HomeMy WebLinkAboutPlat Covnnts/Restrictn Emerald Rev 6/1/99
PLAT COVENANT,S AND RESTRICTION,S
Emerald Crest at
HAZEL DELL SUMMIT
SECTION 1
· ~i; ~: The. undersigned, Davis Homes, LLC, an Indiana liability company (the "Developer"), is
the Owner of the real estate more specifically described in Exhibit "A" attached hereto (the "Real
Estate"). The Developer is concurrently platting and subdividing the Real Estate as shown on the
plat for Emerald Crest at Hazel Dell Summit Section 1, which is filed of record ,
1999, in the office of the Recorder of Hamilton County, Indiana (the "Plat") and desires in the
Plat to subject the Real Estate to the provisions of these Plat Covenants and Restrictions. The
subdivision created by the Plat (the "Subdivision") is to be known and designated as "Hazel Dell
SummitM. In addition to the covenants and restrictions hereinafter set forth, the Real Estate is also
subject to those covenants and restrictions contained in the Declaration of Covenants, Conditions
and Restrictions of Emerald Crest, dated · 1999 and recorded on
, 1999 as Instrument No. , in the office of the Recorder of
Hamilton County, Indiana, as the same may be amended or supplemented from time to time as
therein provided (the "Declaration"), and to the rights, powers, duties and obligations of The
Emerald Crest Community Association, Inc. (the "Association#) set forth in the Declaration. If
there is any irreconcilable conflict between any of the covenants and restrictions contained herein
and any of the covenants and restrictions contained in the Declaration, the covenants and
restrictions contained in the Declaration shah govern and control, but only to the extent of the
irreconcilable conflict, it being the intent hereof that all covenants and restrictions contained
herein shall be applicable to the Real Estate to the fullest extent possible· Capitalized terms used
herein shall have the same meaning as given in the Declaration.
In order to provide adequate protection to all present and future Owners of Lots or
Residence Units in the Subdivision, the following covenants and restrictions, in addition to those
set forth in the Declaration, are hereby imposed upon the Real Estate:
PUBLIC RIGHT OF WAY. The rights-of-way of the streets as shown on the Plat, if not
heretofore dedicated to the public, are hereby dedicated to the public for use as a public
fight-of-way.
COMMON AREAS. There are areas of ground on the Plat marked "Common Area".
Developer hereby declares, creates and grants a non-exclusive easement in favor of each
Owner for the use and enjoyment of the Common Areas, subject to the conditions and
restrictions contained in the Declaration.
UTILITY, DRAINAGE AND SANITARY SEWER EASEMENTS. There are areas of
ground on the Plat marked "Utility Easements, Drainage Easements and Sanitary Sewer
Easements", either separately or in combination. The Utility Easements are hereby created
and reserved for the use of ail public utility companies (not including transportation
companies), governmental agencies and the Association for access to and instailation,
maintenance, repair or removal of poles, mains, ducts, drains, lines, wires, cables and other
equipment and facilities for the furnishing of utility services, including cable television
services. The Drainage Easements are hereby created and reserved for (i) the use of
Developer during the "Development Period" (as such term is defined in the Declaration)
for access to and instailation, repair or removai of a drainage system, either by surface
drainage or appropriate underground installations, for the Real Estate and adjoining
property and (ii) the use of the Association and the Board of Public Works of the City of
Carmel for access to and maintenance, repair and replacement of such drainage system.
The Owner of any Lot in the Subdivision subject to a Drainage Easement, including any
builder, shall be required to keep the portion of said Drainage Easement on his Lot free
from obstructions so that the storm water drainage will be unimpeded and will not be
changed or aitered without a permit from the Board of Public Works and prior written
approval of the Developer or the Association. The Sanitary Sewer Easements are hereby
created and reserved for the use of the Board of Public Works and, during the
Development Period, for the use of Developer for access to and installation, repair,
removai, replacement or maintenance of an underground storm and sanitary sewer system.
The delineation of the Utility, Drainage and Sanitary Sewer Easement areas on the Plat
shall not be deemed a limitation on the fights of any entity for whose use any such
easement is created and reserved to go on any portion of any Lot subject to such easement
temporarily to the extent reasonably necessary for the exercise of the rights granted to it
by this Paragraph 3. Except as installed by Developer or installed as provided above, no
structures or improvements, including without limitation decks, patios, pools, landscaping,
fences or walkways, shall be erected or maintained upon said easements.
