HomeMy WebLinkAboutPacket 1-7-05
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Carmel/Clay Plan
Commission
VILLAS @ MOR
NS CREEK
Premttrlby: Covenant Group, LLC
14300 Gray Road, Indiana 46032
Fa- Plan Commission Review & Approval
Docket No. 04080056PP - Primary Plat
Docket No. O4Of!l:JJ57SW, sea 6.03.07 - SIreet layout and design
s1andards
Docket No. 0501 r:nJ2SW , sea 6.5.8 - Perimeter bt, fion1age and
setbacks
KEELER-WEBB ASSOCIATES
Consufting CEngineers-(Pfanners-Surveyors
486 GRADLE DRIVE - CARMEL, INDIANA 46032
PHONE (317) 574-0140 - FAX (317) 574-1269
KWA PROJECT No. 0408-036
January 6, 2005
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Table of Contents
'\
1 Project Narrative
2 Aerial Photo
3 - PrimaryPlat
Open Space,
Landscaping I Tree
Preservation Plan
4
SignE
Details
&
5 Covenants, Conditions &
Restrictions
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CARMEL/CLAY PLAN COMMISSION
Carmel, Indiana
SUBDIVISION WAIVER
FINDINGS OF FACT
04080057SW
Docket No:
Petitioner:
Covenant Group., LLC
Section Varied:
6.0~.07
Street Layout/Cul-de-sac length
Brief Description of Variance:
In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance,
the Plan Commission should consider the following:
The grant of a variance will not be injurious to the public health, safety, morals and general
welfare of the community.
The use and value of area adjacent to the property included in the proposed plat will not be
affected in a substantially adverse manner.
The need for the variance arises from some condition peculiar to the property and such
condition is not due to the general conditions of the neighborhood.
The strict application of terms of the ordinance to the property will constitute an unusual
and unnecessary hardship if applied to the property for which the variance is sought.
The grant of the variance does not interfere substantially with the Comprehensive Plan.
Based on all the evidence presented by the petitioner, I approve of the requested
subdivision variance.
I hereby disapprove of the subdivision variance request for the following reasons:
1.
2.
3.
Dated this
day of
, 200_,
Commission Member
Z:~hared\forms\PC application\Subdivision Waiver Findings-of-Fact 2000.0111
rev. 01/05/04
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CARMEL/CLA Y PLAN COMMISSION
Carmel, Indiana
OPEN SPACE MODIFICATION
FINDINGS OF FACT
Docket No: 05010002SW
Petitioner: COVENANT GROUP., LLC
Section Varied: 6 · 5 · 8
Brief Description of Variance: Perimeter lot frontage and setbacks
The Commission may, after a public hearing, permit the modification of the provisions of Chapter 7 of
the Subdivision Control Ordinance.
Any approval to permit such a modification shall be subject to the following criteria:
The design and modifications shall be in harmony with the purposes and the land-use
standards contained in this Chapter;
The design and modifications shall enhance the subdivision plan, the central core area,
the streetscapes, and the neighborhoods, or at least not be any less desirable than the plan
that could be created in conformance with this Chapter;
The design and modifications shall not produce lots or street systems that would be
impractical or detract from the appearance of the subdivision plan, and shall not
adversely affect emergency vehicle access or deprive adjoining noncommercial
properties of adequate light and air; and,
The applicant shall demonstrate that the proposed modifications will produce equal or
better results, from the Commission's perspective, and represent the minimum
modification necessary.
If the Commission determines that the applicant has met his/her burden, it may grant a modification of the
requirements of this article. In granting modifications, the Commission may impose such Conditions that
will, in its judgment, secure the objectives and purposes of Chapter 7. .
Based on all the evidence presented by the petitioner, I vote to Approve of the requested
subdivision variance.
I hereby vote to Disapprove of the subdivision variance request for the following reasons:
1.
2.
3.
Dated this
day of
, 20_.
Commission Member
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Carmel Plan Commission
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Carmel, Indiana
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04080056pp Villas @ Morgan Creek
DOCKET NO. NAME OF SUBDIVISION:
PETITIONER: Covenant Group., ILC
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Based upon all the evidence presented by the petitioner and upon the representations and
certifications of the staff of the Department of Community Development, I determine that the plat
complies with standards of the Carmel Clay Subdivision Control Ordinance.
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_'~ I hereby approve of the primary plat as submitted with the following specific conditions as agreed to
by the petitioner.
Condition 1.
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Condition 2.
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Condition 3.
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I hereby disapprove of the primary plat as submitted for the following reasons:
1.
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2.
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3.
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DA TED THIS
DA Y OF
,20
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Commission Member
z: \shared\fonns\PC applications\primaryplat
Rev. 01/05/04
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KEELER- WEBB ASSOCIATES
Consu{ting P.ngineers -P{anners -Surveyors
486 GRADLE DRIVE - CARMEL, INDIANA 46032
PHONE (317)574-0140 - FAX (317)574-1269
January 6, 2005
Attn: Plan Commission member
Carmel/Clay Plan Gommission
One Civic Square
Carmel, IN 46032
Re.: Villas at Morgans Creek
Morgans Creek Court
Carmel, Indiana
KWA Project No.: 0408-036
PROJECT NARRATIVE
Mr. Jerry Corbier is the managing partner of the Covenant Group, LLC which is owner of the
6.393 Ac. +/- site. Covenant Group, LLC is proposing to provide 11/ots on the S1 zoned real
estate. The subject property is bounded on the West by low-density residential property
(Oakbrook) which is also zoned S1. The Woodfield Subdivision lies to the South and East of the
subject real estate and is also zoned S1. The property is bounded on the North and Northeast by
low-density residential property, which is being used as low density residential and wildlife
preserve, and are also, zoned S 1.
We are requesting approval for Primary Plat and the two specified waivers by the Plan
Commission. Upon gaining approval from the plan commission we plan to seek Secondary Plat
approval from DOCS and the T AC agencies. The size and shape of the subject real estate
requires a single, long cul-de-sac. The design of the proposed cul-de-sac is unique to this project
and incorporates a bridge over the Mitchner Ditch to the East side of the site. All necessary
utilities needed to serve the subdivision are located in the Gray Road right-of-way.
The attached preliminary plat will meet the required open space requirements. All building
fa9ade materials will be designed to fully comply with the attached Conditions, Covenants, and
Restrictions for the subdivision. The subdivision will comply with the Landscaping and the
Exterior Lighting Ordinances. Covenant Group, LLC has a direct interest in developing the
subdivision with architecturally appealing custom villa homes (in the $400,000 - $500,000 range).
The subdivision will also provide perimeter green space, common areas, tree preservation areas,
new infrastructure and road improvements.
We thank you in advance, for your assistance on this project. If you have any questions or
concerns, please do not hesitate to contact us at any time.
Respectfully,
KEELER-WEBB ASSOCIATES
Adam DeHart, LS
Project Manager
C:\My Documents\LETTERS\0408-036_ VILLAS-PC.doc
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Fee: 5750.00 plus 5100.00 per lot ($250.00 plus 5100.00 per lot)
DATE: August 20, 2004
DOCKET NO.
The undersigned agrees that any' construction, reconstruction, enlargement, relocation or
alteration of structure, or any change in the use of land or structures requested by this
application will comply with, and conform to, all applicable laws of the State of Indiana, and the
"Zoning Ordinance of Carmel, Indiana - 1980", adopted under the authority of Acts of 1979,
Public Law 178 Sec. 1, et seq, General Assembly of the State of Indiana, and all Acts
amendatory thereto.
Name of Applicant: Covenant Group, LLC
Phone No.
848-3484
Fax No.
848-5403
Address of Applicant: 411 North Rangeline Road Carmel. rn 46032
Phone No. 848- 3484
Name of Owner: '
Jerry Corbier
Name of Subdivision:
Villas at Morgan Creek
Legal Description: (To be typewritten on separate sheet and attached)
Area (in acres): 6. ~9 3 Number of Lots:
to be dedicated to public use: 0.14
12
Length (in miles) of new streets
Surveyor certifying plat:
Adam DeHart
Address: 4Rh 11T'::1n'~ 'Qdve r,::1rm~'. 14~3~cPhone No. 574-0140
********~***************************** AI. A AI. AA*******************************ST A TE OF I ND lANA,
COUNTY OF H ~m; 1 tnn , S5:
The undersigned having been duly sworn, upon oath says that the above information
is true and correct as he or she is infted and believes.
SIGNATURE OF APPLICA~ . print::T~ t.. - c..o~tcP-
Subscribed and sworn to before me this 2. 0 day of A\JC00$ T I 20 bY ) ~l ~ ~
C:t~& ~( cffO^e
Notary Public
My Commission Expires: SePT, Z'3 i VX::>-Z
*****AAAAAAAAAAAAAAAAAA~AAAAAA~AAAAAAA1AAA1AAAAA1AAAAAAAAAAAAA!!!AAAAAAA1AA!'.
5.1.10 Application for Primary Plat Two (2) copies, or more if necessary. of the primary plat
and of ,~he construction plans together with supporting documents shall be submitted to the Director of
Current Planning with this application. Th~~~ pl~n~ t~ b~ tti~trihllt~ti t~ ~II T~~hni~~1 Anvi~ar:y
Cnmmitt~~~lIthariti~~ hy ~ppli~ant
FEE: Received by:
Z: \sh ared\fo.rms\P C appl icatio n s\pri ma rypl at
01/05/04
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SUBDMSION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Contact Person: Adam DeHart
Telephone No. 574-0140
Cannel.. Indiana 46032
Address:
486 Gradle Drive
PROJECT NAME: Vi 11 ~~ ~t Mn-rg~n Creek
PROJECT ADDRESS: 14309 North Gray Road
APPLICANT NAME: Covenant GrouP.. LLC
Land Owner
ADDRESS: 411 North Rangeline Road r!~nnpl J TN 4h03~
TELEPHONE: R4R-34R4
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
6 . 3. 7 Subdivision Control Ordinance
Cul-de-Sac streets shall not exceed 600 t in length
State explanation of why variance is being requested:
The design, proposes a sipgle cul-de-sac measuring 718 + / -
State reasons supporting variance request:
Due to size limitations of the property, a cul-de-sac will be needed
to provide access to the eastern portion of the site beyond the legal
drain that crosses the property
Present zonIng: S-l
ner
THIS APPLICATION MUST BE SUBMITIED AT THE TIME OF THE PRIMARY PLAT
~'-
APPLICATION . VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
$
APPliCATION FEE
Z:\shared\fonns\PC applications\primaryplat 01/05/04
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SUBDIVISION REGULATION WAIVER
REQUEST APPLICATION
(Submit two (2) copies)
Fee: $750.00 plus $350.00 for each additional waiver request
Contact Person: Adam DeHart
Fax No. 574-1269
Telephone No. 574-0140
Address: Keeler-Webb Associates 486 Gradle Dr. Cannel, Indiana 46032
PROJECT NAME: Villas @ Morgan Creek
PROJECT ADDRESS: 14309 Gray Road Carmel, Indiana
APPLICANT NAME: Covenant, Group, LLC
ADDRESS:
411 North Rangeline Road Carmel, Indiana 46032
TELEPHONE: 848-3484
FAX: 848-3403
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
6.5. B a .'. lot width and setback requirrnents that apI)lied to the
adjoining subdivisions.
State explanation of why variance is being requested:
Reduce 1) the front yard setback to 20' and 25' for
front load garage
2). the side yard setback' to .5' 3). aggregate side yard to 12 '
4). frontage to 65'
State reasons supporting variance request:
Negotiated front, side and rear yard setbacks with Oakbrook and
Woodfield Hamernvners Associations
Present zoning: 8-1
NOTE: THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY
PLAT APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
$
APPLICATION FEE
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KEELER- WEBB ASSOCIATES
Consu{ting P.ngineers-Pfanners-Surveyors
486 GRADLE DRIVE - CARMEL, INDIANA 46032
PHONE (317)574-0140 - FAX (317)574-1269
December 21,2004
Attn: Matt Griffin
Carmel Department of Community Services
One Civic Square
Carmel, IN 46032
Re.: Villas at Morgans Creek
Morgans Creek Court
Carmel, Indiana
KWA Project No.: 0408-036
REQUEST TO BE WITHDRAWN
Keeler-Webb Associates is acting as agent surveyor/engineer for Covenant Group, LLC who is
the owner and developer for the above project. As you know, the project is currently being
reviewed by the Subdivision Committee before continuing on to the Plan Commission for
approval of the primary plat.
