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Home My WebLink AboutPlan Commission Packet 1/18/12 06 Z tJ COO) i� S i r.5 1(y1 1f1�D C� Plan.Commission—January 181h, 20,12 Docket 11070022Z: COCO Commons CWIC2 appreciates the Dept's statement of concern that the current site plan does not reflect the Comp Plan nor the goals of a PUD. We agree and sincerely hope all of you do as well. However, we disagree,,that a,Neighborhood Support Center or Service Node might be appropriate in this area. In case you think about those... Our new Comp Plan communicates to residents and developers what Council determined was the best and highest use of the land. Seeing West Carmel's,significant areas of undeveloped land, many prospective buyers ask about current.zoning and plans. If the Comp Plan can't be relied upon, buying a.home becomes a hugely°risky investment and,people will buy in other municipalities. The Comp Plan also sends a message to developers of what is desirable, but only to the extent the Comp Plan is-followed. Otherwise, developers will keep pushing the envelope, further reducing,predictability and harming the desirability of West Carmel. Having served on the Plan Commission for-5 years, I'll be the first to agree you should use judgment for rezone requests. But remember that the State mandates a Comp Plan, requiring a vision be established. If that vision does not guide your judgment, what reason can there be for establishing the vision to begin with? . Our Comp Plan is fresh,so the burden for establishing compelling reasons for approving:a rezone is even higher. One justification for a rezone can be a PUD that brings the area something special that could not be built under "regular zoning. As the Dept noted, COCO Commons is a straightforward commercial,development compatible with an existing Business zone. The proposal is not a typ` rezone of the ical 2 or maybe 3 zones,but....Wow! Trying to cram every possible square foot of'commercial use onto 19 acres is not justification for this PUD. Let me add here that Council was clear during Land Use Committee discussions.and when approving the new Comp Plan that there were`to be no new commercial areas in West Carmel and the land along 146`" St. was to remain as then zoned. A change in conditions could,justify a reasonable rezone. The petitioner states that upgrades that will make 146" St. and Towne Road four lanes is such a change. But those upgrade plans were in place.and well known when Council applied its judgment'in,determining to keep this land as zoned. In regards to what Westfield is planning across the road..As Carmel really going to let Westfield determine what Carmel does, Why in the world would it make more sense to seek compatibility with any proposed unbuilt commercial.use instead of the .already built Saddle Creek neighborhood on our side? Particularly with a 4-lane road and 2 access roads between. And please note something hugely important in Westfield's plans: They do not place their new commercial node next to any existing neighborhoods. The existing neighborhoods will be buffered,from`the proposed local-serving commercial with additional new residential areas. Those new,residents will know what is planned and can make a choice before investing in their homes. We would hope Carmel would be as sensitive: Keep this property residential. Marilyn Anderson; President, CWIC2 3884 Shelborne Ct. Carmel, IN 46032 . CoCo Commons Organized.Remonstrance.—Commercial Use—Jan. 18,2012 Speaker.: Cindy Johnson, 1.4408 Chariots Whisper Drive 6 Year Saddle Creek Resident When the Baker family sold the property that became Saddle Creek, the family retained the 19 acres proposed to become CoCo Comiiions. The owner has;publicly stated that he has always intended for this parcel to be commercial development. Yet, none of the 339 Saddle Creek north homeowners were informed of these intentions before investing in their homes. Neither verbal conversations nor written documentation indicated the land would be developed as anything other than single-family homes. During the.Comp:Plan revision process, Council decided against anynew commercial areas in West Carmel. CoCo Commons is equivalent to a Community Vitality Node,,like Michigan Road or Merchant's,Square. Its retail square footage would be 22 times that of the smallest commercial classification. Here.'s a visual reference for 165,000 sq. ft. of retail. Please add together 4 the all"the following Michigan Road buildings: Best Buy, Petco, the entire strip mall from 106`h St. Grill to Roselli's,plus 93%of Kohl's. Another example: replicate the MCL building on keystone 16 times. 146th St., with roundabouts,and a likely 45 mph speed limit, is not nor will it become a highway. There is absolutely no reason to convert 146th St. into something similar to the.Michigan Road Overlay Zone. Even along.Michigan Road, there are extensively buffered, lower intensity office buildings between retail stores and residential developments. The retail/office areas were planned before the residential subdivisions were built, which is what Westfield wisely plans to do on their side. CoCo Commons is a destination-sized retail development that wiltimpact traffic for miles around. Approval of Coco.°Commons would guarantee that the property to the west, which abuts the Lincolnshire residences, would also develop commercially.. :Once those develop commercially,there,will be a push to add"'conditional fit commercial uses along yet more undeveloped land along 146`h St. Approval of Coco Commons begins the domino effect, amplifying the traffic-problems and warranting comparison to the Castleton Square area. At what point and for how many`miles;will roads need to'be widened to 6 lanes to avoid stop-and- go traffic? What neighborhoods'in-Carmel West's low-density residential area will get the traffic that seeks to avoid thi'&newly congested area? The Village:of West Clay; located within two miles, is specifically,designed for a.mix of residential and commercial development. V WC's planned commercial area has undeveloped space available. Do not undercut the VWC's ability to attract'business to build out this already approved.and accepted-commercial area. Do not make7 the V WC'compete not only for shoppers, but also for tenants for their existing commercial buildings. Residents of Saddle Creek do not want any deviation from a single-family, residential-only neighborhood. We do not want the huge increase in traffic, noise, lights, and nighttime activity that would accompany this commercial development. to Anyone who'wants to,live next to commercial uses has other choices. The reason so many individuals choose to build homes in this area is precisely because West Carmel,is characterized by`residential housing,not commercial development. The Comp Plan reinforces this concept. If you bought in a non=commercial area, would you want this development next to your home? Please preserve and respect our choice not to live next to u commercial area. I� Coco Commons Organized Remonstrance-Residential.Development-Jan. 18,2012 Speaker: Jim Sposato; 1554 Esprit Drive—;12 year resident—SC 140A Treasurer Reasonable,Expectations: WHEN WE PURCHASED OUR HOMES, SADDLE CREEK RESIDENTS HAD EVERY REASON TO BELIEVE THAT THIS PROPERTY WOULD BE DEVELOPED AS SIMILAR.SINGLE FAMILY HOMES o Why wasn't this land rezoned before the first house was built in Saddle Creek? The reasonable time:to rezone this property'for commercial uses was before the Saddle Creek subdivision was approved. Especially since the land for Saddle Creek was sold'by the SAME LANDOWNER. o IN ADDITION, there is no information in the deeds and covenants for Saddle Creek homes to forewarn home buyers that this property might be anything other than similar`single-family homes. o AND EVEN MORE RECENTLY, some Saddle Creek residents participated in the process to develop,the new Comp Plan. This provided residents FURTHER ASSURANCE that'this property would be developed as similar single-family homes. o The unsuspecting residents should not.now pay pan unexpected personal price because that'SAME"LANDOWNER did not take steps to make his hopeful planning known. 2-. Intensity: 'C.00.O COMMONS LEAPS FROM THE LOWEST LEVEL OF INTENSITY ALL THE WAY TO THE MOST INTENSE RETAIL CLASSIFICATIONS. Q How can the new Comp Plan mean anything if such a huge leap.in intensity is possible? o A jump up of even one level is a rezone and that means you can turn it down without citing any State statutes 3. residential-Development: THERE.CAN BE SUCCESSFUL RESIDENTIAL DEVELOPMENT ALONG 1461H STREET o There are EXISTING successful subdivisions all along 146`h Street including: Autumn Woods,.Springmill Ponds, Ponds West and West Chase. o How did they deal with 146`h Street? By using Berms, Setbacks, Landscaping, and Fencing along 146th Street. IN CLOSING, I ask that you listen to the neighbors who bought our homes based on the current residential.zoning. THANK YOU 3' Coco Commons Organized Remonstrance-Residential Development Speaker: Chris Potts, 14330'Cl ariots Whisper Dr—8 year resident—V.P'of HOA (a, SC REASONABLE EXPECTATIONS: When we purchased our homes, Saddle Creek residents had every reason to believe that the pond in common area#6 of Saddle Creek; section 12, would remain the size it is currently and not be extended northwards thus giving up its physical boundary and landscaping rights. WHY ARE WE AGAINST SHARING THE RETENTION POND The HOA board President has written to Mr. Baker in Reference to Page 6 of the P.U.D./,Drainage Plans: which states "The owner(s) of the Real Estate (the "Owners") may enlarge to the north the existing retention pond located on Common Area#6 of Saddle Creek Section 12. Please find attached the letter in its entirety. However, I would like to read out a small portion of the letter to the commission. In your drainage plan,for Coco Commons,you have changed some drainage issues to usurp some Saddle Creek property. As you know, there is a retention pond near the northern edge of the Saddle Creek property where it abuts the CoCo Commons property. This retention pond is designed to allow the residents of Saddle Creek to utilize the Saddle Creek land on the north side of that retention pond. This land further allows Saddle Creek to create a natural buffer between Saddle Creek and the property to the north. Unfortunately,you have unilaterally chosen to usurp the Saddle Creek land to the north of the current retention pond and expand that retention pond northward on to your property. Specifically,you make note of a deed, of which I was not familiar until your recent submission of your changes to the Planned Unit Development. Simply, though, that deed does not provide you the permission to take the exclusive control over the Saddle Creek land. More specifically, the deed references that you may have permission for non-exclusive access to use the drainage system. It does not give you the exclusive authority to decide how the Saddle Creek land is to be used. Your statement that you will enlarge the pond to the north and onto the CoCo Commons property is an illegal taking of the Saddle Creek land, and we object to your doing so. ISSUES WITH INCREASING THE POND SIZE: f ❖ Enlarging this pond would see an increase in silting, not only in this pond, but the other 9 connecting ponds ❖ The owner of Coco Commons can refuse to share the costs Saddle Creek believes are necessary for the ponds to continue in a good state of well being. i January 16, 2012 Tim Baker 6527 North Ewing Street. Indianapolis,114 46220 Re CoCo Commons Dear Tim: I have recently reviewed`your'December 12, 2011 changes for the development of CoCo Commons. You have made some interesting changes, and I appreciate some of those. Unfortunately, on behalf of Saddle Creek Homeowners Association, Inc., I feel compelled to draw your attention to one change that is unacceptable. In your drainage plan; for CoCo Commons, you have,changed some drainage issues to usurp some Saddle Creek property: As you know, there is a retention pond near the northern edge of the Saddle Creek property.where it abuts the CoCo Commons property. This retention pond is.designed to allow thevresidents,of Saddle Creek to utilize the Saddle Creek land on the north side,of that retention,pond. This land further allows Saddle Creek to create a natural buffer between Saddle Creek and the property to the north. Unfortunately,you have unilaterally chosen to usurp the Saddle Creek land to the north of the current retention pond and expand that retention pond northward.on to yourproperty. Specifically, you make note of a.deed, of which 1,was not familiar until your recent .submission of your changes to the Planned Unit Development. Simply,though, that deed does not provide you the permission to take the exclusive control overthe Saddle Creek land. More specifically,the deed references that you may have permission for non-exclusive access to use the drainage system. It does not give you the exclusive authority to decide how the Saddle Creek land is to bei used. Your statement that you will enlarge the pond to the north and onto the CoCo Commons property is an illegal taking of the Saddle Creek land;and we object to your doing so. Additionally,you have not shown any data suggesting no harm to the existing pond you proposed to.modify or any other ponds within the drainage system of Saddle Creek. You have not suggested,how you.would intend to pay for the maintenance of this pond or any others within Saddle Creek's drainage;system. As such, on behalf'of Saddle.Creek Homeowners Association, Inc., I am informing you that we do not approve of your proposed unilateral change to our retention pond or the taking of Saddle Creek land. If you would like to discuss this any further, please feel free to call or email. I look forward`to hearing from you. Sincerely, Brian Kavicky by AIITICI,ES OF T1�tCORPORATION` OF SADDLE CREEK HOMEO RS ASSOCIATION INC,, The undersigned incorporator,desiring to form a corporation pursuant to the provivorf Indiana Nonprofit,Corporation Act of-1991,executes the following Articles of IncorpUatiga: y �p F `n ARTICLE I O 7 Flame Section 1.01. ,Tame. The name of this Corporation shall be Saddle Creek Homeowners Association, Inc. Section 1.02. e of.Cocnacslt�on. The Corporation its a mutual benefit corporation ARTICLE II. Purposes and Powers Section 2.01. Primary Pu-ases. The purposes'for which this'Corporation is formed are to own,'manage,ymaintain;reserve,repair and reconstructthe Common Area,,a subdivision in Clay Township,-Hamilton County;'Indiana,and to exercise aWofthe powerand privileges and toper&rm all of the duties and obligations of the Corporation as set forth in the Declaration and all Supplementary Declarations. Section 2.02. Additional.Pnases. In additioq the Corporation is formed for the promotion,ofthe health,;safety and welfare ofthe residents?of Saddle Creek`and other non-profitable purposes that are axitl orized by the,Act and.permitted to be carried on by'an organization exempt from Federal income'#axat ou'underthe provisions of Section,529 of the;`Intemal;Revenue°Code of 1986{hereinafter referredto asthe"Code")and the R'egulations'iswed'pwm=t thereto,as amended. Section 203. peeldc Power;. Subject to any specific�vvritten limitations<or restrictions imposed by the Act,by the Code,by°.other law, or by the Declaration or tliwArticles,and solely in fiutherance ofbutnot in'edditionto,the purposes set forth in Section 2.01 and 2'.02 of these Articles, the Corporation shall have the;following specific powers: (a) 12 Manage,etc. To menage,maintain,:repair and replace the Common Area for 1 I A. the benefit and. use of the ;members of the Corporation subject to such restraints or suspensions,ofuse and voting rights of members as are provided herein,in1he By-laws and in the Declaration. (b) •To Make,Assessments. To fix, levy and collect assessments and to enforce payment thereof by all lawful'means. (c) To.PromulgateRUles. To promulgate such rules and regulations and perform such deeds as are deemed,necessary to achieve the aforesaid,purposm. (d) To Insure. To,secure from insurers licensed and approved in the State of- Indiana,appropriate firelproperty damage.coverage,comprehensive 8eneral liability coverage and such other forms of insurance as may deemed necessary or appropriate. (e) To Secure Services. To.secure-professional managerial;seMges by employing a professional'manager, contracting with a professional management:service or entity,or .otherwise, winch services may include administrative, managerial, bookkeeping, 'legal, architectural, engineering,maintenance,repair, construction and other services. (f) To Acquire and]Dhpose of Pegperty. To acquire.by give,purchase or other means, to own, hold,,enjoy, lease, operate;.maintain; convey, sell,: transfer,;mortgage or otherwise encumber or dedicate for public.use,real or personal property in connection with the business of the Corporation subject to the provisions of the Declaration. (g) To Borrow. To borrowmoney and,subject to the provisions ofthe Declaration, to.give aas security therefor,a mortgage or other security interest;in any or all real or:personal! property owned by the Corporation; or a pledge of monies to:be received pursuant to the provisions of the Declaration or any Supplemental Declaration, and to'assigt'!and pledge its right to make Assessments and its rights to' claim a lien therefor. (h) To.pl pgointa Fiscal Agent To appoint any person as its fiscal,agent to collect all Assessments and charges levied by the Corporation and to enforce the:Corporation's Hens for unpaid Assessments and,:charges or any other lien held by the Corporation (i) To,Make e Contracts. To enter into perform, cancel and rescind all kinds of contractual obligations,including the guarantee ofthe obligations and performance ofothers. G) To Act With Otthers. To perform any act which.the Corporation acting`alone has the power and-capacity to perform.by acting as a partner or otherwise in association with any Person or Persons,whether legally constituted or informally organized. (k) To Pa. To pay all operating,expenses, including all licenses, taxes or governmental charges levied.or imposed against.the property. 2 (1) To Merae. To:participate in mergers and consolidations with other noOM& corporations organized for the'same purpose or annex..additional real estate as provided in the Declaration.. (m) To Othoodge-Act. To have and`to,exercise any and all powers, rights and privileges which a corporation organized under the Act,may, now or hereafter have or exercise. Section 2.04. Limitations, T On Polders. (a) EarnI . No niember of the.Corpomtion;shall have�or receive any earnings from- the Corporation,:except a memberwho,is an employee ofthe'Corporation,in which event he may receive fair and;reasonable:compensation forhis services asan employee.and a member may also receive payments of prncpal>and'nrterest at a rate;not exceeding that from time to time permitted bythe Act on funds loaned or advanced by him to the Corporation. (b) Logos to]Directors. The Corporation shall.mAe no advancements for services to be performe&in the future,nor any loan of money or property to any director or officer of the Corporation. (c) Dissolution., In the event of:dissoMon of,the Corporation,alrassets remaining after paynment of all debts ofthe.Corporatior including advances and loans ofinembers ofthe Corporation,and,:if so�Authorized;by the Board of Directors,.,distiibutiontomembersofthe Corporation of such amounts as-may be authorized by'the Act, shall,.be,dedicated.by the Board of Directors to in appropriate public agency to:be;used for purposes similar to those for which°this corporation'wasorganized. Inthe event such dedication is'refused acceptance, such assets,shall.t`transferred by the Board of Directors to the.State of Indiana or any instrumentality or subdivision thereof exclusively for public-purposes, or to any nonprofit corporation whose,purposes are substantiallytthe same as those ofthe Corporation andwhich, at the ti ne6f transfer,-is:exempt fromTederal taxation;under Sections 01(9)(3),501(c)(4) or 528 of the'Code of the corresponding provisions;of'any future United States Internal Revenue Law. Any such:,assets not so dedicated,or'transferred by,the Board of Directors shall'bet disposed of in•accordance,with the Act. No member;,director or officer of the Corporation, or any'private individual, shall be entitled;to share in:the distribution of'any of the assets of-the Corporation_on.dissolution ofthe Corporation,except as otherwise provided in these Articles or m' the,Act. (d) Prohibited_Actiyities. (i) No part ofthe net earnings oftheZorporation shall.inure to'the benefit of any member, director or officer of the Corporation,or to,any private individual; CH) No substantial part of the activities of the Corporation shall be devoted 3 to,attempting to influence legislation by propaganda or otherwise within the meaning of the prospective provisions of the Code; (iii)The Corporation shall not.directly or indirectly participate in,or intervene in(including the publishing or distributing of statements)any political campaign on behalf og or in opposition to,any candidate for public office; ('iv) Notwithstanding any other provision of these Articles,the Corporation shall not conduct or carry on any activities not.permined tote conducted or carried on by any organization exempt f um Federal taxation under Section.52$of the Code and Regulations issued.pummntthereto,:as amended,orthevorrespondingprovisions- of any futureUnited States Internal Revenue law;if the effect thereof into subject the gross income of the Corporation to federal income taxation ati rates established for corporations engaged in business for profit unless ftpurposes.ofthe Corporation set forth in Section 2.01 of these Articles cannot otherwise be achieved. ARTICLE III Period of iExistence Section.3.01 Period of Existence. The period during which the corporation shall continue is perpetual. ARTICLE IV Registered Agent and,Registered Office Section 4.01 ,Jte¢istered Agent. The name andaddess of the Registered Agent in charge ri of the Cotporation's pncipal office is John J. Kennelly, 123 Village Drive East, Carmel,Indiana 46032. Section 4:02; Registered'O ice. The,post3 office address of the registered office of the Corporation is 123 Village Drive.East,Carmel,Indiana 46032. ARTICLE V Membership SeWon:5.01. Classes e(Membership. The Corporation have the.following classes of membership,with the following voting rights: 4 (a) Class A. Class A members,shall bean Owner except Class B members. Each Class A member shall'be entitled to one(1)vote for each Lot-of which,such member is the Owner with,respect.to each matter submitted to a vote of members upon which the Class A members-are entitled to vote. When more than (1)Person constitutes the Owner ofa,partic ular;Lot; all such Persons shaTbe'members ofthe Corporation,but all of such Persons shall have only(1)vote for such Lot;which vote shall be exercised as they among themselves determine,but in no event-sW more than one(1)vote be cast with respect to any'such Lot. (b) Class B. ClassRmembers shall beDeclarant,all'successors;and,amigns ofDeclarant designated by Declarant as Class B members in a written notice mailed or delivered- to the resident agent;.of the Corporation,and Pulte Homes of Indiana. Each Class'B member shall be,entitled to five(5)`votes for each Lot of which it isthe Owner and five (5)' votes for each individually-numbered parcel of land shown upon, and identified;as,allot on,zany recorded subdivision plat of,the Real Estate,..or any part thereof;ofwhich it is the Owner(either as to the.entire numbered parcel or any,part thereoo'wh ch is not-a"Lot"as defined.in this Declaration, on:all matters requiring a voterof the-members,of the Corporation. The,Class B membershipsball cease and terminate uponthe first to.occur of(i)the date,upon which the written resignation of the Class B members as such is.delivered to the residentagent ofthe Corporation,(d) the;date Declarant no, longer, owns any Lots-nor any portion of any individually numbered parcel.of land shown upon, and. identified as lot on, any-recorded subdivision plat.ofthe Real Estate,,or any part thereot, or(iii)December 31,2005 (the"Applicable Date"). After the Applicable Date,Class B memberships shell be converted to Class,A memberships,and ea wormer Class'B.member shall be entitled to one (1) Class A,membership for each Lot owned- and for each individually numbered parcel of land ;shown upon, and identified as a lot on any recorded subdivision;plat of theReal'Estate,or any part thereof; of which it is then the owner (either as to the entire numbered parcel or any part thereof)which is not a"Lot"as defined herein. (c) Special. UntdtheApplicable Date,there shallbe;three(3)additional Special members of the Corporation,;being the,persons.fromtfine to time appointed by Declazsant to serve on,the Initial Board pursuant to Section 6.01 of Article VT hereo£ Persons who are, special, members shall not be deemed or :considered members of the COIpOIatlOn IIOf Owners of Lots for-arty purpose other than to qualify . act as members of the Initial;Board. Special members shall have no voting rights on any matter submitted to a vote of themembers[unless such Special member is also a Class A member,:in which event'his voting rights shall be governed by subsection(a)ofthis Section 5.01]. 