duties ~g ChahemAn and Secretly-Treasurer of` the Pronertv Ownm'
~ The Chairman and Secretary-Treasur~ of`the Properly Owners' Association, or their
desisnee, ~h~ll have the duties set forth in this Declaration, shall at~end to and handle the day to day
a~airs of'the Property Owners' Association and shall attend to handle such other duties delagated to
them by the Owners. All acts taken and things done shall be measured by a standard of`reasonableness
and neither the ChAirman nor the Secretary-Treasurer .qh~l! have any liability to an owner, Owners
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or the Property Owners' Association unless acting in bad faith in a manner inconsistent with the terms
and provisions of this Declaration. Notwithstanding the foregoing, in no event (except in the case
of a bona fide emergency invo lying a total expenditure not exceeding One Thousand Dollars ( $1,000)
or such other amount fi'om time to time established by the owners), shall e~ther tho Chairman or
Secreta~-Treasurer have any fight, privilege or authority to contract for, solicit, hire or otherwise
obtain services or msterials which are not included within and covered by the budget theo applicable
or which are otherwise funded by a special assessment levied in accordance with Section 4.09 hereof.
Section 4.12. Reeeiut ForPavment: TheProperty Owners' Assodation shall, w/thin twemy
(20) days a.qer demand made at any time, furnish a rece/pt in wr/tin~ signed by the Secret~ry-
Treasurer of the PropeW] Owners' Assodafion, specifying that the assessment respecting a Lot has
been paid or that certain assessments remain unpaid, as the case may be. Such rece/pts shall be
conclusive evidence of payment of any assessment therein stated to have been paid.
Lot Development
Section 5.0L Lot Develoument: Prior to the c~velopmen~ improvement or alteration ot~
or the construct/on on or Addition to, a Lot or Lots, the Owner(s) thereof shall first obtain written
approval Dom Developer of the Lot Development Plans as required by Attide IN ofthh Declaration.
Any improvement, development or alteration of a Lot or Lots, and any conslruction thereon or
addition thereto, shall sUictly comply with this Article V. In the ~ent of a conflict between a se~ of
duly approved Lot Development Plans and the terms and provisions of this Article V, the te~ms ~
provisions of Article V shall control.
Section 5.02. ~T~u_e. Size and Nature of Construction Permitted: No single-family
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dwelling house, garage driveway, accessory building, fence, swimming pool, tennis court or other
recreational facility permitted by this Declaration shall be erected, placed or altered on any Lot
without the prior written approval of Developer or Property Owners Association, respectfully, as
required by this Declaration. Such approval shall be obtained prior to the oomm~nc~m~R of
construction and shall be subject to the followin~ minimum standards:
A. No structure or buildin~o shall be erected, altered, placed or permitted to remain on
Bo
any Lot other than one single-family dwellin~ not exc~edin~ two and one-haW(2 ½)
stories in height, one private atteched garage for a .minimum of two (2) vehicles,
maximum of four, and tach other accessory buildings or structures related to
swimmin__l~ pools, tennis courts and other recreational facilities, inol~din~
conservatories which are usual and incidental to the use of the Lot for sin~e-family
residential purposes.
The minimum finished floor area ora one-story dwelling house consffuct~,,d on a Lot,
exclusive of open or screened porches, attached l~aral~ and basements or below
l~mde levels, shall be 1,600 square feet.
No sinsle-family dwellin~ house, sarage or accessory structure of any kind shall be
moved onto any Lot and all mnterials incorporated into the construction thereof shah
be new, except that used brick, weathered barn siding or the like, or interior design
features utilizin$ other than new materials, may be approved by Developer. No tent,
basement, F~-'~e, barn or other structure slutll be placed or constructed on any Lot
at any time for use as eider a temporary or permanent residence or for any other
purpose except as reasonably required in connection with the cons~uc~ion ofa sin~le-
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family dwelling on a Lot.
D. The concrete or block foundation of any single family dwellin~ house or accessory
structure constructed on a Lot shall be covered on the exterior with wood, brick or
stone veneer so that no portion of the exterior thercofis let exposed above ltround.