We respectfully request, that the Carmel Department of Community Services allow the petitioner
to withdraw the waiver of the ROSa for clearing young and scrub woodlands. We are
withdrawing the waiver based upon the latest Flora and Fauna report authored by Vine & Branch,
dated December 14, 2004. This report and all supporting data as requested by Scott Brewer
have been delivered to his attention, and a copy is attached for final review and approval.
We thank you in advance, for your assistance on this project. If you have any questions or
concerns, please do not hesitate to contact us at any time.
Respectfully,
KEELER-WEBB ASSOCIATES
/lLillk-
Adam DeHart, LS
Project Manager
AD:ad
Enclosed:
Vine & Branch report
Plan Commission packet
Supplemental Subdivision Committee packet
Revised Landscaping and Tree Preservation Plans
Waiver
C:\TEMP\0408_036_ VILLAS_ WITHDRA W.doc
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SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Contact Person: Adam DeHart
Telephone No.
574-0140
Address:
486 Gradle Drive
Carmel. Indiana 46032
PROJECT NAME: \Ti 11 ,q ~ ,qt Mryrg,qn ~~~k
PROJECT ADDRESS: 14309 Gray Road
APPliCANT NAME: ~n~TPY1 ~:rn~ (1-ml1p. T J C
Land Owner
ADDRESS: 41~ North Rangeline Road ~~nT1pl 1 TN 4f)()3?
TELEPHONE:
848-3484
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requ~~ed:
7 . 5. 7 No more than 15% of mature woodlands shall be cleared
No more than 30% of young woodlands shall be cleared
State explanation of why variance is being requested:
In order to pro~erly de~elop tEe site it is necessary to remove
trees for installation of infra-structure and building pads.
State reasons supporting variance request:
In order to develop the site. more trees will need to be removed
than allowed by the open space requirements
Present zoning: S~l
lHIS APPUCA TION MUST BE SUBMITIED AT THE TIME OF THE PRIMARY PLAT
APPLICATION . VARIANCE REQUEST MUST BE INCLUDEDWITII THE PUBliC ----
NOTICE FOR THE PRIMARY PLAT.
$
APPliCATION FEE
Z:\shared\fonns\PC applications\primaryplat 01/05/04
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KEELER-WEBB ASSOCIATES
Consulting Engineers-PLanners-Surveyors
486 GRADLE DRIVE
CARMEL, INDIANA 46032
PHONE (317) 574-0140
E-mail: jnfoCkeelerwebb.com
FAX (317) 574-1269
U.G. MITCHNER SHED
#275
ZONED 5-1
ZONED R-1
- THE HYDROLOGICAL UNIT CODE FOR THE WHITE RIVER-VESTAL DITCH/MICHENER DITCH
WATERSHED IS 05120201090020
AREA LOCA TlON MAP
'i
1 inch =
500 ft.
10/25/2004
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CITV OF CARMEL & CLA V TOWNSI-llP SUBDIVISION CONTROL ORDINANCE
EXHIBIT A
OPEN SPACE SCHEDULE
SUBDIVISION NAME: Villas @ Morgans Creelc
1.
2.
3.
4.
5.
SITE ACREAGE 6.393 :f:
ZONE DISTRICT 8-1
MINIMUM OPEN SPACE REQUIREMENT (SOSR) 20%
OPEN SPACE PROVIDED (OSP) 20%
PRIMARY CONSERVATION AREAS
acres
/1.279
/ 1.279
acres
0 Well-head Protection Area
~ FEMA/IDNR 100 year Flood Fringe
0 White River Corridor
0 Steep slopes (10%)
0 Mature Woodland
0 Special Opportunity Corridor (identify)
0 Other
10 FEMA/IDNR 100 year Floodway
o Wetlands (> 1/4 ac.)
o Scrub Woodland
o Young Woodland
o Historic Structures/Sites
6. NATURAL OPEN SPACE PROVIDED
7. AGRICULTURAL OPEN SPACE
8. DESIGNED OPEN SPACE
o Square 0 Parks
o Boulevard 0 Greenbelt
o Trai Is 0 Golf Courses
83.65~ 1.134
/
11.351 0.145
acres
acres
acres
0 Green
0 Paths
0 Pond (see below)
~ Other Planting strips along Gray Road
9. CONSERVANCY LOTS no. lots acres
10. PONDS total measured perimeter (in linear feet) I.f.
total measured accessible perimeter (not bounded) _I.f. %
Chapter 7: Open Space Standards For Major Subdivisions
7-12
as amended per Z-346
Summer 2002 vI
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COVENANT GROUP LLC
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I Hinkley Lighting ~ Products ~ Product Details
Page 1 of 1
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Height: 29 3/4"
Material: Cast Aluminum
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DRAFT 12/22/2004
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DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF
VILLAS
at MORGAN'S CREEK
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TABLE OF CONTENTS
S E C TI ON 1. DE F IN I TI ON S. .............................................................................................................................. 3
S E CTI ON 2. IN GENERAL. .............................................................................................................................. . 4
SECTION 3. PHYSICAL CHARACTERISTICS OF THE DEVELOPMENT. ................................... 5
SECTION 4. CONSTRUCTION PROVISIONS. ........ .......... ..................... ..... ................. ........................ ..... 6
SECTION 5. MEMBERSHIP IN THE ASSOCIATION ............................................................................ 9
SECTION 6. RESTRICTIONS ON THE USE OF THE REAL ESTATE............................................ 10
S ECTI ON 7. ENF 0 R CEMENT. ............................................ ........................................................................... 11
SECTION 8. ASSESSMENT AND COLLECTION OF COMMON EXPENSES. ........................... 12
SECTION 9. ARCHITECTURAL CONTROL COMMITTEE. .............................................................. 14
SECTION 1 O. RIGHTS OF MORTGAGEES. ............. ..... ............ .............. ..... ..... ........... ..... ......... ............... 15
SECTION 11. INSURANCE. ............................................................................................................................ 15
SECTION 12. DAMAGE TO OR DESTRUCTION OF PROPERTY. .................................................17
SECTION 13. RIGHTS TO NOTICE AND HEARING. ........................................................................... 17
SECTION 14. BOARD OF DIRECTORS. .................................................................................................... 17
SECTION 15. OPEN MEETINGS. ..................................................................................................................18
SECTION 16. CONDEMNATION OF COMMON AREA...................................................................... 19
SECTION 17. GENERAL PROVISIONS. .................. .................................... ..... ...... ..... .............................. 19
ARCHITECTURAL.. CONTROL OVID ELINES............. ..... ... ..... ..... ... ..... ............................ .... .... ..... ......... 21
EXHIB IT A............................................................................................................................. . .... . ..... ..................... 23
DRAFT 12/22/2004
Page 2 of 23
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V~LLAS AT MORGAN'S CREEK COVENANTS, CONDITIONS AND RESTRICTIONS
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THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF VILLAS AT MORGAN'S
CREEK (the "Declaration") is made this _ day of 200-, by Covenant Group, LLC, an Indiana
limited liability company, hereinafter referred to as "Declarant".
WHEREAS, Declarant is the sole owner of the fee simple title to certain real estate located in Hamilton County, Indiana, more
particularly described in Exhibit" A" attached hereto and incorporated herein by this reference, consisting of approximately 6
acres (the "Real Estate"); and
WHEREAS, Declarant desires to preserve the character of the Real Estate and to protect the property values within the Real
Estate; and
WHEREAS, Declarant intends to sell the Real Estate restricting it in accordance with a common plan designed to preserve the
value and residential qualities of the Real Estate for the benefit of its future owners; and
WHEREAS, Declarant intends to restrict the uses of the Real Estate in accordance with a common plan as stated in this
Declaration; and
WHEREAS, Declarant has formed (or intends to form) the Association (as defined herein) for the purpose of carrying out the
power and duties aforesaid.
NOW, THEREFORE, Declarant hereby declares that the Real Estate, and any additional property as may by subsequent
amendment be added to and subjected to this Declaration, shall be held, transferred, encumbered, used, sold, conveyed, leased
and occupied subject to the covenants and restrictions contained in this Declaration which shall "run with the land" expressly
and exclusively for the use and benefit of the Real Estate and of each and every person or entity who now or in the future owns
any portion or portions of the Real Estate and which shall be binding on all parties having any right, title or interest in the Real
Estate.
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SECTION 1. DEFINITIONS.
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The following terms used in this Declaration shall have the following meanings:
Section 1.1 Association. "Association" means VMC Homeowners' Association, Inc., its successors and assigns, a to be formed
Indiana not-for-profit corporation, which will be the incorporated association of all Owners in the Real Estate, more particularly
described in Section 5 of this Declaration.
Section 1.2 Board of Directors. "Board of Directors" or "Board" means the governing body of the Association elected by the
Owners in accordance with the By-Laws.
Section 1.3 Building. "Building" means all structures erected on the Real Estate, including Residences, garages, accessory
buildings, outbuildings, or covered and enclosed permanent structures of any land.
Section 1.4 Builder. "Builder" means the person, firm or entity (including the Declarant) constructing the first Residence on each
Lot.
Section 1.5 Bv-Laws. "By-Laws" means the By-Laws of the Association providing for the administration and management of
the Association.
Section 1.6 Committee. "Committee" means the Architectural Control Committee which shall be constituted and governed as set
out in Section 9 of this Declaration.
Section 1.7 Common Area. "Common Area" means those portions of the Real Estate designated "C.A." or "Common Area" on
the Plat.
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Section 1.8 Common Expenses. "Common Expenses" means the expenses of administration of the Association, expenses for the
upkeep, maintenance, repair and replacement of the Common Area and other costs and expenses incurred by the Association for
the common benefit of the Owners.
Section 1.9 Declarant. "Declarant" means Covenant Group, LLC, an Indiana limited liability company, and any successor or
assignee of its interest in all or part of the Real Estate or in this Declaration under an instrument or instruments which expressly
state that the successor or assignee thereunder shall become the Declarant for purposes of this Declaration.
Section 1.10 Delinquencv Date. "Delinquency Date" means the date, which is ten (10) days after the due date of any Regular or
Special, Assessment.
Section 1.11 Drainage Easements. "Drainage Easements" means the easements labeled "D.E." on the Plat which have been
created to provide paths and courses for area and local storm drainage either over land or in adequate underground conduits to
serve the needs of the Real Estate, the lands adjoining the Real Estate, and the public drainage system.
DRAFT 12/22/2004 Page 3 of23
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Section 1.12 Ingress-Egress Easements. "Ingress-Egress Easements" mean the easements labeled "I.E." on the Plat, which have
been created to prbvide ingress and egress to, over and from the Real Estate.
Section 1.13 Lot. "Lot" means one of the numbered lots as shown on the Plat of the Real Estate.
Section 1.14 Mortgagee. "Mortgagee" means the holder of any first mortgage on any Lot or Residence and other improvement
constructed on a Lot.
Section 1.15 Owner. "Owner" means a person, firm, corporation, partnership, trust or other legal entity or, any combination
thereof, including Declarant, which owns the record fee simple title to a Lot; provided that persons or entities owning a single
Lot as tenants in common, joint tenants, tenants by the entireties or any form of joint or divided ownership, shall be deemed one
Owner for purposes of this Declaration, and provided further that any person holding record fee simple title for purposes of
security only shall be excluded.
Section 1.16 Plat. "Plat" means the Master Development Plan of the Real Estate prepared by Keeler-Webb Associates attached
to this Declaration as Exhibit "B" and incorporated by this reference, the Plat.
Section 1.17 Real Estate. "Real Estate" means the real estate described in Exhibit A together with any additions thereto as
provided in this Declaration.
Section 1.18 Residence. "Residence" means a single-family dwelling constructed on a Lot.
Section 1.19 Sewer Easements. "Sewer Easements" mean the easements labeled "S.E." on the Plat which have been created for
the use of the utility having jurisdiction over the storm and sanitary waste disposal systems for the purpose of installation and
maintenance of sewers.
