141st - Towne - Carlson Corners Easements, RestrictionsDECLARATION OF EASEMENTS, RESTRICTIONS AND
COVENANTS OF CARLSON CORNER
THIS DECLARATION OF EASEMENTS, REST ICTIONS AND COVENANTS OF CARLSON
CORNER (hereinafter "Declaration made as of the day of (hA7 ,2 002 2 by The
Carlson Corner Group, L.L.C., an Indiana limited liability company, 2345 West 141 Westfield,
Indiana 46074 (hereinafter "Carlson Corner
WITNESSETH:
WHEREAS, Carlson Corner is the owner of the real estate located in Hamilton County, Indiana
described on attached Exhibit A (hereinafter "Real Estate upon which Carlson Corner intends to
develop a residential subdivision to be known as Carlson Corner;
WHEREAS, Declarant desires to provide for the preservation and enhancement of the property
values in Carlson Corner and for the maintenance of the Real Estate and the improvements thereon, and
to this end desires to subject the Real Estate to the covenants, restrictions, easements, charges and liens
hereinafter set forth, each of which is for the benefit of the future subdivision of Real Estate and the future
owners thereof;
WHEREAS, Carlson Corner believes it to be prudent to create an Indiana not for profit
corporation (hereinafter "NP Corp. to administer and enforce the terms of this Declaration.
NOW, THEREFORE, Carlson Corner declares that the Real Estate as it now exists and as it shall
be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved, are
subject to the following terms and conditions, all of which are declared to be in furtherance of a plan for
the improvement and sale of the Real Estate and each future lot to be situated therein, 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 of the future lots and improvements to be
constructed thereon. The terms and conditions of this Declaration shall run with the land and shall be
binding upon Carlson Corner, its respective successors and assigns, and upon the parties having or
acquiring any interest in the Real Estate or any part or parts thereof subject to this Declaration. The terms
and conditions of this Declaration shall inure to the benefit of Carlson Corner and its respective
successors in title to the Real Estate or any part or parts thereof:
1. Definitions. The following terms, as used in this Declaration, unless the context clearly
requires otherwise, shall mean the following:
(a) "Architectural Review Board" means that entity established pursuant to
Paragraph 11 of this Declaration for the purposes therein stated;
(b) "Articles" means the Articles of Incorporation of the NP Corp., as amended from
time to time;
(c) "Assessments" means all sum lawfully assessed against the Members of the NP
Corp., as amended from time to time;
(d) "Board of Directors" means the governing body of the NP Corp. elected by the
Members in accordance with the By -Laws;
(e) "By- Laws" means the Code of By -Laws of the NP Corp. elected by the Members
in accordance with the By -Laws;
(f) "Carlson Corner" means the name by which the Real Estate shall be known;
1
2008028167 DECLARATIO $45.00
05/29/2008 09:54:01A 18 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
"Community Area means: (i) the Drainage System; and (ii) any utility service
lines or facilities not maintained by a public utility company or governmental
agency that serve more than one Lot;
"NP Corp." means Carlson Corner Association of Homeowners, Inc., an Indiana
not for profit corporation, its successors and assigns;
"Carlson Corner" means Carlson Corner Group, L.L.C., an Indiana limited liability
company, its successors and assigns to its interest in the Real Estate other than
Owners purchasing Lots or Residences by deed from Carlson Corner (unless the
conveyance indicated or intends that the grantee assume the rights and
obligations of Carlson Corner);
(j) "Development Period" means the period of time commencing with the execution
of this Declaration and ending when Carlson Corner has completed the
development and sale of, and no longer owns, any Lot or any other portion of the
Real Estate;
(k) "Drainage Board" means the Hamilton County Drainage Board, Hamilton County,
Indiana, its successors or assigns;
(I) "Drainage System" means the open drainage ditches and swales, 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 in 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 Real Estate, including but not limited to those shown or referred to on
the Plat, all or part of which may be established as legal drains subject to the
jurisdiction of the Drainage Board;
(m) "Lot" means a platted lot as shown on the Plat;
(n) "Lot Development Plan" means: (i) a site plan prepared by a licensed engineer or
architect; (ii) foundation plan and proposed finished floor elevations; (iii) building
plans, including elevation and floors plan; (iv) material plans and specifications;
(v) landscaping plan; and (vi) all other data or information that the Architectural
Review Board may request with respect to the improvement or alteration of a Lot
(including but not limited to the landscaping thereof) or the construction or
alteration of a Residence or other structure or improvement thereon;
(o) "Maintenance Costs" means all the costs necessary to keep the facilities to which
the term applies operational and in good condition, including but not limited to the
cost of all upkeep, maintenance, repair, replacement of all or any part of any
such facility, payment of all insurance with respect thereto, all taxes imposed on
the facility and on the underlying land, leasehold, easement or right -of -way, and
any other expense related to the continuous maintenance, operation or
improvement of the facility;
(p) "Manager" means the individuals (and /or any corporation such individuals own or
control) identified in Carlson Corner's Operating Agreement;
(q) "Member" means a Class A or Class B member of the NP Corp. and "Members"
means Class A and Class B members of the NP Corp.;
(r) "Mortgagee" means the holder of a first mortgage on a Residence;
(s) "Owner" means a Person, including Carlson Corner, who at the time has or is
acquiring any interest in a Lot except a Person who has or is acquiring such an
interest merely as security for the performance of an obligation;
(t) "Person" means an individual, firm, corporation, partnership, association, trust or
other legal entity, or any combination thereof;
(u) "Plat" means the final secondary plat of the Real Estate recorded in the Office of
the Recorder of Hamilton County, Indiana;
(v) "Residence" means any structure intended exclusively for occupancy by a single
family together with all appurtenances thereto, including private garage and
outbuildings and recreational facilities usual and incidental to the usage of a
single family residential lot;
(w)
(x) "Register of Regulations" means the document containing rules, regulations,
policies, and procedures adopted by the Board of Directors or the Architectural
Review Board, as the same may from time to time be amended;
"Roadway' means all or any part of a street, land or road (including the right -of-
way) designated to provide access to one or more Lots which has not been
accepted for maintenance by a public authority;
(z) "Zoning Authority" with respect to any action means the Director of the
Department of Community Development of the City of Carmel, Indiana or, where
he lacks the capacity to take action, or fails to take such action, the governmental
body or bodies, administrative or judicial, in which authority is vested under
applicable law to hear appeals, or review action, or the failure to act.