5 Section'S.01 Termination of Kemlyerslrip. (a) Class'A Members..Membe'ship in the Corporation shall lapse and terminate when a Class A member ceases to be an Owner. (b) C1ass,B Member. Membership in the Corporation shall lapse and terminate`as provided in Section 5.01(b)of these Articles. Section 5.03. .Su ,pension of MembersiAip Riuhts. No Class A or Class B member maybe expelle&from>membership in the Corporation for any reason. The Board of Directors shall have the right to suspend thevoting rights of a C1ass.A,member fora period during which any Assessment or- charge owed bythe Member remains unpaid in excess of thirty(30)days. Section 5.64 Meetiolo of Memmers. All>meetings of the Members shall be held zt,such place withimthe State of Indiana as may be designated by the Board of Directors pursuant to the provisions of the By-Laws. Section 5.05, No Preferences, etc.. There shall be no other preferences, limitations, or restrictions with respect to the relative rights of the Members. Section 5.06. Board of Directors. Followingthe Applicable:Date, the Owners.shall.elect a B oard of Directors othe Association as prescribed by the Association's Articles and By-Laws: The Board of Directors shall manage the affairs of the Association. ARTICLE VI Directors Section 6.01. Number of 1Directoa9. The initial Board ofDirectors of-the Corporation,shall consist of'three(3)members:. The number of Directors,of the Corporation shall be specified from time to time in the By=Laws,but the minimum.number shall be three(3)tand the maximum number shall be five(5) and,if the By-Laws fail to specify the rrumber,then-the numbershall.be three(3). Section 6.02. Names and Post'Office Addresses. The names and post office addresses of the initial members of the Board of Directors are as follows: John.J.Kennelly Kathleen M. Kennelly 123'Village,Drive East 123 Village Drive East Carmel,Indiana. 46032 Carmel,Indiana 46032 6 Patrick.J.Beime c/o Pulte Homes!.of:Indiana 11711 N.Pennsylvania, Suite 190 Carmel,Indiana 46032 ARTICLE VII Incorporator Section 7.01. Name and<Address of Incorporstor. The name:and post office address of the incorporator is John J.'Kennelly, 123 Village+Drive East,Carmel,Indiana 46032. ARTICLE VM Statement witlh.Respect to Property Section 8.01. ProRerty Property of Coraoration, The Corporation,upon its incorporation,has no property of value. ARTICLE,IX Provision for Regulation and Conduct of the Affairs'of the Corporation Section 9.01. Management of Corporation. The affairs of.the Corporation shalt be managed by the Board of Directors. Section 9.02. Code of By� ws. The Board ofDirectors ofthe Corporation shall have the power, without the-assent,of the'Members,to make,alter, amend,or repeal the By-Laws. Section 9.03. Wice rs. The officers of the Corporation shall consist of a President,one or more Vice Presidents,aSecretary;a.Treasurer, and such other officers asmay be prescribed by the By=Laws or°prescrit'ed by resolution of the Board of°Directorsin the manner specified in the By Laws. The offices of President and,Secretary shall not be occupied'by'the,some Person. Section 9.®4. Initial Board. The initial Board of Directors, named yin Section 6.02 hereof; shall,serve as the Board.ofDirectors ofthe Corporation until the ApplicableiDate.and,:in the event of anyvacancy or vacancies occurring in'the Initial Board for any reasga or cause whatsoever prior to the Applicable Date, every sucti vacancy shall be filled by an;individua"appointed by Declarant. Any such individual appointed by Declarant shall thereafter be deemed amember ofthe Initial Board. 7 Section 9.05. Term of Office of Directors and Officers. Each officer and director,shall hold':his office for the term specified in.the By-Laws,but no term shall end untWa successor'is'elected and qualified for-the office to be vacated. 'Section 9.46. Removal of Member of the Board'of Directors. After the Applicable Date, any member of the Board of Directors may besremoved,with or without cause, at a meeting ofthe Members called for such purpose by the affirmative vote oftwo-thirds(2/3)of all-the votes allocated to Members. Prior to the Applicable Date,any Director maybe removed by Declarant. Section:9.07. Amendment,of Articles of Inc oration. The Corporation,reserved the right to-amend,'alter, change or repeal any provisions contained in the Articles or any amendment- hereto,in any mannernow or hereafterprescribed or permitted'by the Act or any amendment-thereto; but such power of amendment does•not°authorize any,amendment that would permit any part ofthe net earnings of the Corporation to inure to the benefit of any.private individual,:that would modify, the provisions of Section 2.04 if such modification would have the effect of disqualifying this Corporation asan organization exempt from Federal income taxation under the provisions of Section 528 ofthe Code,as:amended,or such equivalent provision as may hereafter exist-from time to;time, or that would be in conflict with the provisions:of the Declaration or any Supplemental Declaration. ARTICLE X Definitions Section 10.01. Terms. The following terms;as used intheseAArticles,and intheBy-Laws, unless the context clearly requires otherwise, shall mean the following:' (a) "Act"shall mean and refer to the IndianallonprofitCorporation Act:of 1991, as amended; (b) "Applicable.Date" shall mean and refer to the date determined pursuant to Section 5.01(b)hereof (e) "Approvals"shap,mean and refer to approvals,determinations,permissions, or consents required herein and shall_be deemed given if they are'given in writing, signed with respect to the Declarant or the Corporation, by'the President or vice-President thereof, and with respect to the Committee, by two(2)members thereof; (d) "Articles" shall mean and.refer to the Articles of Incorporation of the Corporation, as the.same may be amended from time to time, (e) "Board of Directors" shall mean and refer to the governing body of the 8 t, Corporation elected,selected or appointed as provided for in the Articles,By- Laws and'the Declaration; (f) My-Laws" and refer.to the Code ofBy=Laws of the Corporation, as the same may bvamended$om time to time; (g) "Committee-shalt mean and refer-to the "Saddle Creek Building Control Conmmittee' the samebeing the coMmittee.or`entity`established,pursuantto Article VII[,'Section 1 ofthe Declaration for the-purposes therein stated; (h) "COnm]On Areas" shall mean and refer to 01 all;portions of the Real Estate- shown on any recorded subdivision plat of the Real Estate, or airy part there6g.,which are,not:dedicatedtothe'public;andwhtch are not"identi&ed as lots on.any such plat(such as pubk streets),whether such plat is heretofore or hereafter recorded,(ii)to the exteaf hereinafter established,;such portions of the,Real:Estate as.are„herein declared:to be,Common Areas even though located.on or constituting part of oneMr more such,lots shown on any such plat,and('iii)to the extent hereinafter established;,such improves located, installed or:establishedKto,under,across.:or;through-the-Real Estate as are herein declared'to beCommon Areas whether located,installed of established. entirely or partially on Lots(as:herein defined)or portions of the'Real Estate which are not Lots,or both; (i) "Common Expenses”shall mean and refer to expenses of admimsbution of the Corporation;and-expenses for the-upkeep; liability insurance,maintenance, repair and replacement ofthe'Common Area;and all sums,costs and expenses declared-by this Declaration to be Common Expenses; (j) "Corporation shall mean and refer to Saddle Creek Homeowners Association; Inc., an Indiana nonprofit;corporation-which-Declarant has caused, or will cause;to be'incorporated under said name or mar name,its successors And assigns;- (k) "Declarant! shall meavand refer to,'Saddle,-Creek-Development Company,an 1plana•corporat on and any successors andaassigns.of whom it designates in one or more'written recorded instruments to,have the rights of Declarant hereunder,including,but no limited to,airy mortgages acquiring title to any portion of the Real Estate pursuant to the exercise of rights under, or foreclosure og a mortgage executed-by-Declarant; (1) "DeclaratiotV shall mean and refer to the Declaration of Covenants and Restrictions of`Saddle.Creek as recorded in the Office of the Recorder of Hamilton County;Indiana, and as amended from time-to time; 9 r (m) "Drainage System" shall mean and refer to the open drainage ditches, the subsurface drainage tiles; pipes and structures, the dry'and wet retention and/or detention, areas; and the, other structures, fixtures, properties, equipment and fiicilities"located on the Real Estate and designed for the purpose of controlling, retaming,or expediting the.drainage-of surface and subsurface waters,from,over and across;the.Development,including but not limited to those shown or referred to on,a Plat, all orpart of which,may be established as legal.;draimsubject,to the jurisdiction of the Hamilton+County Drainage Board, its successors or assigns; (n) "Dwelling Units" shall mean and refer to.any building, structure or-portion thereof situated on the Real,Estate designed .and intended ,for'use and occupancy as a residence;by on&(1)single family; (o) "Lot" shall mean and' refer to any and each portion of the Real Estate (excluding any part of the Common Areas)designed and'-intended for use as a building site for, or developed and improved-for use�as, a Dwelling Unit (which shall be deemed to include any other buildings or improvements appurtenant;to such Dwelling Unit),:,as designated by Declarant by its deed of the same to another Person. (p) "Mortgagae"shall;mean and refer'to the holder of a recorded first mortgage lien on a Lot or Dwelling Unit; (q) "Owner" shall mean and refer to(i)�the;Declarant, as to each Lot owned by it and as to each individually numbered.parcel of land shown;;upon, and identified as a lot on any recorded subdivision plat of the Real Estate(or;any part thereof)of which;it`is the,owner(either as to the.entirie parcel or any part thereof)which'is not it Lot,and(ii)the recorded,owner,whether one'ormore Persons,of:the fee simple title to any Lo% provided,however, that Owner shall not include or mean or refer to-a;mortgagee or tenant unless and until such mortgagee�or tenaahas acquired title to any Lot,but,upon so acquiring title to.any Lot a mortgagee or tenant=shall be an Owner, (r) 'Person"shall,meanand.referto an individual,firm,-corporation,partnership, Association,trust or other legal entity, or.any combination thereof; (s) "Real Estate"shall'mean or refer to:all parcels of real,estate which,from time to time, have been subjected to, and are, at anytime subject to the Declaration; (t) "Restrictions"shall mean and refer to the,agreements,conditions,covenants, 10 y., restrictions;_easements,assessments.charges,Hens and all otherprovisions set forth in the°Declaration,as the same may be amended from°time to time; (u) "Supplemental Declaration"shall mean and refer to any Plat or supplemental declaration of covenants,conditions or.restrictions that may bexecorded and which extendvthe provision of the Declaration to a Section and contains such,complementary or supplementary provisions for such Section as are required or permitted by the Declaration. Section 10.02. .Other'Terms.: Any undefined term used herein or in the By-Lawn shall; unless'the context required otherwise,have'the meaning set forth in Section 1 of the Declaration. The undersignedbeing,the`sole Incorporator designated in Article 7,does hereby,adoptthese Articles of Incorporation representing by his execution hereof-to the Secretary of State of the State of Indiana and all persons whom it may=concern that a membership list of the Corporation for which aCertificate of Incorporation is hcrebyapplied for has heretofore,been opened in accordance with the Act and that at least one(1)person has signed such membership list. IN WITNESS wBEREOF, the undersigned executes;these Articles of Incorporation and verifies, subject to penalties of perjury, that the facts contained,Herein are true this 26th day of September, 1997. SADDLE CREm DEVELOPMENT COMPANY Ly: John J.Kennelly,.`Ptesidem Prepared by: James J.Nelson :NELSON&FRANKENBERGER 3021 East.98th Street Suite-220 Indianapolis, Indiana 46280 (317)844-0106 E ► ro 11 + . II struiient 9 09722316 970972'31"6 Filed. for. Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 06-06-1997 g7 CLA At 05.0032 pm. AMENDED AND RESTATED DECLARATION OF COVENANTS AND RESTRICTIONS SADDLE CREEK CARMEL,INDIANA Recorded, , 1997 Instrument Number : -t-70 / ZZ 31 Office of the Recorder of Hamilton County,Indiana., 142178.1 s TABLE OF CON'T'ENTS ae ARTICLE I Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . 5 ARTICLE 11 Real Estate Subject To This Declaration; Declarant's Right To Subject Additional Tract To This Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 1. Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . I . . . . . . . . . . . . . . . . . . 5 Section 2. Declarant's Right of Expansion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE III Common Areas: Obligations of Declarant as to Common Areas . . . . . . . . . . . . . 6 Section 1. The.Common Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 2. Agreement to Construct and Convey Common Areas . . . . . . . . . . . . . . . . 7 ARTICLE IV Corporation: Membership;Voting: Functions .. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 1. Membership in Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 2. Voting Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 3. Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE V Board of Directors . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 9 Section.l. Management . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 2. Initial Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 3. Additional Qualifications. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 10 Section 4. Term of Office and Vacancy . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 10 Section 5. Removal of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 6. Duties of the Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 Section 7. Powers of the Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 8. Limitation on Board Action . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 13 Section 9. Compensation . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 13 Section 10. Non-Liability of Directors and Officers . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 11. Additional Indemnity of Directors and Officers . . . . . . . . . . . . . . . . . . . 13 Section 12. Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 14 Section 13. Initial Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE VI Real Estate Taxes: Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 1. Real Estate Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 2. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 142178.1 -rte TABLE OF CONTENTS (Continued) P� ARTICLE VII Maintenance, Repairs and Replacements. . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 1. By Owners . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 14 Section 2. By the Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE VIII Saddle Creek Building Control Committee . . . . . . . . . . . . . . . . . . . . . . . 16 Section 1. Creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 2. Character of the Real Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 3. Restrictions and Obligations Concerning Size,.Placement and Maintenance ofDwelling Units and Other Structures . . . . . . . . . . . . . . . 17 Section 4. Provisions Respecting Disposal of Sanitary Waste . . . . . . . . . . . . . . . . . 19 Section 5. General Prohibitions . . . . . . . . . . . . . . . . . . . 20 Section 6. Committee's Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 7. Rules Coverning.Building on Several Contiguous Lots HavingOne Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE IX Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . 24 Section 1. Annual Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 2. Proposed Annual Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 3. Regular Assessments . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 25 Section 4. Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 5. Failure of Owner to Pay Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 6. Initial Budgets a_nd Assessments . . . .. . . . . . . . . . . . . . . . . . . . . . . . 28 Section 7. Initial Working Capital and Start-Up Fund . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE X Mortgages . . . . . ... . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 28 Section 1. Notice to Corporation . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 28 Section 2. Notice of Unpaid Assessments . . . . . . . . . . . . . . . . . . . . . 29 ARTICLEXI Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 29 Section'l. Casualty Insurance . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 29 Section 2. Public Liability Insurance . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 30 Section 3. Other Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 4. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 5. Insurance by Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE'XII Casualty and Restoration . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 31 142118.1 TABLE OF CONTENT'S (Continued) ARTICLE MH Restrictions, Covenants and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 1. Restrictions on Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 2. Non-applicability to Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE MV Amendment of Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 2. Amendments by Declarant Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE XV Acceptance and Ratification . . . . . . . . . . . . . . .. . . . . . . ... . . . . . . . . . . 36 ARTICLE XVI Negligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . 36 ARTICLE XVII Benefit and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE XVIII Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Section 1. Costs and Attorneys Fees : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Section2. Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Section 3. Severability Clause . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Section4. Pronouns . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Section 5. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Exhibit A Legal Description of Original Tract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . attached Exhibit B Legal Description of Additional Tract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . attached Exhibit C Site Plan . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . attached 142178.1 -i- ENDED AND RESTATED DECLARATION OF COVENANTS AND RESTRICTIONS OF SADDLE CREEK CARMEL, INDIANA This Amended and Restated Declaration of Covenants and Restrictions of Saddle Creek, Carmel, Indiana (the "Declaration"), is made as of the day of May, 1997, by Saddle Creek Development Company, Inc., an Indiana corporation(the "Declarant"), WITNESSETH: WHEREAS, the Declarant is the fee simple owner of at least,seventy-five percent(75%) of the platted lots on'the parcels of real estate located in Hamilton County, Indiana, which are more particularly described,in Exhibit"A",attached hereto and hereby incorporated herein by reference (hereinafter referred to, collectively,as the "Original Tract"); and WHEREAS, Declarant has the right and the option to acquire the parcels of real estate in Hamilton County,Indiana which are,more particularly described in Exhibit"T attached and hereby incorporated herein by reference(hereinafter referred to as the"Additional Tract"); and Whereas, Declarant reserve theright, but not the obligation-from time to time; to acquire Additional Tract or tracts of.land contiguous,or proximal to the Origii'w and/or-the Additional Tract prior to the applicable date, whereupon such.after acquired tract(s)shall be made subject to the terms of this Declaration as hereinafterprovded WHEREAS, Declarant intends to create on the Original Tract[and may in the future desire to create on such portions(ouall)of the Additional Tract as may be made subject to the terms of this Declaration, as hereinafter provided]'a residential community with public streets,private open spaces and landscaped areas, including lakes and ponds, and which community may include certain. recreational facilities and amenities, for the benefit of such residential community;to be known as, SADDLE CREEK;and WHEREAS,Declarant desires toprovide for the preservation;and enhancement of the values and amenities in such community and the common areas therein contained,and;to this end,Declarant desires to subject the Original Tract together-with such portions(or all)of the Additional Tract as may hereafter be ma&subjeaw the terms of,this Declaration, as hereinafter provided)to certain rights, privileges, covenants;rest ctions,aeasements, charges,assessments, liens,each and all to the extent herein provided,.for the benefit of the Original'Tract [together with such,portions (or all) of the Additional Tract as may hereafter be made subject to the terms of this Declaration as hereinafter provided] and each owner of all or part thereof; and WHEREAS, Declarant deems it desirable, for the efficient preservation of the values and amenities insaid community,to create an agency"to which shall be delegated and assigned the powers 142178.1 of owning,maintaining and administering any common areas located on the Real Estate (hereinafter defined), administering and enforcing the covenants and restrictions contained in,this Declaration, collecting and disbursing the assessments and charges imposed and created hereby and hereunder and promoting the health,safety and welfare of the owners of the Real estate, and parts thereof, and WHEREAS, Declarant has caused, or will.cause, to be incorporated under the laws of the State of Indiana a not-for-profit corporation under the name"Saddle Creek Homeowners Association, Inc.", or similar name, as such agency fkthe purpose of exercising such functions; WHEREAS, in furtherance of the above, Declarant executed the Declaration of Covenants. and Restrictions, Saddle Creek, Carmel,Indiana on October 11, 1996 (the"Original Declaration'), which Original Declaration was recorded on October 17, 1996 in the Office of the Recorder of Hamilton County, Indiana as Instrument Number 96096444.059. WHEREAS,Declarant desires to amend and restate the Original Declaration pursuant to.this Declaration. NOW, THEREFORE, Declarant hereby declares that the Real Estate is and shall be held, transferred,sold,conveyed,hypothecated,encumbered, leased,rented,used,improved and occupied subject to the provisions,agreements,conditions, covenants,restrictions, oeasements, assessments, charges and liens hereinafter set forth, all of which are declared to be in furtherance of a plan for preservation and-enhancement of the Real Estate,and are established and-agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Real Estate as a whole. and of each the Lots situated therein.This Declaration shall supersede and replace in its entirety the Original Declaration, which Original Declaration is hereby terminated and of no further force or effect. ARTICLE I Definitions Section 1. The following words and terms, when used herein or in any supplement,or amendment hereto,unless the context clearly requires otherwise,shall have the following meanings: (a) "Act" shall mean and refer to the Indiana Not-for-profit Corporation Act of 1971, as amended; (b) "Applicable Date" shall mean:and.refer to the date determined pursuant to Article IV, Section 2(b)of this Declaration; (c) "Approvals" shall mean and refer to approvals, determinations, permissions, or consents required herein and shall be deemed given if they are.given in.writing,signed with respect to the Declarant or the Corporation, by-the President or vice-President thereof, and with respect to the Committee, by two members thereof; 142178.1 -2- (d) "Articles" shall mean and refer to the Articles of Incorporation of the Corporation, as the same may be amended from time to time; (e) 'Board" or "Board of Directors" shall mean and refer to the governing body of the Corporation.elected, selected or appointed as provided for in the Articles, By-Laws and this Declaration; (f) "By-Laws"-shall mean and refer to the Code. of By-Laws of the Corporation, as the same may amended from time to time; (g) "Committee"shall mean and refer to the"Saddle Creek Building Control Committee", the same being the committee or entity'established pursuant to Article VIII, Section 1 of this Declaration for the purposes herein stated; (h) "Common Areas shall mean and refer to(i)all portions of the Real Estate shown on any recorded subdivision plat of the Real.Estate, or any part thereof, which are not dedicated to the public,;and which are not.identified as lots-on any such,plat(such as public streets), whether such plat is heretofore or hereafter recorded, (ii).to the extent hereinafter established, such portions of,the Real Estate as-are herein declared to be Common Areas even though located on or constituting part of one or more such lots shown on any such plat, and (iii) to the extent hereinafter established, such improvements located,installed or established in,to,under;across or through-the Real Estate as are herein declared to be Common Areas whether located, installed or established entirely or partially on Lots (as herein defined) or portions of the Real Estate which are not Lots,�or both; (i) "Common 'Expenses" shall mean and:refer to expenses of administration of the Corporation,and expenses.for the upkeep,liability insurance,maintenance,repair and replacement of the-Common Areas,and all sums,costs and expenses declared by this Declaration to be.Common Expenses; (j) "Corporation" shall mean;and.refer to Saddle CreekHomeowners Association,Inc., an Indiana not-for-profit.corporation which Declarart has caused, or will cause,to be incorporated under said name;or similar name, its successors and assigns; (k) 'Declarant" shall mean and refer to Saddle Creek Development Company, an Indiana corporation,and any successors and assigns of it whom it designates in one or more written recorded instruments to have the rights of Declarant hereunder,including, but not limited to,any mortgages acquiring title to any portion of the Real Estate pursuant to the exercise of'rights under, or foreclosure of, a mortgage executed by Declarant: 142178.1 -3 - .