HomeMy WebLinkAboutDeclaration of CovenantsBrooIcs Landing
Moffitt Farm
Chapman's Claim
DECLARATION OF COVENANTS AND RESTRICTIONS
~ded FebroxaT ~97
. ~,,,~ No.~
O~ce Of'he Recold,ti' 0f~T~rmgtGll COttG~
DEC/~ARA~O~ OF CO~EN~ ~ R~TRICT/O~$
D-~rr~gnns .................................................... 2
Dedarazion ................................................... 7
Add/fions to the T~act ........................................... 8
Tb.e T~k,~ ..................................................... 8
(a) Deve, topnz~ ............................................. 8
Co) T/fie ~-,~ Yain~z~ ...................................... 8
(c) Use .................................................... s
(d) lr ~lr. Liner .............................................. 9
The Ponds .................................................... 9
iai-* D~elopmtmI ............................................. 9
(b) T'~e ami Maint~ce ...................................... 9
(¢) Use ................................................... ~o
The Commom ................................................ 10
Parks ....................................................... 10
9. Dmi-~ge System .............................................. 11
10. Paihs ami Path lights .......................................... 11
1L Private Drives and PI:iv'ate Gates .................................. 11
(a) Mainte~--ce of P~i.~e ~ ............................... 11
(b) l%f.i.t~.~ Of lh~vatc Gates ............ ' ................... 11
I2. ~.m-y Ways and r~,~dscape ~asemeats 11
Site Furnhure and Fac/lit/es ...................................... 17.
Round-About and Street Trees ................................... 12
Prairie V'mw Homeowners Association, Inc. ..........................I2
ia) ~ea~oe~p .. . U
(¢) c.-.es of M~.~e:s .....................................
(d) Vo~g ~d Other Rights of Members .......................
(e) Rescue for Replacemenu ................................ 13
(f) Mainte~nce Standarch ..................................
(~ T.;,~u~ions on Ac'don by the Corporation ...................... 13
,0~) Mer~e~ ..............................................
(a) Creation of the Lien and Perso,~ Obligation of Asse.ssmcnm ...... 14
Cb) General.assessment . .- ................................... lS
(i) l~=pose of A.~esm~t ........................ 15
(i/) Bags £or A,~,,-,~ment ..........................
(1) ~m ~ ..............................
(2) Lorn Owned by Dedar'~-, ................ 15
(~) Ch~ge in Basis ..................... 15
(iii) Method of ~ ................ 16
(iv) Allocation of
(C) Cnmrmmi~y Area Initial A.s,sess~nZ ................ ~ .. 16
(d) Par~ A~e.~ne~ .................................
(i) Purpose of As~ ............................ 17
(/i)Method of Assessmem ........................... 17
(th') Special,a,s~s~,~on~ ................................ 17
(e) Architectural Control A~essment ..... .. ...................... I7
(O Spec/al Asse~smem ....................................... 18
~)) Date of Commencement of Ass~ ....................... 18
Effec~ of Nonpaymem of Assessmems; Remedies of the
Corporation ............................................. 18
(i) Subordi,~=Hon of the Lien to Mortgages ........................ 18
0') Cenif~ ..............................................
(k) ,a,,,,.,~! Budget .......................................... 19
Architectural Control ...........................................
19
(a) The Architectural Review Board ....................... · ...... 19
Co) ~xrpe~e ................................................
(c) Condifiom .............................................. 19
(d) Procedures .......
.ii.
21.
Appl/cafion o£ Gu/det/nes and Staadards .................
Ded~n Consultants .................................
Ex/s~/ng Violations of De~.~at/on ......................
Ex~rc/s~ o£ Discrelion ...............................
L/ability of Board ..................................
In~on ........................................
Comm~i~y Area and Cot-mm1 Fo_,~qi*i~ .....
(a) Ownership .......................
Co) Demity of Use ...................
(c) Obligations of the CorporaIion .......
(d) t/ase, m~nts of ~-~oyment ............
(e) ~x~ent of F. asemen~ ...............
(0
ih)
Addifioml Ri~ of Us~ .......................
D~=le or D~truciion by Owner ................
Conveyance of T~e ....................................
22
22
22
22
22
2.3
24
24
Use of Trac~ ...............................
(a) Protective Cow'~.,~U ..................
(i) T~,,d Use .....................
(~) Nu/m~ .....................
(iff)Other Re~ficfiam ...............
(iv~ F. xeeptiom ....................
Coj'- M.i-tea~xc~ of Tract .................
.... 26
..... 26
(iii) Utitity Easemems .........
(~v)
(v)
(,~)
Dra/mge Board Basement .............
Croa/n~ Underground PAsements .........
~-ntry Way Easemen~ ................
T ~.d~.~e ~,aseme=~ .................
T ~t-e Aec~'EasemenIs ................
Com-~-~ Area ~ ~ . ..
Non-A~c~s _~:~m..,, .............
(e) ..........
(0 Dedaranfs F~uement to Cozrect Dr~-.~ ..............
(g) Water Reten~on ....... · ..........................
... 28
.28
.. 29
24.
25.
29.
30.
Use of ~ts Durlnt Development .................................. ~0
(a) By Declarant ............................................ 30
fo) By B~der~ ............................................. 30
T-i~m/0m on Rights of the Corporation ............................ 31
A~rovah by Declarant ......................................... 31
(a) No,ice to Corporm/on ..................................
Co) Nodc~ m l~o-.~a~ee~ ......... .........................
(c) Not/c~ of Unpaid Assessm~s ...., .......................
(d) F~"'~ Stateng~ ...................................
(e) ?~ by ~ortg~= ................................
... 31
... 31
.. 32
.. 32
.. 32
.. 32
(c) Effe~,;ve Da~e ........................................... 33
Interpre_.~Uo~_ ................................................ 33
· Duxation .................................................... 33
Non-L/ability of Declarant ....................................... 34
Spe_~ Provisions Applicable to the Applegate Parcel .................. 34
Compliance with the Soft'Erosion Control Plan 34
(a) The Plan ............................................... 34
(b) hdem~7 ..............................................
~/bit A
F..xh/b/t B
,E~aibit C
Description of DeveJ_opmem Area
C_,encral Plan of Developmem
Description of the Tract
Description of the Applega~e Parc,.l
DECLARATION OF COVENANT5 AND RESTRI~!"I'ION, q
T~ Declaration, made as of the ~. day of February, 1997, by
BDC/CARDINAL ASSOCIATES, L..P., an Indiana ~im~tecl pa~t~-s~/p ('Declara~),
WITNE$SETH:
the following facts are rote:
A. . Declarant owns, or has the right to acqu/re the rea~ esta~ located in
Coum~, Indiana, descried in~ and depiaed on ~ upon which Declarant
intends, but/~ not obligated' to develop a reddem/al com-~,~i~y to be known as Prairie
B. Deel=~nt intends, but/s not obligated' to develop withl. Pta/tie View three
(3) residential subdivi~'o~ to be known as Brook~ Land/ng at Ih-a/fie View,
/'~-im at Prairie View and Moffitt Farm at Prairie V'mw.
· .C._. Declarant in~,,,t;; but is not obligated, to comtmct cerr~i,~ improvements and
=~',~es m ~z-~rie View which sha~l constitute Com~mlty Are~.
D. Declar~*. des/res to' prov?.e for ne. .preservation and enhancomem'of the
prope~ vaine.~ amemt/es ~ oppar~ues m tSa/t/e View and for the mn~tenanc~ of the
Tract and the iw~r. ovemems thereon, and to *~* end de.s/res to subject the Tract together
w/th tach add/t/om as may hereaf~ be mn~e thereto (as provided in Para/~h 3) to the
cove~, rera/ction~ easem~ char/es and liens her~fter set forth, each of which is
for the bene/k of the Lots and lands in the Tract and the fnt~re ~ thereo£
B. Declaram deems il'/tesirable, for the eft/dent preservation of the values and
,m,-~t/es in Pra/n'e View, to create an a~ency to which may be delegated and ~d the
powe~ of own/~ m=~,~$ and adm/n~ the Com~,~y Area, ~w~ring and
enforc/~ the R~a'icfion~, coliecfin/and d/sbur~n~ the Asses.~nems and c~r~es here/na/ter
created, end promot/nt the recreation, hca/th, ~f. ety and welfare of the Ownex~ of Lots in
Pra/r/e View.
P. .Declarant hes inco~orated under the laws of the State of Indiana
noffo~ro~t corporation known as Prairie View Homeowners As~odation, Inc. for the
purpose of exercising such Innct/on~.
NOW, TKER.1/FOP,.B, Declarant hereby declares that all of the Lots and lands in
the Tract and such additions thereto as m~y her~ be made purmant to Paralwaph 3
hereof, as they are held and shall be held, conveyed, hypothecated or encumbered, leased'
rented, used, occupied and improved, are subject to the following Resuicdous, all of which
are declared to be ill fttrtherance of a plan for the improvement and sale of Lots in the
Tract, ami are es:ablished and agreed upon for the purpose of enhancing and protecti,~g the
ralue, desirability and attractiveness of the Tract az a whole and of each o£ Residence.s, Lots
alld l~rts sitllated therein. The Rezlrictions shall mn with the l~'nd and shall be b~ai~5
upon Decta~nt. its sa~ce.s~o~ and azsigm, and upo- the parties ha~-g or a~q~r~.g a~
imerest in the Tract or any part or parts thereof subject to such Res:rictus, ~nd shall inure
to the bemefit of Declarant ami its succe~or~ ill title tO the Tract or any part or parts
L ]~t~.lgliiala. The fo~low~ng terms; az used in thi~ DedarafiozL u~c~s the
contex~ ~ requites otherwise, shall mean the following:.
"~" mea~ the real estate dezcr~ed in~.
'~" means the earlier off (i) the daze when all Lots in the
Development Area have been improved by the conslruclion thereon of
Residences or (ii) December 31, 2007.
"Architectural Con~rol Assessment' mea~s the a.~cssmem levied by the
Corporation pur~-~ to Paragraph 17(e).
-- "~cMtecmral Review Board' me~n~ tha~ entity e. ztabllshed
to Paragraph 18 of tt~ Declaration for the pu.,-posaz therein stated.
"Articles" m~,~ the Articles of hacorporadon of the CorporadOn, az
amended from time tO Hr.e.
"~se~men~" m~-.-< all .~m< lawfi~Lly a.~azsed ag~i,~ the Members
of the Corporation or az declared by thi~ Declaration, any Supplemental
De~,w~ion, the Articles or the ByLaws.
"~;J..ilt.l~a2~" meam the governing body of the Corporation
elected by the Members in accordance with the ByLaws.
~ m_-~-* that part of Prairie View designated on tho
General Plan o£ Development or a Plat az Brooks T ~.Hh~g at Prairie View.
~vLa~" me--~_ the Code of ByLaws of the Corporation, az ~mended
from ~ to time.
".~1~_~" mean~ that part of Prairie View design.ted On the
General Plan o£ Development or a Plat az Chapm~-'s C~i,~ at Prairie View.
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'~l~Iglll.~,~' me-~, (i) the Lake, (ii) the Ponds, (ih') ihe
Dr/v~ (iv) the Entry Ways, (v) the ¢o~,~,,,~ty Center, (v/) the ?ar~
the Co,~ons, (riff') the Drainage System, (ix) the Paths, (x) any uUlity servico
lines or facilities not m~i,,*~i~ed by a public utility company or governmental
a~ency that are located on, over or below or through more than one Sect/on,
and (x/) any areas of land (I) shown on any Plat, (2) descn'bed in any recorded
imtmmen: prepared by Declaram or its agenu, or (3) conveyed to or acquired
to be devoted to the use or enjoyment of some, but not necessarily all, of the
Owne~ of Lots.
"CormYm_nirv Area Access Easement" means the area designated on a
Plat as a meam of access to a C~nr~rm,~ Area.
"C~mmunitv Area In/t/al Assessment' menn~ the/n/rial assessment for
the R~erve for Replacements required by Pazagraph IT(c).
"~" me-,,~ the Co,~,~n Lighting, the Site Furniture
and Facih'tie. s and other per~o,,n{ property of the Corporation.
".~llll~,l~llil~ me-,,, the lish~ st~dazcls, ~ bulbs and other
appurtenant, if any, imralled to ill~-t~ River Road, 131~t Steel ~d/or
"Comm~" means tach ~ if any, as may be denoted on a Pla~ as
"Commons" or desitplated a.s "Comrnom" ~ any recorded insmunent executed
by Declaram.
'.~ mea~ ~ o[ the Isnd depicted as "Co~rm,~ity
Center' on ~e ~ ~-- o~ D~o~t ~ Deel~ ~ ~e
a~le ~ a ~ for d~o~ of regional ~ o~er ~i~
~ or, ff m~ ~ ~ so d~ope~ ~e ~ d~ted ~ a P~ ~ ~e
'Co~-i~ ~ to~ ~ ~ ~r~ ~eto ~ ~
~ ~ ~ereom
'.~d~llllZi~g~" means Prairie View Homeowners As~ocht/on, Inc., an
Indiana nonprofit.corporat/o~, its mcc~sors and assign.~.
~ m"~'~ BDC/Cardizufl Assochtes, L.P, its successors and
assigns to its interest in the Tract other than Owners pur~,,';-~ Lot. s or
Residences by deed from Declarant (,,-le~ the conveyance incli~ed an
intent ,h.l the ~ assume the ri~h~ ~ obligatiom of De~l-,~t).
'~..~' means durint such period as such deai~ation by
Declarant may continue, any Person engaged in ~ consu~c~ion of more than
one (1) Residence on the Tract who i.~ designated by Declarant a.s a
'De~?~ed Builder'. Declarant may make and revoke any such dcsi~afion
at any time ~ from fir~ to time.
~' mea~s an area depicted on a Plat which has been
engineered to accommoclam from tlm¢ to ,~me ~e water drainage.
'~" mea~s the l=,.d described ~ ~ together
with any additional land added tn the Tra~ pursuan~ to Paraizaph 3 of this
Deel~ralion.
'~" mea~ the Carmel Board of Public Works,. its
Sl1¢C~,~01'30~ ~
~I~" me. hq the open dr'-i~-~e ditches and swales, the
subsur/ace drain~e tiles, pipes and s=ucmres, the dry and wet retention
and/or det~uion ponds (i~du~i~ all Detention Area.s), a=d ~he other
su-ucmres, ~res, properties, equipmen~ a~d facili~es (exctucli~t ~e Lake
and the Ponds) located in the Tract and designed for the purpose of
con=oiling, re,~i,~g or expediting the drainage of surface and subsurface
waters from. over. and across the Tract. including bu~ no~ ~r,~tcd tO those
shown oTrefeared ~o on · Pla~, all-or Fart of wMch may be esmb!~hed as
lc/al d~-ains sub, eot ~o the jurisdiction of the Drainage Board.
"General Plan of Development' means that plan prepared by Declarant
and approved, ff necessary, by a~propriate public agencies that outil-es the
to~al scheme of developmenl and general uses of I,~d in the Development
Area, a~ such m~y be amended/rom time to time.
· 1~ means a portion of a Lo! denoled on a Pla~ as
an area to be landscaped.
"Lake" me~,,s ~he lake located in Moffitt Farm.
"l.ake Access Easement" me~ the area desisnated on a Plat as a
me~s of access m the ~ or a Pond.
~ men~ the geosyntheti¢ co~tn~ment system, if any,
installed by Declarant to control the water level o£ the !
means a planed lot as shown on a Plat.
'Eot Develonment PI~" me~s (i) a site plan prepared by a Ecemed
e,~,,eer or architect, (ii) fo,,~_-dafion plan and proposed S~i,~ed floor
elevations, (ii/) bu/i~i,,g p~-,,,, including elevation and floor plans, (iv)
material plans and spe,~Scatiom, (v) lands~:qng plan, and (vi) ail other daza
or info,~-,~on that the Architectural Review Board may reque.~ with respect
to the improvement or alteration of a Lot (~ctuding but not l~mhed to the
landscaping thereof) or the construction or alteration of a Residence or other
structure or improvement thereon.
"~[ail~" m__e~ all of the cost~ neceasaz7 to keep the
facilities to which the term applies operazio,~.! and in good condition,
incind~ but not llmlt, ed to the cost of all upkeep, main. te~.~ce, repair,
replacement of all or any pan of any such facilitT, payment of all imurence
with respect thereto, all taxes imposed on the facih'ty and on the underlying
land, leasehold, easement or rightofway, and an7 other expense rela~ed to the
co~fim~ ,~.~-te~.-ce, opera, ion or improvement off the ~acility.
"Member" means a member of the Corporation and "Members" means
all membe~ of the Corporation.
~o~ Farm" meam that part of Prairie View de4.~-ted on the
General Plan of Development or a Plat as Mol/in Farm az Prairie View.
~" meam the holder of a ~ mortgage on a Residence.
"Owne~ me. am a Pe~on, incindin~ Declarant, who at the time has or
is acquiring az~ interest in a Lot except a Persen who has or is acquiring such
an interest merely as security for the perfor-,,,,ce of an oblisafion.
L
Ttr~el" means each o£Brooks Landing. Chapm.,,'s Claim and lVloffi~
Farm ami any other platted subdivision withi~ the Development Area that
subject to the same Supplemental Declaration or is declared by Declarant to
constitute a 'Parcel'.
~ meam such land as may be denoted on a Plat as 'Park" or
designated as 'Park" in any recorded/nsw, r~em executed by Declarant.
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'Part of the Development Area" mca.us any part af the D~velopmcm
Area not included/n the Tract.
~Pa~s" me=~, those walkways and/or b/keways installed pursuant
Para/r'aph 10 s~d such other rea/estate or/z~ere~t therein a~ is con~,eyed or
granted to the Corporation/or the purpose of be/ug u~ed for wa/k-ways and/or
b/k~'ways.
'P. alh. Li$~' means the light s*~vdards, condui~ wiring, bulbs and
other appurtemmces, i~ any, installed to ill~mi~nt~ the Paths.
Teflon' meam ~n ind/vidua~, firm, corporation, parme~fl~ip,
· ssociafion, trust or other le/a~ enfitT, or any combination thereof.
'.~.I~ me. am a F3nal secondary plat of a portion of the Development
Area executed by Declarant and recorded in the Office of the Recorder of
"Pond" means a body of waler located in the Developm~ul Are~
depicted on the General pt,,~ of Development (other than the. Lake) md
~.c~li" n~s all of such bodies of water (or. her than the Lake).
~ ' .~,~.~" ~ a street, lane, road, dr/veway or other right-of-
designed to' provide access to one or more Lots that ha~ not been
. accepled for m~i,~mance by a.public author/ry.
~' means a security ga~e controlling access to and from a
Drive.
'Reserve for Rep_ lacements' me~ a fund established and m~i~*~i~ed
by the Corporation to me~t the cos~ of per/odic m~i,~en,,~ce, repairs, renewal
and replacemen~ of the Co,,,,~,,-~17 Area and the Co,~,~on Facilit/es.
~e~d~ce" meam a structure/ntended exclusively for occupancy by
~ s/n/lc ~,ml]y totether with all appune~=,~ces thereto, including private
~ara~ and outbuil,ti,,~s and recreational facilities usual and incidental to the
use of a single f~rmqy re~idengal io~.
~" m~-< the covenan~ conditions, easements, charges,
lien.s, reslr/ctions, rulc~ and re~lafions and all other provisions set forth in
this Declaration, all applicable Supplemental Dectarafiom and the Re/ister
of Re/~d~tlom, as the same m~y from ~,,,~ to tlr,,~ be ~mended.
"Re,stet o~ R~n~l~9~"' me.~ ~e documenl: coot~,~ rules,
re~flafions, poiicle~ and procedures adopted by the Board of Directo~ or the
Arch/~ectural Review Board, ~ the s-~-~ may from t/roe ~o t/,~e be amended.
the traffic circle at the imer~ecfion off l~ls~
"Sect/on" meam that portion of the Developmcut Area that/s depicted
on a Plat.
"Site F-urn/rare and Facilities" me-,~< any furn/t~re, ~ contrduers,
saflpture or other iurn/ture, fixtures, equipment or facilities constructed,
~,,,'~ned or placedin the Developmem Area by Dedaram or the Corporation
~,,~ kn~n_d~d for the co-,~,on use or benefit of some, if not ~ of the
"~" me-,~s the trees planted by Declarant withi~ the right-o£-
ways of public streets (including the me,~i-,~s thereof) w/tt~i,~ and adjacent to
Prairie View, as the same may be replaced form t/r~e
"Su~_~lemental Declaration" means the Supplemental Declarations of
Cove--~ and R~trictions for each of Brooks l~i~g, _t~pr~.~'s C%ir.
a~l Moj~t~ Farm and any Plat or other supplementary declaration of
cov--=~, cond/~ns or resn-ict/ons which maybe recorded and wh/ch ex, erich
the provim~m of this Dee!~,afio,~ or any previously recorded Supplemental
Dech, afion to a Section and coumi,~s such complementary or supplementary
provisions for such Section as are required or permitted by this Declaration.
~ meam the land described in ~ and such other real
esm/e as m.y from t~me to ~me be ~-,~exed thereto under the providons of
Paragraph 3 hereof-
'7~I/~~v/th respect to any action me.-~ the D/rector of
the Department of Economic and Comvr.,~ity Development of the Cky of
Carme/or, where he lacks the capacity to take action, or ~fl~ to take such
action, the govermncnUfl body or bodies, =~.-~,,~wative or judicial, in which
authod~/is ves~ed under applicable law to hear appeah from, or review the
ac/on, or the f. il-ve to act, of the Director.
2. ~ Declarant hereby expressly declares that thc Tract and ~
add/fions thereto pursuant to Paragraph 3 hereof shall be held, tram/erred, and occupied
sub/ect to the Re.str/~ons. The Owner of an), Lot subjea to these Re~u-ictiom, by (i)
acceptance of a deed conveying title thereto, or the execution of a contract for the purchase
themo2 whether from Dechram or a subsequent Owner of such Lot, or (ii) by the act oi
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occupancy o£ any Lot, shall-accept such deed and execute such contract subjec~ to each
la, e.s~ction and agreement herein cont=i,~ed. By acceptance of such deed or execution of
such contrac~ each Owner acknewled§ex the rights and powe~ of Declarant and of the
Corporation with respect to these Restrictions, and also for itseJ/~ its he/rs, personal
representatives, snece, s~ors and a-~igus, ¢ove~=~ts; agrees and consents to and with
De,-~=,-=,,t; the Corporaz/on, and the Owners a~ subsequent Owners of each of the Lots
affected by these Restriction.s to keep, observe, comply with and pedorm such Resu/c~io~
3. Addit/ons to the Tract Declarant shall have the right to bring within :he
scheme of this Declaration and add to the Tract real estate that /s a Part of the
Development Area or that is contiguous to the Development Area. In determlr~5
contigu/l% public rights of way sh~ll llot he colL~/dered.
The additions authorized under this Paragraph 3 shall be made by the ~'lln~ of record
of one or more Supplemental Declarations with rea'pea to the additional real estate and by
mi,%~ with the Corporation any revisiom to the General Plan of Development necessary to
reflect the scheme of development of the add/tional real estate. Unless otherwise slated
therei~ such revidom to the General Plan of Development shall not bind Declarant to
m~. the proposed additions. For purposes of this Paragraph 3, a Plat depicting a portion
of the Development Area shall be deemed a Supplemental Declaration
(a) ~ Dee!.,~nt intends, but is not obligated, to
· develop the !~ke. Declarant reserves the right, subsequent to commencement
of development of the Lake, to determine the size and configuration thereof
(which may vary/tom that depicted on the General pl.n of Development
attached as Exhibit B hereto).
(b) - 'rifle and Maintenance. Declarant shall convey rifle lo the ! ~Ice
to the Corporation. The Corporal/on shall be re.spomfi~le for mnl,ntnlw/~ the
Lake. Thc Y~ten~ce Costs of the Lake shall be aasessed as a General
. Asse~ment ag~i~s~ all Lots subject to assessment. Each Owner of a Lot that
abuts the ! ~ke shall be responsible at all times for m=int~ir~ng so much of
the b-nk of the Lake above the pool level as constitutes a part o/~ or abuts,
his Lot (exclufive of the Lake Liner and any Path) and shall keep that portion
of the Lake abutting Iris Lot free of debris and othe. twhe in reason-hly dean
condition.
(c) Use. No boa~ shall be perm/tted upon any pan of the Lake
except if and to the extent authorized by the Board of Directors and then
sublect to such roles and regulations as m=y be adopted by the Board of
D/rectors. No' dock, pier, wall or other structure may be extended into the
Lake without the prior written consent of the Architeam-al Rev/ew Board and
such governmental au~ority as ,~y have jur/sdia/on thereover. No
swlmr~i.~ will be permitted in the Lake except if and to the extent authorized
by the Board o£ Directom Each Owner of a Lot abut~g thc T.ke ~
inde,~,ti~ and hold harmless Declarant, the Corporation and each other
Owner agaimt all loss or ~.~.~e inctured as a rasult of injury to any Person
or a,~m,ge to any property, or as a result o£ any other cause or t~.~ arising
from or rela~ed to use of, o£ ac~s_, to, the Lake by any Pe~on who g~i,,,
access thereto from, over or across tach Owner's Lot. Declarant shall have
no I/ability to any Person with respea to the l~k~, the use thereof or a¢c~s
thereto, or with respea to any damage to any LOt resulting/rom the 1 ~ke or
the pro~ir~ity of a LOt thereto, including loss or damage from erosion.
