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Home My WebLink About38-96.53DATE: 04 -22 -1996 TIME: 11:17 FILE: N:\1996\960324\20000\CAD\SURVEY\96324PI7 USER: quimat 21. The front yards of all homes must be landscaped with a minimum of $1,500 (wholesale cost) worth of shrubs and plants (exclusive of required front yard trees), and plans for all landscaping that will be visible from the street or visible from the shoreline of those lots adjoining any of the ponds must be submitted to and approved by the Committee. Without limiting the landscaping which may be required by the Committee, each lot must have at least three (3) trees planted and installed in the front yard of such lot, and such additional trees as may be required by the Committee in the case of a lot with frontage on two (2) street rights -of -way, all of such species and variety and planted at such locations as may be designated or approved by the Committee. In addition, the front yards and side yards of each lot shall be sodded or (hydroseeded, if an irrigation is installed prior to seeding) from the front lot line (or lines) of the lot to the rear line of principal residence erected on such lot. All such landscaping shall be installed by the builder concurrently' with the original construction of the principal residence on each lot, and shall be installed not later than the date of initial occupancy of such residence; provided, however, that if such construction is completed or such initial occupancy occurs between November 1 of any year and March 31 next following, the installation of such landscaping may be delayed but shall, in any event, be completed not later than the following May 1st. All improved lots shall be kept mowed, free of weeds and refuse, and any landscaping thereon (such as trees, shrubs and bushes) shall be kept trimmed and pruned by the owners of such lots. All unimproved lots shall be kept mowed (minimum of once every 3 weeks) and free of refuse on a weekly basis by the owner thereof. 22. No heat pumps, air- conditioning units, gas meters or other similar outlying structures or appurtenances shall be installed in front of the front line of the principal residence erected on any lot. Architectural or landscaped screens shall be constructed or provided to shield the aforementioned items from view from the street and from adjacent properties. 23. Each residence shall be provided with a mailbox and mailbox post to be furnished and installed by the builder ,concurrently with the original construction of the principal residence on each lot, and prior to the date of initial occupancy of such residence. All mailboxes sholl be of the some color and design, in accordance with a standard mailbox design prepared by the Committee. Unless specific written approval is given by the Committee, no names, designs or other ornamentation shall be placed on any mailboxes or their supporting posts or structures other than street address numbers. 24. During, and at the conclusion of, the period of any construction activity on a lot, the builder performing such construction shall be required to keep his construction activity confined to such lot and shall keep all streets adjacent to such lot free of materials and debris and in a clean state. Without limiting the foregoing general requirement, a builder shall clean such adjacent streets within twelve (12) hours of any specific request therefor made by the Committee or the Developer. 25. The construction or placement on any lot of tennis courts, fences, walls, patios, decks, swimming pools, hot tubs or like facilities must be approved in writing by the Committee. 26. No exposed satellite receiving, television, radio or other antennas (including, without limitation, satellite receiving dishes measuring larger than 28° in diameter or taller than 28 ") shall be allowed or permitted on the exterior of any building or on any lot. 27. All household pets otherwise permitted hereunder shall be kept on a leash when not within the confines of the lot of the owner of such pet. Owners shall be required to control their pets so that they are not and do not become a nuisance to the neighborhood, including, without limitation, noise produced by such pets. Owners are not to allow their pets to relieve themselves other than on the lot owned by the owners of such pets. 28. In addition to any other restrictions applicable to the some set forth herein, no fencing, wall, hedge or shrub shall be permitted between the front property line or lines of a lot and the front Building Setback Lines of such lot which exceeds 18 inches in height, except when the some is part of the perimeter landscaping of the residence and begins within four feet of the residence. Except as installed and maintained by the Developer or