HomeMy WebLinkAboutApplication
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Fee: $750.00 plus $100.00 per lot ($250.00 plus $100.00 per 10
DATE:
DOCKET N'O.
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, etseq, General Assembly of the State of Indiana, and all Acts
amendatory thereto.
Na~eofApplicant:~e~L~~~ve~~r~~~q. Phone No._~!~J76~8650
Fax No. _ (317)!!6-86~~_______
Address of Applicant: ___~I.Ql-_~~Q._~i~~t_ Nop!~~yJ~~L!~_j~O~~_____________
Name of Owner: __ Pa~_JJL!-E-_________________
Phone No.
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Name of Subdivision:
Saddlebrook at Shelborne
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Legal Description: (To be typewritten on separate sheet and attached)
Area (in acres): _~.Q.:..f.1Q___ Number of Lots: ___11____ Length (in miles) of new streets
to be dedicated to public use: ___'L.Q~______.
Surveyor certifying plat: __E.@.~JSllQ.EE.L.JDC. ~ Q.Y_I2~id A_~~~tL______________
Address: __I.1If GL~ha.m R'2-~<L_________ Phone NO._13171842-6777_____
Indianapolis, Indiana 46250
******************************************************************************ST A TE OF IN DIANA,
COUNTY OF ___~__~__________, 58:
The undersigned having been duly sworn, upon oath says that the above information
is true and correct as he or she is informed and believes.
SIGNATURE OF APPLICANT: ~__ Print:_ S~_ven ~liars!Ln~3~
Subscribed and sworn to before me this _It ~ day of _~d-If sr _~, 20 ~t{.
Notary Public
My'Commission Expires:____________________
OFFICIAL SEAL
MATTHEW S. SKELTON, AICP
Notary Public.lndiana
Hamihon County
MV Co~milsion Expires: Sep. 30. 2011
5.1.10 Application for Primary Plat Two (2) copies, or more if nece , .'
and of the construction plans together with supporting documents shall be submitted to the Director of
Current Planning with this application. The~Aplan~ tn he di~trib(JtAd tn all Technical Advi~nry
CommittAA alJthoritiA~ by applicant
******************************************************************************
FEE: ____ Received by: _______________~_____________
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LEGAL DESCRIPTION
The North Half of the ,Southwest Quarter of Section 32, Township 18 North, Range 3
East, Excepting, the North Half of the Northwest Quarter of the Southwest Quarter of
Section 32, Township 18 North, Range 3 East, Clay Township, Hamilton County,
India,na, and being more particularly described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section 32,
thence North 89 degrees 27 minutes 59 seconds East (bearing based upon the State
Plane Grid Bearings, Indiana East Zone, North American Datum[NAD] 83) 1327.22 feet
along the North line of said Southwest Quarter section to the Point of Beginning; thence
continuing, North 89 degrees 27 minutes 59 seconds East 1327.22 feet to the Northeast
corner of said Southwest Quarter section; thence South 00 degrees 05 minut~s 32
seconds West 1319.85 feet alo~g the East line of said Southwest Quarter section to the
Southea~t cornerof the North Half of said Southwest Quarter section; thence South 89
degrees 33 minutes 29 seconds West 2652.38 feet along the South line of the aforesaid
North Half to the West line of said Southwest Quarter section; thence North 00 degrees
00 minutes 17 seconds East 657.79 feet along 'said West lin,e to the Southwest corner
of the North Half of the Northwest Quarter of the Southwest 'Quarter section; thence
North 89 degrees 30 minutes 44 seconds East 1326.70 feet along the South line of the
aforesaid North Half Quarter-Quarter section to the Southeast corner thereof; thence
North 00 degrees 02 minutes 55 seconds East 658.86 feet along the East line of the
aforesaid North Half Quarter-Quarter section to the Northeast corner of the aforesaid
North Half Quarter-Quarter section and the Point of Beginning, containing 60.210 acres,
more or less.
Subject ~o all easements, rights of way and restrictions of record.
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Tingley, Connie S
From: Griffin, Matt L
Sent: Wednesday, August 25, 2004 1 :40 PM
To: Babbitt, Pamela A
Cc: Morrissey, Phyllis G; Pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling, Adrienne M;
Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C; Pohlman, Jesse M;
Brennan, Kevin S; Butler, Angelina V
Subject: Docket No. Assignment: Saddlebrook at Shelborne Subdivision (#04080059 PP)
Pam,
Please print and fax this e-mail to the petitioner identified below and update the file. I have
issued the necessary Docket Number for Saddlebrook at Shelborne Subdivision. It is as
follows:
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Docket No. 04080059 PP: Saddlebrook at Shelborne Subdivision - Primary Plat
The applicant seeks to plat a residential subdivision of 77 lots on 61 ~21 acres.
The site is located at 11901 Shelbome Road. The site is zoned Sl/Residence.
Filed by Matthew Skelton of Bingham McHale LLP. for Leeds, LLC.
Petitioner, please note the following:
1. This Item will be on the September 22 agenda of the Technical Advisory Committee (TAC).
2. Mailed and Published Public Notice needs to occur no later than Friday, September 24.
Published notice is required within the Indianapolis Star.
3. Proof of Notice will need to be received by this Department no later than N oon, Friday, October
15. Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than NOON, Friday, October 8. Failure to submit Informational
Packets by this time will result in the tabling of the petition to the November 16, agenda of the
Plan Commission.
5. The Item will appear on the October 19, 2004 agenda of the Plan Commission (under "Public
Hearings").
6. The Item will also appear on the Thursday, November 4, agenda of the Plan Commission
Subdivision Committee.
7. Please deliver plans to all TAC members by September 7, in order to be heard at the Sept. 22
TAC meeting.
Please contact Mr. Skelton at 776-8654 (Fax: 776-8657) with this infonnation. Once the file is
updated please return it to my office. - ~-;) 5 ~o tf
Thank you, ~
Matt
8/25/2004
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PRIMARY PLAT CHECKLIST
NAME'OF APPLICANT:__J.:.~eds,_LLf_ by~tev~~p~!iard~_Es~_______________
NAME OF SUBDIVISION: Saddlebrook at Shelborne
DATE O'F PLA,N COMMISSION MEETING:_-<2.9tob~!.1~L -2Q.Q1-___~________________
PREPARED BY: --Eaull~JipeJ-l.Q9~_______ DATE: _~~.fLl!~19-L~OO.L
R'ickRadabaugh, Eng.
X 1.
X 2.
X 3.
X 4.
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A Two Copies of Plat to Illustrate.
Name of subdivision (5.2.1)
Words "PRIMARY PLAT" (5.2.1)
Date of submission of latest revisions (5.2.1)
Name of subdivision designer (5.2.1)
Present zoning classification, (5.2.1)
Total acreage ot the plat (5.2..1 )
Name, address, telephone number of owner, subdivider & registered land surveyor (5.2.2)
Street and rights-at-way: (5.2.3)
a. Locations
b. Names
c. Street width
d. Right-of-way width
Location, size and capacity of: (5.2.5)
a. Proposed sanitary sewers
b. Water mains, hydrants
c. Drainage system
Layout of lots showing dimensions, lot number & square footage (5.2.6)
Parcels to be dedicated or reserved for public use (5.2.7)
Contour slopes (5.2.8)
Tract boundary lines showing dimensions, angle bearings, existing monuments, markers
and benchmarks. (5.2.9)
Location of tlood plains (FP, FF and FW) (5.2.10) ,
Building setback lines (5.2.11)
Legends and notes (5.2.12)
B Supporting Data-
Area location map of 1" = 500' to show: (5.3.1)
a) Existing adjacent uses
b) Watershed boundaries
c) Thoroughfares directly related to proposed subdivision
d) Existing adjoining' zoning' classifications and proposed uses
e) Title on area location map, its scale, north arrow and date information was placed on
map
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2.
X 3.
X 4.
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X 10.
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Service reports of statements (5.3.3)
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a) Poli.ce and Sheriff
b) Fire Department
c) Watar and sanitary sewer utilities
d) Electric, gas and telephone utilities
e) Carmel/Clay schools
f) Hamilton County Health Department
g) Surveyor, Drainage Board, County Commissioners
h) Indiana Natural Resources Commission
i) Carmel Board of Public Works
j) Director of the Dept. of Community Development
Report describing water system, sanitary sewer system a'nd storm drainage system
Statement from State Highway, County Highway or City Street Dept.
Soils map and report from Hamilton County Soils & Water Districts (5.3.6)
A description of the protective covenants or private restrictions (5.3.7)
Erosion control plan (5.3.9)
Statement from the Carmel Board of Public Works or other appropriate authority stating that
said authority has capacity for sewer/water hookups (5.3.10)
Landscape plan
Proposed signage plan
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Carmel Plan Commission
Carmel, Indiana
DOCKET NO. NAME OF SUBDIVISION: Saddlebrook at Shelborne
PETITIONER: Leeds, LLC by Steven D. Hardin, Esq.
Based upon all the evidence presented by the petitioner and upon the representations and
certifications of the staff of the Department of Commun,ity Development, I determine that the plat
complies with standards of the Carmel Clay Subdivision Control Ordinance.
I hereby approve of the primary plat as submitted with the following specific conditions as agreed to
by the petitioner.
Condition 1.
Condition 2.
Condition 3.
I hereby disapprove of the primary plat as submitted for the following reasons:
1.
2.
3.
DATED THIS
DAY OF
,20
Commission Member
Z:\shared\forms\PC applications\primaryplat
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COMMITMENTS CONCERNING THE
USE AND DEVELOPMENT OF REAL ESTATE
The' undersigned, Leeds, LLC (hereafter "Developer"), the Contract Purchaser of the
, following described real estate located in Hamilton County, Indiana (hereafter "Real' Estate"),
makes the. following Commitments conce'ming the use and' development of Real Estate to the
Cannel Clay Plan Commission ("Commission").
1. Description of Real Estate. See Ex~ibit "A" hereto ("Real Estate").
2.
Docket No.
(Saddlebrook at Shelbome)
3. Statement of Commitments.
A. Developer commits to either, as Developer elects:
1. Construct a one-half roadway (including existing pavement) of two
(2) 12 foot lanes with curb and gutter in the one-half of the right-
of-way adjacent, to the Real Estate of Shelbome Road (the
"Construction Improvements"); or
2. Widen the one-half of the right-of-way adjacent to the Real Estate
of Shelbome Road with three (3) feet of pavement and three (3)
feet of stone sholllder to the existing pavement (the "Widening
Improvements ") and contribute in cash to the Cannel Department
of Community SerVices ("DOCS") a sum equal to the difference
between the estimated cost of the Construction Improvements and
the estimated cost of the Widening Improvements (the' "Cash
Contribution"), as detennined by agreement between Developer
and DOCS, to be applied by DOCS to such other roadway
improvements' within a one-mile radius of the Real Estate as
DOCS may detennine.
B. In the event Developer elects option 3.A.2, Developer shall, prior to
recording a secondary plat with respect to the Real Estate, pay DOCS a
pro rata portion, of the Cash Contribution in ,an amount equal to the Cash
Contribution divided by the' total number of lots in the Primary Plat
approved in Docket No. times the number of lots shown
on the secondary plat fO,r which approval 'was received. The roadway
improvements provided for and contemplated by these Commitments
require and may be subject to the approval of the Hamilton County
Highway'Department/Hamilton County Commissioners.
4. Binding on Successors and Assigns. These commitments are binding on the
Developer of the Real Estate, each subsequent Owner of the Real Estate, and
each other person acquiring an interest in the Real Estate from ,Developer. These
commitments may be modified or tenninated only bya decision of the
Commission made at a public hearing after notice as provided by the rules of the
Commission. The foregoing notwithstanding, these commitments shall teIminate
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upon the recordation of a Secondary Plat as to the partes) of the 'Real Estate
described therein.
5. Effectiveness. These commitments are a condition to the approval by the
Commission of the Secondary Plat und,er Dock~t #
6. Recording. The undersigned hereby authorizes the Secretary of the Commission
'or the Director of the Department of Community Services to record these
commitments in the Office of the Recorder of Hamilton County, Indiana, prior to
the recordation of the first approved Secondary Plat for all or a part of the Real
Estate.
7. Enforcement. These commitments may be enforced by t~e Commission and City
of Carmel, Indiana.
Executed this _ day of
, 2004.
Leeds, LLC
By: Michael H. Stikeleather
Its: Manager
STATE OF INDIANA )
) SS
COUNTY OF HAMILTON )
Subscribed and sworn before me, a Notary Public, in said County and State, appeared
Michae~ H. Stikeleather, the of Leeds, LLC, the Developer, and acknowledged
the execution of the foregoing Commitments concerning the use and development of the Real
Estate for and on behalf of Leeds, LLC.
WITNESS my hand and Notarial Seal this
day of
, 2004.
My Commission Expires:
(printed) Notary Public
Residing in Hamilton County
This document prepared by Steven D. Hardin, BINGHAM McHALE, 970 Logan Street,
Noblesville, Indiana 47060, (317) 776-8650.,
.IIi a 'eo.