(d) ~ke ~ne~. Itl a Lake T.i. er is imtalled at time of development
of the Lake, the stability of the water level in the Lake will be. dependent
upon maimenance of the h~egrity of the ~ Liner. I/a l~ke Liner h
imtalled, the Corporation shall be responm'ble for m.l-tenance of the Lake
~.~ar and the M~-t~-~-ce Costs thereof ~ be assessed as a General
Ass~.~ment a/aiust all LOU subject to asse.~ment except that an Owner who
camas or permits any d-m%oe to the Lake vi,er shall be solely responsible
for the cost of repairing tach a~rn~ge and shall inde,vmlty and hold harmless
Declarant, the Corporation and each other Owner ag~i-~t all loss or a=m~!e
incurred a~ a result o£ injury to any Person or ~,~!¢ to any property, or as
a ~-e.sult ~ any other cause or t~i~g, ari~i,~g/rom or related to damage to the
Lake Liner caused by such Owner or any Person hav/ng or g~i~i,,g acce.~ to
such Owner's LOt with the knowledge or consent of such Owner.
(a) ~ Declarant intends, but is not obligated, to
develop the Ponds. Declaram r~rves the right, subsequent to'
commencement of developmen~ of the Pond.% to determine the size and
configuration thereof (which may vary from that depicted on the General 1~,,,
of Development arrayed a~ Exhibit B hereto).
(b) Title end Ma/nlenance. Declarant shall convey t/fie to the
Ponds to the Corporaiion. The Corporation shall be responsible for
r-~i-*~;v~-g the Ponds. The Ms/n~enance Costs of the Ponds shall be
assessed es a General Ass~.~ment ag~i-~ all Lots subject to assessment.
F. ach Owner of a Lot that abuts a Pond shall be responsible at all times for
m~i~i.i.g so rrmch of the bank of the Pond above the pool level as
constitutes it pan of, or abuts, his Lot (exclusive of any Path) and shall keep
that portion of the Pond abutting his Lot free of debris and otherwise in
reasonably clean condition
(c) Use. No boats shall be permitted upon any part of a Pond. No
dock, pier, wall or other structure may be extended into a Pond without the
prior written consent of the Architectural Review Board and such
governmental authority as r~y have jurisdiction thereover. No swlmr~i~g will
be permitted in any Pond except if and to the extent authorized by the Board '
of Director~. Bach Owner of a Lot abutting a Pond shall indem,,i~, and hold
harmless Declarant, the Corporation and each other Owner against all loss or
a~m%~e incurred as a result of injury to any Person or damage to any
property, or as a re~lt of any other cause or thi~5, arising from or related to
use o/~ or acc~ to, a Pond by any Per, on who g.~i~s ace,s thereto from, over
or across such Owner's Lot. Declarant shall have no I/ability to any Person
w/th respect to a Pond, the use thereof or access thereto, or with respect to
any a~m=~e to any Lot resulting from a Pond or the pro~imlty of ~ Lot
thereto, includi,~g loss or a~m~ge from erosion.
6. ~. Declarant shall convey tire to the Commons to the
Corpozation. The Corporation shall be respondble for malnta/n/ng the Commons and the
Y~intenence Costs thereof ~ be assessed as a General A.~essment ag~i~ ail Lots
subject to assessment. F. xcept for underground utility fadlifies, no permanent improvements
shall be made to or installed on the Commons other than lighting, seating,
pl~fing stractt~res and fou~=i,~ or other nonrecreat/onal water features. The use of the
CorrrmonS shall be subject to rules and regular/ohs adopted by the Board of Directors wh/ch
are not incort~-i~ent with the provisions of ~i~ Declaration or any Supplemental Decta..-afiom
7. Par~. Declarazn shall convey rifle to the Parks to the Corporation. The
Corporation shall be respons~le for m~i~t~i~it~ the P~r~:3 and the M~i~;enance Costs
thereof, together with any costs incurred by the Corporation in connect/on with the
improvement thereof, shall be assessed as a General A.~essment a~i,~t all LOts subject to
assessment. The nsc of the Parks shall be subject to ntles and regulations adopted by the
Corporation which are not inco,,si~tent with the provisions of t~is Declaration or any
Supplemental De~-ration.
8. .~;- Declarant intends, but is not obligated, to cons~roct in
the area designated on the General Plan of Development as the Comm,,,~ity Center a club
house, bath house, sugmmi,~S p0ol, te,~ courts and other recreation-! and c0mrmr~ity
fiu:ilifies if development of the Development Area should, in the sole judgement of
Declarant, justifT tach COnstruction. If Declarant undertakes the development of the
Comr~,,,ir] Center. or aay pan thereo/~ Declarant intends upon completion o£ com'a'uction
to COnvey the same to the Corporation prior to the Applicable Date free and clear of all
Rtmzu:ial encumbranc~ and other liens securing indebtedness of Declarant but subject to
the right of Declarant to use the Comm~nity Center as provided in Paragraph 22(a). The
Corporation shall be respondble for m,i~tenance of the Comrm~nlty Center and the
M,i~tenance Costs thereof shall be assessed as a General Assessment ag~in~ a~l Lots
subject to assessment. The Board of Directors m~y adopt such rules and regn~ons with
re,peet to the use of the Com~-,~{V Center as it deems appropriate and may ¢
reasonable fees for the use thereo/; but no rule, re~lafion or charge shall be incons
with the provis/om of tiffs De~!~ra~/on or any Supplemental De~l~rafion.
[
9. ~ The Dr~i,~.le System has or will be consmtcted for
purpose of comrol]i,g dr~i,~,Se withl, ami adjacent to the Development Area
m.i~*.~,~,~ thc water level in the r ~re and the Pond~ The Corporation shall m~i,.~,~
'Dr~le System to the extant not maintained by the Dr~i-~e Board and the M.i,-~naz
Costs thereof shall be asses.~d ag~i,,~t all LOts subject to assessment serviced by that p~
of the Dr~i,~le System with respect to which Ma/ntenance Costs are incurred. Each Own,
shall be ind/~d,,.It¥ ti.l~le for the cost of m.l.t....c~ of any drainage system locate
entirely upon kis Lot which h devoted exclusively to drainage of his Lot and is nc
rv~-~ed by the Dr~i,~ge Board.
10. Paths and ~'~th L/_~hts. Dechrant may, but is not obligated to, install the
Paths and Path L/ghts at the approVing, re locat/om depicted on the General Plan of
Development and may reserve easements for such purpose over and across Lots. If
ir~=!led, the Corporation shall operate and m~i,~=i, the Paths and Path L/ghts and the
Maime~,~ce Costs thereof shall be assessed as a Gener~ Assessment a~i,~,~ all Lots
subject to as.~-,~ent The Board of D/rectors m~,y adopt such rules and re/ulafions with
respect to the use thereof as it may deem appropriate incl~di,~g but not llrrd~ed to the
prohibit/on of the use of all or some o/the Paths by bicycles, skateboards and/or motor/zed
or non-motorized vehicles.
11. Private DIives and Private Gates.
(a) Maintenance of Private Drives. Unless'otherwhe provided in
a Supplementary Declaration, Declarant d~!! m.~.t.~, each Pri~te Drive in
good condition .~.'~ctory for the purpose for which it was coosu'uc~ed until
the earlier of (i) December 31, 1999 or (ii) the date on which Res/dences
have been constructed on seventy-five percent (75%) .of the Lots fronting such
Private Drive, at which t/me respo,~'bility for the mainte,~=,~ce thereof shall
be a.~rned by the Corporation. The M~.tenance CosU incurred by the
CorpOration in m.int=i.i~g a l~z~9~J;e Drive shall be assessed a~i~t all Lots
whose principal me~-~ of vehicular acc.ss to a public r/ght-of-way is over ~nd
across such Private Drive.
(b) Ma/menmace of Pr/rate Gates. Private ~-ates shrill be
m~i-t=~ed by the Corporation. The Mainte~ Costs incurred by the
Corporation in m~t~;"~nS Private Gates sha~ be assesed a~inst all Lots
whose principal access to a public rift-of-way is through a Private Gate.
12. Entry Ways and Landscape !=a~ements. The Corporation shall m~i-t~in the
Entry Ways and all improvements and pianfin~s thereon, and the Maintenance Costs thereof
-11-
.~h~l! be assessed as a General. Asses.~nent ag~ in~ all ~ mbjea to ~en~
~ ~bs ~d o~ p~ lo.ed on ~ ~ Way
~ted or ~mmcd ~ re~o~ly re~d to re=intel. ~ a~e en~ce to
~ or a p~ ~eo~ ~ ~ce ~ lo~ed on ~ ~ Way
~ d~ ~ good ~ fi~fly ~fion a~ro~ m a ~t~ r~de~ ~o~
U~ ~e' Bo~d of Dke~o~ de~-~ ~ ~ or some of
~ or P~ ~e~m~ ~c ~ of e~ ~t upon wM~
13. ~ Declarant may, but is not obl/gatcd to, immll Common
Lighting in the Tract and may reserve easements for such purpose over and across LoU.
If/x~talled, the Corporation ~ operate and m.int~in the Common L/ghting and the
M_~irn~nCe Costs thereof shall be assessed as a General Assessment against all Lots
subject to assessment.
14. Site Furniture and lraciHties. Declarant may, but is not obligated to, construct,
imt~Jl or place .Site Fumituxe and Facilities in the Tract. If it does so, t/fie thereto sh~il be
convoyed'~o th/"Corporat/on. A/ter conveyance to the Corporation, the Corporation shall
m~nmi,~ the '~ite Furniture and Faclh'fies and the lVf~,,tenance Costs thereof shall be
15. Round-About and Street Trees. The Corporation shall maintain the Round-
About (exclu~ve of the ~treet pavement, curbs and dra/nage structures and t/las) and the
Street Trees (including replacemen~ of such trees as appropriate), and the M~intenance
Costs thereof shall be assessed as a General Assessment. against .all Lots subject to
as~c,~lllenL
16. Prairie View Homeowners As~aciation. Inc.
(a) ~tCl:ah~. Bach Owner shall antomat/cally be a Member
and shall enjoy the privileges and be bound by the obligat/ons con,.ined in
the Art/cles and ByLaws. If a ?erson would reallee upon his security and
become an Owner, he shall then be mbject to all the requirements and
limitations imposed by thi~ Dee~aeafion on other Owners, including those
provisions with respect to the payment of A.~e~ments.
(b) Powers. The Corporation shall have such powers as are set
forth ia th~ Declaration and in the Articles, together with all other powers
that belong to it by law.
(¢) .~lil~l[~lllh~. The Corporation shall have a singie ~-~-~
of membe4's.
(d) Votin_~ ~nd Other Ri_~hts of Members. The voting and other
rights Of 1Vlemher$ shall be as specified/n the Articles arid ByLaws.
(e) Reserve. for Replacements. The Board of Directors shall
establish and mnlnt,ln the Res~-'ve for Replacements by the allocation and
payment to such reserve fund of an nmount determined nnn'nnlly by the Board
to be .~ent to meet the cost of periodic mnin~enance, repair, renewal a~i
replacement of the Comnmnlty Area and the Common Facilities. In
deterr~i~.g the amount, thc Board shall take into consideration the expected
use. tiff li/e of the Comrmmi~y Area and the Common Facilities, projected
increases in the cost of materials and labor, interest to be earned by such ftmd
and the advice of Declarant or tach consultants as the Board may employ.
The Reserve for Replacemems shall be deposited in a special account with
a levrllng imtimtion the accoums of which are imured-by an a~ency of the
United Stales of America or may, in the discretion of the Board, be invested
in obligations o/~ or frilly guaranteed as to principal by, the United States of
Americar- Prior to the Applicable Date, funds from the Reserve £or
Raplacements may be withdrawn and applied at the direction of lleclaranI to
llleet the co~ts of peliodic mni~t~n~llce, repairs, renewal or replacement of
the Cornrnn~i~ Area and the Common Facilities.
(f) Maintenmace Sts. ndards. In each imsumce in which this
Deel,wltion imposes on the Corporation a mo{nlennnc~ obligation with
respect to the Co-,,,,,,,iV. Area or a pan thereof; the Corporation shall
maintain the Com~.,~ty Area or designated pan thereof in good condition,
order .nd repair substantially comparable to its condition when oritimlly
consu'ucted, ire'tailed or planted and compau'ble in appearance ~nd utility with
a first-class residential subdivhion. Gr'~s~ trees, shrubs and other planfiu/s
loca~ed on the Comr~amity Area for which the Corporation has
respons/biliv/shall be kept nearly cut, cull/rated or trimmed as reasonably
required snd other~rise m~i-~i-ed at all times in good and sightly condition
appropriate to a first-clasi residen~n! subdivision '
(~) Limitations on Action by the Cor!)orali0n. Unless at l~ast
twothirds of the Mortgagees (based on one vote for each I~rst mortgage
owned) or twot~irds (2/3) of the Members (other than Declarant) have given
their prior wri~en approval, the Corporation, the Board of Directors and
Owners may not: (i) except as authorized by Paragraph 19(a), by act or
· omni'on seek to abandon, partition, subdivide, enc~mber, sell or tr~-~er the
Com,wuinty Area (but the gran~g of easements for public utilities or other
public purposes con.sislent with the intended use of the Cov-~m,~D~ Area shall
not be deemed a tramfer for the purposes of this clause); (ii) £a/l to mo~,~,,~,~
fire and extended coverage in.surance on insurable C~mrm,,~i:y Area on a
current replacement cost b.~s in the amount of one htmdred percent (100%)
of the klsurable value (based on current replacement cost); (iii) use hazard
insurance proceeds for losses to any Cor~rm~,~V/Area for other than the
repair, replacement or reconstruction of the Comm~,nhy Area; (iv) change the
method of determ~r,~-~$ the obligations, a.s.ses.smenl~ dues or other charg~
thai m.y be levied ag.~n~t the Owner of a Residence; (v) by act or omission
eh.nge, waive or abandon any scheme of regulations or their enforcement
pertain~ ~o the archi:ectural desigll or the exterior appearance o~
Residonces, or the mainte~-~ce and upkeep o£ the Comrrnm~v/Area; or (vi)
~.o W m-~t~,~ the Reserve for Replacements in the amonn£ required by this
Declaration or any Supplemental Dcclaration.
(h) J~g~,~. Upon a merger or consolidation of another
corporation with the Corporation, its properties, rights and obligations n~y,
as provided in its articles of incorporation, by operation of law be transferred
to another surviving or consolidated corporation or, alternatively, the
properties, rights and obligations of another corporation may by operation of
law-be adfled to the properties, fights a~d obligations of the Corporation ~
a surv/ving corporation pursuant to a merger. The tory/ring or consolidated
corporation may ~dmi~ter the covenants and resm'ctions establhhed by this
Declaration within the Tract together with the covenants and resuictions
es~_nhli~hed upon any other properties as one scherzo. No merger or
consolS~ion, however, shall effect any revocation, change or addition to the
cow,~.~t~ establlsbed by this Deel.ration withi~ the Tract except as
hereinafter provided.
(a) Creation of the Lien and Personal Obligation of Assessments.
Declarant hereby covenants, and each Owner of any 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 Corporation the following: (1) General
A.~,.,~.,,enU, (2) the Co,~,,n~ty Area hitial Assessment, (3) ~,,,~,.~ and
special Parcel A.ssesements, (4). Architectural Control Assessments (to the
extont levied) and ($) Special A.~es.smenu, such A-~sessments to be
estal~llshed and collected as herelnaflcr provided.
If two (2) or more Lots originally shown on a Plat are consolidated as
a sin/lc Lot by virtue of partial vacation of a Plat, or if a Lot is divided by
conveyance ofporfions thereof to owners of adjacent Lots, then, in either such
event, the vacated or d/vided Lot(s) shall cease to be Lots/or purposes o£
A.sseaunems under thi~ Paragraph 17.
All Asse.~sments, together with hnerest thereon and costs of collection
thereo/; shall be a charge on thc l-,,d and sha/l be a continu/ng lien upon the
Lot ~ wh/ch each A~essmcn: Ls made n~t-il pa/d in full Bach
~ W/ether with interes: thereon and cesU of collect/on thereof,
shall also be the perso,~=! obligation of the Pe~on who was the Owner of the
Lot at the t/me when the Assc.~smem be~m~ due.
(i) Pm'p_ ose of Assessrnem. The General Assessment
levied by the Corporation shall be u~ed excinsiveiy to promote
the recreation, health, sa/er/, and welfare of the Owne~ of Lots
and for the knprovement, m.i,~tenance, repa/r, replacement and
operation of the Comr~r/Area and Common FaciLities.
(1) Each Lot owned by
a Person other than Declarant shall be assessed
at a ~miiorm rate without regard to whether a
Re~/dence has been constructed upon the LOt.
(2) Lot~ Owned by Declarant. No Lot
owned by Declarant sha/l be asse.~ed by the
Corporation except such Lots as have been
i~np.toved by. the consUuction thereon of
Residences ~bich shall be subject to assessment
as provided in Clanse (1) above.
(3) The b.,i, /or
assessment may be changed upon
recommendation of the Board of Director~ if
such chaz~e is approved by (i) twothirds (2/3) of
the members (excludlnl Declarant) or twothirds
(2/3) of the Mortgagees (based on one vote for
each firs: mortgage owned) who are voting in
person or by proxy at a meeting of such membe:s
duly called for thi~ purpose.
(iii) Method of Assessment. By a vote o£ a majority
of the Directors, the Board of Directors shall, on the bash
specified in subpara/raph (ii), fix the General Assessment for
each a~ses~nenwear of the Corporation at an amount sufficient
to meet the obii~afions imposed by this Declaration and all
Supple-men~al De~rafions upon the Corporation. The Board
of DirectOrs shall =S~,~;sh the date(s) the General As~es.vnen~
shall become due, and the m.,mer in wMch it shall be pa/cl.
(iv) Allocation of Assessment. Certain of the costs of
m.i~,~i,~i,~ operating, res~ori~ or replacing the Comr~,r~ty
Al'ell. ~ COmmOn lr~ilil/es have been allocated in this
De~l=~ation ~r-nui Owners of Lots on the b.~is of the 1ocaiion
d the lands and ~pr~vemenm conslimfing the Com~o,,,i~y
Area and COmmon Facilities and the intended use thereo£ hi
determlni~5 the General A.ssessmen% cos~ and expenses which
in accordance with the provisions of ~hls Declaration are to be
borne by all Owners shall first be allocated to all Owners.
Costs and expenses which in accordance with the provisions o£
this Declaration are to be borne by the Owners of cereal- Lots
shall then be allocated to the Owners of such Lou. The
provisions of subpara/raph (ii) for,~,~iform a.~essment shall not
be deemed to require dml all ess~rnents a~m(~l vacaut Lot~
o~-Lots improved with comparable types of Residences be
equal, but only tb~ each I.~t be a.i~e,r~ed ,~ni~orn~ly with re~t)ect
tO C. Oll~)~'3~)Ie Lot~ ~'q.lbject to asse.t.~l~cnt £or ~m(1,r ¢o$~ ~
(c) Cornmuniw Area Initial Assessment. Except a~ otherwise
provided in Para/zaph 32 of th;s De~4.rafion and ~less otherwise provided
in a Supplemental Declaration, on the earlier of (i) the date a Lot is conveyed
by De~hram to an Owner (other than the holder of a first mort/~e on such
Lot in a conveyance wh/ch'consfimtes a deed in lieu of foreclosure), (h] the
chUe a Reddence constructed on the Lot has been ~ed for occupancy by
the Zo~i~ Authority or (iii) the date a Residence on the Lot is first occupied
by an Owner upon completion of conslrucl/on thereo/; there shall be due and
payable to thc COrporation by the Owner of such Lot the sum of live
Hundred Dolhr~ ($$00.00) which shall be deposked in the Reserve for
Replacements m~i,~t-h~ed by the Corporation.
(i) Pu~ose of Assessments. Parcel Ass~smen~s d~all
be u~ed for such purposc~ ~s are authorized by the
Supplemental Declaration for tach Parcel.
(ii) ~[ethod of Assei~nent An ~nmlal Parcel
A~e~sment shall be l~ed ~ ~e Coloron ~t
a P~ ~ ~e b~ set fo~ ~ ~e
De~ for m~ P~c~ ~ ~c~d ~ ~ed
Co~o~ ~e ~d ~ ~ ~ ~r~ ~ ~e By-
~ ~ ~e p~om of ~ $upplemen~ De~ou
~ p=c~ ~ for e~ P=~ ~e ~(s)
~ ~ become ~e, ~d ~e ~.~er ~ w~
be
~. ~ ~on ~o
· ~em,l ~ ~~ ~ o~ or'more of
s ~ for ~e ~ose of (A) d~a~ ~ whole or ~ p~
~e ~ of ~ com~o~ re~m~o~ rep~ or
r~t of a ~i~ ~provemem upon
~g ~ md pe~ prope~ r~ed ~ereto,
prided ~t my m~ ~e~m~ ~ have ~e
~]o~ of ~e ~ of ~U ~ ~e P=~ who =e vo~
pe~ or ~ p~ at a m=e~ of ~ ~ d~y ~ed for
a 5u~lem~ De--on re~ to ·
(e) Arch/tectm'al Control Assessment. If any Owner fails to comply
with the requirements of Paragraph 4 of a Supplemental Declaration relating
to the Parcel in which such' Owners Lot is located and/or the prov/s/ons of
Paragraph 18 of thl. Declaration, then the Corporation may levy ag-i,,.t the
Lot owned by tach Owner an Asscs.smem in an ammm~ determined by the
Board of Directors which does not exceed the ~reater of (i) One Hnndred
Dollars ($100.00) for each day that such fa/lure continues after written notice
thereof is ~/ven by Declarant or the Corporation to such Owner or (ii) Ten
Thousand Dollars ($10,000.00). Such A.s~es~ment shall constitute alienupon
the Lot of such Owner and may be enforced in the manner provided /n
subpara/raph (h) below. The levy of an Arch/tecraral Control Assessment
shall be in addition to, and not in lieu of, any other remedies available to
Declaram and/or the Co~oration prodded in tiffs Declaration, at law or in
-17-
~qu/~ ~ the c~ of the ~m{]ure of au Owner ~o comply ~th ~he ~rovL~o~ of
this Declaration and all applicable Supplemental Declarations.
(0 ~ In add/tion to such other Special
Assessments as r..y be author/zed here/n, the Co~oration may levy in any
fiscal year a Spec/a/A~e.~,rn~-~t appi/cable to tl~ year and not more than the
next four (4) succeed/nE fiscal years for the purpose of defraying, in whole or
in part, the cost of my comm~ct/on, repair, or replacement of a capital
improvement upon the .Co-,-'~,,~V Area, inctud/nE fixtures and pemo--t
property relating thereto, provided th.t ~ $llch Assent shall have the
as~ent of a m%~or/ty of the votes of the Members whose Lots are subject to
.~,¢~m~t with respect to the capital improvement who are voting in person
or by proxy at a nmeting of such members duly ca/led for t~i~ purpose.
(g) Date of Commencement of Assessment~. The General
Assessment and Parcel Assessmenu shall commence with respect to assessable
Lots w~da,, ~ Parcel on the first day of the month foliowinE conveyance of the
first Lot in the Parcel to an Owner who is not Declarant. The initi~l
Ass*-~'~ent on any a~essable Lot shall be adjusted accord/rig to the days
re,~-*a,,g in the month in which the Lot became subject to assessment.
Notwiths*~i~t the foregoing, /f an Owner owns more than two (2)
,,~i,~roved Lo~ the General Assessment shall not co,~,~ence with respect
to,such._n,~*~proved Lots until the earl/er of (i) the date the Owner
co,~-,~uce~ construction of a Reddence thereon or (/i) the first day of the
sixth mo~th follow/nE the date the Owner acquired t/tlc to the Lots.
(h) · l/ffect ~ Nor~_avment of ~en~: Remedies of the
~ ~ ~t ~t p~d
d~ m~y up~ r~olu~on of ~e ~o~d of ~e~om be~
due ~te at a p~t~e ~te ~ ~ea~r
~,~1 ~er~t ~ ~ be set ~ ~e Bo~d of D~e~o~ for ~ ~e~nt
~. ~e ~~ ~ be ~fifled to ~te ~ ~ co~ of ~mpet~t
~on ~y ~ a~on to co~e~ a de~cm ~e~em pl~
~ m~ ~~ ~ ~e ~o~on ~ pr~d for come.on of
~ ~~ ~ ~Ilm~, upon de~t ~ ~e pa~ent of ~y one or
~re ~~, ~e Co~omfion may a~e~ pa~em ~d dcd~e
en~e b~ce of ~d ~$~m~l due ~d parle
w~e or o~e~e ~pe ~bffi~ for ~e
nonme of ~e ~mm~,~i~ ~ca or ~e Common Fa~fi~ or ab~doment
of~ ~t
(i) Subordination of the ~en to Mort~a=~. The llen o£ the
Assessments provided for herein agaimt a Lot shall be subordinate to the lien
L
of any recorded ~'~ mortgage coverint such Lot and to any valid tax or
spe~-! assessment lien on such Lot in favor of any governmental taxing or
assessing authority. Sale or. transfer of any Lot shall not affect the assessment
lJ,~-: The sale or tr~er of any LOt pursuant to mort/age foredosttre or any
procoed/-E in lien thereof shall, however, cxfin/,~ish the lien of such
A.~e.tsments as to payments which be,-~,~- due more than six (6) month-~ prior
to such sale or tr~-Wer. No sale or tr~,~¢er shall relieve tach Lot from
ll.wflity for any A.ssessmems thereafter becnrr~,~g due or from the lien thereof:
(j) Certifi~t~. The Corporation ,hell, upon c~-rn~,~d by an Owner,
at my ti,~e, finnish a certificate in writing fi/ned by an o/ricer o£ the
Corporation that the. Assessments on a Lot have been paid or that
Assessments re,'~.~- u,~paid, as the case may be.
(lc) Allllll~l_thlg/~. By a majority vote o£ the Directors, the Board
of Directors shall adopt an ~ero~ai budget £6'r the subsequent fiscal year,
which shall provide for allocation of expenses in such a m~er that the
obligations imposed by the Declaration and all Supplemental Declaratiom will
be met.
-- (a-) The Architectural Review Board. An Architectural Review
Board con.sis~i~ of three (3) or more Persons as provided in the ByLaws shall
be appointed by the Board of Directors.