E. Each attached garage .~sll be designed ns a part of the sinffle family dxw. llin~ house
to which it is attnched. Further, garage doors shall rem~ closed except when
enterinl~ exitin~ or otherwise haviag the need to ~ess the l~'~e. The ~arage door
openings £or each sin~e-~mily dwellin~ shall be prohibited ~om ~ directly
and/or runni~ p~rnllel to the dedicated public ro~d or the private roadv~ty nerving the
Subdivision. It is the intent o£this p~h that the ~'~e door opaline shall be
designed nnd constructed in such a manner to minimize, to the extcot possible, any
direct viewing Erom the dedi~ted public streets or priwte roadways.
F. The roof of each single-family dwellin~ house cons~'ucted on a LOt (exclu~ti%~ that
portion of the roof covering the at~cbed l~age or open or enclosed porch) shall have
a pitch of between 7-12 to 12-12 or I~'eater unless otherwise approved by Developer
as a part of Developer's approval of LOt Development Plans.
G. No house or other s~uct~re ~ contain aluminum or vinyl siding. FuztJ~r, n
plywood or other sheets of wood with dimensions of four (4) foot by e~g~t (8) foot
may be used £or exterior siding.
H. No open loop geothern~l he~t pumps ~ be allowed.
~eetlon ~.0~. Tree Prese~atlon: Existing mature trees (havin~ a l~ni~ in excess of six (6)
inches in dismeter measu~d at a point three (3) feet ~om undistud~ ~'ound) shall be preserved to
Page 17 of 29
the extent the reraoval thereof is not mandatory in connection with the construction of an approved
single family dwelling house or accessory buildin~ unless the removal thereofi~ otherwise speciticaily
approved by Developer or any such tree is dead or decayed and dangerous.
Section 5.04. Completion of Construction: Ail construction upon a Lot shall be completed
in strict accordance with the Lot Development Plans approved by Developer. The exterior of any
dwelling house built upon a Lot or combination of Lots shah be completed within elghte~tl (18)
months after the date of commencement of the foundation and the site graded and nay areas to be
covered with ~xnss shall be seeded or sodded. Each Lot .qhall be kept and maintained in a sightly and
orderly manner during the period ofconstructiol~ AH builders will be required to utilize and pay for
a thirty (30) cubic yard trash receptacle for each home during period of construction in order to
properly dispose of debris. Every builder or owner shall be required to furnish a Port-O-Let for their
workers during construction. However, multiple builders or owners may combine to pf ovide Port-O-
Lets to their workers. During construction, Owner is responsible for any damage to ~urbs previously
installed in the Subdivision by Developer. In the event of damage to a curb by owner, or owners'
builders, which requires said curb to be repaired or replaced, then, and in that event, the Developer
shall cause said curb to be rephced and the costs of repair shall be paid by the Owner causing said
damage.
Section 5.05. Storsse Tsnks: No storage tanks, of any nature, for any use, shall be allowed
on or be buried on any Lot.
Stolon 5.06. Msilboxes: AH mailboxesina-talledthroughout the Subdivisionwillbe-niform
and will be constructed and installed by the Developer in a material suitable to Developer at his sole
discretion. The cost of these mailboxes, including the installation, will be paid to Developer by the
Page 18 of 29
owner prior to installation by Developer. Further, all mailboxes shnll be served by electricity which
shall be furnished and installed by Owner at the time of the construction of the single family residence.
To the extent that mailboxes are constructed of brick or stone, the Developer and owne~ hereby
release the City of Carmel, Indiana, from any and all liability due to mailbox dama~ caused by
snowplows or other vehicles owned or operated under control of the City of Carmel, Indiana..
Mailboxes and lights thereon shall be malmained by Owner and in good worldng order at all limes.
Section ~.07. l)rlvewavs: No Lot shnll be permitted to contain more than one driveway and
each Lot shall be allowed only one cut onto a public street adjoining the Lot. property. A drivev~y
constructed on any Lot to and from the private street shall be constructed and mainteinad so as to
provide the sole means of ingress and egress to such Lots for vchioular traffic.
The driveway on each Lot shall be cut and stone or gravel placed thereon prior to
development or improvement of the Lot to the extent necessary to avoid the transmittal of mud from
construction traffic to the Public Roads. Upon substantial completion of construction, each &ivew~y
shnll be constructed of either hard mixed a~regnte, concrete, asphalt' paving, brick or other material
acceptable to Developer.