Section 1.20 Vehicle. "Vehicle" means motor homes, motor-powered conveyances, boats, trailers, campers, motorcycles,
scooters, trucks, vans, tractors, tractor-trailers, buses and automobiles.
SECTION 2. IN GENERAL.
Section 2.1 Name. The Real Estate shall be known and designated as "Villas at Morgan's Creek".
Section 2.2 Residential Development. The Real Estate and each Residence constructed within the Real Estate shall be used by its
Owners and occupants exclusively for residential purposes. No commercial building (recreational facilities constructed on the
Common Area shall not be 'considered commercial buildings) shall be erected, altered, placed or permitted to remain on any
portion of the Real Estate. No business activity or business shall be carried on or conducted from a Residence except for home
occupations permitted under applicable zoning laws as approved by the Committee. Leasing of a Residence for residential
purposes shall not be considered a business or business activity as long as the lease meets the requirements of this Declaration
applicable to the particular Residence.
Section 2.3 Governmental Restrictions. The Real Estate and all Lots and Residences constructed upon Lots shall be subject to
the zoning ordinances and regulations of the applicable governmental authorities, all of which are incorporated by reference.
Section 2.4 Effect on Owners. The Owners of any Lot subject to this Declaration by acceptance of a deed conveying title thereto
or in the execution of a contract for the purchase thereof, whether from Declarant ora subsequent Owner of such Lot, shall
accept such deed and execute such contract subject to each and every restriction and agreement herein contained. By acceptance
of such deed or execution of such contract, the Owner acknowledges the rights and powers of Declarant and the Committee with
respect to these restrictions and also for themselves, their heirs, personal representatives, successors, and assigns, such Owners
covenant and agree and consent to and with Declarant and to and with the Owners and subsequent Owners of each of the Lots
affected by these restrictions, to keep, observe, comply with and perfonn such restrictions and agreements.
Section 2.5 Owner's Easement of Eniovment. Every Owner shall have a right and easement of ingress and egress in and to, and,
use and enjoyment of the Common Area, which shall be appurtenant to and shall pass with the title to every Lot, subject to:
(i) the right of the Association to charge reasonable admission and other fees for the use of any Common Area and to
impose reasonable limits on the number of guests who may use such facilities;
(ii) the right to suspend use of any such facilities for any period during which any assessment for Common Expenses
against that Owner's Lot remains unpaid, and for any violation by an Owner of the Association's rules and regulations,
for the duration of the violation and for an additional period thereafter not to exceed thirty (30) days. The Association
may suspend the voting rights use of an Owner for any period during which any assessment against sucli Owner's Lot
remains unpaid; and for the duration- of any violation and for a period thereafter not to exceed thirty (30) days for any
infraction of the Association's published rules and regulations.
(iii) the Declarant's reserved easements as described herein and the right of the Declarant to grant easements in and to the
Common Area to any public agency, authority, or utility for such purposes as benefit only the Development or portions
thereof and Owners or Lots contained therein;
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(iv) the right of the Association to borrow money for the purpose of improving the Common Area or any portion thereof,
for acq~.iring additional Common Area or for constructing, repairing, or improving any facilities located or to be
located thereon, and to give as security for the payment of any such loan a mortgage conveying all or any portion of the
Common Area, provided two-thirds (2/3) of each class of Members shall approve; provided, however, the lien and
encumbrance of any such mortgage given by the Association shall be subject and subordinate to any and all rights,
interests, options, easements, and privileges reserved or established in this Declaration for the betiefit of Declarant or
. any Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Owner
encumbering any Lot or other property located within the Development; and
(v) the right of the Association to dedicate or transfer all or any portion of the Common Area to any public agency,
authority, or utility for such purposes and subject to such conditions as may be agreed to by two-thirds (2/3) of the
Members of the Association.
This Section 2.5 may not be amended without the written consent of Declarant during the time that Declarant owns any property
subject to this Declaration.
Section 2.6 Delegation of Use. No Owner may delegate his or her right of enjoyment to the Common Area to any other
individual without the prior written consent of the Association, provided. however, any Owner may delegate in accordance with
the provisions of this Declaration and the rules or regulations of this Declaration and the rules or regulations promulgated by the
Association his right to enjoyment and use of the Common Area and facilities to a member of his family, his tenants or contract
purchaser who reside on any Lot.
Section 2.7 Owner's Right to Ingress, Egress and Support. Each Owner shall have the right to ingress and egress over, upon, and
across the Common Area necessary for access to his or her Lot and shall have the right to lateral support for his or her Lot, and
such rights shall be appurtenant to and pass with the title to each Lot.
Section 2.8 Rules and Regulations. The Board of Directors of the Association may establish reasonable rules and regulations
concerning the use of the Common Area, facilities located thereon, and individual Lots in the Development, as appropriate.
Copies of such regulations and amendments thereto shall be furnished by the Association to all Owners prior to the rule's
effective date. Such regulations shall be binding upon the Owners, their families, tenants, guests, invitees, and agents until and
unless such regulation, rule, or requirement shall be specifically overruled, canceled, or modified by the Board of Directors of
the Association or the Members by two-thirds (2/3) vote of each class of Members. In addition, the Association, through its
Board, may, by contract or other agreement, enforce county ordinances or permit Hamilton County to enforce ordinances
affecting the Development for the benefit of the Association and its Members.
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SECTION 3. PHYSICAL CHARACTERISTICS OF THE DEVELOPMENT.
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Section 3. I Ownership of Common Area. The Common Area shall be conveyed to or owned by the Association as indicated in
this Section, and shall be held for the use and enjoyment of the Owners. AIl Owners shall have a right and easement of ingress
and egress in and to, and use and enjoyment of the Common Area, which right shall pass with title to every Lot, subject to the
provisions of this Declaration including, but not limited to the following:
Section 3.1.1 The Common Area shall be conveyed to the Association on or prior to the conveyance of the last Lot
owned by Declarant in the Development to a homeowner or Builder; provided, however, that expenses relating to the
maintenance of the Common Area are to be included within the Association's budget trom the time of conveyance of
the first Lot.
Section 3. 1.2 The Declarant may develop and construct improvements on any portion of the Real Estate designated as
Common Area.
Section 3.1.3 If by reason of inexactness of construction, settling after construction or for any other reasons,
improvements on any Common Area encroach upon any Lot, an easement shall be deemed to exist and run to the
Association for the maintenance, use and enjoyment of such Common Area.
Section 3.2 Maintenance of Common Area. The Association shall maintain, repair and replace all of the Common Area
including but not limited to the entry ways, the lakes, walking paths, Villas at Morgan's Creek signs, community building,
landscaping, pathways to the Common Areas, and any other improvements on the Common Area in the manner deemed
necessary and appropriate by the Board in its sole discretion and shall provide such other services as the Board shall determine
appropriate. The Association shall maintain the drainage areas.
Section 3.3 Easements. Perpetual and non-exclusive Drainage Easements, Sewer Easements, and Utility Easements for the
purposes of the installation, maintenance, repair and replacement of all sewer, water, storm water, power and telephone lines,
pipes, conduits, transformers, or cable television facilities are reserved as shown on the Plat. Ingress-Egress Easements are also
reserved as shown on the Plat. Within these easements, no structure, or other material shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance of utilities or which may change the direction or flow of
drainage or which may obstruct or retard the flow of drainage. Fencing as well as plants, trees and other vegetation are allowed
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in the easements ~ubject to any other restrictions on landscaping contained in this Declaration or any other Declaration
applicable to the R.eal Estate.
Section 3.4 Streets. Until acceptance by the appropriate governmental unit, all streets within the Real Estate shall be considered
to be Common Area.
Section 3.5 Underground Utilities. All utilities including but not limited to water, gas, electric, sewer and cable television shall
be installed underground.
Section 3.6 Sidewalks. Sidewalks no less than four (4) feet in width shall be constructed across that portion of each Lot which is
considered to be the front, and the installation and maintenance of said sidewalk shall be installed by the Builder concurrently
with the construction of the Residence and shall be installed not later than the date of initial occupancy of the Residence.
Section 3.7 Declarant's Reserved Easement. Notwithstanding any provisions contained in the Declaration to the contrary,
Declarant hereby expressly reserves unto itself and its successors and assigns a nonexclusive, perpetual right, privilege, and
easement with respect to any property in the Real Estate, for the benefit of Declarant and its successors and assigns over, under,
in, and on the Real Estate, without obligation and without charge to Declarant, for the purposes of construction, installation,
relocation, development, sale, maintenance, repair, replacement, use and enjoyment and otherwise dealing with the Real Estate
and any other property now owned or which may in the future be owned by Declarant. The reserved easement shall constitute a
burden on the title to all or any portion of the Real Estate and specifically includes, but is not limited to:
(a) the right of access, ingress, and egress for vehicular and pedestrian traffic over, under, on, and in all or any portion of
the Real Estate; and the right to tie into any portion of the Real Estate with driveways, parking areas, streets, the
drainage system and walkways; and the right to tie into and/or otherwise connect and use (without a tap-on or any other
fee for so-doing), replace, relocate, maintain, and repair any device which provides utility or similar services, including,
without limitation, electrical, telephone, natural gas, water, sewer, and drainage lines and facilities constructed or
installed in, on, under, and/or over all or any portion of the Real Estate;
(b) the right to construct, install, replace, relocate, maintain, repair, use and enjoy signs, model residences, sales offices,
construction offices and business offices as, in the sole opinion of Declarant, may be required, convenient or incidental
to the construction and sale by Declarant of residences in all or any portion of the Real Estate or in" any portion of the
Additional Land; and
(c) the right to maintain a sales and marketing office for the Real Estate within the Common Area without cost to
Declarant until Declarant no longer owns any Lots in the Real Estate.
(d) The right for a Builder, as approved by Declarant, to perform sales and marketing operations from a model home for up
to three years after Declarant no longer owns any Lots in the Real Estate.
No rights, privileges, and easements granted or reserved herein shall be merged into the title of any property within the Real
Estate, but shall be held independent of such title, and no such right, privilege, or easement shall be surrendered, conveyed, or
released unless and until and except by delivery of a quitclaim deed from Declarant releasing such right, privilege, or easement
by express reference thereto with respect to all or any portion of the Real Estate. Declarant may grant to a builder of Lots within
the Real Estate similar rights as granted to Declarant under (b) and (c) above.
This Section 3.7 may not be amended without the advance written consent of Declarant as long as Declarant owns one or more
Lots.
SECTION 4. CONSTRUCTION PROVISIONS.
Section 4. lOne Residence. Only one Residence shall be constructed on any Lot.
Section 4.2 Minimum Residence Size. Each Residence in the Real Estate shall contain at least three (3) bedrooms and two (2)
full bathrooms. The following minimum sizes shall apply to each Residence constructed on a Lot:
Section 4.2.1 One story Residences shall have finished ground floor area of not less than 2,000 square feet above
finished grade.
Section 4.2.2 One and One-Half story Residences shall have a finished ground floor area of not less than 1,800 square
feet above finished grade and a total finished area of not less than 2,300 above finished grade.
Section 4.2.3 Two-story Residences shall have a finished ground floor area of not less than 1,600 square feet above
finished grade and a total finished area of not less than 2,750 square feet above finished grade.
For purposes of this Section 4.2, ground floor area shall be determined from the area of the Residence measured from the outside
of the building foundations exclusive of open porches, breezeways, garages, chimneys and eaves. The Committee may make
these minimum sizes more restrictive as it deems necessary, in its sole discretion, to maintain the integrity of the neighborhood.
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The provisions o( this Section 4.2 may be waived by the Committee upon application in writing by any Lot Owner. No waiver
will be valid unle~and until it is properly signed by a member of the Committee and placed of record in the Office of the
Recorder of Hamilton County, Indiana.
Section 4.3 Maximum Height. No single family Residence shall exceed the height allowed in Cannel zoning for S-1 residential.
Section 4.4 Construction of Sewage Lines. All sanitary sewer lines within the Lots shall be designed and constructed in
accordance with the provisions and requirements of City of Carmel, Cannel, Indiana.