(b) . ,]~ltlll~c. The Archive .er:n-al Review. Board shall regulate the
external desert, appearance, nse, loc~non and m,~,,tenance of the Traa and
of imp~ov~n~s thereon in such m.--er as to preserve and enhance values,
and to maintain a hannoniou~ relafio,t~hlp among sWaa'ures, improvements
and the natural vegetation and' topography.
(c) ~.'" Except as otherwise expressly provided in ,hi~
Decla~,',u, no improvements, alterations, repairs, change of colors,
excavations, ~h--ges in grade, planting or other work tha~ in any way alr~rs
any Lot or the exterior of the improvements located thereon from its natural
or improved s~e ex~/ng on the date such Lot w~ first conveyed in fee by
Debt-want to a-,other Owner shall be made or done without the prior approv~
by the Architectu~ Review Board of a Lot Development Plan therefor.
Prior to the commencem¢llI by s.uy 0wller Other ~ DeclaranI or a
Designated Builder of (i) co~umction, ereaion or alteration of any
Residence, other building, fence, wall, Swab. ming pool, te,~is court, patio, or
other ~t~uaure on a Lot or (ii) any plamings or exterior lighting on a Lo% a
Lot Developmem plan with respect thereto shall bc submitted to the
Architecun'al Review Board, and no Residence, other building, fence, wall,
swlrr,~ing pool, tennis court, patio or other s~cmre shall be comm~':lced,
erected, ~a~,,*.ined, ~,~. roved, altered, made or done, or any plantin~
or exterior t~ghfing installed, by any Person other than Declarant or a
Designated Bu/ldcr without the prior written approval of the Archkecuu'al
Review Board of. a Lot Development Plan relafi~ to such consmm~on,
erection, alteration, pl~,~ or lighting. Such approval shall be in addition
to, and not in lieu of; all approvals, consents, permits and/or variances
required by law from governmental authorities having jurisdiction over Prairie
View, and no Owner shall undertake any construction activity within Pta/tie
View unless all legal requ/remcnts have been sat/stied..Bach Owner shall
complete all improvements to a Lot strictly /n accordance with the Lot
Development Plan approved by the Architectural Re~iew Board. As used in
t~i~ subpara/zaph (c), '}lanfin~s' does not include flowe~, bushes, shrubs or
other plants having a heist of less than eishteen (15) inches.
(d) ~. In the event the Architectural Review Board ~i~
to approve, mo~'7 or disapprove in writing a LOt Development Plan within
si~.y (t0) days alter notice of such plan has been duly filed with the
Architectural Review Board in accordance with procedures established by
Declarant or, subsequent to the Applicable Dale, the Board of Directors,
approval will be deemed denied. A decision of the Architectural Review
Board (is~luding a denial resulting from the failure of such Board to act on
the plan w~th~ the specified period) m~y be appealed to the Board of
Directors which m.y reverse.or modify tach decision (including approve a LOc
Developmem Plan deemed denied by the failure of the Architectural Review
Board to act on such plan within the specified period) by a twothlrds (2/3)
vo~e of the Directo~ then serving.
(e) Guidelines and Standards. The Archkecmral Review Board
,shall have the power to establish and modi~ from time ~o time such written
archke .c.mral ami landscaping desi~ guidelines and sr,'~udards as it may deem
appropnale to acl~eve thg'p~'pose set forth in subparagraph (b) to the ex~ent
tha~ tach design guidelines and standards are not in co~ict with the specific
provisions of this De~afion. Any tach guideline or standard may be
appealed to the Board of Directors which m~y terminate or modify such
gnideline or standard by a twothlrds (2/3) vote of thc Directors then serv~n~
(f) Atmlic~tion of Guidelines and Standards. The Architectural
Review Board ~ apply the guidelines and rr-ndards established purmant
to mbparagraph (e) in a fair, uniform and reasonable manner consistent with
the discretion inherent in the design review process. In disapproving any Lot
Development plan. the Architectural Review Board shall ~urnish the applicant
with spec/tic reasons for such d/sapproval and may suggest mod/fications in
such plm which would render the plan acceptable to the Board if resubm/tted.
(g) ~. The A~chitect~.u-'al Review Board may
. u~liz~ ~he s~ic~ of arch~te~s, angers and othcr P~rsons poss~shig d~ig~
expe. r~ and experience in evalua~ng Lot Development PNn~: No
presumption of any co~*~ct of interest or impropriety sh~ be drawn or
as~,~ed by Virtue of the fa~ that any of such consultants are ~"~ated with
Declarant or a Designated Builder or may, from t~me to t~e, represent
Persons ~i~ Lot Development Plans with the Architecun'al R~/ew Board.
Ch) Hxist/n_~ Violations of Declara~or~ The ~te~ R~ew
~d ~ no~ be m~ed to co~d~ ~ ~ Dev~opm~t PI~
~ ~ ~ who ~ ~ ~c ~e of ~ion ~ m~ ~t D~opmem PI~
~ ~o~on of ~e req~en~ of P~ph 4 of a Su~l~ent~
re~g to ~e P~ ~ ~ m~ ~efs ~ h lo.ted ~d/or ~e
pr~om of ~ P~h 18, ~S m~ ~r mb~u to ~e
~te~ R~ Bo=d ~ m~ ~t Development PI~ ~ ~=vo~le
agreemant and undertaking (with such surety as the Board may reasonably
require) ~o remove from the Owner's Lot any improvements, landscaping or
ext~or light/hi consu'ucted and/or inst~lled prior to the submission of a Lot
Development Plan (or consu'ucted and/or inst~lled in violation of a previously
a~rove& Lot Development PI~) to the extent any such previously
.consU'ucted and/or installed improvement., landscaping or exterior lighting is
not subsequently approved by the Architectural Review Board. The
Architectural Review Board shall have' the power to recommend to the Board
of Directors that the Corporation assess an Architectural Control .A.ssessmem
ag-~ any Owner who r~ to comply with the requ/rements o£ Paragraph 4
of a Supplemental Declaration or Paragraph 18 of th/s Declaration. Under
no circumsumces shall any action or i~,~ion of t~e Architectural Review
Board be deemed to be ~easonable, arbitrary or capridous/f, at the 0me
of such decision, the Person having submitted a Lot Development Plan for
approval by the Archi~ecfi~'al Review Board has violated Paragraph 4 of a
Supplemental Declaration or Paragraph 18 of tsi~ Declaration and such
violation rem~in~ u~c~t'ed.
(i) Hxerc/s~ of Discredom Dedaram intends that the members of
the Architectural Review Board exercise discretion in the performance of
their duties co~tan~ with the provisiom of subparagraph (f), and every
Owner by the purchase of a Lot shall be conclusively presumed to have
consented 'to the exerc/se of discretion by such members. In any judinlal
proceeding challenging a determ~.tion by the Architectural Review Board
and in any action initiated to enforce ~ Declaration in which an abuse of
discretion by the Architectural Review Board is raised as a defense, abuse of
d/scret~on may be established only if a reasonable Per~on, we~[~i,~_~ the
evidence and draw/~ all inferences in favor oftha Board, could only conclude
that tach deter,ni,~.~ion constituted an abuse of discretion.
(j) ~. Neither the Ardfitecmral Review Board, nor
any member thereo/; nor any agent thereo/; nor the Declarant shall be
re~l~n~le in any way for any defect~ in may pl-,,~, specifications or other
mat~ sub~tted to it, nor for any defect~ in any work done according
thereto, lrurther, the Board doc~ not make, and shall not be deemed by
virtue of any action o£.approval or disapproval taken by it to have made, any
representation or warr~ty ~ to the mitabi~ity or advisaMlhy of the des/~,
the engineering, the method of constraction/nvolved, or the materials to be
u~ed.
(lc) ~ Member~ of thc Architectur~ Review Board may
inspect work being performed to astute compliance with these Restrict/om
and applicable regulations.
19. Community Area and Common Facilities.
(a) _Q~,clr~21I. The Co,~,,~m/ty Area and the Co,~,~on Facilities
shall re~,~,, private, and neither Declaranfs execution or recording of an
ix~rume~ por~ thc Co,~m,,,~ity Area. nor the doing of any other act by
Declaran~is, or/s inte~led to be, or shall be comu'ued as, a dedication to the
l:mbli¢ of the Conmnm/ty Area or the Common Facllitie~ Deet~want or the
Corporation may, however, dedicate or tra,,,~er all or any part of the
Ct...,~.~ty Area or the Co,~on I:ac/h'ties to any public agency, author/ty or
utility for use as roads, util/ties, par~ or other publ/c purposes. ·
(b) ~. Dedaram expressly disd,i,~, any warrantias
or representations rag'~xting the density of use of the Co,~,~,,~ity Area or any
f. acih'ties locked thereom
(c) Obli_~-ations of the Corporation. The Corporation, subject to the
fights of Declarant and the Ownor~ set forth in th~. Declaration, ~ be
responsible for the exclusive management and control of the Com~,nlty Area
and all improvemenu thereon (inclv4!,~g Common Facilities and other
furnlsMn? and equipment related thereto), and, except as otherwise providcd
herein or in a Supplemental Declaration, shall keep the Community Area and
Comm,~u Facilities in good, clean, attractive and sani~.,y condition, order and
repair.
(d) ]//aseme~Its of l~niownen~. No Person shall have any right or
easement of enjoyment in or to the Community Area except to the extent
granted by, ~md sub~ea ~o the terzus and prov/dous of, this Deda~fion or auy
Supplemental Declaratio= Such fights, and easements as are thus tr~nted
shall be appu~enant to and shall pa.~ with the tire to every Lot for whose
benefit they are granted. Unless otherwhe provided in a Supplemental
Declaration or a Pla~ all Owner~ may use the Paths, the Communlv/Center,
the Parks and the Cor~mn,~s subjea to the reserved'rights o£ Declarant and
the Corporaiiom The Owners of Lots abutting the [~ke or a Pond may use
the Lake or a Ponc~ b~ such use shall be limited to ~shl. g and such other
uses a~ may be authOl/zed by resolution adopted by the Board of Directors.
Subjec~ to resuicfious on points of access, the [~ke and the Ponds m.y be
used by a/10wne~ btu only for ~shi~ and such other purposes a~ may be
authorized by the Board of Director. No Owner whose Lot does not abut
the ! ~ke or a Pond shall have any fight of acces~ to the Lake or a Pond over
ally. LOt, ~ 0nly tach ri~ht of acce,~ over the Comrrm~ity Af~ ~ m~y be
designated on a P~t or by the Board of Directors for such purpose.
(e) .~.%~1_2i.~1~,=1I. The easements of enjoyment created
hereby shall be sub~ec~ to the followin~:
(i) the right of the Corporation to establish
reasonable rules for the use of the Co~n,'m.~i~y Area ~d to
~ge r~o~le .~(s~ion ~ o~ fees/or ~e ~e of ~
r~e~o~ ~fi~ lo.ted ~ or co~m~g a p~ of ~e
~m~V ~ ~cept ~t no fee ~ be ~ged to ~ose
~e~y ~o~ed' to ~e m~ ~ ~ this De~fion
~e~y ~o~ed to do' so ~ ~ Ded~fion or a
5u~l~n~ De~fio~
(ii) the right of thc Corporation to suspend the ri/hi
of an Owner and all Persons whose ri/hi to use the Pafl~, the
Lake, the Ponds, the Com,~,,~iV Center, the Commons or the
Parks derives from ~ch Owners ownership of a Lot ~o use such
pordous of the Com,~-~hy Area for any period during which
any Assessment against his Lot remains unpaid for more than
thirty (30) days after notice;
('fii) the righ~ of the Corporation to suspend the ri/in
of au Owner or any Person ~g through the Owner to use
the Paths, the ~ke, the Ponds, the Com'~,~17 Cemer, the
Commons or the Park/or a pen'od not to exceed ~ (~0) days
for any other im~raction of this De~t.ration. any Supplemental
Declaration or the Register of Regulations;
(iv) the right of the Corporation to mortgage any or
all o£ the Comm,mlty Area, the facilities constructed thereon
and the Common Facilities for the purposes of improvements
to, or repair of, the Comm,mlty Area, the facilities com'u'~ct~
thereon or the Common Facilities, gnm'ua~t to approval of
~othirds (2/3) of the votes of the lv~mhers (axclv~i,,g
De~) or twothlrcls (2/3) of the Mortgagees (based on on~
vote for each ~.rst mortgage owed), voting in person or by
proxy at a re/tflar meeting of the Corporation or a meeting duly
called for this tmrpose;
(v) the right of the Corporation to dedicate or
trm,~er all or any pan o£ the Comrm~r~ty Area and/or the
Co,nm,m Facilities to any public agency, authori~ or utility, but
no such dedication or tr.~..r shall be effective unless an
imw,m-nt signed by the appropriate offieer~ of the Corporation
a~n~ pummnt to authority ~'anted by twothird.s (2/3) of the
votes of the Me~bers (excludi,,g Declarant) or twothirds (2/3)
of the Mortgagees (based on one vote for each Erst mortgage
ovraed), agreeil~ to such dedication or wan.sfer, has been
recorded; and
-- --(vi) the right of Declarant in an~ Supplemental
Decla~ion or Plat to res~c~ the use of Comrmmlty Area
al:Id/or Common Facilities localed in a Section to (a) Owllers
of Residences located in such Section or (b) to other Owners
o/la.sa than all of the Lots in the Tra~
(f) Additlon~l Rights of Use. The nmmbe~s of the family and the
guests o£ every Person who has a fight o~ enjoyment to thc Com--,,,i~/Area
and the Common Fadh'fies may use the Co,wrm~.ily Area and the
Fac/l/ties subject to such g .e~eral regnl~/om con.6s~ with the provis/ons of
this Dcclarafion and all Supplemental Declarations as may be esrab~ed
/rom 6me to time by the Corporation and included within the Re~ister of
Re/ulatio~.
(g) Damage or Destruction by Owner. In the even~ the Comrm~iW
Area or any Commem Facility is d-m-sed or deslxoyed by an Owner or aay
of h/~ guests, tenan~ l/cemees, agents, or member of his family, such Owner
anthor/zes the Corporation to repair sa/d damaged area; the Corporation shall
repa/r sa/d damaged area in a good worlem=,~l,'ke ma-her in conformance with
the o~,~.1 pi.ns and spec/ficafions of the area involved, or as the area may
have been modi6cd or altered subsequently, by the Corporation in the
discretion of the Corporation. An ~mount equal to the costs incurred to
effect such repai~ shall be assessed a~i~t such Owner a~ a Special
.~s~-~ment and.shall const/mte a lien upon the Lot of said Owner.
(h) .C,~II~I~BI~,.~[_~t~. Debt-ram may fetal- the legal tide to the
Comrm,,~i-/Area and the Common Fac/lit/es until the Applicable Date, but
notwithstanding any provision herein, the Declarant hereby cove~ts thai it
shall convey the l~ke, the Ponds, the Comm,,~hy Center, the Parks, the
C. Omm011.S and the C0mmnn Fac/lities to the Corporation, free and clear of
all liens and other financial eno~mhrances excinsive of the lien/or taxes not
yet due and payable, not later than the.Applicable Date.
20. of
(i) I~nd Use. Lots may be used only for residential
purposes and only one Residence may be constructed thereon.
No portion of any Lot may be sold or subdivided such that
there will be thereby a ~realer number of Residences in Prairie
View than the v~mher of ori/inai Lots depicted on the Eats.
Notwitl~,~ai~5 any provision in the applicable
ordi,~¢e to the contrary, no Lot may be used for any 'Special
~e" th~ is not ciea~ly inddenral and ~ec~m'y to tingle f.a~ily
dwell~.
· No home occupation ~hall be ¢onduaed or
mm~i~ed on ~ LOt other than one wh/ch does not
a "spe~-~ use" and/s incidemal to a bu.sine.~ profession or
occupation of the Owner or-occupam of such LOt and which is
generally or rei,,Im'ly conducted al another location which is
away /rom such Lot. No s/~s of any nature, kind or
description shall be erected, placed, or permitted to rem.i~ on
any Lot adver~i%= a permitted home occupation.
(/i) ~. No m,i~a,~ce shall be permitted to
exist or operate upon any Lot so al to be detrimental to any
other Lot in the vi~,,!ty thereof or to its occupants.
(/ii) .Q..~I~I~i~. The Architectural Review
Board may adopt general rules and regulations to implement
the purposes set forth in Paragraph 18(o) and to supplement'
any covenants or resu-/ct/ons set forth in a Supplemental
Declaration, including but not llmlmd to l'tries to regulate
nnlm~l$, antennas, signs, fences, walls and sereem, mailboxes,
storage tanks, awnings, storage and use o~ recreational veMcies,
storage and use o£ machinery, use o~ outdoor drying lLaes, trash
cont=i,~ers, and planting, maintenance and removal of
vegetation on the Tract. The Architecraral Review Board may
adopt general roles and regulations appropriate to each Parcel
which rules and regulations may va~ among Parceh. Such
general rules may be amended by a two-tMrds (2/3) vote of the
Architectural Review Board. Subsequent to the Applicable
Date, any such amendment may be made only after a public
hearing for wh/ch due notice to all affected Owners has been
piovlded, and flinch amend,-~ents are approved by a 5VO-thlrds
(1l/3) vo~e 0£ the Board of D/ice,om Ail teneral rules and any
subsequent ~mendments thereto shall be placed in the Reghter
of Regulations and shall constitute Resu/cfiom.
(iv) ~/f,~Zt/2~. The Architectural Review Board may
authorize exceptiom to or varlanc~/rom the general mies and
regulations adopted pursuant to clause (iff) ff the A.rchitecntral
Review Board can show good cause and acts in accordance with
adopted guidel/nas and procedures.
(b) ~ To the extent that exter/or r~.i~tenance
is not provided/or in a Supplemental Declaration, each Owner shall keep all
Lou owned by l~ir~; and all improvements therein or thereon, in good order
and. repa/r and free of debris /ncludi~ but not llrr~Ted to, the seeding,
waZez/og, and mowing of all lawns, the prn,~i,~g and cutting of all trees and
shrubbery and the p~i,,/,g (or other appropriate'external care) of all
buildings and other/mprovement~, all in a manner and with such frequency
as is com/~tent with good property management as dctermi,,ed by the
Atch/tectural Review Board. In the even! an Owner of any Lot/n the Tract
sba.L1 ~ to =lalnta/~ the [:rfemi-~es and the [121provement~ situated thereon, as
provided here/u, the Corporation, after notice to the Owner as provided by
the By-J. Aws and appro¥-~l by two-thirds (2/3) vote of the Board of D/lectors,
shall have the right to enter upon said Lot to correct dr~i,~age and to repair,
w-i-~ and restore the E~ot and the exterior of the buildings and any other
improvements erected thereon. All costs related to such correction, repa/r or
restoration ~ become a Spec/al Assessment upon such Lot.
21. ~ame~ts.
(a) ~. In addition to such easemenu as are created
elsewhere in thi,~ Declaration or in a Supplemental Dedarat/on and as
be created by Deel.want pursuant to written instruments recorded in the of/ice
of the Recorder of F"rr~tton County, Indiana, Lot~ are subject to dra/nage
casements, sewer easements, utility easements, entry way easements,
landscape easements, lake access casements, comrn~ity area accc.as
easements, pathway easements and nonacc~ss eascxnents, d~her separately or
in any combination thereo~ as shown on the ~ which are reserved for the
use of Dectara~ Owners, the Corpora/on, the Arcb/~ectural Review Board,
public ul~tty compares and gov. e~rnmental agemcie~ as follows:
(i) ~ (DE) are created to provide
Fat~ and comtes for area and local s~orm ~e, either
overlamd or in adequate underground condu/% to ser~e the
neecLs of Pta/tie View and adjo~.~ ground and/or public
dr~i~le systam~; and it shall be the imiividual respomibil/ty of
~ Owner to mni~tnln the, drayage a~:ros$ ~ ow12 LoL
Under no circun~'~c~ shall said easement be blocked in any
m~,,,,er by the constmaion or reconstruction of any
/mprovement, nor shall any grad/ag restricl;/n any ,'.o,~,~er, the
wate. ffiow. Said areas are subject to conauuction or
reconstru~on to any extent necessary m ob,-i,, adequate
dr~i,~i~ at any 6me by any'governmental authority having
jur/sdiction over drainage, by Declaram, and by the
Arch/~ectural Review Board, but neither Declaram nor the
Architectural Review Board shall have a~/duty w undertake
any such construction or reconsmtcfiom Said easements ar~ for
the mutual use and benefit of the Owners.
are crea~ed for the use of
the loc~l government~ agency having ~ttLs~ction over a. uy
storm and ~"~i~'T waste disposal system which may be
designed to serve Pta/tie View for the purp°se of inst~lat/on
and m=i-tenance o£ sewem that are a par: of said system.
(iii) ~ (l. IH) are created for the use o£
Declar-~t. the Corporation and all public or n~,,~idpal utilit7
comp.-~es, not /ncludi~g traz~ort~tion companies, for the
imt~ll~tion and m~tenance of m~% ducts, poles, lines and
wire~, a~ weJ1 a~ for a~l uses spe~ed Lu the case of sewer
(iv) ~ (EWE) are crea~ed for the
u~e by De~-want, thc Archkectural R~view Board and the
Corporation for the installation, operation and maimenance of
the Entry Ways.
(v) Landscape Easements (LB) are created/or the
use by Dee!.rant, the Architectural Review Board and the
Corporation for the planting :md maintenance of tre~, sin'ubs
and other pi:ratings.
(vi) Lake Access ]~asement~ (I.2~) are created for
the use of Declaram, the Corporation, the Dr~i,~,ge Board :md
the City of Cannel for the purpose of/=i~,~g accc.~ to the
Lake and the Ponds in the course of m-i~t:mauce, repa/r or
rephcement of any thereof.
(vh) Commu~tv Area Access Easements (CAB) are
created for the use o£ De~{-,':mt :md the Corporation for the
purpose of g~i~i~E ace,s to the Parks :md the C:~m,-~,~/n the
course of m~i,~tenance, repa/r or replac~nent thereof and for
the use of Owners/or the purpose of i'~/r~-i acce.~ to such
Co,,,,~-i~ Ar~a to enjoy the use thereof to the extent
authorized here/m
(v/fi) ,~ .(pE) are created for the
i~ta/lation by Declarant, the ma/menauce by the Corporation
and the use by the Owners of the Paths :md Path L/ghts.
(ix) Nor, Access ~asqment~ (NA~) are created to
p/.~clude access from certain Lots to abutting rightsofway across
the lamt subject to such easements.
Ail easements mentioned herein include the right of reasonable ingre.~
e~'e~ for the exercise of other rights re~erved. No strucror4, includ{-E fences,
shall be tm/h on any drainage, sewer or ut/Iity easement if such structure
would interfere with the u~tion of such easement for the purpose/nt:mded
or violate any applicable legal requircmem or the terms and cond/tiom of any
easemem spucifically granted to a Pe~on who is not :m Owner by
inm'umem recorded in the Office of the Recorder of I-I-ml]ton Co-,,ty, but
a paved driveway nece~a.,y to'provide access to a Lot from a public street or
Pzl,4ze Drive and a sidewalk installed by or at the ddrection of D¢clar~ (and
replacements thereof) shall not be deemed a 'structure~ for the purpose of
this Re. striction.
(b) .Ca~l~!:~.~:l~. There is hereby, created a blazflc.e~ easement
over, across, through and under the Tract for mgre.~, egret, mstaihfion,
replacement, repa/r ~-~d w.i~tenanc~ of under~ound utility and service lines
and systems, including but not limited to water, sewers, gas, telephones,
electricity, televis/on, cable or comrmmlcation lines and systems. By virtue of
this easement it shall be expressly permls~%le for Dee{~want or the providing
utility or service company to install and m~i~t.~, facilities and equipment on
the Tract and to excavate for such purposes ff Declarant or such company
restores the d/sturbed area
which it was found. No sewers, elecl~ical lines, water lines, or other utility
service lines or facilities for such utilities may be insr~lled or relocated in a
Section except as proposed and approved by Declarant prior to the
conveyance of the ~ Lot in a Section to an Owner or by the Architectural
Review Board thereafter. Should any ufilit~ fur~hl-5 a service covered by
the general easement herein provided request a speei6c easement by separate
recordable document, Declarant or the Corporation shall have the tight to
grain tach easement on the Traa without conflicting with the terms hereo£
This bln~t*~t easement shall in no way affect any other recorded easements
on the Tract, shall be
shall not cover any pordon o£ a Lot upon which a Residence has been
(c) Public Hesith and Salem Easements. An easement is hereby
created for the benefit o/, and granted to, all police, fire protection,
~rol-m!~c~ delivery vehicles, and all ~imilar Persons to enter upon the
Co,~rm,~ty Area in the pedormance of thdr duties.
(d) Drainage Board ]:asemen~. An easemem is hereby created for
the benefit o~ and granted to, the Drainage Board to enter the Tract and all
Lo~ therein to the extent necessary to exercise its rights with respect to any
legal drain constimtiag a part of the Drainage System.
(e) Crossin~ Unde _r~rotmd I~asements. Easements utilized, for
underground service may be crossed by driveways, walkways, Paths, Lake
Access Easements and Corrr~ity Area Access Easements provided prior
arrangements are made with ~he utility company fur~hi,,g service. Such
easements as are actually u-~i~ed for under, round service shall be kept clear
o~ all other improvements, including buildings, patios, or other pavings, other
than crossings, driveways, vralkways, p~t~s~ Lake Access Easements or
Co,~,~mlt~ Area Access 'Easements, and neither DeeP.rant nor any utility
compa,~y using the easements shall be liable for any damage done by either
of them or their assign% agents, employees, or servants to shrubbery, trees,
flowers or other improvements of the Owner located on the land covered by
said easements.