•c (1) "Drainage System" shall mean and refer to the open drainage ditches, the subsurface drainage tiles,pipes and structures,the,dry and wet retention and/or detention areas, and the other structures, fixtures,properties, equipment and facilities located on the Real Estate and designed for the purpose of controlling, retaining or expediting the drainage of surface and subsurface waters from, over and across the Development, including but not limited to those shown or referred to on a Plat, all or part of which may be established as legal drains subject to the jurisdiction of the Hamilton County Drainage Board,its successors or assigns; (m) "Dwelling Units" shall mean and refer to any building, structure or portion thereof situated an the Real Estate designed and intended for use and occupancy as a residence by one (1) single family; (n) "Lot" shall mean and.refer to any and each portion of the Real Estate(excluding any part of the Common Areas) designed and intended formse as a building site for, or developed and improved for use as, a Dwelling Unit (which shall be deemed to include any other buildings or improvements appurtenant to such Dwelling Unit),as designated by Declarant by its deed of the same to another Person.A Lot will not necessarily be the same as any individually numbered parcel of land shown upon, and identified as a lot on, any recorded subdivision plat.of the Real Estate or any part thereof. For purposes of this Declaration, a "Lot" may be (i) any individually numbered parcel of land lidentified as a lot on such subdivision plat,(ii)part of such a numbered parcel of land, (iii) such a numbered parcel of land combined with part or all of another such numbered parcel of land, or(iv)parts or all of two(2)or more of such numbered parcels of land combined. The determination of what portion of the Real Estate constitutes a "Lot" for purposes of this Declaration shall be made by reference to, and shall mean, each tract of land conveyed by Declarant,to another Person_for use as a building site for,or developed and improved for use as,a Dwelling Unit (which shall be deemed to include any other buildings or improvements appurtenant to such Dwelling Unit). Notwithstanding-the foregoing,.if after the initial conveyance of a portion of the.Real Estate by Declarant to another Person it is agreed between the Declarant and such Person to enlarge or reduce or otherwise change the portion of the Real Estate:so originally conveyed to such Person as a"Lot",then the determination of what portion of the Real Estate constitutes such a"lot" for purposes of this.Declaration shall be made..by reference to, and shall,mear4 such"Lot" initially so conveyed by Declarant, as the same has been adjusted.or changed at any by conveyances by and between Declarant and:such.Person. Any deed or other instrument of conveyance so adjusting or changing the description of a "Lot" shall state on its face that it=is made for such purposes: Any part of a"Lot" reconveyed to Declarant shall, upon such reconveyance, lose its character as part'of a."Lot" and thereafter by conveyed by .Declarant as part of another "Lot`;. The foregoing procedures may be used to correct errors in descriptions, to adjust boundary lines of "Lots" or for any other reason as determined by Declarant; 142178.1 -4- (o) Mortgagee" shall mean and refer to the holder of a recorded first mortgage lien on a Lot or Dwelling Unit; (p) "Owner" shall mean and refer to (i)the Declarant,as to each Lot owned by it and as to each individually numbered,parcel of land shown upon , and identified as a lot an any recorded subdivision plat of the Real Estate(or any part thereof)of which it is the owner(either as to the entire.numbered parcel or any part thereof) which is not.a Lot, and (ii) the recorded owner,whether one or more Persons, of the fee simple title to any Lot, provided, however, that Owner shall not include or mean or refer to a mortgagee or-tenant unless and until such mortgagee or tenant has acquired title to any Lot, but upon so acquiring title to any Lot a mortgagee or tenant shall be an Owner; (q) "Person" shall `mean and refer to an individual; firm; corporation, partnership, Association, trust, or other legal entity,or any combination thereof; (r) "Real Estate" shall mean and refer to the Original Tract, additional tract and after acquired tract as have, from time to time, been subjected to, and are, at anytime subject to this declaration; (s) "Restrictions" shall mean and refer to the agreements, conditions, covenants, restrictions,,easements,assessments, charges, liens and all other provisions set forth in this Declaration,as the same may be amended from time to time; and (t) "Site Plan".shall .mean and refer to the preliminary plan reflecting Declarant's proposed,development of the Original Tract and the:Additional Tract(if the entire Additional.Tract is subjected to this Declaration),a copy of which is attached hereto as Exhibit"C and hereby incorporated herein by reference. Section 2. Other terms and words defined elsewhere in this Declaration shall have the meanings herein attributed to them'. ARTICLE lI Real Estate Subject To This Declaration: Decla_r nt's Rgh To abject Additional Tract To This Declaration ec i Declaration. Declarant hereby expressly declares that the Real Estate shall be held,transferred, sold, conveyed and!occupied subject to all the Restrictions. As of the date of execution of this Declaration,the Real Estate consists solely of the Original Tract. The Owner of any Lot at any time shall be subject:to the Restrictions and this Declaration, (i) by acceptance of a deed conveying title thereto,or the execution of a contract for the purchase thereof,whether from Declarant 1421781 - 5 - or a subsequent Owner of such Lot,or(ii) by the act of occupancy of any lot, shall conclusively be deemed to have accepted such deed,executed such contract and undertaken such occupancy subject to all Restrictions contained in this Declaration. By acceptance of such deed, execution of such contract or undertaking such occupancy, each Owner and all other Persons acknowledge the rights and powers of Declarant, the Committee and the Corporation with respect to or under this Declaration, and;for Himself,his heirs,personal representatives, successors and assigns, covenant, agree and consent to and with Declarant, the Committee and the Corporation, and the Owners and subsequent Owners of each of the Lots affected by this Declaration, to keep, observe, perform and comply with the terms and provisions of this Declaration. Section 2. Declarant's Right of Expansion. Declarant shall-have, and hereby expressly reserves,, the right, but not the obligation, at any time and from time to_time, on or before the applicable date to add to the real estate and subject to this Declaration all or any part,ofthe Additional Tractor after acquired tract. Any portion of the Additional Tract or after acquired tract shall be added to the Real Estate, and therefore and thereby becomes a part of the Real Estate and subject in all respects to this Declaration, when Declarant places of record in Hamilton County, Indiana an instrument so declaring the same to be a part of the Real Estate,which declaration may be made a part of the subdivision plat of any portion of the Additional Tract or after acquired tract, or by an amendment or'supplement to this Declaration;or bythe deed conveying any"portion of the.Additional Tract to a Person other than Declarant,or otherwise. Upon the recording of any such instrument on or before the Applicable Date, the real estate described therein shall,.for all purposes thereafter be deemed a part of the Real Estate and the Owners of any Lots within such real estate shall be deemed for all purposes to have and be subject to all the rights,duties,privileges and obligations of Owners of Lots within the Real Estate. No single exercise of Declarants right and option to add to and expand the Real Estate,as described in this Section 2,as to any part or parts of the Additional Tract or after acquired tract shall preclude Declarant from�thereafter from time to-time further expanding and adding to the Real Estate, to include other portions of the Additional Tract, and such right and option of expansion may be exercised by Declarant,from time to time as to all'or any portion of the Additional Tract or after acquired tract so long as such expansion is accom d plishe on or before the Applicable Date. Such expansion of the Real Estate is entirely at the discretion of Declarant and nothing contained in this Declaration or otherwise shall require.Declarant to expand the Real Estate beyond the Original Tract,or any other portions of the Additional Tract or after acquired.tract which Declarant may voluntarily and in its sole discretion from time to time subject to this Declaration. ARTICLE III Common Areas: Obligations of Declarant as to Common Areas Section 1. The Common Areas. The Common Areas shall consist of the portions of the Real Estate; and improvements thereon or thereto, as defined in Article 1, Section 1(h) of this Declaration. Without limiting the generality of the foregoing,the Common Areas shall include the following portions of the Original Tract and the Additional Tract, and improvements thereon or thereto,to the extent the same have been subjected to this Declaration and are part of the Real Estate: 142178.1 -6 - (a) The ten(10) storm water detention ponds or lakes shown on the-Site Plan, including all land areas surrounding-the same which are shown upon,the Site Plan as,and may be shown on subdivision plats of the Real Estate as "Common Areas" or "Lake Maintenance Easement"; (b) Landscaping to be installed in any islands,esplanades,cul-de-sac or cul-de-loop areas within the right=of--way of any streets within the Real Estate, or in any greenway or elsewhere within the:real estate;and (c) Entry way walls, fountains, works of art, sculptures; fences or other structures, sidewalks and,pedestrian,underpasses installed in pedestrian walkway easements or under a county right-of-way, subdivision :identification signs, street signs or directories, landscape irrigation systems, decent lighting systems and other similar items to be installed in "Landscaping Easements", "Internal Sidewalk System Easements% "Lake Maintenance Easements" or "Pedestrian Parkway Easements" noted or to-be noted on,subdivision plats of the Real Estate, or at or in proximity to the street entrances to the Real.Estate from 136th and 141st streets; and (d) The following improvements(hereinafter referred to,collectively,as the"Recreational Facilities")to be,installed in the "Common Area" located as shown on the Site Plan: (i) One(1)or more tennis courts, (ii) A swimm ng.pool,and (iii) An off-street vehicle parking area. ecti n A mt f e o Construct and Convey Conr m m,&e-q5. Declarant will,prior to the Applicable Date,construct or provide,.for the Common.Areas described herein to the extent the same are due to be.,located on portions of the Original Tract or the Additional Tract which are subjected to this Declaration and are part of the Real Estate.Upon final construction or provision of such Common Areas, Declarant covenants to convey,all of its right,title and.interest in and to said Common Areas to the Corporation:and'all.such right,title and interest in and to said items(whether owned in fee,by leasehold,by contract or in the nature of an easement or license)shall then be the property,of the corporation,whether or not the same may be located entirely or partially on any one or more of:the lots. The corporation covenants to accept such:common.area subject to the terms and conditions of this Declaration. ARTICLE IV Cornoration• Membership• Voting' Functions Section 1. Membership in Corporation. Declarant and each Owner of a Lot shall, automatically upon becoming an Owner, be and become a member of the Corporation and shall 142178.1 -7- remain a member until such time as his ownership of'a Lot ceases,but membership shall terminate. when such Owner ceases to be an Owner, and will be transferred to the new Owner of his Lot; provided, however, that any Person who holds the interest of an Owner in a Lot merely as security for the performance of an obligation shall not be a member until and unless he forecloses upon his security, at which time he shall automatically be and become an Owner and a member of the Corporation. cti 2. Voting Rights_ The Corporation shall have the following classes of membership,with the following voting rights: (a) Class A. Class A members shall all be Owners except Class B members. Each Class A member shall be entitled to one(1) vote for each Lot of which such member is the Owner with respect to each matter submitted to a vote of members upon which the Class A members are entitled to vote. When more than (1) Person constitutes the Owner of a particular Lot,all,such Persons shall be members of the Corporation,but all of such Persons shall have only(1)vote for such Lot,which vote shall be exercised as they among themselves determine,but in no event shall more than one(1)vote be cast with respect to any such Lot. (b) Class B. Class&members shall be Declarant,all successors and assigns of Declarant designated by Declarant as Class'B members in a written notice mailed or delivered to the resident agent of the Corporation,and Pulte Homes of Indiana. Each Class B member shall be.entitled to five(5) votes for each Lot of which it is the Owner and five (5) votes for each individually numbered parcel of'land shown upon, and identified as a lot on, any recorded subdivision.plat of the Real Estate, or any part thereof; of which it is the Owner(either as,to the entire numbered parcel or'any part thereof) which is not a"Lot" as defined in this Declaration, on all matters requiring a vote of the members of the:Corporation. The Class B membership shall cease and terminate upon the fast to occur of(i)the date upon which the written resignation of the Class B members as such is delivered to the.resident agent of the Corporation, (ii) the date Declarant no longer owns any Lots nor any portion of any individually numbered parcel of land shown upon, and identified as a lot on, any recorded subdivision plat of the Real Estate,or any part thereof,or(iii)December.31,2005 (the "Applicable Date"). After the Applicable_Date, Class B memberships shall be converted to Class A memberships,and each former Class B member shall be entitled to one (1) Class A membership for each Lot owned. and for each individually numbered parcel of land shown upon, and identified as a lot on, any;tecorded subdivision plat of the Real Estate, or any part thereof,of which it is then the owner (either as to the entire numbered parcel or any part thereof)which is not a"Lot" as defined herein. (c) Special. Until the Applicable Date,..there shall be three (3) additi'onal' Special members of the Corporation, being the persons from time to time appointed by 147178.1 - 8 - Declarant to serve on the "Initial Board" pursuant to Section 2 of Article V hereof. Persons who are special members shall not be deemed or considered members.of the Corporation nor Owners of Lots for any purpose other than to qualify to act as members of the Initial Board. Special members shall have no voting rights on any matters submitted to a vote of the members [unless such Special member is also a Class A member,in which event his voting rights shall be governed by subsection(a) of this Section 2]. Section Functions. The Corporation has been (or will be)formed for the purpose of providing for the maintenance,.repair, replacement, administration, operation and ownership of the Common Areas as and to the extent provided herein,to pay taxes assessed against and payable with respect to the Common Areas,to pay any other necessary expenses and costs in connection with the Common Areas,and to perform such othenfunctions as may be designated for it to perform under this Declaration or under any recorded subdivision plat of the Real tstate,whether heretofore or hereafter recorded. AR_DCLE V Board of Directors Section 1. 'Management.`'Me business and affairs of the'Corporation shall be governed and managed by the Board of Directors.No person.shall be eligible:to serve as a member of the Board of Directors unless he is or`is:deemed in accordance,with this Declaration to be,an Owner, including a person appointed by Declarant as provided in Section2 of this Article V. ecti Initial Board of Directors. The initial Board of Directors shall be composed of the persons designated or to be designated in the Articles,to-wit:John J..Kennelly,Kathleen M. Kennelly,Patrick J.Beime(herein referred to as the"Initial Board"),all of whom have been or shall be appointed by Declarant. Notwithstanding anything to the contrary eontaiined'in, or any other provisions of, this Declaration,the Articles,the By-Laws or the Act-(a)the Initial Board shall hold office until the first meeting of the members of the Corporation,.occurring on.or after the Applicable Date, and(b)in the event of any vacancy or vacancies occurring in the Initial-Board for any reason or cause whatsoever prior to such first meeting occurring on or after the Applicable Date determined as provided above,every such vacancy shall be filled by a person appointed by Declarant,who shall thereafter be deemed a member of the Initial Board. Each Owner,by`acceptance of a deed to a Lot, or by acquisition of any interest in a Dwelling Unit by any type of Juridic acts inter vivos or causa mortis,or otherwise,shall be deemed to have appointed Declarant as such Owner's agent,attorney-in- fact and proxy,which shall'be deemed coupled withan interest and irrevocable until the Applicable Date determined as provided,above, to exercise all of said Owner's right to vote, and to vote as Declarant determines, on all°matters as to which members of1he Corporation are entitled to vote under the Declaration,the Articles,the By-Laws,the Act or otherwise:This appointment of Declarant as such Owner's agent,attorney-in-fact and proxy shall not be affected by incompetence of'the Owner granting the same. Each Person serving on the Initial Board,whether as an original member thereof or as a member thereof appointed by Declarant to fill a vacancy, shall.be deemed a Special member 142178.1 - 9- of the Corporation and an Owner solely for the purpose of qualifying to act as a member of the Board of Directors and for no other purposes.No such Person serving on-the Initial Board shall be deemed or considered a member of the Corporation nor an Owner of a Lot for any purpose (unless he is actually the Owner of a Lot and thereby a member of the Corporation). Section-3. Additional Qualifications. Where an Owner consists of more than one Person or is a partnership, corporation, trust or other legal entity, then one of the Persons constituting the multiple Owner, or a partner or an officer or trustee, shall be eligible to serve on the Board of Directors, except that no single Lot or Dwelling Unit may be represented on the Board of Directors by.more than one Person at a time. Section 4. Terre of Office and Vacancy. Subject to the provisions of Section 2 of this Article V, the entire membership of the Board:of Directors shall be elected at eachaannual meeting of the Corporation.. The Initial Board shall be deemed to be elected and reelected as the Board of Directors at each annual meeting until the first meeting of the members occurring on or after the Applicable Date provided herein. After the Applicable Date, each member of the Board of Directors shall be elected for a term of one(1)year. Each Director shall hold office throughout the term of.his election and until his successor is elected and qualified.Subject to the provisions of Section.2 of this Article V as to the Initial Board, any vacancy or vacancies occurring in the Board shall be filled by a vote of a majority of the remaining members of the Board,or by vote of the Owners if a Director is removed in accordance with Section 5 of this Article V. The Director so filling a vacancy shall serve until the next annual meeting of the members and-until his successor is elected and qualified. Section 5. Removal directors'. A Director or Directors, except the members of the Initial Board,may be removed with or without cause by vote of a majority of the votes entitled to be cast at a special meeting of the Owners duly called and constituted for such purpose. In such case, his successor shall be elected at the same meeting from eligible Owners nominated at the meeting. A Director so elected shall serve until the next annual meeting of the Owners and until his successor is duly elected and qualified. ection 6. Duties of the Board of Directors. The Board of Directors shall be the governing body of the Corporation representing all of the Owners and being responsible. for the functions and duties of the Corporation,including but not:limited to,providing for the administration of the Real Estate, the management, maintenance, repair, upkeep and replacement of the Common Areas (unless the same.are otherwise and responsibility or duty of Owners), and the collection and disbursement of the,Common Expenses. Before or after the Applicable Date, the Board may, on behalf of the Corporation, employ a reputable and recognized professional.property management agent(herein called the"Managing Agent")uponsuch terms as the Board shall find,in its discretion, reasonable and customary. The Managing Agent, if one is employed, shall assist the Board in carrying out its duties,which include,but are not limited to: (a) .protecti on,surveillance and replacement of the Common Areas, unless the same are otherwise the responsibility or duty of Owners of Lots;provided,however,that this 142178,1 _ 10- duty shall not include or be deemed or interpreted as a requirement that the Corporation, the Board or any Managiqg Agent must-provide any on-site or roving guards,security service or security system for protection or surveillance,and the same need not be furnished; (b) procuring of utilities used.in-connection with the Lots, Dwelling Units and Common Areas(to the extent the same are not provided and billed directly to Owners of Lots and Dwelling Units by utility companies) and snow removal from the Street; streets within the Real Estate (if the appropriate governmental authority exercising Jurisdiction over such streets is.unable or unwilling to provide such snow removal); (c) landscaping,painting, decorating, furnishing, and maintenance and upkeep of, the Common Areas; (d) assessment and collection from the Owners of the Owners' respective shares in the Common Expenses; (e) preparation of the proposed annual budget; a copy of which will be mailed or delivered to each. Owner.-at the same time as the;notice of the annual or special meeting at which the same is to be acted upon is mailed or delivered; (f) preparing and delivering-annually to the Owners a full accounting of all receipts and expenses incurred,in the prior year,if possible,such accounting shall be delivered to each Owner simultaneously with delivery of the proposed annual budget for the current year; (g) keeping a current, accurate.and detailed record of receipts and expenditures affecting the Common Areas and the business and affairs of the Corporation,specifying and itemizing the Common Expenses; all-records and vouchers shall be available for examination,by an Owner at anytime during normal business hours; (h) procuring: and maintaining for the benefit of the .Corporation, the Owners, any Managing Agent and the Board of insurance coverages required under this Declaration and such other insurance coverages as the Board, in its sole discretion, may deem necessary or advisable; (i) paying taxes and assessments levied and assessed against, and payable with respect to, the Common Areas and paying any other necessary expenses and costs in connection with the Common Areas; and (j) procuring weekly trash removal services for the benefit of the Owners for which services the Owners may be billed directly; and 142178.1 (k) all duties and obligations imposed upon the Corporation or the Board under this Declaration,the Articles, the By Laws,,the Act, or any recorded subdivision plat of the Real Estate whether heretofore or hereafter recorded. Section. Powers of the Board of Directors. The Board of Directors shall have such powers as are reasonable and necessary to accomplish the performance of their duties. These powers include, but are not limited to,the power: (a) to employ a Managing Agent.to assist the Board in performing its duties; (b) to purchase,lease or otherwise obtain for the Corporation, to enable it to perform its functions and duties, such equipment, materials, labor and services as may be necessary in the judgment of the Board of Directors; (c) to employ legal counsel, architects, contractors, accountants and others as in the judgment of the Board of Directors may be necessary or desirable in connection with the business and affairs of the Corporation; (d) to employ,designate, discharge and remove such personnel as in the judgment of the Board -of Directors may be necessary for the maintenance, upkeep, repair and replacement of the Common Areas and to perform all other maintenance, upkeep, repair and replacement duties of the Corporation and the Board; (e) to include the costs of performing all of its functions, duties and obligations as Common Expenses and to pay all of such costs therefrom; (f) to open and maintain a bank.account or accounts in the name of the Corporation; (g) to promulgate,adopt,revise,amend and alter from time to time such additional rules and regulations with respect to use,occupancy,operation and.enjoyment of the Real Estate and the Common Areas(in addition to those set forth in this Declaration)as the Board,in its discretion,deems necessary or advisable;provided,however,that copies of any such additional rules and regulations so adopted by the Board shall be promptly delivered to all Owners; and (h) to grant to such public or private companies, entities or bodies as the Board shall approve,such easements as maybe necessary to provide-the Lots,Dwelling Units and Common Areas with facilities for.utility and similar services, including but not limited to cable television facilities and service; provided that such easements are located within or are co-extensive with any one or more easements or Common Areas shown upon,and identified as such on,or-provided for in,any subdivision plat of the Real Estate,whether such plat is heretofore or hereafter recorded. 