Section 4.5 Setback. No Residence, Building or other pennanent structure shall be located on any Lot nearer to the boundaries of
the Lot than the minimum setback lines as shown on the Plat or the setback restriction in effect at the time of construction as
established by Cannel, Indiana, if any. For the purposes of this covenant, eaves, steps and open porches shall not be considered
as part of a Residence; provided, however, that this provision shall not be construed to permit any portion of a Residence on a
Lot to encroach upon any other Lot in the Real Estate. Setbacks are as follows:
Front: Front Load Garage - 20ft' with Sft garage offset
Side Load Garage - 20ft
Rear Load Garage - 20ft
Side Yard: Sft minimum/12ft aggregate
Rear: 15ft
Section 4.6 Prohibited Building Styles. Modular construction or modular homes will not be permitted upon any Lot in the Real
Estate. Panelized construction may be allowed upon approval by the committee. No used Residences will be relocated or placed
on any Lot with the exception of construction and sales offices to be maintained by Declarant. The finished exterior of every
Residence constructed or placed upon a Lot shall be of a masonry or wood product material or as approved by the committee.
Section 4.7 Minimum Exterior Masonry Reauirements. The finished front exterior of every Residence shall have a
minimum of three hundred (300) square feet of brick or other masonry material approved by the Committee. All homes
shall be masonry water table wrapped on the first floor unless approved by the Architectural Control Committee. All
exterior fireplace chimneys or fireplace flues must have a masonry exterior unless another material is approved by the
Committee.
Section 4.8 Solar Devices. No artificial or manmade device which is designed or used for collection of or heated by solar energy
or other similar purpose shall be placed, allowed or maintained upon any portion of the Real Estate including any Residence
without the consent of the Committee.
Section 4.9 Antennas and Towers. No television, cable, radio, short-wave or other antenna, pole or tower shall be placed,
constructed or maintained upon the roof or exterior walls of any Residence, or within the Real Estate, without the consent of the
Committee.
Section 4.10 Garbage Disposals and Sanitary Sewer.. Water. All Residences shall be equipped with a mechanical device for the
grinding and disposal of garbage and food waste in the kitchen( s) which shall discharge to the sewer drain. All sewage disposal
shall be connected with the sanitary sewer system of the utility providing such service to the Real Estate. No septic tanks,
holding tanks or cesspools shall be constructed or permitted to remain anywhere within the Real Estate. No private or sem.i-
private water supply system may be located. anywhere within the Real Estate. Each Owner shall connect to domestic water
service provided by a public or private utility company and shall pay all connection, availability or other charges lawfully
established with respect to such connection.
Section 4.11 Fences.. Mailboxes and other Structures. In order to preserve the natural quality and aesthetic appearance of the
existing geographic areas within the Real Estate, any fence, flag pole, basketball goal or similar structure must be approved by
the Committee as to size, location, height and composition before it may be installed. In general, wood and chain link fences
will not be approved Each Residence shall pay for a mailbox to be installed by the Declarant. All mailboxes shall be of the
same design and approved by the Committee. No names, designs or other ornamentation shall be placed on any mailboxes or
their supporting posts or structures other than street address numbers. No Fences shall be allowed except where required by law
and/or approved by the Committee. No outdoor pet enclosures of any kind except for "invisible fences" (underground, electronic
or otherwise) shall be permitted without prior approval of the Committee.
Section 4.12 Light Fixtures. Each Residence shall have at least one light fixture at the main entry door. Each Residence shall
have at least one post light adjacent to the driveway-sidewalk intersection. Each Residence shall have one gas lanterns with
automatic shutoff/ignition on the front of the house visible from the street.
Section 4.13 Exterior Construction. The following requirements shall be applicable unless the Committee shall approve
otherwise:
(a) all utility facilities in the Development will be underground except where required to be placed above-ground by
the individual utility supplier;
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(b) wh~never possible, all utility meters and HV AC units in the Real Estate will be located in places unseen or
screened:&om the. front of the Residences;
( c) no outside fuel storage tanks will be pennitted above or below ground in the Real Estate;
(d) all windows in the Real Estate will be wood factory or on-the-job painted; no raw aluminum windows will be
pennitted;
(e) all gutters and down spouts in the Real Estate will be factory or on-the-job painted;
(t) all roof pitches of Residences shall be asfollows: one story (9/12); one and one-halfstory (8/12); two story (8/12)
or greater unless otherwise permitted by the Committee;
(g) no metal, fiberglass or similar type material awnings or patio covers will be permitted within the Real Estate,
unless otherwise permitted by the committee.
(h) no above-ground swimming pools or trampolines will be pennitted anywhere within the Real Estate;
(i) each Residence shall have at least a two-car garage attached to the Residence of the same architectural design and
materials, and with a finished dry wall interior. Each Residence must install automatic garage door openers to
keep the garage generally closed and the contents not in view; and
G) driveways must be concrete, no less than twelve (12) feet in width and extend from their point of connection with
the abutting street or road to a point of connection with the garage entry.
(k) soffit material must be Hardi-soffit or equal.
(I) siding material must be cedar, cedar shake, Hardi-plank, Abitico Great Random Shake or equal. No T-111,
vinyl or aluminum siding will be allowed..
, (m) front doors will be wood or stainable fiberglass. No metal front doors will be allowed.
(n) garage doors will be carriage style doors with decorative metal hinges and straps.
(0) exterior chimney chases shall be masonry or EIFS.
(P) facia/material will be cedar, spruce or equaL
(q) all homes will havefull basements unless approved in advance by the Architectural Review Committee.
(r) roofing material shall be 30 year dimensional asphalt shingle or better.
(s) architectural style shall be Old World European unless approved in advance by the Architectural Review
Committee.
(t) Lots 1 thru 11 have a 15' tree preservation easement across the back of the lot. No trees with a 6 inch or greater
caliper trunk may be cut down in this are without the prior approval of the Architectural Review Committee.
Section 4.14 Submission of Documents. No Residence, Building or other permanent structure shall be erected, placed or altered
on any Lot until the construction plans and specifications, landscaping plan, and a plan showing the location of the structure
upon the Lot have been approved by the Committee as to quality of workmanship and materials, harmony of external design
. with existing structures, and as to location with respect to topography and finished grade elevation. Approval or disapproval as
required in these covenants by the Committee shall be in writing. In the event the Committee fails to approve or disapprove any
plans and specifications within thirty (30) days after such plans and specifications have been submitted to it, or in any event, if
no. suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and the
related covenants shall be deemed to have been complied with fully.
Section 4.15 Responsibilities During Construction.
Section 4.15.1 When the basement and/or foundation of a Residence is constructed, stone shall be installed over the
path of the driveway and shall be level with the curb at the Lot line to avoid curb breakup.
Section 4.15.2 No track vehicles or heavy equipment vehicles shall be operated or unloaded on any street.
Section 4.15.3 No construction vehicles, shacks or outhouses shall be erected or situated on any Lot herein, except for
use by a Builder during construction of a proper structure, which Builder's temporary construction structure shall be
promptly removed upon completion of the proper structure.
Section 4.15.4 During the construction period, the Lot shall be maintained in a clean and orderly manner at all times.
All loose shingles, lumber, bricks, block, drywall, insulation, or other building material which can blow onto adjacent
Lots shall not be left lying around. Construction trash shall be contained in a dumpster and such dumpster shall be
removed from the Lot as needed.
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Section 4.15.5 The Lot Owner, shall be responsible for removal of dirt, mud, or debris or other foreign material of any
kind which may be deposited upon the road, to include Morgan's Creek Court and Gray Road, or easements from
construction on the Lot. If such deposits occur, the Lot Owner shall make provisions to remove such deposits within
one (1) day or the Committee may remove such deposits arid charge the Lot Owner.
Section 4.15.6 All Utility services to the Lot, including but not limited to water, power, sanitary sewers, telephone and
. - cable, shall be shown on the plat and said service shall not undermine the curbs or alter the subsurface or surface
drainage system.
Section 4.16 Drainage. The drainage plan required to be submitted to the Committee shall show the topography of the Lot and
the proposed method of drainage. In the event that 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 specific drainage easement for such flow of water
is provided on the Plat. To the extent not maintained by the drainage board or by the Association as provided in this Agreement,
"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. The elevation of a Lot shall not be
changed so as to affect materially the surface elevation or grade of surrounding Lots. Perimeter foundation drains, sump pump
drains and down spouts shall not be discharged into streets or street rights-of-way. These drains shall be connected whenever
feasible into a subsurface drainage tile. 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.
Section 4.17 Landscaping. All lawns are to have full irrigation. Sod, front and side yards, hydro-seeding of front and side
yards may be approved by developer if submitted in advance of the commencement of construction depending on the time of
year. Purchaser or. builder shall provide the developer with two (2) copies of a landscape design plan which shall detail the
layout of the beds, the type of mulch and the size, type and number of plants. The plan shall incorporate two (2) flowering
fruit trees of 2-3 inch diameter and one shade tree at 2-3 inch diameter, all to be planted in the front yard. An evergreen of
appropriate size may be substituted for one of the flowering fruit trees. The Architectural Control Committee will review the
plan and approval will be granted in writing with a copy kept on file. Approval of the house plans will not be granted without
prior or simultaneous approval of the landscape design plan. The above description refers only to planting in the front of the
house with allowances for appropriately designed corner beds. It is estimated that approval will begin in the $3,500 range
(exclusive of sod or grass and any back yard planting). This will include the design fee, which is capped at $250 for purposes
of this calculation. All front yard landscaping, and the sodding, seeding and strawing of the Lot, shall be installed by the
Builder concurrently with the construction of the Residence and shall be installed not later than the date of initial occupancy of
the Residence; provided, however, that if construction of the Residence is completed or initial occupancy occurs between
November 1 of any year and March 31 of the next following, the installation of the landscaping may be delayed, but shall in any
event be completed not later than the following May 31.
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SECTION 5. MEMBERSHIP IN THE ASSOCIATION
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Section 5.1 The Organization. The Association is a non-profit corporation organized under the laws of the State of Indiana. Its
affairs shall be governed by and it shall have such powers as are set forth in the documents. It is the Association of Owners
within Villas at Morgan's Creek.
Section 5.2 Membership. Each Owner (including Declarant for so long as Declarant is an Owner) by virtue of being an Owner,
shall be a Member of the Association. No other person shall be accepted as a Member.
Section 5.2.1 Appurtenant to Ownership. Association membership is appurtenant to and may not be separated from the
ownership of a Lot. Membership shall terminate upon termination of Lot ownership. Ownership of a Lot shall be the
sole qualification for Association membership. Membership shall not be transferred, pledged or alienated in any way
except upon transfer of title to the Owner's Lot (and then only to the transferee of title to such Lot). Any attempt to
make a prohibited transfer is void. The rights, duties, privileges and obligations of all Members shall be provided in the
documents.
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Section 5.3 Classes of Membership. The Association shall initially have two (2) classes of Members:
Section 5.3.1 Class "A" Members. Each Owner except Declarant shall be a Class "A" Member. Only one (1) vote for
each Lot owned by a Class A Member(s) may be cast. The vote for each Lot shall be cast as a majority of co-owners of
the Lot shall determine. Any vote cast by a single Member shall be deemed the authorized vote for the Lot. If the
majority of co-owners present in person or by proxy at a meeting cannot agree as to how to cast the vote for their Lot,
no vote shall be cast for that Lot. The power to cast a particular Member's vote may be exercised by (i) the Member's
conservator; (ii) the guardian of his estate; (iii) the parent(s) entitled to custody of a Member if the Member is a minor;
or (iv) the executor or administrator of a deceased member's estate if the Member's interest in the Lot is subject to
administration in his estate.
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Section 5.3.2 Class "B" Members. Declarant shall be the sole Class "B" Member. The Declarant shall be entitled to
fourteenl>.(14) votes for each Lot it owns. Class B membership shall expire and shall be converted (the "Control Transfer
Date") to Class A Membership on the first to occur of the following events:
(a) When the Declarant sells the last lot it owns; or,
(b) When in its sole discretion the Declarant shall determine.
Section 5.3.3 Conversion of Class B Membership. Upon the conversion of Class B Membership to Class A
Membership, but while Declarant still owns one or more Lots, each provision of the documents which requires
approval by a certain percentage of each class of Members shall instead require: (i) the approval of said percentage of
all Members; and (ii) the approval of said percentage of all Members other than Declarant. After Declarant no longer
owns a Lot, each provision of the documents which requires the approval of a certain percentage of each class of
Members shall instead require the approval of said percentage of all Members.