(f) Declarant's I~asement to Correct Dra/nage. For a period o~ ten
(10) years from the date of conveyance of the first Lot in a Section, Declarant
reserves a blanket easement and right on, over and under the ground within
that Section to m~i.t~iu and to correct ~e of surface wa~er in order to
r~i.t.i~ reasonable standards of health, safety and appearauce. Such right
expressly includes the right to cut any trees, bushes or shrubbery, m~ke any
-29-
gradings of the soil, or to take any other ~rnilar as.':ion reasonabiy necessary,
£ollowing which Declarer shall restore the affected property to its original
condition as nearly as practicable. Declaram shall give r~ason~hle notice of
its intention to take such action to all affected Owners, unless in the opinion
of Declarant an emergency =isu which precludes tach notice.
(g) w_.al=..P~aI~ali~ The Owner of each Lot, by acceptance of a
deed thereto, consents to the temporary storage (detention) of storm water
22. Use of Lots Dining Development.
(a) ~ Notwith~t.-,~-S any provisions m
the colltl'ary ¢ontni~ed herein or ill ally Other insl~r~ens or
agreement, Declarant or its sales agents or contractors, or any
Desi~,t.ed Builder, may maintain during .the period of
construction and sale of Lots and Residences m the Tract or
the Development Area, upon such portion thereof as is owned
or leased by Declarant or any Designated Builder, such facilities
as in the sole opinion of Declarant m~y be reasonably required,
convenient or inddontal to the construction and sale of LOts
and Residences, including, but without l{miling the generality
· ~ereo~ a business office, storage area, consm~ction yards, ~i7%
model Residences and sales offices. Declarant speci~cally
reserves the right to maintain a sales office in, and make other
use o/; the Com~m~hy Center during the period that it is
engaged in the sale of LOts in Prairie View.
(b) ~. NOtWitlLSt:~nd{n$ ~ pr0~om m
· e co~ ~n~ed here~ a ~der who h~ come.ed a
R~den~ ~ ~e View my, ~ ~e p~or coment of ~e
Bo~d of Dke~o=, ~e m~ R~ ~ a "model" home md
~y. hold m~ ~ open to ~e ~b~ eider ~d~y or
~ p~ of a ~o~ ~o~ ~pr~ed ~ ~c Bo~d of Dke~=
for m~ m~o~le p~od ~ ~e Bo~d of Dke~o~ my
~e~. Wi~ ~e approv~ of Deel~ ~ adl~nt to or ~
~miV to m~ ~del ho~ my be ~ed for pg~g ~
~m to m~ ~d~ home.
23. ~ The Corporation, any Owner or Deehram shall have the right
to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants,
resezvafions, Hens and charges now or hereafter imposed by the provLsions of this
Declaration and of any Supplemental Dedarafions~ but neither Declarant nor the
Corporation shall be liable for damage of any kind to any Person for failure either to abide
by, enforce or carry out any of the Res=/~/ons. No d~ay or
~orce ~ of ~e R~om or to ~oke ~ a~able r~edy ~ r~ea w a ~o~fion
or ~olafi~ ~=eof ~ ~der ~ ~=~.-~ be de.ed
P~on of ~e ~t ~o do so ~et or
a~il~hle W M~ upon ~e o~enc~ re~ or w~afion of ~y ~ohfion or
~o~om of ~e R~om. h ~ a~on w ~or~ ~ Ded~o~ ~e P~on se~g
~r~l ~ be ~fled to re~v~
24. Limitations on Ri~h~s oi t11~ Co~orallon. Prior io the Applicable Date, the
Corporaton may not use iu resources nor mke'a public position in opposition to the
General 1~ of Development or to eh~,~ges thereto proposed by Declarant Nothi,~g in this
paragraph shall be consumed to llr~i~ the rights of the Members acing as individuals or in
.~l;.tion with other Members or groups as long as they do not employ the resources o£ the
Corporation or identify themselves as a~,~g in the -~me, or on the bcb,~ o£ the
Corporm/on.
2.~. Approvals tw Declarant Not~iflma~di~g any other provisions hereo~ prior
to the Applicable Date, thc following actions shall require the prior approval of Declarant:
the addition of real esta~ to the Tracr4 dedication or U'~,~er of the Com~,~iiy Area;
mergers ~nd consolidations of Sections w~hi~ the Traa or of the Trac~ with other real
estate; mort/agiag of the Comr~,~-it7 Area; amendment of this Declaration ~ any
Suppleme, uml D~laraton; and changes in the basis for asse.~ment or the ~r~oun~, use and
time of payment of the Co-~-,r~iD, Area Initial A.~ses.unem.
(a) ~ Any Owner who places a first mortgage
upon
his' Residence or the Mortgagee shall no~/y the Secreim'y of the
Board of Directors of tach mortgage a~d provide the name and address of the
Mor~agce. A record of such Mor~gagee'$ -.me and address shall be
mainlined by the Secretory and any notce requ/red to be given to the
Mortgagee pu~uant to t~e terms of the Declaration any Supplemental
Declaraton, the Articles or the ByLaws (the 'Ori~,~,',tio=al Doc,,~enu')
shall be deemed effectively given if mailed to such Mortgagee at the address
shown in such record in the time provided. Unle~ notification of any such
mortgage and the name and addres.s of Mortgagee are furnished to the
Secretary, either by the Owner or the MonFagee, no notice to any Mortgagee
as m~ be otherwise required by the Org~tional Documents shall be
required and no Mortgagee shall be entitled w vote by virtue of the
Org~,~iv~tlonal Documents or a proxy granted to tach Mortgagee in
connection with the mortgage.
-31-
(b) ~I9.~111~. The Corpora~ionshall promptly provide
to any Mortgagee of whom the Corporation has been provided notice under
subp~ph (a) above notice of any of the followinG
(i) Any condemnalion or casualv/los~ that affects a
material pon/on of the Commnaity Area;
(ii) Any delinquen~ in the. payment of ~
A.s.se.s.~n~t owed by the Owner of any Residence on which smd
Mort~Tagee holds a mortgage or any default by an Owner under
the Or~,-s-'~,%nal Doc~,r~en~, ff said delinquency or default
coniinues for more than s/xty (~0) days;
(iii) Any lapse, cance!!~on or material modification
of any immrauce policy or fideli~/ bond maintained by the
Corporation;
(iv) Any proposed action that requires the consen~ of
specified percentage of Mortgagees; and,
(v) Any proposed smen,tment of the Org~r~ional
Documents effecting a change in (A) the interests in the
C~,~,-~,,~i .~ Area apper~$ rn any Residence or the liability
for Maintenance Costs appertain/rig thereto, (B) the vote
appert,lr~n! to a Residence or (C) the purposes for which any
Residence or the Community Area are restricted.
(c) Notice of Unpaid Assessments. The Corporation ~bnll; upon
request of a Mortgagee, a proposed mortgagee, or a proposed purchaser who
has a conWacnml righ~ to purchase a Reddence, f~mlsb to such mortgagee or
purchaser a statement setting forth the amount of the unpaid Assessments
~i~l the Residence and the Owners, and a~y Mortgagee or gr~,~ae of the
Residence shall not be liabl~ for, nor shall the Residence conveyed be subject
to a lien for, any unpaid Assessments in exc~.~s of the amount se~ forth in tach
(d) .Eill~l~l.il~,I~!l~. Upon the request of a~ Mor~,agce, the
Corporation ~! provide ~o said MortFagee the most recem financial
sta~emem prepared on behalf of the Corporation..
(e) Pawnents by Mort_=a~ees. Any Mortgagee may (i) pay taxes or
other charges that are in default and that m:~y or have become a lien upon
the Comrmmiv] Area or any part thereof and (ii) pay overdue pren~ms on
hazard insurance policies or secure new hazard im'urance coverage for the
-32-
Cornr,~r~ty A~e~ in .c~.~ of.~ l~pse of · .polio/. A Mo~g~gee m,ki~g .~ch
p~yments ~ be entitled to ~rnmedi~e re~b~u'sem~xt fi'om ~e Corpoz~uo~.
(a) ~. T~i~ Declaration may be amended 'at any time by
an insw~rnent signed by (i) the appropr/ate officers of the Corporation acting
pursuant to the author/v/granted by not less than twothirds (2/3) of the votes
of the Members c~st a~ a meeting duly called for the purpose of ~rneadln$
th~ Declaration and, to the extem required by Paragraph 25, (ii) Declarant.
(b) By Dect~t. Declarant hereby reserves the right prior to the
Applicable Date ,mo.teraliy to amend and revise the standards, cove-.ms
and re~ctious contn~ed in th~ DecL~on. Such ~rne~dments Shn~l be in
~ executed by Declarant, ~-~d recorded with the Recorder of N~w.'~ton
County, Indiana. No stlch ~mendment, however, shall restrict or ~ the
rights or increase or expand the obl/gat/om of Owners with respect to Lots
conveyed to such Owne~ prior to the .,~endmem or adversely affect the
rights and interests of Mortgagees holding first mortgages on Residences at
the ~,~e of such amendment. Declarant shall/ive notice in wrking to such
Owners ~nd Mortgagees of any amendments. Except to the extent authorized
in Paragraph 21(o), Declarant shall not have the right at any time by
a~mdnl~t of thl, Declaration to grant or estab!i.h any easement through,
across or over any Lot which Declaran~ ha~ previously conveyed without the
consent of the Owner of such Lot.
(C) ~. Any amendment shall become effective upon
its recordation in the Office of the Recorder of N.milton County, Indiana.
28. ~ The underlined rifles preceding the various paragaphs and
subparagrap~ of th~s Ded.wafion are for convenience of reference only, and none of them
shall be used as an aid to the construction of any prov/.sion of tM.~ Declaration. Wherever
and whenever applicable, the s/~gular form of any word shall be taken to mean or apply to
the plural, and the masculine form shall be taken to mean or apply to the fe,.~i~_ or to
the neuter.
29. Du~fiom Thc foregoing covenants and r~zrictious are for the m~toai benefit
and protect/on of thc present and future Owners, the Corpora:ion, and Declarant, and shall
run with the land and shall be binding on all parties and all Persons e~.imi,~g under them
~ J'al~ary 1, 2027, at which t/me said covenants and restrict/om shall be antom-tically
extended for aucce~ve periods of ten (10) years, unle~ changed in whole or in part by vote
of those Persons who are then the Owners of a majority of the Lots in the Tract.
-33-
30. .~C~lgt/l~. Every one of the Re,~r/ctions /~ hereby declared to be
independent of, and severable/rom, the rest of the Restrictions and of and from every other
one of the Restrictions, and of and from every combination of the Restrictions. Therefore,,
ff any of the Restrictions droll be held :o be invalid or to be unenforceable, or to lack the
qn.llty of rmm/ng with ~he land, that holding shall be withou! effec~ upon the validir/,
enforceabilir/or "ramie' qualir/o£ any other one of the Resu'iaions.
31. Non-Liabfl/tv of Declarant, Declaram shall not have any liability to an Owner
or to any other Person with respect to dr~i,~e on, over or under a Lot or erosion of a Lot.
Such drainage and erosion control shall be the responsfvilir/of the Owner of the Lot upon
which a Residence/s conslmcted and of the builder of tach Residence and an Owner, by
an accepl~nce of a deed to a Lot, shall be deemed to agree to inde,,rr~y and hold Declarant
free and harmlc.~ from and against any and all i/ab/l/r/arlsint from, rclaled to, or in
connection with the erosion of or dra/naga on, over and under the Lot described in such
deed. Declarant shall have no duties, obligations or liab/h'fies hereunder except such as are
expre.sdy as.rained by Declarant, and no duty o~ or warranr/by, Dedaram shall be impl/ed
by or inferred from any term or provision of this Declaration.
32. Svedal Provisior~ Ao~licable to the Aovle~at¢ p~l'e~! The owner of the
Applegate Parcel rosy, at any lime,, ~iect to have the APl~le~ate Parcel ~nnexed to the Tract_
Such .~nexafion shall be effected by such owner ~i.g of record with the Recorder of
I4.milton CoumT, Iud/aha, a declaration of ~-nexafion pursuant to which such owner agrees
that thls._De~.l='~-,tfion and all applicable Supplemental Declarations shall apply to and be
bln~in.~ upon ~e Applegate Parcel Within tell (10) days followint recordation of such
declaration, the owner of the Applegate Pared shall deliver a copy thereof to the Secretary
of the Corporation and shall pay to the Corporation the Corn,ro~uir/Area I~i~
specified in Paragraph 17(c) of this Declaration. From and after the recordation of such
deel~'afion and the payment of such Assessment, the Applegace Parcel shall be deemed a
Lot located in Chn.nrn=n'S Cl~irn and shall be subjec~ to thc termi and provisions of this
Dee!=~afion and all applicable Supplemental Declarations. Thc improvements cxi.sl/ng on
the APt)legate Parcel on the date o£ annexation shall be deemed a "Residence" in
compliance with the terms and provisions of this Declaration and ail applicable
Supplemental Deel~rafiom, bur any subsequent alteration, repair, replacement or
modi~cafion thereof shall be subjec~ to the Resuicfions.
33. Corn~liance with the Soil Erosion Control Plin,
(a) .~ Declarant has established and implemented an
erosion conirol plan pur~'uant w the requiremen~ and conditions of Rule $
of 327 lAC 1~, Storm Water Run-Off Assodated with Con~Irucfion Acfivir/.
In connection with any construction activity on a Lot by an Owner, its
contractor or the subcontractors of either, Owner shall take or cause to be
taken all erosion con~rol measures contained in such plan as the plan applies
to 'land disturbint activity" undenakan on a Lot and shall comply with thc
dat~ ~et forth above.
tesm~ of Declaranfs general permit trader Rule $ as well a.s all other
applicable state, county or local erosion control authorities. All erosion
co.uul measures shall be performed by persomml wained in erosion control
and .,h.tl meet the design cr/teria, standards, ami spec/~cations for erosion
control measures e~blished by the Ivai.-. Department of
o~t~-d in the v~.~ Handbook for Erosion Control in Developing Areas
from the Div/gon of Soil Conservation, ~ Depa~u~t of Nanwal
~ ~. The Own.er of each L~t shall' inde,,~/and hold
D harmless from and .?,-~ all lial~ty, d~r-~e, io~ ~_1.i,~%
d.r..,~a~ and actions of a~y nature what.~ever which may arise ouz of or are
commc~d with, or are ~.i,~d ~o arise out of or be commcted with, any work
done by tach Owner, its contractor and their respective employees, ~gents, or
subcontractch--s which is not in compliance with the erosion control plan
implemenldd by the Declarant.
IH ~ONY ~OF, Declarant has executed this Declaralion as of
BDC/CARDINAL ASSOCIATES, LP.
Tom Charles Hns~on.
Assist~m C, eneral Maaagcr
m'O A )
) SS:
¢O~T~f O~ ~..~0~ )
Before me, the "~a~d, a Notat7 Public in s,~d for said County and State,
persc-,-ny appeared.Tom Charles Huston, the A.,-i,~,,~ ~ml Maz~er of BDC/Cardinal
A.~o~a~. L.P. an l~a~,,, limlted parmenh/p, who aclmowled~ed the execution of the
above and fore, o/hi Dedarat/on of Covenants and Restrlct/om for and on behalf of sa/d
pannersh/p.
~ my hand and Nolarial Seal ,~s ~- day of
Notary Public Re.sidin~
(printed ~i~nature)
TI. is instrument prepared by Tom Charles Fr--?,on, Altomey at Law, 1313 Merchams Bank
Building, 11 $.outh Mega;.- S~reet, l-rli--,,.noli.% l. ai... 4~204.
DECI~liA~ON O1~ CO--AN'rs AND IlESTRICTION$
I~HIBIT ~
DF. SCP, IPTION OF Dk'~ELOP~4~I' ~
EXHIBIT A
Land Description
(Overall ba~ed on survey)
Part of the Northeast Quarter of Section 27 and part of the Northwest and Southwest
Quarters of Section 26 of Township 18 North, Range 4 East of the Second Principal
Meridian, Clay Township, in Hamilton County, Indiana, described as follows:
Beginning at a brass plug at the southeast comer of said northeast quarter, thence South
89 degrees 59 minutes 50 minutes West (assumed beadng) along the south line of said
northeast quarter a distance of 1090.70 feet to a railroad spike at the southwest comer of
the land tract described in Deed Record 104, page 209 recorded in the Hamilton County
Recorders Office; thence North 00 degrees 04 minutes 25 seconds East through a stone
along the west line of said land tract a distance of 2646.77 feet to a 5/8" diameter rsbar
with yellow cap On the north line of said northeast quarter;, thence South 89 degrees 56
minutes 39 seconds East along said north quarter line a distance of 1090.75 feet to a
capped rebar at the northwest comer of the northwest quarter of said Section 26; thence
South 89 degrees 37 minutes 45 seconds East along the north line of said northwest
quarter through a capped rebar a distance of 1246.70 feet to the west Iow water line of
White RNeF, thence southeasterly along the meandering of said river (the following eight
courses a~e oaleulated lines and are for mathematical closure, the actual boundary being
along the west Iow water line),
1) South 20 degrees 35 minutes 24 seconds West a distance of' 345.78 feet;
2) South 05 degrees 19 minutes 26 seconds West a distance of 275.94 feet;
3) South 01 degrees 25 minutes 22 seconds East a distance of 178.11 feet;,
4) South 06 degrees 56 minutes 58 seconds East a distance of 147.86 feet;,
5) South 12 degrees 05 minutes 51 seconds East a distance of 234.71 feet;,
6) South 24 degrees 33 minutes 22 seconds East a distance of 212.18 feet;
7) South 50 degrees 45 minutes 00 seconds East a distance of 375.00 feet;
8) South 71 degmee 48 r~.inutes 00 seconds East a distance of 570.00 feet;
thence South 36 degrees 35 minutes 17 seconds West a distance of 74.60 feet;, thence
North 72 degrees 05 minutes 51 seconds West 31.67 feet;, thence South 35 degrees 35
minutes 17 seconds West a distance of g0.00 feet;, thence South 72 degrees 05 minutes
51 seconds East a distance of 31.67 feet; thence South 36 degrees 35 minutes 17
seconds West a distance of 872.10 feet; thence South 00 degrees 11 minutes 20 seconds
West a distance of 24.01; thence South 89 degrees 48 minutes 40 seconds East parallel
with the south line of said northwest quarter section a distance of 24.76 feet;, thence South
00 degrees 11 minutes 20 seconds West a distance of 24.50 feet to said south quarter line;
thence South 89 degrees 48 minutes 40 seconds East along said south quarter line a
distance of 138.07 feet to a point (distant 1639.06 feet South 89 degrees 48 minutes 40
seconds East from the southwest comer of said northwest quarter, as measured along the
south line thereof); thence South 00 degrees 00 minutes 18 seconds East a distance of
1776.78 feet to a point, (distant 845.41 feet North 00 degrees 00 minutes 18 seconds West
from a stone wfth cut "x"); thence North 89 degrees 50 minutes 56 seconds West a
distance of 1430.21 feet to a capped rebar;, thence North 00 degrees 02 minutes 46
seconds West along the east line of the land tract described in instrument 86-8941 a
distance of 149.15 feet to a capped rebar on the northeast comer of said land tract; thence
South 89 degrees 57 minutes 14 seconds West along the north line of said land tract and
along the north line of the land tract described in Deed Record 179, page 38, a distance
of 207.58 feet to a railroad spike on the west line of the southwest quarter of said Section
26; thence North 00 degrees 02 minutes 46 seconds West along said west line a distance
of 1629.42 feet to the Point of Beginning. Containing 218.794 acres, more or less.
Excep~
Part of the Southwest Quarter of Section 26 of Township 18 North, Range 4 East of the
Second Principal Meridian, Clay Township, in Hamilton County, Indiana, described as
follows:
Commencing st a brass plug at the northwest comer of said southwest quarter, thence
South 89 degrees 48 minutes 40 seconds East (assumed beadng) along the north line of
said southwest quarter a distance of 295.12 feet to the Point of Beginning; thence South
00 degrees 02 minutes 46 seconds East parallel with the west line of said southwest
quarter a distance of 212.00 feet;, thence South 89 degrees 48 minutes 40 seconds East
parallel with said north quarter line a distance of 440.00 feet; thence North 00 degrees 02
minutes-46 sesends West parallel with said west quarter line a distance of 198.90 feet;
thence North 89 degrees 40 minutes 42 seconds West a distance of 88.70 feet; thence
North 00 degrees 19 minutes 18 seconds East a .distance of 11.84 feet; thence North 89
degrees 48 minutes 40 seconds West parallel with said north quarter line a distance of
135.00 feet;, thence North 00 degrees 11 minutes 20 seconds East a distance of 1.06 feet
to the north line of said southwest quarter;, thence North 89 degrees 48 minutes 40
seconds West along said north quarter line a distance of 216.38 feet to the Point of
Beginning. Containing 2.112 acres, more or less.
Above parcel containing after s~id exception, a total of 216.682 acres, more or less.
J:~1065~DOC,.~PVAU... WPD
BAD
DF.~'-4,RATION OF COVEiN'~S ~ RESTRICTIONS
EXHIBIT B
GENERAL PLAI~ OF DEVI~O~
BRENWICK DE~-ELOPI~ENT CO., INC.
A~UMED NORTH
DEcrARATION' OF COVENANTS AND RESTRICTIONS
EX~IT rC
DESCRIF~ON OF THE TRACT
EXHIBIT C
LAND DESCRIPTION
MOFFITT FARM
AT PRAIRIE VIEW SECTION 3-A
L
L
Part of the Northeast Quarter of Section 27 and part of the Northwest Quarter of Section
26 of Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton
County, Indiana described as follows:
Beginning at the Northwest comer of the Northwest Quarter of Section 26; thence South
89 degrees 37 minutes 45 seconds East (assumed beadng) aJong the north line of said
northwest quarter section 1050.84 feet; thence South 13 degrees 18 minutes 12 seconds
West 121.12 feet to a curve having a radius of 555.00 feet, the radius point of which bears
South 76 degrees 41 minutes 48 seconds East; thence southerly along said curve an arc
distance of 118.76 feet to a point which beam North 88 degrees 57 minutes 27 seconds
West from said radius point;, thence South 01 degrees 02 minutes 33 seconds West 244.4~
feet;, thence North 88 degrees 57 minutes 27 seconds West 114.56 feet to a curve having
a radius of 325.00 feet, the radius point of which beam North 01 degrees 02 minutes 33
seconds East, thence westedy along said curve an arc distance of 35.13 feet to a point
which beam South 07 degrees 14 minutes 08 seconds West from said radius point; thence
North 82 degrees 45 minutes 52 seconds West 70.23 feet; thence south 07 degrees 14
minutes 0'~ sec~'~ds West 188.61 feet;, thence South 83 degrees 24 minutes 11 seconds
East 30.71 feet; thence South 11 degrees 49 minutes 47 seconds West 184.73 feet;
thence South 78 degrees 10 minutes 13 seconds East 69.90 feet to a curve having a
radius of 275.00 feet, the radius point of which beam North 11 degrees 49 minutes 47
seconds East; thence easterty along said curve an arc distance of 51.77 feet to a pofnt
which bears South 01 degrees 02 minutes 33 seconds West from said radius point;, thence
South 01 degrees 02 minutes 33 seconds West 50.00 feet to a curve having a radius of
325.00 feet, the radius point of which beam North 01 degrees 02 minutes 33 seconds East;
thence westedy along said curve an arc distance of 61.19 feet to a point which beam South
11 degrees 49 minutes 47 sacon'~ls West from said radius point; thence North 78 degrees
10 minutes 13 seconds West 13.28 feet;, thence South 11 degrees 49 minutes 47 seconds
West 160.00 feet; thence North 78 degrees 10 minutes 13 seconds West 365.65 feet;
thence North 63 degrees 49 minutes 53 seconds West 230.88 feet; thence North 51
degrees 20 minutes 25 seconds West 128.39 feet;, thence North 38 degrees 04 minutes
20 seconds West 30.01 feet; thence North 25 degrees 56 minutes 21 seconds West
236.62 feet;, thence North 00 degrees 23 minutes 39 seconds East 303.23 feet; thence
North 06 degrees 44 minutes 04 seconds East 90.55 feet; thence North 00 degrees 23
minutes 39 seconds East 175.30 feet to the north line of the Northeast Quarter of Section
27; thence South 89 degrees 56 minutes 39 seconds East along said north fine 7.73 feet
to the Point of Beginning, containing 19.608 acres, more or less.
J:[10~IDOC,.~MO ..F~4L G. TJCI'
DECIAR,t.TION OF COVEN, I/qTS ,t,ND
· ~X~rr D
D~ON OF ~ ,t~PPLEG, t..TE P.t~CEL
~cXI"IIBIT
P~c~IM~TER I.AND
"APPI.~AT~ PA~CF.L~'
INST. ~i~ 096'1, BK. '~7~ P~. ~6 8, IN,.~T. ~.86-8941 BK. ~6~, P~.
Part of the Southwest Quarter of Section 26, Township 18 'North, Range 4 East of the
Second Principal Meridian in Hamilton County, Indiana described as follows:
Commencing at the northwest comer of said southwest quarter, thence South 00 degrees
02 minutes 46 seconds East (Assumed Bearing) along the west line thereof, a distance of
1629.42 feet to the Point of Beginning; thence continuing along said west line South 00
degrees 02 minutes 46 seconds East a distance of 147.58 feet;, thence North 89 degrees
57 minutes 14 seconds East a distance of 207.58 feet to the west line of a tract of land
desCribed in deed to M.J Kitchen & Natalie Wilkins, Instrument f~9Q-28327; thence
North 00 degrees 02 minutes 46 seconds West along said west line a distance of 147.58
feet to the south line of said Kitchen & Wilkins tract;, thence South 89 degrees 57 minutes
14 seconds West along said south line a distance of 207.58 feet to the Point of
Beginning, containing 0.703 acres, more or less.
1/24/~7
BAD
g709728755 .