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EXHIBIT A
LEGAL DESCRIPTION
The North Half of the Southwest Quarter of Section 32, TownshIp 18 North, Range 3
East, Excepting the North Half of the Northwest-Quarter of the Southwest Quarter of
Section 32, Township 18, North, Range 3 East, Clay Township, Hamilton County,
Indiana, and being more particularly described'as follows:
Commencing at the Northwest corner of the Southwest Quarte'rof said Section 32,
thence North 89 degrees 27 minutes 59 seconds East (bearing based upon the State
Plane Grid Bearings, Indiana East Zone, North American Datum[NAD] 83) 1327.22 feet
along the North line of said Southwest Quarter section to the Point of Beginning; thence
continuing, North 89 degrees 27 mi,nutes 59 'seconds, East 1327.22 feet to the Northeast
corner of said Southwest Quarter section; thence South 00 degrees 05 minutes 32
seconds West 1319.85 fe'et along the East line of said Southwest Quarter section to the
Southeast corner 'of the North Half of said Southwest Quarter' section; thence South 89
degrees 33 minutes 29 seconds West 2652.38 feet along the South line of the aforesaid
,North Half to the West line of said Southwest Quarter section;, thence North 00 degrees
00 ~inutes,17 seconds East 657.79 feet along said West line to the Southw,est corner
of the North Half of the Northwest Quarter of the Southwest Quarter section; thence
North 89 degrees 30 minutes 44 seconds East 1326.70 feet along the South line of the
aforesaid North Half Quarter-Quarter section to the Southeast corner thereof; thence
North 00 degrees 02 minutes' Q5 seconds East 658.86 feet along the 'East line of the
aforesaid North Half Quarter-Quarter section to the Northeast corner of the aforesaid
North Half Quarter~Quarter section and the Point of Beginning, containing 60.210 acres,
more or less.
Subject to all easements, rights of way and restrictions of record.
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DECLARATION OF COVENANTS, EASEMENTS AND RESTRICTIONS
FORSADDLEBROOK AT SHELBORNE SUBDIVISION
THIS DECLARATION OF COVENANTS, 'EASEMENTS AND RESTRICTIONS FOR
SADDLEBROOK AT SHELBORNE SUBDIVISION ("Declaration"), made this
day of , 2004 by Pam II, LTD., an Indiana limited partnership
(hereinafter referred to as "Declarant"),
WITNESSETH THAT:
WHEREAS, the Declarant is the owner in fee simple of certain real estate
located in Hamilton County, Indiana, more particularly described in the attached Exhibit
A ("Real Estate"); and,
WHEREAS, the Declarant is developing the Real Estate as a residential
subdivision consisting of detached, one family dwellings located on separate lots, to be
. known as "Saddlebrook at Shelbome" (hereinafter referred to as the "Subdivision"),
which shall be platted by Declarant; and,
WHEREAS, Declarant desire to subject the Real Estate to certain covenants in
order to provide appropriate easements and restrictions with respect to the use and
enjoyment of common area and lakes in the Subdivision and to ensure that the
development and use of the various lots in the Subdivision are harmonious with and do
not adversely affect the value of any other lots in the Subdivision; and
WHEREAS, the Declarant desire to provide for the maintenance and repair of
the Common Property (as herein defined) located or to be located in the Subdivision,
which is of common benefit to the owners of the various lots within said Subdivision,
and to that end desires to establish certain obligations on said owners and a system of
assessments and charges upon said owners for certain maintenance and other costs in
connection with the operation of the Subdivision;
NOW, THEREFORE, the Declarant impose upon the Real Estate the following
covenants, which shall run with the Real Estate and be binding upon Declarant and upon
all successors to and assigns of all or any part of Declarant's interest in the Real Estate:
ARTICLE 1.
General Purpose of This Declaration
The Real Estate is hereby subjected to the covenants, easements, conditions, and
restrictions herein declared to preserve the value of the Real Estate, to provide for
appropriate reciprocal rights and obligations between Owners with respect to Common
Property (as herein defined) shared by them, to ensure proper use and appropriate
improvement of the Real Estate, to encourage the construction of attractive buildings and
other attractive improvements at appropriate locations on the Real Estate, to prevent
haphazard development thereof which may be inharmonious with other improvements on
the Real Estate or within the Subdivision, to preserve and maintain proper setbacks from
streets and adequate free space between structures, to provide for adequate and proper
maintenance of the Real Estate so as to ensure a high quality appearance and condition
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on the Real Estate, all for the purpose of p~eserving the value of all Lots within the
Subdivision and to ensure desired high standards of maintenance of the Real Estate to the
benefit of all Owners within the Subdivision.
ARTICLE II
Definitions 'For All Purposes Of This Declaration
The following terms, whenever used in this Declaration, shall have the meanings
assigned to them by this Article II:
Section 1. Assessment. "Assessment" means the:share of the Common Expenses
imposed upon each Lot, as determined and levied pursuant to the provisions of Article
VI.
Section 2. Association. Association means Saddlebrook at Shelborne
Homeowners Association, Inc., an Indiana Nonprofit Corporation, formed or to be
formed for the purpose of determining and collecting the Assessments and overseeing
and enforcing the terms of this Declaration and the Subdivision's plat restrictions.
Section 3. Architectural Committee. "Architectural Committee" means solely the
Declarant so long as any Lots remain unsold by Declarant and only after all lots in the
Subdivision' have been. sold by Declarant shall mean the Board of Directors of the
Association, or' any group of not less than three (3)persons designated as the
Architectural Committee by resolution of the Board of Directors, when and to the extent
exercising any rights of consent, pursuant t~ this Declaration. The term Architectural
Committee shall be the same committee as the Architectural Committee as set out ~n the
Plat Restrictions.
Section 4. Subdivision. "Subdivision" means the Saddlebrook at Shelbome
subdivision,as shall be platted and recorded by Declarant in accordance with the
provisions of this Declaration.
Section 5. Common Area. "Common Area" means certain op,en spaces, streets,
lakes and any other areas or community facilities which may be designated by Declarant
as Common Area on the plat of the Subdivision, as the same may be recorded from time
to time, and which is intended for the common benefit of all Lots. Without limiting,the
generality thereof, Common' Area shall include, to the extent not dedicated to the public,
all streets, sidewalks, green spaces between curbs and sidewalks, green' spaces between
right of way lines and sidewalks, curbs, water mains, fire hydrants, the Drainage System,
the Sewage System, street lights, street signs, paths, lakes (including water supply pumps
and wells), retention ponds, and open spaces.
Section 6. Common Expense. "CoITIJ:Tlon Expense" means the actual and
estimated cost to the Association for maintenance, management, operation, repair,
improvement, and replacement of Common Area and the Common Property, real estate
taxes or personal property taxes assessed against any Common Area or Common
Property, ,and any other cost or expense incurred'by the Association for the benefit of the
Common Area or Common Property, and shall. also include the cost of maintaining the
landscaping upon the Lots if so desired by the Board of Directors of the Association'- and
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any other cost or expense incurred by the Association pursuant to this Declaration or in
the course of performance of its duties under this Declaration. Common Expenses shall
not include any costs or expenses incurred in connection with the initial installation or
completion of the streets, lakes, utility lines and ,mains, street lights, or other
improvements constructed 'by or installed on behalf of Declarant, but shall include the
costs of any private water supply system to service the ponds.
Section 7. Common Property. "Common Property" means all real and personal
property which is in the nature of common, or public improvements or areas, as may be
designated on the plat of the Subdivision, and which is located in, upon, or under the
Common Areas or Easements within the Subdivision other than such as may have been
dedicated to the public and accepted for maintenance by the appropriate public agencies.
Section 8. Declarant. "Declarant" means Pam II, Ltd. (aka Pam II, LP) , an
Indiana limited partnership or any other person, firm, limited liability company,
corporation or partnership which succeeds to the interests of Pam II, Ltd (aka Pam II, LP)
as developer of the ~ubdivision as set forth in a recorded instrument expressly
transferring the rights and obligations of Declarant.
Section 9. Drainage System. "Drainage System" 'means the storm sewers,
subsurface drainage tiles, swales, ditches, pipes, and other structures, fixtures, properties,
equipment and facilities located in, upon, or under the Common Area or Easements, and
designed for the purpose of expediting the drainage of surface and subsurface waters
from, over, and, across the Subdivision, other than such as may have been dedicated to
the public and accepted for maintenance by the appropriate public agency.
Section 10. Easements. "Easements" refer to those areas reserved as easements
of any type whatsoever on the plat of the Subdivision, as the same may be recorded from
time to time.
Section 11. Lot. "Lot" means any of the separate 'parcels identified on the final
plat of the Subdivision, as the same may be recorded from time to time. Lots shall be
numbered. More than one Lot may be collectively referred to as Lots.
Section 12. Mortgagee. The term "Mortgagee" means any holder, Insurer, or
guarantor of any first mortgage on any Lot.
Section 13. Owner. "Owner" means any person or persons, entity or entities
other, than Declarant who hold or acquire on or after the date of this Declaration legal
and/or equitable title to any Lot; provided, however, that "Owner" shall not include any
Mortgagee so long as such Mortgagee does not have possession of the Lot or hold both
legal and equitable title thereto.
Section 14. Plat. "Plat'" shall mean the final recorded plat of the Subdivision.
Section 15. Plat Restrictions. "Plat Restrictions" shall mean all the restrictions,
covenants, terms and conditions stated on the Plat.
Section 16. Sewage System. "Sewage System" means any sanitary sewer lines,
lift stations, equipment, or facilities located in, upon, or under the Common Area or
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Easements and designed to provide for the discharge of sanitary sewage from any or all
Lots, as the same are or may be constructed at any time, and any replacement thereof or
substitute therefor, except such as may have been dedicated to the public and accepted
for maintenance by the appropriate public agency.
Section 17. Water System. "Water System" means any non utility provided or
irrigation water lines, including wells, pump stations, fire fighting cisterns, equipment or
facilities located in, upon, or under the Common Area or Easements and designed to
provide for the supply of water to any of the Lots, as the same are, or may be,
constructed at any time, and any replacement thereof or substitution thereof, except such
as may have been dedicated to the public or public utility, and accepted for maintenance
by such public agency or public utility.
Section 18. Builder. "Builder" means any person or persons, entity or entities
other than Declarant or Owner who hold or acquire on or after the date of this
Declaration legal and/or equitable title to any Lot for the sole purpose of erecting a
residence on the said Lot within one year after acquisition of the Lot in accordance with
the terms and conditions set forth in this Declaration and the Plat Restrictions.
ARTICLE ill.
Use and Bulk Restrictions
Section 1. Permitted Uses. All improvements on any portion of a Lot shall be
used or occupied only for residential purposes, with no more than one (1) dwelling unit
per Lot and one (1) nuclear family per Lot. Except as provided in this Article ill, no
business buildings shall be erected on the Real Estate and no commercial enterprise may
be conducted on any part thereof including, but not limited to, any hotel, motel, bed and
breakfast, or transient use. No lease on any Lot or portion thereof shall have a term of
less than six (6) months.
Section 2. Types of Structures. Except as provide,d in this Section 2, no structure
shall be erected, altered, placed, or permitted to remain on any Lot, other than one
detached, single-family dwelling with an attached side-loading garage for at least three
(3) but not more than four (4) cars. unless otherwise permitted by the Architectural
Committee. No such structures shall be erected on any Lot without the prior written
approval of the Architectural Committee. Except as provided in this Section 2, any
garages, pool houses, storage areas or any other structure which if detached would be
considered an accessory building must be attached to and be under the same roofline or
rooflines as the primary dwelling, shall be of a permanent type of construction and shall
conform to the general architecture and appearance of said residence~ No shack of any
type, mobile home, modular home, manufactured housing, outhouse, detached storage
shed or tool shed, cage, or barn of any kind whatsoever shall be erected, situated, stored,
or otherwise located on any Lot, except
a. such structures used by a builder during the construction of a proper single-family
dwelling structure, provided such builder's temporary structures shall be promptly removed
from the lot upon substantial c~mpletion of the proper structure and shall not be permitted to
remain on the lot in any event for more than twelve (12) months after the commencement of
construction, of the proper single-family dwelling structure, unless such period is extended in
writing by the Developer or the Architectural Committee, and
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b. a free standing pool house in close proximity to the pool and which has the exterior
and roof which matches the primary dwelling on the lot.
Except as provided in the preceding sentence, no structure of a temporary or readily
moveable character may be placed upon any Lot or used as a residence.
Furthermore, no fences, walls which act as a fence, stone barrier~, animal cages,
stalls, pens, corrals, pastures, pool enclosures, athletic court enclosures or hedging or
other landscaping which acts as a fence or barrier shall be erected, placed, located, or
situated on any Lot unless permitted by the Architectural Committee; provided, however
the Declarant shall have the right to erect and the Association has the right to maintain a
perimeter fence around the Subdivision and an entranceway gate or gates to the
Subdivision.
Section 3. Setbacks and Pad Elevation. No building or other structure shall be
placed closer to the street, Outlot, or the property lines of each Lot that is shown by the
building setback lines or as otherwise stated Plat Restrictions or shown in the Plat. No
building shall be constructed lower than the minimum building pad elevation set forth in
the Plat.
Section 4. Manner of Use. Each Owner shall use and occupy his respective Lot
and all easements and rights-of-way appertaining thereto, in a careful, safe, and proper
manner and keep his Lot in a clean and safe condition in accordance with this
Declaration, applicable zoning ordinances, all health, fire, and police requirements and
regulations, state statutes, local ordinances, the lawful directions of proper public
officials, the Plat Restrictions set out in the plat of the Subdivision and all rules and
regulations as promulgated from time to time by the Board of Directors of the
Association. No Owner shall conduct nor permit any person to conduct any nuisance or
any unlawful activity on the Real Estate.
Section 5. Floor Area. The ground floor of each multi-story dwelling constructed
on a Lot, exclusive of one story open porches, terraces, balconies, carports, and garages,
shall not be less than 1600 square feet of finished and livable floor area. Any such multi-
story dwelling sha~l have not less than an aggregate of 3200 square feet of finished and
livable floor area. In the case of a one-story structure, the ground floor area, exclusive of
open porches, garages, carports, terraces, and balconies shall not be less than 2600
square feet of finished and livable floor area. Basement floor area shall not be counted in
the above square footages and shall be in addition thereto. At no time shall there be on a
Lot in the Subdivision or on the exterior of any dwelling any satellite dish, antenna,
wireless communication receiving apparatus, or similar devices or cables thereto;
provided, however, small satellite dishes or other similar receiving antennae devices may
be approved for installation by the Architectural Committee. Notwithstanding, the
foregoing, the Architectural Committee, or the Developer shall with respect to Lots on
which no dwelling has begun to be constructed, may increase each of the minimum
square footages, may increase or decrease building setbacks for individual Lots or in the
aggregate, may promulgate 'and amend construction guidelines which include, but are not
limited to, heights, number of stories, widths, depths, styles, materials, roof pitches,
garage locations, landscaping, and related matters. In addition to the foregoing, the
owner of each Lot must comply with local zoning ordinances or seek variances thereof.