142178.1 ect' Limitation on Board Action. After the Applicable Date, the authority of the Board of Directors to enter into contracts shall be limited to contracts involving.a total expenditure of less.than$2,500:00 without obtaining the prior approval of a majority of the cumulative votes of the Owners,except that in the following cases such approval shall not-be necessary: (a) contracts for replacing or restoring portions of the Common Areas damaged or destroyed by fine or other casualty where the cost thereof is payable out of insurance proceeds actually received or for which the insurance carrier has acknowledged coverage; (b) proposed contracts and proposed expenditures expressly set forth in the proposed annual budget as approved-by the Owners at the annual meeting; and (c) expenditures necessary to deal with emergency conditions in which the Board of Directors reasonably believes there is insufficient time to call a meeting of the Owners. Section Compensation: No Director shall receive any compensation for his services as such,except to such extent-as maybe expressly authorized by amajority vote of the Owners.The Managing Agent, if any is employed, shall be entitled to reasonable compensation for its services, the cost of which shall be a Common Expense. ' Section 10. Non-Liability of Directors and Officers. The Directors and officers of the Corporation shall not be liable to the Owners or any other Persons for-any error or mistake of judgment exercised in carrying out their duties and responsibilities as directors and officers, except for,their own individual willful misconduct, bad faith or gross negligence. The Corporation shall indemnify and hold harmless and defend each of the Directors and officers against any and all liability to any person, firm or corporation arising out of contracts made by the Board on behalf of the Corporation,unless any such contract shall have been made in bad faith. It is intended that the Directors and officers shall have no personal liability with respect to any contract made by them on behalf of the Corporation. Section 11. Additional Indea ity of Directors and Officers. The Corporation shall indemnify,hold1armless and defend any Person,his heirs, assigns and Iegal representatives, made a party to.any action, suit or proceeding by reason of the fact that he is or was a Director or officer of the Corporation,.agaiust the:reasonable expenses,including attorneys'fees,actually and necessarily incurred by-him in connection with the defense of such action, suit or proceeding,or in connection with any appeal therein,except as otherwise specifically provided herein in relation to matters as to which it shall be:adjudged in such action,suit or proceeding that such Director or officer is liable for gross negligence or misconduct in the performance of his duties. The Corporation shall also reimburse to any such Director or officer the reasonable costs of settlement of"or judgment rendered in any action; suit or proceeding, if it shall be found by a majority vote of the Owners that such Director or officer was not guilty of gross negligence or misconduct. In making such findings and 142176.1 - 13 - notwithstanding the adjudication in any action, suit or proceeding against a.Director or officer, no Director or officer shall be considered or deemed to be..guilty of or liable for negligence or misconduct in the performance of his duties where,acting in good faith,such Director or officer relied on the books and records of the Corporation or statements or advice made by or'prepared by the Managing Agent(if any)-or any other officer or employee thereof, or any accountant, attorney or other person,firm or corporation employed.by the Corporation to render advice or service unless such Director or officer had actual knowledge of the falsity or incorrectness thereof;,nor shall,a Director or officer be deemed guilty of or liable for negligence or misconduct by virtue of the fact that he failed or neglected to attend a meeting or meetings-of the Board of Directors. Section 12. Bond. The Board of Directors may provide surety bonds and may require the Managing Agent(if any),the treasurer of the Corporation, and any other officers as the Board deems necessary, to provide surety bonds, indemnifying the Corporation against larceny, theft, embezzlement,forgery,misappropriation,wrongful abstraction,willful misapplication,and other acts of fraud or dishonesty, in such sums and with such sureties as may be approved by the Board of Directors and any such bond shall specifically include protection for any insurance proceeds received for any reason by the Board. The expense of any such bonds shall be a Common Expense. Section 13, Initial Management. Notwithstanding anything to the contrary contained in this Declaration,Declarant shall have,and Declarant hereby reserves to itself,the exclusive right to manage or designate a Managing Agent for the Real Estate and Common Areas, and to perform all the functions of the Corporation,until the Applicable Date. Declarant may,at its opti on,engage the services of the Managing Agent affiliated with it to perform such functions and, in "either case, Declarant or such Managing Agent shall be entitled to reasonable compensation for its services. AR CLE VI Real Estate'Taxe _ Utilities Section 1. - Real Estate Taxes. Real estate taxes on each Lot,,and on any Dwelling Unit or other improvements on each Lot,are to be separately assessed and taxed to each Lot-and shall be paid by the Owner of such Lot Any real estate taxes or other assessments against the Common Areas shall be paid by the Corporation and treated as a Common Expense. Section 2. Utilities. Each Owner shall pay for his own utilities which, to the extent possible shall be separately metered to each Lot and Dwelling Unit.Utilities which.are not separately metered to an Owner's Lot or Dwelling Unit shall be treated as and'paid as part of the Common Expense, unless otherwise determined by the Corporation. ARTICLE VII Maintenance.Repairs and Replacements Section By Owners. Each Owner shall, at his own�expense,be responsible for, and shall promptly perform as the need therefore arises, all maintenance, repairs, decoration and 142178.1 - 14- replacement of his own Dwelling Unit, both interior and exterior. In addition, each Owner shall furnish and be responsible for-the maintenance of all portions of his Lot, except for such portions thereof as may, in accordance with the terms of this Declaration, be designated as apart of the- Common Areas for purposes of maintenance only. All fixtures and equipment installed within or as part of a Dwelling Unit,commencing at the points where the utility lines,pipes,wires, conduits or systems enter the Lot upon which said Dwelling Unit is located,shall be maintained and kept in repair by the Owner thereof. Each.;Owner shall promptly perform all maintenance and repair of his Lot and Dwelling Unit which,if neglected,might adversely affect any other Lot or Dwelling Unit or any part of the Common Areas. Such-maintenance and repairs include but are not limited to internal water lines,plumbing,electric lines,gas lines,appliances,and all other fixtures, equipment and accessories belonging to the Owner and:a part of or appurtenant to his Dwelling Unit or Lot. Section 2. By the Corporation. Maintenance, repairs, replacements and upkeep of the Common Areas [including, but not limited to,the storm drainage system for the Real Estate(other than portions thereof established as legal drains subject to the jurisdiction of the Hamilton County Drainage Board and maintained by it)) shall;(except to the extent provided,,herein as the obligation of Owners)be furnished by the Corporation,as a part of its duties,and the cost thereof shall constitute a part of the.,Common Expenses. In.addition to the maintenance of the Common Areas.as herein otherwise defined,the Corporation, as part of its duties,and as a part of the Common Expenses, shall provide for maintenance for the following items, which shall be considered part of the Common Areas for purposes of maintenance only: (a) those portions of the Real Estate,whether or not.said portions are part of.any of the Lots, which are located outside any perimeter fencing (including walls) originally installed by Declarant as partof the perimeter treatment of the Real Estate, but only to the extent that the same are not maintained by or the responsibility of a public authority; provided, however, that the Corporation shall have no obligation to maintain any public street,,road or highway located within'any public right-of-way or abutting the Real Estate.. For purposes of this subparagraph (a), 'outside any perimeter fencing"means the areas between such fencing and the nearest property line of the Real Estate; (b) any perimeter.fencing,(including walls)originally installed by Declarant as part of the perimeter treatment of the Real Estate; (e) landscaping and other items installed by Declarant as part of its initial development of the Real Estate.or by the Corporation in the right-of-way-of any streets within the Real Estate; (d) the ten(10)lakes.or ponds shown on the Site Plan,including any equipment(such as water wells, fountains or other aeration equipment) installed by Declarant as an appurtenance to or to aid in the functioning of such lakes or ponds, whether or not 142173.1 located on Lots and other fountains, sculptures or works of art located in common areas; and (e) pedestrian walkways or pedestrian underpasses, including and equipment installed by Declarant as an appurtenance to or to aid in the functioning of such pedestrian walkways or pedestrian underpasses including installation under a Hamilton County public right-of-way (Street). The Board of Directors may adopt such other rules and regulations concerning maintenance, repair, use and enjoyment of the Common,Areas as it deems necessary, provided that the same are not inconsistent with the express provisions of this Declaration.Notwithstanding any obligation or duty of the Corporation to repair or maintain any of the Common Areas (or items deemed Common Areas for purposes of maintenance), if, due to the willful, intentional or negligent acts or omissions of an Owner or of a member of his family or of a guest, tenant, invitee or other occupant or visitor of such Owner,damage shall be caused to the Common Areas(or items deemed as,such-for purposes of maintenance),or if maintenance, repairs or replacements shall be required thereby which would otherwise be at the Common Expense, then such Owner shall pay for such damage 'and such maintenance, repairs and replacements,as may be determined by the Corporation,unless such loss is covered by the Corporation's insurance with such policy having a waiver of subrogation clause. If not paid by such Owner upon demand by the Corporation,the cost of repairing such damage shall be added to and become a part of the assessment to which such Owner's Lot is subject. The authorized representatives of the Corporation,the Board and the Managing Agent for:the Corporation (if any) shall be entitled to reasonable access to any Lot as maybe required in connection with maintenance,.repairs or replacements of'or to the Common Areas and items deemed as Common Areas for purposes of maintenance, including,but not limited to, access to any easements reserved, granted or created by any subdivision plat of any portion of the Real Estate for such purposes. ARTICLE VIII Saddle Creek BuildinjControl Committee Section 1. Creation. There shall be, and hereby is, created and established the"Saddle Creek Building Control Committee (the "Committee") to perform the functions provided to be performed by it hereunder or under any subdivision plat of the Real Estate. Until the Applicable Date, the Declarant, or not more than three, (3) persons designated by it, shall constitute the Committee. After the Applicable Date, the Committee shall be a standing committee of the Corporation consisting of three(3)or more Persons as may,from time to,time,be provided in the By= Laws. If the By-Laws do not, at any time,provide for the Committee, then the Board shall be and constitute the Committee. Section 2. Character of the Real Estate, A.. InGeneral. Every Lot in Real Estate, unless it is otherwise designated by the Declarant,is a residential lot and shall be used exclusively for single family residential purposes. No 142178.1 - 16 - structure shall be erected, placed or permitted to remain upon any of said residential lots except a single family dwelling house and such other improvements, appurtenances and facilities.as are usual and customary accessory uses to a single family dwelling house. Platted building lines, and minimum front, side and rear building lines shall be as established on any subdivision plats of the Real Estate or portions thereof. All construction upon the Real Estate shall be done incompliance with the requirements of all applicable zoning, building and other governmental laws, ordinances,,,codes and other: regulations. B. Residential Use of Accessory Structures Prohibited. No accessory uses or improvements shall be erected on any of the. Lots prior to the erection thereon of a single.family Dwelling Unit, and in no event shall any such accessory or any temporary structure which may be constructed upon a Lot subject to these Restrictions ever be used as a residence or dwelling house or place for human occupancy or habitation. C. Occupancy and Residential Use of Partially Completed Dwelling House Prohibit. No Dwelling Unit constructed on any of the Lots shall be occupied or`used for residential purposes or human habitation until it:shall have been substantially completed and has received a Certificate of Occupancy from the proper building permit authority. Section 3. ReArictioins and Obligations Concerning Size Placement and Maintenance of Dwelling Units.and Other�tructures. A. Minimum-Living_Space —Areas. The minimum square footage of living space of Dwelling Units constructed_ on the Lots shall be as specified in any recorded subdivision plats of the Real Estate. B. Set-Back Requirements. .Set-back and yard size requirements for Lots shall be as set forth on any recorded subdivision plats'of the Real.Estate. C. Mailboxes. In order to aid in the preservation of aesthetic.appearances within the Real Estate, any mailbox installed on.the Real Estate must be approved by the Committee as to size, location,height and composition before it is installed. A standard:maiIbox design will be prepared by the Committee,and such design shall be the standard for all mailboxes,installed on the Real Estate. D. Exterior Construction: The finished exterior.of every Dwelling Unit and other building constructed or placed on any Lot shall be of material other than:aluminum siding, rollbrick siding or any other similar artificial material. Vinyl siding shall be permitted on all sides of the finished exterior of:every Dwelling Unit;provided,however,that the front exterior shall be comprised of at least fifty percent(50%)brick.All materials used on the exterior of-any Dwelling Unit and any other building.improvements on a Lot shall be subject to the approval of the Committee. All dri veways must be concrete surface from their point of connection with the abutting street or road to their point:of connection with the garage apron. 142178.1 - 17- E. Heating Plants and Garages. Every Dwelling Unit located on the Real Estate must contain a heating plant installed in compliance with the required codes and capable of providing adequate heat for year-around human habitation of the Dwelling Unit. Every Dwelling Unit located on the Real Estate must have at least a two-car attached garage,and the same architectural design and materials as the Dwelling Unit. F. Diligence in Construction. Unless a delay is caused by strikes, war, court injunction or acts of God, every-building whose construction or placement on any Lot is begun shall be completed within nine (9) months after the beginning of such construction or placement. No improvement which has partially or totally been destroyed by fire or otherwise shall be allowed to remain in such state for more than two (2)months from the time of such destruction or damage. G. Prohibition of Used Structures. All structures constructed or placed on any Lot shall be constructed with substantially all new materials,and no used structures shall be relocated or.placed on any such Lot. H. Maintenance of Lots and Improvements. The owner of any Lot shall at all times maintain the Lot and any improvements situated thereon in such a manner as to prevent the Lot or improvements from becoming unsightly and, specifically, such Owner shall: (i) Mow the Lot at such times-as may be reasonably required in order to prevent the unsightly growth of vegetation and noxious weeds and, in any event,not less frequently than once each three weeks, during the months of April through October, inclusive,of each year, (ii) Remove all debris or rubbish on a weekly basis; (iii) Prevent the existence of any other condition that reasonably tends to detract from or diminish the aesthetic appearance of the Real Estate; (iv) Cut down and remove dead trees; (v) Where applicable,prevent debris and foreign material from entering drainage areas,this includes but is not limited to soil erosion; (vi) Keep the exterior or'all improvements in such a state of repair or maintenance as to avoid their becoming unsightly;and I. Fences Wa11s and•8creen -Structures. In order to aid in .the preservation of the aesthetic appearance within the real:estate and to help maintain an open, view of the natural surroundings,the following restrictions and limitations will apply to rear yard orside yard fences, walls or screening structures: 142178.1 - 18 - (i) No rear.yard or side yard fence, wall or screening"structure may exceed 48" in height on any Lot: An exception will be made if required by statute or ordinance.°in conjunction with a specified use of the property. (ii) The material and style used for rear yard or sideyard fences or screening structures on all'Lots may include ornamental iron or aluminum(black,white, beig.1--or brown color), "Cape Cod" or vertical spaced wood picket(natural or white color)."Hidden electronic fencing will be allowed on any Lot. All other materials and styles must be approved by the Committee. Portable or modular kennel.or kennel systems will not be allowed on any Lot. (iii) In addition to;the above, on all Lots adjacent to 136th Street,Ditch Road and 141st Street,,the Owner may not install a fence parallel to these streets if a fence°is. ..installed by Declarant along anyofthese streets or parallel,to a fence installed by Declarant along these.sireets. The Owner of the Lots may connect a side yard fence to a fence installed by Declarant along these streets. The Owner of these Lots may not install any fence in a Landscape. Easement adjoining the above referenced streets. No Owner may install a fence in any Dminagq.Easement,Pedestrian Parkway Easement,Internal sidewalk System _Easement, County Landscape & Utility Easement, Landscape Easement or Lake Maintenance Easement or Common Area. J. Declarant's and the Corporation's Right to Perform Certain Maintenance.. In the event that any Owner of a Lot shall fail to maintain his Lot and any improvements situated thereon in accordance with the provisions of these Restrictions and the provisions of any recorded subdivision plats'of the Real-Estate,'the Declarant, until the Applicable Date, and, thereafter, the Corporation, shblI have the right, but not the obligation,by and through its agents and.employees or contractors, to enter upon said Lot and repair, mow,;clean or perform such,other acts as may be reasonably necessary to make such Lot'and improvements situated thereon, if any,conform to the requirements of these Restrictions and the provisions contained in any such subdivision plats. The cost thereof to the Declarant or the Corporation shall be collected as.a special assessment against such Owner and his Lot in the manner provided for herein for the coll ection of Common Expenses. Neither the Declarant nor the Corporation,nor any of its agents,employees,or contractors,shall be liable for any damage which may result from any maintenance work performed hereunder. Section 4. Provisions Respecting Disposal of Sarutary Waste. A. Nuisances. No outside toilets shall be permitted on any Lot(except during a period of construction with the placement of said toilets at the discretion of the Committee),and no sanitary Waste or other wastes shall be permitted to be exposed. B. Cbnstr►�ctioz�of Sanliga Sewage Lines and Disposal Facilities. All sanitary sewage lines and disposal facilities on the Lots shall be designed, constructed, installed'and maintained in 142173.1 _ 19- accordance with the provisions and requirements of Hamilton. County, Indiana, any other governmental or quasi-governmental agencies having jurisdiction over public sanitary sewers and these Restrictions. 