Filed for Recova in
HAMILTON COUNTY, INDIANA
NARY L CLARK
On 07-16-1997 At 03:38 p,.
DEC COV RES 36.00
SUP~NTAL DECLARATION OF COVENANTS AND RESTRICTIONS
PRA.~r~. VIeW
This Supplemm~ Declaration, dated as ortho 29th day ofiv~, 1997, by BDOCARDINAL ASSOCIATES,
L.P., an Indiana limited pmlnership,
WITNESSES THAT:
the following facts are true:
A. Declarant is the owner of the fee shnple title to the real estate located in Hamilton County, Indiana,
- more particularly described in Exin'bit A ~ttached hereto and incorporated herein by this reference.
B. This Declaration is a Supplemental Declaration as that term is defined in the Declaration of Covenants
and Restrictions.
Co
constructed.
Declarant intends to subdivide the Parcel into Lots upon each of which a Residence may be
NOW, Tr~ORE, Declarant hereby makes this Supplemental Declaration as follows:
1. Definitions. Words, phrases and terms that are defined in the Declaration of Covenants and
-- Restrictions have the same meaning in this Supplemental Declaration except as herein otherwise provided. The
following words, phrases and terms, as used in this Supplemeatal Declaration, unless the context clearly requires
otherwise, mean the following:
'~' means the name by which the Parcel shall be known.
"Declaration of Covenants and Restriction.~" means the Declaration of
Covenants and Restrictions of Prairie View dated as of February 5, 1997 and
recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument
Number 9709705549, as amended from time to time.
"Lot" means a numerically designated subdivided parcel of land depicted on
a Plat.
"Owner" means any Person, including Declarant, who at any time owns the
fee simple title to a Lot.
"Parcel" means that pan of the real estate described in Exhibit A which is at
any time subject to the covenants, restrictions, easements, charges and liens imposed
by the Declaration of Covenants and Restrictions.
"Plat" means the secondary plat of a Section within the Parcel.
"Section" means that pan of the Parcel which is depicted on a Plat.
"Tract" means the real estate, including all or any part of the Parcel, that is
subject to the covenants, restrictions, easements, charges and liens imposed by the
Declaration of Covenants and Restrictions.
2. Declaration. Declarant hereby dechres that, in addition to the covenants, restrictions,
easements, charges and liens imposed by the Declaration of Covenants and Restrictions, the Parcel
shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens hereinafter set forth.
3. L~d Use. Lots may be used only for residential purposes as provided in the
Declaration of Covenants and Restrictions. No portion of any Lot may be sold or subdivided such
that there will be thereby a greater number of houses in a Section than the number of original Lots
shown on a Plat of such Section.
4. Construction of Residences.
(a) Lot Develooment Plans. Except to the extent such requirement is
waived by Declarant, prior to commencement of any construction on a Lot, a Lot
Development Plan shall be submitted to the Architectural Review Board in
accordance with the requirements of Paragraph 18 of the Declaration of Covenants
and Restriedons. Each Owner shall comply with the terms and provisions of
Paragraph 18 of the Declaration of Covenants and Restrictions and the requirements
of the Architectural Review Board established pursuant to the authority granted by
the Declaration of Covenants and Restrictions.
-2-
(b) Size of Residence. Except as otherwise provided herein, no Residence
may be constructed on any Lot unless such Residence, exclusive of open porches,
attached garages and basements, shall have a ground floor area of 2,000 square feet
ifa one-story structure, or 1,200 square feet ifa higher structure, but in the case of
a building higher than one story, the total floor area shall not be less than 2,000 square
feet.
(c) Temporary Structures. No uailer, shack, tent, boat, basement, garage
or other outbuilding may be used at any time as a dwelling, temporary or permanent,
nor may any structure ora temporary character be used as a dwelling.
(d) Building, Lneafion and Finished Floor Elevation No building may be
erected between the building line shown on a Plat and the fi.om Lot line, and no
structure or pan thereof (exclusive of open areas or terraces, unenclosed porches not
more than one story high, fireplace chinmey and architectural features that project no
more than two (2) feet) may be built or erected nearer than ten (10) feet to any side
Lot line or nesrer than twenty (20) feet to any rear Lot line; provided, however, if the
Zoning Authority requires a greater side yard setback, then such greater requirement
shall prevail. The aggregate side yard setback shall be not less than twenty (20) feet.
A minimum finished floor elevation, shown on the development plan for each Section,
has been established for each Lot and no finished floor elevation with the exception
of flood protected basements shall be constructed lower than said minimum without
the written consent of the Architectural Review Board. Demonstration of adequate
storm water drainage in conformity with both on-Lot and overall project drainage
plans shall be a prime requisite for alternative finished floor elevations.
(e) Driveways. All driveways shall be paved with either concrete or
asphalt and maintained dust flee.
(f) Yard Li~ahts. If street lights are not installed in the Paroel, then each
Owner or his builder shall install and maintain in operable condition either (i) a pole
light on the Lot at a location, having a height and of a type, style and manufacture
approved by the Architectural Review Board prior to the installation thereof or (ii)
· two (2) carriage lights on the front of the Residence of a type, style and manufacture
approved by the Architectural Review Board prior to the installation thereof. Each
such light f~m'e shall also have a bulb of a wattage approved by Architectural
Review Board to insure uniform illumination on each Lot and shall be equipped with
a photo electric cell or shnilar device to insure automatic illumination fi.om dusk to
dawn each day.
(g) Storage Tanks. Any gas or oil storage tanks used in connection with
a Lot shall be either buried or located in a Residence such that they are completely
concealed fi.om public view.
(h) Construction and Landscanin~. All construction upon, landscaping of
and other improvement to a Lot shall be completed strictly in accordance with the Lot
Development Plan approved by the Architectural Rev/ew Board. All landscaping
specified on the landscaping plan approved by the Architectural Review Board shall
be installed on the Lot strictly in accordance with such approved plan within thirty
(30) days following substantial completion of the Residence if such completion occurs
between April 1 and October 15; otherwise prior to May 1. Unless a deiay is caused
by strikes, war, court injunction or acts of God, construction of a Residence on a Lot
shall be completed within one ( 1 ) year after the date of commencement of the building
process.
The failure of the Owner of a Lot to apply for approval of; or receive approval
from, the Architectural Review Board of a Lot Development Plan shall not relieve
such Owner from his obligation to complete construction of a Residence upon the Lot
within the time period specified herein. For the purposes of this subparagraph (h),
construction of a Residence will be deemed 'completed' when the exterior of the
Residence (including but not limited to the foundation, walls, roof; windows, entry
doors, gutters, downspouts; exterior trim, paved driveway, landscaping and yard
light) has been completed in conformity with the Lot Development Plan.
(i) Mailboxes. All mailboxes installed upon Lots shall be uniform and
shall be of a type, color and manufacture approved by the Architectural Review
Board. Such mailboxes shall be installed upon posts approved as to type, size and
location by the Architectural Review Board.
(j) S~fic S_vstems. No septic tank, absorption field or any other on-site
sewage disposal system (other than a lateral main connected to a sanitary sewerage
collection system operated by the City of Carmel or a successor public agency or
public utility) shall be installed or maintained on any Lot.
(lc) Water Systems. No private or semi-private water supply system may
be located upon any Lot which is not in compliance with regulations or procedures
adopted or established by the Indiana State Board of Health, or other civil authority
having jurisdiction. To the extent that domesgc water service is available from a water
line located within 200 feet of the lot line maintained by a public or private utility
compS: each Owner shall connect to such water line to provide water for domestic
use on the Lot and shall pay all connection, availability or other charges lawfully
established with respect to connections thereto. Notwithstanding the foregoing, an
Owner may establish, maintain and use an irrigation water well on his Lot as long as
the well does not adversely affect the normal pool level of a Lake or Pond.
(l) 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 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 spac'fllc 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 the Parcel may be included in a legal drain established by the Drainage Board.
In such event, each Lot in the Parcel will be subject to assessment by the Drainage
Board for the costs ofrnaintenance of the portion of the Drainage System and/or the
Lakes 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 affect materially the surface
elevation or grade of surrounding Lots. 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.
(m) Accessory B~dldings. No mini-barns, storage shed or other
building or structure other than gazebos shall be permitted on any Lot.
(n) Pools. No above ground swimming pool, other than a children's
wading pool, shall be permitted on any Lot.
(o) Basketball Goals. No basketball goal shall be placed or maintained in
the front driveway of a Lot or within the right-of-way of any street. Unless the
Architectural Review Board establishes a policy establishing other specifications,
backboards of all basketball goals shall be of a translucent material such as fiberglass
or Lexan and attached to a black pole or similar type of post. The location of a
basketball goal on the Lot is subject w approval of the Architectural Review Board
if it would be vis~ie from a public fight-of-way adjoining the Lot.
Maintenance of Lots.
(a) Vehicle Parking. No recreational vehicle, motor home, truck which
exceeds ~A ton in weight, trailer, boat or disabled vehicle may be parked or stored
overnight or longer on any Lot in open public view.
(b) Sit, ns. Except for such signs as Declarant may in its absolute
discretion display in connection with the development of Prairie View or the Parcel
and the sale of Lots therein, such signs es may be located on the Community Area and
such signs ns may, with the consent of Declarant, be displayed by a Designated
Builder to advertise the property during construction and sale of Residences and the
maintenance of model homes, no sign of any kind shall be displayed to the public view
on any Lot except that one 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 for rent.
-5-
(c) Fencing. No fence, wall, hedge or shrub planting higher than eighteen
(18) inches shall be permitted between the front property line and the from building
set-back line except where such planting is located on a Landscape Easement or is
pa~ ofl~o~i_'dence landscaping/wxi the prime root thereofis within four (4) feet of the
Residence. Trees shall not be deemed "shrubs" unless planted in such a manner as to
con.~itute a "hedge". No chain link fence shall be erected upon a Lot. No fence shall
be erected, or maintained on or within any Landscape Easement except such as may
be installed by Declarant and subsequently replaced by the Corporation in such
manner as to preserve the uniformity of such fence. In no event may any fence be
erected or maintained on any Lot without the prior approval of the Architectural
Review Board, which may establish design standards for fences and further
restrictions with respect to fencing, including limitations on (or prohibition of) the
in.~il~fion offences in the rear yard ora Lot and along the bank of any Lake or Pond.
Ail fences shall be kept in good repair. No fence, wall, hedge or shrub planting 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 comer lot within the triangular area
formed by the street property lines and a line connecting points 25 feet from the
intersection of said street lines, or in the case of a street line with the edge of a
driveway pavement or alley line. No tree shall be permitted to remain within such
distances of such intel~x~tions unless the foliage line is maintained at sufficient height
to prevent obstruction of such sight lines.
(d) Vegetation. An Owner shall not permit the growth of weeds and
volunteer trees and bushes on his Lot, and shall keep his Lot reasonably clear ~om
such unsightly growth at all times. If an Owner fails to comply with this Restriction,
the Board of Directors shall cause the weeds to be cut and the Lot cleared of such
growth at the expense of the Owner thereof and the Corporation shall have a lien
against the cleared Lot for the expense thereof.
(e) 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. Barking dogs shall constitute a nuisance.
(f) Garbage and Refuse Di~_ osal. No Lot shall be used or maintained as
a dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary
contaimrs out of public view. All equipment for storage or disposal of such materials
shall be kept clean and sanitary.
(g) Livestock and Poultry. 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 are not kept, bred or maintained for any
commercial purpose. The owners of such permitted pets shall confine them to their
relq~tive 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 annoy or disturb adjoining Owners.
(h) Outside Burning. No trash, leaves, or other materials shall be burned
upon a Lot if smoke therefrom would blow upon any other Lot and, then, only in
acceptable incinerators and in compliance with all applicable legal requirements.
(i) Antenms and Receivers. No satellite receiver, down-link or antenna
which is visl'ole from a public way or fi'om any other Lot, and no satellite dish greater
than eighteen (18) ~ in diameter shall be permitted on any Lot without the prior
written cons~t of the Architectural Review Board. Unless consent thereto is granted
by a majority ofthe Owne~, the Architectural Review Board shall not give its consent
to the installation of any exterior television anteana if teievision reception is available
fi.om underground cable connections serving the Lot, nor shall it give its consent to
the installation of any other exterior antenna unless all Owners of Lots within 200 feet
of the Lot upon which the proposed antenna would be erected consent in writing to
the installation thereof.
(j) Exterior Lil~hts. 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.
(lc) Elec~c Bug Killers. Electric bug killers, "zappers" and other similar
devices shall not be installed at a location or locations which will result in the
operation thereof becoming a nuisance or annoyance to other Owners and shall only
be operated when outside activities require the use thereof and not continuously.
(1) Air Conditioners. No room air conditioning unit shall be installed so
as to protrude from any structure located on a Lot (including but not limited to the
window of any Residence or garage) if the same would be visible from a public way,
a Community Area or any other Lot; provided, however, that this Restriction shall not
apply to central air conditioning units.
6. General Community Rules. Each Lot shall be subject to the guidelines, roles,
regulations and procedures adopted by the Architectural Review Board pursuant to Paragraph
20(a)(iii) of the Declaration of Covemmts and ResUictions, and each Owner of a Lot shall at all times
comply therewith.
7. Assessments. The Board of Directors may make Assessments to cover any costs
incurred in enforcing these covenants or in undertaking any maintenance or other'activity that is the
responsibility of the Owner ora Lot hereunder but which such Owner has not undertaken as required
hereunder. Any such Assessment shall be assessed only against those Owners whose failure to
-%
comply with the requirements of these covenants necessitated the action to enforce these covenants
or the undertaking of the maintenance or other activity.
8. Enforcement. The right to enforce each of the foregoing Restrictions by injunction,
together with the fight to cause the removal by due process of law of structures erected or maintained
in violation thereoi~ is reserved to Declarant, the Corporation, the Architectural Review Board, the
Owne~ of the Lots in the Parcel, their heirs and assigns, and to the Zoning Authority, their
successors and assigns, who are entitled to such relief without being required to show any damage
of any kind to Declarant, the Corporation, the Architectural Review Board, any Owner or Owners,
or such Zoning Authority by or through any such violation or attempted violation. Under no
circumstances shall Declarant, the Corporation or the Architectural Review Board be liable for
damages of any kind to any Person for failure to abide by, enforce or carry out any provision or
provisions of this Supplemental Declaration. There shall be no rights of reversion or forfeiture of title
resulting from any violations.
9. ~. Invalidation ofany ofthese covenants and restriaions or any pan thereof
by judgment or court order shall not affect or render the remainder of said covenants and restrictions
invalid or inoperative.
10. Non-Liability of Declarant. Declarant shall have no duties, obligations or liabilities
hereunder except such as ere expressly assumed by Declarant, and no duty o/~ or warranty by,
Declarant shall be implied by or inferred from any term or provision of this Supplemental Declaration.
11. General Provi~ionl~. This Supplemental Declaration may be amended at any time in
the manner provided in Paragraph 27 of the Declaration of Covenants and Restrictions except that
no amendment adopted pursuant to Paragraph 27(a) of the Declaration of Covenants and Restrictions
shall be effective as al~ast a Mortgagee who subsequently acquires title to a Lot unless approved
by at least two-thirds (2/3) of the Mortgagees who hold first mortgages on the Lots in the Parcel
(based on one vot~ for each first mortgage owned) or at least two-thirds (2/3) of the Owners of the
Lots in the Parcel (excluding Declarant).
Except as the same may be amended from time to time, the foregoing restrictions will be in
full force and effect until lanuary 1, 2027, which time they will be automatically extended for
successive periods often (10) years, unless by a vote of the majority of the then Owners of Lots in
the Parcel it is a/rend that these Restrictions shall terminate in whole or in part.
-8-
IN WITNESS WHEREOF, this Supplemental Declaration has been executed as of the date
first above writtea,
BDC/CARDINAL ASSOCIATES
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Tom
Charles Huston, the Ass/~ C-e~eral Manager of BDC/Cardinal Realty, L.P., an Indiana limited
p/u~nership, who acknowledged execution of the foregoing Supplemental Declaration of Covenants
and Restrictions for and on behalf of said limited partnership.
WITNESS my hand and Notarial Seal this 29th day oX, May,.!,1997. ..
otary Public Re~id~g in Marion County
My Commt_-_,,_'on Bxp~:
V~n Leiv. h W'flson
Aunust 13. 1998 (printed signature
This insUument prepared by Tom Charles l-lu-_,~on, Attorney at Law, 1313 Merchants Bank Building,
11 South Meridian Street, Indianapolis, Indiana 46204.
EXH~FF A
Re~l Estate Description
LAND DESCRIPTION
(Chapman's Claim at Prairie View Section 1)
Part of the Northwest and Southwest Quarter of Section 26 in Township 18 North, Range 4 East in the
Second Principal Meridian in Hamilton County, Indiana being described as follows:
Commencing at the Northwest corner of said Southwest Quarter of Section 26; thence on an assumed
bearing of South 00 degrees 02 minutes 46 seconds East a distance of 402.88 feet to the Point of
_ Beginning; thence NoAh 89 degrees 57 minutes 14 seconds East a distance of 47.34 feet to a curve
having a radius of 560.00 feet the radius point of which bears South 80 degrees 45 minutes 34 seconds
East; thence north along said curve an arc distance of 84.01 feet to a point which bears NoAh 72
-- degrees 09 minutes 50 seconds West from said radius point; thence North 17 degrees 08 minutes 54
seconds East a distance of 72.25 feet to a curve having a radius of 640.00 feet, the radius point of which
bears North 72 degrees 23 minutes 34 seconds West; thence north along said. curve an arc distance of
- 227.32 feet to a point which bears North 87 degrees 15 minutes 22 seconds East from said radius point;
thence North 02 degrees 44 minutes 38 seconds West a distance of 9~..95 feet to a curve having a radius
_ of 20.00 feet, the radius point of which bears NoAh 87 degrees 15 minutes 22 seconds East; thence
northeasterly along said curve an arc distance of 23.83 feet to a point which bears NoAh 24 degrees 28
minutes 56 seconds West from said radius point also being a point of reversed curvature of a curve
_ having a radius of 142.00 feet, the radius point of which bears NoAh 24 degrees 28 minutes 56 seconds
West; thence northeasterly along said curve an arc distance of 24.19 feet to a point which bears South
34 degrees 14 minutes 30 seconds East from said radius point also being a point of reversed curvature
- of a curve having a radius of 21.00 feet, the radius point of which bears South 34 degrees 14 minutes
30 seconds East; thence easterly along said curve an arc distance of 26.99 feet to a point which bears
· North 39 degrees 24 minutes 29 seconds East from said radius point also being a point of compound
- curvature of a curve having a radius of 425.00 feet, the radius point of which bears North 39 degrees 24
minutes 29 seconds East; thence southeasterly along said curve an arc distance of 79.45 feet to a point
_ which bears South 28 degrees 41 minutes 48 seconds West from said radius point also being a point
of reversed curvature of a curve having a radius of 20.00 feet, the radius point of which bears South 28
degrees 41 minutes 48 seconds West; thence southeasterly along said curve an arc distance of 24.15
_ feet to a point which bears South 82 degrees 07 minutes 00 seconds East from said radius point also
being a point of reversed curvature of a curve having a radius of 225.00 feet, the radius point of which
bears South 82 degrees 07 minutes 00 seconds East; thence southerly along said curve an arc distance
- of 31.14 feet to a point which bears South 89 degrees 57 minutes 14 seconds West from said radius
point; thence South 89 degrees 57 minutes 14 seconds East a distance of 50.00 feet; thence South 00
degrees 02 minutes 46 seconds East a distance of 212.00 feet; thence South 89 degrees 48 minutes
40 seconds East a distance of 440.00 feet; thence NoAh 00 degrees 02 minutes 46 seconds West a
distance of 198.90 feet; thence South 89 degrees 40 minutes 43 seconds East a distance of 5.57 feet
EXHIBIT
PAGE L..~..,OF ,,-i: '
to a curve having a radius of 375.00 feet, the-radius point of which bears South 14 degrees 45 minutes
25 seconds West; thence easterly along said curve an arc distance of 23.18 feet to a point which bears
- North 18 degrees 17 minutes 54 seconds East from said radius point; thence South 71 degrees 42
minutes 06 seconds East a distance of 191.41 feet; thence South 03 degrees 33 minutes 12 seconds
West a distance of 333.21 feet; thence South 86 degrees 26 minutes 48 seconds East a distance of
-- 150.00 feet; thence South 03 degrees 33 minutes 12 seconds West a distance of 115.49 feet to a curve
· having a radius of 375.00 feet, the radius point of which bears South 86 degrees 26 minutes 48 seconds
-- East; thence southerly along said curve an arc distance of 135.85 feet to a point which bears South 72
degrees 47 minutes 48 seconds West from said radius point; thence South 72 degrees 47 minutes 48
seconds West a distance of 150.77 feet; thence South 21 degrees 46 minutes 31 seconds East a
- distance of 104.88 feet; thence South 34 degrees 35 minutes 55 seconds East a distance of 173.48 feet;
thence South 83 degrees 35 minutes 18 seconds West a distance of 80.00 feet; thence South 06
degrees 24 minutes 42 seconds East a distance of 150.00 feet; thence South 83 degrees 35 minutes
-- 18 seconds West a distance of 11.78 feet to a curve having a radius of 225.00 feet, the radius point of
which bears North 06 degrees 24 minutes 42 seconds West; thence westerly along said curve an arc
distance of 141.59 feet to a point which bears South 29 degrees 38 minutes 38 seconds West from said
-- radius point; thence North 60 degrees 21 minutes 22 seconds West a distance of 47.40 feet; thence
North 29 degrees 38 minutes 38 seconds East a distance of 147.04 feet; thence North 58 degrees 16
minutes 58 seconds West a distance of 81.72 feet; thence North 68 degrees 00 minutes 50 seconds
West a distance of 107.80 feet; thence South 89 degrees 57 minutes 14 seconds West a distance of
110.92 feet; thence South 00 degrees 02 minutes 46 seconds East, parallel with the west line of said
- southwest quarter, a distance of 22.22 feet; thence South 02 degrees 07 minutes 38 seconds West a
distance of 110.67 feet to a curve having a radius of 325.00 feet, the radius point of which bears South
02 degrees 07 minutes 38 seconds West; thence easterly along said curve an arc distance of 7.21 feet
- to a point which bears North 03 degrees 23 minutes 54 seconds East from said radius point; thence
South 03 degrees 23 minutes 54 seconds West a distance of 50.00 feet; thence South 00 degrees 02
minutes 46 seconds East, parallel with the west line of said southwest quarter, a distance of 302.10 feet;
-- thence South 51 degrees 03 minutes 41 seconds East a distance of 35.28 feet; thence South 21 degrees
18 minutes 13 seconds West a distance of 152.24 feet; thence South 17 degrees 35 minutes 04 seconds
West a distance of 50.00 feet to a curve having a radius of 225.00 feet, the radius point of which bears
North 17 degrees 35 minutes 04 seconds East; thence westedy along said curve an arc distance of
32.79 feet to a point which bears South 25 degrees 56 minutes 06 seconds West from said radius point;
_ thence South 00 degrees 16 minutes 13 seconds East a distance of 173.13 feet; thence South 00
degrees 17 minutes 40 seconds East a distance of 54.49 feet; thence North 89 degrees 50 minutes 56
seconds West a distance of 283.77 feet; thence North 00 degrees 02 minutes 46 seconds West, parallel
- with the west line of said southwest quarter, a distance of 149.15 feet; thence South 89 degrees 57
minutes 14 seconds West a distance of 207.58 feet to said west line of said Southwest Quarter; thence
North 00 degrees 02 minutes 46 seconds West along said west line a distance of 1226.54 feet to the
- Point of Beginning, containing 28.427 acres, more or less.
