HomeMy WebLinkAboutCovenants & Restrictions Recorded 12-7-122012076375 DECL $27,00
12/07/2012 02 :37:24P 8 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
PILKINTON ESTATES
HAMILTON COUNTY, INDIANA
PROPERTY OWNERSHIP
TABLE OF CONTENTS
1. Definitions 3
2. Declaration 4
3. Description of Pilkinton Estates 4
4. Lot Boundaries 4
5. Common Area 4
6. Association 4
7. Easements 4
8. Assessments 4
9. Insurance 5
10. Real Estate Taxes 5
11. Utilities 5
12. Architectural Considerations 5
13. Maintenance, Repairs and Replacements 5
14. Covenants and Restrictions 5
15. Costs and Attorneys Fees 6
16. Severability Clause 6
17. Pronouns 6
18. Interpretation 6
19. The Plat 6
20. Acceptance and Ratification 6
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
PILKINITON ESTATES PROPERTY OWNERSHSIP
THIS DECLARATION made this 5th day of December, 2012, by Douglas Pilkinton
and Cheryl Elizabeth Pilkinton (together, "Declarant ").
WITNESSETH:
WHEREAS, the following facts are true:
A. Declarant is the sole owner in fee simple title to certain real estate located in
Hamilton County, Indiana, more particularly described in the attached Exhibit A,
which is incorporated herein by reference (hereinafter referred to as the "Real
Estate ")
B. Declarant by execution of this Declaration assures that all properties which are
conveyed which are a part of the Tract shall be conveyed subject to the terms and
conditions of this Declaration, which shall run with the Tract and be binding upon
all parties having any right, title or interest in the Tract, or any part thereof, their
heirs, successors and assigns, and shall inure to the benefit of each Owner.
NOW, THEREFORE, Declarant hereby makes this Declaration as follows:
1. Definitions. The following terms as used in this Declaration, unless the context
clearly requires otherwise, shall mean the following:
a. "Declarant" shall mean and refer to the subdividers of the Real Estate,
Douglas Pilkinton and/or Cheryl Pilkinton, and any successors and assigns
designated in one or more written recorded instruments, to have the rights of
Declarant hereunder including, but not limited to, any mortgagee acquiring
title to any portion of the Tract pursuant to the exercise of rights under or
foreclosure of, a mortgage executed by Declarant.
b. "Dwelling Unit" means one of the living units located upon a Lot.
c. " Pilkinton Estates" means the name under with the minor subdivision was
created within the City of Carmel.
d. "Lot" means any plot of ground designated as such upon the recorded Plat of
Pilkinton Estates and upon which one (1) Dwelling Unit exists or may be
constructed. When Lot is used it shall be deemed to include the Dwelling
Unit, if any, located thereon.
e. "Owner" means a person, firm, corporation, partnership, association, trust or
other legal entity, or any combination thereof, who owns the fee simple title to
a Lot.
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f. "Plat" means the survey of Lots, together with any common areas, and
easements thereon prepared by SEA Group, LLC, certified by Brian Craig
Rismiller, a registered land surveyor, under date of Nove .t.6er 2-1 , 2012,
recorded as Instrument No. ZA t 2- - 012- 419 a in the Office of the
Recorder of Hamilton County, Indiana, and incorporated herein by reference
and any additional plat that may be filed, upon subjecting additional portions
of the Real Estate to this Declaration.
g. "Tract" means the real estate described in Paragraph B of the recitals above
and such other portions of the Real Estate which have, as of any given time,
been subjected to this Declaration either by this Declaration or a Supplemental
Declaration as herein provided.
2. Declaration. Declarant hereby expressly declares that the Tract shall be held,
conveyed and transferred in accordance with the provisions of this Declaration.
3. Description of Pilkinton Estates. Pilkinton Estates consists of two (2) Lots numbered
1 through 2 inclusive, together with any common area and/or easements as designated
on the Plat. Pilkinton Estates is located within the S -1 zoning district in the City of
Carmel. The size of the Lots are as designated on the Plat. The legal description for
each Lot in Pilkinton Estates shall be as follows:
Lot _ in Pilkinton Estates, a subdivision in Hamilton County, Indiana as per plat
thereof recorded , 2012 as Instrument Number , in
the Office of the Recorder of Hamilton County, Indiana.
4. Lot Boundaries. The boundaries of each Lot in Pilkinton Estates shall be as shown on
the Plat.