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SECTION 6. RESTRICTIONS ON THE USE OF THE REAL ESTATE.
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In order to preserve the character of the Real Estate and to protect the property values therein and without intending to limit the
generality of the foregoing provisions, the following protective covenants and restrictions are imposed as a common scheme
upon the Real Estate and shall be applicable to each Lot and to each Residence constructed upon a Lot within the Real Estate.
Section 6.1. Parking. No vehicle nor any inoperable vehicles shall be parked for storage overnight or longer in such a manner as
to be visible to occupants of the Real Estate or the users of any public street within the Real Estate, provided, however, that
nothing herein shall prevent the parking of operable automobiles in the driveway of a Residence. All commercial vehicles must
be parked overnight within an enclosed garage. No boats, campers, trailers of any kind, buses, mobile homes, trucks or any other
unconventional vehicles of any description shall be permitted, parked or stored anywhere within the Real Estate; provided,
however, that nothing herein shall prevent the parking or storage of such vehicles completely enclosed within a garage.
Section 6.2 TemDorarv Structures. No Residence shall be occupied prior to completion, and there shall be no temporary living
quarters constructed within the Real Estate. No trailer, basement, tent, shack, detached garage, barn, shed or other outbuilding
shall be erected on any Lot without prior approval of the Committee. No structure of a temporary character shall be used as a
Residence. The restrictions of this Section 6.2 shall not be construed so as to prohibit the Declarant from maintaining a
temporary construction and sales office as referenced in Section 4.6 of this Declaration.
Section 6.3 Animals and Pets. No animals, livestock or poultry of any kind may be raised, bred, kept or permitted on any Lot
with the exception of dogs, cats or other usual and common household pets in reasonable number. No pets shall be kept, bred or
maintained for any commercial purpose. Dogs which are household pets shall be confined on a leash at all times whenever they
are outside a Residence. Each Owner shall be responsible for removal of his or her pet's waste from Common Areas.
Section 6.4 Nuisance. It shall be the responsibility of each Owner of a Residence to prevent the development of any unclean,
unhealthy, unsightly, or unkempt condition of the Owner's Residence. No Residence shall be used, in whole or in part, for the
storage of any property or thing that will cause such Residence to appear to be in an unclean or untidy condition or that will be
obnoxious to the eye; nor shall any substance, thing or material be kept upon any Residence that will emit fowl or obnoxious
odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or safety of the
occupants of any Residence or Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance,
or nuisance to any person using any property adjacent to the Residence. There shall not be maintained any plants, animals,
device, or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature
as'may diminish or destroy the enjoyment of the Real Estate. Yard incinerators for the disposal or burning of trash shall not be
permitted anywhere within the Real Estate. No firearms or hunting weapons of any kind shall be used anywhere within the Real
Estate.
Section 6.5 Garbage Cans.. WoodDiles.. Etc. All garbage cans, woodpiles, and other similar items shall be located or screened so
as to be concealed from view of the neighboring Residences, streets, and other living quarters located adjacent to the Residence.
Firewood piles shall be kept neat and unobtrusive. The Committee has the authority to determine the location of any firewood
piles. All rubbish, trash, and garbage shall be regularly removed trom the Residence and shall not be allowed to accumulate
thereon. The Association shall provide regular trash collection and removal.
Section 6.6 Signs. No sign of any kind, including any "For Sale" signs, shall be nailed to any tree or attached to any street sign
within the Real Estate. No sign of any kind shall be displayed to the public view upon any Lot or otherwise within the Real
Estate except (i) one family name sign of not more than 144 square inches in area as approved, (ii) any signs utilized by the
Declarant or approved by the Committee for use by the Builders, or (iii) a sign limited in size to 24 inches by 36 inches
containing the words "For Sale" or "For Rent" indicatingthe name of the seller, seller's agent or lessor and phone number.
Section 6.7 Subdivision of a Lot. There shall be no subdivision of any Lot within the Real Estate nor any sale thereof in parcels
except that a portion of a Lot may be sold to an adjoining Lot if no new Lot is created and if the transferor obtains the prior
written approval of the Committee. The setback requirements set out in Section 4.5 cannot be waived.
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Section 6.8 Trash, Receptacles. Every receptacle for ashes, trash, rubbish or garbage shall be so placed and kept as not to be
visible from any street within the Real Estate at any time, except at the times when refuse collections are made.
Section 6.9 Drilling and EXDloration. No oil drilling, oil development operations, or refining, quarrying, or mining operations of
any kind shall be permitted upon or within the Real Estate, nor shall oil wells, tanks, tunnels, mineral excavations, nor shafts be
permitted upon or in any Lot. No demck or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot.
Section 6.10 Ditches and Swales. It shall be the duty of every Owner of every Lot on which any part of an open storm drainage
ditch or swale is situated to keep such portion thereof as may be situated upon his Lot continuously unobstructed and in good
repair, and to provide for the installation of such culverts upon said Lot as may be reasonably necessary to accomplish the
purposes of this subsection, except to the extent provided in Section 3.2 hereof. All Lot Owners, if necessary, shall install dry
culverts between the road rights-of-way and their Lots in conformity with specifications and recommendations of the
Committee.
Section 6.11 Line of Sight. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2)
and six (6) feet above any street, public or private, shall be placed or permitted to remain on any comer Lot within the triangular
area formed by the street boundaries and a line connecting them at points twenty (20) feet from the intersection of the street
lines, or in the case of a rounded property comer, from the intersection of the street property lines extended. No tree shall be
permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent
obstruction of such sight lines.
Section 6.12 Damaged Structures. No Residence which has been partially or totally destroyed by fire or otherwise shall be
allowed to remain ~~ such state for more than three (3) months from the time of such destruction or damage.
Section 6.13 Clotheslines. Outdoor clotheslines are prohibited.
Section 6.14 Playground Equipment. All playground equipment must be approved for safety, placement and aesthetics by the
Committee prior to installation. The color, size and location of playground equipment will be factors in determining if the
playground equipment is approved.
Section 6.15 Outside Burning. No trash, leaves, or other material shall be burned upon a Lot.
Section 6.16 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 nuisance or annoyance to other owners.
Section 6. 17 Maintenance of Lots and ImDrovements. The Owner of any Lot shall at all times maintain the Lot and any
Residence, Building or other structures situated thereon in such manner as to prevent the Lot, Residence, building or other
structure from becoming unsightly. The Lot Owner shall keep the exterior of the Residence, Buildings, and other structures in
such a state of repair or maintenance as to avoid their becoming unsightly.
Section 6.18 Maintenance of Common Area. The Owner of any Lot shall at all times refrain from creating any condition that
reasonably tends to detract from or diminish the aesthetic appearance of the Common Areas.
Section 6.19 The Owner of an v Lot shall do the following:
Section 6.19.1 Mow the Lot at such times as may reasonably be required in order to prevent the unsightly growth of
vegetation and weeds and exercise good husbandry with respect to all landscaping located thereon.
Section 6.19.2 Remove all debris or rubbish from the Lots.
Section 6.19.3 Prevent the existence of any other condition that reasonably tends to detract from or diminish the
aesthetic appearance of the Real Estate.
Section 6.19.4 Maintain the tree plot and landscaping between the sidewalk and any public street adjacent to the
Owner's Lot.
Section 6.19.5 Maintain the tree plot and landscaping, if any, between the Owner's Lot and the curb of any public street
adjacent to the Owner's Lot.
Section 6.20 Outbuildings. The owner of any lot will not be allowed to construct an outbuilding on the lot.
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SECTION 7. ENFORCEMENT.
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The provisions of this Declaration shall be liberally construed to effect the purpose of creating a uniform plan for the
development and operation of the Real Estate. In the event that any Owner fails fully to observe and perform the obligations set
forth in this Declaration, and in the further event that such failure is not cured within thirty (30) days after written notice of the
same is given by the Committee or the Board of Directors, to such Owner, the Committee or the Board of Directors shall have
the right to commence judicial proceedings to abate or enjoin such failure, and to take such further action as may be allowed at
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law or in equity tq correct such failure after commencement of such proceedings. If the Committee or the Board does not take
action after receiVing notice, then any Owner is entitled at the Owner's expense to pursue any available legal remedy to enforce
this Declaration. In the event that such failure causes or threatens to cause immediate and substantial harm to any property
outside of such defaulting Owner's Lot or to any person, the Committee or the Board of Directors shall have the right to enter
upon such Lot for the purpose of correcting such failure and any harm or damage caused thereby without any liability
whatsoever on the part of the Committee or the Board of Directors. The failure or forbearance by the Committee, the Board of
Directors, or an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter. There shall be and there is hereby created and declared to be a conclusive presumption that any violation or
breach or any attempted violation or breach of any of the covenants or restrictions contained in this Declaration cannot be
adequately remedied by an action at law and that injunctive relief is appropriate. All costs incurred by the Committee or the
Board of Directors in connection with any act or proceeding undertaken to abate, enjoin, or correct such failure, including
attorney's fees, shall be payable by the defaulting Owner upon demand by the Committee or the Board of Directors, and shall
immediately become a lien against his Lot. However, no .lien under this section shall be superior to (a) a lien, encumbrance, or
secured interest recorded before the recordation ofa lien under this section, (b) a lien for real estate taxes and other
governmental assessments or charges against the Lot, or (c) any purchase money mortgage. The rights in the Owners, the
Committee or the Board of Directors under this section shall be in addition to all other enforcement rights thereunder or at law or
in equity.
SECTION 8. ASSESSMENT AND COLLECTION OF COMMON EXPENSES.
Section 8.1 Payment of Regular Assessments. Regular Assessments for each fiscal year shall be established when the Board
approves the budget for that fiscal year, which shall be at least thirty (30) days in advance of each annual assessment period.
Regular Assessments shall be levied on a fiscal year basis. There shall be Regular Assessments based on the services provided
by the Association and the reserves needed for Common Area expenses.
Unless otherwise specified by the Board, Regular Assessments shall be due and payable in monthly installments by each Lot
Owner on the first day of each month during the term of this Declaration. Regular Assessments shall commence as to each Lot
on the first day of the month following the conveyance of such Lot by the Declarant to an Owner. Until January 1 of the year
immediately following the conveyance of the first Lot in the Real Estate to an Owner, the maximum annual Regular Assessment
shall be $1,500 per Lot.
Section 8.2 Capital Reserve. On initial sale of the lot and on each title change thereafter, there will be a $500 capital reserve
contribution. The purpose of this contribution is to insure that when the development (common areas, etc.) is turned over to the
Homeowners Association it is financially sound. If the Lot is purchased by a home builder for the purpose of constructing a
home for resale, the builder will be required to pay the $500 capital reserve at the time of the Lot closing, but will be reimbursed
when the home builder sells the house so long as the house is sold within 18 months of the lot purchase.
Section 8.3 Budgeting. Regardless of the number of Members or the amount of assets of the Association, each year the Board
shall prepare, approve and make available to each Member a pro forma operating statement (budget) containing: (i) estimated
revenue and expense on an accrual basis; (ii) the amount of the total cash reserves of the Association currently available for
replacement or major repair on Common Area and for contingencies; (iii) an itemized estimate of the remaining life of, and the
methods of funding to defray repair, replacement or additions to, major components of the Common Area; (iv) a general
statement setting forth the procedures used by the Board in the calculation and establishment of reserves to defray the costs of
repair, replacement or additions to major components of the Common Area. Written notice of the Regular Assessment shall be
sent to every Owner. The total amount of expenses common and chargeable to all Owners shall be charged equally against all
Lots in the Real Estate as Regular Assessments, with each Lot. Being responsible for a portion of the total amount of Regular
Assessments based upon the amount resulting from multiplying the total amount of Regular Assessments by a fraction, the
numerator of which is 1 and the denominator of which is the total number of Lots actually platted, subject to the limitations set
forth in the By-Laws. Each year the Board shall prepare and approve the budget and distribute a copy thereof to each Member
with written notice of the amount of the Regular Assessment to be levied against the Owner's Lot not less than thirty (30) days
prior to the beginning of the fiscal year. The Regular Assessment shall not increase in any fiscal year by more than the greater of
(i) 80/0, or (ii) the percentage increase in the Consumer Price Index (all items) from the end of the preceding fiscal year to the end
of the month prior to the establishment of the annual budget, without the approval of two-thirds (2/3) of the Members.