Under no conditions shall driveways be constructed over o~b inlets of the storm sewer system
within tho fight-of-way of the public road or private roadway. No asphalt or conc~te driveway shall
be placed behind a curb containing these inlet grates.
Sention 3.08. ~'enees. Walls. Haines or Shrub Plantinns: No fence, wall, hedge or other
so'eening shnll be erected, placed, altered or permitted to remain on any Lot other than as approved
(as to location, type, materials, design and height) by Developer under Article I~ of _th_is Declaratio~
In no such situation shall these structures or plantings be placed within platted drainage and utility
Page 19 of 29
easements or within tho right-of-way of a public street.
Section 5.09. Ditches 8nq] Swales: Thc Owner of any Lot on which any part of a drainage
tile, open storm drainage ditch or swale is situated shall keep such portion thereof as may be situated
upon his Lot or Lots continuously unobstructed and in good repair, and shall provida for the
installation of such culverts upon said Lots as may be reasonably nacessa~y to accomplish the
purposes of this subsection, all at each such Owner*s own cost and expense.
Section 5,10. Pondinl and Runoff: No owner shall cause or p~mit any pond to be created
on any Lot, including without hnplied !imlt~ttJon, bom any swale, ditch, stream or creek located on
the Real Estate. Further, each owner shall prevent water run-off and the depositing of soil and mud
bom the Lot onto the street through the use of silt fences installed during the home building process.
To tho extent that an owner permits, causes or allows mud to enter onto the streets or private
roadways in the Subdivision, during construction or otherwise* tho Developer reserves the right to
clean the streets and bill or assess the owner for said costs. The Owner shall pay or reimburse to
Developer the reasonable charge for street cleani~ and maintenance within thlr~y (30) days ILfi:er
beln~ billed or assessed thereto.
Section 5.11. Antenna Discs orOtherSimflarStructures: Satellitedisbesmaybeerected
and placed within t. be s~le-family residence constructed on the LOt; provided that said antenna disc,
tower or structure is concealed bom external view and placed v~thin the structure itse~.
Section 5.12, Subsurface Drains: Each Lot in the Subdivision has been provided with a four
(4) inch tile drainage outlet for the purpose of accepting the flow bom sump pump drains. These tiles
flow into six (6) inch diameter interceptor drains located under the street curb and eventually they
outlet into the storm sewer system. In no situation shall a sump pump be outletted directly to tho
Page 20 of 29
surface of the street. Gravity drainage from downspouts may be drained into ravines at the rear of
Lots only in situations where the downspout is located below the elevation of the street drah~ All
floor drains shall drain into the sewage disposal system of the home. In no situation shall
pumps be outletted into the sanitary sewer system of the home or in a ravine or open areas on the
Lot.
Section 5.13. Compacted Fill Mnteriai On Lots: Lots may contain compacted fill material.
This soil, althouF~h it has been properly compacted, may not contain ~milar enfhemin8 properties
of undisturbed soil for the purpose of foundation construction. Owners shall be solely respoasl~)le
for soil compaction, or lack thereot~ and each Owner shall hereby relieve the Developer of any and
all responsibility or liability for disturbed or undisturbed soil as it relates to the owners oonstm~ion
pro~ess, or any other. Developer makes no promises, representations or warranties, either exprms
or implied, as to the nature, quality or compaction of the soil on any individual Lot as each owner is
responsible for testing and determinin~ the quality and characteristics of soil on their respective Lot.
Section 5.14. Treehunse~ and Plnvln~und F~uiomeat: No treehouses will be allowed on
any Lot in the Subdivision. Further, any and all playlp'ound equipment shall be made of wood ns its
primary buildin~ mst ~,~ial. In no event shall any play, round equipment be allowed that uses metal or
plastic as its prima~y buildin~ material. The location and installation of any playlp~md equipment
shall be done only with the express written approval of Developer.
Seetiou 5.22. Irri_p. ntion Systems: Owners shs!! be required to installunder~round front and
side yard inigation systems on all Lots in the Subdivision. The ins~lation ofinilpuion systems shall
be installed contemporaneously with the sinsle family residence to be consm~cted on each Lot and
the landscaping installed therein. ~un supply pipes and sprinkler heads shall not be installed in
Pase 21 of 29
tho public road fight-of-way.