LAKE EASEMENTS. There are areas of ground on the Plat marked "Lake Easements".
Such Lake Easements are hereby created and reserved: (a) for the use and enjoyment of
Owners, subject to the rights of the Association to promulgate reasonable rules and
regulations (not inconsistent with the provisions of the Plat or the Declaration) governing
such use and enjoyment; and (b) for the use of the Developer, during the Development
Period, and the Association for access to and construction, maintenance and control of
retention and detention ponds or lakes and the installation, repair and replacement of
improvements and vegetation thereon. Except as installed by Developer or installed and
maintained by the Association, no improvements, including without limitation piers, decks,
walkways, patios and fences, shall be erected or maintained upon any Lake Easements.
LANDSCAPE EASEMENTS. There are areas of ground on the Plat marked "Landscape
Easements". Such Landscape Easements are hereby created and reserved for the use of the
Developer, during the Development Period, and the Association for access to and the
installation, maintenance and replacement of foliage, landscaping, screening materials,
entrance wails, lighting, irrigation and other improvements. Except as installed by
Developer or installed and maintained by the Association or with the approval of the
Architectural Review Committee, no structures or improvements, including without
limitation piers, decks, walkways, patios and fences, shall be erected or maintained upon
said Landscape Easements.
REGULATED DRAINAGE EASEMENTS. There are areas of ground on the Plat
marked "Regulated Drainage Easements". Such Regulated Drainage Easements are
hereby created and reserved: (i) for the use of Developer during the Development Period
for access to and installation, repair or removal of a drainage system, either by surface
drainage or appropriate underground installations, for the Real Estate and adjoining
property and (ii) the use of the Association, the City of Carmel Board of Public Works
and the Hamilton County Drainage Board for access to and maintenance, repair and
replacement of such drainage system. The Owner of any Lot in the Subdivision subject to
a Regulated Drainage Easement, including any builder, shall be required to keep the
portion of said Regulated Drainage Easement on his Lot free from obstructions so that the
storm water drainage will be unimpeded and will not be changed or altered without a
permit from Hamilton County Drainage Board and prior written approval of the
Developer or the Association.
BUILDING LOCATION - FRONT. BACK AND SIDE YARD REQUIREMENTS.
Building lines are established on the Plat. No building shall be erected or maintained
between said setback lines and the front, rear or side lot line (as the case may be) of a
Lot. The setback lines may vary in depth in excess of the minimum as designated on the
Plat. The minimum front yard set back shall be twenty-five (25) feet. Except as otherwise
shown on the Plat, the minimum rear yard setback shall be twenty (20) feet. The
minimum side yard set back shall be five (5) feet.
RESIDENTIAL UNIT SIZE AND OTHER REOUIREMENTS. No residence
constructed on a Lot shall have less than sixteen hundred (1600) square feet of total living
area, exclusive of garages, carports and open porches in the case of one story structure.
Each Residence Unit shall include an attached two-car (or larger) enclosed garage.
The maximum height of any residential dwelling constructed on a Lot shall be twenty-five
(25) feet measured from finished grade to the underside of the cave line.
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RESIDENTIAL UNTT USE. All Lots in the Subdivision shall be used solely for residential
purposes. No business building shall be erected on any Lot, and no business may be
conducted on any part thereof in violation of any home occupation provisions of the
applicable zoning ordinance. No building shall be erected, placed or permitted to remain
on any Lot other than one detached single-family residence and permanently attached
residential accessory buildings. Any garage, tool shed, storage building or any other
attached building erected or used as an accessory building to a residence shall be of a
permanent type of construction and shall conform to the general architecture and
appearance of such residence.
ACCESSORY AND TEMPORARY BUILDINGS. No trailers, shacks, outhouses or
detached or unenclosed storage sheds, tool sheds, garages or accessory buildings of any
kind shall be erected or situated on any Lot in the Subdivision, except that used by the
Developer or by a builder during the construction of a residential building on the property,
which temporary construction structures shall be removed upon completion of
construction of the Subdivision or building, as the case may be.
TEMPORARY RESIDENCE. No trailer, camper, motor home, truck, shack, tent, boat,
recreational vehicle, basement or garage may be used at any time as a residence,
temporary or permanent; nor may any other structure ora temporary character be used as
a residence.
NUISANCES. No domestic animals raised for commercial purposes or no farm animals or
fowl shall be kept or permitted on any Lot. No noxious, unlawful or otherwise offensive
activity shall be carried out on any Lot, nor shall anything be done thereon which may be
or may become a serious annoyance or nuisance to the neighborhood.