Section 6. Building Exteriors. The finished' exterior of every building
constructed or placed on any Lot in the Subdivision shall be of material acceptable to
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and approved by the Architectural Committee. Notwithstanding the requirements set
forth in this Section 6, the Architectural Committee may authorize the use of other
materials as determined in its sole discretion; provided however, at no time shall the
Architectural Committee approve the use of plywood, vinyl, or"aluminum siding on any
dwelling on any Lot. For all single story buildings in the Subdivision, the finished
exterior shall be completely brick of a uniform color or design. For any buildings
containing a second story, the exterior of the first (ground) story shall be completely
brick of a uniform color or design, and the exterior of the second story on the front
elevation shall completely be the same brick as used on the first story, and the remainder
of the second floor exterior may be (i) the same brick as used on the first story, (ii) stone,
of a uniform color and design, (iii) dryvet pf a uniform colof'and design, or (iv) wood of
a uniform color and type. At no time shall aluminum, plywood, or vinyl siding be used
on any portion of the exterior of any building constructed in'the Subdivision. All
driveways must be paved with asphalt or concrete from their point of connection with the
abutting street or road to, tije dwelling house. At no point along the length thereof shall
the paved area of the driveway be less than twelve (12) feet in width.
ARTICLE IV.
General Rights 'and Restrictions
Section 1. Nuisances. No farm animals, birds or fowl, wild animals or domestic
animals for commercial purposes shall be kept or permitted on any Lot. Furthermore, at no
time shall any dog runs, kennels, animalstorage areas, pens, cages, or pastures, be created,
constructed, erected, or placed on any Lot in the Subdivision. At no time shall any animal
storage, veterinary medicine, emergency animal care, or animal grooming or sitting activity be
permitted on any'Lots in the Subdivision.
Pets shall be ,permitted outdoors only within the boundaries of an electronic
invisible fence or ul1der leash, and if under leash, accompanied by an Owner or other
person, and each Owner shall be fully liable for any injury or 'damage to any person or to
the Common Area or, Cominon Property caused by his or her pet or kept animal, and
shall be responsible for removing from such areas his or her pet's waste materials. The
Association may adopt such other rules and regulations regarding pets 'and kept animal
otherwise dealing with the use and enjoyment of the Common Area and Common
Property and the Lots as it may deem appropriate. In the event that "is the judgment of the
Association, any pet or kept animal is causing or creating a ,nuisance or disturbance or
noise, such pet or kept animal shall be permanently removed from the Real Estate upon
written notice of such determination by the Association.
No noxious, unlawful, or otherwise offensive activity shall be carried out on any
Lot in the Subdivision, nor shall anything be done thereon which may be or may become
an annoyance or nuisance to the Subdivision in the opinion of the Association or the
Declarant. No Lot or structure or improvement thereon shall be used in any manner
which causes or might reasonably be expected to cause any' disturbance to the normal use
and enjoyment of surrounding or neighboring Lots, noroin any manner which causes
injury to the reputatipn of the Subdivision, including, without limitation, the burning of
any refuse or excessive noise by the use of any musical instruments, loud speakers,
electrical equipment, amplifiers or other equipment or machines.
Section 2. Sight Obstructions. No trees, hedge or shrub planting which obstructs
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sight lines at elevations between two and six feet above the adjoining streets shall be
placed or permitted to remain on any comer Lot within the triangular area formed by the
street Lot lines and a line connecting points twenty-five (25) feet from the intersection of
said street Lot lines {or in the case of a rounded property comer, from the 'intersection of
the street Lot lines extended to form a comer). The same sight line limitations shall apply
to any Lot within 10 feet from the intersection of a street line' with the edge of a
driveway pavement. As to any trees located within said sight line areas, the Owner
thereof shall maintain the foliage line of such trees at a sufficient height to ,prevent
obstruction of such sight lines.
Section 3. Driveways. All driveways shall be paved prior to or as soon as
practicable after the completion of the construction of the dwelling in accordance with
the Plat Restrictions and the plans and specifications meeting the approval of the
Architectural Committee. Each Owner shall, maintain the driveway(s) located on his Lot
so as to prevent or repair unsightly cracking or crumbling, and shall keep his driveway(s)
clean and free of debris.
Section 4. V ehicle-Parking~ Except as stated herein, all motor vehicles belonging
to members of a household of an owner of a lot shall have permanent parking spaces in
garages or dr.iveways constructed on the Lots in the Subdivision, and no disabled vehicle
shall be' stored on any Lot in the Subdivision~ No recreational vehicle; all terrain vehicle;
go-kart; motorcycle; racing car or parts thereof; bus; coach; boat; jetski; watercraft;
snowmobile; boat, jetski,watercraft, or snowmobile trail~r; semi-trailer; semi tractor;
truck or van of any type (except minivan, c'onversion van, ,van with a maximum capacity
of fifteen (15) persons, or a pick-up truck owned by an Owner of a Lot), farm equipment~
excavation equipment, camper, motor home, tractor, or trailer of any kind may be stored,
parke4, located, or otherwise situated at any time on any Lot or any street or the
Common Area; provided, however, such vehicles may be stored in the garage of the
primary dwelling on the Lot if such.vehicle cannot be seen from any street or any Lot in
the Subdivision. No vehicle shall be parked on a regular, recurrent, or permanent basis
on apy street. This Section 4 shall not apply to any construction vehicles, trailers, or
equipment of Declarant or any other builder in the Subdivision ,during the development
thereof nor shall apply to any excavation equipment used to perform services for any
utilities in the Easements or the Common Area.
Section 5. Signs. No sign of any kind shall 'be displayed to the public view on
any Lot (whether indoors or outdoors), except:
(a) that one sign of not more' than six square feet may be displayed for the
purpose of advertising a house for sale or rent,
(b) signs of not more than .six square feet as may be erected 'by the builders or
Owners (including Declarant) to advertise the property during construction and sale,
(c) such other signs as may be approved by the Architectural Committee and,
(d) if: necessary under applicable zoning regulations or requirements, signs
required by any zoning authority having jurisdiction thereof.
Section 6. Landscaping and Vegetation. Wit~in one hundred eighty (180) days of
the earlier of the occupancy of or completion of the primary 'dwelling on a Lot, each
Owner shall cause or permit all portions of his Lot upQn which no other improvements
are constructed to be covered with grass, ground cover, trees, flowers, or shrubs, and
shall cause or permit such landscaping to be maintained properly, except prior to the
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construction of any improvements thereon'or during the period when the dwelling or
other improvements on the Lot are actually under construction,. Such landscaping shall
be installed only after obtaining the prior written approval of the Architectural
Committee and shall be installed in ac'cordance with a landscape plan approved in
writing by the Architectural Committee~ Such plan shall include as a part thereof, in
addition to other suitable landscaping m~terial, at least two living (2) shade trees which
are to be at least 2.5 inches in diameter at the time of planting and shall be located in the
front yard area of the ,Lot between the street right-of-way line and the building set back
line. At no time shall the owner allow eitner of these two shade trees to remain in the
yard if they become diseased or are dead. In the event of death or disease of either of the
two shade trees, the owner, at its own expense, shall promptly replace the dead or
diseased trees with trees meeting or exc'eeding the above-described requirements.
It shall be the duty of the Owner of any Lot or Lots 'In the Subdivision to keep
the grass on his Lot or Lots properly cut and to keep the Lot or Lots free of weeds and
trash and otherwise neat and attractive in appearance, including, without limitation, the
proper maintenance of any structures on such Lot or Lots. In the event the owner of any
Lot fails to do so in a manner satisfactory to the Association, the Association shall have
the right (but not the obligation) through its agents and employees to enter upon said Lot
and to repair, maintain, and restore the Lot and the improvements or landscaping situated
thereon. The cost of such landscaping or structural repair or maintenance shall be and
constitute an assessment against such Lot and the Owner, to be collected, and enforced
as if it were a part of the a Lot Owner's regular Annual Assessment as provided in the
Declaration.
Section 7. Garbage and Refuse Disposal. No Lot shall be used or maintained as a
dumping ground or area for trash. Rubbish, garbage, or other waste 'shall not be kept on
any Lot except in sanitary, windproof containers, and such containers shall be kept clean,
shall be stored in the garage of each respective unit except for trash pick-up days, and
shall not otherwise be stored on any Lot in open public view. All equipment, garbage
cans, service yards, woodpiles, or storage piles shall be ,kept ,from view of neighboring
residences and streets. All rubbish, trash, or garbage stored outside any residence shall
be regularly removed from the premises and shall not be allowed to accumulate thereon.
There shall not be permitted on the Lots any type of clothes line.
Section 8. Storage Tanks. At no time shall there be situated, or located above,
upon, or beneath the surface of any L'ot any aboveground or underground storage tank of
any type whatsoever.
Section 9. Tree Preservation. No trees may be .removed or relocated from any
Lot without the approval of the Architectural Committee, and applications for such
approval shall be made to :the Architectural Committee in writing, except that such
approval shall not be required for Declarant. Trees are to be removed or added to the Lot
only in accordance with the Plat Restrictions.
Section 10., Placement of Utility Lines. All electrical service lines, gas service
lines, cable television lines, telephone lines, arid 'all other lines or mains which may be
used for the transmission of any form of matter, signal, or energy, which may be located
Qn the Real Estate and which are not within buildings or structures or attached to the
walls thereof, shall be placed underground. All lines which serve anyone Lot shall be so
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located as to be accessible for maintenance and repair without disturbance to structures
and other permanent improvements on any other Lot. To the extent that any lines or
equipment of any utility providing such services are situated on a Lot, such utility shall
have an easement on the Lot for the installation, reconstruction, operation and
maintenance of such lines or equipment.
Section 11. Obstruction of Common Property. No Owner shall unreasonably
interfere with, damage" or obstruct the use or maintenance of any Common Area or
Common Property.
Section 12. Outdoor Lighting and Mailboxes. All outdoor lighting on any Lot
shall be subject to the approval of the Architectural Committee, and all applications for
such approval shall Qe, in writing, except that approval shall not be required for the
Declarant. In addition, no exterior lighting shall be installed on any Lot without the prior
written approval of 'the Architectural Committee and in no event whatsoever shall
lighting be installed which will flow onto or be a nuisance to any other Lot. All outdoor
lighting on any Lot shall be subject to the approval of the Architectural Committee, and
all applications for such ,approval shall be in writing, except that approval shall not be
required for tbe Developer.
Uniform dusk to dawn front yard lights approved by the Architectural
Committee shall be installed by the Owner at Owner's expense prior to the completion of
construction of a dwelling on a Lot. After installation, the Owner shall maintain and
replace the installed dusk to dawn light if necessary at the Owner's expense. Any
replacement front yard dusk to dawn light shall only be that approved by the
Architectural Committee in advance of replacement.
Uniform mailboxes approved by the Architectural Committee shall be installed
on the Lot in the location approved by the Architectural Committee by the Owner at
Owner's expense prior to the completion of construction of a dwelling on a Lot. After
installation the Owner shall maintain and replace the damaged uniform mailbox if
necessary at the Owner's expense. Any replacement mailbox may only be that approved
by the Architectural Committee in advance of replacement.
Section 13. Swimming Pools. No aboveground swimming pools shall be located on any
Lot in the Subdivision. An in-ground swimming pool may be installed on a Lot as an
accessory to the dwelling for the use of the Owner, or their guests subject to the prior
approval of the Architectural Committee. Such pool shall be installed in the rear yard of
the Lot. During the period commencing May 1 and ending September 30 of any calendar
year, the pool shall be fully operable and functional and not violate any building or
health code regulations, ordinances, or statutes. Access to the in-ground swimming pool
shall be restricted by, a power safety pool cover which shall: (A) provide a continuQus
connection between the cover and the deck, so as to prohibit access to the pool when the
cover is completely drawn over the pool; (B) be mechanically operated by a key or key
and switch such that the cover cannot be drawn open or retracted without the use of a
key; (C) is installed with' track, rollers, rails, guides, or other accessories necessary to
accomplish clauses (A) and (B), in accorda1!ce with the manufacturer's instructions; and
(D) bear an identification tag indicating that the cover satisfies the requirements of
ASTM F1346 for power safety pool covers. All pool equipment must be enclosed in a
free standing pump/pool house constructed in accordance with Article ill, Section 2b.
herein. Temporary wading pools measuring no more than six feet (6') in diameter and
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less than one foot (1 ') in depth are permitted without Architectural Committee approval.
Such temporary wading pools must be drained and stored indoors on a nightly basis.
Section 14. Sidewalks. Each Lot shall have a sidewalk constructed along each
Lot line that borders a street. The sidewalk shall be constructed in strict accordance with
plans approved by the Architectural Committee. The edge of such sidewalk nearest the
street shall be located continuously five feet (5') back from the back of the street curb
and shall continuously run parallel with and five feet (5') from the back of the street curb.
The sidewalk shall be constructed of concrete and shall be a maximum of four feet (4') in
width and a minimum of four inches (4") thick. The Owner shall install the sidewalk
when constructing the dwelling on the Lot; provided, however, the sidewalk shall be
fully installed prior to or upon the date of occupancy of the newly constructed home by
the Owner. After installation of the sidewalk, the Owner at its own expense shall repair,
maintain or if required by the Association or Declarant, replace any damaged sidewalk
and restore it to its original condition.