ARTICLE VI
Use and Maintenance of Lots
Section 6.01. Vehicle Parkin~f: No camper, motor home, truck, trailer or boat may be
parked or stored ovo-~ght or longer off any Lot in open public view. Further, no vehicles as set out
above, including automobiles, lif~ trucks or pickups, shall be parked or stored on the private
roadways or common areas throughout the Subdivision.
Section 6.02. Home Occuuations: No home occupation ahall be conducted or ma;ntalned
on any Lot other than one which is incidental to a business, profession or occupation of the Owner
or occupar~ of tach Lot and which is generally or regularly conducted at another location which is
away ~om such LoC No signs of any nature, kind or description shall bo erected, placed or permitted
to remain on any Lot adverti~in,~ 8, pmmitted home occupation.
~ No si~n of any kind shall be displayed to public view on auy Lot except
that one two-sided sign (not exceedi~ s~x (6) square feet per side) may be displayed at anytime for
the purpose of advertising the property for sale, or may be displayed by a builder ~o advertise during
consuuction, provided that, said d~n is submitted and approved in writin~ by Developer.
~ioe ~.04. Maintenaoce of Trae~ a~d Im~rovememts: The Owner of any Lo~ ~ ~
all times w*in~fin the Lot and any improvemems situated thereon in such a manner as to pm've~ the
Lot or improvements fi'om becomin~ un,ightly, and, specifically, each such Owner shall:
A. Mow such portion ofthe Lot or Lots upon which ~rass has been planted at such times
as may be reasonably required;
B. Remove all debris or rubbish;
Page 22 of 29
C. Prevent the existence of any other condition that reasonably tends to d~h~t from or
diminish the aesthetic appearance; and
D. Keep the exterior of all improvements in such a state ofrepalr and maintenance as to
avoid their becoming unsightly.
Section 6.05. Animals: Only dogs, cats and $imil~r anin~s generally and customarily
recognized as household pets, not exceeding in the aggregate three (3) in number, may be kept or
maintained on any Lot as household pets. All animals kept or maintained on any Lot in this
Subdivision shall be kept reasonably confined by means of leash, invisible fencing, or other product
~mil~ thereto, so as not to become an annoyance or nuisance. No animal shall be kept or ~
on a Lot for commercial purposes or prima~y for breeding purposes.
Section 6.06. Garbaee. Trash a~q] ~her Refu~e: The outside burning of garbage or other
refuse shall not be p~u,itted on any Lot, nor shall any outside accumulation of refuse or irash be
permitted on any Lot. Each single-family dwelling house built shall be equipped with a gatbl~e
disposal unit of a type, kind and capacity approved by Developer, and once installed, each such unit
shall be kept and maintained in good workin..~ order so as to be and remain e~lvironmentally
acceptable. Trash and recycling receptacles will be supplied by the Property Owners* Assodation
under a contract with a waste re~noval company and will be paid for by each individual Owner so to
have common trash receptacles and collection throughout the neighborhood. In no event shall any
Owner allow a trash or recycling receptacle to remain outside for longer than a twenty-four (24) hour
period of time.
Section 6.07. Nui~auce~; No noxious or offensive activity shall bo conducted upon any Lot,
nor shall anything be done thereon which may be, or may bccome~ an annoyance or nuisance to the
Page 23 of 29
neighborhood or another Owner.
Section 6.08. Maintenance of I.~ndevelooed and l,~lgg]l~J~L~ Owners of
undeveloped or unoccupied Lots shall at all times keep and maintain such Lots in an orderly maimer,
causing weeds and other gl'owths to bo reasonably cut and shall preveet tho ac, ommlafion of rubbish
and dcbri.~ thereon.