5. Common Area. There is no Common Area in Pilkinton Estates.
6. Association. There is no Homeowners Association in Pilkinton Estates.
7. Easements. Declarant hereby declares, creates, grants and reserves the following
easements in Pilkinton Estates, as shown on the Plat:
a. 15' Utility Easement — City of Cannel
b. 20' Rear Utility Easement — City of Carmel
c. 10' Sanitary Sewer Easement — Clay Township Regional Waste District
d. Pipeline Easement — Panhandle Eastern
e. 40' Right -of -Way along Six Points Road — City of Carmel
8. Assessments. There shall be no assessments upon the Lots in Pilkinton Estates by
Pilkinton Estates. This Declaration does not affect any assessments upon individual
Lots by federal, state, or local agencies.
9. Insurance. Each Owner shall be solely responsible for loss or damage to his Dwelling
Unit and the contents thereof, however caused, and his personal property stored
elsewhere on the Tract and the Declarant shall have no liability to the Owner for such
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loss or damage. Each Owner shall be solely responsible for obtaining his own
insurance to cover any such loss and risk.
10. Real Estate Taxes. Real estate taxes will be separately assessed and taxed to each
Lot.
11. Utilities. Each Owner shall pay for his own utilities which are separately metered.
12. Architectural Considerations. The Owner of each Lot in Pilkinton Estates shall
ensure that any improvement to his lot conforms to the architectural guidelines as set
forth by the City of Carmel and in effect at that time for the S -1 zoning district.
13. Maintenance, Repairs and Replacements. Maintenance, repairs and replacement, and
general upkeep of the Lots shall be the responsibility of each individual Lot Owner,
and shall comply with the guidelines established by the City of Carmel within the S -1
zoning district.
14. Covenants and Restrictions. The following covenants and restrictions on the use and
enjoyment of the Lots and Dwelling Units shall be in addition to any other covenants
or restrictions contained herein and in the Plat, and all such covenants and restrictions
are for the mutual benefit and protection of the present and future Owners and shall
run with the land and inure to the benefit of and be enforceable by any Owner.
Present or future Owners shall be entitled to injunctive relief against any violation or
attempted violation of any such covenants and restrictions, and shall, in addition, be
entitled to damages for any injuries or losses resulting from any violations thereof,
but there shall be no right of reversion or forfeiture resulting from such violation.
These covenants and restrictions are as follows:
a. At such time as the multi -use path is extended along the frontage of Six Points
Road such that it abuts either the north or the south property line of the Real
estate, the then Owners of each affected Lot shall, at their sole cost and
expense, construct the extension of the path across the full frontage of the
Real Estate, conforming to the City Standard Detail 10 -16
(http: / /www.carmel.in.gov/ modules /showdocument.aspx ?documentid =126) at
the location and elevations specified by the City, and shall conform to the
Alternative Transportation Plan.
b. At such time that improvements are planned on either Lot, prior to the
issuance of the requisite and customary permits for the planned
improvements, the then Owner of the lot which is being improved shall
provide for the review and approval of the applicable City of Carmel and/or
Hamilton County agencies, the following:
Information and reports required by Chapter 10, Article 2, Chapter 5,
Sections 5.04, 5.05 and 5.06 of the City of Carmel Zoning Ordinance and
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Sections 102.02, 102.03, 102.04 and 102.06 of the City of Carmel
Stormwater Technical Standards Manual.
2. Financial Guarantees required by Chapter 10, Article 2, Chapter 5, Section
5.07 of the City of Carmel Zoning Ordinance.
c. Improvements, and the design thereof, shall conform to all applicable City
Standards, including, but not limited to, the Storm Water Technical Standards
Manual, City of Carmel Standard Drawings, the City of Carmel Property
Maintenance Code, and Chapter 10, Article 2, Chapter 6 and Chapter 8 of the
City of Carmel Zoning Ordinance.
d. All lots shall be used in accordance with uses permitted in the S -1 zoning
district within the City of Carmel.
e. There are designated on the Plat building lines. Except as required for utilities
to serve the Tract or a Lot, no building or structure will be permitted within
this no -build area.
15. Costs and Attorney's Fees. In any proceeding arising because of failure of an Owner
to comply with any provision of this Declaration, each Lot Owner shall be
responsible for his own costs including but not limited to attorney's fees.
