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HomeMy WebLinkAboutCovenants and Restrictions - RECORDED Supplemental Declaration97097u05530 SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS PRAIRIE VIEW 5709705550 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK MO} rn4 FARM On 02-14-1997 A31.04005 po. This Supplemental Declaration, dated as of the CIA. day of February, 1997, by BDC /CARDINAL ASSOCIATES, LP., an Tnciiana limited partnership, WITNESSES THAT: WHEREAS, the following facts are true: A. Declarant is the owner of the fee simple title to the real estate located in Hamilton County, Indiana, more particularly described in Exhibit A attached 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. C. Declarant intends to subdivide the Parcel into Lots upon each of which a Residence may be constructed. NOW, THEREFORE, Declarant hereby makes this Supplemental Declaration as follows: 1. Definition. 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: "Declaration of Covenants and Restriction" means the Declaration of Covenants and Restrictions of Prairie View dated as of February, 1997 and recorded in the Office of the ecorder of Hamilton County, Indiana as Instrument Number 97• as amended from time to time. lilt" means a numerically designated subdivided parcel of land depicted on a Plat. "Moffitt Farm" means the name by which the Parcel sh2T1 be known. "ter" means any Person, including Declarant, who at any time owns the fee simple title to a Lot. "Parcel" means that part 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. 'ml r means the secondary plat of a Section within the ParceL "Section" means that part of the Parcel which is depicted on a Plat. 'Maar 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 declares 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. Land 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 orig aa1 Lots shown on a Plat of such Section. 4. Construction of Residences. (a) Lot Development Plug. Except to the extent such requirement is waived by Declarant, prior to commencement of any construction on a Lot, a Lot Development Plan cha11 be submitted to the Architectural Review ' Board in accordance with the requirements of Paragraph 18 of the Declaration of Covenants and Restrictions. 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 estab- lished pursuant to the authority granted by the Declaration of Covenants and Restrictions. (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 2,400 square feet if a one -story structure, or 1,500 square feet if a higher structure, but in the case of a building higher than one story, and the total floor area shall not be less than 2,400 square feet. -2- (c) Temporary Structures. No trailer, shack, tent, boat, basement, garage or other outbuilding may be used at any time as a dwelling, temporary or permanent, nor may any structure of a temporary character be used as a dwelling. (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 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 nearer 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. _ (l Driveways. All driveways chall be paved with either concrete or asphalt and maintained dust free. (f) Yard Lights. If street lights are not installed in the Parcel, 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 fixture shall also have a bulb of a wattage approved by Architectural Review Board to insure uniform illumination on each Lot and ch211 be equipped with a photo electric cell or similar device to insure automatic illumination from 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 from public view. (h) Construction and Landscaping. 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 -3- Review 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 L Unless a delay 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 fat7ttre of the Owner of a Lot to apply for approval of, or receive approval from, the Architectural Review Board of a Lot Development Plan sh211 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) Septic Systems. 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) cha 11 be installed or maintained on any Lot (k) Water vstem. 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 domestic 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 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. (1) 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 -4- 1f: Lot to permit such drainage to continue, without restriction or reduction, across the downstream Lot and' into the natural drainage channel or course, although no specific drainage easement for such flow of water is provided on the Plat. To the extent not maintained by the Drainage Board, "Drainage Easements" reserved as drainage swales shall be maintained by the Owner of the Lot upon which such easements are located such that water from any adjacent Lot shall have adequate drainage along such swale. Lots within 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 of maintenance 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 sell 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 Building. No mini - barns, storage shed or other accessory 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. (oJ 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 establishin • 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 to approval of the Architectural Review Board if it would be visible from a public right -of -way adjoining the Lot. 5. Maintenance of Lots. (a) Vehicle Parking. No recreational vehicle, motor home, truck which exceeds ton in weight, trailer, boat or disabled vehicle may be parked or stored overnight or longer on any Lot in open public view. (b) Signs. 