5ectiqTL5 CJeneral Prohibiti M. In addition to any restrictions or limitations contained elsewhere in this'Declaration or in any iecorded subdivision plats of the Real Estate, the following limitations,restrictions and prohibitions shall govern the development,use and occupancy of the Real Estate: A. In Qene . No noxious or offensive activities.shall be carded on any Lot,nor shall anything be done on any of said Lots that shall become or be unreasonable annoyance or nuisance to any Owner of another Lot. B. Suns. Except as otherwise permitted by any subdivision plats of the Real Estate or the Committee;no signs or advertisements, shall be displayed or placed on any Lot or structures without the prior written approval of the Committee. C. Animals. No animals shall be kept or maintained on any Lot except usual household pets,and,in such cases, such household pets shall be kept reasonably confined so as not to become a nuisance to adjoining Lot Owners. D. Vehicle Parking. No trucks, campers, trailers, recreational vehicles (whether for business use or pleasure use),boats,boat trailers or similar vehicles shall be parked or stored on any street or Lot,unless the same are parked in a garage overnight. E. Garbage Trash and Other Refuse. No Owner of a Lot shall bum or permit the burning out-of-doors of garbage or other refuse, nor shall any such Owner. accumulate or permit: the accumulation out of doors of such refuse on his Lot except as may be permitted in subparagraph F below. All houses shall be equipped with a garbage disposal unit. F. Fuel Storage Tanks and Trash Receptacles. Every tank for the storage of fuel that is installed outside any building shall be buried below the surface of the ground. Every, outdoor receptacle for ashes,trash,rubbish or garbage shall be installed underground or shall be so placed and kept as not to be visible from any street within the Real Estate at any time, except at the time when refuse collections are being made. G. Temposasy Structures.. No temporary house,trailer,tent, garage or other outbuilding shall be placed or erected on any Lot,nor shall any overnight camping be permitted on any Lot. H. Ditches and Swales. It shall be the duty of every Owner of every Lot on which any part of an open storm drainage ditch or swale is situated to keep such portion thereof as may be situated upon his Lot continuously unobstructed(both by improvements and plant material)and in 142176.1 -20- good repair-, and to provid"e'for the installation of such culverts upon said Lot as may be reasonably necessary to accomplish the purposes ofthis subparagraph I. . I. Utility Services. Utility services shall, to the greatest extent possible, be installed underground and in or adjacent to public rights-of-way to minimize removal of or damage to trees. J. Wells and Septic Tanks. No water wells-shall be drilled on any of the Lots,nor shall any septic tanks or other sewage, disposal systems be installed on any of the Lots, without the approval of the Committee and of the governing public health agency or other civil authority. Section 6. Committee's Functions. A. Statement of Purposes and Powers. The Committee shall regulate the exterior design, appearance,use,.location and-maintenance of lands subject to these Restrictions, and improvements thereon,in such a manner:as to°preserve and:enhance values,to maintain a harmonious relationship among structures and the natural vegetation and topography,and to provide for the proper functioning of the storm drainage system for the Real Estate. For these purposes, the Committee may,from time to time and at-any time, make,amend and modify such rules;regulations and guidelines as it may deem necessary or desirable to guide Owners as to the terms,.conditions,procedures and requirements of the Committee for 'the submission and approval of items to, it Such rules, regulations and guidelines may, is addition, set forth additional specificationst to those set forth herein or in any subdivision plats of the Real Estae,.so long as the same are'not inconsistent with this Declaration or any such subdivision plat., Any person or entity engaged primarily in the business of the construction of single family dwellings for resale to third parties may submit house plans, including the exterior building materials which may be'used`with such house plans,_for pre-approval by the Committee (hereinafter "Pre-Approved Plans"). Notwithstanding lanything herein to the contrary, dwellings constructed pursuant to Pre=Approved Plans need.no additional.approvals from the Committee. (1) Generally.No,dwelling,building,structure or other improvement of any type or kind shall be constructed,placed, repaired,remodeled,.reconstructed,or altered on any Lot,nor shall any work be done on any Lot which alters or changes the grade or elevation_thereof, without the prior approval of the Committee.Unless construction is to be done pursuant to Pre-Approved Plans, such approval shall be obtained only after written application has been made to the Committee by the Owner of the'Lot requesting authorization from the.Committee. Such written application shall be made in the manner and form .prescribed from time to time by the Committee, and shall be accompanied by two(2),completesets of plans and specifications for any such proposed construction, improvement and other,work.. Such.plans shall include plot(site)plans showing the location of all improvements existing upon the Lot and the location of the improvement proposed to be constructed, placed, repaired„ remodeled, reconstructed or altered upon the ,Lot, each properly and clearly designated.. Such plans and specifications shall set forth the color and composition of all exterior materials proposed to be used and any proposed(and existing)landscaping, together with any other material or-information which the Committee may require. All building plans and drawings required to be submitted to the Committee shall be drawn to a scale of 1/4"—V and all plot plans shall be 142178.1 -21 - pursuant to the terms of this Declaration, the By-Laws or otherwise:shall be deemed effectively given if mailed .fo such Mortgagee at the addiess shown in such record` in the tim.e provided. Unless � notification of any such mortgage and the name and address of Mortgagee are. furnished to the Secretary, either by'the Owner or the Mortgagee,no notice°to any Mortgagee as may be otherwise requirecl.by this Declazation,the By-Laws or otherwise shall be requised and no Mortgagee shall be entided to vote on:any matter to which he-otherwise may be entided'by yirtue of this Declaration, the By-Laws, a proxy granted'to such Mortgagee in connection with the mortgage, or otherwise. The Corporation shall,upon reguest of a Mortgagee who has fumi5hed.the Corporaiion with its name and address as herein above provided,furni5h such Mortgagee with written notice of any default in the performance by its borrower of any obligations of such borrower under ttus Declaration or the By- Laws which is not cured within sixty(60jdays. � - ecti n 2. �lotice of.Unpaid Assessments. The Corporation shall; upon request of a Mortgagee,a proposed mortgagee,or a proposed purchaser who has a contractual right to purchase = a Lot, furnish to such Mortgagee.br purch�ser a statement 5etting forth the amounf of the unpaid Regular Assessments or Special Assessments or other charges against the Lot,which statement shall be binding upon the Corpor"ation and.the Owners, and,any Mortgagee or grantee of the Lot shall not . be liable for nor shali the Lot conveyed be subject fo a lien for any unpaid Assessments or charges in excess of the amounts set forth;'in such statement or as such Assessrnents may be adjusted upon adoption of the final anneial budget,as refeaed to in Section 3 of Article IX hereof. .AR:TICLE XI � ce cti - Casualty Insuzance. The Corporation shall; purchase a master casualty insurance policy affoiciing fire and extended coverage insurance insuring the Common Areas in an amount consistent with the fiill replacement value of the improvements, if any,which, in whole or in�part, comprise the Common�Areas. lf the Boazd of Directors 'can obtain 5uch coverage for a reasonable amount it may also olitain"all risk" coverage. Tlie B`oard.of Directors shall be responsible for, ceviewing at least annually the�aznount and type of such,insurance and shall purchase such additional insurance as is-necessaryto provide the insurance requiied abo�e. If deemed advisable by the Board,ttie�Board may caase such:full�replacement value to be deiermineii by a qualified appraiser. The cost of any such appraisal shall be a Common Expense. Such insurance coverage shall name the Corporation_as�the iIisured,for the benefit of each Owner(to the extent,if any,that indiYiilual Owners have an independent interest in the,prvperty covered thereby). All proceeds payable as a result of casualty losses sustained w�iich are covered by insurance�purchased by the Corporation as herein above set forth:shall°be paid to it or to the Board of Directors. In the event that the Boazd of Directors fias not=posted,,surety bonds for the faithful performance of their duties as such,Directors or if such bonds do not exceed tlie funds wluch will come into its hands, and there is damage to a part or all of the Common Areas resulti.ng in a.loss, the Board of Direcfors shall olitain and post a bond for the faithful performance of its=duties in'an amount to be determined by Board,but not less than 150%of the loss;before.the$oard shall be entitled to receive the proceeds of the insurance payable as a resutt of such loss. The sol'e:duty of the Boazd in connection with any such insurance prviceeds shall be to taz��s.t -29 - receive such proceeds as are paid and to hold the same for the purposes elsewhere stated herein, and for the benefit of the Owners. The pmeeeds shall be;used.or disbursed by trhe Corporation or the � Board, as appropriate, only in accordance with the �provisions of this Declaration. Such master casualty insurance policy, and "all risk" coverage if obtaine.d, shall (to the extent the same are obtainabie) contain provisions that the insurer (a) waives its right to subrogation as to any claim against Lhe Corporation,the Boazd•of Directors,,its agents and employees, Owners, their respective agents and guests, and,(b) waives any defense:based on the invalidity arising from the acts of the insured, and providing further, if the Board of Directors is able to obtain such insurance upon reasonable terms (i)that the insurer;shall not be�entitled to contribution against casualty insurance which may be purchased by individual_Owners, and(u) that.notwithstanding any provision t6ereof giving the insuzer an election to restore damage>in lieu of a cash settIement, such option shall not be � exercisable in the event the Corporation does not elect to restore. ecti n 2 Public Liability Insurance. The Corporation shall also purchase a master comprehensive public liability insurance policy in such amount or amounts as the,Board of Directors shall deem apprapriate from time to tirne; but in any evenf with a minimum combined� limit of $1,000,000.00 per occunence. Such comprehensive public liability insurance poIicy'shall cover all of the Common Areas; including but not limited'to any pedestrian underpasses installed by Declarant under a Hamilton Counry public right-of-way and shaU insure_the Corporation', the Board of Directors, any committee.or organ of the Corporation.or.Boazd, any Managing Agent:appointed or employed by the Corporation,aIl persons acting�or who may come to act as agents or employees of any of the foregozng with respect to the Rea1�Estate,all Owners of Lots and aIl other persons entitled to occupy any Lot or Dwelling Unit and shall list Hamilton County or its successors as additional insured on the policy if required by Hamilton County Commissioners. Such public liability+��nce policy sha1T contain a"sevezability of interest"clause or endorsement wluch shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Corporation or other Owners. cti Other �suzance. The Corporation shali also obta.in any other insurance required by law to be maintained, including but not limited to workei's compensation and occagational disease insurance,and such other insurance as the Boazd of Directors may from time to time deem necessary,�advisable or appropriate,including but not limited to,,liability insurance on vehicles owned or leased by the Corporation and off cers and directors`�Iiability policies. Such insurance coverage shall also provide for and cover cross liability claims of one insured,parry against another insured pariy. Such insurance shall innre tb the benefit of each Owner,the Corporativn, the Board of Directors and any Managing Agent acting on behalf of,the Corporation. Each Qwner shall be deemed to have delegated to the Boazd.of Direcfors liis right to adjust wifh the insurance companies all losses under the policies purchased by the Boazd of Directors the:proceeds of which aze payable to the Board or the Corgoration. ecti �ez�eral P�,ovision.�. The:premiwms for all in�,u�ce herein above described shail be paid by the Corporation as parf of the Com�mon Expenses. In no event shall any distribution o£insurance proceeds be made by the;Board of Directors directty to an Owner wheze there is a mortgagee endorsement on the certificate of insurance or insurance policy as it applies to such 142178.1 -3�- Owner's share of such proceeds. 'In such event any remittances shall be the Owner-and his Mortgagee jointly. The same method of distribution shall also apply to the distribution of any condemnation • awards in connection with any taking of:any of the Common Areas. Notwithstanding the foregoing, under no.circumstances shall any distribution of insurance proceeds or condemnation awazds be made by the Corporation to auy Owners or Mortgagees if to do so wotild be in violation,of the Act or if the same would constitute a distribution of earni.ngs, profits or pecuniary gain to the members of the Corporation; in any such,event, any such insurance proceeds or condemnation awards shall be retained by the Corporat�on�for.use in the payment of its expenses of operation. ectio �nsu�anee b,y Owners. Each Owner:shall be solely responsible for and shatl obtain such additional insurance as he deems necessary or desirable,at his own expense, affording coverage.upon his personal property,his Lot,his Dwelling Unit,the.contents of his Dwelling Unit, his,personal properly stored anywhere on the Real Estate, and for his personal liability, but alI such insurance shall contain the same provisions for waiver of subrogation as refened to in the foregoing provisions for the master:casualty insurance,policy to be obtained by the Corporation. �tTICLE�I �as_ual_�and Restoration � In tt►e event of:damage to.•or�destruction of anyof the Common.a,reas due to fire or any other casuaity or disaster,the Corporation shall promptly cause the same to be repaired and reconstructed. The proceeds of insutance,carried by the Corporation, if any,=shall be applied to the cost of such repair and reeonstruction. Ifthe�n��nce�proceeds, if any,.received b.y,the Corgorations a result of any such fire or any other casualty or disaster are not adequate to cover the cost of repair and reconstruction of the Common,Areas,or in the event there are,no insurance proceeds, the cost for restoring the damage aud repairing and recon.structing the Common P►reas so damaged or destrvyed (or the costs thereof in excess of insurance proceeds received, if any) shall be assessed by the Corporation against all_bf the Owners in equai shares: Any such amounts assessed against the Owners shall be assessed as part of the Common,Expenses and shall constitute a lien from the time of assessment as provided'herein. Eor putposes of thi.s Arficle,repair,:reconstruction and restoration shall mean cvnstruction or.rebuildi.ng the Common Areas to as near as possible the same condition as they existed immediately prior to the damage or de"struction. Immediately after a fire or other � casualty or disaster causing�damage to any properry for wfiich:the Boaazd of Directors or Corporation has the responszbility of,maintenance and.repair hereunder, the Board,shall obtain relia6le and detailed estiznates of the cost to place the damaged property in a condition as good as,that before the casualty. Such costs may include professional fees and premivans for such bonds as the Board•of � Directors desires or�deems-necessary. Enccoachments upon any'Lot wliich may be cmated as a result . of such reconstruction or repair'of any of the Common A.reas shall not`constitute a claim or basis of a proceeding or action by the Owner upon whose Lot such eneroachments exists,ptovided that such reconstruetion was either substantially in,accordance with the plans.and specifications or as the Common A:ieas were origina.Ily constructed. � iazna:i -31 - �R,TICLE XnI �Restricti9z�s. Covenants and Reg,ulations ec ' 1 Restrictions on LJse. The following covenants and restrictions on the use and enjoyment of the Lots,Dwelling Units and.Common Areas shall he in addition to any other covenants or restrictions contained herein and in any suhdivision plats or any part of tEie Real Estate heretofore or hereafter recorded,and all such covenants and restrictions aze for the mutual benefit and protection of the present and future Owners and shall run with the land and inure to the benefit of and.be enforceable by any�wner,or by the Corporation. Present or future Owners or the Corporation sfiall be entitled to injunctive relief against any violation or attempted violation of any such covenants and restrictions,and shatl,in acidition,be entitled to damages for any injuries or losses resulting from any violations thereof,but there shall be no right of reversion ar forfeiture resulting from such uiolation. These covenants and restrictions are as fo(lows: (a) All Lots and Dwelling Units$hall be used exclusively for residential purposes and for occupancy by a single family. (b) Nothirig shall be done or kept by an.Owner in any Dwelling Unit, or on any Lot, or on any of the Common Areas,which will cause an increase in the rate of insurance on ___. any Common Areas. No Owner shall permit anytivng to be done or kept in his Dwelling Unit or on his Lot which.will result in a cancellation of insurance on any patt of the Common Areas,oz which�would.be in violation of any law o or ordinance or the requirements of any insurance underwriting or rating bureau. � (c) No nuisance shall be gernutted and no waste shall be committed in any Dwelling Unit oron any Lo� (� No Owner shail cause or permit anything to be h�ng or displayed on the outside of the windows of his Dwelling Unit or placed qn the.outside walls of.any building, and no " sign, awning, canopy, shutter or radio or television antenna or other attachment or t�vng shall be affixed to or placed upon the exterior walls or roofs or any other parts of any building without the prior consent of.the Committee unless otherwise.expressly authorized herein,or in auy recorded subdivision plat,or by the rules,regulations and guidelines of the Committee. (e) No Dwelling Unit or Lot shall be used in any unlawfiil manner or in any manner whicfi might cause injury to the reputation of the subdivision developed or to be � • developed on the Real EState, or which might be a nuisance, annoyance, inconvenience or damage to other Owners and occupants of�Dwelling Units or neighboring property,�inciuding without Iimiting the generality�of the foregoing,noise by the use of any musical insfiunents, radio, television, loud speakers, electrical equipment, amplifiers or other equipment or machines or loud speakers. 142178.1 '32' .•�.^ � (� No clothes,sheets,blankets,rugs,laundry or other things shall be hurig out orexposed on,or so as to be yisible-from,a.ny part,of the Common Areas. The Common Areas � shall be kept free and clear of rubbish,debris.and other unsightly materials. (g) No industry,trade, or other commercial or religious activity, educational or otherwise; designed for profit,altruism or otherwise,shall.'be conducted�practiced or permitted on the ReaI Estate unless and except as otherwise authorized or permitted by any subdivision plats of the Real Estate. (h) All Owners and.inembers of their family,their,guests,oz.irivites,and all occupants of any Dwelling Unit or other persons entitled to use�the same and ta use and enjoy the Cornmon Areas or any part thereof,shall observe and be gvvemed by such rules and regulations as may from time to time .be promulgated and issued by the Board goveming the operation, use a.nd enjoyment of the Common Areas. �:,� {i) No Ovmer shall be allowed to plant trees, Iandscape or do any gardening in any of the � Common Areas, except with express permissian from the I3oazd. . (j) Common Areas shall be used and enjoyed.only for the purposes for wbich they are designed anci intended;and shall be used subject to the rules and.regulations frorn time � - to time adopted by the Board. Without Iim.iting the generality of the foregoing, the lakes or ponds,to be installed on the Real Estate, as shown on the Site plan, aze and will.be an integral part of the storm water drainage system serving the Reat Estate and are intended to be used for such purpose and,primarily as visual an.d aesthetic , amenities and not as recreational amenities.Accordingly,no use sball be made of such Iakes or ponds which in any way interferes with their proper functioning as part of . such stozm water drainage system. No boafing, swindming; diving, skiing or ice skating shall be,pernutted.in or on said takes or°ponds. No sewage, garbage,refuse, ' or other solicl;liquid,gaseous or other materials or items(other than storm and surface � water drainage)shall be put into said lakes or ponds except the Corporation may take steps to clear and:purify the waters thereof by the addition of chemicals or other ' substances commonly used"for such purposes'ar by°providing therein structures and equipmentto aerate the,same. Fishing from the shores of such lake o.r ponds shall be � , permitted subject;to abeyance and compliance with all applicable fislung and game laws,ord'inances,�niles and regulations. The Corporation shall be resgonsible for the maintenance of the�gonds and the'banks of the poads above the water level to the Lot lines (except for the cutEing of"grass, which will' be:the responsibility of each Lot • ovmer adjouung a pond)The maintenance costs of the ponds,and':such banks shall be , assessed as an assessment against all Lots subject to assessment as part of the C'ommon Expenses.No dock,pier,wall or othei structure may be extended into the lakes or ponds without,the written permission of the Building�Committee. -Except for such loss.or damage as may result from the act or omission ofthe Corporation or its agents in the course of maintaining the lakes or ponds and the adjoining banks, each �az��e.� -33 - Owner of a Lot abutting the lakes or ponds shall indemnify and.hold harulless ihe Corporation and each other Owner.against all ioss or damage ineurred as a result of injury to any person or�damage to any property, or as a result bf.any other cause, arising from or related to�use of,.or access to,the lakes or ponds by any person who gains access thereto from, over or across.such Owner's Lot. Declarant'shall bave no liability to any person with respectto any damage to any Lot resulting from the.lakes or ponds or the proximity of a Lot thereto , including loss or damage to any Lot resulti.ng from erosion. Nfltwithstanding anything to tt�e contrary contained herein or in the Articles or.By-Laws, including but not limited to any covenants and restrictions set forth herein or otherwise, Declarant shall have, until the Applicable Date, the right to use and maintain any Lots and Dweiling Units � owned by Declarant and other portions of the Real Estate(other than individual DweIling Units and Lots owned by Persons other than Declarant), ail of such number anii-size and at such locations as. Declarant in its sole discretion may determine,as Declarant may deem advisable or necessary in its sole discretion to�aid in the sale vf Lots.and the construction of Dwelling Units, or for the conducting of any business or activiry attendant thereto, or for the construction and inaintenance of Cocnmon Areas,.including, but not limited to,model Dwelli.ng Units,storage areas, construction yards, signs, construction offices, sales offices,management offices and business offices. Declarant 5hall have the right to relocate any or all of the same from time to time as it desires. At no time sliall any of such facilities so used or maintained by Declarant be ar become part of the Common Areas, unless so designated by Declatant,and Declarant sball have tlie right to remove tt�e:same from the:Rea1 Estate at any dme. ect' . Non-applicabilitv to Comoration. Notwithstanding anything to the contrary contained herein,the co�enants and restrictibns set forth in Section 1 of this Article XIII shall not apply to or be binding upon the Corporation in its ownership,management,administratioq operation,maintenance, repair,replacement and upkeep of the Common Areas to the extent the application thereof couid.or might hinder;delay or othenvise ativersely affect the Corporation in the performance of its duties obligations and�responsibilities as to the Common Areas. . �TI�E�Q`! � Amiez�dment'of Declazation e i Generallv, Except as otherwise proYided in this Declarati.on,atnendtnents to this Declaration shall be proposed and adopted in the following manner: (a) Notice. Notice of the subject matter of any proposed.amendment shall be included in • the notice of the meeting at which the proposed amendment.is to be considered. iazi�s.i -34 - � (6) Resolution. A resolution to adopt a proposed amendment may be proposed by the Board of Directors or Ownezs having in the aggregate af least a majority of the votes of all Owners. (c) Meeting. The resolution conceming a proposed amendcnent must be adopted by a designated vote at a�.meeting duly called and held in accordance with the provisions Of tfie By-LaWS. (d) Adoption. Any,proposed amendment to this Declarafion must be approved by a vote of not less than.seventy-five pezcent(75%)in the;,aggtegate of the votes of all0wners. I n the event.any Lot or Dwelling Utut is subject to a;first mortgage,the Mortgagee . shall be notified of the meefing and the proposed amendment in the same manner as aa'�wner�'if the Nlortgagee has given prior notice:of its mortgage interest'to the Boazd � of Directbzs'in.accordance with the provisions.hereo£ , (e) Speciat Amendmen#s, No: amenduient to ttiis Declaazation shall be adopted which changes (1}.,the applicable sbare of an Owner's liability for"the Common Expenses, or . � the rnethod qf deterrnining the same, or (Z') the provisioris of Arti'cle XI of this " Declazation with respect.:to�casualty insurance"to.be rnairttained by the Corporation, � � or(3) the provisions of Arficle XII of this Declaration with respect�to reconstruction or repair of tlie Common Areas in�the,event of fire or any other casualty or disaster, or(4)ttie provisions of:this Declaration establishing'tlie Committee and providing for its fuuctions;without,in eack and any ofsuch circumstances,t}ie unanimous approval of alI Owners�and of all Mortgagees whose'mortgage interests have been made known ` to the Boarcl qf Directors�in accbzdaiice with tbe piovisions of this Declaration. {fl Recording.Each�amendment.to the Declaratiqn shall�be executed by the,President and " Secretary of the Corporation and,shall be recorded;in the office ofthe Recorder of Hamilton'C'ounty,Iridiana,and such amendment shall not be�ome effective until so recorded. � r � ec ' 2 �endments t�Dec�arant�nlX. Notwitlistariding�the�foregoing or anything elsewhere contained`herein,ttte Declarant shall have.and.hereby reserves the right andp�wer acting alone and without the consent or approval of the Owners,the Coiporation,the Board of Directors, any Nfortgagees or,any other Person,to`amend o%suppTement this Declazation at any time-and frorn time to time:if such amendment.oi supplement is made (a) to comply. with requirements of the , Federal National Mortgage Association,the'GovernmentNational IVivrtgage Association,the Federal Hoine Loan 1Viortgage Corporation,=the Department of Housing and 'Urban Development, the Veteraris Aciministration or any ottier govemmental agency or any other public, quasi-public or private entity"wtiicfi�pelfoiins (br may in the future perform) functions similar to those currentiy perfonned by such entities, (b) to induce any of such agencies or entifies to make, purchase, sell, insure or guai�azftee�first mortgages covering Lats and Dwelling Units, (c) to bring this Declaration : into compliance-with.any statutory requirements, (d)to complywith or satisfy the requizements of , any insuraace underwriters;insurance rating bureaus or organizations which perform(or may in the tazs�s:ti -35 - -�4,� � future per£orm) functions sim.ilar to those.performed by such agencies or entities, (e) to conect clerical or typographieal errors in tYus Declaration or ariy. E�chibit hereto or any supplement or amendment thereto, or(fl to implement ttie rights and options of Declarant(or its nominee) as set forth in Section Z of Article II hereof and in Section 3 of Artic�e III hereof. In furthera.nce.of the foregoing,a power coupled with an interest is hereby zeserved by(and gzanted by each Owner to),the Declarant,to vote iin favor,of,make, or'consent to any amendments described in this Section 2 on behalf of each Owner as proxy or attomey-infant, as the case may be. Each.deed, mortgage, trust � deed, other evidence of obligation, ar other insfrument affecting a Lot or Dwelling IInit and the acceptance thereof shall be deemed io be a grant and acknawledgment of„ and a consent to the reservation af, the power to the Declazant to vote in fayor of, make, execute and record any such amendments. The right of the Declarant to act�pursuant to rights reserved or granteii under this Section 2 skiall terminate at such time as the Declarant no.longer holds or controls title to any parCor portion of the Original.Tract or the Additional Tract or any additional acquired property. ARTICI;B XV �cceptarice and$atific�tzoz� A1I present and future Owners, Mortgagees,;tenants and occupants of the Lots and Dwelling Units, and other Persons claiming by,, through or under them, shall be subject to and shall.comply with the pro�isions of this Declaration,,the Articles, the By,Laws and ttie ruies; regulations and guidelines as adopted by the Board of Directors and(to the extent of its jurisdiction)`the.Comrriittee, as each may be amended orsupplemented frvm time tq time: The acceptance of a deed of conveyazcce or the act of occupancy of any Lot or Dwelling;Unit:stiall constitute an agreement that the=provisions of tliis Declaration,the Articles;the By=Laws and rules,;regulations,and guidelines,as each may be amended or supglemented from time to time, aze accepted and ratif ed by such Owner, tenaflt or occupant,and ail such provisions shall be covenants running with the land and shall'bind any Person having at any tiine any interest or estate in a Lot or Dwelling Unit orthe Real Estate,all as though such provisions were:reeited and stipulated at lengtt�in each and every deed,conveyance,mortgagor lease ttiereof. All Persons who may own, occupy,use,enjoy or cQntro!a Lo€or Dwelling Unit or any part of the Real Estate in any manner shall be subject to this Declaration,lhe:Ardcles, the By-I:aws, . and the rules,regulations and guidelinesapplicable therefo:as each may be amended or supplemented from time,to time. .