1065~doc$~ 1 ~ 1pi. doc
-- 8/0~796 dec
EXHIBIT
PAGE
LAND DESCRIPTION
(Chapman's Claim at Prairie View Section 2)
Part of the Southwest Quarter of Section 26 in Township 18 North, Range 4 East in the
Second Principal Meridian in Hamilton County, Indiana being described as follows:
Commencing at the Northwest corner of said Southwest Quarter; thence South 00 degrees
02 minutes 46 seconds East along the east line thereof a distance of 1629.42 feet; thence
North 89 degrees 57 minutes 14 seconds East a distance of 207.58 feet; thence South 00
degrees 02 minutes 46 seconds East parallel with the west line of said Southwest Quarter
a distance of 149.15 feet; thence South 89 degrees 50 minutes 56 seconds East a
distance of 283.75 feet to the Point of Beginning; thence North 00 degrees 16 minutes
13 seconds West a distance of 227.62 feet to a curve having a radius of 225.00 feet, the
radius point of which bears North 25 degrees 56 minutes 06 seconds East; thence easterly
along said curve an arc distance of 32.79 feet to a point which bears South 17 degrees 35
minutes 04 seconds West from said radius point; thence North 17 degrees 35 minutes 04
seconds East a distance of 50.00 feet; thence North 21 degrees 18 minutes 13 seconds
East a distance of 152.24 feet; thence North 51 degrees 03 minutes 41 seconds West a
distance of 35.28 feet; thence North 00 degrees 02 minutes 46 seconds West, parallet with-
the west line of said southwest quarter, a distance of 302.10 feet; thence North 03 degrees
23 minutes 54 seconds East a distance of 50.00 feet to a curve having a radius of 325.00
feet, the radius point of which bears South 03 degrees 23 minutes 54 seconds West;
thence westerly along said curve an arc distance Of 7.21 feet to a point which bears North
02 degrees 07 minutes 38 seconds East from said radius point; thence North 02 degrees
07 minutes 38 seconds East a distance of 110.67 feet; thence North 00 degrees 02
minutes 46 seconds West, parallel with the west line of said southwest quarter, a distance
of 22.22 feet; thence North 89 degrees 57 minutes 14 seconds East a distance of 110.92
feet; thence South 68 degrees 00 minutes 50 seconds East a distance of 107.80 feet;
thence South 58 degrees 16 minutes 58 seconds East a distance of 81.72 feet; thence
South 29 degrees 38 minutes 38 seconds West a distance of 147.04 feet; thence South
60 degrees 21 minutes 22 seconds East a distance of 47.40 feet to a curve having a radius
of 225.00 feet, the radius point of which bears North 29 degrees 38 minutes 38 seconds
East from said radius point; thence easterly along said curve an arc distance of 141.59 feet
to a point which bears South 06 degrees 24 minutes 42 seconds East from said radius
point; thence North 83 degrees 35 minutes 18 seconds East a distance of 11.78 feet;
thence North 06 degrees 24 minutes 42 seconds West a distance of 150.00 feet; thence
North 83 degrees 35 minutes 18 seconds East a distance of 80.00 feet; thence North 77
degrees 12 minutes 16 seconds East a distance of 52.88 feet; thence North 34 degrees
35 minutes 55 seconds West a distance of 173.48 feet; thence North 21 degrees 46
minutes 31 seconds West a distance of 104.88 feet; thence North 72 degrees 47 minutes
48 seconds East a distance of 150.77 feet to a curve having a radius of 375.00 feet, the
radius point of which bears North 72 degrees 47 minutes 48 seconds East; thence
northerly along said curve an arc distance of 30.27 feet to a point which bears South 77
degrees 25 minutes 19 seconds West from said radius point; thence North 77 degrees 25
minutes 19 seconds East a distance of 50.00 feet; thence North 82 degrees 03 minutes
PAGE ~,.~ OF '¢
06 seconds East a distance of 101.48 feet; thence South 63 degrees 31 minutes 42
seconds East a distance of 224.14 feet; thence North 89 degrees 59 minutes 42 seconds
East a distance of 214.35 feet to the west line of a tract described in deed to
Earlham/Conner Prairie Golf Course, L.L.C per Instrument #94-25771 as recorded in ~he
Office of the Hamilton County Recorder;, thence South 00 degrees 00 minutes 18 seconds
East along said west line a distance of 1062.92 feet to the north line of a tract of land
described in deed to Hamilton County Park Board per Instrument #92-21863 as recorded
in the Office of the Recorder of said County; thence North 89 degrees 50 minutes 56
seconds West along said north line a distance of 1146.47 feet to the Point of Beginning,
containing 24.65 Acres, more or less.
J:~1065~DOCS~,CHAP2LGLWP D
May 14, 1997, BD
EXHIBIT ~
PAGE 'q O~''~
AMENDMENT TO SUPPLEMENTAL DECLARATION
OF COVENANTS AND RESTRICTIONS
AND NOTATION ON PLAT
PRAHIIE VIEW
WITNESSES THAT:
WHEREAS, the following facts are true:
This Amendment to Supplemental Declaration of Covenants and Restrictions and Notation
on Plat, dated as of the ~d' day of August, 1997, by BDC/CARDINAL ASSOCIATES, L.P., an
Indiana limited partnership,
9709731764
Filed for Recm'd in
HANILTON COUNTY, INDIANA
NARY L [;LARK
On 08-04-1997 Pd; 03:08 pm,
DEC COV RES 15.00
A. Teniis used but not defined heroin shall have the meaning given such terms in that
certain Supplemental Declaration of Covenants and Res~rietions for Chapman's Claim, in Prairie
View, d~ted May 29, 1997 and recorded on July 16, 1997 in the Office of the Recorder of Hamilton
County, Indiana as Instrument No. 9709728755 (the "Supplemental Declaration").
B. This Amendment is made to pursuant to the provisions of Paragraph 27 of the
Declaration of Covenants and Restrictions.
C. A Plat for Section 1 of Chapman's Claim was recorded on February 14, 1997, as
Instrument No., 9705551, in Pla~ Cabinet No. l, Slide No. 759, in the Office of thc Recorder of
Hamilton County, Indiana (thc "Plat").
D. On July 28, 1997, the Board of Zoning Appeals of the City of Carmel granted (i) in
case V-45-97, a variance of Section 33.4.05 of the Carmel/Clay Zonln~ Ordinance (the "Ordimmce")
to reduce the required minimum aggregate side yard for Lots (as defined in the Supplemental
Declaration) in Chapman's Claim fi~m twenty (20) fcet to fifteen (15) feet, and (ii) in case V-46-97,
a variance of Section 33.4.05 of the Ordinance to reduce the required minimum side yard for Lots
in Chapman's Claim from ten (I0) feet to seven and one-half (7.5) feet.
E. This Amendment is being made to conform the provisions of the Supplemental
Declaration and the Plat to the development standards as established by said variances.
NOW, THEREFORE, the Declarant hereby amends the Supplemental Declaration,
notes with respect to the Plat, as follows:
respects:
Paragraph 4(d) of the Supplemental Declaration is hereby amended in the following
(i) The phrase "ten (10) feet to any side Lot line" in the sixth'line thereof is hereby
deleted and the phrase "seven and one-half (7.5) feet to any side Lot line" is inserted in lieu
thereof.
(ii) The aggregate side yard setback shall be tilden (15), not twenty (20), feet.
2. The side yard setback lines as depicted on the Plat shall be deemed reduced fix~m ten
(10) feet to any side Lot line to seven and one-half (7.5) feet to any side Lot line.
3. Except as amended hereby, the Supplemental Declaration and the Plat shall remain
in full force and effect without amendment.
IN wrI'NESS WHEREOF, this Supplemental Declaration of Covenants and R..estrictions and
Notation on Plat has been executed as of the date first above written.
BDC/CARDINAL ASSOCIATES, L.P.l
Assistant General Manager
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Tom
Charles Huston, the Assistant General Manager of BDC/Cardinal Associates, L.P., an Indiana
limited partnership, who acknowledged execution of the foregoing Amendment to Supplemental
D~claration of Covenants and Restrictions and Notation on Plat for and on behalf of said limited
parmership.
WITNESS my hand and Notarial Seal this 1 g~- day of August, 1997.
Not~ry Public Residing in ~-~.~ County
My Commission Expires:
~ ')il, lqqq
Marie M. Urick
(printed signature)
This instrumeat prepared by David 1L Warshaner, Attorney at Law, 12722 Hamilton Crossing
Boulevard, Carmel, Indiana 46032.
This Supplemental Declaration, dated as of ',.he ~ day of February, 1.997, by
BDC/CARDINAL ASSOCIATES, L.P, an ~ li,~ited panneml~p,
WITNESSES THAT:
the £ollowing facts are tr~
A. Deeh,an~ is ~e owner of the fee ~?le rifle to the real e~tate located in
l-Tnmlkon COUnty, Indiana, more particularly descn~ed in ~ attached hereto and
incorporated herein by *h!_~ reference.
B. This De~-~.ion is a Supplemental Declara~n as that t~m is defined in the
Deetn,afica of Cove,~=,~ and Resm'cl/ons.
C. -- De~-,ant intends to subd/vide the Parcel into Lorn upon each of wkich a
Re.~/donce may be comUuct~
NOW, THERI/FORF~ Dedaram hereby makes th~_< Supplemental Declaration as
follows:
1. ~. Words, phrases and terms that are defined in the Declaration of
Covenants and Rcsu/cl/om have the same meaning in this Supplemental Declaration except
as herein otherw/se prov/ded. The follow/rig words, phrases and terms, as used in th/s
Suppleme~al Deet~,a~on, unle..~ the cont~x~ clearly requ/res othe.-whe, mesh the followi~
'Declaration of Covenams and Restriclions" means the Declaration of
Cove,~,~m and Rc~ict/ous of Pra/r/e View dated as of February, 1997 and
recorded in the Office o..f~...~. ~ecorder of ~-m~Im~. County, ~ as
instrnment Number 97- C[-r-~,44. as amended from nme to time.
"Lat" means a m,merically designated subdivided parcel of land
depicted on a Pla~.
"~" means the name by which the Parcel shall be known.
'Owner" means any Person, inclu,ti,~g Declarant. who at a~y time owns
the fee ~rnple title to a Lot.
~Parcel" means ~ pa.rc of the real estate descn%ed in Exhibit A which
is at any t/me subject to the covenan~ resu'/ctions, eascmants, charges and
liens imposed by the Declaration of Cove,,,,,ts and Restrict/om.
~ m~ans the secondary plat of a Sec~ wifl~ the Par~L
"Section" n~*,,~ that part of the Parcel which is depict, ed on a Plat.
~ means the real estate, including all or any part of the Parcel,
that is subject to the covenants, restrictions, easements, charges and liens
imposed by the De~!~,mion of Covenants and Resu'i~ons.
. 2. ~ Declarant here. by declares that, in addition to the covenants,
resmctions, eascmen~ char~es md liens unposed by the De~-~,,wauon of Cove,,-,,ts and
Resnictions, the Parcel shall be held, tr~sCerred, sold, conveyed and occupied subject
· the cove~s, restrictions, easements, charges and liens her¢i~.~er set forth.
~. ~ Lots may be used only for residential purposes as provided in the
Declaration of Cove-.-*s and Restrictions. No portion of any Lot may be sold or
subdivided such that there will be thereby a greater n~mher of houses hi a Section than the
m,,~her ~ or/~"'~.! Lots shown on a Plat of such Section.
4. Consiraci/on of Residences,
(a) Lot Develo_~ment Plans. Except to the extent such requirement
is waived by De~-want, pr/or to commencement of any construction on a Lot,
a Lot Developmem Plan shall be submitted to the Architectural Review
Board in accordance with the requirements of Para~'aph 18 of the
De~.~ation of Covenants and Rasu'ictions. F. ach Owner .},.it comply with
the terms and provisions o~Paragraph 18 of the Declaration of Covenants and
Restrictions and the requirements of the Architectural Review Board estab-
lished pursuant to the author/V//rained by the Declaration of Cove,~,~ts and
Restrictions.
· (b) .~,~ll..l~l~. Except as otherwise provided herein, no
Remdence may be consumcted on any Lot unless such Residence, exclusive of
open porches, attached garages and basements, shall have a ground floor area
of 2,400 square feet ff a one-story structure, or I~00 square feet ii a higher
structure, but in the case of a buil~,~g higher than one story, ~nd the total
floor area shall not be less than 2,400 square feet.
-2-
(c) ~. No trailer, shack, tent, boat, ba~e~ont,
garage or other outh~Hi~$ may be used at any time a~ a dwelling, tempora~
or permanent, nor m~ any structure of a t~npora.~ chara~er be used as a
(d) Build/ne/_~cadon and F~n/shed FIoor ]~levado~. No
~ ad ~ s~e or p~ ~enf (~ve of op~ ~ or ~,
~ed por~ ~t more ~ ~ ~o~
~~ f~ ~ proje~ no more ~ ~o
~eaed ~er ~ ten (10) feet to ~ gde
(20) feet to ~ r=~ ~t ~e; pr~de~ h~er,
req~ a ~ ride y~d setb~ ~ ~ ~ter
pr~ ~e ~ega~ ride ~d seth~ ~ be ~ l~ ~ ~ (20)
fee~ A ~-i~m 6-1~hed fl~r ~fio~ ~ on ~e d~~ pl~ for
~ Se~o% ~ be~ ~llsh~d for ea~ ~t ~d ~ 6-1~hed floor
elevation ~ ~e ~fion of flood promaed
p~e re~te for ~te~five ~i~hed floor
_ (el_ . ' .Ilfil!~!~. · All driveways shall be paved with either concrete
or asphalt and m=m~,,~4 dust flee.
(/) Xal~[J,i$~. If ~reet lights are not flmalled in the Parcel, then
each Owner or Ms builder shall in,v, all and ~ in operable condition
either (i) a pole lliht on the Lot at a location, havin~ a height and of a type,
s~yle and m~r~lf~,,~u.e approved by the Archltecuu-al Review Board prior To
~e imstallafion thereof or (i/) t~o (2) carria/e Ii/ins on the front of the
Res/dence of a type, style and mannfa~e approved by the Architecrm-al
Review Board pr/or to the installation thereof. Bach such light fixrare shall
aho have a bulb of a wam~e approved by Architectural Review Board to
im-ure ~,,~¢orm ilium/nation on each Lot and shall be equipped with a photo
electric cell or ~r,~t~, device to Msure automatic ,~l,,,-i,,~tion from dusk to
dawn each day.
(g) ~It/Ei~TAIt~. Any/as or off storage ~=-ks used in connection
w/th a Lot shall be either buried or located in a Rei/dence such that they are
completely concealed from publ/c view.
(h) Construct/on and Landscapin_~, All comlruction upon,
l--dscaping of and other hnprovement to a Lot shall be completed swlctiy in
accordance with the Lot Development Plan approved by the Architectural
Review Board. All landscaping specified on the landscaping plan approved
by the Archite~nn'al Review Board shall be immlled on the Lot slricfly in
accordance with such approved plan w/t~i,~ thirty (30) days following
subsmmial completion of the Residence ii such completion occu~ between
April 1 and October 1~; otherwise prior to May 1. Unless a delay is caused
by stri]~ war, court injunction or aas of God, com-trucfion o£ a res/dance on
a Lot shall be completed witl,i,, one (1) year after the dale of comm~'ncemant
of the buildi~ proco~.
The ~il,~re of the Owner afa Lot to apply for approval of, or receive
approval from, the Architectural Review Board of a Lot Development Plan
shall not relieve such Owner from his obligation to complete construction of
a Reddence upon the Lot w~hl. the time period spec/fled herein. For the
purposes of tl~i~ subparagraph (h), construction of a Residence will be deemed
'completed" when the exterior of the Res/dence (including but not llr~i~ed to
the foundation, w=ils, roof, window~, enlry door~, gathers, downspou~ exterior
Irim, paved driveway, landscaping and yard iii. hr) hal been completed in
conform/v/with the Lot Development pl~.:
(i) MaiIbox~. All m,ilboxes insr~ed upon Lots shall be ,,~iform
and shall be of a typ~, color and m~rmf~cture approved by the Architecttwal
Review Board. Such ma/lboxes shall be installed upon posts approved as to
type, size~and location by the Architectural Review Board.
(j) Septic ~_vsterns. No septic ~-,~k, absorption field or any other
on-site sewage disposal system (other than a lateral main connected to a
sanitary sewerage collection system operated by the City o£ Carmel or a
successor public agency or public utility) shall be installed or m~i,~,~i~d on
(lc) ~. No private or semi-private water supply system
may be located upon any Lot which is not in compliance with regulations or
procedures adopted or e.~!i,bed by the Indiana Stale Board of Health, or
other dy/1 authoriv/hay/hi jurisdiction To the extent that domestic water
service is available from a water line located w/t~i~ 200 feet of the lot line
maintained by a public or private ufiliv/company, each Owner shall connect
to such water line ~o provide water for domestic use on the Lol and shall pay
all connection, ava/lablliv/or other charges lawfilliy establishad with respect
to connections thereto. Notwitb.~t=,,,ti,~i the foreloin$ an Owner may
e.stabllsh~ m=i,,~,~ and use an irrigation water well on his LOt a~ font a~ the
well does not adversely affect the normal pool level of a Lake or Pond.
(I) D. Iig!!t~. In the event storm water drainage/rom any Lot or
LOts flows acro.~ another Lot, provision shall be made by the Owner of such
Lot to permit such drainage to continue, without restriction or reduction,
across the downstream Lot anif into the natural dr~i,~$e ch~=~-[ or course,
although no sped/lc drainage easement for such flow of water is provided on
the Plat. To t~e extenI not m~-*.i~ed by the Dr~i~.ge Board, "Drainage
l:~,m_men~" reserved as dr~ge swales shall be maintained by the Owner o£
the Lot upon which such ea.semems are located tach that wa~er from any
adjacent Lo! shall have adequate dr~im~e along stlch swale. Lo~s wi~hi~ thc
Parcel may be included in a legal dr~i,~ e.slabl~,~ed by thc Dra/na~e Board.
In such even~, each Lo~ in the Parcel will be sub~ec~ ~o assessment by the
Dr=i,~e Beard for thc cosu of ma/menauce o£ the portion of the Dr~n,~e
System and/or the Lakes included in such legal clr~i,~; which assessmen~ will
be a lien a~i,~ the Lot. The eleva~on of a Lol shall nol be chm~¢d so as
to a/fc~ materially the surface elevation or grade of surroundin~ Lou. Each
Owner shall rn~*~,~,~ ~e subsurface drains and files locazed on his Lo~ and
shall be liable for the cost af all repairs thcrcw or replacements thereof.
(m) ~. No mi,~i*barns, storage shed or other
accessory building or structure other than gazebos shall be permitted on any
(n) Pooh. No above ground swlmral,i pool, other than a children's
wacting pool. shall be perm/ned on any Lot.
-- (o~ ~. No basketball goal shall be placed or
m-*,t-i~ed in the from driveway of a Lol or witl~i,~ the right-of-way of a~/
street Unless the Architectural Review Board establlsh~ a policy
es~ll,hi,~ other spec/ficafions, backboards of all basketball goa~s s~a~ be o£
a trm~,~,,cent m~erial tach as fiberglass or Lexan and attached to a black pole
or ~irm%, type o£post. The location of a basketball goal on the Lol is subject
to approval of the Architecrazal Review Board if it would be vis~]ale from a
public righ~-o£-way adjoi,~,~g the Lot.
(a) ~ No recreatio~.a.! vehicle, .motor home, truck
which exceeds ~/ton m weight, trailer, boat or disabled vehicle may be parked
or stored overnight or longer on any Lot in open public view.
. .(b) . ~/lli. F. xceln for such signs as Declarant may in i~s absolute
discreuon display in connection with thc development of Prairie View or the
Parcel and the sale of Lots therein, tach signs as may be located on the
COmm"~i%y Area and such si/ns as re=y, with the consent of Declarang be
displayed by a Designated Bu/lder to adverl/se the property during
consuucfion and sale of R~idences and the.,~=imenanc¢ o£ model hom~s, no
-5-
sign of any k/nd shall be displayed to the public view on an7 L~t except that
one sign of not more than four (4) square feet may be displayed at a~ time
for the purpose of advertising the property for sale or for rent.
(c) ~ No fence, w-)l, hedge or shrub planting h/gher than
eighteen (18) inches shall be permitted between the front prope .rt~ line and
the front building set-hack lhe except where such planting is located on a
Landscape Easement or is part of Residenc~ landscaping and the prime root
thereof is w~t~,/, four (4) feet of the Residence. T~ees shall not be deemed
"shrubs" unless planted in such a ,~.,~,~er aa to comtimte a "hedge". No chain
~-k fence shall be erected upon a Lot. No fence shall be erected or
m~i,~=i~ed on or w/thi~ any Landscape Eaaement except such as m~y be
installed by Declarant and subsequently replaced by the Corpntation in such
m~,~,~er as to preserve the ~¢ormity of such fence. In no ~vent m~y any
fence be erected or maintained on any Lot without the prior.approval of the
Architeaural R~view Board, which may estr~li,h design sr~udards for fences
and further re.su-iaious with respect to fencing, including llmi~atious on (or
proh,_~ition of) the inst=ll~tlon of fences in the rear yard of a Lot and along
the bank of any I=~-e or Pond. Afl fences shall be kept in good repair. No
fence, wall, hedge or shrub planting which obstructs sight lines at elevations
between two (2) and six (6) fe~t above the street shaft be plaid or permitted
to rem,i~ on a~ comer lot within the triangular area formed by the street
property lines and a Line core,coting points 2~ feet fi-om the intersection of
sai'd stre~ lines, or in the case of a street line with.the edge of a driveway
pavement or all~y line. No tree shaft be permitted to remain wit~i~ such
dis~ancas' of such intersections un[ess the foli,~e ]i~ is m~i~=in~.d at
s,~clent height to. preven~ obstruction of such sight lines.
(d) ~ An Owne. r shall not permit the growth of weeds
and volunteer frees and b~,sbes on his LOt, and shall keep his LOt reasonably
clear fi-om such uns/ghfly growth at all ~,~es. If an Owner f,i~ to comply
with thi~ Restriction, the Board of Director~ shall came the weeds to be cut
and the LOt cleared of such growth a~ thc expense of the. Owner thereof and
the Corporation shall have a lien ag-i,~,'~ the cleared Lot for the expeme
thereof.
(e) Nuis~c~. No noxious or offe.~ive activity shall be carried on
upon any LOt nor shall anything be done thereon which may be, or may
become, an -,~,~oyance or nuisance to the neighborhoock Barking dogs shall
constitute a nuisance.
(f) C-arbaee and Refuse Di~osal. No Lot shall be used or
mm/ned as a dumpin~ ground for wash. Rubbish,/arbage or other wasle
shal/be kep~ ha savoury con~.iners out of !~xbU¢ view. Al/eq=/pm~g for
swmge or disposa/of sueh ~-ials shal/be kept cl~ and sanflary.
(g) Lit~i~,.~U~[2.~. No ~i~als, livestock or poulUy of any
kind ,h.ll be raised, bred or kept on any Lot, except that do/s, cats or other
household pets m.y be kept provided that they are not kept,'bred or
mainta/ned for any COmme, l'cl~l pUl'pOSe. The ownel'~ of gtlch permitted pets
shall co~6,~e them to the/r respective Lots tach that they will not be a
m,i~ance. Owners of do~ shall so con~rol or co-t%e them so as to avoid
barking which will ~--oy or disutrb adjoi~i-! Owners.
(h) ~. No trash, leaves, or other materials shall be
burned upon a Lot ff smoke therefrom would blow upon any other Lot and,
then, only in acceptable incinerators and in compH.,~ce with all applicable
legal requirements.
(i) Antennas ~d Receivers. No satellite receiver, down-lh~k or
amenna which is vis~ole from a public way or from any other LoL and no
samllite di,~ ~reater than ei?,hteen (18) inches in diameter shall be pcrmined
on any Lot without the prior wriuen cousem of the Architectural Review
Board. Unle~ consent thereto is ~-antcd by a majority of the Owners, the
Archkecuw~l Review Board shall not ~ive its consem to the inst~llation of any
exterior television antenna if televis/on recepden is awlS-hie from
umter~r~ cable connections servin~ the Lo~, nor shall it ~ive it~ coment to
the/m~-~t,,~on of any other exterior antenna u,~t~s~ all Ownon of Lots within
200 feet of the Lot upon which the proposed ante-~ would .be erected
con-~ent in wrifin~ to the iust~ll~don thereof
· .~) ,~_Li~. No exterior li~ts ~I be erected or
m"'~t'l~'d between the buil~!-~ line and rear lot line so as to shl-e or re/lea
direcdy upon another Loc
(lc) ,w~llli~!~. BlecIric bug killers, 'zappcrs' and other
droller devices shall not be insr~lled aI a location or locations which w/Il
result in the operation thereof becoming a nuisance or annoyance to other
Owners and shall on[}' be operated when outside activities require the use
thereof and not continuously.
(1) ~i~Jlll/~ilillll.~l. No room air conclifionl-i ,,,~it shall be
installed so as to protrude from any structure located on a Lot (including but
not l~mlted to the window of any Residence or garage) if the same would be
visible from a public way, a Cornw~mi~/Area or any other Lot; provided,
however, that this Restriction shall not apply to cenwal air condi~onln~ ~i~.
6. General Community Rules. Each Lot shall be subject to the guidelines, rules,
regnhtlons and procedures adopted by the Architectural Review Board pursaant to
Paragraph 20(a)(iii) of the Declaration of Cove=ants ami Reiialcfions, md each Owner of
a Lot shall at all times comply therewith.
7. ~. The Board o£ Directors may make A.ssessments to cover any
costs incurred in enforcing these cove---~s or in tmd~ amy maintenence or other
activity that is the responm%~ity of the Ova~er of a Lot hereunder but which such Owner has
not und~n as required hereu,~der. Any such Assessme~ shall be assessed only against
those Owners whose failure to comply with the requiremems of these coven~t.s ncce~lated
the action to enforc~ these coven~nt~ or the tmdanal~g of the muln~enence or other
activity.
S. ~ The right to enforc~ each o£ the foregoing Restri~ons by
in~unction, together with the right to cause thc removal by due process of law off stru~azres
erected or muinmi~ed in violation thereof, is reserved to Declarant, the ~orporation, the
Arckitecrm'al Review Board, the Owners of the Lots in the Parcel, their hei~ and aiiign~,
and to the Zoning Authority, their successOrs and asiigas, who are engtled ~o such relief
without being required to show any durn~ge of any kind to Declarang the Corporation, the
Architectural Review Board, any Owner or Owne~ or such Zoning Authority by or through
any such violation or attempted violation. Under no circum.~u~ces shall Declarang the
Corporation or the Architectural Review Board be liable for et.vnuEes of any kind to any
Person for failure to abide by, enforce or carry out any provision or provisiom of this
Supplemell~l l~claratlom There shall be no rights of reversion or forfeiture of litle
resulting from any violations.
9. .~C,Y. CX~/I~. htval/dat/on of any of these covenants and resir/cl/om or any
part thereof by jude,mt or court order shall not affect or render the remainder of said
cove~un~ and resu/ct/ons inval/d or inoperative.
10. Non-I.iabiliw of Decl~ant. De,-t~rant shall have no duties, obligations or
liabilities hereunder except such as are expressly as.~,~ed by De~lu,~ut, and no duty of, or
warranty by, Deelurant shall be implied by or inferred from any term or providon of ~hls
Sul:~lement~ Declaration.
11. .~ll!/~li~ll. This Supplemental De~!-rafion may be emended at any
rime in the manner provided in Paragraph 27 of the Declaration of Covenants and
Restrictions except that no ~rn~vetrne. nt adopted pursuant to Paragraph 27(a) of the
Declaration of Covenun~s and Restrictiolls shall be effective as a~in~t a Mortgagee who
subsequently acquires rifle to a Lot unless approved by at least two-thirds (2/~) of the
Mortgagees who hold first mortgages on the Lots in the Parcel (based on one vote for each
lSrst mortgage owned) or at least tWo-thirdS (2/3) of the 'Owners of the Lots in the Parcel
(excluding Declarant).