Section 6.09. Property Owner~' ~dlOf-htion's Right to Perform Certain Maintenance:
In thc ~vent that the Owner of any Lot in this Subdivision fails to reasonably maimain such Own~s
Lot and any improvements situated thereon in accordance with the provisions ofthis Article VI, or
as otherwise r~luiml by this Declaration, the Property Owners' Association, by and through its
agants, employees or contractors, shall have the right, but not the obligation, followin8 notice in
writing to such Owner of an intcrflion to do so units roasonsblo maintenance as detailed in such
notice is performed and the expiration of twenty (20) days theresfler without such maintenance being
done, to emer upon such Lot without I~ing atrespasser to r~pair, mow, c, lcan, or perform such other
acts as may be reasonably necessary to make such Lot and the improvements situated thereon,
conform to the requiremem~ of this Article VI, or as othe~so set forth in fha, Declaration The out-
of-pocket costs incurred by the Pmpe~ Owners' A~sociatiun in connection therowith shall be
colloctible f~omthe Owner(s) of any such Lot and shaft represent a lien against any such Lot until paid
in full together with interest thereon, cost of collection and attorneys' fees, all without relief from
valuation and appraisement laws, as ifcob~ituting an unpaid general assessment levied under Afliclo
IV of this Declaration. Neither the Developer or Property Owners* Association nor any of its 0.gents,
employees or co~i, ~ctoFs shall be liable for any dan~e which may result f~om any maintenance work
performed hereunder.
Page 24 of 29
Seetlon 6.10. Draina_ne and/or Retention Ponds: Block C ofthe Subdivision has a drainage
and/or retention pond th~ provides for the accumulation of water throu~out the Subdivision. Ail
water activities shall be specifically prohibited on the drainage and/or retention pond.
Section 6.11. Yard Li~htinn: The Owner shall install yard l~ting havin~ a minhnum ~
at lea~t five (5) feet above finighlag grade in the f~ont yard of the home between the platted building
setback line and the street right-of-way. The type, style and location of said yard light shall be
subject to the approval of Developer.
E~sements and Common Areas
Section 7.01. Easements: The strips of ground shown on the survey of Lots attached hereto
and designated Drainage and Utility Easements ("DE" or "UE') either separately or together, are
hereby c~eeted for the use ('mcludiag required ingress and egress necessary a~ a part thermf) of public
utility companies, governmental agencies, police, fire, ambulance and other emergency vehicles, and
the Owners of the Lots herein as follows:
"Drainage Kasements' (DE.) are created to provide paths and courses for
area and local storm drainage, either overland or in adequate underground conduit,
to serve the needs ofthis and adjoinin~ ground and/or he public drainage system. No
structures, including fences, shall be built on a Drainage Easement which obmuct
flow from the area being served, nor shall any cha~es be made in the Iinished grade
elevations of any Lot, whether in connection with the construction of improvements
thereon or otherwise, so as to modify, alter or chaage the location or depth of any
drainage swales, ditches or creeks located within any such Drainage Easement
without the approval of all Federal, State, County or Municipal authorities from
whom approvals are required by law, or which would in any way prohi'oit, im.ned~
restrict or alter the natural flow of surface water drainage.
"Utilit~ Easements" (U.E.) are created for the use of public utility
companies, not includinStransportation companies, for the installation, operation and
maintenance of mains, ducts, poles, lines and wires necessary to provide utility service
Page 25 of 29
to a Lot or Lots, subject to the condition that following any installation or
maintenance, the affected area within such Utility Easement shall be returned to the
condition existing prior thereto at the cost and expense of the party responsible for
having such work performed. Those areas designated as private roadway~ ~
be utilized and treated as a Utility Easement to the limited extent that specific
permission is hereby granted to the governmental and quasi-public agencies of
police, fire, ambulance and other emergency vehicles to access these Lots
serviced by the private roadway throughout the Subdivision.
The Owners shall take title to the Lots subject to the foregoing easements rights in, along and
throush the strips of ground properly designated as hereinabove set forth on the recorded survey of
the Lots for the purposes herein stated.