Section 8.4 Non-Waiver of Assessments. If before the expiration of any fiscal year the Association fails to fix ,Regular
Assessments for the next fiscal year, the Regular Assessment established for the preceding year shall continue until a new
Regular Assessment is fixed.
Section 8.5 Exemptions from Assessments. Declarant is exempt from payment of all Regular and Special Assessments so long
as Declarant remains fully responsible for all common expenses not covered by the Regular and Special Assessments collected
from Lot Owners other than Declarant.
Section 8.6 Special Assessments. Subject to the limitations in the By-Laws, Special Assessments may be levied in addition to
Regular Assessments for (i) constructing capital improvements; (ii) correcting an inadequacy in the Current Operation Account;
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(iii) defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of
improvements in the Lot(s) or Common Area; or (iv) paying for such other matters as the Board may deem appropriate forthe
Real Estate. Special Assessments shall be levied in the same manner as Regular Assessments. Regular Assessments and Special
Assessments may be referred to herein together or individually as an "Assessment".
Section 8.7 Common Expenses Attributable to Fewer Than All Lots.
(a) Any Common Expense for services provided by the Association to any individual Lot at the request of the Lot Owner
shall be assessed against the Lot which benefits from such service.
(b) Any insurance premium increase to the Association attributable to a particular Lot by virtue of activities in or
construction on the Lot shall be assessed against that Lot.
(c) An assessment to pay a judgment against the Association may be made only against the Lots at the time the judgment
was entered in proportion to their Common Expense liabilities.
(d) If a Common Expense is caused by the misconduct of a Lot Owner, the Association may assess that expense
exclusively against the Owner's Lot, to the extent responsible under the laws of the State of Indiana.
( e) Fees, charges, late charges, fines, collection costs, and interest charged against a Lot Owner pursuant to the documents
are enforceable as Regular Assessments.
Section 8.8 Lien.
(a) Any Assessment shall be deemed delinquent ten (10) days after its due date. The Association shall have a lien on a Lot
for a deli~quent Assessment levied against the Lot or fines imposed against its Lot Owner from the time the
Association records a Notice that the Assessment is delinquent. If an Assessment is payable in installments, the full
amount of the Assessment is delinquent if not paid to the Association within ten (10) days of the due date of the
installment.
(b) A lien under this Section is prior to all other liens and encumbrances on a Lot except: (1) a lien, encumbrance, or
secured interest recorded before the recordation of the Notice referenced in subsection 8.7(a) above; and (2) liens for
real estate taxes and other governmental assessments or charges against the Lot, and (3) any purchase money mortgage.
(c) Recording of a Notice of Delinquency constitutes record notice and perfection of the lien. Further recording of a claim
of lien for Assessment under this Section is not required.
(d) A lien for an unpaid Assessment is extinguished unless proceedings to enforce the lien are instituted within three (3)
years after the Notice is recorded; provided, that if an Owner of a Lot subject to a lien under this Section files a petition
for relief under the United States Bankruptcy Code, the period of time for instituting proceedings to enforce the
Association's lien shall be tolled until thirty (30) days after the automatic stay of proceedings under Section 352 of the
Bankruptcy Code is lifted.
(e) This Section does not prohibit an action to recover sums for which Subsection (a) of this Section creates a lien.
(f) Any steps taken by the Association to collect sums due or to enforce a lien under this Section shall entitle the
Association to add to the amount due its costs and reasonable attorney's fees plus interest on all delinquent sums at the
maximum rate allowed by law.
(g) A judgment or decree in an action brought under this Section is enforceable by execution under the laws of the State of
Indiana.
(h) The Association's lien may be foreclosed at such time as a mortgage on real estate is foreclosed and in the manner in
which mechanic's liens are foreclosed under Indiana law.
(i) In any action by the. Association to collect Assessments or to foreclose a lien for unpaid Assessments, the court may
appoint a receiver of the Owner to collect all sums alleged to be due from that Owner prior to or during the pendency of
the action. The court may order the receiver to pay any sums held by the receiver to the Association during the
pendency of the action, to the extent of the Association's Regular Assessment based on a periodic budget adopted by
the Association pursuant to Section 8.3 of this Declaration.
G) Any payments received by the Association in the discharge of an Owner's obligation may be applied to the oldest
balance due.
Section 8.9 Ratification of Non-budgeted Assessments. If the Board votes to levy an Assessment not included in the CUlTent
budget in an amount greater than fifteen percent (15%) of the current annual operating budget, the Board shall submit such
Common Expense to the Owners for ratification in the same manner as a budget.
Section 8.10 Certificate ofPavment of Assessments. The Association upon written request shall furnish to an Owner a statement
in recordable form setting out the amount of unpaid Assessments against the Owner's Lot. The statement must be furnished
within ten (10) days after receipt of the request and is binding on the Association.
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Section 8.11 No Waiver of Liability for Common Expenses. No Owner may exempt himself or herself from liability for
payment of Common Expenses by waiver of the use or enjoyment of the Common Area or by abandonment of the Lot against
which the assessments are made.
Section 8.12 Personal Liability of Owners. The Owner of a Lot at the time an Assessment or portion thereof is due and payable
is personally liable for the Assessment. Personal liability for the Assessment shall not pass to a successor in. title to the Lot unless
he or she agrees to assume the obligation.
Section 8.13 Accounts. Assessments collected by the Association shall be deposited into at least two (2) separate checking
accounts with a bank and/or savings and loan association which accounts shall be clearly designated as (i) the Current Operation
Account and (ii) the Reserve Account. The Board shall deposit those portions of the Assessments collected for current
maintenance and operations into the Current Operation Account and shall deposit those portions of the Assessments collected on
reserves or contingencies and for replacement and deferred maintenance of capital improvements into the Reserve Account.
Section 8.14 Current Operation Account. All of the following may be paid from the Current Operation Account:
(a) All costs of enforcing the provisions of any Declaration applicable to any portion of the' Real Estate;
(b) Taxes and assessments, if any, levied or assessed separately against the Common Area;
( c) Sums necessary to discharge any lien or encumbrance, including taxes, levied against any Lot which constitutes a lien
against a portion of the Common Area;
( d) Insurance premiums and costs for policies purchased for the benefit of the Association;
(e) W ater, se~er, garbage, trash, electrical, gas, telephone and other necessary utility services for the Common Area;
(f) Costs of routine maintenance, repair and upkeep of improvements in the Common Area; and,
(g) All other goods, materials, supplies, furniture, labor, services, maintenance, repairs or alterations which the Association
is authorized to secure and pay for pursuant to the terms of this Declaration or by law other than those to be expended
from the Reserve Account.
Section 8.15 Reserve Account. The Association shall payout of the Reserve Account only those costs that are attributable to the
maintenance, repair, or replacement of capital improvements for which reserves have been collected and held. No portion of a
reserve designated for a particular capital improvement may be expended for any purpose other than the maintenance or
replacement of that capital improvement; provided, however, that if due to dedication of a public street or annexation of the Real
Estate such that the municipality accepts responsibility for items covered by a portion of the reserve, the Board shall determine
whether to use such funds for another purpose or to refund the excess to the Owners having title to a Lot at the time of the
proposed refund; however, there is no implied guarantee or promise that such refund will be made. Except for funds collected
for contingencies, no funds collected for the Reserve Account may be used for ordinary current maintenance and operation
purposes.
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SECTION 9. ARCHITECTURAL CONTROL COMMITTEE.
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Section 9.1 Power of Committee.
Section '9.1.1 In General. In order to preserve the natural quality and aesthetic appearance of the existing geographic
area, no Residence, building structure, or improvement of any type or kind shall be repainted, (other than.the color
originally or previously approved by the Committee when performing routine maintenance), constructed or placed on
any Lot in the Real Estate, n9 existing trees shall be removed and no landscaping placed on Common Area without the
prior written approval of the Architectural Control Committee (the "Committee"). Unless the Committee waives these
requirements, such approval shall be obtained only after written application has been made to the Committee by the
Owner of the Lot requesting authorization from the Committee. Such written application shall be in the manner and
form prescribed from time to time by the Committee and shall be accompanied by two (2) complete sets of plans and
specifications of any such proposed construction or improvement. Such plans shall include the location of all
improvements existing upon the Lot and the location of the improvement proposed to be constructed or placed upon the
Lot, each properly and clearly designated. Such plans and specifications shall set forth the color and composition of all
exterior materials proposed to be used and any proposed landscaping together with any other material or information
which the Committee may require. All plans and drawings required to be submitted to the Committee shall be drawn to
a scale of one quarter inch (1/4") equals one foot (1 '), or to such other scale as the Committee may require. There shall
also be submitted, where applicable, the permits or plat plans which shall be prepared by either a registered land
surveyor, an engineer or an architect.
Section 9.1.2 Power of Disapproval. The Committee may refuse to grant permission to remove trees, repaint, construct,
place or make the requested improvement when:
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(a) _ the plans, specifications, drawings or other material submitted are themselves inadequate or incomplete or
<,show the proposed improvement to be in violation of this Declaration; or,
(b) the design or color scheme ofa proposed repainting or improvement is not in harmony with the general
surroundings of the Lot or with adjacent Residences or structures; or,
(c) the proposed improvement, or any part thereof, or proposed tree removal would in the opinion of the
Committee be contrary to the interest, welfare or rights of all or any part of the other Owners.
Section 9.1.3 Declarant Improvements. The Committee shall have no powers with respect to any improvements or
structures erected or constructed by the Declarant (or any Builder if Declarant has approved the plans therefor).
Section 9.2 Duties of Committee. The Committee shall approve or disapprove proposed improvements within thirty (30) days
after all required infonnation shall have been submitted to it. One copy of submitted material shall be retained by the Committee
for its pennanent files. All notifications to applicants shall be in writing, and in the event that such notification is one of
disapproval, it shall specify the reason or reasons for such disapproval.
Section 9.3 Liability of Committee. Neither the Committee nor any agent thereof, nor Declarant. shall be responsible in any way
for any defects in any plans, specifications or other materials submitted to it, nor for any defects in any work done according
thereto.
Section 9.4 Inspection. The Committee may inspect work being perfonned with its pennission to assure compliance with this
Declaration and applicable regulations. .
Section 9.5 Membership. The Committee shall consist of members designated by the Declarant until the Control Transfer Date.
After the Control Transfer Date, the Committee shall consist of three (3) Owners selected trom time to time through the written
approval of two-thirds (2/3) of all Owners and Class A Members. Membership on the Committee may be changed and vacancies
shall be filled trom time to time upon the written approval of a least two thirds (213) of all the Owners; provided, however, that
in the event of a vacancy on the Committee, the remaining two (2) Committee members may appoint an Owner to the
Committee to serve until the requisite percentage of Owners, as aforesaid, shall otherwise appoint an Owner to fill such vacancy.
Section 9.6 Approvals. Approvals, detenninations, pennissions or consent required herein shall be deemed given if they are
given in writing signed with respect to the Committee by two members thereof (except during the period of time that the
Declarant controls the Committee, in which event the written approval of an authorized member or agent of Declarant shall
suffice ).
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SECTION 10. RIGHTS OF MORTGAGEES.
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Except to the extent otherwise provided herein, no breach of these Restrictions shall defeat or render invalid the lien of any
mortgage now existing or hereafter executed upon any portion of the Real Estate; provided, however, that if all or any portion of
said Real Estate is sold under a foreclosure of any mortgage, any purchaser at such sale and his successors and assigns shall hold
any portion of the Real Estate so purchased subject to this Declaration. Notwithstanding any other provision of this Declaration,
neither the Declarant, the Owners nor the Committee shall have any right to make any amendment to this Declaration which
materially impairs the rights of any Mortgagee holding, insuring, or guaranteeing any Mortgage on all or any portion of the Real
Estate at the time of such amendment
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SECTION 11. INSURANCE.
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Section 11.1 Coverage. To the extent reasonably available, the Board shall obtain and maintain insurance coverage as set forth in
this Section. If such insurance is not reasonably available, and the Board determines that any insurance described herein will not
be maintained, the Board shall cause notice of that fact to be hand-delivered or sent prepaid by United States mail to all Owners
and eligible Mortgagees at their respective last known addresses.