VEHICLE PARKING. No camper, motor home, truck, trailer, boat, snowmobile or other
recreational vehicle of any kind may be stored on any Lot in open public view. No
vehicles of any kind may be put up on blocks or jacks to accommodate car repair on a Lot
unless such repairs are done in the garage. Disabled vehicles shall not be allowed to
remain in open public view.
SIGNS. No sign of any kind shall be displayed to the public view on any Lot, except that
one sign of not more than six (6) square feet may be displayed at any time for the purpose
of advertising a Residential Unit for sale, and except that Developer and its affiliates and
designees may use larger signs during the sale and development of the Subdivision.
MAILBOXES. AH mailboxes and replacement mailboxes shall be uniform and shall
conform to the standards set forth by the Architectural Review Committee.
GARBAGE AND REFUSE DISPOSAL. Trash and refuse disposal will be on an
individual basis, lot by lot. The community shall not contain dumpsters or other forms of
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general or common trash accumulation except to facilitate development and house
construction. No Lot shall be used or maintained as a dumping ground for trash. Rubbish,
garbage and other waste shall be kept in sanitary containers. All equipment for storage or
disposal of such materials shall be kept clean and shall not be stored on any Lot in open
public view. No rubbish, garbage or other waste shall be allowed to accumulate on any
Lot. No homeowner or occupant cfa Lot shall buru or bury any garbage or refuse. All
garbage, trash cans and receptacles and woodpiles shall be screened.
STORAGE TANKS. No gas, oil or other storage tanks shall be installed on any Lot.
WATER SUPPLY AND SEWAGE SYSTEMS. No private or semi-private water supply
or sewage disposal system may be located upon any Lot. No septic tank, absorption field
or similar method of sewage disposal shall be located or constructed on any Lot.
DITCHES AND SWALES. All Owners, including builders, shall keep unobstructed and in
good maintenance and repair ali open storm water drainage ditches and swales which may
be located on their respective Lots. All sump pump discharges shall be connected to a
subsurface drain, storm sewer or lake. No drains shall be discharged directly to the
ground surface. No filling, regrading, piping, rerouting or other alteration of any open
ditch or swale may be made without the express written consent of the Architectural
Review Committee, and subject to the approval, of the appropriate governmental entity.
GARAGES/DRIVEWAYS. Each driveway in the Subdivision shall be of concrete or
asphalt material.
ANTENNA AND SATELLITE DISHES. Outdoor satellite dishes shall be permitted in
the Subdivision; provided, however, that the (i) the diameter of the satellite dish shall be
no more than twenty-four inches (24"), (ii) only one (1) satellite dish shall be permitted on
each Lot, and (iii) the Architectural Review Committee shall have first determined that the
satellite dish is appropriately placed and properly screened in order to preserve property
values and maintain a harmonious and compatible relationship among the houses in the
Subdivision.
AWNINGS. No metal, fiberglass, canvas or similar type material awnings or patio covers
shall be permitted in the Subdivision.
FENCING. No fence shall be erected on or along any Lot line, nor on any Lot, the
purposes or result of which will be to obstruct reasonable vision, light or air. All fences
shall be kept in good repair and erected so as to enclose the property and decorate the
same without unreasonable hindrance or obstruction to any other property. Any fencing
permitted to be used in the Subdivision must be black wrought iron or imitation wrought
iron and shall not be higher than six (6) feet. No fencing shall extend into a yard, fronting
onto a street, closer to the street than the front coruer of the residence. All fencing style,
color, location and height shall be generally consistent within the Subdivision and shall be
subject to prior written approval of the Architectural Review Committee. Fences are
allowed in easements but are erected at owner's risk as such fences may be partially or
completely torn down by others if they interfere with the installation, operation, and/or
maintenance of the facilities for which the easement has been reserved.
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SWIMMING POOLS. SPORTS COURT AND PLAY EOUIPMENT. No above-ground
swimming pools shall be permitted in the Subdivision. No hard surfaced sports courts of
any kind shall be permitted on any Lot except as approved by the Architectural Review
Committee. No metal outdoor play equipment shall be permitted in the Subdivision.
SOLAR PANELS. No solar heat panels shall be permitted on roofs of any structures in
the Subdivision. All such panels shall be enclosed within fenced areas and shall be
concealed from the view of neighboring Lots, common areas and the streets.