Except as the same may be
be ~ ~ ~r~ ~ effe~ ~ Y-~-~ 1, 2~7, at w~ ~ ~ ~ be ~to~y
~d for ~ve p~o& of
~ of ~ ~ ~e ~c~ k h ~eed ~ ~e R~om ~ ~i~nt~ ~ whole or
IN ~ ~OF, rhi~ Supplemental Declaration has been executed as of
the da~ Erst above wrinen.
BDC/CARDINAL ASSOCLA.TH3, LP.
Tom c~.rle~ Husmn
A~ismnZ General Manager
STATE OF INDIANA )
) SS:
COUNTY OF ItA/V~-TON )
Before me, a Noisy Public in and for said Coumy and State, perso,~.lly appeared
Tom Ch~-les ]~'~on, the .~.~.~i_~.~t General M~,,~-ger of BDC/Car~--! Associates, L.P. aa
Indiana ~{mited parmemMp, who acknowledged execution of the foregoing $upplemenm/
Deel.,-afion of Cow-.-u and Resn'/cfions for and on behalf of sa/d llmhed parmersh/p.
~S my h,,~a amd Notarial S~al thi~ .~' day of February, 1997.
My COmmi~on ~i:~re.s:
Notary Public Resia!ng in J. l.,d...'d(~ Coumy
(prinled ~i~ature
L
This instrument prepkred by Tom Charles Hmton, A~omey a~ Law, 1313 Merchams Bank
Building, 11 South Meridian S~reet, Indianapolis, Indiana 46204.
" EXHIBIT A
"~ LAND DESCRIPTION
,- (Moffitt Farm at Praide View - All Sections )
~ Part of the Northeast Quarter of Section 27 and part of the Northwest and Southwest Quarter of Section
~ 26 ail in Township 18 North, Range 4 East of the Second Principal Meddian in Hamilton County, Indiana
L.~ being described as follows:
CBeginning at the Southeast comer of said Northeast Quarter of Section 27; thence on an assumed
bearing of South 89 degrees 59 minutes 50 seconds West along the south line of said southeast quarter
_ section a distance of 1090.70 feet;, thence North 00 degrees 04 minutes 25 seconds East a distance of
I 2646.77 feet to the north line of said Northeast Quarter;, thence South 89 degrees 56 minutes 39
L.~ seconds East along said north line a distance of 1090.75 feet to the northwest comer of the Northwest
- Quarter of Section 26; thence South 89 degrees 37 minutes 45 seconds East along the north line thereof
[ a distance of 1050.84 feet; thence South 13 degrees 18 minutes 12 seconds West 121.12 feet to a curve
~'~ having a radius of 555.00 feet, the radius point of which bears South 76 degrees 41 minutes 48 seconds
· r- east; thence southerly along said curve an arc distance of 118.76 feet to a point which bears North 88
_degrees 57 minutes 27 seconds West from said radius point; thence South 01 degrees 02 minutes 33
' seconds West 817.43 feet a point on a curve having a radius of 645.00 feet, the radius point of which
- bears North 88 degrees 57 minutes 27 seconds West; thence southerly along said curve an arc'distance
I~ of 522.07 feet to a point which bears South 42 degrees 34 minutes 54 second East from said radius
_point;, thence South 47 degrees 25 minutes 06 seconds West a distance of 627.25 feet to a curve having
a radius of 555.00 feet, the radius point of which.bears South 42 degrees 34 re?utes 54 seconds East;
[~ thence southwesterly along said curve an arc distance of 327.91 feet to a point which bears North 76
_degrees 26 minut_.es 01,.seconds West from said radius point; thence South 13 degrees 33 minutes 59
seconds West a distance of 75..13 feel; to a curve having a radius of 20.00 feet, the radius point of which
:~bears South 76degrees 26 m,nutes 01 seconds East; thence southeestedy along said curve an arc
-distance ol~ 23.16 feet to a point which bears South 37 degrees 13 minutes 19 seconds West from said
I~ -adius point also being a point of reverse curvature of a curve having a radius of 142.00 feet, the radius
"~point of which bears South 37 degrees 13 minutes 19 seconds West;, thence southeasterly along said
i.'-?rve an arc dista.n, ce of 187.74 feet to a point which bears South 67 degrees 01 minute~ 33 seconds
=est from sai.d, radius point also being a Point of reverse curvature of a curve having a radius of 21.00
~eet, the radius point of which bears South 67 degrees 01 minutes 33 seconds East;, thence
~__,:-~outheasterly along said curve an arc distance of 26.96 feet to a point which bears South 39 degrees
5 minutes 08 seconds West from said 'radius point also being a point of compound curvature of a curve
~aving a radius of 375.00 feet, the radius point of which bears North 39 degrees 25 minutes 08 seconds
L~-'a~, thence southeasteryalong said curve an arc distance o)' 70..18 feet to a point which bears South
8 degrees 41 minutes 48 seconds West from said radius point; thence South 28 degrees 41 minutes
~48 seconds West a distance of 50.00 feet to a curve having a radius of 425.00 feet, the radius point of
.~. ,hich bears South 28 degrees 41 minutes 48 seconds East; thence north, westerly along said curve an
rc distance of 79.45 feet to a point which bears South 39 degrees 24 minutes 29 seconds West from
~id radius point also being a point of reverse curvature of a curve having a radius of 21.00 feet, the
ldius point o.f. which bears South 39 degrees 24 minutes 29 seconds West; thence westerly along said
~urve an arc d~stance of 26.99 feet to a point which bears North 34 degrees 14 minutes 30 seconds West
~-3m said radius point also being a point of reverse curvature of a curve having a radius of 142.00 feet,
radius point of which bears North 34 degrees 14 minutes 30 seconds West;, thence southwesterly
~long said curve an arc distance of 24.19 feet to a point which bears South 24 degrees 28 minutes 56
Page 1 of 2
seconds East from said radius point also being a point of reverse curvature of a curve having a radius
of 20.00 feet, the radius point of which bears South 24 degrees 28 minutes 58 seconds East;, thence
~SO. Lrb~w. e. ste_rf~_ along s, ai.d..curve an arc dist~., rice of 23.83 feet to a point which bears South 87 degrees
~ ~_o m. ~n ,.u~. zT. seconas west from sa~d radius point; thence South 02 degrees 44 minutes 38 seconds
~-as~ a aismnce of 92.95 feet to a curve having a radius of 840.00 feet, the radius point of which bears
South 87 degrees 15 minutes 22 seconds West; thence southwestedyalong said curve an arc distance
of 227.32 feet to a point which bears South 07 degrees 25 minutes 54 seconds West fram said radius
point; thence South 17 degrees 08 minutes 54 seconds West a distance of 72.25 feet to a curve havin
a radius of 580.00 feet, the radius point of which bears South 72 decrees 09
thence southweste alon said cu ._~ .
dy g rye an arc die.rice of 84.01 feet to a point which bears No~h 80
degrees 45 minutes 34 seconds West from said radius point; thence South 89 degrees 57 minutes 14.
seconds West a dJ-~t~e of 47.34 feet to the west line of the Southwest Quarter of Section 26; thence
North O0 degrees 02 minutes 46 seconds West along said west line a distance cf 402.88 feet to the
Point of Beginning, containing 109.98 acres, mom or less.
J.'t f Oe..~IDO~OFF. ~
Page 2 of 2
Xnst~ulEn~
970973XTb3
AMENDMENT TO SUPPLEMENTAL DECLARATION
OF COVENANTS AND RESTRICTIONS AND NOTATION ON PLATS
PRAIRIE VIEW
MOFFITT FARM
This Amendment to Supplemental Declaration of Covenants and Restrictions and Notation
on Plats, dated as of the [i.~day of August, 1997, by BDC/CARDINAL ASSOCIATES, L.P., an
Indiana limited, partnership,
WITNESSES THAT:
WHEREAS, the following facts are true:
9709731763
Filed for Recoed in
HP~XLTDN COUNTY~ INDIANR
HRRY L CLRRK
On 08-04-1997 Rt 03~08 pa,
DEC COV RES 16.00
A. Terms used but not defined herein shall have the meaning given such terms ia that
certain Supplemental Declaration of COvenants and Restrictions for Moffitx Farm, in Prairie View,
dated February 5, 1997 and recorded on February 14, 1997 in the Office of thc Recorder of Hamilton
County, Indiana as Instrument No. 9709705550 (the "Supplemental Declaration").
B. This Amendment is made to pursuant to the provisions of Paragraph 27 of the
Declaration of Covenants and Restrictions.
C. A Plat for Section 3A of Moffitt Farm was recorded on February 14, 1997, as
Instrument No., 9705551, in Plat CabInet No. I, Slide No. 759, in the Office of the Recorder of
Hamilton County, Indiana (the "3A Plat").
D. APlat for Section 3B of Moffitt Farm was recorded on July 16, 1997, as ln-nmune.nt
No., 9728754, in Plat Cabinet No. 1, Slide No. 794, in the Office of the Recorder of Hamilton
County, Indiana (the "3B Plat").
E. On July 28, 1997, the Board of Zonlng Appeals of thc City of Carmel granted (i) in
ease V.-45-97, a variance of Section 33.4.05 of the Carmel/Clay Zoning Ordinallce (the "Ordinallce")
to reduce the required minimum aggregate side yard for Lots (as defined in the Supplemental
Declaration) in Moffi~t Farm from twenty (20) feet to fifteen (15) feet, and (ii) in case V-46.97, a
variance of Section 33.4.05 of the Ordinance to reduce the required minJmllm side yard for Lots in
Moffitt Farm from ten (10) feet to seven and one-half (7.5) feet.
F. This Amendment is being made to conform the provisions of the Supplemental
Declaration and each of the above-referenced Plats to the development standards as established by
said variances.
NOW, THEREFORE, the Declarant hereby amends the Supplemental Declaration, the
3A Plat and the 3B Plat as follows:
Paragraph 4(d) of ~ Supplemental Declaration is hereby amended in the following
(i) The phrase "ten (10) feet to any side Lot line" in the sixth line thereof is hereby
deleted and the phrase "seven and one-half (7.5) feet to any side Lot line" is inserted in lieu
thereof.
(ii) The aggregate side yard setback shall be fifteen (15), not twenty (20), feet.
2. The side yard setback lines as depicted on the 3A Plat and the 3B Plat shall be
deemed reduced from ten (10) feet to any side Lot line to seven and one-half (7.5) feet to any side
Lot line.
3. Except as amended hereby, the Supplememal Declaration, the 3A Plat and the 3B Plat
shall remain in full force and effect without amendment.
IN WITNESS WHEREOF, this Supplemental Declaration of Covenants and Restrictions
and Notation on Plats has been executed as f the date first above written.
BDC/CARDINAL ASSOCIATE~.
Assistant C-cncral Man~cr
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared Tom
Charles Huston, the Assistant C_~'neral M~nsooer of BDC/Cardinal Associates, L.P., an Indiana
limited partnership, who acknowledged execution of the foregoing Amendment to Supplemental
Declaration of Covenants and Restrictions and Notation on Plats for and on behalf of said limited
partnership.
WITNESS my hand and Notarial Seal this lstday of August, 1997.
NoUc~y Public Residing in~,~,-~
County
My Commission Expir~:
l~y 24. lqgq
~_rie ~. Erick
(primed signature)
This instrument prepared by David R. Warshauar, Attorney at Law, 12722 HamiltOn Crossing
Boulevard, Carmel, IndiAns 46032.
SUPPLEMI~rAL DECLARATION OF
COVENANTS AND RESTI~CTIONS
I'RA]P/E VIEW
~.~ea
I"IflMILTON COUNTYs INDIflNfl
BROOKS LANDING On 05-aa-1997
DEC C0V RES 3~. 00
Ti~ Supplemmml Dederati~ ds~d as of tim 22mi d~y of May, 1997, by BDCJCARDINAL
ASSOCIATES, L/% an ~ ~ parmership,
WITNESSES THAT:
the following f~ts are tree:
A. Declarant is the owner of the Fee simple title to the real estate l. ocat~ in Hamilton
County, Indiana, more panioulntiy descn'bed in Exhibit A attaohed hereto and incorporated herein
B. This Declaration is a Supplemental Declaration as that term is defined in the
Declarntion of Covenants and Restrictions.
C. Declarant intends to subdivide the Parcel into Lots upon each of which a Residence
may be ~onstmcted.
NOW, THEKEFORE, Declarant hereby makes this Supplemental Declaration as follows:
1. ~. Words, phrases and terms that are defined in the Declaration of
Covenants and Restrictions have the same meaning in this Supplemental Declaration except as herein
otherwise provided. The following words, phrases and terms, as used in this Supplemental
Declaration, unless the context clearly requires otherwise, mean the following:
"Brooks Landin,," means the name by which the Parcel shall be known.
'Declaration of Covenants and Restrictions" means the Declaralion of
Covenants and Restrictions of Prairie View dated as of February 5, 1997 and
recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument
Number 9709705549, as emended from time to time.
'Lot" means a numerically designated subdivided parcel of land depicted on
a Plat.
'Owner' means any Person, including Declarant, who at any time owns the
fee simple title to a Lot.
~arcel" means that pan of the real estate descn'bed in Exhibit A which is at
any ~ subject to the covemnts, restrictions, easements, charges and liens imposed
by the Declaration of Covenants and Remi~tions.
'Plat' means the secondary plat of a Section within the Parcel.
'Section" means that part of the Parcel which is depicted on a Plat.
'T~ct' means the real estate, including all or any pan of the Parcel, that is
subject to the covenants, restrictions, easeme~% charges and liens imposed by the
Declaration of Covenants and Restrictions.
2. Declarat/on. Declarant hereby deciar~ that, in addition to the covenants, restrictions,
~asements, char/~ and Iiens imposed by the Dedarat/on of Covenants and Restrictions, the Parcel
shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens hereinafter set forth.
3. Lnnd U~. Lots may be used only for residential purposes as provided in the
Declaration of Covenants and Restrictions. No portion of any Lot may be sold or subdivided such
that there will bo thereby a greater numbar of honses/n a Se~on than tho number of ori~nsl Lots
shOwn on a Plat of such Section.
4. Constm~on of Re!idencas.
(a) ~. Except to the extent such requirement is
waived by Declarant, prior to oommancement of any constmotion on a'Lot, a Lot
Development Plan shall be submitted to the Architectural Review Board in
accordance with the requirements o£Paragraph 18 o£the Declaration of Covenants
and Restrictions. Each Owner shall comply with the terms and provisions of
Parasraph 18 of the D~. _Jsr~ion of Covenants apxl Remictions and the requirements
of the Architectural Review Board established pursuant to the authority granted by
the Declaration of Covenants and R~h~,'tions.
Co) Size of Resident. Except as otherwise provided herein, no Residence
may be constructed on any LOt unless such Residence, exclusive of open porches,
attached garages and basements, shall have a ground floor area of 3,000 square feet
if a one-story structure, or 1,800 square feet ifa higher structure, but in the case of
a building higher than one story, the total floor area shall not be less than 3,000 square
feet.
(c) Temoorary ~;~mcture~ 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.
(d) Building Location and Finished Floor Elevation. No building may be
erected between the building line shown on a Plat and the front Lot line, and no
structure or part thereof(exclusive of open areas or terraces, unenclosed porches not
more than one story high, fireplace chimney and erchitectural features that project no
more than two (2) feet) may be built or erected nearer than ten (10) feet to any side
Lot line or nearer than twenty (20) feet to any tear Lot line; provided, however, if the
Zoning Authority requires a greater side yard setback, then such greater requirement
shall prevail. The aggregate side yard setback shall be not less than twenty (20) feet.
A minimum finished floor elevation, shown on the development plan for each Section,
has been established for each Lot and no finished floor elevation with the exception
of flood protected basements shall be constructed lower tha~ said minimum without
the written consent of the Architectural Review Board. Demonstration of adequate
storm water drainage in conformity with both on-Lot and overall project drainage
plans shall be a prime requisite for altenuuive finished floor elevations.
(e) Driveways. All driveways shall be paved with either concrete or
asphalt and maintained dust free.
(f) Yard Linhts. If street lights are not installed in the Parcel, then each
Owner or his builder shall instnil and maintain in operable condition either (i) a pole
light on the LOt at a location, having a height and of a type, style and manufacture
approved by the Architectural Review Board prior to the installation thereof or (ii)
two (2) caniage lights on the front of the Residence of a type, style and manufacture
approved by the Architectural Review Board prior to the instaliation thereof. Each
such light fixture sh~ also have a bulb of a wattage approved by Architectural
Review Board to insure uniform illumination on each LOt and shah be equipped with
a photo electric cell or similar device to insure automatic illumination from dusk to
dawn each day.
(g) Stora~_ e Tacks. Any gas or oil storage tanks used in connection with
a Lot shall be either buried or located in a Residence such that they are completely
concealed from public view.
(h) Construction and Landscanin~:. All construction upon, landscaping of
and other improvement to a Lot shall be completed stri~ly in accordance with the Lot
Development Plan approved by the Architectural Review Board. AH lendscaping
spedfled on the landscaping plan approved by the Architectural Review Board shall
be installed on the Lot strictly in accordance with such approved plan within thirty
(30) days following substantial completion of the Residence if such completion occurs
-3-
between Apn~ I and October 15; otherwise prior to May 1. Unless a delay is cansed
by sm3ces, war, court injunction or acts of God, construction of a Residence on a Lot
shall be completed within one (1) year after the date of commencement of the building
process
The failure of the Owner ora Lot to apply for approval ot~ or receive approval
fi.om, the Architectural Review Board ora Lot Development Plan shall not relieve
such Owner from his obligation to complete construction of a Residence upon the Lot
within the time period specified herein. For the purposes of this subp~ph (h),
construction ora Residence will be deemed 'completed" when the exterior of the
Residence (including but not limited to the foundation, walls, roof, windows, enUy
doors, gutters, downspouts, exterior tim, paved driveway, landscaping and yard
light) has been completed in conformity with the Lot Development Plan.
(i) Mailboxes. All mailboxes installed upon Lots shall be uniform and
shall be of a type, color and manufacture approved by the Architectural Review
Board. Such mailboxes shall be installed upon posts approved as to type, size and
lo~tion by the Architectural Review Board.
0) Seetic Systems. No septic tank, absorption field or any other on-site
sewage disposal system (other than a lateral main conneeted to a sanitary sewerage
collection system operated by the City of Carmel or a successor public agency or
public utility) shall be installed or maintained on any LOt.
(lc) Water Systems. No private or semi-private water supply system may
be located upon any LOt which is not in compliance with regulations or procedures
adopted or established by the Indiana State Board of Health, or other civil authority
having jurisdiction. To the extent that d6rnestic water service is available from a water
line located within 200 feet of the lot line maintained by a public or private utility
company, each Owner shali conneet to such water line to provide water for domestic
use on the LOt and shall pay ail connection, availability or other char~es lawfully
established with respect to connections thereto. Notwithstanding the foregoin& an
Owner may establish, maintain and use an irrigation water well on his Lot as long as
the well does not adversely affect the normal pool level of a Lake or Pond.
(1) Draina~. In the event storm water drainage from any LOt or Lots
flows across another Lot, provision shall be made by the Owner of such Lot to permit
such drainage to continue, without restriction or reduction, across the downsh-eam
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
~ 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 the Parcel may be included in a legal drain established by the Drainage Board.
In such event, each Lot in the Pnrcei will be subject to assessment by the Drainage
Board for the costs ofnmintanance of the portion of the Drainage System and/or the
Lakes !nduded 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 affect materially the surface
elevation or grade of surrounding Lots. Each Owner shall maintain the subsurface
drains and tiles located on his Lot nmi shall be liable for the cost of all repairs thereto
or replacements thereofl
(m) ~ No mini-barns, storage shed or other accessory
buildin~ or structure other than lptzebos shall be permitted on any Lot.
(n) Pools. No above ground swimming pool, other than a children's
wading pool, shall be permitted on any Lot.
(o) Basi~tb~ ~s. No basketball goal shall be placed or maintained in
the front driveway of a Lot or within the right-of-way of any street. Unless the
Architectural Review Board establishes a policy establishing other specifications,
bacld0oards of all basketball goals shall be of a translucent material such as fiberglass
or Lexan and attached to a black pole or similar type of post. The location of a
basketball goal on the Lot is subject to approval of the Archi~eetural Review Board
if it would be visible fi.om a public right-of-way adjoining the Lot.
5. Maintenance of Lots.
(a) Vehicle Parking. No recreational vehicle, motor home, track which
exceeds ~A ton in weight, trailer, boat or disabled vehicle may be parked or stored
overnight or longer on any Lot in open public view.
(b) Sirras. Except for such signs as Declarant may in its absolute
~on display in conneetion with the development of Prairie View orthe Parcel
and the sale of Lots therein, such signs as may be located on the Community Area and
such signs as may, with the consent of Declarant, bo disphyed by a Designated
Builder to advertise the property during construction and sale of Residenees and the
maintenance of model homes, no sign of any kind shall be displayed to the public view
on any Lot except that one sign of not more than four (4) square feet may be
displayed at any time for the purpose of edvertising the property for sale or for rent.
(c) Fencing. No fence, wall, hedge or shrub planting higher than eighteen
(18) inches shah be permitted between the front property line and the fi.om building
set-back line except where such planting is located on a Landscape Easement or is
part of Residenee landscaping and the prime root thereof is within four (4) feet of the
Residence. Trees shall not be deemed "shrubs" unless planted in such a manner as to
-5-
constitute a "hedge". No chain link fence shall be erected upon a Lot. No fence shah
be erected or maintained on or within any Landscape Easement except such as may
be installed by Declarant and subsequently replaced by the Corporation in such
manner as to preserve the uniformity of such fence. In no event may any fence be
erected or maintained on any Lot without the prior approval of the Architectural
Review Board, which may establish design standards for fences and further
restrictions with respect to fencing, including limitations on (or prohibition of) the
installation offences in the rear yard ora Lot and along the bank of any Lake or Pond.
All fences shall be kept in l~ood repair. No fence, wall, hedge or shrub planting 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 comer lot within the triangular area
formed by the street property lines and a linc conneetinl~ points 25 feet from the
intersection of said street lines, or in the case of a street line with the edge of a
driveway pavement or alley line. No tree shall be permitted to remain within such
distances of such intersections unless the foliage line is maintained at sufficient height
to prevent obstruction of such sight lines.
(d) Vegetation. An Owner shah not permit the growth of weeds and
volunteer trees and bushes on his Lot, and shah keep his Lot reasonably clear from
such unsightly growth at all times. If an Owner fails to comply with this Restriction,
the Board of Directors shall cause the weeds to be cut and the Lot cleared of such
growth at the expense of the Owner thereof and the Corporation shall have a lien
a~inst the cleared Lot for the expense thereof.
(e) Nuisances. No noxiOus or offensive activity shah 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. Barking dogs .s~all constitute a nuisance.
(f) Garbane and Rede Disposal. No Lot shall be used or maintained as
a dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary
cointniaers out of public view. All equipment for storage or disposal of such materials
shah be kept clean and sanitaD'.
(~) I~. 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 are 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 shah so control
or confine them so as to avoid barking which will annoy or disturb adjoining Owners.
(It) ~. No trash, leaves, or other materials shall be burned
upon a Lot if smoke therefrom would blow upon any other Lot and, then, only in
acceptable incinerators and in compliance with all applicable legal requirements.
(i) 'v . No satellite receiver, down-link or antenna
which is visible from a public way or from any other Lot, and no satellite dish greater
than eighteen (18) inches in diameter shall be permitted on any Lot without the prior
~ consent of the Architec0.mil Rt~izw Board. Unless consent thereto is granted
by a majority oftbe Owne~ the ~ Review Board shall not give its consent
to the installation of any es~rior television antenna if television reception is available
fi.om underground cable connections serving the Lot, nor shall it give its consent to
the installation of any other e~terior antenna unless all Owners Of Lots within 200 feet
of the Lot upon which the proposed antenna would be erected consent in writing to
the installation thereof.
(j) ~C~[~d~f.~Jg~. 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.
(lc) Electric Bue Killers. Electric bug killers, "zappers" and other similar
devices shall not be installed at a location or locations which will result in the
operation thereof becoming a nuisance or annoyance to other Owners and shall only
be operated when outside activities require the use thereof and not continuously.
(1) Air Conditioners. No mom air conditioning unit shall be installed so
as to protrude from any structure located on a Lot (including but not limited to the
window of any Residen~ or garage) if the same would be visible from a public way,
a Community Area or any other Lot; provided, however, that this Restriction shall not
apply to central air conditioning units.
6. General CommunlF R01,s. Each Lot shall be subject to the guidelines, roles,
regulations and procedures adopted by the Architectural Review Board pursuant to Paragraph
20(a)('&') of the Declaration of Covenants and Restrictions, and each Owner ora Lot shall at all times
comply therewith.
7. Assessments. The Board of Directors may make Assessments to cover any costs
inc~,~l in enforcing these covenants or in undertaking any maintenance or other activity that is the
responsibility oftbe Owner Of a Lot hereunder but which such Owner has not undertaken as required
hereunder. Any such Assessment shah be assessed only against those Owners whose failure to
comply with the requirements of these covenants ne, c~'~sltated the action to enforce these covenants
or the undertaking of the maintenance or other activity.
8. Enforcement. The right to enforce each of the foregoing Restrictions by injunction,
together with the right to cause the removal by due process of law of structures erected or maintained
in violation thereof~ is r~rved to Declarant, the Corporation, the Architectural Review Board, the
Owners of the Lots in the Parcel, their heirs and assigns, and to the Zoning Authority, their
successors and assigns, who are entitled to such relief without being required to show any damage
-7-
of any kind to Declarant, the Corporation, the Architectural Review Board, any Owner or Owners,
or such Zoning Authority by or through any such violation or attempted violation. Under no
circumstances shall Declarant, the Corporation or the Architectural Review Board be liable for
damages of any kind to any Person for failure to abide by, enforce or carry out any provision or
provisions of this Supplemental Declaration. The~ shall be no rights of reversion or forfeiture of title
~ from any violation~
9. Severab~_. Invalidation of any of these covenants and resuictions or any pan thereof
by judgment or court order shall not affect or render the remainder of said covenants and restrictions
invalid or inoperative.