Section 11.2 ProDertv Insurance.
(a) Property insurance covering one hundred percent (100%) of the actual replacement cost value of the following shall be
obtained by the Association:
(i) The Common Area; and,
(ii) Any personal property owned by the Association.
(b) Risks Insured Against. The insurance shall afford protection against "all risks" of direct physical loss commonly
insured against.
(c) Other Provisions. Insurance policies required by this Section shall provide that:
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(i) The insurer waives the right to subrogation under the policy against the Lot or member of the household of an
Owner;
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(ii) An act or omission by an Owner, unless acting within the scope of the Lot Owner's authority on behalf of the
Association, will not void the policy or be a condition to recovery under the policy.
(iii) If at the time of a loss under the policy, there is other, insurance in the name of an Owner covering the same risk
covered by the policy, the Association's policy provides primary insurance;
(iv) Loss must be adjusted with the Association;
(v) Insurance proceeds shall be paid to any insurance trustee designated in the policy for that purpose, and in the
absence of such designation, to the Association, in either case to be held in trust for Owner and such Owner's
mortgagee;
(vi) The insurer may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed
cancellation or non-renewal has been mailed to the Association, eaph Owner and each holder of a security interest
to whom a certificate or memorandum of insurance has been issued at their respective last known addresses;
Section 11.3 Liability Insurance. Liability insurance including medical payments insurance in an amount determined by the
Board but in no event less than One Million Dollars ($1,000,000) covering all occurrences commonly insured against for death,
bodily injury and property damage arising out of or in connection with the use, ownership of maintenance of the Common Area
and the activities of the Association.
(a) Other Provisions. Insurance policies carried pursuant to this Section shall provide that:
(i) Each 'Owner is an insured person under the policy with respect to liability arising out of the Owner's interest in the
Common Area or membership in the Association;
(ii) The insurer waives the right to subrogation under the policy against a Lot Owner or member of the household of
an Owner;
(iii) An act or omission by an Owner, unless acting within the scope of the Owner's authority on behalf of the
Association, will not void the policy or be a condition to recovery under the policy;
(iv) If at the time of a loss under the policy there is other insurance in the name of an Owner covering the same risk
covered by the policy, the policy of the Association provides primary insurance; and,
(v) The insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice of the
proposed cancellation or non-renewal has been mailed to the Association, each Owner and each holder of a
Security Interest to whom a certificate or memorandum of insurance has been issued at their last known addresses.
Section 11.4 Fidelity Bonds. A blanket fidelity bond is required for anyone who either handles or is responsible for funds held or
administered by the Association whether or not they receive compensation for their services. The bond shall name the
Association as obligee and shall cover the maximum funds that will be in the custody of the Association or the manager at any
time while the bond is in force and in no event less than the sum of three months' assessments plus reserve funds. The bond shall
include a provision that calls for ten (10) days written notice to the Association, to each holder of a Security Interest in a Lot, to
each service that services a FNMA.owned or FHLMC owned mortgage on a Lot and to the insurance trustee, if any, before the
bond can be canceled or substantially modified for any reason.
Section 11.5 Owner Policies. Each Owner shall carry fire and extended coverage insurance on his Lot including the exterior. The
Association, or Declarant pursuant to its rights reserved hereunder, may adopt rules and regulations governing the minimum
. amounts of insurance required to be carried by all Owners, certain provisions of which may be required to be included in all such
insurance policies, and such other terms and provisions pertaining to insurance which may reasonably be deemed necessary or
appropriate (1) to assure that all Lots and sites are insured and that there will be proceeds of insurance to repair or restore the
same in the event of a casualty loss thereto, or (2) otherwise to assist or to simplify problems of coordinating insurance coverage
between the Owners and the Association.
Section 11.6 Workers' Compensation Insurance. The Board shall obtain and maintain Workers' compensation Insurance to meet
the requirements of the laws of the State of Indiana.
Section 11.7 Directors' and Officers' Liabilitv Insurance. The Board may obtain and maintain directors' and officers' liability
insurance covering all of the directors and officers of the Association in such limits as the Board in its sole discretion may from
time to time detennine.
Section 11.8 Other Insurance. The Association may carry other insurance which the Board of Directors considers appropriate to
protect the Association of the Owners.
Section 11.9 Premiums. Insurance premiums for insurance maintained by the Association pursuant to this Section 11 shall be a
Common Expense.
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SECTION 12. DAMAGE TO OR DESTRUCTION OF PROPERTY.
Section 12.1 Duty to Restore. A portion of the Common Area for which insurance carned by the Association is in effect that is
damaged or destroyed must be repaired or replaced promptly by the Association unless:
(a) Repair or replacement would ~e illegal under a state statute or municipal ordinance governing heaJth or safety; or,
(b) Eighty percent (80%) of the Owners including each Owner of a Lot that will not be rebuilt vote not to rebuild.
Section 12.2 Cost. The cost of repair or replacement in excess of insurance proceeds and reserves is a Common Expense.
Section 12.3 Plans. The Property must be repaired and restored in accordance with either the original plans and specifications or
other plans and specifications which have been approved by the Board, a majority of Owners and fifty-one percent (51%) of
eligible Mortgagees.
Section 12.4 Replacement of Less than Entire Property.
(a) The insurance proceeds attributable to the damaged Common Area shall be used to restore the damaged area to a
condition compatible with the remainder of the Real Estate.
(b) Except to. the extent that other persons will be distributees,
(i) The insurance proceeds attributable to a Lot that is not rebuilt must be distributed to the Owner of the Lot or to lien
holders as their interests may appear.
(ii) The remainder of the proceeds must be distributed to each Lot Owner or lien holder as their interests may appear in
proportion to the Common Area interests of all the Lots.
Section 12.5 Insurance Proceeds. The Trustee, or if there is no trustee, then the Board of the Association acting by its President,
shall hold any insurance proceeds in trust for the Association, Lot Owners and lien holders as their interests may appear.
Section 12.6 Certificates bv the Board. The Trustee, if any, may rely on the following certifications in writing made by the
Board:
( a) Whether or not damaged or destroyed Property is to be repaired or restored.
(b) The amount or amounts to be paid for repairs or restoration and the names and addresses of the parties to whom such
amounts are to be paid.
Section 12.7 Certificates by Attornevs or Title Companies. Ifpayments are to be made to Owners or mortgagees, the Board and
the Trustee, if any, shall obtain and may rely on a title insurance company or attorney's title certificate of title or a title insurance
policy based on a search of the records of Hamilton County, Indiana, from the date of the recording of the original Declaration
stating the names of the Owners and the mortgagees.
SECTION 13. RIGHTS TO NOTICE AND HEARING.
Section 13.1 Right to Notice and Hearing. Whenever this Declaration requires that an action be taken after "Notice and
Hearing," the following procedure shall be observed: The party proposing to take the action (e.g., the Board, a committee, an
officer, the Manager, etc.) shall give written notice of the proposed action to all Lot Owners or occupants of Lots whose interest
would be significantly affected by the proposed action. The Notice shall include a general statement of the proposed action and
the date, time arid place of the hearing. At the hearing the affected person shall have the right, personally or by a representative,
to give testimony orally, in writing qr both (as specified in the notice), subject to reasonable rules of procedure established by the
party conducting the meeting to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in
making the decision but shall not bind the decision makers. The affected person shall be notified of the decision in the same
manner in which notice of the meeting was given.
Section 13.2 ADDeals. Any person having a right to Notice and Hearing shall have the right to appeal to the Board from a
decision of persons other than the Board by filing a written notice of appeal with the Board within ten (10) days after being
notified of the decision. The Board shall conduct a hearing within thirty (30) days giving the same notice and observing the same
procedures as were required for the original meeting.
SECTION 14. BOARD OF DIRECTORS.
Section 14.1 Powers and Duties. The Board of Directors may act in all instances on behalf of the Association except as provided
in this Declaration or the By-Laws. The Board shall have, subject to the limitations contained in this Declaration, the powers and
duties necessary for the administration of the affairs of the Association and of the community which shall include, but not be
limited to, the following:
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(a) Adopt arid amend By-Laws and rules and regulations;
(b) Adopt and amend budgets for revenues, expenditures and reserves;
(c) Collect assessments for Common Expenses from Owners;
( d) Hire and discharge managing agents;
( e) Hire and discharge employees and agents other than managing agents and independent contractors;
(f) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violation of the
Association's Declaration, By-Laws or rules and regulations in the Association's name on behalf of the Association or
two or more Owners on matters affecting the community;
(g) Make contracts and incur liabilities;
(h) Regulate the use, maintenance, repair, replacement and modification ofthe Common Area;
(i) Cause additional improvements to be maqe as a part of the Common Area;
G) Provide or hire others to provide landscape maintenance services for Owners;
(k) Acquire, hold, encumber and convey in the Association's name any right, title or interest to real property or personal
property;
(I) Grant easements for any period oftime including permanent easements; and leases, licenses and concessions for no
more than one year through or over the Common Area;
(m) Impose and receive a payment, fee or charge for the use, rental or operation of the Common Area and for services
provided to Owners;
(n) Impose a reasonable charge for late payment of assessments and, after Notice and Hearing, levy reasonable fines for
violations of this Declaration, By-Laws, rules and regulations of the Association;
(0) Provide for the indemnification of the Association's officers and Board and maintain directors' and officers' liability
insurance;
(p) Assign the Association's right to future income, including the right to receive Common Expense Assessments;
(q) Exercise any other powers conferred by this Declaration or the By-Laws;
(r) Exercise any other powers that may be exercised in this state by legal entities of the same type as the Association;
(s) Exercise any other powers necessary and proper for the governance and operation of the Association; and
(t) By resolution, establish committees of directors, permanent and standing, to perform any of the above functions under
specifically delegated administrative standards as designated in the resolution establishing the committee. All
committees must maintain and publish notice of their actions to Owners and the Board. However, actions taken by a
committee may be appealed to the Board by any Owner within forty-five (45) days of publication of such notice and
such committee action must be ratified, modified or rejected by the Board at its next regular meeting.
SECTION 15. OPEN MEETINGS.
Section 15.! Access. All meetings of the Board at which action is to be taken by vote will be open to the Owners except as
hereafter provided.
Section 15.2 Notice. Notice of every such meeting will be given not less than thirty (30) days and not more than sixty (60) days
prior to the time set for such meeting by written notice sent to all Members posting such notice in a conspicuous location in the
community, except that such notice will not be required if an emergency situation requires that the meeting be held without
deJay.
Section 15.3 Executive Sessions. Meetings of the Board may be held in executive session without giving notice and without the
requirement that they be open to Owners in either of the following situations:
(a) No action is taken at the executive session requiring the affirmative vote of Directors; or,
(b) The action taken at the executive session involves personnel, pending litigation, contract negotiations, enforcement
actions, or matters involving the invasion of privacy of individual Owners, or matters which are to remain confidential
by request of the affected parties and agreement of the Board.
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SECTION 16. CONDEMNATION OF COMMON AREA.
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If all or any portion of the Common' Area is taken for any public or quasi-public use -under any statute by right of eminent
domain or by purchase in lieu of eminent domain, the entire award shall be deposited into the Association's 'operating account
until distributed. The Association shall distribute such funds proportionately to all Owners as their interests appear according to
the respective fair market values of their Lots immediately prior to the time of condemnation as determined by an independent
appraisal made by a qualified Real Estate Appraiser with Member or the Appraisal Institute certificate or the equivalent as
selected by the Board. The Association shall represent the interests of all Owners.
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SECTION 17. GENERAL PROVISIONS.
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Section 17.1 Duration. This Declaration shall be perpetual, run with and bind all the Real Estate subject to this Declaration and
shall inure to the benefit of and be enforceable by the Declarant, its respective successors, assigns, heirs, executors,
administrators, and personal representatives with the following exception:
The covenants and restrictions set forth in this Declaration shall have an initial term of twenty (20) years from the date this
Declaration is recorded in the Office of the Recorder of Hamilton County, Indiana. At the end of this period, the covenants and
restrictions shall be automatically extended for successive periods often (10) years each unless at least two-thirds (2/3) of all
Owners within the Real Estate at the time of the expiration of the initial period or any extension period shall sign an instrument
or instruments (which may be in counterparts) in which they shall agree to terminate any or all of said covenants and restrictions
in any manner as may be provided by law; however, no such Agreement shall become binding unless written notice containing
the tenns of the prQPosed Agreement is sent to every Owner in the Real Estate at least ninety (90) days in advance of the action
taken in authorizing said Agreement, and, in any event, any such Agreement shall not become effective and binding until three
(3) years after the recording of the aforesaid fully executed instrument or instruments containing such agreement.