Section 15. Title to Common Area and Common Property. Title to all Common
Area and Common Property shall beheld in the Association. Each Owner shall have as
non-exclusive reciprocal easements appurtenant to his Lot:
a. a right of access to his Lot over the streets as shown on the Plat (streets shown
on the Plat hereinaft~r referred to as "Streets"),
b. the right to the use of all of the Common Area for its intended purposes,
c. the right of access thereto over the Streets,
d. the right of access to and use of the Water System, Drainage System, the
Sewage System, and
e. all utility lines and mains abutting or adjacent to his Lot;
provided, however, that no Owner's use of any Common Area or Common Property shall
materially interfere with any other Owner's use thereof
Section 16. Remedies for Failure to Comply. In the event that any Owner fails to
fully observe and 'perform the obligations set forth in this Declaration or the Plat
Restrictions, 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 Association or the Declarant, the
Association, Architectural Committee (as to the matters for which it has responsibility),
Declarant or any Owner, shall have the right to commence judicial proceedings to abate
or enjoin such failure, to collect damages for such failure, to take such further action as
may be allowed at law or equity to correct such failure after commencement of such
proceedings, or any combination of these remedies. 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 or entity, the Association or the Declarant shall
have the right to enter upon such Lot for th~ purpose of correcting such failure and any
harm or damage caused thereby, without any liability whatsoever on the part of the
Association. All costs incurred by the Association, Architectural Committee or Declarant
in connection with any act or proceeding undertaken to abate, enjoin, or correct such
failure; including court costs, interest, 'and attorney fees; shall be payable by the
defaulting Owner upon' demand by the Association, Architectural Committee or
Declarant 'and shall immediately become a lien against his Lot, subject to payment and
collection in the manner provided in Article VII for collection of Assessments (amount
payable by defaulting Owner and lien against Lot collectively hereinafter referred to as
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"Default Assessment"). The rights in the Owners and the Association, Architectural
Committee, or Declarant under this Section shall be in addition to all other enforcement
rightsheteunder or at law or in equity.
Section 17. Lot Access. All Lots shall be accessed from the Streets.
Section 18. Miscellaneous Rights and Restrictions.
(a) Gardens. Vegetable, wild flower, and other gardens may be located
only in the rear yard of a Lot and may not exceed one hundred (100) square feet in size.
Vegetation within the garden area may not exceed three feet (3 ') in height.
(b) Flag Poles. The display of flags and banners or any Lot or the
Common Area shall only be done after written approval of the Ai-chitectural Committee.
At no time shall the Architectural Committee approve the erection of a free standing flag
pole' or poles on any Lot in the Subdivision. The Architectural Committee shall have the
authority to approve the erection of a free standing flag pole or poles in the Common
Area and to approve the display of flags and banners in aggregate total not to exceed
twelve (12) square feet in size from poles or other means anchored or attached to a
dwelling on a Lot in the Subdivision.
( c) Prohibited Items and Activities. Trampolines, clotheslines, wells
providing water for human or household consumption, septic tanks and systems, and
electronic insect eradication devices ("zappers") are prohibited. No trash or glass
clippings maybe'disposedof on any empty Lot in the Subdivision.
(d) Basketball Goals. Basketball goals are permitted subject to approval
by the Architectural Committee. Goals' with black posts and glass or white/translucent
fiberglass backboards may be considered for approval. No basketb'all goal positioned in
a manner likely to result in the use of an adjoining public or private street in connection
with the use of such goal may be approved.
(e) Playground Equipment. Play sets and other recreational equipment
or items must be approved by the Architectural Committee. All approved play sets must
be located behind the Dwelling in the rear yard of, the affected Lot and must be
constructed primarily of a material or materials determined appropriate by the
Architectural Committee. No play set may exceed twelve feet (12') in height. All play
sets shall be kept in good condition and repair, and'shall be stained and/or painted as
reasonably necessary as determined by the Architectural Committee.
(f) Garage and Yard Sales~ Holiday Lights. There shall be no more than
two (2) garage or yard sales held by the Owner or residents of any Lot during any twelve
(12) month ,period. Christmas lights and other holiday or occasion-themed decorations
may be erected no sooner than five (5) weeks prior to, and removed not later than two (2)
weeks after, such holiday or occasion.
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ARTICLE v.
Rights and Obligations for Structures
Section 1. Enjoyment. Each Owner shall have the 'exclusive right (subject to the
provisions of this Declaration) to occupy, and enjoy his Lot and the improvements
constructed thereon in accordance with the terms and conditions set forth in this
Declaration and Plat Restrictions.
Section 2. Maintenance and Repair of Structures. Each Owner shall be
responsible for the maintenance, repair, and reconstruction of his Lot and all
improvements located th~reon, including landscaping, and shall keep,the same in good
condition and repair. The Association shall have the right to enter upon each Lot for the
p'erformance of its maintenance and repair rights or duties hereunder or under the Plat
Restrictions. This right of entry shall include, but not be limited to, the entrance onto a
Lot for trash and weed removal, grass cutting, landscape maintenance and repair, and
building or structural maintenance, repairing, and reconstruction.
Section 3. Insurance",Casualty. The Association shall maintain a master policy of
insurance against fire and other casualty, with stand':lrd extended coverage endorsements,
on the Common Property and on all improvements in the Common Area, in an amount
equal to the full insurable value of such improvements. Such insurance shall include a
replacement cost endorsement and inflation, guard endorsement (if obtainable) and shall
name as insureds the'Declarant, its members and officers, and the Association including
the Association's officers and directors. In the event that the improvements on any Lot(s)
are damaged or destroyed by any casualty, 'theOwner(s) thereof shall promptly repair or
reconstruct the same substantially to their condition imm~diately prior to such damage or
destruction; provided, that subject to the other provisions of this Declaration, such
Owners may elect to remove the remainder of the improvements and construct new
improvements thereon not necessarily the same as the ones previously constructed. Any
new improvements not the same as the ones previously constructed shall only he
constructed, erected or, placed on the Lot after the ,prior written approval of the
Architectural Committee.
Section 4. Failure to Repair, Maintain or Reconstruct; Remedies. In the event
that any Owner shall fail or refuse to maintain,"repair, or reconstruct any improvements
for which he 'is responsible under this Article V and shall persist in such failure or
refusal after thirty (30) days prior written notice thereof, then in addition to all other
rights and remedies as may be available at law or in equity" the Association shall have
the right, to enter upon such defaulting Owner's Lot al1d perform all necessary work
thereon to return the improvements or landscaping or both tq good condition and repair
or to build such structures or improveri1en~sas are nec,essarytorestore the improvements
to a complete and useable architectural unit., In the event that such failure or refusal shall
result in any condition which is the Association has determined or is causing or is likely
to ca,use immediate and substantial harm to persons or property outside of such
defaulting Owner's Lot, such right of entry shall be immediate. All costs incurred is a
result',of such entry and the work p~rformed on such defaulting Owner's behalf
,(including,attorneys' fees, interest, and court costs) shall be payable by the Lot's Owner
on demand by the party in~urring such costs, and, shall constitute a lien on such
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defaulting Owner's Lot from the date(s) incurred in favor of the party incurring such
costs. Such amounts shall be collected and enforced as a Default Assessment in
accordance with Article -VII below.
ARTICLE VI.
Construction Approvals
Section 1. Plans,. Specifications and Locations ,of Improvements. 'No building,
structure, driveway, patio, swimming pool, landscaping,; antenna, tennis court, or other
form of improvement shall be erected, placed, or altered on any Lot until the building
plans, specifications, landscape plan, and plot plan showing the design, dimensions,
color, materials, and location thereof have been approved by the Architectural
Committee as to their conformity and harmony of external design with the existing
buil4ings, structures, and other Improvements in the "Subdivision, and as to compliance
with applicable law and the covenants 'herein contained; provided, however, that no such
approval shall be required for any improvements constructed by Declarant. Subject to
Article IV Section 18{ f), at rio ti,me shall their be the erection, construction, installation,
or placement of figurines, statues, ,posters, pictures, photographs, portraits, mobiles,
flags, banners, ~amps, artistic creations or other items which the Architectural Committee
believes in its sole dis~retion could cause embarrassment, discomfort, annoyance, or
nuisan~e to the occupants of the Subdivision that is 'either (i) attached to the exterior of a
dwelling located 'on a Lot ~r (ii) otherwise located in, on, or above a Lot. If the
Architectural Committee fails'to act upon any plans submitted to it for approval within a
period of sixty (60) days from the submission date of ~uch plans, such failure shall be
deemed approval and the Owner may then proceed with the construction according to the
plans submitted; provided, the commencement is made within one (1) year from the date
of submission to the ,Architectural Comtnittee for their approval. The Architectural
Committee shall not be entitled to any compensation for services performed pursuant to
this Article VI, except as 'may be approved by the Beard of Directors of the Association.
Section 2. Exercises of Discretion by Architectural Committee. Whenever any
approval or exercise of discretion by the Architectural Committee is called for by this
Declaration or the Plat Restrictions, the Architectural Committee shall exercise its
discretion reasonably in view of the general purposes of this Declaration, as set forth in
Article I, and in view of any specific purposes or ~tandatds which govern the specific
approval or exercise of discretion in question, as may be specified in the section or
sections of this Declaration relating thereto. The Architectural Co~ittee shall have no
power to approve any plans that do not -comply with, the use and bulk restrictions set
forth in Article ill of this Declaration, or to v3;ry or alter any other term, condition,
covenant, or restriction in'this Declaration or Plat Restrictions; unless' express authority
therefor is granted by this Declaration or by the Plat Restrictions.
Section 3 . Completion of Work. Upon receipt of all approvals required pursuant
to this Article, each Owner shall, as soon as practical, satisfy or cause to be satisfied all
conditions thereof and diligently proceed with the commencement and completion of all
approved construction. If the landscaping is n~t installed within the time period set forth
in Article IV Section 6 above or if any othe~ work is not substantially completed within
eighteen months of the date of such approval~ or such longer period as the Architectural
Committee may approve prior to the expiration of such eighteen months, then the
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approval of the plans for such landscaping or work shall terminate automatically without
any further act by any person, and stich Owner shall not commence or continue such
landscaping or construction without further approval of the Architectural Committee
obtained ifithe manner of the initial approval as hereinabove provided. Failure to comply
with the limitations set forth in this section shall constitute a breach of this Declaration
and subject the, defaulting. party to all enforcement proc'edures set forth herein and any
other remedies provide~ by law or equity. Furthermore, the Architectural Committee, at
its discretion, may declare such uncompleted improvement t~be a nuisance and shall
have all remedies provided bylaw, 'in equity or in this Declaration or the Plat
Restrictions, to abate such nuisance.
ARTICLE VII.
Covenants for Maintenance Assessments
Section 1. Purpose of the Assessments. The Annual Assessments (as defined
below), Special Assessments (as defined below), or Defau}tAssessments levied. by the
Association shall be used exclusively for th'e purpose of preserving the values of the Lots
within the Subdivision,' as the same may be platted or replatted from time to time, and
promoting the health, safety, and welfare of the Owner~, users, and occupants of the
same and, in particular" for the improvement, fencing by Declarant or the Association,
repairing, operating, and maintenance of the Common Area or' Common Property,
including, but not limited to, the payment of taxes and insurance thereon, for the cost of
labor, equipment, material, and management furnished with respect to the Common Area
,or Common Property, and any and all other Common Expenses. Each Owner hereby
covenants and agrees to pay to the Association:
(a) a Pro-rata S4are (as hereinafter defined) of the Annual Assessments fixed,
established and determined from time to time as hereinafter provided.
(b) A Pro-rata Share of any Special Assessments fixed, established, and
determined from time to time"as her~inafter provided.
Section'2., Pro-rata Share. The Pro-rata Share of each Owner for purposes of this
Article VII shaiI be the perc,entage obtained by dividing one by the total number of Lots
shown on the Plat or replats of the subdivision, as the same may be recorded from time
to time.
Section 3. Liability for Assessments. Each Assessment, whether Annual, Special,
or Default Assessment, together with any interest thereon' and any costs of collection
thereof, including attorney's fees and court costs, shall be a charge on each Lot and shall
constittife a lien upon each Lot from.' and after tbe due date thereof in favor of the
Association. The Default Assessment is' due and payable by the Owner is a lien on the
Lot when notice is given the Owner of the said Default Assessment. Each such
Assessment, to~ether with any interest thereon and any costs of collection thereof,
including attorney's fees and court costs, shall also be the personal obligation of the
Owner. of each Lot at the time when the A~sessment is due. However, the sale or transfer
of any Lot" pursuant to mortgage foreclosure or any proceeding in lieu thereof shall
extinguish the lien of such Assessments as to payments which become due prior to such
sale or transfer. The lien for 'any Assessment shall for all purposes be, subordinate to the
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lien of any Mortgagee whose mortgage was recorded prior to the date such Assessment
first became due and payable. No sale or transfer shall relieve such Lot from liability for
any Assessments thereafter becoming due :or from the lien thereof, nor shall any sale or
transfer relieve any Owner of the personal liability hereby imposed. The personal
obligation for delinquent Assessments shall not pass to any successor in title unless such
obligation is expressly assumed by such successor.
Section 4. Basis of Annual Assessments. The Board of Directors of the
Association shall establish an annual budget prior to the beginning of each fiscal year,
setting forth all anticipated Common Expenses for the coming fiscal year, together with a
reasonable allowance for contingencies, and reserves for periodic maintenance and repair
of the Common Area and the repair and replacement of the Common Area and Common
Property. A copy of this budget shall be delivered to each Owner within thirty (30) days
prior to the beginning of each fiscal year of the Association. Such budget, when
approved? shall constitute the basis on which the total annual assessment for the
Subdivision (hereinafter referred to as "Annual Assessment") is determined for purposes
of this Declaration.