�t�'IC_LE XVI ' ece Each Owner shall be liable for the expense of any maintenance,repair or replacernent rendered necessary by his negligence or by that of any member of his family or his�or theii guests,employees, agents,invites or lessees,to the extent that such expense is notcovered by.the.proceeds of insurance carried by the Coiporation. An Owner;shall pay the amount of any increase in insurance,premiums � occasioned by his violation of anyof the Restrictions or any violation thereof by ariy member<of his . ' family or his or theu guests, employees, agents, invites or tenants. tazi�s.i - 36 - QRTICLE XV�iI . Aenefit and Enfo;ce�e�t This Declaration and tlie.Restrictions shall run with and bind the Real Estate for a term corrimencing on the�date this Declaration is recorded in the o �ffice of the Record'er of Hamilton County,;Indiana and expiring•January 1,2025,after which fime they shall be automatieally extended for suceessive'periods of ten(10)years each,unless by vote of-a,,super majority(seventy-five percent 75%or more)of the then Owners:of the;Lots it is agreed fo charige ttus Declararion oi the Restrictions in whole or in part, or to terminate the same. The failure or.delay at any time ofDeclarant, the Corporation,the Owners,the Comznittee,or any othei Person entitled to enforce this Declaration and the Restrictions,to enforce;any.of the same shall in no event be deemed'a waiver of the same,or of the right to enforce the same at ariy`tune or from time to time thereafter, or an estoppel against the enforcement thereof. [�RTICLE XVIII �V isce�laneous , ecti Costs and!Attomey�Fees. In any;proceeding arising because of failure of an Owner to make:any paynients��required bythis Declaration,the Articles or the By-Laws,or to comply with any provision of this Declaration, the Articles, the By-Laws, "or the rules, regulations and guidelines adopted pursuant thereto,;as eacli may be amended£rom tuneto time,ttie Corporation shall be entitied to recover'its costs:and reasonable attomeys'fees inctured.in connection with such default or.failure. ; ec' n '� r: No Owner may exempt_himself from liabiIity for his contribution towazd the Comman Experises by waiver of the use or enjoyment of`any of the Common Areas or by abandonment of his Lot�or D,welling;Unit. �c��, Sevez�bilx Clause. The invalidity of any covenant, restriction, eondition, limitation or other provision of, this Declaration,the Articles or the.$y-Laws sfiall not impair or affect in any m�nner the validity,.enforceability or effect of the rest of this Declazation,the ArticIes or�the By-Laws and each shall be,eriforceable to the greatest extent permitted by law. `Secpon 4• Pronouns. Any reference to the mascvline, feminine or neuter gender herein shall, unless tfie context clea=ly°requires.the contrary,be deemed to. refer`to and include al�genders. Words in the;singulaz shall include and refer to the plural, and vice versa, as appropriate. ecf` _ - : �nteLrpreta�iqn. The captions and titles of the various articIes,_sections, sub- sections, paiagraplis and subparagraphs of this Declaration are .inserteii herein 'for ease and converiience o`f reference only and shall not be used as an aid in interpreting or constrving this : Declaration or any prq�ision hereof. tazna.i -37 - A.RTZCLE xvar M'iscal�az�� . S et� ion 1. .o a n ttom �ys S. In any proceediug arising because of fail.ure of an Owner to make any�paymeAts required bythis Declaration,tiie Articles or fhe By-Laws, or to comply with any provision of this Declaration, the Articles, the By-Laws, or the rules, regulafions and guidelines adopted:pursuant thereto,as�each"may be amended from time to time, the Corporation shaIl be�entitled;:to recover its costs and reasonable attorneys'fees incurred in connection with such default or faiivre. Section 2, Waiver. No �wner may exempt himself frocn Iiability for his contribution toward the Common Exgense.s by waiver of the use or enjoyment of any of ttre Commo�.Areas or by abandonment of his Lot or Dwelling TJni� SeetiQri 3. Severabilitv Clause: The invalidity of any covenant, restriction, conditiog fimitation or other provision o�this DecIaratian,the Articles or the By-Laws shall not'iinpair or°affect in any manner the validity, enforceability or effect of Lhe re5t of this Declaration,.the Articles or the By-Laws and each shall be enforceable to the greatest extent permitted by law. i 4 r n . Any reference to the masculine, feminine or neuter gender hecein 'shall, unles5 the context clearly requi=es the contrary, be deemed to.refer to and include all�r,genders. Words in ttte singular shall include and refer to the plural, and.vice versa, as'appropriate. ,SectiL� S. Inter�retation. The captions and titles of the various articles, sections, sub- sections; paragraphs and subparagraphs of this Declaration are inserted fierein for ease and convenience vf,zeference only and shall not'be used as an aid in interpref'sng or constzuing this Declaration or any provision hereof IN WITNESS WI�REOF, SADDLE CREEK'DEVELOPMEIVT COIvlPANY, Declarant therein, has executed this Declaration on the day and year first herein above set forth � SADDI;E CREEK DEVELOPMENT C(JMPANY By: ohn J.Kennelly,President t�u�a.i -37 - Znd ��. 3� ., - STATE OF IlVDIANA ) . � . - ) SS: COUNTY OF HAMQ,TON ) Before me,-a Notary Public in and for said County and State, pezsonally appeared 7ohn J. Kennelly;the Presidern of SADDLE CItEEI�DEVEI.OPMEN'r COIVMPANY, an indiana corparatior� who acknowledged ttie ex�ecution of.t3�e;above and foregoing:instrument as his voluntary act and deed as such officer for and on behalf of said corporatioq for the'uses and purposes therein set forth. . �i :IN WTTNESS WHEREOF;I have hereunto affyced my hand and Notarial Seal this`day of ��,�r!e , 1997. My Commission.Expiie : � � � �;,� � . S �.-_ —'� N0 PUBLIC My County ofResid'eric�c �J',q;r�,'�.o/ . ��.,�e � ��G c 2� . _ Printed ,:. This instnynent was prepared. by Timothy E. 0chs, �CE MILL�ER D01�1DI0 & RXAN, One ' American Square, Bax '82001, Indianapolis, Indiana 46282; Telephone: (317) 236-2].00. . . � �ia2ne.r -3 8 - SADDLE GItEEK SUBDIVISION . LEGAL DESCRIPTION t)riginal Tract-E�hibit"A" arcel 1 A part;of the East Half'of the Southeast Quarter of 5ection 21,Township 18.North; Range 3 East in Clay Township,.Hamilton County,Indiana,more particularly described as follows: B'eginning at the Southeasf comer of said East Half;thence South 89 degrees.16,minutes 11 seconds. West along t.tie South line of said East Half SSQ,80 feet; ttienceNorth 00 degrees. 43 :minutes 49 seconds West 240.00 feet; thence North�89 degrees 16 minutes 11 seconds EaSt 2395 feet;thence North OO:degrees 43 minutes 49 seconds West 22856 feet;thence South 45 degrees 31 minutes 49 seconds West 142.56'feet; thence South 89 degzees 16 minutes 11 seconds West 309.00'feet;thence North 48 degrees 58 minutes 24 seconds West 70.41 feet; thence North 00 degrees 08 minutes 43 seconds'Wesf 764.92 feet;thence North 88 degrees 5$ minutes 07 seconds West 19.07 feet; ttience North 52 degrees 1.4 minutes 27 seconds West 165.35 feet to a curve having radius of.225.OQ;feet, the-radius point of which:bears South�52'degrees 14 minutes:27 seconds East;:ttienee:along said curve 50.61 "feet to a point which beazs North 39 degrees 21 minutes 12 seconds West:fronn said radius point;thence South 89 degrees 51 minutes 17 seconds West 227.77 feet to tlie West Iine of 5aid East Half; thence North'00 degrees 48 minutes 43�seconds West along said West line of the East Half 359.19 feet;the_nce Narth 89 degrees�1 minutes 17 seconds East 80.92 feet;thence North 77 degrees 08 minutes 27 seconds East 111A8 feet;thence.South 70 degrees 41 mi:nutes 28 seco_nds East 98.17 feet;thence South 29 degrees 50 mi.nutes 51 secbrids East 141.44 feet; thence,South 46 degrees 49 minutes 57 seconds East,55.56 feet;thence South 89°degrees 10 minutes IO seconds East 73.I2;`feet; tlience:Soutfi 58:degrees 55 minutes 57 secondsEast 1$8.53:feet;thence Svuth 31 degrees 04 minutes . 03 seconds West,9.40 feet;thence South S8 degrees 55 minutes 57 seconds East I4U,U8 feet;thence North 50 degrees 45 m.inutes 21 secands East 117.94 feet; thence South.38 degrees 52 minutes 45 seconds East 96.51 feet;thence South 35 degrees 30 minutes25 seconds,:East 96,51 feet;,tlaence South 32 degrees 08 minutes 04 seconds East 96.51 feet;thence South 28 degrees 51 minutes 08 seconds East 9�T.37 feet; thence Soutfi 25 degrees 4Q niinutes:l'9 seconds East 90.66 feet; thence:South;Zl degrees 16 minutes 23 seconds East T61.0,9 feef;tHence South 89 degrees 58 minutes 42 seconds East 198.50 feet to the East iine of said Bast:Half;thence:South 00 degrees 01 minutes 1$ seconds West along the East Iine of said East Half 845'.89 feet to the point of beginning,cantainuig 27.346 Acres, more or less. . . arc 12 A part of the East Half of the Southeast Quarter of Section 21,Township 18 Nortti, Range 3 East in Clay Township,Hamilton County,Indiana,more particularly described as follows: iazi�s.i Gommencing at the Souttieast..come_r of said East Half; thence South 89 �egrees 16 minutes 11 seconds West alang the South line of sa'id East Half SSQ.80 feet to the point af beginning;.thence � North 00 degrees 43 miriutes 49 secorids West 240.00 feet;tlience;North 89 degrees 16 minutes 17 . seconds�East 2395'feei; thence Nortti 00 degrees 43 miuufes 49 seconds VJest 228.56 feet; thence South 45 degrees 31 minutes 49 seconds West 142.56 feet;:thence-South 89 degrees 16 minutes L 1 seconds West 3'09,00 feet; thence�Nortih 48 degrees�5$ minutes 24 seconds West 74.41 feet; thence North 00 degrees 08'minutes 43 seconds VJest 764.92 feet;tfience North'88 degrees 58 minutes 07 seconds West 19:07 feet;thence Nortli 52 degrees I4 minutes 27 seconds West 165.35 feet to a curve , having radius of 225;OO.;feet,the=zadius;point of which bears South:52 degrees 14.minutes 27 seconds East; thence aiong said cuzve 50�,51 feet'to a point whic_h bears North.39 degrees 21 minutes 12 seconds West from said radius-point,'thence South 89 degrees 51•minutes T'7 seconds West227.77 feet to the West line of said:East�H�iF tfience South 00 degzees 0&minutes'43 seconds East along said West Iine of the East Half`132=3.41 feet to the Southwest corLter of'said East Half;thence North 89 �degrees 16 minutes l:l seconds;East along the South line of said East Half 798:85 feet to the point of beginning containing 14.{349 acres,more or less. �aztis.t LEGA.L DESCRIPTION � Additional Tract-Exhibit"B" A pareel of land lying within(he North:.Ha1f of Section 21, Township 18 North, Range 3 East of the Second Principal Nleridian, Clay Township,Hamilton County, Indiana,more particularly deseribed as follows: Commencing at the Squtlieast comer of the Northeast Quarter of Section 21, Township 18 North, Range:East of the Second Principal Meridian,Clay Township,Haniilton Gounty,Indiana,sa.id�orner being,ttie POINT OF BEGINNING; thence South 89 degrees l7 minutes�43.seconds West (basis of bearing is South 89.degrees 33 minutes 42 seconds West on the North line of�said,Northeast Quarter) a distance of2690.64 feet-on-the Soutti line of said.Northeast Quarter to the Southeast comer of the Northwest.Quarterof sa'►d Section Zl;thence South 89 degrees 17 minutes 24 seconds�West, 1344.70 feet on fhe South line of said Northwest Quarter to the Southwest comer of the;East Half of said Northwest'Quarter; thence North 00 degrees 29 minutes 34 seconds West, 658.82 feet on the West line of the East'Half af said Northwest Quarter,to the Northwest comer of the Squth,Half of the Soutlieast Quarter of said Northwest Quarter thence North 89 degrees 1S ininutea 29 seconds.East, 1346.84 feet on the North line of the South Half of the S outheast Quarter of said Northwest'Quarter to the Northeast comer of tile South Half of the Southeast Quarter of said Northwest Quarter; being on the'West line of said Northeast Quarter; thence North 00 degrees 18 minutes 25 seconds West, 1076 71 feet on the West line of said Northeast Quarter to a 518 inch diazneter rebar at the intersection with an existing East-West fence line,said rebaz being at the Southwest comer of the real e"state described in.Deed Book 170, page 293 in the Office �f the Recorder�of Hamilton County, Indiana;thence North 89 degrees 35 minutes 50 seconds East,2361.15 feet on said fence Iine,be'ing on the Soutfi line of the;real estate described in said Deed Book 170,page 293 an.d,(he South`line of the real estate descnbed in Deed Book 25I, page 201 to a 518 inch diameter.rebar with cap marked Wezhe Engr LS 0012"at a corner.af the real:estate described in said:Deed Book,25,l,:page 201;the following two (2) courses aze on the perimeter of the real-estate descr'tbed in said.Deed,$ook;251, page 2Q1;-1)thence South QO degrees 18 m.inutes 23 seconds,Fast, 799.74 feet to a 5,18 inch diameter rebar with c.ap marked Weihe Engr LS Q012'; 2)'lhence North 89 degrees 49 minutes. 54 seconds East,434.46 feet to a�PK nail on the East line of said Northeast Quarter,tlience South 00'degrees`OQ minutes 10 seconds West� 92035 feet on the East line of said Northeast Quarter to ttie POINT OF BEGINNING;Containing 119.32 acres of land, moce or less. Together with the following: • Beginning afi the Northeast comer of the East Half of said Southeast Quarter Section;.tiience South 00 degrees O 1 rninutes 18 seconds West 40.q0 feet;thence parallel with the Narth line of said.East Half, South 89 degrees 17 minutes 43 seconds West 328.15 feet;thence South 49 degrees 54 minutes OS seconds VJest 46.37 feet; thence South 10 degrees 30 minutes 27 seconds West 19:09 feet to a curve'having,radius of 110:00 feet,the radius point'of whieh bears North 79 degrees 29"minutes 33 � seconds West;thence Souttierly along said curve,20:09 feet to a goint which bears Sauth 69 degrees 142178.1. � ' 3 01 rn'inutes 37'seconds East from said'radius point; thence South 20:degrees 5'8 minutes 23 seconds West SO.1F2 feet to a curve liaving radins of'20.0'1-feet, the radius.point of whicfi bears South 69 degrees 01 minutes 37 seconds East;'thence Southerly-and Sautlieasterly along said�curve, 30:37 feet ' to a point`which bears.:South.23 degrees 57 minutes 24 s`econds West.fiom said radius point; thence South 66 degrees 02 minutes:36�seconds East 51.11.feet.to a ciirve havi.ng radius of 250:00 feet,the radius point of which,bears`South:23�degrees 57 minutes 24 seconds West; thence Southeasterly along said�eurve, b0, 16 feef`to a point which bears I�Torth 37 degrees 44 minutes 41 seconds East ftom said;radius poin�tlience.Soufti'37`degrees:44 minutes 4'1 seconds West 50:00 feet;thence 5outh . 23 degrees 57 minutes 24 seconds West.�l l'8.63 feet;thence South OS:degrees,57 minutes 41 seconds West 243.64 feet;tlience South 03•;degzees:15 minutes�50.seconds East:229:12.feet; thence South 08 . degrees 37 ininutes 47 seconds East 54.56 feet; thence South 45 degrees 04 minutes 23 seconds West 142.71 feet;.to a nontangent curve;having radivs of 1825.00 feet, the radius point of which bears South 44 degrees 55 m'iuutes.�37 seconds West;thence Southeasterly along said curve,36.52 feet to � a point which beers North 46 degiees 04 minutes 24 secorids East-'from said radius point; thence South 46 degrees 03�aiinutes".45 seconds West 185.00 feef;thence,South 42 degrees 15 minutes OS seconds East;96.51 feef.to;a point on the.Northerly boundary of Saddle,Greek;Section One (the next 10 courses are along tfie Northerly boundary of said Saddle Creek Section,One); (1)thence South 50 degrees 45 minutes Z l:seconds Wesf 117.94 feet; (2)'thence N.orth'S8.degzees 55 minutes 57 seconds West T40.08 feet;(3)thence North:31 degrees 04 minutes'03�secorids East 9'.40 feet; (4)thence North 58 degrees 55 minutes 57'=secorids West 188:53 feet; (5) tfience North 69 degrees 10 rninutes 10 seconds West 73.12 feet; (�,tlience North;46 degcees 49 m�inutes'S7 seconds West 55.56 feet; {7) thence North 29 de"grees 5.0 minutes 51 seconds West'141.44 feet; (8)thence North 70 degrees 4I minutes 28 sec_onds West 96:17 feet; (9);thence South 77 degrees 06 minutes�.27 seconds West 111.08 feet; (1'0)thence South 89 degrees S.l miriutes T7 seconds West 80.92 feet to the West line of the East Half of said 5outheast Quazter Section; thence along said'West Iine,NortEi 00 degrees 08 minutes 43 seconds West 948.29 feet to the North 1i.ne of said East Ha1f; thence�along said North line,North 89 degrees 17 minutes 43 seconds East'1345.31 feet to the Point of'Beginriing,containing 24.595 acres, more or less. Coinmencing at the Northeast cotner'of the East Half ofsaid Southeast Quarter Section;thence along the�East line of said Southeast Quarter Section,South 0U d'egrees,�01 minutes 1'8 seconds West 40.00 feet to:the Point of Beginning;thence continue along said East line, Soutti'00 degrees Ol minutes 18 � seconds West 174_,4.48 feet;to the,Northeasterly comer of Sadiile Creek Section One{the next seven courses are�aiong the:Northerly boundary of said Sad"dle Creek:Sectivn.One);(1).thence North 89 degrees S$minutes�42 seconds West 198.50 feet; (2)thence North 21,degrees 16:minutes'23 seconds West 1,6.1.Q9 feet; (3)tfience North 25 degrees 4U minutes 19 seconds West 90.66 feet; (4) ihence North 28 degrees S.1 minutes.08 seconds West 91.37 feet; (5)thence North 32 degrees O8 minutes 04 , seconds West 45.51 feet; (�thence North 35.degrees 30 minutes 25 seconds West 96S 1 feet: (7) thence North 3:8'degrees 52;minutes:4S seconds West 96.51 feet to a point on the.Easterly boundary of SaddTe Creed Secfion Three (the.next 1T cotuses are along the Easterly boundary of said Saddle Greek Section`Three; (I) thence North 42 degrees 15 minutes 05 seconds West 96.5>l feet; (2)thence North 46 degrees 03 minutes -5.seconds;East 185.OQ feet to a nantarigent curve having a radius of 1825.00'feet.�tlze radius p'oint�of which bears South 46 degrees 04 minufes 24 seconds West; (3) 142178�1 " thence Northwesterly along said curve,.36.52 (ee(to a point_which bears.North.:44 degrees�55 minutes 37 seconds East from�said radius point; (4)thence North`45 degrees 04 mi;nutes 23 seconds East 1.42:71 feet; (5)thence North 08 degrees 37 minutes�7 seconds West 54:56'feet; (�thence Norih- 03 degrees 15 minutes 50 seconds West 229.12 feet; (7) thence North OS degrees 57 minutes 41 seconds East 245.64 feet; (8)thence North 23,degrees.57 mi.nutes 24 seconds East 118.53 feet; (9) � thence North 37,degrees 44 minutes 41 secvnds East SQ.00 feet;to a;nontangent curve having:a radius; of 250.QO:fee�.the.radius point of which bears:�South 37 degrees 44;minufes 4 seconds Wes� (10) thence NorthwesterIy along sa'id curve:60.16 feet;to a point which bears North 23;degrees 57 minutes 24 seconds East from,said radius point; (11):thence.North 66 degrees 02 minutes 36 seconds West 51.11 feet to a curve havi.ng a radius�of 20.00 feet;.fhe radius point vf which bears North 23 degrees 57 minutes 24 seconds fiast; (12)thence�Northwesterly and Northerly along said curve 30.�7'-feet to a point which bears North 69 degrees OI minutes 37 seconds West frbm said iadius point; (13) thenee North 20 degrees 5S minutes 23 seconds=East 50.12 feet to a curve;having a radius of'1,10.00 feet the radius goint of which bearsNorth 69 degrees 01 minutes 37 seconds West; (14)thenee along said curve,20.09 feet to a point which bears.South 79 degrees.29 minutes 33,seconds East from said, radins point;(15)thence North 10 degrees 3Q minutes 27 seconds East 19.09 feet; (1�ttience North 49 degrees 54 minutes O5 seconds East 46.37 feet to a point located 40.00 feet Southerly:measured: at right angles,from the North line of the East Half of said Southeast Quarter'Section; (TZ) thence paraIlel with said North line,North 89 degrees 17 minutes 43 seconds East.328:15 feet to�the Point of Begiruiing. containing 15.018 acres,more or less._ � �azns.i • ' R FAX 6�l06/1997 9:56 PAGE 2/11 RightFAX . � � trueent ��9722317 , ,��IE\DED.1IVD REST.-�TED 97�97��317 Pd..�TCUVEV,�INTS F`ileii for Record in S:-iDDLE CREEIL SECTION ONE HAMIL70N COUNTY, INDIANA �VD';SECTION T4V0' MARY L CLARK On �76-06—T947 At ��3:�� pm. A�'IEND: DECLA �9.00 Th� un.d�rsi��d. S;�DDLE CREEIi DE�-ELOP!vlEVI'COb�lP:�NY,aa Indiana corporation (tlir "DCYCIVPCF��), bcin�iI1C O\V[1C� OL:iII Ot�[I1C IAtS„Lots i dirou�li 33�1. of'!'Soction Onr of Saddle ; Crenk ��corilin� ty IIIC�P;IdI lI1CrCUF CC(:U�L1CC{ UR OLLUE7CT �7. 1996`iLl �1C Off1�C Uf LI]C Rc�orcier uF Hamilton Countv; lniiiana as.Inscruinrnu �lo,y6�J-3(J6U("Sectiori Onc�PIaL")and all of die Lots, Lots 3�-6�, at'Sc�titin Two of`Sud�ife Creek_according to tlie Plat thereof re�orded October 17. T496 in the'Office of diC Recqrder of Ha�nilton Countv. Indiana as Instrtimenr vo.;96-�t061 ("Sc��tion T�vo � Plat'� .(S�.-tion Qnc Plat anci Sac.-tion T�vo Plat sfiall liereinaf�"r bc:refzrrcd to collzc:tircly' as thC "Plat"),hereby atncn�3s and rrstetrs thr Plat Restrictiuns dttacficci,tu the Pla[pu�uen�to thi� :lmendcd and Rrstated Plat Covenants;,Por Saddlc Creel:. Sctition EJnc and 'S�tion Two (".�ncndcci Pla[ Corrnants'): Tlirsr _:�nrn�lyd Plat C��•enants shall �uprr�dr and.,repla�e 'in its rntiret�• tl�r Plat Co�znants att�►�hcii. t� tli� Plat, and �u�lt Plat Co�-enants. «�11ich «'�rt: atta�ficd to tt�r Plat. arc _ ,_ . z��tin�uishz�i ani!��t'n�;turthrr t��r�r�r�tfc.t. Th• Drt•:1�?�,r.'tl�r ,��n:r�f ti�: rcal rst�tc ,hc�un lnd �irs�rih<d fier�in hrrzb�• �cnitic, th�t � it has 1ci.1u11:;plallc�l :�nJ�uh�li�•i�icJ: lna �lu� hrrebs la�' �tl plat•an� �ub�iviSr.�i� re:�l cstatr in � accor<ian�c «'i[li the k?lat an�i ccriiti�acr. aaa�hcd d�ertto.. Tltiis subtii�•isicro shdll bz l:no�r�n and desi�atcci;�es S�ddlr Crrrk �n add'►tiun in Hainilton'Count�•, Indiana. In addi€iun to tlir �o��cnants and restrictions l�ereinatter��t fUttlt thr real zstate des�7ibcd in tliC' Plat is also suhje�t tu �Yrtain additional coti•onants and restci�ti�as containcd in t13at crrtain Dcclar�tion of Co�•zn�nts artd Re�trictiuity ul' Srad�ilr Crerk. cc�or�ie�i �n dta 17`" .Dati• of Octob�c.. 1996. tis Instrumrnl Nu. 96U96�l�laU�y..as amencied:triii rratatz�i:bv the .-�mrndrd and Restated.Dcclaration of Covrnants and Restrictioru uf Sudiilr Crtrk; rec�rdcd'�ontemporanrou�l�' �Litli tlie;r :�rnndrd Plat Co�•rnants in , . _ the Office of fliti R�cocdcc of Hainiltoa CounCt•. Indiana(dl� "Declaratiori'): and to di�riglits,po�vers, dutiCS an�i U�]I1d311J[L��' 'Ot' 111C' S:l�l�IC; CC�t� i1�111tO�V[1CI5�_�SSOVI2I[OIL Ifll:. ��I1C "FIOti1C0�VIICIS E�ISJLTC�ldllU[l��F1R11�1G,SxJc1Ic;Crerk Builclin�Cuntrol.Cucrunittrr�tE1C�CURlII11t1C��d5 JCC FURII lil CI1C •� DCClaration. [f;therr is am• irrt�on�ilable confii�K 6erivzrn any of the co�rnants and restriciions evntainrd in lhis;:�imrnded.Pld� Covcnant� anei 1l�e.Plat, anJ any, uf.thC �ovenant� anJ restrictior� containzd in tltc Dri;taration,tht�ontli..-ting covtnant or r�striction,contained in diis tamcndrd Plat Covenants an�i tlie Plut shull'gov�m and conuol to the r:ctrnt'only of:thC irrr�:on�rilablC canfli��t, it , bCing the intrnt.henrof'fliat alI such�o�enants and restricfions shall be'applicabte to said real estatC to tha �eatast-c��nt`possiblc. .�111 of thc t�ns, provisions; covenants;:condiCions and rrsu-i�Kions containad in thr Dr�luration arc �SC�Cb1' lIl(:U[pUI'iILC(� F1CiC1I1 br�° refcrcn�-e.: In orcier to pro�•i�lC - adtquatC `protCCtion to all persrnt and fururr ownrrs of locs 'in this .subdivision, the fvllo�vin� � co�enunCs. ,resti•ictioac.and liiriicutiom. in �clditiun tu thuse ser Fnetl� in thr:Dcclaraiivn: are li�reb�• " 't.mposcd, upon an.l�iilll..run«�ith tl�r lan�i includrd in tliis sub�iivisiun and stiall'be bindin� upon di� Drvclii�cr ind�n:�•on.�c �maimc:�nvnin,�m•part vr porti�n ot'�u�h land. ;1,, `1'lir ri.�ln:-�t?��ay:ot:all ;trcct,aa siio��n on thc��ithin pl:�t. it`not hCrctotorr dcdicated. ace hrrrby Jccii�ateJ to`tlie pul�tic:; )R FAX 6/06/1957 9:56 PAGE 3/11 RightFAX • � 2. Tlizra are strips and araas of�round as slio�vn on d�C witlun plat mar�:zd or rcttrrad ' CU as: (i} "Drsina�;r E�scinents".