10. Non-Liability of Declaranl. Declarant shall have no duties, obligations or liabilities
hereunder except such as are expressly assumed by Declarant, and no duty of; or warranty by,
Declarant shall be implied by or inferred fi.om any term or provision of this Supplemental Declaration.
I 1. General Provisign~. This Supplemental Declaration may be amended at any time in
the manner provided in Paragraph 27 of the Declaration of Covenants and Restrictions except that
no amendment adopted pursuant to Paragraph 27(a) of~he Declaration of Covenants and Restrictions
shall be effective as against a Mortgagee who subsequently acquires title to a Lot unless approved
by at least two-thirds (2/3) of the Mortgagees who hold first mortgages on the Lots in the Parcel
(based on one vote for each first mortgage owned) or at least two-thirds (2/3) of the Owners of the
Lots in the Parcel (excluding Declarant).
.Except as the same may be amended from time to time,ithe foregoing restrictions will be in
full force and effect until January 1, 2027, at which time they will be automatically extended for
successive periods often (10) years, unless by a vote of the majority of the then Owners of Lot~ in
the Parcel it is agreed that these Restrictions shall terminate in whole or in pan.
lN WITNESS ~OF, this Supplemental Declaration has been executed as of the date
first above written.
BDC/CARDINAL ASSOCIATES, L.P.
~Manager
By '
~TATE OF INDIANA )
) SS:
COL~TY OF ~TON )
Befixe me, aNotmy Public in and f~r said County and State, personally.appeared George P.
Swe~, the General Manager of BDC/~ Associates, L.P., an Indiana limited parmership, who
acimowied~ed execution of the foregoing Supplemental Declaration of Covenants and Resuictions
for and on behalf of said limited partnership.
WITNESS my hand and Notarial Seal this 22nd day of May, 1997.
Notary Public Residing in ~n~ickfx~ty
My Commission Expires:
May 24t 1999
(printed signature
This instrument prepared by Tom Charles Huston, Attorney at Law, 1313 Merchants Bank Buiidin~
11 South Meridian Street, Indianapolis, Indiana 46204.
-9-
LAND DESCRIPTION
BROOKS LANDING SECTION 1
AT PRAIRIE VIEW
Part of the Northwest and Southwest Quarter of Section 26 all in Township 18 North, Range 4 East in the
Second Principal Meridian in Hamilton County, Indiana being described as follows:
Commencing at the Southeast comer of the Northeast Quarter of Section 27; thence on an assumed bearing
of South 89 degrees 59 minutes 50 seconds West along the south line of said northeast quarter section a
distance of 1090.70 feet; thence North 00 degrees 04 minutes 25 seconds East 2646.77 feet to the north line
of said northeast quarter; thence South 89 degrees 56 minutes 29 seconds East along said north line 1090.75
feet to the northeast comer of the northwest quarter of Section 26; thence South g9 degrees 37 minutes 45
seconds East along the north line of said northwest quarter section a distance of 1050.84 feet to the Point of
Beginning; thence continuing South 89 degrees 37 minutes 45 seconds East along said north line 195.g5 feet
to the west low water line of White River; thence meandering said west low water line the following eight
courses, South 20 degrees 35 minutes 24 seconds West 345.78 feet; thence South 05 degrees 19 minutes 26
seconds West 275.94 feet; thence South 01 degrees 25 minutes 22 seconds East 17g.11 feet; thence South
06 degrees 56 minutes 58 seconds East 147.86 feet; thence South 12 degrees 05 minutes 51 seconds East
234.71 feet; thence South 24 degrees 33 minutes 22 seconds East 212.18 feet; thence South 50 degrees 45
minutes 00 seconds East 375.00 feet; thence South 71 degrees 45 minutes 00 seconds East 570.00 feet;
thence South 36 degrees 35 minutes 17 seconds West 74.60 feet; thence North 72 degrees 05 minutes 51
seconds West 31.67 feet; thence South 36 degrees 35 minutes 17 seconds West 90.00 feet; thence South 72
degrees 05 minutes 51 seconds East 31.67 feet; South 36 degrees 35 minutes l 7 seconds West $72.10 feet;
thence South 00 degrees 11 minutes 20 seconds West 24.01 feet; thence South 89 degrees 48 minutes 40
seconds East, parallel with the north line of the southwest quarter of section 26, 24.76 feet; thence South 00
degrees 11 minutes 20 seconds West 24.50 feet to said north line of the southwest quarter; thence South 89
degrees 48 minutes 40 seconds _East along said north line 138.06 feet to the northeast comer of said
southwest quarter section; thence South 00 degrees 00 minutes 18 seconds East along the east line thereof a
distance of 113.59 feet; thence South 41 degrees 54 minutes 07 seconds West 220.10 feet; thence North 77
degrees 59'minutes 02 seconds West 243.70 feet; thence North 11 degrees 44 minutes 44 seconds West
117.90 feet to a curve having a radius of 425.00 feet, the radius point of which bears North 11 degrees 40
minutes 32 seconds West; thence westerly along said curve an arc distance of 222.34 feet to a point which
bears South 18 degrees 17 minutes 54 seconds West from said radius point; thence North 71 degrees 42
minutes 06 seconds West 260.52 feet to a curve having a radius of 378.00 feet, the radius point of which
bears South 18 degrees 17 minutes 54 seconds West; thence westerly along said curve an arc distance of
23.18 feet to a point which bears North 14 degrees 45 minutes 25 seconds East from said radius point; thence
North 89 degrees 40 minutes 43 seconds West a distance of 94.27 feet; thence North 0Odcgrees 19 minutes
18 seconds East a distance of 11.84 feet; thence North 89 degrees 38 minutes 18 seconds West 351.38 feet;
thence South 89 degrees 57 minutes 14 seconds West 50.00 feet to a curve having a radius of 225.00 feet,
point of which bears North 89 degrees 57 minutes 14 seconds East; thence northerly along said
the
radius
curve an arc distance of 31.14 feet to a point which bears North 82 degrees 07 minutes 00 seconds West from
said radius point to a point of compound curvature of a curve having a radius of 20.00 feet, thc radius point
· ,of which bears North 82 degrees 07 minutes 00 seconds West; thence northwesterly along said curve an arc
distance of 24.15 feet to a point which bears North 28 degrees 41 minutes 48 seconds East from said radius
point; thence North 28 degrees ,41 minutes 48 seconds East 50.00 feet to a curve having a radius of 375.00
EXHIBITA -Page i of 3
feet, the radius point of which bears 'North 28 degrees 41 minutes 48 seconds East; thence southeasterly
along said curve an are distance of 185.45 feet to a point which bears South 00 degrees 21 minutes 42
seconds West from said radius point; thence South 89 degrees 38 m'mutes 18 seconds East a distance of
123.24 feet to a curve having a radius of 20.00 feet, the radius point of which bears North 00 degrees 21
minutes 42 seconds East; thence northeasterly along said curve an arc distance of 31.48 feet to a point which
bears South 89 degrees 48 minutes 40 seconds East from said radius point; thence North 00 degrees 11
minutes 20 seconds East 15.98 feet; thence South 89 degrees 48 minutes 40 seconds East 200.07 feet;
thence North O0 degrees I l minutes 20 seconds East 115.70 feet; thence North l0 degrees 31 minutes 30
seconds East 75.54 feet; thence North 17 degrees 35 minutes 42 seconds East 94.27 feet; thence North 21
degrees 14 minutes 42 seconds East 94.72 feet; thence North 34 degrees 59 minutes 45 seconds East 90.46
feet; thence North 37 degrees 15 minutes 27 seconds East 202.52 feet; thence North 22 degrees 23 minutes
00 seconds West 103.25 feet to a curve having a radius of 325.00 feet, the radius point of which bears South
l0 degrees 03 minutes 36 seconds East; thence northeasterly along said curve an arc distance of 12.85 feet to
a point which bears North 07 degrees 47 minutes 41 seconds West fxom said radius point; thence Notch 07
degrees 47 minutes 41 seconds West 215.74 feet; thence North 46 degrees I 1 minutes 09 seconds West
222.51 feet to a curve having a radius of 645.00 feet, the radius point of which bears North 46 degrees 11
minutes 09 secon~ West; thence northeasterly along said curve an arc distance of 481.50 feet to a point
which bears South 88 degrees 57 minutes 27 seconds East from said radius point; thence Nor'th 01 degrees 02
minutes 33 seconds East a distance of 817.43 feet to a curve having a radius of 555.00 feet, the radius point
of which bears South 88 degrees 57 minutes 27 seconds East; thence northeasterly along said curve an arc
distance of 118.76 feet to a point which bears North 76 degrees 41 minutes 48 seconds West from said radius
point; thence North 13 degrees 18 minutes 12 seconds East 121.12 feet to the Point of Beginning, containing
32.930 acres, more or less.
EXHIBIT A- Page 2 of 3
LAND DESCRIPTION
BROOKS LANDING SECTION 2
AT PRAIRIE VIEW
Part of the Northwest Quarter of Section 26 ail in Township 18 North, Range 4 East in the Second Principai
Meridian in Hamilton County, Indiana being described as follows:
Commencing at the Northwest comer of the Northwe~ Quarter of Section 26; thence South 89 degrees 37 minutes
~ 45 seconds East aiong the north line of said northwest quarter section a distance of 1050.84 feet; thence South 13
_ degrees 18 rainutes 12 seconds West a distanee of 121.12 feet to a curve having a radius of 555.00 feet, the radius
point of which bears South 76 degrees 41 minutes 4g seconds East; thence southerly aiong said curve an arc
~! distance of 118.76 feet to a point which bears North gg degrees 57 minutes 27 seconds West from said radius
- point; thence South Ol degrees 02 minutes 33 seconds East a distance of817.43 feet to a curve having a radius of
~ 645.00 feet, the radius point of which bears North gg degrees 57 minutes 27 seconds West; thence southerly aiong
~.~',. said curve an arc distance of 440.93 feet to the Point of Begianing, said point bearing South 46 degrees I 1 minutes
- 09 seconds East from said radius point; thence South 46 degrees I 1 minutes 09 seconds East a disUmce of 222.51
[ feet; thence South 07 degrees 47 minutes 41 seconds East a distance of 215.74 feet to a curve having a radius of
L:: 325.00 feet, the radius point of which bears South 07 degrees 47 minutes 41 seconds East; thence westerly aiong
said curve an arc distance of 12.g5 feet to a point which bears North 10 degrees 03 minutes 36 seconds West from
~!:, said radius point; thence South 22 degrees 23 minutes 00 seconds East a distance of 103.25 feet; thence South 37
_ degrees 15 minutes 27 seconds West a distance of 202.52 feet; thence South 34 degrees 59 minutes 45 seconds
f West a distance of 90.46 feet; thence South 21 degrees 14 minutes 42 seconds West a distance of 94.72 feet;
'-. thence South 17 degrees 35 minutes 42 seconds West a distance of 94.27 feet; thence South 10 degrees 31 minutes
-- 30 seconds West a distance of 75.54 feet; thence South 00 degrees 11 minutes 20 seconds West a distance of
L 115.70 feet; thence North 89 degrees 48 minutes 40 seconds West, parallel with the notch line of the southwest
:~ quarter of section 26, a distance of 200.07 feet; thence South 00 degrees 11 minutes 20 seconds Wes~ a distance of
- 15.98 feet to a curve having a radius of 20.00 feet, the radius point of which bears North 89 degrees 48 minutes 40
seconds West; thence southwesterly along said curve an arc distance of 31.4g feet to a point which bears South 00
degrees 21 .minutes 42 seconds West from said radius point; thence North 89 degrees 38 minutes lg seconds West
- a distance of 123.24 feet to a curve having a radius of 375.00 feet, the radius point of which bears North 00
{.:5degrees 21 minutes 42 seconds East; thence westerly aiong said distance of 255.63 feet to
curve
al-c
a
point
which bears South 39 degrees 25 minutes 08 seconds West from said radius point to a point of compound
curvature ora curve having a radius of 21.00 feet, the radius point of which bears North 39 degrees 25 minutes 08
seconds East; thence northerly aiong said curve an arc distance of 26.96 feet to a point which bears North 67
_ degrees 01 minutes 33 seconds West from said radius point to a point of reversed curvature of a curve having a
radius of 142.00 feet, the radius point of which bears North 67 degrees 01 minutes 33 seconds West; thence
northerly aiong said curve an arc distance of 187.74 feet to a point which bears North 37 degrees 13 minutes 19
- seconds East from said radius point to a point of reversed curvature of a curve having a radius of 20.00 feet, the
radius point of which bears North 37 degrees 13 minutes 19 seconds East; thence northerly along said curve an arc
distance of 23.16 feet to a point which bears North 76 degrees 26 minutes 01 seconds West from said radius point;
- thence North 13 degrees 33 minutes 59 seconds East a distance of 75.13 feet to a curve having a radius of 555.00
L~ feet, the radius of which bears South 76 26 minutes 01 seconds thence said
point
degrees
East;
northeasterly
along
· ~ curve an arc distance of 327.91 feet to a point which bears North 42 degrees 34 minutes 54 seconds West from
L said radius point; thence North 47 degrees 25 minutes 06 seconds East a distance of 627.25 feet to a curve having a
· ~adius of 645.00 feet, the radius point of which bears North 42 degrees 34 minutes 54 seconds West; thence
northeasterly along said curve an arc distance of 40.57 feet to the Point of Beginning, said point bearing South 46
degrees 11 minutes 09 seconds East from said radius point, containing 13.542 acres, more or less.
EXHIBIT A- Page 3 of 3
PRAmm VIEW
CHAPMAN~ CLAIM, MOFFITr FARM, AND BROOI~ LANDING
RF~t~TER OF REGUI~TIONS
Thank you for selecting a lot in PRAmmVIEw as your building site. In an effort to make the building process
easier, this document summarizes important /nformation from the Declaration of Covenants and
Restrictions. You should refer to the Declaration for a complete description of the regulations summarized
here for your conven/ence.
Bl~m .D1NG PLAN APPROVAL:
An Architectural Review Board is established in the Declaration to review lot development plans for each
home conslxucted in a Prairie View neighborhood. Before a building permit can be obtained, each builder
must submit at least two (2) complete sets of floorplaus, including the foundation plan, all four (4)
elevations, and a plot plan comple~l and ~,mped by a ~ Profmsle~l F~ne~. FA.XED COPIES OF
PLOT PLANS ARE NOT ACCEPTABLE. Building plann will be considered incomplete if not
accompanied by a plot plan, and final approval will be withheld. Please see the attached plot plan checklist
for a complete list of items that your engineer must include. We are happy to mail or fax a copy of this
checklist to your engineer upon request.
Plans should be delivered to Brenwick at 12722 Hamilton Crossing Boulevard, Carmel, Indiana 46032.
Please allow three to five (3-5) days for approval. Please read the conditions for approval written on your
plans; you will be held responsible for making any requested changes.
PR~.~VlINARY APPROVALS:
If you have preliminary house plans and would appreciate knowing whether they would be approved for
Prairie View, please send us a set of the plans and the Architectural Review Board will review them. The
Architectural Review process is designed to protect your neighborhood and has been established for your
benefit as well as that of your neighbors.
EXTERIOR COLORS AND MATERIALS:
Exterior colors and materials must be approved before masonry work, painting and/or roofing begin.
Chimneys must be finished with masonry or synthetic stucco. Natural materials are encouraged; aluminum
siding, vinyl and masonite are not p~tmitted. T 1-11 is prohibited. The Architectural Review Board will
pay particular attention to design balance, symmetry, and detailing.
- PAGE 1
BUll .131NO STANDARDS:
Per zoning standards and/or the Declaration, winimum standards are as follows:
CHAPMAN'S CLAIM MOFFITT FARM BROOKS LANDING
Minimum lot width
at building line: 80 f~et 90 feet 100 feet
Minimum front yard: As per plat As per plet As per plat
Minimum side yard: 7.5 feet 7.5 feet 10 feet
Side yard aggregete: 15 feet 15 feet 20 feet
Minimum rear yard: 20 feet 20 feet 20 feet
Minimum size of one story
residence in finished
square feet:
Minimum size of a two story
residence in finished
square feet:
main floor minimum:
Driveway width at property line:
LOTS BORDERING RIVER
ROAD NORTH OF 131ST
AND LOTS BORDERING
131 ST STREET
Front-load garages:
Side elevations:
2{)4)0 sq. t~ 24{3{) sq. ff. 3000 sq. ff.
2000 sq. ff. 2400 sq. ff. 3000 SCl. ft.
1200 sq. ft. 1500 sq. ff. 1800 sq. ff.
20' maximum 20' maximum 20' maximum
12' minimum 12' minimum 12' minimum
10 feet behind
front of home
Must wrap to match
the front facade
10 feet behind
front of home
Must wrap to match
the front facade
10 feet behind
front of home
Must wrap to match
the front facade
Sidewalks must be installed by the bu/lder/n compliance with current City of Carmel standards within thirty
(30) days of substantial completion of the home, or within one (1) year of lot purchase, whichever occurs
first.
PAGE 2
LANDSCAPING PLANS:
A landscaping plan must be submitted for every lot in Prairie View. Each landscaping plan will be reviewed
by landscape design consultants who will recommend to the Architectural Review Board whether such plan
should be approved, approved subject to conditions, or disapproved. Plans are to be submitted within sixty
(60) days after the start of the foundation. The Declaration requires that landscaping be installed within
thirty (30) days following substantial completion of the residence. Minimum standards apply only to
installation in thc front yard, and side yard ffvisible f~m the street. The currant l!ain!mum plant expenditure
amount (not including installation, labor, mulch, seeding or sodding of the lawn) is $3000.00 for Chapman's
Claim, $3500.00 for Moffitt Farm and $6000.00 for Brooks Landing.
Ten (10) days are required to review landscaping plans. Sizes and names of all plant material must be
specified. Please make sure landscaping plans are approved before any landscaping materials are installed.
The Declaration provides for enforcement of these regulations.
Landscaping plans rmm include shade trees and flowering trees. One (1) shade ~ and two (2) flowering
trees fiom the following lists must be selected and placed on thc property so that they are visible from thc
street:
SHADE TREES
Red Maple (and varieties)
Norway Maple (and varieties)
Red Oak
Marshall Seedless Ash
Summit Ash (and varieties)
Linden
FLOWERING TREES
.Cmbapple (and varieties)
Hawthorne (and varieties)
Pear (and varieties)
Redbud
Dogwood (and varieties)
Magnolia
Trees must be at least a two (2) itoh caliper.
Brenwick has planted street trees throughout Prairie View which shall be maintained by the Prairie View
Homeowners Association. As per the Contract for Purchase of Land, all builders and Owners are
responsible for the street trees ~onting the Owner's lot, and are liable for any damage done to those
particular trees during construction. Owners and builders are required to install tree protection barriers. A
document exemplifying such must be submitted to Brcnwick with architectural plans. Approval by the
Architectural Review Board is conditional upon proper protection of the trees, ff a tree is damaged during
construct/on, the Owner is responsible for its replacement. If the Owner falls to promptly install the
· approved replacement for a damaged tree, Brenwick will install a replacement tree at the Owner's expense.
DRIVEWAYS:
All driveways must conform to City of Carmel permit regulations. Recreational vehicles, boats, mobile
homes and inoperable vehicles are not permitted to be parked or stor~l on any lot or driveway in open public
view. Driveway requirements include the following:
PAGE3
Prior to development or improvement of the lot, a builder or Owner shall be required to excavate and
install a temporm3t stone driveway on the lot. Such driveway shall consist of all #53 stone or a
combination of fabric, #2 stone and #53 stone..The purpose of the temporary entrance is to prevent
the tracking of mud and debris onto the subdivision s~ets.
Upon completion of consu'uction, the temporary stone driveway shall be surfaced with a dust-free
surface of asphalt, concrete, brick or aggregate mix to a depth of at least four (4) inches. At no time
shall the driveway material be placed within the flow line of the curb.
c)
The width of the finished driveway shall be no leto than twelve feet (12~ at the igope~y line abutting
d) The center line of the finished driveway must be positioned equidistant between existing street trees.
e)
Under no circumstances shall a driveway's entrance, includln$ stone, concrete, asphalt or other
material, be constructed or placed behind or over a street inlet casting or manhole.
Driveways should generally be located no closer than two feet (2') to the line of any adjoining lot.
For turnaround areas, it is suggested that a curb or bumper be installed to prevent tires from
damaging the lawn of adjoining lots, as well as to direct storm water drainage from the adjoining lot.
Turnaround areas not built at grade must be located an additional one foot (1') away from the lot line
for each vertical foot (1') above or below grade; i.e., a one to one slope. Driveways may not be
located over installed sanitary or storm sewer lines.
Driveway lights shall be located no closer than ten (10) feet from the back ofthe street curb and five
(5) feet from the edge of the driveway pavement.
LOT MAINTENANCE DURING CONSTRUCTION:
Each builder is responsible for maintaining a clean and orderly construction site. Lots mus~ be kept trash-
free and mowed. Trash shah not be deposited on other lots within Prairie View. All builders are asked to
place a trash dumpster on site.
During periods of construction on a lot, the builder or Owner shall provide adequate physical barriers such
as erosion silt fencing, straw bales, etc. along the entire street frontage of a lot to prevent mud and debris
from washing from the lot onto the subdivision streets and eventually into the storm sewer system. Similar
methods shall be used to prevent silt from entering and clogging drainage ways. The root systems of
existing trees shall be protected during construction by the use of wood snow fence or plastic constxucfion
fence. If these measures are not in place ten (10) days after the start of construction on the lot, Brenwick
or the Homeowners Association has the right to install required erosion measures and place a lien on the
property to recover the amount of funds expended to perform the work. Tamperary seeding of all disturbed
areas of a lot must be done to preserve topsoil prior to final grading and seeding.
Lots in the subdivision may contain compacted fill materials. This soil, although it has been assumed to be
properly compacted, may not contain similar engineering properties of undisturbed soils for the purpose of
foundation construction. It is suggested that an Owner consult the construction plans or the development
plans on any lot in Prairie View prior to commencement of consmmtion.
- PAGE4
Please remember that the Prairie View contracts include a Notice to Purchaser containing standards to which
you must adhere. These include:
When the basement md/or foundation of the residence is conslxucted, stone shall be installed over
the path of the driveway as shown on the approved building plans, and shall be level with the curb
at the lot line to avoid curb break-up.
b)
The surface and sub-surface drainage system shall not be altered in any way from the conditions
specified in the development plan for the subdivision and in the approved building plans for the lot.
c)
All trash generated on the lot shall be hauled away from the subdivision on a regular (not less than
weekly) basis and the construction site shall be kept neat and orderly at all times.
Construction on the lot shall be undertaken in such a manner as to preclude debris entering or
blocking the storm sewer inlets.
e)
Water service cuts shall not undermine the curbs or alter the sub-surface drainage system. Any
excavated area which adjoins the curb will be backfilled with #53 stone to within 10 inches of the
top curb.
Vehicles are not to be driven across other lots and trash is not to be deposited on adjoining lots. Mud
tracked onto the streets must be scraped off in a timely manner. Whenever possible, vehicles should be
parked on one side of the street to insure that traffic can flow through the area smoothly.
All fencing placed in Prairie View must be made of black wrought iron or its aluminum equivalent as
approved by the Architectural Review Board. Masonry walls may be permitted, integrated or not with
wrought iron fencing, when deemed appropriate by the Architectural Review Board. Absolutely no chain
link, stockade, shadow box or split rail fencing is permitted. For approval please include:
· plot plan
dimensions and placement of structure
· photograph or brochure picture
· color
ACCESSORY STRUC'ITJRF-q--
The Architectural Review Board serves to protect the value of all homes by providing uncompromising
standards and requirements. Any and all improvements made to a homesite (including pools, swing sets,
decks, gazebos, satellite dishes, etc.) must receive prior approval by the Architectural Review Board.
Concrete pads for basketball goals must not be placed within plotted drainage, utility, or pipeline easements
located on any lot. Absolutely no mini barns, satellite dishes greater than eighteen (18) inches in diameter,
above ground pools, or storage sheds will be permitted or approved. For approval please include: · plot plan
· dimensions and placement of structure
· photograph or brochure pi~ure
color
PAGE 5
' Plans should be submitted to Brenwick Development Company, Inc., 12722 Hamilton Crossing Boulevard,
Carmel, Indiana 46032.
YARD LIGHTS, M~ll .P. OXES:
Each Owner must install a six- to eight-foot (6'-83 high lamp post equipped with a photo electric cell for
automatic dusk-to=dawn illurainafion. The lamp post must be rated for the use ora 100-watt incandescent
bulb and must be placed between the platted building line and the street right-of-way. Power to the light
must be provided by the electrical system of the home located on the lot. The yard light will be the
maintenance responsibility of the Owner who must replace burned out bulbs immediately upon noticing
failure of the yard light to illuminate properly.
All mailboxes in Prairie View must be of uniform size, type and color. Approved mailboxes for Prairie
View can be ordered fxom Jeanne Carmody at Address Art, (317) 254-1508. The cost of these mailboxes,
including post and installation, in Dec. 1996 is $165.00.
Any other concerns regarding the design review process or the policies and procedures of the Architectural
Review Board shouid be directed to Brenwick Development Company, Inc. at (317)574-3400 (fax 574-
3919).
The Owner and the Builder are responsible for ensuring that these standards are met. If Brenwick
Development Company, Inc. is forced to take corrective action, the Owner will be billed.
317.574.3400
317.5743919 (fax)
- PAGE 6