Section 5. Basis of Special Assessments. Should the Board of Directors of the
Association at any time during the fiscal year determine that the Annual Assessments
levied for such year may be insufficient to pay the Common Expenses for such year, the
Board of Directors shall call a special meeting of the, Association to consider imposing
such special assessments ,as' may be necessary for meeting the Common Expenses for
such year. A special assessment shall be imposed only with the approval of two-thirds
(2/3) of the Owners, and shall be due and payable on, the date(s) determined by such
Owners, or if not so determiJ?ed, then as may be determined by the Board of Directors
(hereinafter referred to as "Special Assessment").
Section 6. Fisqal,Year; Date of Commencement of Assessments; Due Dates. The
Association shall establish the fiscal year of the Association and such fiscal year may be
changed from time to time by action of the Association. The Annual Assessments on
each Lot in each section of the Subdivision shall commence on the first day of the first
month following the month in which Declarant first conveys ownership of any Lot in
such section to an Owner and shall be due and payable in monthly installments on the
first day of each and every month thereafter; except as may otherwise be established by
the Board of Directors of the Association by notice to the Owners; provided, that if any
Lot is first occupied for residential purposes prior to being conveyed by Declarant, full
Assessments shall be payable with respect to such Lot comme~cing on the first day of
the first month following the date of such occupancy. ,The first Annual Assessment
within each section shall be made for the balance of the fiscal year of the Association in
which such Annual Assessment is made, and the Board of Directors of the Association
may from time to time by resolution authorize the payment of such Annual Assessment
in monthly, quarterly, semi-annual, or annual installments on such date or dates as it
deems appropriate.
Section 7. Duties of the Association.
(a) The Board of Directors of the Association (sometimes hereinafter referred to
as "Board of Directors") shall cause proper books and records of the levy and collection
of each Annual, Special and Default Assessment (hereinafter collectively referred to as
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"Assessment" or "Assessments'-' as the case may require) to be kept and maintained,
including a roster setting forth the identification of each and every Lot and each
Assessment applicable thereto, which books and records shall be kept in the office of the
Association and shall be available for the inspection and copying by each Owner (or duly
authorized representative of any Owner) at all reasonable times during regular business
hours of the Association. The Association shall cause audited financial statements to be
prepared at least annually for each fiscal year of the Association, and shall furnish copies
of the same to any Owner or Mortgagee upon request. The Board of Directors of the
Association shall cause written notice of all Assessments levied by the Association upon
the Lots and upon the Owners to be mailed to the Owners or their designated
representatives. Notices of the amounts of the Annual Assessments and the amounts of
the installments thereof shall be sent annually within thirty (30) days following the
determination thereof. In the absence of any notice regarding the amount of the Annual
Assessment, each Owner shall continue to pay the monthly amount for Annual
Assessments previously paid by such Owner. Notices of the amounts of Special
Assessments shall be sent as promptly as practicable and in any event not less than ten
(10) days prior to the due date of such Assessment or any installment thereof. In the
event notice of any Special Assessment is mailed less than ten (10) days prior to the due
date of the Special Assessment to which such notice pertains, payment of such Special
Assessment shall not be deemed past due for any purpose if paid by the Owner within ten
(10) days after the date of actual mailing of such notice.
(b) Upon ten (10) days prior written notice to the Association, and the payment
ofa reasonable fee, the Association shall promptly furnish upon request to any Owner,
prospective purchaser, title insurance company, or Mortgagee a certificate in writing
signed by an officer of the Association, setting forth the extent to which Assessments
have been levied and paid',with respect to any Lot in which the requesting party has a
legitimate interest. As to any person relying thereon, such certificate shall be conclusive
evidence of payment of any Assessment therein stated to have been paid.
( c) The Association shall notify any Mortgagee from which it has received a
request for notice: (i) of any default in the performance of any obligation under this
Declaration by any Owner which is not cured within sixty (60) days; (ii) of any
condemnation or casualty loss that affects either a material portion of the Subdivision or
the Lot securing its mortgage; (iii) of any lapse, cancellation, or material modification of
any ins:urance policy or fidelity bond required to be maintained by the Association; and
(iv) any proposed action which requires the consent of the Mortgagees or a specified
percentage thereof, as set forth in this Declaration.
Section 8. Non-payment of Assessments; Remedies of Association.
(a) If any Assessment is not paid on the date when due, then such Assessment
shall be deemed delinquent and shall, together with any interest thereon and any cost of
collection thereof, including attorneys' fees, become a continuing lien on the Lot against
which such Assessment was made, and such lien shall be binding upon and enforceable
as a personal liability of the Owner of such Lot as of the date of levy of such
Assessment, and shall be enforceable against the interest of such Owner and all future
successors and assignees of such Owner in such Lot; provided, however, that such lien
shall be subordinate to any first mortgage on such Lot recorded prior to the date on
which, such Assessment becomes due.
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(b) If any Assessment upon any Lot is not paid within thirty (30) days after the
due date, ,(1) the Board of Directors shall have the right to accelerate the payment of
the entire unpaid balance of all Assessments (2) such Assessment and all costs of
collection thereof, including attorneys' fees and court costs, shall bear interest from the
date of delinquency until paid at'a rate of twelve percent (12%) per,annum or a higher
rate if allowed by law, (3) the Association may bring an action in any court having
jurisdiction against the delinquent Owner to enforce payment of the same and/or to
foreclose the lien against said Owner's Lot, (4) there shall be added to the amount of
such Assessment all costs of such action, including the Association's attorney's fees and
court costs, and (5) in the event a judgment is obtained, such judgment shall include such
interest, court costs, and attorneys' fees.
Section 9. Adjustments. In the event that the amounts actually expended by the
Association for Common Expenses in any fiscal year exceed the amounts budgeted and
assessed for Common Expenses for that fiscal year, the amount of such deficit shall be
carried over and become an additional basis for Assessments for the following fiscal
year, except that so long as the Declarant controls the Association, Declarant shall be
responsible for such deficit. Thereafter, such deficit maybe recouped either by inclusion
in the budget for Annual' Assessments or by the making of one or more Special
Assessments for such purpose, at the option of the Association. In the event that the
amounts budgeted and assessed for Common Expenses in any fiscal year exceed the
amount actually expended by the Association for Common Expenses for that fiscal year,
a Pro-rata share of such excess shall be a credit against the Assessment( s) due from each
Owner for the next fiscal year(s), in such amounts as the Board of Directors of the
Association shall, deem appropriate.
Section 10. Initial Assessments and Declarant Liability. No Assessments set
forth in this Article VII shall be due from Declarant or due on any Lot owned by
Declarant or any Lot owned by an company or entity in which, Declarant has an equity,
membership, partnership, or other interest. Upon the initial conveyance of a Lot by the
Declarant or a Builder to, an Owner, the Owner shall pay an initial assessment of Five
Hundred and no/lOO dollars. During the first year following the date of recordation of
the Declaration for the Subdivision, the total Assessments per Lot per year shall not
exceed Five Hundred Dollars ($500.00). In each year thereafter, the total Assessments
per Lot per year shall not be increased by more than the twelve percent (12%) over the
prior year,'until such time as the Declarant relinquishes control of the Association.
ARTICLE VIII.
Organization and Duties of Association
Section 1. Organization of Association. The Association shall be organized as a
Nonprofit corporation under the laws of the State of Indiana, to be operated in
accordance with the Articles of Incorporation and By-Laws thereof. The membership of
the Association shall cons~st of one class of voting members, with each member having
equal voting rights. Subject to Section 6 below of this Article VID, the ownership of each
Lot shall entitle each Owner to one vote for each whole Lot and a fractional vote for his
fraction of any Lot owned by said Owner. The members of the Association shall consist
of the Declarant and Owners of Lots in the Subdivision, as the same may be platted or
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replatted from time to time. In the event that anyone Lot or fraction of a Lot shall be
owned by more than one person, limited liability ,company, partnership, trust,
corporation, or other entity, they shall be treated collective~y as one member for voting
purposes, so that as to any matter being considered by the Association, only one vote
appertains to each Lot for the Owner or Owners of a Lot
Section 2. General Duties of the Association. Except for the rights of individual
Owners to enforce the terms of this Declaration or the Plat Restrictions, the Association
is hereby authorized to act and shall act on behalf ot: and in the name, place, and stead
of, the individual Owners for the common benefit of all such OWners in all matters
pertaining to the maintenance, repair, and replacement of the Common Area or Common
Property, and the 'determination of Common Expenses, the collection of Annual, Special,
,and Default Assessments, the granting of any approvals whenever and to the extent
'called for by this Declaration, and the cure of, enjoining of, or the collection of damages
arising from the default by an Owner of the terms of this Declaration or Plat Restrictions.
The Association shall also have the right, but not the obligation, to act on behalf of any
Owner or Owners in seeking enforcement of the terms, covenants, conditions and
restrictions contained in this Declaration or the Plat Restrictions. Neither the Association
nor its officers or authorized agents shall ,have any liability whatsoever to any Owner for
any action taken under color of authority of this Declaration, or for any failure to take
any action called for by this Declaration or the Plat Restrictions, unless such act or
failure to act is in the nature of a willful or reckless disregard of the rights of the Owners
or in the nature of willful, intentional, frau4:ulent, or reckless misconduct.
Section, 3. Amendment of Declaration. The Association shall have the right to
amend this Declaration at any time, and from time to time, upon the recommendation of
an amendment to the Association by its Board of Directors, and the subsequent approval
of such amendment by both the Owners of at least,ninety (90%) of the Lots and ninety
',percent (900/0) of the Mortgagees; provided, however, that any such amendment of this
Declaration shall require prior written approval of Declarant so long as Declarant owns
any Lots within the Subdivision. Declarant may withhold its approval at its sole
discretion and for any reason whatsoever. Each such amendment must be evidenced by a
written instrument, signed and acknowledged by duly authorized officers, of the
Association, and by Declarant when its approval is required, setting forth facts sufficient
to indicate compliance with this paragraph, including as an exhibit or addendum thereto
a certified'copy of the minutes of the Association meeting'at which the necessary actions
were taken, ,and such amendment shall not be effective until recorded in the office of the
Recorder of Hamilton County, Indiana.
Section 4. Insurance.
A. The Association shall maintain in force adequate public liability insurance
protecting the Association, its officers, directors, employees, and agents; the Declarant,
its members, officers, employees, and agents; and the Managing Agent (as that term is
defined in Section 9 of this Article Vill), its officers and agents against liability for
property damage, personal injury, and death and for, good ,- faith actions beyond their
respective, authorities occurring on or in connection with any and all Common Area and
Common Property, in an amount not less than Three Million Dollars ($3,000,000.00) per
occurrence.for personal injury or death and One Million Dollars ($1,000,000.00) per
occurrence for property damage. Such liability insurance shall include cross liability
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claims of one or more insured parties against other insured parties. The premium for such
insurance shall be Common Expenses.
B'. The Association shall also maintain in force the master casualty policy,
referred, ,to in Article V hereinabove, and shall maintain adequate fire and extended
coverage insurance for all the Common Area and Common Property for the benefit of all
Owners and Mortgagees in the Subdivision, insuring against fire, windstorm, vandalism,
and such other hazards as may be insurable under sta1)dard "extended coverage"
provisions, in an amount equal to the full insurable value of such Common Area and
Common Property, and shall contain the following endorsements if and, to the extent
obtainable at a reasonable cost in the State of Indiana: (i) replacement cost; (ii) inflation
guard: (iii) demolition cost, contingent liability, and increased construction cost in
connection with b,uilding code requirements; and (iv) steam boiler coverage if
applicable). In the event that all or any part of the Common Area or Common Property is
determined to be in a flood hazard area, the Association shall also obtain a master policy
of flood insurance on all s~ctures and improvements on the Common Area or Common
Property within such flooq hazard zone, in an amount at l~astequalto the lesser of 100%
of the current replacement cost of all insurable property within the flood hazard area, or
the maximum coverage 'available for such property under the National Flood Insurance
Program. The amounts of coverages under the foregoing policies may be increased,from
time to time as determined appropriate by the Board of Directors or as may be required
by law.
C. The Association also, if necessary, shall obtain Workmen's Compensation
Insurance, employers liabtlity insuranc,e, ,and such o~her liability insurance, with such
coverages and limits, as' the Board of Directors deems'appropriate.
All policies of insurance of the character described in Sections A, B, and C
above shall contain an endorsement or clause whereby the insurer waives any right to be
subrogated to..any claim against the Association, its officers, directors, employees, and
agents; the Declarant, its members, officers, employees, and agents; and any Managing
Agent, its officers, emplo.yees and agents, or the Owners, and shall further contain a
clause whereby the insurer waives any' defenses based on "acts of individual Owners
whose interests are insured ,thereunder, and shall cover claims of one or more insured
parties against other insured parties. All such policies shall name the Association, its
officers, 'directors, employees, and agents; the Declarant, its members, officers,
employees, and agents; ,and any Managing Agent, its officers, employees and agents, for
the use and benefit of the Owners, as the insured; and shall prohibit any cancellation or
substantial modification to ,coverage without at least ten (10) day's prior written notice to
the Association and to the Mortgagees. Such insurance shall 'inure to the benefit of the
Association, its officers, directors, employees, and agents; the Declarant, its members,
office,rs, employees, and agents; and any 'Managing Agent, its officers, employees and
agents, acting on behalf of the Association. The premiums of all insurance and bonds
required by this Declaration, Plat Restrictions, or by any By-laws of the Association shall
be Common Expenses.
D. The Association may obtain a fidelity bond indemnifying the Association, the
Board of Directo'rs, and the owners for loss "of 'funds resulting from fraudulent or
dishonest ac~s of any employee or officer of the Association or of any other person
handling the funds of the Association or the Owners, which bond shall be written in an
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amount equal to at least one hundred fifty percent (150%) of the estimated annual
operating expenses for the Subdivision.