>r"D.E.";.and:L, . (iij "Litilit�• E:�xm�nts"`or"L�:E.".and as (iii j "L�kz \•Isinlcn�n�=E:�;ecncnts"or"L.�[:E.",an�i:ss (iv) "Lanc.Ls�apin�E3s�zncnrs",or"I:.S.E:",and�., (v) "N.on.�c�:�ss E:jstmcnts"or"N.�E.",and as (Yi) "Cuuntv Lanclsuupc&'Lrtil'tty Easrmcnl°,or'"C.L.&U.E.''.and�a�. (vii) "Pedtstrian Purkwav E�seinrnts"or"P.P:E."and'as (viii) "Rzaryacd L:inds�apc Easrmrnts"or"RL.E:"and:is (is) "IntCmal Sidc�yatk S�stcm Easeznenu" or "I.S,S.E.'s";aitlier separa�el�•� oe in . combii�atioa ot�tlic�inc. r1I1 0£ thr fUic�YUitiu� Ea�cliiCRls at1cJ [Ilr strip5 anci: aree� of �vund at�'cx:ted t[ierebv arC hCre6y subjr�trd to tastmCnt�: �t�hi�h art IterChv Created and resetv�d. for the use of fli�'. public uti(ity � companics. �o�'erruncn�a! �t�`CT1CiCS, IIIC DGVCIUpCf. I�7C Hotnzownets,�sso�i'ation and otlicrs, as follo�vs: (A) "Draina�c Ea�rmrnts",;or "D,E.'s", � �zrated iu prvviJc paQ�+ and �oursc� ancl a systein for, nstural sres snd''loral s2orm dcaina�e, citlicr ovtrland or in appropriatr uadrr�ruun�i ia+c:iUafions, to srrvn thn nreJs of this and a�jbinin� ��uncl :ancUur publi�draina�a'syst�m, dnd the o��•n�rs'of fou are and sh�ll bt rcquircd to i:zep tlien natural drainuge fr�ut u6structions.�vh�tlirr tl�rv be stru�,tuns or plunt matrriaL so � tliat die flo��of�vatcr be ununpeded: (B) "L`tilt��' E:ssetrtctzu".or"L'.E:'s".drr�n3cC�!lur ttir usC uf all publi�:u►iti�y coinpanies. in.lusin�;.ahl: tCl�visiun :ompanirs, but nut including transportation'�otnpanies for tlir i►utul;ati�n an�inuiiztrn�n�r ufun�er�oun�inain�. du��ts:dt�aim, lin_"e�: wiras and _ utlicr utilitti' installaR�ms T�rthc purposc ot�Furnislun� utilif�• srrvi��: no�permanrnt stcu�turc:5 (cx.Cpt �vall:. fences, dri��cwavs 3nd �yall:s. to;tlie et-tcnt pennirted lier�by or bv tlir Dc;:lar��ibn):�rrt�b�erei:crd urmain�aincd upon said litilil�E�einrnts: (C} `"Lul:r I�Iuuucnan�Y Easa�nCnts", or"L1�I:E.'i', SC� LTC'dLCCl FUC LIIC LL1C Uf DCVCIUpCC and tf�c Hotnro�rnrrs :�ssociation for the instaltation, consfrucEion and maintrnancc of lakes or ponds as part of t1iC dzaina$c svstrm serving this subtiivision and shall constitute Dr3inage, Easeinznfs `iri their entir�ry•: in addition, Laice Nlsintcnanre Ensainrnts, an� all instaliaiions d�Crcin, siiall constitute "Cotzunon i1i'ea" as detinCd � an�i trferrcd to in'Wc Drcleralion: {D) "Lands�apin�; Eusemtnts", oc "L.S.E.'s";, a!'C L'fCfftd[J aIId I'CScSfVCd fOC SIIC USC Uf�1C Dcvrloper and:tl�e Hocri�ownrrs�ssociations for tJie installaiioti:maintenance, repair an�i rCplacr�nrnt of.�nuunds,lardscapin�and oWCC plan[material (including; widiout limitntioc�trers,�hiub.�, otlirr plantia�, walla tsnd fcac�),stre�t,.si�,or dire<:tvric�, sculptures, wori:s af ar�.fouritains, entry ways. iandscape irrigatio�.systcros, accrnt ligliting systems, subdi��ision idrntification si�a and othcr itrms: sucft Landscapin� _� . ' R FAX 6/06/1997 9:56 PAGE 4/11 RightFAX ' Easrmcncs;�1:lII �U[15L1(LL[C C35Ci1'(CI1I5. OVCr, I1pOR�1d',3c.TO5S II1C �OtS 3.�CCiCd�ICrCIJ�' a.s �husvn on�tlir:willun plat; e:c�cp�a.�instaqed an�i'maintainr,�i by DCVeloper and thC Homeo�vners .�ssa;iation, no prrmanant or othcc struc.-utccs, incfudin�.fCnces or walls, or additiunul limciscaping sl�all br arec[ed :or .maintaincd on said Landscaping Easemc�ics, and thC o��ners of said lots affzceed dierebv shall not do or pe�nit to 6e , done anvthin� -whi�ii �vill o6suvct or int�ttere witli any installations.inadz by, tlie Developeis or tlie Hoineo«�ners_�ssociation iri said Landscapin�Easernents; (E) "N.on=:a�cess E:LVCnnents", or "N.�.E.'s", arr L7CSLCCI W p(Yl'IUI�C accrss from cGrtain � of thr,lots ovrrthc portians thcrcof to d�t abutting suc�t riglit-ot=ti�•at'adjacrnt tl�c�cto as�indi�atzd un tlte�vitliin plat:and (Fj "C.�unti�� I;,c�n�l,:•:�,pr g t:tilit�� Easzmcnt", qr C;-L.& L''.E.'s art �reatrd :uzii resen-ed l�r tl�r,�usr �i�lil�publi: utilin uompdnies, inulu�lin�aablc tclrvisiun �ompunies. but not' intlu'Sin� trarup»r[:►tion companics. tior tS�r irutalYaiiim and maintrnarn:c of underuruuns irt:►iiu.iiu:L1.�f1II1J. II17tS. �L'lfCS il[IU JIIICT'UIIIII��$CT�%lG:CS:tl]1J C:LSCIIICLIC is alsc> crea�"i anc! res�n•�d for us� of the DC�CIUpCf and tlic Huine�tvnzrs rlssociatioq t��r dic install�tion, maintcnan��e_ czpair aiid rrpla�:rmCnt.af tlo�rCr,; and � grvunJ ��vrr in�fuciin��: nu �tru�ture�, trres. C:u?ti mc�uncls: Fcn�cs uc cicirc�va�•s ace to br err�ted or ma;ntaintd upon said C:L.& L.E.'s: �-uch C:L. & t.E.'� sliall �onalitutc c�,rmcnu v�•rr, uncler, upun ana d�ros� tlir`luts afTc�:CCd illerrbv as sl�o«�n on d�e platr zxxpt as installzd and maintaintd bv Develuprr and the Homro��'nCrs tlssociation.'n�sttvcture�. inciuding fence�and wullx oradditional lands�aping sliatl . br ar��te�3 or.inainiained on said C.L. & t�:E:'s, and the o�sners of said lots a$�cted flierebv shall not do or is�czrttr� ��itll anv installat'tons�nadt by tlie Dc�eloper.L'tiiit� Cumpanic�or ilir Fiomro�vness.�suuidtiun in�xid C.L.•&L".E.'s. (G) "Prdr�trian Park�ti'a}' Easctnrncs". or "P.P.E. 's"' an ��reated ;and c�ervCd for thC Homeoti�7n� :�sso�iation. its mcmbers, west. and in�ites, for and onlv for prdtstrians,�vlucli inay in�l'udt tlia use ot�non-[notorizcd mod�s oftransportation�ucli ; as bi�yulr"s. roller skate�, suollrts, skatCb�a�cls, tri�4•�Ir.r' oT �Iulclrrn's wa�ons. - Mopecls, .go=carts and motunzed scouters arc stricth' prohibitcd 'Tlir Sx3dle Crccl: Huincua•ncr�:.-�,so�i�ti�n licrzb�•�an�i a, it,�uc�l.Qic gCncrdl publi�. tu fulI use of d�r�c Pcd�strian Parl:wa�• l:a..zmrnts For tiicir cnji�ymenc.aa rtwlated by d�c rul�and rc�ulacii5iu s� 3�t ti»�h fr��►n ti►nc to timr b�� tlir B�ard of DirCCtocs of dir Suddle � Cr��E�HU1711'O�t'11�iS,�5i��C1:111UII: (Hj "Rcsr�•ac;l L:in�l.i�ipc E:�ctncnts" ur "R.Y'.E.'�" arti �vealecl `anJ rrsCrvcd. fur th� Urveluper'Poc tiir installs[ion. repair and repiacetnCni of mounds. lanciscapins and otlirr plant mutrri�l (includina� withuut limitation trers. shrubs and othcr pinntinQ.,.$); �es�ept:f�r a poRion of tliz homr to be coastru�Ked on I:ot 3�; which anaoac(unrnt � 3113�I b�C'�3ppfUtiCd'by DC�'CIOpCC. f��CS, wall:s, patios, por�tias,:decks, and additional lanils�apin�: in�terial antl gardens. to tI1C C.KICIII pcnnittc�i ,hCrrby' or by thC Dc�laratinn. no peRnanent structures art to bc cr��ted or .mainta.ined up�n said Rrari��ard Ea�emcnV:and , -�- R FAX 6/06/1997 9:56 PAGE 5/11 RightFAX . (I) "Inlornul SiJrwulk S�•;tetn;Ea�rmrrtl�" yr"I.S.S.E'�" dCC�TC3LCLI 3I71�CCJCPiCtl tUl'II1C Saddlz Cctxl: f-tomrotiti•ntrs .�ssociation for d�p installation, maintCnaiu:p:,rcpair and rrplacerrirnt of sidrwall:s;for d�C common use and enjoym�nt of its tnr�nbets, guests, and invites. Por and onl}•for a.pCdrstrian walktvay in this addition a.nd ot(icr additions . of Saddle GrzCk:subdivision.and shall be axclusi�'alv managcd by thc Saddlr Creek H�meownrrs r155oC1aI10�1; S110E1 Intzfnal Sidrwalk Svstem Easement constitufe caszmcnts. ovar, llQ0❑ 3IICt 3c.7053 LIIC LOfS 3�CCLC(� fI1CfCbV 3S SIlO�Yfl O(1 tIIC W1L�21f1 PI:3l; CXL'CF7� 3S 1TI,ISIICt{ dRCI maintainrd by II]C DGVC1UPCi �dAll LE1C .HULI1CUWpCIS ,�lssociation. nu permsncnt o� other swc�rrs or lands�:apin� shall br areoted or ' cnaintained un said [nternal Side�vall; S�•strm Eascments. and. o�vners of said lots , af#evtcd tt�ereb�• shall not do or prmvt to be done an�t[ung whicli �vill obstruct or intzrtzre witti any installations or usa bt• tlie D�veloprr or tl�a Homcowners tL�so��iution in saicl Inlrmxl Si�fewal�S4stctn Easemcn� Thc o�vqers uf all lots in this subdicision sl�all take and hold title to tlicir iuts subject to all of thC fongoim, E3semenu.to thc ri;lits of th�publi�utilit�• companirs. �o�•ectun�ntal agrnties, cl�c Dt\'tIU�7CC, iI1C H�1IRC0�}�RCfS .��K�C131111❑ :ifllj U[I1CIti II1CrC1R (��iiicfi ci�aht� �l�u in�lu�le �lic rizlil o!ins�c�� 3n�1 :�ra, in 31un�. y�7o� an�l �t�ruu�ki.�i�l E:�cincnv), ru Uir • jurisdicti�in��t the pr��cr�urh:�ritic�and w thc c��.-ment:hrcein�-�nte�i snd resCn'ed. :�. "!'iuilJin_: Sctha�l: I..in:�',:ainetimr, n��te�i hrrein as "13.S.L.")arr ficrrb�`cstabJished � as sliuwn un tl�is pl��. brrncen tir•hirlr lin�� 1[1t� lI1C pTOPtfi1' IlIICJ Jf [IIC IUfS clysrst thcreto sliall'br ercrt�d or inaintsin��l n�buillin�or stru.;tur�. =1, U;tic�� and cs�ept to thr e:ctrnt:ythrnvlSC(IC31�]d1C(�t7Y LL1C DC�'CIUpCI'.1iI1 IULS !Il�L1Lti Subdivision shall br used sole{v tbr rtsiclmtial purposts, unlcss alternativ.a uscs, such.as Pcnrittcd home occupufi�n�, a;q c�nsentrd to bt• t�zr 'Homro��nats .�.s.vo�.-infion and are prnnittCd :undCr app[icable aonin� laws. \u struu[ur�.slisll be ere�ted, altzre�pla�ed or prnnitted to rcmain on xnv resid�ntial lot hcrcin, utticr tlian onc,�ieta�liad sin�l�-tamil�• d«•cllin�. an attacl�rd pm'ate,gara�c tbr nyt lcss thaa two�ars,and rrsidrnlial,.amrnilic�s xcc:esti�r�•{hrtrto. No porti�n of.dny iot.maybC�ld • or subdi�•ided so Uiat thrrc tvill br thercby��rcatcd a �cater numbrr of[ots than th+c ori�nal numbcr pl�ttCd, 5. Tl�o finished nnd Ii��eablc gound;#loor of each d��elling constructCd on a loL ex�Iu�iVC of porches, terra��s, gara�es, accessorv buildin�and basetnrnts, shall not:bc Icss than 2,400 square fCCL lIi LI1d CaSZ Ot'one-�-tory stru�Kurz, nor l�tl�an I,000 squarc fe�t in tl»case ofa multipk story' structure, proyidqd no struc�urr of murC than unc stoc�: yiiall have Ic�,ilian xn as,,tsg�gate of Z,100 Square_fczt of 6nished and lit•eablC flobr ace� 6. Nu �ron�trurtic�n v�lii�l�s,.�fixcks or outliuuses �hall b� trcct�d'or situxt�d un am• lot hercin, CX�Crl1 fOC U�C b�• a buildcr �furin� tht c�nstru�ti�n ot':� proprr stru�turc. wlii�h builder's tempur:�r��uunslructi��n�tru.:ture�hall be prvmpll��rcmo��c�l up.m�oinplr�iun uf t1iC pruper stru�ture. -4- • R FAX 6/06/'1997 9:56 PAGE 6/11 RightFAX '1, t1ll mcitor�eluc.les belon�ins to:memb�rs of:a household:s[�all Uave pzrmancnt:parl:in� spd�ns in,�ara�rs or iicivC«�a��s and nu disable�l vqhiulr shdll bc upCnlr sturc�l un anr• resi�lrn�iu( lut or parkcd ot'Cmight t�n am' strcet'in'thr suhdiLision. .also_ no;tru�k (Cxcrpt pi�k-up txucl:s). boaL trailzr. �ainprc�, or invtur hu�ne uf an�� kind �includin�, but nut in li�nitutiun tllcrcot: l�uusr trailers. ua�nper truilcrs. or boat trailers)shaU br kcpt or purk�d upcirt �aiii'lof ez�-rpt if krpt fro�n view�F . nCi��borin��re.i�lrn�cs anJ�[r�:ts by bcin,in a_ara�c. 8. No adz•ertisin,.si�ns(t_�crPt anc,dot'nor in�rz tl»n sis(6j squ:ua f�t �irsigiating"For Rcnt" oc "F�r Salc" ptr lul)_ :billbudr�s:_urui�Iitiv ybjrcts ur:nuisan�� shall lir crcctCiL_plaurd ur prnnittCd to rrmsin �n an�^lu� t�crp[lots uscd as modrl lots b�'an'o«'ner�vhich thcn o�vns hvo or mare lots. 9. :�,11 qlotlies liaes;equipinrnt,garbage �ans, strvioe v3rds, wooa pilts or stor3aC pilcs shnll be kcpt l�uin vir�v ol'nci�� Hurin� rc�idrncc�s ancl'�trrcts. �+11 rubbish, trasl� ur �afba�e ��ored outsidz an�� cC�i�icsiLC �hall no�bc a(io�veii�o accuenulatc thcreon. .�11��1ot11c� [ines slzall be �ontincd to p�tio arcu�. 10. It shalf be tlic�dun�oftlic��vnzr oFeac(i lot idthr subdivision to.kecp t1iC�rass on Ius, lyt properl�' �ut �nd w I:erp.�lte lut lfee uf«rr� an�! trasl3 an�l od�crsvise nCal an�l aftravtiva in appzae3n�c, inclu3in�:«'idi�ut;liinitation.il�r:Froper,inainttnanct uftliz-C�7trior ot'any'•stcu�turrs on yuuh lol. In �l�r even�tt�C:u�rnre oEam'!��fdiIs w do so in a manner sdtisFx�;Ccirv ly thc Humqotvncrs Assooiation, thr Homcot�reis .�.isocia[ion shall havC d�r �gitt (but not:thc ob(igation) through its agents and crriplo��s.to znter�upon said l�r«and to rep�ir.maintain;and rcstorc U1�lot and 2h�e:Rc~nor ' of tlte uTtpro��mcnts'zr��ted diereoa TI�z cost of such eaterioi maint��iance slialY be and constitute a spCC:ial a�se.ssinent a7aicL�t �ucli lot ;,n�l oa•ner therCOt: to br assrssad_ �ollccttd and antorcCd �s � pru�•idrei in thc Dcclarstiun. 11. Tlir Hoinzu��neta.�ss.x:iatiun ma�' mu�:r aa�win2nts to cot•tr sn�' costs in�ucrrd in enforcin� th�s� CUVCililIllS OF �in un�l�R:l�lll� ant' tinainc��nanc� or odirr 2CIIVLIS' W�llC�l 15 i�IC CCSPV[151F�II IT\''Jt II1C'HUIi7GJ,��'1�CTS':��J�1:lI►uR J�Ot�3 IO1�J��t1tt I1CCCl1I1dGf D!'U17��I1C DCL13C3L1Oi1. but ��•hi'vh �u.lt lut o��ncr h.�s nv� un�lenal.en as rryu'trcd hcrruncicr ur.ur►�ler Qic DC�ldr�tioa �ny " su�h asscs�mCnt sh:�ll bC :fs;esse�l onls• against d�ose lot o�%necs whosr tailurc to compl�• with thC rCyuiremCnts �f Qie�u��anant,;firrcun�Cr an� un�ler ilic Derlarx€ion n�e�itxte�i.diC actiun tv�nf�ur�c such cotienantti ordla undcna{:ing ofthc maintznance or od�cr a�.Ki�ity: 12. No facm�ani�nals or fowl of any icind,nor douirstie:anuuals'for�ommer�:ial puiposes, sliall,bc krpt ur,prnnittcd',on,sn�•lot^or lou in tltis subdivision at:uiv'-.tunz. � ` T3. No n�xi�us. iinla�vfiil, or otltettivisc offtnsi�c act�vity".siial) 6r�rcicd out on any iot ' in tlus sub3iy'i�ion; nor sl�a(l:unytlung bt 3onC thrreon wliicli ma}'`bC:.or may be�:otne ati annoy'ance or nuisancc to tlie nc:igliborliood in'ttie opinion of fhC;D"eveloper or tlie Homeowners E'►ssoc:iaLion 1=�. Nu privalr. ur• srmi=priva�e. water yupph an�L`oc ��agC cli�pusal yystc7n_ mav bC louated upon any lot in°this suE�division t��liich is not in uompliancr witl�,rcgulations.or,pr,a:edures as providCd.b��tl�c�appli�ablc'pubticliCUltti agrncies, or odiCr�7�'il autlwritt'l�a�•in�jucis�iction. and as � �R FAX 6/06/1997 9:56 PAGE 7/lI RightFAX � , approvad by tliC Co�unitter. No�eptic tanl:.absorption firld or any odizr mctllod af se�ragc disposal `JISkLII'}JC'IUlii3LCCI��UC uocutruu�c�i un any lut ur I��v�bcreia axczpt e�,epproved bv saici l�C-nitl� autkiorily and thc Committer. I�. No construction si�a11 B� comm�nced nor shail any building, strurture or o.ther . improvatnents (inclvdin�, �vithout l'unitatioa tancrs):bC aree,�tad, pla�cd or altCrnd on any.loG in this subdivision until the buiiding plans; spcoifi�ations and plot pIan showing the lo�atian of such COC1StILlCLl04'113VC t3CC11 3ppCOVCd 35 L0 L�1C COmp3LIb111CV Of V1C S3II1C LVI�l CtISLIil�SLrL1CILIICS SIId Wl�l UltCilt°Uf I�IC�JC�U6'CIIdIILS QIl(1 Cf1USC,SCt rU[t�t ili��IC DCl:�3['dt1UI1,.bV ij1C CUII]II11LiCC: l71^dL�OC�Ll�'C WI111 the pcoce�iures For'such approvai'containCd.in tlic Declaration and all rulrs_rcwlations and�uidrlinrs adoptcd b�• tl�c Cutrunittzc. If tiit C��runittze fails to a�t upun am' plsns sub�niticd to it 'fur, its approval ��itliin a pzri��oftin�cn(I:i3aa•s from.tln submissivn datc oPthc�amc. it sliall be��m�d L►iai tlir C.>m►nine_has disapprpt�td�uch nlans: \cithCr thc Cu�TUnitte�nor an�'ot�its members:sl�all br cnliLle�l�u :�n�•coinpcns:�iiun fur srr�•ic.� perlunnca pursusnt w�his covcnanCtir in,perforrnin�:any At�iLc dutic;ur�hli�,ation,sct t��rth in tlti, 1�.�1araLic�n. 16. \�� «��ll_ luci_�� or slirub plsncin� �vliiclt ubstructs �i��i� lines arcle�atiun� b.rn��en � and � fecl ah��•z ttic �tcc�t, sliall br placed or permiacd ta remain un am' comcr !of witlun tl» trian�ul:u 3ccu 1'onncd bv thr �lrrrl propertv lin�s anJ a iinr cunnei:ting puint� 2� fdet 'ftvm the := intCrsaction of said strrrt linrs, or in diz case of a roundeci progertv comer ttotn,tlir intrrsection of tliC �trnel linc� aa�en�lr�l. Tl�e �a�nr sislit linn litnitatiuns sltall appl�' in an�-dot�witlun 10 Feet.&om thc intrrsevtion ot astrzct fine with die Cci;q of a ciri��e«�ay pa��tmcnt,or alley lint. �lo trcr shali'be permiued to re�nain�vitliin�ucli d'u•tan�es of sucii intresrctions,.ur in mCdians, unless tllc foliuge[ine is tnaintainc:d ut a ltciglit uf� tcet ur��atCr to prcvrnt obsteu�tion of suclt si�ht linrs. 17. EX�CpI lU l�lC C\'LCRI d[i\�PUCl1Ut1°Ur pUTL1U[15 U��IC�tli'dII1F15�C�y�JLC1I1 FUC�}1C�subcti�'ision are C�tablislird:�s;lc�al drains�vbject to tlic jucisdiction of tht�Iami}ton County Draina�,Board and tnaintaincd 6V i�tli�HumC��'nat�a.,,ciriatioa in.a��ordanre with tliC tenns of fhr.Dcx:laration.but subjcci to ih� �bligutions ot' tiu indi��icival lot o�vners to I:eep "Drainage Eascments" &ee of o6stnactions so fliat thc tto�c qf«�ater tvilI lx �nuttprdtci.shal! cnaintain tlie stbnn drainagC;svstem for:tlia sub�li��isiun and.Fur�u�h pu�pu;�s:shail h�.v�as casrmrnl.ovcr n(1 poRiures of the.subdir+i�iyn � uscd as part of su�h aKOrm draina7c systrm.- Such mainftnancr bti•thc Homeown�rs:�ssa:iation shall, tU ��I7C`CC1C[1C I1Cl:CS!'dlY. 1Rl'ILLiIC�.II1C►n�1(nlCR3I1�C'��Uf�dl� �LI1�CL pIPC], UPCR �ilLhcs;.pipcs;nval�a.�lakrs and lakz ban1:;. 11te�n�ts sn�1 e�ptnac.�F�u�h:inaintcnan�r ot�thr,storm drainagc 5�'st�n (incluciin� tlic I:1{�C� JI'f7U►l�Li IU�:1(ctI JI' 10 bC IJ.AIGII in'tlir L:2{�C:tIL1171CC1ilfl�t E�rtllCfil� �IIU��'I3 JIl'II1L� PILLt� sliall br asscss�d as paR oFth� ��nrra( as�css7ncnt against Ihr>o�cn�rs of all lots in this subdi�'ision as pro�•ided in ,lie Dtclar�tion. �nu su<!� �x�c�smcn�� sliall bc :c::I1CCL� b�' Ij]C lirn tor tltt sacnz _�•: pru�•icle�l in �Irc DcLlursli.�n. Suinp pump�. gr��'ity Jraim anJ uthcr druins yrrving inclividuxl � ' rcsidcnces on I.�w sliall nqt outfall nr einptv ontu grass s��'alrs �ttr'een lots;'but only into a sconn sewrr ur an unJcr�rqunel dr.�in pipc �arine�itin� to a stonn sewer, in�lucled' in tlie stunn drainugC systCfn for tlic subdic•ision: pro��iiied. lio«ever, that sump pumps, graviry drains. and,odier drains scrvin�lots wtticli ara�dja�ent to�lakz ur pond located in a L:akz V(aintanancC Easzsn�nt shown on Lhi� Plut tnay uuUall an�l.r�npty elu�c�u�i unJer�ound drain piprs ilircctly into �i�i adja�ent la1:C �r pond at a Icvc6 nut E�ighrr d�an thC nonnal pool elcvaiion of said lakc or pond. -6- � � �R FAX 6/06/1897 9:56 PAGE 8/11 RightFAX 1:�. Tl�crr ;1i111 hc stre�t IiJ�i� 1175i:lIJt[� II1fOLL�lUUT TI115 8(�d�IIOR 1RLI �thcr additions in SaJ�llc Crcck�ubJivisiun b�• Publi� Srr�'i�c In�iane an�'Ic•:L,cJ W 4h� Humcu«�ncrs.-�u�ietiun which will bc cUn;idzrrd a Cosntroci Lxpcns:. 19. Each house sliall be furnulicd with an atta�hed garage for a minimum of ttvo (Z)cars. 20. �lll houses and°;arages shall bC provided �yith hardsurfaced driv�vays, con.scru�-ted o�' concrzte matCriaLs, �vhirh shall 'br installtd by thc 'buildnr concurrently widi thr original constru�iiun uF lhe llouwc, �n�l wlii�fi shsll lx available for usr nut I�.rr Uian [I1C cI31C of initixl occupan�y'of such houst: FurtJ�cr; it slull 6r the obl'tgation;and responsibilitv of'the o�vncr of cach _ Iot to install: or causa lu's huilder to' in5tu11, sidrwall:s in aceord"ancr witlt tl�r rrquimnCnts and standard�of di�Subdivision Cuntrol Ordinan�r of CanneL Indiana alon�(and witliin die ri�ht-of-way of) all intcrior sve�ts in t[iis subdivisiun upon �v[iicli su�li o�vnCfs lot abuts (i.c._ alori� all.str�ts shutivn on lhi� plal c�tep[ 1vc:1�6[li;Slrect. 1<llst•5treeL dnS Dit�h Ruad., ��ieatlier pcmutting. yu.:h sidr�vati:s shall be in"stallzd h�•thr p�vner ur buildzr concurrentl�.•tvit}i dtr ori�inai construction ut�thc kiousC on a lot� ani3 sliall be f'ulh' cotnpletrd and aLailablc, for use not latcr tl�an fkir �tr of initi:�l oeccupancy of su�lr liczuse: I�: such side��'a11:s rannot be installCCi concurrentl�- with di� ori�ina! CO[1SLrUCIIOR Jf"tI1C I1U115C OR 1 1QI.�LLC�1:I�C\V3��3 SI131� bC II15i3IICd:15'SOOI7:1S CC350i1'3hI��practicabk i1HCC�I1C N'CiitI1CI pCL71111J>;li�li in��all:��ion. • � . Z 1. Tl�c tcant �•ac� ul'lll b��inr� must b�lun�s�apc�l��itli s�niniinuin ul'tliim E3U l�luvbs and plant� (es.:lwicr'ot'r:yuircd`ICUnt��:ud trecs)., Eu�h Ie�Ymu�i hat`C st lc:�t t��'c>(?j�ha�ir trces and : ono (1} tju�ti�rrin� trce.pianrrJ �nJ in�tsUc:l in die t'rvnt �'are� oF.uoli lut, an�i surli u�leiitiun�l trocs %L, may bc rcyuir.d b�• thc Coiriinia.c in tlti�:.►:z oi'a {ot �vich t�ynta�,e on t�vo (2) �tr��t riu}ics-ot=ticav. all �t�sucli�pecic;,snd�•�rirt��::�nii'pl3n��d:+t�u�l�lo�atiuns as nia�'6r dtsi�ca�Cd uc appro�•td b�'tlie Cominitteo. In rJili�iun, clie'l�unt'yur�ls ol`ea�h lut��hatl be,�xiiio�I or(hvdrer�r�Jrcl: il'un irris�niion is installtd;priur to,�rdin�) ttom.thc tront lot linc (or linrs)'oFtHe lot°to;tha front lir+5 of prin�ipal r�idracr'arectr�3 orr;sucii lot. :�lt�ucl�;lan�'aping shall b�installcd bv tlir-builder�roncumntly with the ori�nal consttuctiion of`dic•prin�ipal rcsiden��e on:each lot and si�aIl be instaUed not lat�r than tli� datc of'initia!occupancy of sucli resi�ience: pro�idzd.lio�vcvar;dzat if such construciion is complctcd or sucli initial uccupan��cxcur��brlwcrn�iovembCr 1 of anv vCar an�l:�far�h 31 nr�t folluwin�, tha - installation of su�h lands�aping,ma,y he dCtayzd but shall, in anV zvrnc� bc•�ompletCd not tatrr than thC fullowing 1�Ia.y lyl. All,'impryvrd (ot� shalI b� [cCpt mo�vecl, Frc� �f'weeci� and reFwc, ancl any landscaping thrrcon ,(su::h as trccs; shcubs,and bus17c5) shall,bc �C�3[ L3'fITlR1C{� and ptuncd by the ownres uf�urli(o�i, e111 uni�npro�ed";lot�silull lx l:rpt mu«�rd(ininunutn of on�e�vrry 3 w�eks)and frce of refu��on a�vCCkl'y basis by th�u�r•rn7 tlirreo� . � 2?:. I�u l�Cat putnp�: air-.:un�li�iunin� uniU. gas meters or ut�ier sunils�r vullying�truc:turcs or appurtrnancas�hall bc installed in tcont of tlte 2tont linr of thc principal rCSidzncr acr�.-ted on any ' lot, :�rcf�ite��tur�l`ar Isn�L.�:1peJ�crzeru s1�a11 br coa,-tructrd or pruviciC�w:�sfurld the afumncntioncd items from vi�w frum tli��tre�r and.froin sdjacrnt ptopertirs. ' 23: Ea�h ce�isen.c�l�ull br pn+�'i�3rd«•ith e mailbu�anJ tnailbu�,pust tu bc lumisfirJ�n� iristall'rd b)'`tl1c,'buildrr�on:urrcntlV u'ich thc original �onstructiun ot`thr prinripaf rc.iden�c on ea�h lut_ und pi�i�r t��:thr:latr iit'inirial oL:up:�nc}•of surh rc�idencr. :Vl inailho�cs �liull Ix of tlir �atnr _7. IR FAX 6/06/1997 9:56 PAGE 9/11 RightFAX „ color and �ic�i�t. in acwrdancc witlt.a st�ndard mailbox dtsi�n prrpared by thc Coirilnitter. lirileas specilic �yriricn approval is�ivcn bv tlir Committcc, no numes. desi�v or odirr um•dmCntatiun shall bz plac:ed on anv mailhoxrs c�r thcir suppqrtin�posts orstructurrs otl�rr than strect addrrss numbcrs. Z�1, Durin�. �nd at tli� .on�luwion o� d�� prriod of an�� onswction acti�•it�• un a lo� che . builder pertonnin� tiu�l� .:o��tru�tion a�11II bC rcquired to kccp his construction acti�•it�' confincd to such lu�and sl�uit k�ep all str�e�zciju��nt to such lot fr�e of mat�rial�and debri's an�i in a atean statz. �4ithqu[ fiinitin�thz tarc�oin�, �Cneral,rtqui'remrnt. a builder shalI �lt:u��tttl�adj3�ent strrru witlun t\�VC�VC�.1��11�LL[1 U1�dRV�pCL1IlC tCl{UCiI II1C�CfUf[IId(�C bV LE1C CUfI]I71lCICC U�LI1C DCVCIUPCr: 2�. Tl�c wnswccion or pl�crincnt on any lot of trnnis courts,.frnces;.walls. patius. �iccks. swimming poofs.hot tub�or li�c Faciiitizs must be appraved in writin�bv tlie Comimittee. Z6. �U CYP05C[��dLClI1IC iCLCI�'III�:tCICV151UI1, C'd(11U'Uf UIIICI dflIClljjHS �IIII:iL[C�IIl�.� ��'itliuut. limitation,satellite rc�eivin��ishrs rnessuring larger d�an 22S" in diamCtrr or tailer�tlzdn 2�i")�(iall bc allo��ed or pennittzd on thC extrrior of am��buildin�or on am•[ot. ' 27. ,�11 lzouschul�l pct; otlirn��isa pennictrd Iiercundrr s1i311 be kcpt on a [c;�h wli�n not . �yitliin tl�c uonFinrs uf tl�e loi ufttiC uuncr ol�su�li pct. O��nr�sliall be rryuircd w control their pCts so tliat tl�ev ar: nut an.i.io not becomr a nuisancr w tlic nri�J�burliopd.in�Iuding; tiviti�out Wnitatian, noi�e_pru�tuerd b�•su:li paw. O��ners arc nui w aflu�v iheir peU to rC(icv�r tli�ttisclves ollirr t[idn un LI1C IOI O��'�Cd h}'Illb U��'RCiS Jt-�LLCIl�CLS. . 2�. In addition to am•odi�r r��trictiuru applicabl�to thz same set forth lier�in no f�nuin� wal[,�.hCdgo�r�t�rub,h:,II be prnni[ted brn�•ten thc hont pruptm• line or lin�s at's lot an3 tlie tcont Buildin� Sctbu��Line� ul'�u�l► lu� �►lii:l� es�rc�i, 13 in�lie� in haigli4 cs.:ept when llir sasm�e is paR oF fhr prrimctrr lanJ.;.:�pin�,�t'thc r:sidrn�e and be�ins ��ithin four tepI �FtJtr rrsidence. E��ept as inst:�lltd anl,maintaincd b�• tlit Gr��cl�pri• ur Humcu�vncrs„-L,�ociution. no fencr�liull bc er�:tcd ur maintain�d. un or «�ithin an�� Lan�i,.apin� Eas��sn�nk Lal:� �taint�nancz Easom�nt or Intemal Sida�r•ail: S�::t.�n Ea:c�ntnt :h�n��n on thi: plat. tio tcn�z �f�m� n-pc ur l:ind m��' he ercc;ted ua s lut ��ittiyut�t[►c priur ��riucn appn��'al ul�the Cu�iuniace. «•hicli �ns�y;aclupt nacl e�t:�blis�i fierilicr ., rrquirctnrnts �nd rrstrictiqns �vith respect to fenccs, including, wilhout fimitation, limitations on the � insid(lati�n ul�-lrn�e�,.ur xnain ��pr��t 1cnr�. in �liC adjaccn�yarci of any lot abuttins� I:i6(h Strrct or 1�Lst S[rect or Uit:li Roact,or abutting any�°of�dic fal:rs oc puncis instail�d or to l� installed in any Lake I�t�zintrnanrr E:�rcnenr slzo��n on-tlir plat`or on tlitipiat oFt[ie Saddie Cteek addition, whCthcr hcretofore or hen-aftrr cecordcd 29. �111 ytru�turr� errutr�l yr pld�ed on anY lot in this subdivision�hull bc constructec�an�i . built of and with substantiall�•all naw matCrials,and no used struetures.sha(! be rrla:ated°Io or pfaced upon any suck�lut. 30. Evtry tanl: for stora�r of'tuzl tl�at is instailcd �utsidr of tlte prin�ipal residance or odiCr�ytru�lure un:�l�t�ti�ll br buried belo��t1iC surface uf thr�-�un�i. -s- � � R FAX ' 6/06/1997 9:56 PAGE �iO/11 RightFAX 3I, No 6�vnrc ot'anY lot in tltis suhdicision sl�all lia�c tt�e right to CCiII0175�3Tt 3731fLSi annCSatibn oFsxi�!lot lo tlic CiCv oCCannrL Indiana. 32. No outtiu:ddtris.;s: orbuili3ings desa�hrd Fiom thc principal rcsidence Ia;ated on a lot, shdll be Crcctcd ur maintain�d�un any lot'in dus subdivision, in�ludin��. w'ttliout(unitaiion_minibams. 33. It'the.parties l�cceio..or am•of thcm, ur their lieirs or assi�s. shall �io(ate or attempt to violatc an�' of tlip,z co��cnants, ce§trictions. provisions or�onditions hCrcin. it shal] bc lativful tor thC HumGOwncrs :�souiation.;,thc CUIIlIillCICC (as to mattcrs tur which it has respon,�ibiIity) or env other person oivnin� rrai prc>prct�'situatcci in this,subdi�•ision or in.anv•other Scc:fions of the Saddtc Greek addition'(�vhrtliCr l�rretutorc ur 4lrceafter m:ordrd} to prosecutr an��.prorredin�s at lat�•'or at ; equity against the person or p�rsons ��i��l��in� or attcmptin� [o, ci�la�c am� su�h �o��cnant zitl7�r to _ .. prevrnt liim �r tliem' t��m �l�in_,.,q: ar t.