Section 17.2 Amendment of Declaration. Except as otherwise provided herein, amendments to this Declaration shall be
proposed and adopted in the following manner:
Section 17.2.1 Notice of the subject matter of the proposed amendment shall be given to each Owner. Any proposed
amendment to this Declaration must be approved by not less than seventy-five percent (75%) of the Owners. Each
amendment to the Declaration shall be executed by the Owners casting votes in favor of the amendment and shall be
recorded in the Office of the Recorder of Hamilton County, Indiana, and such amendment shall not become effective
until so recorded.
Section 17.2.2 Notwithstanding the foregoing or anything elsewhere contained in this Declaration, Declarant shall have
the right acting alone and without the consent or approval of the Owners, Builders or any other person, to amend or
supplement this Declaration from time to time if such amendment or supplement is required to:
(a) provide utility service to any Lot;
(b) correct clerical or typographical errors in this Declaration or any exhibit hereto or any supplement or
amendment thereto; or,
(c) make any other amendment which in its sole discretion it deems necessary as long as it is a Class B Member
of the Association pursuant to Section 5.3.2 of this Declaration.
Section 17.3 Notice. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to
have been properly sent and notice thereby given when mailed by regular post with postage prepaid addressed to Owner at the
last known post office address of the person who appears as Residence Owner in the records of the Hamilton County Auditor's
Office. Valid notice may also be given to an Owner by (i) personal delivery to any occupant of his Residence over fourteen (14)
years of age; or, (ii) by affixing said notice to or sliding same under the front door of his Residence.
Section 17.4 Severability. Should any covenant or restriction contained in this Declaration or any article, section, subsection,
sentence, clause, phrase or term of this Declaration be declared to be void, invalid, illegal, or unenforceable for any reason by the
adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such
judgment shall not in any manner affect the other provisions hereof, which are hereby declared to be severable and which shall
remain in full force and effect.
Section 17.5 Rule AgainstPemetuities. If any provision of this Declaration shall be interpreted to constitute a violation of the
rule against perpetuities, then such provisions shall be deemed to remain in effect until the death of the last survivor of the now
living descendants of the persons signing the Declaration on behalf of Declarant plus twenty-one (21) years thereafter.
Section 17.6 Gender and Number. Whenever the context of this Declaration so requires, the use of the masculine gender shall be
deemed to refer to the feminine or neuter gender and the use of the singular shall be deemed to refer to the plural and vice versa.
No pronoun usage shall be deemed to exclude a reference to an institution, corporation, partnership, or any other type of
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business entity. The titles are for convenience of reference only and shall not be used as an aid in construing the provisions
thereof.
- Section 17.7 Construction and Sale. Notwithstanding any provisions contained in the Declaration to the contrary, so long as
Declarant owns any Lots, it shall be expressly permissible for Declarant, tree of any and all charges therefor, to maintain and
carry on upon portions of the Common Area such facilities and activities as, in the sole opinion of Declarant, may be reasonably
required, convenient; or incidental to the construction or sale of such residences, including, but not limited to, business offices,
signs, model units, and sales offices, and the Declarant shall have an easement for access to such facilities. -The right to maintain
and carry on such facilities and activities shall include specifically the right to use residences owned by the Declarant as models
and sales offices. This Section may not be amended without the express written consent of the Declarant; provided, however, the
rights contained in this Section 18.7 shall terminate upon the earlier of (a) twenty-five (25) years from the date this Declaration
is recorded or (b) upon the Declarant's recording a written statement that all sales activity has ceased.
Section 17.8 Limitatibn on Declarant's Liability. Notwithstanding anything to the contrary herein, it is expressly agreed, and
each Owner, by accepting title to a Lot and becoming an Owner acknowledges and agrees that neither Declarant (including
without limitation any assignee of the interest of Declarant hereunder) nor any director, officer or shareholder of Declarant (or
any partner, officer, director or shareholder in any such assignee) shall have any personal liability to the Association, or any
Owner, Member or other person, arising under, in connection with, or resulting from (including without limitation resulting from
. action or failure to act with respect to) this Declaration or the Association. If any judgment is ever levied against Declarant (or its
assignee), the same is hereby agreed to be limited to the extent of Declarant' s (or such assignee ' s) interest in the Development;
and, in the event of a judgment no execution or other action shall be sought or brought thereon against any other assets, nor be a
lien upon any other assets of Declarant (or its assignee).
IN WITNESS THEJ:lliOF, Declarant has executed this Declaration on the date and year first above written.
COVENANT GROUP, LLC
By JK/C PARTNERS, INC., Managing Member
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ARCHITECTURAL CONTROL GUIDELINES
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The following are the Architectural Guidelines established for the Villas at Morgan's Creek Community. All submittals must
conform to the Architectural Control Guidelines established by the Architectural Control Committee of Villas at Morgan's
Creek. Any exceptions to the following guidelines shall be at the sole discretion of the Architectural Control Committee. The
Architectural Control Committee retains the right to reject a submitted plan even if all Architectural Guidelines are met if, in the
Architectural Control Committee's judgment, the house does not conform to the established architectural styles set forth in the
Villas at Morgan's Creek Community.
Minimum Square Footage Requirements. One story Residences shall have finished ground floor area of not less than 2,000
square feet above finished grade. One and One-Half story Residences shall have a finished ground floor area of not less than
1,800 square feet above finished grade and a total finished area of not less than 2,300 above finished grade. Two-story
_ Residences shall have a finished ground floor area of not less than 1,600 square feet above finished grade and a total finished
area of not less than 2,750 square feet above fmished grade.
Garaee. All homes must have a minimum 2 car attached garage.
Setbacks.
Front: Front Load Garage - 20ft' with 5ft garage offset
Side Load Garage - 20ft
Reqr Load Garage - 20ft
Side Yard: 5ft minimum/12ft aggregate
Rear: 15ft
Masonry Requirements. The finished front exterior of every Residence shall have a minimum of three hundred (300) square
feet of brick or other masonry material approved by the Committee. All homes shall be masonry water table wrapped on the
firstfloor unless approved by the Architectural Control Committee.
Fireplace Restrictions. Exterior chase stone, brick, EIFS or other masonry material will be required.
Hard Surface Driveways and Walks. All homes must have concrete driveways. It is the responsibility of the purchaser of the lot
to provide sidewalks. In the case of comer lots, sidewalks shall be required on all sides where road frontage exists. All private
walks must be exposed aggregate, stained concrete, stamped concrete, stenciled concrete or brick/stone pavers.
Sidine Materials. 300 s.f. of masonry on the front of the home with masonry wrap as previously noted. Cedar, cedar shake,
Hardi-plank, Abitieo Great Random Shake or equal can be used with brick wrap. No T-l11, vinyl or aluminum siding will be
allowed.
SorlitMaterials. Hardi-sofit or equaL
Faeia Materials. Cedar, Spruce or equal
Front Doors. All front doors will be wood or stainable fiberglass. No metal doors will be allowed.
Garafle Doors. All garage doors will be carriage style doors with decorative hinges and straps. Garage door design must be
approved by the Architectural Control Committee prior to start of construction.
Roof Pitch. All primary roof pitches of Residences shall be asfollows: one story (9/12); one and one-hal/story (8/12); two
story (8/12) or greater unless otherwise permitted by the Architectural Control Committee.
Basements. All homes will havefull basements..
Roof Material Roofing material shall be 30 year dimensional asphalt shingle or better.
Architectural Stvle. Architectural style shall be Old World European unless approved in advance by the Architectural Contol
Committee.
Tree Preservation Easements. Lots 1 thru 11 have a 15' tree preservation easement across the back of the lot. No trees with a
6 inch or greater caliper trunk may be cut down in this area without the prior approval of the Architectural Control
Committee. This Tree Preservation Easement is to be recorded on the deed for each lot.
Dusk to Dawn Lie:ht on 'Photocell. Each lot shall have dusk to dawn light on photocell. This dusk to dawn light shall be post
mounted and be separate from any lighting done on the garage or tront porch area and be located in the front yard area.
Gas Lantern - Exterior. . Each house shall have a gas lantern on the exterior of the house visible from the street. The gas
lantern shall have an automatic shutoff/ignition in the event the flame extinguishes. The type of gas lantern and location
shall be approved by the Architectural Control Committee
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Custom Mailbox~s. Shall be selected by the developer and provided by the builder or purchaser of the lot. $350.00 will be
collected at closing from builder or purchaser of the lot
'Windows. Wood windows shall be required on all homes. Vinyl or aluminum clad wood windows will be allowed.
Colors. All exterior primary and secondary as well as masonry must be approved by the Architectural Control Committee prior
to the commencement of construction.
Minimum Landscaping Reauirements. All lawns are to havefull irrigation. Sod, front and side yards, hydro-seeding offront
and side yards may be approved by developer if submitted in advance of the commencement of construction depending on the
time of year.
Landscape Plans. Purchaser or builder shall provide the developer with two (2) copies of a landscape design plan which shall
detail the layout of the beds, the type of mulch and the size, type and number of plants. The plan shall incorporate two (2)
flowering fruit trees of 2-3 inch diameter and one shade tree at 2-3 inch diameter, all to be planted in the front yard. An
evergreen of appropriate size may be substituted for one of the flowering fruit trees.
The Architectural Control Committee will review the plan and approval will be granted in writing with a copy kept on file.
Approval of the house pl~ns will not be granted without prior or simultaneous approval of the landscape design plan. The above
description refers only to pl~nting in the front of the house with allowances for appropriately designed comer beds. It is
estimated that approval will begin in the $3,500 range (exclusive of sod or grass and any back yard planting). This will include
the design fee, which is capped at $250 for purposes of this calculation.
Port-a-Iets. Port-a-lets will be required on all building sites during the entire construction process. Port-a-Iets cannot be placed on
the street.
Dumpsters. Dumpsters must be on all building sites during the construction process. All sites must be kept clean and weed free
at all times. Dumpsters cannot be placed on the street.
Contiguous Lot Responsibilities. Subcontractors and concrete trucks sometimes destroy the grass and erosion control on
contiguous lots; it will be the responsibility of the purchaser or builder to repair all damage.
Street Cleanliness. The Lot Owner shall be responsible for removal of dirt, mud, or debris or other foreign material of any kind
which may be deposited upon the road, to include Morgans Creek Court and Gray Road, or easements from construction on
the Lot. If such deposits occur, the Lot Owner shall make provisions to remove such deposits within one (1) day or the
Committee may remove such deposits and charge the Lot Owner.
Site Beautification. It is the builder's/owner's responsibility to keep the building site most attractive at all times. This includes
weed contro 1.
Silt Fences. Silt fences must be properly installed across any curbs on the building site during construction.
Outbuildings. The owner of any lot will not be allowed to construct an outbuilding on the lot.
Builder Oualifications. A complete set of specifications is required to be submitted with two full sets of construction plans.
Capital Reserve. On initial sale of the lot and on each title change thereafter, there will be a $500 capital reserve contribution.
The purpose of this contribution is to insure that when the development (common areas, etc.) is turned over to the Homeowners
Association it is financially sound. If the Lot is purchased by a home builder for the purpose of constructing a home for resale,
the builder will be required to pay the $500 capital reserve at the time of the Lot closing, but will be reimbursed when the home
builder sells the house so long as the house is sold within 18 months of the lot purchase.
The Architectural Control Committee retains the right to reject a builder in the community or request references for the building
prior to the commencement of construction on any lot within the Villas at Morgan's Creek Community.
We, the undersigned purchaser of Lot # of the Villas at Morgan's Creek Community, acknowledge the receipt of the
Architectural Control Guidelines and related plat covenants and declaration for the Villas at Morgan's Creek Community. We
agree to conform in all aspects to the Architectural Control Guidelines, plat covenants and declaration of the Villas at Morgan's
Creek Community.
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Purchaser
Witness
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