E. All policies of insurance maintained by the Association pursuant to this
Section shall provide that such coverages be in such amounts as may be required from
time to time by FNMA, FHLMC, FHA or VA.' All policies shall contain a clause
whereby the insurer agrees to provide written notice to the Assoc.iation, to FNMA, and to
any other lending.;institution or agency requesting or requiring the same, prior to any
cancellation or' material modification thereof. The Association shall notify all
Mortgagees of who'm it has notice of any lapse, cancellation, or material modification of
any insurance policy
F. Each Owner shall' have t!1e right to purchase any additional insurance as he
may deem necessary, and each owner shall be solely responsible for loss of or damage to
his personal property located on his Lo~, however caused, including all floor and wall
coverings, appliances, furniture and betterments installed by the Owner. Each Owner
shall be solely responsible for obtaining his own, insurance to cover any such loss and
risk.
Section 5. Condemnation, Destruction. In the event that the Common Area or the
Common Property shall, be ,condemned or taken by any competent public authority, or in
the event the same shall be damaged or destroyed by any cause whatsoever, the
Association shall represent .the interests of the Owners and the Declarant if the Declarant
so desires in any proceedings, negotiations, insurance adjustments, settlements, or
agreements in connection with such condemnation, damage, or destruction. Any sums
recovered by the Association shall be applied, first, to the restoration and repair of any
Common Area or Common Property condemned, damaged, or destroyed, to the extent
such restoration or repair is practicable, and the balance of such sums shall either be held
as a reserve for future maintenanc,e of the Common Area or Common Property or turned
over to the Owners in proport~on to their Pro-Rata Shares, whichever may be determined
by a majority vote of the members of the Association. Each Owner shall be responsible
for pursuing his own action for damages to his Lot, either by reason of direct damage
thereto or by reason of aniinprovement of value due to damage to the Common Property;
provided, however, that upon request of anyOwner(s), the Association shall pursue such
claims on such requesting Owners' behalf, and shall turn any recoveries for such Owners
over to such Owners directly. The Association shall notify all Mortgagees of whom it has
notice of any condemnation, damage" or destruction of any Common Area or Common
Property .
Section 6. Control of Association. During the development of the Subdivision
and until such time as Declarant, its successors and as sighs have no unsold Lot or Lots in
the Subdivision, the Association shall be operated and controlled by Declarant. The
Board of Directors shall consist of persons appointed by Declarant, and each Owner shall
give and shall be deemed to have given to Declarant an irrevocable proxy to vote on any
and all matters on which the Owners are entitled to vote under this Declaration, or under
the Articles of Incorporation or the By~~aws of the Association. The control of the
Association shall be transferred to the owners no later than one hundred twenty (120)
days after the 4ate on which all seventy-seven of the Lots have been conveyed to
Owners. The irrevocable proxy in Declarant shall terminate as of the date of such
transfer. Furthermore, as of the date of this Declaration, Lot numbered 1 (One) as shown
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on the Plat is owned by Declarant. Notwithstanding any thing contained in this
Declaration nor the Plat Restrictions, this Declaration and the Plat Restrictions and the
terms, conditions, restrictions, and obligations set forth in this Declaration and the Plat
Restrictions shall not apply to Lot numbered 1 (One) while it is owned by Declarant.
Section 7. Mortgagee's Rights. The Mortgagees, individually and collectively,
have the right" but not the obligation, to pay any taxes or other charges or assessments
which are or may become a lien against the Common Area or Common Property, in the
event the same are not paid by the Association when due. The Mortgagees also have the
right, but not the obligation, to pay any overdue premiums on hazard insurC;lnce policies
required to be maintained by the Association, or, to secure new hazard insurance
coverage in ,the event of a lapse of any such policies. Any Mortgagee or Mortgagees
making any payment pu~suant to this Section 7 shall be entitled to reimbursement from
the Association promptly upon written demand therefor to the Association.
Section 8. Dealing with Common Area and Common Property. The Association
shall not convey, dedicate, lease, mortgage, pledge, or otherwise transfer or encumber all
or any part of the Common Area or Common Property, without the approval of the
Owners of at least two-thirds (2/3) of the Lots. In dealing with the Common Area and the
Common,Property, the Association shall be deemed to hold the same 'In trust for the use
and benefit of the Owners. Provided, however, the Board of Directors of the Association
may approve easement grants across Common Area for utility, storm and sanitary sewer
lines.
Section 9. Professional Management. The Associ~tion may delegate its duties to
a professional management agent ("Managing Agent"), but any contract for such
purposes shall , be terminable upon not more than 90 days' notice, and no such delegation
shall relieve the Association of its responsibilities under this Declaration.
ARTICLE IX.
Reserved Easements
All public and quasi-public vehicles, including but not limited to police, fire,
ambulance and other emergency vehicles, trash and garbage collection, post office
vehicles, and privately owned delivery vehicles shall have the right to enter upon and use
the streets located in the Subdivision and any Lot therein in performance of their duties.
Declarant hereby reserves and may grant to the Association or to the appropriate public
agencies or utility companies perpetual easements over, upon, and under the Easements
set forth in the,Plat as the same are now or hereafter may be located for the maintenance,
repair, or replacement of any utilities, including but not limited to water, sewers (storm
and sanitary), gas, telephone, electricity, and cable television. In the event that the
Streets are hereafter dedicated to the public and accepted for maintenance by the
appropriate public agency, the Easements reserved herein shall not be effected in any
way by such dedication. In the event that Declarant, its successors or assigns, shall
exercise ,any rights under the Easements hereby reserved, and in the event that such
exercise shall cause any damage to any Lot, the party exercising such easement rights
shall restore such Lot substantially to its condition immediately prior to such exercise.
The Easements hereby reserved, with the approval of the Board of Directors of the
Association or Declarant, may be used for the benefit of property not within the
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Subdivision.
ARTICLE X
Term
This Declaration shall be effective for an initial term of twenty (20) years
commencing with the date of recording of this Declaration and shall automatically renew
for additional term of ten (10) years each, in perpetuity, unless as of the end of any term
both the Owners of ninety percent (90%) of the Lots and the Mortgagees of at least
ninety percent (90%) of the Lots vote to terminate this Declaration, in which case this
Declaration shall terminate as of the end of the term during which such vote was taken.
Notwithstanding the preceding sentence, all Easements created or reserved by this
Declaration shall be perpetual unless otherwise expressly_ indicated herein or unless all
persons or entities entitled to the beneficial use of such Easement shall consent thereto.
ARTICLE XI.
Private Amenities and Services
The Water System, Drainage System, the Sewage System, Common Area and the
Common Property shall be owned and maintained by, the Association so long as this
Declaration remains in force. However, all streets, sidewalks, pathways, and storm sewer
lines and easements thereto shown on the Plat are hereby dedicated to the City of
Carmel, Indiana, its successors and assigns. Furthermore, sanitary sewer and water lines
and easements thereto as 'shown on the Plat are hereby ,dedicated to the Clay Township
Regional Waste District, its successors and assigns. In the event of any termination of
this Declaration and/or any dissolution of the Association, the Association shall convey
the Common Area and the Common Property to a successor organization having similar
purposes and powers as the Association, or it shall use its best efforts to dedicate the
Common Area and Common Property to the appropriate public agencies or utilities
which normally hold and/or administer such property. If such dedication or conveyance
is not possible, such property shall be disposed of as determined by the Circuit Court of
Hamilton County, Indiana, consistent with the purposes set forth in this Declaration. In
the event of the termination or dissolution of the Association, the right, but not the
obligation, of enforcement of the covenants, restrictions, terms, provisions, and
conditions of this Declaration is hereby granted to the City of Carmel Planning
Commission, its successors and assigns~
ARTICLE XII.
Recreation Area
The Common Area designated by the Declarant including any ponds shown on
the plat (hereinafter referred to as "Recreation Area") are used for the recreation, leisure,
and aesthetic pleasure of only the Owner of each Lot in the Subdivision, the tenants of
each Owner, the members of the Owner's or tenant's household living with them and the
guests of the Owner or the Owner's tenant. ConseQl1:ently, the Association shall have the
authority to make such rules and regulations it deems appropriate for the preservation,
welfare, and maintenance of the Recreation Area; provided, however, notwithstanding
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the right of amendment of this Declaration set forth in Article Vill, Section 3, above, at
no time shall the Association or the Owner alter the rule that the use of such Recreational
Area for recreational, leisure, or fishing purposes shall be limited to the Owner of each
Lot in the Subdivision, the tenants of each Owner, the members of the Owner's or
tenant's household living with them and the guests of the Owner or the Owner's tenant,
the members of their households living with them and their guests. Costs and expenses
necessary for the maintenance, repair, dredging, fish stocking, and welfare of the
Recreation Area shall be part of the Common Expenses.
ARTICLE XIII.
General Provisions
Section 1. Covenants Run With the Land. Subject to Article X above, the
covenants created by this Declaration shall attach and run with the Real Estate and shall
be binding upon every person who may hereafter come into ownership, occupancy, or
possession of any portion of the Real Estate.
Section 2. Scope of Covenants. The Declarant and each Owner of any Lot in the
Subdivision, by acceptance of a deed therefor, whether or not it shall be so expressed in
such deed, are deemed to have agreed to each and every one of the various terms,
covenants, conditions, and restrictions contained in this Declaration, and the same shall
be of mutual and reciprocal benefit to Declarant and each Owner of each Lot. Declarant,
the Association, the Architectural Corrimittee (for matters for which it has authority), or
each Owner shall be entitled to enforce this Declaration against any Owner to the full
extent permitted herein and under applicable law, and shall have all rights and remedies
for such enforcement at law or in equity. Each Owner shall be liable for any failure to
fully comply with all of the terms, covenants, conditions, and restrictions contained in
this Declaration only so long as each such Owner shall have any interest in any Lot;
provided, however, that the relinquishing of all of such interest shall not operate to
release any Owner from liability for a failure to comply with this Declaration which
occurred while said Owner had such interest.
Section 3. Interest, Attorney's Fees and Court Costs. As to any legal or equitable
proceedings for the enforcement of, or to restrain the violation of this Declaration or any
provision thereof, if the party bringing such action is successful in obtaining any remedy
against any defaulting Owner, such defaulting Owner shall pay interest allowed by law,
the reasonable attorney's fees, and the court costs due the successful party, in such
amount as may be fixed by the Court in such proceedings.
Section 4. Failure to Enforce Not a Waiver of Rights. The failure to enforce any
term, covenant, condition, or restriction herein contained shall in no event be deemed to
be a waiver of the right to do so thereafter, nor of the right to enforce any other such
term, covenant, condition, or restriction.
Section 5. Rights of Mortgagees. In addition to the rights of Mortgagees
provided in Article VII above, no breach of this Declaration shall defeat or render invalid
the lien of any mortgage now 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
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foreclosure of any mortgage, any purchaser at such sale and his successors and assigns
shall hold any and all land so purchased subject to this Declaration, the Plat, and the Plat
Restrictions. Notwithstanding, any other provision of this Declaration, neither the Owners
nor the Association 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.
Section 6. Effect of In,yalidation. If any provision of this Declaration is held to be
invalid by any court or by operation of law, the invalidity of such provision shall not
affect the validity of the remaining provisions hereof
Section 7. Section Headings. Section headings used herein are used for
convenience only and are not intended to be a part of this Declaration or in any way to
define, limit, or describe the scope and intent of the particular sections to which they
refer.
Section 8. Notices.' All notices in connection with this Declaration shall be made
in writing and shall be deemed delivered (a) upon personal delivery to the individual
, person, if any, designated in writing by the Owner, as listed in the roster of Owner's
names and addresses maintained by the Association; or (b) 'receipt by the addressee or
refusal of receipt by the addressee after the deposit thereof in any United States main or
branch post office, first class postage prepaid; certified, return receipt requested; and
properly addressed to the addressee thereof at the ad~ress listed in the said roster.
Section 9. Deed Clause to Implement Declaration. Each Owner covenants and
agrees that it will not execute or deliver arty deed or conveyance of a fee title interest in
any Lot, or any portion thereof, unless such deed or conveyance contains a clause
substantially as follows:
"By acceptance ,and recording of this conveyance, the Grantee herein
covenants and ,agrees to be bound by (1) the Declaration of
Covenants, Easements and Restrictions for Saddlebrook at
Shelbome Subdivision pertaining to the real estate hereby granted,
which is recorded at Miscellaneous Record Book
Page Number in the Office of the Recorder of Hamilton
County. Indiana and (2) the Plat Restrictions of Saddlebrook at
Shelbome pertaining to the real estate hereby granted which is
recorded at Plat Book , Page in the Office
of the Recorder of Hamilton County, Indiana",
and properly identifying, the Book and Page number therein. However, the failure to
include such clause shall' not have any effect on this Declaration or the enforceability
thereof against any Owner of any interest in any portion of the Real Estate.
Section 10. Provision Against Merger. The Declarant hereby intends that the
Real Estate shall be subject to this Declaration, Plat, or Plat Restrictions that the
covenants contained herein shall' not be'merged into the, title of the Declarant, regardless
of whether the Declarant is the fee title owner of all or any part of the Real Estate at the
Page 24 of 26
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time this Declaration is executed or recorded.
Section 11. Reservations of Declarant. Notwithstanding anything contained in
this Declaration, the Plat or the Plat Restrictions to the contrary, Declarant hereby
reserves the right to make such amend~ents to this Declaration, Plat, or the Plat
Restrictions as may be deemed necessary or appropriate by Declarant without the
approval of any other person or entity, -in order to correct typographical or scrivener's
errors, or to bring, the Declaration, Plat, Plat Restrictions or the Subdivision into
compliance with the requirement of any public agency having jurisdiction thereof or of
any agency guarantying, insuring, or approving mortgages, so long as Declarant owns
any Lots within the Subdivision; provided that Declarant shall not be entitled to make
any af!lendment which has a materially adverse effect on the rights of any Mortgagee,
nor which substantially impairs the benefits of this Declaration, the Plat, or the Plat
Restrictions to any Owner or substantially increases the obligations imposed by this
Declaration, the Plat, or the Plat Restrictions on any Owner.