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 as may be located on the Community Area and such signs as 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 for the purpose of advertising the property for sale or for e rent at any time (c) Fe=g. 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 T ardscape Easement or is part of Residence 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 constitute a "hedge ". No chain link fence shall be erected upon a Lot. No fence cha 11 be erected or maintained on or within any TarrIscape 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 insraliarion of fences in the rear yard of a Lot and along the bank of any Lake or Pond. All 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 corner lot within the triangular area formed by the street property lines and a line connecting points 25 feet from the intersection of sai3 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 shall not permit the growth of weeds and volunteer trees and bushes on his Lot, and chalk keep his Lot reasonably clear from such unsightly growth at all times. If an Owner fads 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 chalk 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 Disposal. No Lot shall be used or maintained as a dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary containers out of public view. All equipment for storage or disposal of such materials shall be kept clean and sanitary. (g) Livestock and Poultiy. 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 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) Antennas and Receivers. No satellite receiver, down -link or antenna which is visible from a public way or from any other Lot, and no satellite dish ;neater than eighteen (18) inches in diameter shall be permitted on any Lot without the prior written consent of the Architectural Review Board. Unless consent thereto is granted by a majority of the Owners, the Architectural Review Board sha11 not give its consent to the installation of any exterior television antenna if television reception is available from undergr=ad 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 Lights. No exterior lights shall be erected or jnaintanled between the building line and rear lot line so as to shine or reflect directly upon another Lot. (k) Electric 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, rules, regulations and procedures adopted by the Architectural Review Board pursuant to Paragraph 20(a)(iii) of the Declaration of Covenants and Restrictions, 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 of a 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. Enforceme t. 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 reserved 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 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. Severability. invalidation of any of these covenants and restrictions or any part 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 chn_11 have no duties, obligations or liabilities hereunder except such as are expressly assumed by Declarant, and no duty of, or warranty by, Declarant chill be implied by or inferred from any term or provision of this Supplemental Declaration. 11. General Provisions. 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 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). -8- B d Except as the same may be amended from time to time, the foregoing restrictions will be in full force and effect until January 1, 2027, at which time they will be automatically extended for successive periods of ten (10) years, unless by a vote of the majority of the then Owners of Lots in the Parcel it is agreed that these Restrictions shall terminate in whole or in part. IN WITNESS HEREOF, this Supplemental Declaration has been executed as of the date first above written, BDC /CARDINAL ASSOCIATES, LP. Tom Charles Huston Assistant General Manager STATE OF INDIANA COUNTY OF HAMILTON ) SS: Before me, a Notary Public in and for said County and State, personally appeared Tom Chaves Biston, the Assistant General Manager of BDC /Cardinal Associates, LP., an Indiana limited partnership, 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 b' day of February, 1997. My Commission Expires: q /9 g9 Notary - Public Residing n)4 1 ,xt Coumy �7 rr in • fi f. r k (printed signature This instrument prepared by Tom Charles Huston, Attorney at Law, 1313 Merchants Bank Building, 11 South Meridian Street, Indianapolis, Indiana 46204. DSM TDB 150792 -9- .iy EXHIBIT A LAND DESCRIPTION (Moffitt Farm at Prairie View - All Sections) • Part of the Northeast Quarter of Section 27 and part of the Northwest and Southwest Quarter of Section 26 all in Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana being described as follows: Beginning 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 