� rzco�-er �1am�Qes O[ C1iIlCf'�LLGS tor sucll VIJI3[lUfl. t�f t0 :CC(�LLI�C tI1C fCIT1UC.YI U1�:�lI'LL41UGC5,ti�cCcJ-�n��iuleiiun hrr�ut:� , 3�t. T1trsC c�s•enants m•r t.��ivn ��•itli tltc IanJ_ un� shull:hc bin�ing �n �ll purtic5 and a(1 p�rsuns �[:�imin� unJcr tlrc�n uniil Jsnuan� L 20��. ar «�lucl� time �aid co�ananrs sliall be 3LLIU1R3IIC:lII�' tSICRiICiJ t(1C:iLCCC��I�'C �JCClUdS Of Ttil �lO) Vd3fSF d�CIL.IIRICSS bk 3 rotr of a suprr mejurity (,cc�cntr•-livr•;p�r��ent 7�°�or invrr) of tlia tlirn u�r•nrrs uf:thC lots:in:this�ubcli�•isivn anci in O[�1C� SCCIiURS Jt��SJtjC�IC C.fGC� :lC�d([l0[1 (L1'I1CTIICC�1CI'CSOtOCC OC'I1CGC:i�CC CCCQCdCd�� tL�.lS 3�'CCd LO � uhangn (ur ccnninat�) ;e��l �U��enanw in �v�IU�C Ur in pdrt: pr�vidCCi 11uwz�cr. thxt no C�71ti1SLC Ur terminaiion �t'saici�o�'.cnants:�liall at�cct :uty easrmcnt hcreti� ��atcd';or �rantzd unlcs5 all'prrsons entiticd=to tlin brncfi�ial use ut�'surh;�:isemrnt s1ia11 consCntlicre2o. 1'tic riglu of cnfoc�:emnnt oftlirse covenants is liereli� �antcd i:u; thr C:umzf Ciay P.San Commission. its succcssots or assi�iss, in addition to all o41i�t jxrsons anii paitic.li�cin7 tlsr ri�it to ant�rc�thre�amc. 3�. Invalit{ation:i�Fam'ofdittor�oing co�rnan��."p�o�•isions..restrictiyns or cooditions bp . jud�r�nrnt of��urt urdcr�hall'in no n'uv Sffr�.K am•qf tl�c othcr p.ro��isioris, wfuch shxlt remain in full force and zff�c� and ��'�r}' onL'.oP dl,:°co�•��nants, pro.visions. izstrict'sons and condiiions contained � hcrein is tierCb�•�ccIJCCL�IJ hC 1{1�tPCRtJCAI Jf.3[ld Sd��Zf3bIC tI0R1.tI1C CtSL Jf�[i]C S:illlC. _ IN 1�`I'1'\I:SS` ti�'I I1cR1:�c)1�. Dc�`elyper Has cxzcut�d,, this .�n[ndzd and Rcs-tatCd Plat Cuv�nanla.SuJJ(c Crcc1:Se�tion.One snJ Sc�tiun Tw�this 30°i'�lxr•ot'V[ar•: 199�. "DEVELOPER" S.�.DDLE CREEF:DE��ELOP�IEvC , . COIIIP.��l1'.an[ncliana�o[pura�iun � Jului J. I�ennrll�; P,resi�tcnt -9- �R FAH 6/06/1997 9:56 PAGE 11/11 RightFAX . ST�.TE OF INDL-�vrl ) l7sti�ai I�P' �SS: COUNT�c"OF ) Beforc mc. a Votan' Public in and for said'Countr,and Stato. p�rs�nally' apprare:d Joltn 1. � �CiII]CI�V'. C�lZ Przsidznt��f Saddla Ccrck Devclopmcnt Company, and a�l�no�vicdgcd d1C zsn:uuon of the fore,oin�_=Ln�n��i an�i Resfa<<d.Plst Co�'��[tant�Saildl� Cro�k: Saction One anci SCCti�n"Iwo as.sucti ut�i�rr actinQ tor snJ.un brlialP�t'�ai�i co�poration. ��'I'I'\}:SS m�•hand anil Y�tarial Scal this �i�da�'of J!!•� e ,1997. !�✓��• � � S i�xturC _- . nnted �t��+-fC !� �• Sc �91:o�4i�. �tOT.�R�' P[:�$LIC , �!y Cotnini• ion �pir�: Countv uf Rr�iiinn�o: . � ,r -�—_ ' ,�,:,b.,.J THis instrum��n� was pnpared b}• Timotliy E. O�;hs, ICE blILLER DON�DIO & 1ZY:-1N, One Atneric:an Sqt�arc. Box 82001.Indianapolis.Indiana�#6232;.Telrpl�one:(317}Z36-ZT00: ,ru,i.i � -ld- . �ieco�(t� . �StrUme.,�� k� 98�9g2 9337 _ - L� ' T .' NDNMENT'T �°AMENDED AND RE TA �- I7 O , � ,r N, F` t . - R'E 'T� , ' . N � �F SADDLE GREEK. ' . �ARMEL IND[tINA This First Amendment�To The Arnended and Restated Declaiation of'Coven s and Restrietions o Saddle Creek, Carmel,:Indiana("Amendment"), is made as�of the��ay of • � ' ._ 1;997„6y'Saddle Creek Development Company; Inc., an Indiana corporation(the "Declarant"), � � • WiTNESSETH` , W�-IEREAS;.the Declarant,is the fee:.simple owner of at ('east sev.enty-fiYe percent (75%) of the platted lots an the parcels of real estate.located in:Hamilton County, Indiana, which are more particularly descnbed;in i i '"�, attached heretv and.heceby incorporated herein by reference(hereinafter referred to, collectively, as the "Real Estace"); and _ VY�3EREAS,Declarant.executed the Declaration of Covenants and Restrictions, Saddle Creek, Carmel, Indiana on October 1_1, 1�996 (the"Original.Deciaration"), which briginal Declaration was recorded on October 17, 1996 in the 0ffice of the Recorder afHamilton County, Indiana as Insttument Number 96096444059. WF3EREAS, Decla=ant'executed the Amend'ed nd-Restated Declaration of Covenants and �� 1997 the"Restated Restrictions, Saddle Creek; _Carrriel, Indiana on v/V �v � Deciaration"}, wluch;Restated;Declaration was recorded on June `:, 199 in the Offic of the Recvrder of Hamilton County, Indiana as Instrument Number 9`7 D g°�.�� , V�IEREAS,Declarant desires to amend the Restated Declarations pursuant to this � Amendment. NOW THEREFORE,Declaranf.hereby declares that the Restated DeclaraEian is amended as follows: � 1. Article III, Section 1(d)(i) is hareby deleted. � 2. . Article VIII,.Sectiqn 3(I)(ii) is liereby deleted and rep(aced with the following: The.material.:and styte used for rear yard or sideyard fences or screening structvres � on all-I;ots shall, be ornamenta( iron or aluminum, and black in color; provided, however, that'the Committee may approve or deny; in its.sole discretion, any other " material and styl.e of fence or screening stntctures: Hidden electronic fencing is - allowed on any'�Lot. Portable or modu(ar kennel or kennel systems shall not be allowed on any Lot. 3. ArticleI,Section l(t)is hereby deleted,.and all:references to "Site Plan", including the reference contained in the Table of.Contents, is hereby deleted. 4. Except as specifically amended or modified by this Amendment, all terms, conditions, obGgations and restrictions contained in the Restated Declaration shall remain in full force and effect as prov'ided therein. 5. Cagitalized,terms in fhis Amendment shall have the,same meaning.as such terms are defined in the Restated Declaratiori, unless stated ottierwise herein. IN WITNESS WI�EREOF, Declarant has execvted this First Amendment To The Ainended and Restated DecIaration of Covenants and Restrictions;Saddle Oreek, Carmel, Indiana as af ttie date first above written. SADDLE GREEK'DEVELOFMENT CONIPANY By: _._ r , ahn J. Kennelly, President STATE OP INDIANA ) ) SS: COUNTY OF HA1�ffLTON ) Before me, a.Notacy Public�in arid:for said County and State, personally appeared John J. Kennelly, the President of SA:DDLE CREEK DEVELOPNIENT COMPANY; an, Indiana corporation„who acknowIedged the execution"of the above and foregoing instrument as.:}us;voluntary act and deeii as such off cer for and on behal€of said corporation, for the uses and'purposes therein set forth. WITNESS WI�REOE,I have hereunto affixed my hand and No:tarial Seal this��day , of , 1997. My Commission Expires: � ,� IVOTARY PUBLIC My County ofResidence: Pcl7it ;^ :''�� SHARON S.WRIfaHT � �s,��s,� ;� MY COMMIISSICIN EXPIRE5, 7-498, ' i� MY:COUNIY OF RESIDENCE IS`s MADISON �"�ai 3ti'��' This instrument was prepared by Tirnothy E. Ochs, ICE MII,LER DONADIO & RYAN, One American Square, Box 82001, Indianapolis, Indiana 45282'; Telephone: (31� 236=5952. SADDLE CREEK SUBDIVI5IQN ' LEGAL DESCRIPTION � Real Estate- Exhi6it "A"' . �arcel 1 A�part of'the East Half of the Southeast Quarter oE Section.21, Township 18 Nort�; Range 3 East �in CIay Township, Hamilton County, Indzana, more particularly�described as follows: �Beginning at the,SoutEieast cof-cmer of'said East Half;thence:South 89 degrees 16 minutes 11 seconds West.along the South:Gne of said East Half 550.80'feet; thence North OQ degrees 43 minutes 49 ;seconds West 24Q.00 feet;;ttience Nortih 89 degrees 16 minutes i 1 seconds East 2395 feet;thence North 00 degrees 43,minutes 49 seconds West 22856 feet; tEience South 45 degrees 31 minutes 49 .secands West 142;56 feet;thence 5outh$9 degrees 16 minutes 11 se_conds West 309.00:feet; thence North 48 degrees.58>miiiutes 24 second.s�JVest 70:41-feet; tlience�North 00 degrees 08 minutes 43 � ?seconds West 764'.92 feet; thence North 88 degrees 5;8 minutes.07 seconds West 19.07 feet; thence North'S2 degrees 1'4.minutes 2Z seconds West 165,35 feet to a cttrve having radius of22S.Q0 feet, the radius point of which`bears South 52 degrees 14 rninutes 27 sec,onds East; thence alan�said curve � ;50.,61 feet ta a point wliich bears North,39 degrees 2`I minutes 12�seconds West from said radius ;point; thence South 89,degrees S T,minutes 1?seconds West 227.,7�7 feet to the West line of said East Half; tfience North OQ degrees Q8 minutes 43 seconds West along said`West I�ne of t�e East Half :359.i9 feet; thence North 89 degrees 51 minutes 1Z seconds East 80:92 feet; ihence North 77 degrees 08 minutes 27 seconds East 111_08.,feet;thence South?0 degrees 4l minutes 28 seconds East 98.1-7 feet; thence So.uth 29 degrees 50 minutes 5•1 seconds East I41:44 feet; thence Sauth 46 �degrees 49 minutes 57 seconds`East 55.56 feet;thence South.89 degrees. [:0 minutes !0 seconds East � 'Z3.I2 feet; thence South, 58 degrees `55 ininutes 57 seconds �East 188.53 feet; thence South 31 degrees 04 minutes 03 seconds West 9:40 feet;thence Soufh 58�degrees 55 mincites 57 seconds East 140,08 feet; thence North 50 degrees 45 minutes 21' second"s fiast 11"7.94 feet; thence South 38 'degrees SZ minutes 45 seconds East 96.51 feet;thence South 3'S degrees 30 minutes 25 seconds East I96.51 feet;thence South 32 degrees 08 minutes 44 seconds East-96:51.feet; thence South 28 degrees ;51 minutes 08 seconds East.91;3.9 feet; thence South 25 degrees 40 minutes 19 seconds East 90.66 feet;thence Soufh 21 degrees 16 minutes,23 seconds East 16:1.09•feet; thence Souih 89 degrees 58 minutes 42 seconds East 19.8.50 feet to the East line of said..East Half;thence South 00 degrees O1 _ _. - --- . minutes I8,seconds West along the,East Gne of said East Ha1f�845.89.feet to the point of beginning, � . containing 27.346 Acres, more or less. r. 1 2 A part of the,East`Half of the.Southeast Quarter of Section 21, Township 18 Nocth, Range 3 East 'in Clay Township,�Hamilton County, Indiana, more paRicularly described as follows: 'Commencing at t}ie Southeast comer of said East Half; thence South 89 degrees 16 minutes 11 seco.nds West aIong the Soufh,line of said East Half 550.80 feet:to the:poini of beginning; thence North 00 degrees 43 minutes 49 seconds West 240.00 feet;.thence North89�degrees 16 minutes 17 secorids East 2395 feet; thence North Q0 degrees�43 rrunutes 49 seconds West 228.5�feet; thence South 45 degre�s 31 minutes 49 seconds West 142�56 feet; thence South 89 degrees 16 minutes I 1 ' seconds West 309.00 feet; thence Nvrth 48 degrees 58 minutes 24 seconds West 70.4';1 feet; thence NoRh 00 degrees 08 minutes 43 seconds West 764:92.feet; thence Narth 88 degrees S8 minutes 07 seconds West 19.07 feet; thence North 52 degrees 14 minutes 27 secoctds V�est 165.35 feet to a curve.having radius of 225.00 feet, the radius point of which bears South 52 degrees 14 minutes 27 seconds East;thence along said curye 50:61 feet.to a point which bearsNorth 39 degr.ees 21 minutes 12"seconds West;from said radius point;thence South 89 degrees 51 minutes 17 second5 West 227.77 feet to the West line of said East Half; thence South 00 degrees 08 minutes 43;seconds East along said t?Vest,line of the East Half 1323.41 feet to;the Southwest corner.of sud East HaIF thence North 89 degrees 16.minutes 11 seconds East along the South[ine of said East Half 798',85 feet to the point � of b:eginning containing 14.049`acres, more or less. 188266.2 � �i.r.. `1,:�:ii[��_:41C.i�r'FG Fiie� t�or Rec3t�d in . NA�IILTDN C�L)f1TY, I�dDIFiNA . PtARI` L CLAR+�; � On �?5—��1—;=�ri�t� At r�1 :�� pm. MAY O S 2000 Ah1EIVD DECLA �6.!�!J CROSS-REFERENCES: (1)`•Decfaration of Covenaats and Resfriction"s of Saddle Creeic; Carmel, Indiana, recorded with the Recor,der,of Hamilton County,Indiana,on the:17'm day of October, 1996, as Instrument Number^9609644059; (2)Aaiended and Restated Declaradon of'Covenants and Restrictions of Saddle Creek, Carmel,:Indiaaa, recorded wrth ttie'Recorder of Hamilton Cowrty, Indiana on the 6� day of June, 1997, as � Instrumenf Num6er,97097Z2316;(3)First Ameudmentto theAmended:und Restated:Declaration of Covenants and I2esfrictivns'of_5addle Cieek,�Caruiel;Indiana,recarded with the Recorder of Hamilton County,Indiana on the 2°d day of June, 1998, as Inshument Number 9849839337; (4) Saddle Creek Section.l Secondary Pla#, , recorded with theRecorder-of.Hamilfon County,Indiana on the°17"'day of�0 ctober,1996,,as Inst�vment Numb er 9609644060,,P.C.No.1,Slide No.728;(S�Saddle Creek Seetion 2 Secondar.y Piat,recorded with the Recorder of.Hamilton,;County;Indiana,on.the�17"'-dayof Uctober,1996,as Ipstnunent Num6er 9609G44061,P.C.1,Slide 729;(�Saddle CreekSection 3,SecondaryPlat,secorded,with the Recoirder 6f Hamilton County,Tncliana on the ZZ"d day of:Fe6ruary,1999,;as Instirument Number,9909911339,P.C.2,'Slide 227; ('n Saddle Creek Sectiou 4 Secondary Plat,recoided with the�Recorder of Hamilton Couaty,�diana on the 22°�day af February,1999,as InstrumentNumber9909911340,P.C.2,Slide228;(8)Saddle CreekSeetion'S Secondary Plat,recorded with the ' �tecorder of Hamilton Coiinty,In[Iiana on the 26�day qf.Novem6er,,1997,as Insfrument Num6er 9709750987, ' P.C.Z,SIide 51;and(9)Sadille CreekSectioa6 Secondary Plat,recorded with the Recorder of Hamiltan County, Indiaua on tl:e 1R day of Apri1;.1999,as Instrument Number 9909919786,P.C.2,Slide24S. SECOlVD AlYIEIVDMENT T0 THIE AtY�N1�ED AND ' RESTA'T`ED IIECLA,RATI�N OF C'O'VENANTS AND ' RESTRICT'�ONS'C)F SADI)LE CR1F�'K_,CA;R1V17EL,Y�T�IAI�IA Tliis second amendinent to the Amended anci`RestaEed-Declaration of Covenants and Restrictions of Saddle Creelc; Carmel, Indiana (herea.fter "Second Amendment'�;, is made this 2 l gr day of �ri� - 2000, by`DTTCH ROAD PROPERTIES; LLC, an Indiana limited liability company,successor in interest tb Saddle Creek Development Company, Inc.; WITNESSE'I�i: WI-�REAS, Saddle Creek Development Company, Tnc:; ari Indiana corpora#ion, as Declarant, executed the Declar�on of:Covenants�and Res-trictions of Sad'dle Creek„Garrnel,Indiana, on the 11`�day of Octolier, 1'996 (hereafter""Origina.l Declaration'�,w3uch Original Declararion was recorded on the 17'h day of October, I996; in ttie Office-of the Recorder of Hamilton County, Indiana, as Tnstrament Number 9b09644059; WHEREAS; Sadclle Creek Development Company, Ina., as Declarant, thereafter executed the Ameniied�and;Restated Declaiation of Co�enants and Restrictions�of Saddle Cieelc,Carmel,Indiana,on June 6,_199'7 (hereafter the`�estated:Declaration.'7, which Restated.Decl�on was recorded on the 6'�day of June; I997,in the�Q�ffice•.of:the Recorder ofHamiltan County,Indiana,as InstzumentNuuiber 97097223 T6; WHEREAS,;the;Saddle Citek Development Compa�ay, Inc., as declarant,thea executed the Eirst Amendment to the Amend`ed and Restated Declaration of Covenants and Restrictions of Saddle Creek, Cannel,Indiana,onthe T2�'day o£Septemtier; 1997(herea$er"FirstAme.ndment"�,which FirstAmendment was�recorded on the 2ad day�.of 7une, 1998,in the Office of t6e Rec�rder of Hamilton County, Indiana., as ; . InstniinenLNumber°98Q9829337; and � WHEREAS,.ttie real estaxe mor�particulariy described in what is attached her�to and incorporated herein by refeience as E�thibit"A"shall hereafter be referred ta as the "Reai Estate", WHEREAS, Ditch Road Parmers, LLC subsequently acquired portions o£the Rea! Estate and seceded to the rights of Saddle Creek Development Company, LI,C as "Declarant" in the Or�ginal Declaration,the R:estated-Declara�ion,and the First Amendment and,as such, shali'hereafter'be refezred to as Declarant. 'WF-�EREAS,�pursuant to this Second Amendment,the Declazant desires to(i)clarify that the Real Estate is;.suhject to the First Arnendment and(n)amend the Restated Declaiation. NOW,THEREFpRE,Declarant hereby declares as follows: . 1. Restated DecIaration. The Restated Declaration is hereby amended as follows: - A) Section 1 of Article IX ofthe Restaxed Declatation ishereby deleted;in its`entirety, replaced and supeiseded by the following: Section 1 Annual Accountin . Annua]1y,after.the closing of each fiscal'year of the Corporaiion and grior.:fo the date of the � annual meeting of the Corporation,next following the end of,sueh fiseal yeaz,the Board shall ca.use to be prepared and fiunisbed to each owner a financial statemenL, which staxement shall'show all receipts received and all expenses ineurred and paid cluring the Pre�g fiscal year. B) The fifth (5�} sentence in Section�2 of ArEicle IX of the.Restaxed Declararion is hereby deleted,in its eniarety,and replaced and superceded by.the foIlowing: From aad afftertbe Applicable Date,the annual budget andRegular Assessinent shall', in addition, be established to ;include the estabIishment and maintenance of a replacenient reserve:fund for capital expenditures and �replacement and repair�.of Common Areas,which replacement aad.ieserve;funds,shall..be used forthose purposes azid not for usaal and ordinary expettses of the Common Areas. ' C) Subpaiagraph I (iii) of Section 3 of Article VIII of the Restated.Declaration is hereby deleted,in its antirety,and zeplaced and superseded with the following; � No fences which. are para11e1 or substantially'paiallel to 136�' . Street, Ditch Road,;and 141�` Street may be installed in:the rear Yards of any Lots which abut 136� Sfzee� Ditch Road, or I418C Street,except by Declarant;provided,however,that the,Qwners of such Lots may connect.a side yazd fence to a fence installed by Deelarant. There£ore,tlie only fences that are permitted within any strip of ground show� on the plat as a County Landscape:anct Utility Easement are(i�fences installedby Dectarant°and (ii)side 2 yard fences installed by Owners which aze perpendicular to and connect with any fences instailed by Declarant. Eences or improvements of any nature are prohibited in the area of any Ped'estrian Parkway Easement or Internal Sidewalk System Easement.In all,events,and notwitlistanding�anything,herein to the -conttary, the only fences, decks, s�uctuzes and improvements wluch,are;permitted on_the Real Estaie are those which are either installed•by Declaiant or (i) are appro"ved by the Cornmittee and (ii)do�not impair,impede or,interrupt tha flow of drainage water. 2. Amendment The Restateii,Deciaration, as amended by the First Amendment and Second Amendment, shall remain in fuil force arid effect and shall be applicable to:the Real Estate, which Reai Estate is subject to and govemed by the Resfated Declaration,as airiended by the First Amendment and the Second Amendment. 3. Caoitaiized Tenns Gapitalized terms in=this Second Amendment shall have ttie same.meaning as such terms are defined in the Resrated Declaration,unless stafecl otherwise-herein. IN WITNE5S'WHEREOF,�Declazant.has executed th'ss,Second Arriendmentto the Amended and Restated Declaration of,Covenants and Restrictions of Saddle Creek, Carmel,.Tndiana, as of the da#e first written above. DITCH ROAD PROPERT�S, LLC;an Indiana � limited Iiabiliiy company, BY: PLATINLJM PROPERTTES, LLC, an Indiana Iimited I�ability company,member BY: c�Q ' -c.�c�G PauI Rioux,President 'r 3 STATE OF INDIANA ) ) SS: COUNTY OF 1}%Afic,z> � Before me the.undersigned,,allotary Pu6tic in and for said Couniy and`Stat.e;personally.appeared Paul Rioux,as,president ofPlatinum:Properties,'LLC,an.Indiana limited liabili�ty company,merri}ierofDitch Road Properties, LLC, an Indiana,limited liability company, and having been duly sworn, ac�owledged execution of this Second Amendment to the Amended and`'Restated DecIaration-of'Covenants; Conditions and Restricrions of Saddle Creel� Carmel, Indiana. sr �J Witness my hand and Notariai Seal`this �� day of �T�'k'/,C 2000. My Commission Expires: ��-�,_��---�`.1��%y,�� %l��0 0� Notary Public Residing in ��cr�.J County ,.,,:,��",+��..,, OFFICIAL SEAL Printed N2¢ne •zo.•'� . � .BRA55EUR �$Eq(_ : a+NofCryhi'ubllc;5tate ofJndlana � � �;� Resldent ot�Hamttton 6ou�ty '"''.'Na�At'�"'Q Mycommtsstai.F�iptres:act.tv�Zoo� Prep.ared By: Charles D.Frankenberger,NEL,SON&FR,ANI�TggRGER,302I East 98th St�eet,Suite 220,Indianapalis,Indiana 46280 -(3 T7) 844-01'06 F:w�e��aa�, � 4 Eachibit "A" , A.II'of the°real e5tate, common areas; tots, and roads Iocated,within tile following plats: - (1)Saddie Creek Section,l Secondary Pla�;recorded with the Recorder ofHamilton . C�unty, Indiana on the 17`'' day of October, T99.6;; as Instrument Number 9609644060;P.C.No, 1, Slide No.728; (2) Saddle Creek,Section 2 Secondary Plat, recorded with the.Recorder ofFIamilton County,;Tndiana on:the:I7°i day of Octaber, 1996, as Instrument Number 9644061,P.C. 1, Slide 729; (3) Saddle Creek Section 3 Secandary Plat;:recorded with the Recorder of Hamilton County, Indiana on the 22°�day ofFebruary, l9gg, as InstrumentNumber'9909911339,P.C. 2, Slide 227; (4)5addle Creek Section 4 Secondary P1at,recorded with theRecorder ofHamilton . County, Indiana on� ,the 22� da of Febru Y ary, I994, as' Instrument Number 99099�11340,,P.C.2;Slide 228;{Sj Saddle Creek Section 5 Secondary Plat,recorded ' with the Recoi-der of$amilton County,Indiana on the 26Ea d'ay of November,�1997, as Instrument Number 97Q9750987,P.C.2, S1ide 51;,.and{6)Saddle Greek Section 6 Seconda.ryPla��record"edwiththeRecorderofHarnilton County,Indianaonthe la= day af April, 1999,:as`InstrumentNumber 990991`9786, P.C. 2, Stide 245. . � - .F:1u..nn;m.�ama,rmcl4mm:ai++x{C�mu�laoa G'ROSS-REFERENCES: (1) Declaration o�'Covenants and Restrictions of Saddle Creek, Carmel,Indiana,recorded wifh the R'ecorder of Hamilton Cbunty;Iaciiana,�on the 17"' dap of Octobec,1996,asInstrumentPTnmber9609644059;(2):Amended and Resrtated Ilecdaration � of Covenants ae�d Res�rictions of Saddle Creek,Carmel,;Zndiana,recorded�vitb the.itecvrder of Hamilton Couaty, �ndiana on the b"' day� of June, 1997, as Instramtnt Number 970972231b; (3)�'irst Amendment to theAmended and Restated Declaration of`Covenants and Restrictians af Saddte Creek,Carmel,Indiana,recorded with tbe:Recorder ofHam�ton CounQy,Iaidaaima �n tbe 2°d da� of J�ne, 199�, as�ms�r�nYmen$Ttu�ub�r 9�09$2933'7. . � �c7i�i r?�t�43�26 F'iled fot� Record in � DECLAIt�TgON HAM3L70IV COI:JtVTY, I1V➢IANR MARY L CLARK QF U7-13=c�U1 U3i!:27 pm. EXP�INSION �ISe - 1�.t�c� This Declaration of Expa�si4n is.made the `��' day of July, 20001,,by Ditch Road Properties, LLC {'Declai-ant") the "developer of the resid�nfiial subdivision in Clay Township, Hamilton County,Tndiana known as Saddle Cre.�k: WITNESSETH: WI�ERL'AS,tlie Declaration of Covenants and Rest�ictions of 5adclle Creek was recorded on October I7,:1996 in the O�ce of the Recorder of Hamilton County, Indiana, as Instrumetrt � Number 96Q96444059 ("Original Declaration"). VVIiEREAS,the Amended andRestated-Declaration ofCovenants andRestr'ictions ofSaddle Creek was recorded on June 6, 1997 in tlie Office�of�the Recor.der ofHamilton County,Iadiana as Iustrument Number 9709722316("Restated Declaration"). • tiYHEREAS,theFirst Amendmenfto theResfafed Declarationwas recorded°on June 2,�.1998 in the Offce ofthe Recorder of Hamilton County, Indiana, as Instrument 1Vumber 980982933:7. �V.HEItEAS, Decla#�ant is the successor i�interesf xo the rig�ts, duties and ob�igations of Saddle Creed Development Co.,Ina as the Declarant under the Rest�ted:Declaration: � �EREAS, Declarant is the fee.simple owner of the real est�te in Hamilton County, Indiana, and described in E�ibit "A" (Additional Rea!Estate). , WHEREAS, Declarant is desirous of expanding Saddle Creek by the addition of the Additional Real Estate and�provided for two(2)additional sections,Saddle Creek-Section 11,and Saddle Creek, Section 12. : � NOW TT-�REFORE,Declarant hereby declares that the Additional Real Estate..is a�d shall be annexed to and become a part of Saddle .Creek' and 5hall be he]d transferred, conveyed, hypothecated, encumbered, leased, rented , used; improved and occupied, ,subject to the terms, conditions and restrictions ofthe Restated Declaration, as amended from time fo time. , . _ �,� �° iN.WI'TNESS WHEREOF„DitchRbadProperties,LLG,Declarant herein has:executed this Declaration of Expansion qn the d'ay and year ftrst�vritten atiove. DEC7IA�RANT: . DITCH ROAD PROPER'I`IES,LLC By� —Y�Q � .�R.{�Q�� Paul'F.Riou�,Jr.,President STATE OE`INDIANA ) . � • � �)SS: � COLTNZ'Y OF +��'t� ) :",`s Before me, a Notary Public,in,and for said Couary and State,.,person`ally appeared Paut F. Rioux,Jr.,.President ofDitch Road Progertaes,LLC,as the Declarant�Iierein;aridacknowledged the . executio�iofthe.foregoingIlleclarationofExpansionthis�`.�°da,yofJuly, 2001. _ :, My Commissiott Expires: � J: ,%- . Notary Pu c . . Residing in tL �[ Count3' ��rtJ�� °� j,L c��. . Printed.IJame This Instr�rment Prepared by;James,7 Nelson,�V'elson&Franlrenberger, 3021�98'�Street,Suite 220, Indianqpolis,IN 46280 - (317) 844-QI06 " . � F:lUeq�KeOyV'�mN�DitehRrmdPt�ger,�au�dw,of-eapanucm wpd �. ; � ��I � IT � , LAND DESCRIPTtON Part vf the Vllest Half of ttte No s7-468 ACRE'PaRGEL 1Vorth, Range 'Thres 3 �W�t Quarter..of Seet�on Twenfy-one (21), Township �g(�teen (18) (,) East of the Second Principal i111eridian in Hamiiton County; Indiana more particularly described as foliows: Commencing at the Northvuesi comer ot said Wa1f Quatter Section and running Soyth.�pU°fl0'00°� (tFte bear�ngs o.f this•description are based on an assumed systern (n whieh the �� Quarter�Section ;tuns South pp°p0'00° WESt) on and along the West•line of`sald Half Qu West line of said Half 644.49 feet to the Potnt'ofi Beginning of fhis descriptfon; thence �er Section . North itne ot said Half Quarter Section 7350.76 feet to the Eas$►ine ihe eof,• fFienceStSot,tth 00°10'2e West on and along sald East line�of said, Half!Quarter Section1986.02 feef to the Southeast_cor�e� thereof;thence South 8g°58'23°West on and_along;the 8outh line of.sald Ha(f Quarter$edt feet to the Southwest � pn i344,58 ��er thereofi thence North o0°0.0'QO° East on and along ttie yye�t �tne af sald Haff Quarter Secfion 1�878g feet to the pofnt of 8eginning, contaiRing 6y.468 acres, more or less subject to easements, rights=`vfi"vVay� arid restr�ctions. - ; -�,`�,�� s , ��$> �� '' 'S?+?�'�S' �.. . t �' l� ��'�'�r f w, 3 �� .�It lA..+T,�� . .. _ ti c:3�r..te jZ'�� .it.. . ' . '��[2t.:� _`�" S� ?� . . ., � —T�'3,'IY.�',4. _ �±' "'F ,rf _ -s� '�: t . . . .:;:e'�:ey p �. ..'�:. � � �