Section 12. Availability of Documents. The Association shall keep and make
available or inspection d~ring normal business hours copies of this Declaration, the Plat,
the Plat Restrictions, the Articles of Incorporation and By-Laws of the Association, and
the current financial statements of the Association, for the benefit of all persons who
may have an interest therein.
Section 13. Sever?bility. Every one ,of the covenants, terms, conditions, and
restrictions in this Declaration is hereby declared to be independent of, and severable
from, the rest of the covenants, terms, conditions, and restrictions, each and every one
thereof and from every combination thereof. Therefore, if any of the covenants, terms,
conditions, and restricti<?ns herein contained shall be held to be invalid or to be
unenforceable, or shall lack the quality of running with the land, that holding shall be
without effect upon the validity and enforceability or "running" quality of any other of
the covenants, terms, conditions, and restrictions herein contained.
IN WITNESS WHEREOF, the managing general partner of Pam, II Ltd.
on behalf of the said limited partnership does hereby execute this Declaration as
of the date written below:
P AM II, Ltd. (aka Pam II,' LP), an Indiana limited partllership
By: P AM, Inc., an Indiana Corporation and managing general partner of Pam II, Ltd.
BY:
Patricia A. Staton, Vice President of Pam, Inc.
Date:
DECLARANT
Page 25 of 26
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STATE OF INDIANA
)
) ss:
)
COUNTY OF
Before metq.e undersigned, a Notary Public in and for said County
and State, personally appeared Patricia A. Staton, Vice President of Pam, Inc.,
general partner of Pam II, Ltd. (aka :pam II, L.P.) and having been duly sworn,
acknowledged execution of this Declaration, of Covenants, Easements and
Restrictions.
Witness my hand and Notarial Seal this _ day of
, 2004.
My Commissiuon Expires:
Notary Publi,c
Residing at
County
Printed Name
This instrument prepared by and please return to Michael H. Stikeleather, Esq.,
5300 Hessler Road, Muncie, IN 47304 Phone 765/282-1,010.
Page 26 of 26
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PLAT RESTRICTIONS OF SADDLEBROOK AT SHELBORNE
The undersigned, Pam II Ltd., an Indiana Limited Partnership, (hereinafter referred to as the
"Developer"), owner of the real estate shown and described herein, hereby certifies that it has laid off,
platted and subdivided, and does hereby layoff, plat and subdivide said real estate in accordance with
this plat and certificate. This subdivision shall be known and designated as Saddlebrook at Shelborne
(hereinafter referred to as "Subdivision"), an addition in County of Hamilton, City of Carmel, Indiana.
In addition to the covenants and restJ;"ictions hereinafter set forth and contained in this plat, the real
estate described in this plat is also subject to certain additional covenants and restrictions contained in
that certain Declaration of Covenants, Easements, and Restrictions of Saddlebrook at Shelborne
recorded on the _ day of , 2004, in Miscellaneous Record , page
through page inclusive, in the office of the Recorder of Hamilton County, Indiana (the
"Declaration"), and to the rights, powers, duties, and obligations of the Saddlebrook at Shelborne
Homeowners Association, Inc. (the "Association") and Saddlebrook Architectural Committee (the
"Architectural Committee") as set forth in the Declaration. If there is any irreconcilable conflict
between any of the covenants and restrictions contained in this plat and any of the covenants and
restrictions contained in the Declaration, the conflicting covenant or restriction contained in this plat
shall govern and control to the extent pnly of the irreconcilable conflict, it being the intent hereof that
all such covenants and restrictions shall be applicable to the saidreal estate to the greatest extent
possible. All of th~ terms, provisions, covenants, conditions, and restrictions contained in the
Declaration are hereby incorporated herein by this reference. In order-to provide adequate protection to
all present and future owners of lots in the Subdivision, the following covenants, restrictions,
provisions, conditions, and limitations, in addition to those set forth in the Declaration, are hereby
imposed upon and shall run with the land included in the Subdivision and shall be binding upon the
Developer and anyone at anytime owning any part or portion of such land.
1. The right-of-way of Shelborne Road as shown on the within plat, if not heretofore
dedicated, is, subject to existing easements, hereby dedicated to the public, provided that the use of
said space by any utilities shall be underground only.
2. The Association shall, in accordance with the terms of the Declaration, maintain the
Common Area and the costs and expenses of such maintenance of the Common Area (all of which are
included in the Common Area) as set out in the plat, and any private water supply system to service
the ponds shown in the Common Area shall be assessed as part of the general assessment against the
owners of all lots in the Subdivision as provided in the Declaration. All Common Areas within the
Subdivision shall be subjectto the terms and provisions of the Declaration governing the use,
development, and maintenance thereof.
5. There are strips of ground as shown on the within plat designated as various types of
easements. All of the easements are reserved for the use of the public utility companies, governmental
agencies and the Association. The owner of any lot or lots shall not construct any structure on nor
otherwise obstruct any easement. Any Drainage Easements shown on the Plat are hereby dedicated to
the Hamilton County; Indiana Drainage Board ("Drainage Board") or any successor agency having
jurisdiction over storm water drainage in Hamilton County, Indiana. The owners of the lots in the
Subdivision shall take and' hold title to their lots subject to all of the foregoing easements, to the rights
of the public utility companies and governmental agencies and Association therein (which rights also
include the right of ingress and egress in, along, across and through said Easements), to the
jurisdiction of the proper authorities and the Easements herein granted and reserved.
6. Building setback lines are hereby established as shown on this plat. No building or structure
shall be erected or maintained between the building setback lines and the property lines of the lots. If
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the plat does not show a side yard setback line, the side yard setback line shall be a distance of at least
10% per side of the minimum lot width measures at the front yard set back line; no side yard shall be
less than ten (10) feet from the side line of the lot or the easement line, if the side line of a lot passes
through an easement. Furthermore, no fences, walls which act. as a fence, stone barriers, animal cages,
stalls, pens, corrals, pastures, pool enclosures, athletic court enclosures, or hedging or other
landscaping which acts as a fence or barrier shall be erected placed, located, or situated on any lot
unless permitted by the Architectural Committee; provided, however 'the Developer shall have the
right to erect and the Association has the right to maintain a perimeter fence around the Subdivision
and an entranceway gate or gates to the Subdivision. As to all lots in the Subdivision the owners shall
be required to submit ,a drainage plan (which shall show compliance with the minimum building pad,
elevation for the lot as stat~d on the plat) to the Architectural Committee for its approval and which
must also be submitted as part of the application for a building permit and satisfactory to the
governmental agency which issues building permits. The minimum building pad elevation on the plat
sha~l constitute the minimum elevation for all building on said lots. In addition, no buildings,
structures, or other improvements shall be constructed on any part of that portion of a lot lying within
25 feet of the bank of any of the ponds shown in the Common Area as shown on the plat; provided,
however, the Association or the Developer shall have the right to erect a gazebo, shelter or other group
, gathering structure in the Access Easement so long as such structure does not restrain or impede
vehicular or pedestrian traffic in such Access Easement. Where buildings are erected on more than
one single lot, the foregoing restrictions shall apply to combined lots (or parts thereof) as if they were
one. single lot, '.lnd the restrictions apply based on the distance from the buildings, structures or other
improvements to the adjacent lot lines of the lots adjoining the combined lot.
7. All outdoor lighting on any lot shall be subject to the approval of the Architectural
Committee, and all applications for such approval shall be in writing, except that approval shall
not be required for the Developer. Uniform dusk to dawn front yard lights approved by the
Architectural Committee shall be installed by the owner at owner's expense prior to the
completion of construction of a dwelling on a lot. After installation, the owner shall maintain and
replace the installed dusk to dawn light if necessary at ,the owner's expense. Any replacement
front yard dusk to- dawn light shall only be that approved by the Architectural' Committee in
advance of replacement.
Uniform mailboxes approved by the Architectural Committee shall be installed on the lot
in the location approved by the Architectural Committee by the o:wner at owner's expense prior to
the completion of construction ofa dwelling on a lot. After installation the owner shall maintain
and replace the damaged uniform mailbox if necessary at the owner's expense. Any replacement
mailbox may only be that approved by the Architectural Committee in advance of replacement.
8. All lots in the Subdivision shall be used or occupied solely for residential purposes
with no more than one nuclear family per lot. No business buildings shall be erected thereon and
no commercial enterprise may be conducted on any part thereof including, but not limited to,
hotel, motel, bed and breakfast, or transient use. No lease on any lot or portion thereof shall have
a term of less,than six (6) months. Except for those structures permitted under Section 9 below,
no structure shall be erected, altered, placed, or permitted to remain on any residential lot herein,
other than one detached single-family dwelling with an attached side loading private garage for at
least three (3) but not more than four (4) cars unless permitted by the Architectural Committee.
No lot or portion of any lot or portions of any lots may be sold or subdivided so that there will be
thereby created a greater number of lots than the original number platted.
9. The ground floor of each multi-story dwelling constructed on a lot, exclusive of one story
open porches, terraces, balconies, carports, and garages, shall not be less than 1600 square feet of
finished and livable floor area. Any such multi-story dwelling shall have not less than an aggregate o(
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3200 square feet of finished and livable floor area. In the case of a one-story structure, the ground
floor area, exclusive of open porches, garages, carports, terraces, and balconies shall not be less than
2600 square feet of finished and livable floor area. Basement floor area, shall not be counted in the
above square footages and shall be in addition thereto. At no,tim~ shall there be on the lot in the
Subdivision or on the exterior of any dwelling any satellite dish, antenna, wireless communication
receiving devices, or similar devices,or cables thereto; provided, however, small satellite dishes or
'other similar receiving antennae devices may be approved for installation by the Architectural
Committee. Notwithstanding, the foregoing, the Architectural Committee, or the Developer shall with
respect to lots on which no dwelling has begun', to be constructed, may increase each of the minimum
square footages,'may increase or. decrease building setbacks for individual lots or in the aggregate,
may promulgate and amend construction guidelines which include, but are not limited to, heights,
number of stories, widths, depths, styles, materials, roof pitches, garage locations, landscaping, and
related matters. In addition to the foregoing, the owner of each lot must comply with local zoning
ordinances or seek variances thereof.
10. No shacks, mobile home, modular home, manufactured housing, outhouses, accessory
buildings, detached storage sheds or tool sheds, cages, or barns of anyldnd whatsoever shall be
erected, situated, stored, or otherwise located on any lot, except:
a. such structures used by a builder during the construction of a proper single-family dwelling
structure, provided such builder's temporary structures shall be promptly removed from the lot upon
substantial completion of the proper structure and shall not be permitted to remain on the lot in any
event for 'more than twelve (12) months after the commencement of construction of the proper single-
family dwelling stru~ture, unless such period is extended in writing by the Developer or the
Architectural Committee, and
b. a free standing pool house in close proximity to the pool and which has the exterior and roof
which matches the primary dwelling on the lot.
11. Except as stated herein, all motor vehicles belonging to members of a household of an
owner of a lot shall have permanent parking spaces in garages or driveways constructed on the
lotsin the Subdivision, and no disabled vehicle shall be stored, on any lot in the Subdivision. No
recreational vehicle; all terrain vehicle; go-kart; motorcycle; racing car or parts thereof; bus;
coach; boat; jetski; watercraft, snowmobile; boat, jetski, watercraft or snowmobile trailer; semi-
trailer;' semi tractor; truck or van of any type (except minivan, conversion van, van with a
maximum capacity of fifteen (15) persons, or a pick-up truck owned by an owner of a lot), farm
equipment, excavation equipment, camper, motor home, tractor, or trailer of any kind may be
stored, parked, located, or otherwise situated at any time on any lot or any street or the Common
Area; provided, however, such vehicle~ may be stored in the garage of the primary dwelling on
the lot if such vehicle cannot be seen from any street or any lot in the Subdivision. No vehicle
shall be parked on a regular, recurrent, or permanent basis on any 'street. This Section 10 shall not
apply to any construction vehicles, trailers, or equipment of Developer or any other builder in the
Subdivisiol) ,during the development thereof nor shall apply to any excavation equipment used to
perform 'services for any utilities in the Easements or the Common Area.
12. No sign of any kind shall be displayed to the public view on any lot (whether indoors
or outdoors), except:
(a) that one sign of not "more than six square feet may be displayed for the purpose of
advertising a house for sale or rent, .
(b) signs of not more than six square feetas may be erected by the builders or lot owners
(including Developer) to advertise tl1e property during construction and sale,
(c) such other signs as may be approved by the Architectural Committee and,
(d) if necessary under applicable zoning regulations or requirements, signs required by
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any zoning authority having jurisdiction thereof.
13. No, lot shall be used or maintained as a dumping ground or area for trash. Rubbish,
garbage, 'or other waste shall not be kept on any lot except in sanitary, windproof containers, and
such containers shall be kept clean, shall be stored in the garage of each respective unit except for
trash pick-up days and shall not otherwise be stored on any lot in open public view. All
equipment, garbage ca~s, service yards, woodpiles, or storage piles shall be kept from view of
neighboring residences and streets. All rubbish, trash, or garbage stored outside any residence
shall be regularly'removed from the premises and shall not be allowed to accumulate thereon.
There shall not be permitted on the 19ts any type of clothes line.