Section 7.02. Common Area: The purpose of the plat designated as Common Area, Blocks
A, B, C and D, ("Ope~ Space") shall be transferred and conveyed to the Corporation prior to the date
the Class B membership ceases or t~minates, subject to the followin8 restrictions and limitations:
A. The Open Space, following completion of the Subdivision, shall be maintained in its
then natural state except for such selective clearing u fi.om time to time may be
necessary to implement good husbandry practices;
B. Block D may be used by the Owners, their guests and invitee~__, u a passive
recreational area, subject to the rules and regulations as adopted by the Corporation;
C. No structures shall be permitted in the Open Space.
General
Section 8.01. Wah, er of Damn_~: Ne/ther the Developer, their nominees, representatives
or dasigueas, shall be liable for any claim for damages whatsoever ~ out of or by reason of any
Pase 26 of 29
acts taken (or not taken) or things done or performed (or not done or performed) pursuant to any
authorities reserved, 8ranted or delegated pursuant to this Declaration.
Section 8.02. Enforcement: The right to enforce the restrictions contained in thi~
Declaration and all covenants and restrictions contained hereln-n including, but not limited to, the
right of injunctive relie~ or the right to seek the removal by due process of law ofstruclx~es erected
or mairmtined in violation of this Declaration, is hereby siren ~nd reserved to Developer, Property
Owners' Association and the Owners fi.om time to time of Lots and all parties claimin8 under thetn,
the Carmel/Clay Town.~hip Plan Commission, all of whom shall have the right, individually, jointly
or severally, to pursue any and all remedies, in law and equity availabla under applicable Indiana law,
w~hout be~g required to show actual damage of any kind whatsoever, and shall be entitled to
recover, in ~ddition to appropriate monetary clama~es, if any, reasonable attorneys' fees and other
legal costs and expenses incurred as a result thereof.
Section 8.0;~. ~.,vernhiliff; The provisions of this Declaration shall be sram'able and no
provision shall be afl%cted by the invalidity of any other provision to the ex~ent that such invalidity
does not a~o render such other provision invalid. In the event of the invalidity of any provi~on, thl,
Declaration shall be interpreted and en~'orced as if all invalid provisions were not contained he~i~
~_'tion 8.04. Non=Liability of Develon~l3 Developer shall not have any llnl",'~'y to nn
Owner or to any person or entity with respect to drainage on, over, under or through & Lot. Upon
the improvement and development ofaLot, the proper handling Of storm and surface wn_t_~ drainage
shall be the responsibility of the Owner of such Lot, and each Owner by the acceptance of a deed to
a Lot, shall be deemed to and does thereby release and forever discharge Developer ~om, and shall
indemnify and hold harmles~ Developer a~ains~ any and ~11 liability ~ng out of or in connection
Page 27 o£ 29
with th~ handling, discha~g~ t~ansmlsslon,
· ~ to, ~o~
~d pay for ~h ~b~c ~ ~d pro~ d~e ~ce ~ ~y bo d~ to pro~de
prot~ion ~ loss, co~ ~d ~e by r~n of~ to or ~e d~ ofp~ or ~ to
or ~e de~on of prop~
~on 8.06. Bindinf Effm: ~s ~o~ ~d
red.om h~
colorlon or o~ le~
~p~e ~rs or u~.
~onS,~, Duration: ~sD~l~on~re~omi~o~~~
· e R~ E~e
~od of ~-five (25) y~ Dom ~e ~ of ~o~ nd ~ ~~ ~ ~r
~ve p~o~ of
(10) y~
~on 8.08. Amendmm~
~ ~y ~
~d ~e
~e pro~o~ h~ not
to ~e by ~e ~op~ ~ long ~ ~e D~elop~ ~ ~ o~ of a ~ ~thin F~ T~.
Page 28 of 29
IN WITNESS WHEREOF, the undersisned has caused th/s Declaration of Covenants,
Conditions and Restrictions to be executed on the day and in the year first above wfittea.
"DEVI~J ~PER'
By:
Printed:
Title:
STATE OF INDIANA
COUNTY OF MARION
)
) SS:
)
Before me, a Nota~ Public in and for said County and State, personally appeared
, the of , who
acknowledged the execution ofthe for~oin~ Declaration of Covenants, Conditions and Re~'~c~ions
for ~ on behalf of said Corporation.
Witness my hand and Notarial Seal this
day of ,1999.
Notary, S'~nature
Printed:,
My Co~i-*~on Expir~:
County of R~sidence:.
This Instrument Prepared By:
James J. Nelson, Esq.
Nelson & Frankenb~rger
3021 East 98~ Street, Suite 220
~ndianapolis, IN 46280
Pa~e 29 of 29