Homeowners Association, no fence shall be erected or maintained on or within any Landscaping Easement, Lake Maintenance Easement or Internal Sidewalk System Easement shown on this plot. No fence of any type or kind may be erected on a lot without the prior written approval of the Committee, which may adopt and establish further requirements and restrictions with respect to fences, including, without limitation, limitations on the installation of fences, or certain types of fences, in the adjacent yard of any lot abutting 136th Street or 141st Street or Ditch Road or abutting any of the lakes or ponds Installed or to be installed in any Lake Maintenance Easement shown on the plot or on the plat of the Saddle Creek addition, whether heretofore or hereafter recorded. 29. All structures erected or placed on any lot in this subdivision shall be constructed and built of and with substantially all new materials, and no used structures shall be relocated to or placed upon any such lot. 30. Every tank for storage of fuel that is installed outside of the principal residence or other structure on a lot shall be buried below the surface of the ground. 31. No owner of any lot in this subdivision shall have the right to remonstrate against annexation of said lot to the City of Carmel, Indiana. 32. No outbuildings, or buildings detached from the principal residence located on a lot, shall be erected or maintained on any lot in this subdivision, including, without limitation, miniborns. 33. If the parties hereto, or any of them, or their heirs or assigns, shall violate or aft-0 to viui ate any these covenants, restrictions, provisions or conditions herein, it shall be lawful for the Homeowners Association, the Committee (as to matters for which it has responsibility) or any other person owning real property situated in this subdivision or in any other Sections of the Saddle Creek addition (whether heretofore or hereafter recorded) to prosecute any proceedings at low or in equity against the person or persons violating or attempting to violate any such covenant, either to prevent him or them from doing so, or to recover damages or other dues for such violation, or to require the removal of structures erected on violation hereof. 34. These covenants are to run with the land, and shall be binding on all parties and all persons claiming under them until January 1, 2025, at which time said covenants shall be automatically extended for successive periods of ten (10) years each, unless by a vote of a majority of the then owners of the lots in this subdivision and In other Sections of Saddle Creek addition (whether heretofore or hereafter recorded) it is agreed to change (or terminate) said covenants in whole or in part; provided however, that no change or termination of said covenants shalt affect any easement hereby created or granted unless all persons entitled to the beneficial use of such easement shall consent hereto. The right of enforcement of these covenants is hereby granted to the Carmel Clay Plan Commission, its successors or assigns, in addition to all other persons and parties having the right to enforce the same. 35. Invalidation of any of the forgoing covenants, provisions, restrictions or conditions by judgement of court order shall in no way affect any of the other provisions, which shall remain in full force and effect, and every one of the covenants, provisions, restrictions and conditions contained herein is hereby declared to be independent of, and severable from, the rest of the some. Dated this _ —_ —_— day of ----- _- -____, 1996. By SADDLE CREEK DEVELOPEMENT COMPANY c/o Jeff Kennelly, President P.O. Box 1605 Carmel, IN 46032 (317) 846 -5233 By --Y -------------------- - - - - -- Jeff Kennnelly, President Pw*AM to Yw req wiants of hftw CaN 36-7 -4 at uq as aftmded or supPtwwntad, and an tkdnarree 06 4l y fM CWnOn Counci of the City of Carmel, 60AM thb plot .as #m opprord by the Oty of Comet as falmm Adopted fhb doy of 19_, CARIIIEL aTy PtAW coke i STATE OF INDIANA ) SS: COUNTY OF MARION ) Before me, the undersigned Notary Public in and for said County and State, personally appeared Jeff Kennnellly, President of SADDLE CREEK DEVELOPEMENT COMPANY, who acknowledged execution of the foregoing Secondary Plat for and on behalf of said Corporation. Witness my hand and Notarial Seal this - - - - -- day of — _-- - - -_ -- 1996. My Commission Expires: ------------------------------ ( ), Notary Public County of Residence: or LAND SURVEYOR Deparfmnt ci Co manMy Senicu Paul 1. C r i p e , Inc. Canal lo. 46= 7172 Graham Road Indianapolis, IN 46250 (317) 842 -6777 THIS INSTRUMENT PREPARED BY DENNIS K. SINGER, R.L.S. ##SO470, OF PAUL I CRIPE. INC. SHEET 8 OF 8 cenni r rRFFV C1=(TInN nNF P.I.C. #960324 -20000 w It i w y w