14. It shall be the duty of the owner of any lot in the Subdivision to keep the grass on his
lot or lots properly cut and to keep the lot or ,lots free of weeds and trash and,otherwise neat and
attractive in appearance, including, without limitation, the proper maintenance of any structures
on such lot or lots. In the event the owner of any lot fails to do so in a manner satisfactory to the
Association, the Association shall have the right (but not the obligation) through its agents and
employees to enter ,upon said lot and to repair, maintain, and restore the lot and the improvements
or landscaping situated thereon. The cost of such landscaping or structural repair or maintenance
shall be and constitute an assessment against such lot and the' owner, to be collected, and enforced
as if it were a part of the a lot owner's Default Assessment as provided in the Declaration.
15. The Association shall make regular- and special assessments to cover any costs incurred in
enforcing these covenants or in undertaking any mainte~ance or other activity which (i) may be
undertaken by or is the responsibility of the Association, or (ii) is the responsibility of a lot owner
hereunder or under the Declaration but which lot owner has not undertaken as required hereunder or
under the Declaration. Any such assessment in the case of item (ii) above shall be assessed only
against those lot own,ers whose failure to;comply with the requirements of the covenants hereunder
and under the Declaration necessitated the action to enforce such covenants or the undertaking of the
maintenance or other activity.
16. No farm animals, birds or fowls, wild animals, domestic animals for commercial purposes,
of any kind shall be kept or permitted, on any lot or lots in the Subdivision at any time. Furthermore, at
no time shall any dog runs, kennels, animal storage areas, pens, cages, or pastures, be created,
constructed, erected, or placed Qn arty lot in the Subdivision. At ,no time shall any animal storage,
veterinary medicine, emergency animal care, or animal grooming or animal sitting activity be
permitted on any lots in the Subdivision'.
Pets shall be permitted outdoors only within the boundaries of an electronic invisible fence or
under leash, and if under leash, accompanied by an Owner or other person, and each Owner shall be
fully liable for any injury or damage to any person or to the Common Area caused by his or her pet or
kept ~nimal, and shall be responsible for removing from such areas his or her pet's waste materials.
The Association may adopt such ()ther rules and regulations regarding pets and kept animal otherwise
dealing with the use and enjoyment of the Common,Area and the lots as it may deem appropriate. In
the event that in the judgment of the' Association, any pet or kept animal is causing or creating a
nuisance or disturbance or noise,' such pet or kept animal shall be permanently removed from the
Subdivision upon written notice of such determination by the Association.
17. No noxious, unlawful, or otherwise offensive activity shall be carried out on any lot
in the Subdivision, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the Subdivision in the opinion of the Association or the Developer. No
lot or structure or improv~ment thereon shall be used in any manner which causes or might
reasonably be expected to cause any disturbanc~ to the normal use and enjoyment of surrounding
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lots, nor in any manner which causes injury to the reputation of the Subdivision. including,
without'limitation, the burning of any refuse or excessive noise by the use of any musical
instruments, loud speakers, electrical equipment, amplifiers or other equipment or machines.
18. No private or semi-private water supply, pumps or wells and/or sewage disposal system
may ,be located upon any lot in the Subdivision except for private water supply, pumps or wells used
by the Developer or the Association to supply water to ponds as shown on the plat of the Subdivision.
No septic tank, absorption, field, or any other method of on-lot method of sewage disposal shall be
located or constructed on any lot or lots in the Subdivision. All owners of any lot or lots in the
Subdivision shall ensure that the dwelling located on such lot or lots is connected with and solely
utilizes the public sanitary sewer lines servicing the Subdivision.
19. Except for construction performed or improvements installed by the Developer, no
construction shall be commenced nor ,shall any building, structure, or other improvements be erected,
places, or altered on any lot in the Subdivision until the building plans, specifications, landscaping
plan, drainage plan, and plot plan showing the location of such construction have been approved by
the Architectural Committee (a) as to the compatibility of the same with the existing structures in the
Subdivision, (b) with the intent of these covenants'and those set forth in the Declaration, (c) with the
construction guidelines promulgated by the Architectural Committee from time to time, and (d) in
accordance with the procedures for such approval contained in the Declaration and all rules,
regulations, and guidelines adopted by the Architectural Committee. If the Architectural Committee
fails to act upon any plans submitted to it for its approval wit1;1in,aperiod of sixty (60) days from the
date of submission of the plans to the Architectural Committee, the owner may proceed with the
building or construction activity according to the plans as submitted, provided the commencement is
made within one (1) year from the date of submission to the Architectural Committee for approval.
20. The finished exterior of every building constructed or placed on any lot in the
Subdivision shall be of material acceptable to and approved by the Architectural Committee.
Notwithstanding the requirements set forth in this Section 20, the Architectural Committee may
authorize the use of other materials as determined in its sole discretion; provided, however, at no
time shall the Architectural Committee approve the use of plywood, vinyl, or aluminum siding on
any dwelling on any lot. For all single story buildings in the Subdivision, the finished exterior
shall be completely brick of a uniform color or design. For any buildings containing a second
story, the exterior of the first (ground) story shall be completely brick of a uniform color or
design" and the exterior qf the second story on the front' elevation shall completely be the same
brick as used on the first story, and the remainder of the second floor exterior may b~ (i) the same
brick as used on the first story, (ii) stone, of a uniform color and design, (iii) dryvet of a uniform
color and design, or (iv) wood of a uniform color and type. At no time shall aluminum, plywood,
or vinyl siding be used on any portion of the exterior of any building constructed in the
Subdivision. All driveways must be paved with asphalt or concrete from their point of
connection with the abutting street or road to the dwelling house. At no point along the length
thereof shall the paved area of the driveway be, less than twelve (12) feet in width.
21. Each lot shall have a sidewalk constructed along each lot line that borders a street.
The sidewalkshall.be constructed in strict accordance with plans approved by the Architectural
Committee. The ' edge of such sidewalk nearest the street shall be located continuously five feet
(5') back from the back of the street curb and shall continuously run parallel with and' five feet
(5')'froID the back of the street curb. The sidewalk shall be constructed of concrete and shall be a
maximum of four feet (4') in width and a minimum of four inches (4") thick. The owner of the
lot shall install the sidewalk when constructing the dwelling on the lot; provided, however, the
sidewalk shall be fully installed prior to or upon the date of occupancy of the newly constructed
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home by the owner. After installation of the sidewalk, the owner at its own expense shall repair,
maintain or if required by the Association or Developer, replace any damaged sidewalk and
restore it to its original condition.
22. No aboveground swimming pools shall be located on any lot in the Subdivision. An
in-ground swimming pool may be installed on a lot as an accessory to the dwelling for the use of
the Owner or their guests. During the period co~mencing May 1 and ending September 30 of any
calendar year, the in-ground pool shall be fully operable and functional and not violate any
building or health code regulations, ordinances, or statutes. Such pool shall be installed in the rear
yard of the lot. Access to the in-ground swimming pool shall be restricted by a power safety pool
cover which shall: (A) provide a continuous connection between the cover and the deck, so as to
prohibit access to the pool when the cover is completely drawn over the pool; (B) be
mechanically operated by a key or key and switch such that the cover cannot be drawn open or
retracted without the use of a key; (C) is installed with track, rollers, rails, guides, or other
accessories necessary to accomplish clauses (A) and (B), in accordance with the manufacturer's
instructions; and (D) bear an identification tag indicating that the cover satisfies the requirements
of ASTM F1346 for power safety pool covers. Unless pool equipment was installed or in
existence prior to the date of the recording of the Declaration, all pool equipment must be
enclosed in a free standing pump/pool house constructed in accordance with Section9b. above of
these restrictions. Temporary wading pools measuring no more than six feet (6') in diameter and
less than one foot (1') in depth are permitted without Architectural Committee approval. Such
temporary wading pools must be drained and stored indoors on a nightly basis.
23. No hedge or shrub planting which obstructs sight lines at elevations between two (2) and
six (6) feet above the street, shall be placed or permitted to remain on any comer lot within the
triangular area formed by the street lot lines and a line connecting points 25 feet from the intersection
of said street lines, or in the case of a rounded property comer from the intersection of the street lines
extended to form a comer. The same sight line limitations shall apply to any lot within 10 feet from
the intersection of a street line with the edge of a driveway pavement. No tree shall be permitted to
remain within such distances of such intersections unless the foliage line is maintained at sufficient
height to prevent obstruction of such sight lines.
24. The Association, in accordance with the terms of the Declaration, but subject to the
obligations of the individual lot owners to keep easements shown on the Plat free of obstructions so
that the flow of water will be unimpeded and subject to the rights, authority, and jurisdiction of the
Drainage Board, shall maintain the easements for the Subdivision, and for such purposes, shall have
an easement over all portions of the Subdivision used as part of the ,storm drainage system. Such
maintenance by the Association shall, by the extent necessary, include the maintenance of all inlet
pipes, open ditches, swales, mounds, and pond banks. The costs and expenses of such maintenance of
the storm drainage system, together with the maintenance and improvement of all Common Areas,
shall be assessed as part of the general assessment against the owners of all lots in the Subdivision as
provided in the Declaration. In the event the Association for any reason shall not perform the
maintenance set forth in this paragraph, the Drainage Board shall have the right to enter and perform
such maintenance and assess the Association for such costs. The assessment of the Association for
such costs shall be passed onto and be part of the general assessment against the owners of all the lots
in the Subdivision as provided in the Declaration. Sump pumps, gravity drains, and other drains
servicing individual residences on lots shall not outfall or empty into the sanitary sewage system
servicing the Subdivision or grass swales between lots, but only into major drainage swales or storm
structures included in the storm drainage system for the Subdivision.
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25. It is anticipated that the Developer will allow any existing trees to remain on lots in the
Subdivision. In the event any such trees interfere with the location of construction on an individual
lot, the owner of any such lot may remove such trees after approval from the Developer.
26. Within one hundred eighty (180) days of the earlier of the occupancy of or completion of
the primary dwelling unit on a lot, each lot owner other than Developer shall landscape his lot in
accordance with a landscape plan submitted to and approved by Developer or the Committee. Each
such landscape plan shall be submitted to the Developer or the Architectural Committee concurrently
with the submission of the plans for any structure proposed to be constructed on said lot, and shall
include as a part there()f, in addition to other suitable landscaping material, at least two (2) living
s~ade trees which are to be at least 2.5 inches in diameter at the time of planting and shall be located in
the front yard area of the lot between the street right-of-way line and the building set back line. At no
time shall the" owner allow either of these two shade trees to remain in the yard if they become
diseased or are dead. In the event of death or disease of either of the two shade trees, the owner, at its
own expense, shall promptly replace the dead or diseased trees with trees meeting or exceeding the
above-described requirements.
27. To the extent deemed necessary or desirable by Developer, Developer shall be
permitted to place sales offices and ' construction and storage facilities for uses attributable to the
construction, development, marketing, and maintenance of the Subdivision on any unsold lot or
on any Common Area in the Subdivision until 180 days following the sale" closing and deed
transfer to a lot owner other than the Developer of the last previously unsold lot in the
Subdivision. Furthermore, as of the date of this Plat, Lot numbered 1 (One) as shown on the Plat
is owned by Developer. Notwithstanding any thing contained in these Plat Restrictions, these Plat
Restrictions shall not apply to Lot numbered 1 (One) while it is owned by Developer.
28. The right to use the Common Area and ponds located in the Common Area are only to be
used for the fishing or other recreational activities of the owners of lots in the Subdivision and such
owner's guests, and the members of the households of the said lot owner and such household
member's guests. The development and enforcement ofmles regarding the use, welfare, and
maintenance of the Common Area and the ponds located in the Common Area shall be as set forth in
the Declaration.
29. If an owner of all or part of a lot or lots in the Subdivision whose has purchased the lot or
part thereof from the Developer, its successors in interest or assigns, or subsequent owners of all or a
part ofa lot or lots in the Subdivision shall violate or attempt to violate any of the covenants,
restrictions, provisions, or conditions herein, or the Declaration, it shall be lawful for the Association,
the Developer, the Architectural Committee (as to matters for which it has responsibility) or any other
person owning any real property situated in the Subdivision to prosecute any proceedings at law or in
equity against the person or persons or entity or entities violating or attempting to violate any such
covenant, restrictions, provisions, or conditions, either to prevent him or them from doing so, to
recover damages or other dues for such violation, to require the removal of structures or improvements
erected in violation thereof, or any combination of these remedies. If the Association, Developer,
Architectural Committee, or any other person owning any real property situated in the Subdivision
prevails in such action, it shall be entitled to collect reasonable attorney's fees and interest at twelve
percent (12%) per annum or a higher amount if allowed by law.
30. These covenants, restrictions, provisions, and conditions set forth herein run with the land,
and shall be effective for an initial term of twenty (20) years from the date of recording of this plat and
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shall automatically renew for additional term often (10) years each, in perpetuity, unless as of the end
of any term both the owners of ninety percent (90%) of the lots and the mortgagees of at least ninety
percent (90%) of the lots vote to terminate this plat, in which case the covenants, restrictions,
provisions and conditions shall terminate as of the end of the term during which such vote was taken.
If at any time the Association or the owners of a majority of the lots desire to amend any of the
covenants, restrictions, provisions, and conditions herein, then at a special meeting of the owners and
mortgagees and where upon the owners of ninety percent (90%) of the lots and the mortgagees of at
least ninety percent (90%) of the lots vote to amend the covenants, restrictions, provisions, and
conditions herein such changes shall be effective as of January 1 of the calendar year following the
vote to approve such change. In the event of the dissolution of the Association, the right, but not the
obligation, of enforcement of these covenants, restrictions, provisions, or conditions is hereby granted
to the City of Carmel, Indiana Planning Commission, its successors or assigns, in addition to other
persons and parties having the right to enforce the same.
31. Invalidation of any of the foregoing covenants, provisions, restrictions or conditions by
judgment or court order shall in no way affect any of the other provisions, which shall remain in full
force and effect.
32. There shall be no alteration of any storm water drainage facility within the Subdivision
unless authorized by the appropriate governmental authority.
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