OUTSIDE LIGHTING. Except as otherwise approved by the Developer, all outside
lighting contained in or with respect to the Subdivision shall be of an ornamental nature
compatible with the architecture within the Subdivision and shall provide for projection of
light so as not to create a glare, distraction or nuisance to any Owner or other property
owners in the vicinity of or adjacent to the Subdivision. All homes shall have uniform
"dusk to dawn" front yard lights and/or coach lights attached to the house.
SITE OBSTRUCTIONS. No fence, wall, hedge or shrub planting which obstructs sight
lines at elevations between two (2) and nine (9) feet above the street shall be placed or
permitted to remain on any corner lot within the triangular area formed by the street
property lines and a line connecting points twenty-five (25) feet from the intersection of
said street lines, or in the case of a rounded property corner, from the intersection of the
street lines extended. The same sight-line limitations shall apply to any Lot within ten (10)
feet from the intersection of a street line with the edge of a driveway pavement or alley
line. No tree shall be permitted to remain within such distances of such intersections
unless the foliage line is maintained at a sufficient height to prevent obstruction of such
sight lines.
VIOLATION. Violation or threatened violation of these covenants and restrictions shall
be grounds for an action by the Developer, the Association or any person or entity having
any right, title or interest in the Real Estate, and all persons or entities claiming under
them, against the person or entity violating or threatening to violate any such covenants or
restrictions. Available relief in any such action shall include recovery of damages for such
violation, injunctive relief against any such violation or threatened violation, declaratory
relief and the recovery of costs and attorneys reasonable fees incurred by any party
successfully enforcing these covenants and restrictions; provided, however, that neither
the Developer nor the Association shall be liable for damages of any kind to any person
for failing to enforce such covenants or restrictions.
29.
AMENDMENT. These covenants and restrictions may be amended at any time by a vote
of no less than ninety pement (90%) if such date is taken within twenty (20) years at, er the
date hereof and if such vote is taken after such twenty (20) year period by a vote of not
less than seventy-five percent (75%) of the Lots in all Subdivisions which are now or
hereafter made subject to and annexed to the Declaration; provided, however, that until all
of the Lots in the Subdivision have been sold by Developer, any such amendment shall
require the prior written approval of Developer. Each such amendment shall be evidenced
by a written instmmeat, which instrument shall set forth facts sufficient to indicate
compliance with this paragraph and shall be recorded in the office of the Recorder of
Hamilton County, Indiana. No amendment which adversely affects the rights of a public
utility shall be effective with respect to such public utility without its written consent
thereto. No amendment which is contrary to a zoning commitment shall be effective
without the written approval of the affected adjacent homeowners associations designated
by the City of Carmel.
30.
TERM. The foregoing plat covenants and restrictions, as the same may be amended from
time to time, Shall run with the land and shall be binding upon all persons or entities from
time to time having any right, title or interest in the Real Estate and on all persons or
entities claiming under them, until December 3 l, 2019, and thereat~er they shall continue
automatically in effect unless terminated by a vote of a seventy-five percent (75%) of the
then Owners of the Lots in the Subdivision subject to paragraph 30 above; provided,
however, that no termination of these covenants and restrictions shall affect any easement
hereby created and reserved unless all persons entitled to the beneficial use of such
easement shall have consented thereto in writing.
31.
SEVERABILITY Invalidation of any of the foregoing covenants or restrictions by
judgment or court order shall in no way affect any of the other covenants and restrictions,
which shall remain in flail force and effect.
IN WITNESS WHEREOF, the undersigned Developer, as the owner of the Real Estate,
has hereunto caused its name to be subscribed this day of _, 1999.
Davis Homes, LLC, an Indiana
limited liability company, by its
manager-member,
Davis Holding Corporation, an
Indiana corporation,
By:
Christopher R. White,
Vice President
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STATE OF INDIANA )
)
COUNTY OF MAP, ION )
SS:
Before me, a Notary Public in and for the State of Indiana, personally appeared
Christopher R. White, the Vice President of Davis Holding Corporation, an Indiana corporation,
and acknowledged the execution of this instrument as his voluntary act and deed as such officer
on behalf of such corporation for the uses and purposes hereinabove set forth.
Witness my signature and Notarial Seal this .__ day of
,1999.
Notary Public
Primed
My commission expires:
I am a resident of
County, Indiana.
This instrument was prepared by Ronald F. Shady, .Ir., Vice President of Davis Holding
Corporation, 3755 East 82nd Street, Suite 120, Indianapolis, Indiana 46240 (317) 595-2900.
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