16. Severability Clause. The invalidity of any covenant, restriction, condition,
commitment, limitation or other provision of this Declaration shall not impair or
effect in any manner the validity, enforceability or effect of the rest of this
Declaration, and each shall be enforced to the greatest extent permitted by law.
17. Pronouns. Any reference to the masculine, feminine or neuter gender herein shall,
unless the context clearly requires to the contrary, be deemed to refer to and include
all genders. And the singular shall include and refer to the plural and vice versa as
appropriate.
18. Interpretation. The captions and titles of the various articles, sections, subsections,
paragraphs and sub - paragraphs of this Declaration are inserted herein for ease and
convenience of reference only and shall not be used as an aid in interpreting or
construing this Declaration or any provision hereof.
19. The Plat. The Plat of Pilkinton Estates is incorporated into this Declaration by
reference and has been filed in the office of the Recorder of Hamilton County,
Indiana of even date herewith.
20. Acceptance and Ratification. All present and future Owners, Mortgagees, tenants and
occupants of the Lots shall be subject to and shall comply with the provisions of this
Declaration, and the rules and regulations as adopted. The acceptance of a deed of
conveyance or the act of occupancy of any Lot shall constitute an agreement that the
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provisions of this Declaration are accepted and ratified by such Owner, tenant, or
occupant, and all such provisions shall be covenants running with the land and shall
be binding on any person having at any time any interest or estate in a Lot or the
Tract as though such provisions were recited and stipulated at length in each and
every deed, conveyance, mortgage or lease thereof. All persons, corporations,
partnerships, trusts, associations, or other legal entities who may occupy, use, enjoy
or control a Lot or Lots or any part of the Tract in any manner shall be subject to the
Declaration.
IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed
the day and year first above written.
Douglas Pilkinton
By: Ch: 1 Pilkinton, attorney -in -fact, pursuant to a
Power of Attorney recorded on b.e,ce we ,t- 7 ,
2012 as Instrument No. ZD 12 os55' 7 3 in the
Brazoria County Clerk's Office, Angleton, Texas.
Cheryl Elizabeth Pilkinton
STATE OF INDIANA )
)SS:
COUNTY OF FitiVA i l n )
Before me, a Notary Public in and for said County and State, personally appeared the Declarant,
who acknowledged the execution of the foregoing "Declaration of Covenants, Conditions and Restrictions
of Pilkinton Estates Property Ownership ".
Witness my hand and Notarial Seal this �' day of V- ecx,F44 tit--, 2012.
OcFiCi F., AL SEAL
{J
Lisa A. Ruscetti
Notary Public - Indiana
My Commission Expires
February 8, 2013
My commission expires:
My County of residence:
1400
Ham, Ito rl
ocA 164c12-4\
Notary Public
1. Ise\ A KV.SC -0-
Printed
This instrument was prepared by Sharon Henady, Land Use Consultant, Evolution Development Group, 9801 Fall
Creek Road, #237, Indianapolis, IN 46256.
I, Sharon Henady, affirm under penalties for perjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law, prior to its recording with the Declaration of Covenants, Conditions
and Restrictions of the Property Ownership within the Pilkinton Estates subdivision in Carmel, Indiana.
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EXHIBIT A
PILKINTON ESTATES
LAND DESCRIPTION
A part of the Northwest Quarter of Section 27, Township 18 North, Range 3 East, in
Hamilton County, Indiana, being described as follows:
Commencing at the northeast corner of said Quarter Section; thence South 00 degrees 06
minutes 53 seconds East (bearings per record description for parent tract recorded in
Deed Book 294, Page 360 in the Office of the Recorder in Hamilton County, Indiana)
along the east line of said Quarter Section a distance of 1716.58 feet to the Point of
Beginning, lying 0.4 feet north of a Mag Nail; thence continuing South 00 degrees 06
minutes 53 seconds East along said line a distance of 307.00 feet to a point lying 0.3 feet
south of a Mag Nail; thence South 89 degrees 15 minutes 13 seconds West, parallel with
the south line of said Quarter Section a distance of 878.18 feet to a rebar with yellow cap
stamped "SEA Group" at a wire fence; thence North 00 degrees 12 minutes 40 seconds
West along said fence a distance of 306.99 feet to point lying 0.2 feet south of a rebar;
thence North 89 degrees 15 minutes 13 seconds East, parallel with said south line a
distance of 878.69 feet to the point of beginning, containing in all 6.20 acres, more or
less.
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