2646.77 feet to the north line of said Northeast Quarter, thence South 89 degrees 56 minutes 39 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 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•distano 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 minutes 54 seconds East; thence southwesteriy along said curve an arc distance of 327.91 feet to a point which bears North 76 degrees 26 minutes 01 seconds West from said radius point thence South 13 degrees 33 minutes 59 seconds West a distance of 75.13 feet to a curve having a radius of 20.00 feet, the radius point of which - bears South 76 degrees 26 minutes 01 seconds East thence southeasterly along said curve an arc distance of 23.16 feet to a point which bears South 37 degrees 13 minutes 19 seconds West from said - 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 :urve an arc distance of 187.74 feet to a point which bears South 67 degrees 01 minutes 33 seconds =ast from said radius point also being a point of reverse curvature of a curve having a radius of 21.00 - feet, 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 having a radius of 375.00 feet, the radius point of which bears North 39 degrees 25 minutes 08 seconds last; thence southeasterly along said curve an arc distance of 70.18 feet to a point which bears South 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 northwesterly along said curve an ..irc distance of 79.45 feet to a point which bears South 39 degrees 24 minutes 29 seconds West from i-aid radius point also being a point of reverse curvature of a curve having a radius of 21.00 feet, the idius point of which bears South 39 degrees 24 minutes 29 seconds West thence westerly along said -- .urve an arc distance of 26.99 feet to a point which bears North 34 degrees 14 minutes 30 seconds West om said radius point also being a point of reverse curvature of a curve having a radius of 142.00 feet, e radius point of which bears North 34 degrees 14 minutes 30 seconds West thence southwesterly -along 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 56 seconds East thence southwesterly along said curve an arc distance of 23.83 feet to a point which bears South 87 degrees 15 minutes 22 seconds West from said radius point; thence South 02 degrees 44 minutes 38 seconds East a distance of 92.95 feet to a curve having a radius of 640.00 feet, the radius point of which bears South 87 degrees 15 minutes 22 seconds West; thence southwesterly along said curve an arc distance of 227.32 feet to a point which bears South 07 degrees 25 minutes 54 seconds West from said radius point thence South 17 degrees 08 minutes 54 seconds West a distance of 72.25 feet to a curve having a radius of 560.00 feet, the radius point of which bears South 72 degrees 09 minutes 50 seconds East: thence southwesterly along said curve an arc distance of 84.01 feet to a point which bears North 80 degrees 45 minutes 34 seconds West from said radius point thence South 89 degrees 57 minutes 14 seconds West a distance of 47.34 feet to the west line of the Southwest Quarter of Section 26; thence North 00 degrees 02 minutes 46 seconds West along said west line a distance of 402.88 feet to the Point of Beginning, containing 109.98 acres, more or less. J:110651OOCSIALLMOFF.14F0 Page 2 of 2 Feb. 3. 1997 3C Instrument 9709731763 AMENDMENT TO SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS AND NOTATION ON PLATS PRAIRIE VIEW MOii 'i ri FARM This Amendment to Supplemental Declaration of Covenants and Restrictions and Notation on Plats, dated as of the (iday of August, 1997, by BDC /CARDINAL ASSOCIATES, L.P., an Indiana limited partnership, 9709731763 Filed for Record in HAMILTON COUNTY, INDIANA WITNESSES THAT: MARY L CLARK On 08 -04 -1997 At 03 :08 pm. DEC COV RES 16.00 WHEREAS, the following facts are true: A. Terms used but not defined herein shall have the meaning given such terms in that certain Supplemental Declaration of Covenants and Restrictions for Moffitt Farm, in Prairie View, dated February 5, 1997 and recorded on February 14, 1997 in the Office of the 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. 1, Slide No. 759, in the Office of the Recorder of Hamilton County, Indiana (the "3A Plat "). D. A Plat for Section 3B of Moffitt Farm was recorded on July 16, 1997, as Instrument 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 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 Zoning Ordinance (the "Ordinance ") to reduce the required minimum aggregate side yard for Lots (as defined in the Supplemental Declaration) in Moffitt 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 minimum 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: 1. Paragraph 4(d) of the Supplemental Declaration is hereby amended in the following respects: (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 Supplemental 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 ASSOCIATES, By Tom Charles Huston 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 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. My Commission Expires: Notary Public Residing inHendr; c County Marie M. Urick May 24. 1999 (printed signature) This instrument prepared by David R. Warshauer, Attorney at Law, 12722 Hamilton Crossing Boulevard, Carmel, Indiana 46032.