2. Declaration. Carlson Corner hereby expressly declares that the Real Estate shall be held,
transferred, used, and occupied subject to the Restrictions. The Owner of any Lot subject
to these Restrictions by: (i) acceptance of a deed conveying title thereto, or the execution
of a contract for the purchase thereof, whether from Carlson Corner or a subsequent
Owner of such Lot; or (ii) by the act of occupancy or use of any Lot, shall accept such
deed and execute such contract subject to each Restriction and agreement herein
contained. By acceptance of such deed or execution of such contract, each Owner
acknowledges the rights and powers of Carlson Corner and of the NP Corp., and the
Owners of each of the Lots affected by these Restrictions to keep, observe, comply with
and perform such restrictions and agreements.
3. Drainage System. Carlson Corner shall maintain the Drainage System in good condition
satisfactory for the purpose for which it was constructed until the earlier of
20 or the date the Drainage System is accepted as a legal drain by the Drainage
Board. After the earlier of such dates, the NP Corp. shall maintain the Drainage System
to the extent not maintained by the Drainage Board and the Maintenance Costs thereof
shall be assessed against all Lots. Each Owner shall be individually liable for the cost of
maintenance of any drainage system located entirely upon his Lot which is devoted
exclusively to drainage of his Lot and is not maintained by the Drainage Board.
4. Roadways. Carlson Corner shall maintain each Roadway in good condition satisfactory
for the purpose for which it was constructed until the Roadway has been accepted as a
(y)
"Restrictions" means the covenants, conditions, easements, charges, liens,
restrictions, rules and regulations and all other provisions set forth in this
Declaration and the Register of Regulations, as the same may from time to time
be amended;
public roadway. The NP Corp. shall maintain the Roadway to the extent not maintained
by the City and /or County and the Maintenance Costs thereof shall be assessed against
all Lots. Each Owner shall be individually liable for the cost of maintenance of any
Roadway. The costs shall be assessed equally against the lots serviced by said
Roadway.
5. Construction of Residences.
(a) Land Use. Lots may be used only for single family residential purposes. Only
one Residence shall be constructed on a Lot. Such Residence shall not exceed
the maximum height permitted by and measured pursuant to the Zoning
Ordinance of the City of Carmel, Indiana. No portion of any Lot may be sold or
subdivided such that there will be thereby a greater number of Residences in
Carlson Corner than the number of Lots depicted on the Plat. Notwithstanding
any provision in the applicable zoning ordinance to the contrary, no Lot may be
used for any "Special Use" that is not clearly incidental and necessary to single
family dwellings. No home occupation shall be conducted or maintained on any
Lot other than one which does not constitute a "special use and which is
incidental to a business, profession or occupation of the Owner or occupant of
such Lot and which is generally or regularly conducted at another location which
is away from such Lot. No signs of any nature, kind or description shall be
erected, placed, or permitted to remain on any Lot advertising a permitted home
occupation;
(b) Size of Residence. Except as otherwise provided herein, no residence may be
constructed on any Lot unless such Residence, exclusive of open porches,
attached garages and basements (finished or unfinished), shall have a ground
floor area of 3,500 square feet if a one -story structure, or 3,600 square feet if a
multi -story structure. In the case of multi -story structure, at least 2,000 square
feet must be included in the ground floor of such Residence;
(c) Temporary Structures. No trailer, shack, tent, boat, basement, garage or other
outbuilding may be used at any time as a dwelling, temporary or permanent, nor
may any structure of a temporary character be used as a dwelling;
(d) Building Location and Finished Floor Elevation. No building may be erected
between the building line shown on the Plat and the front Lot line, and no
structure or part thereof may be built or erected nearer than ten (10) feet to any
side Lot line or nearer than twenty (20) feet to any rear Lot line. The side yards of
each Lot must aggregate thirty (30) feet. No accessory building may be erected
in front of a main building or in the required front yard on the side of a corner lot
unless the accessory building is attached to the main building by a common wall.
All ground floor elevations must be supplied to the Architectural Review Board.
Demonstration of adequate storm water drainage in conformity with both on -Lot
and overall project drainage plans shall be a pre- requisite for finished floor
elevations. The Architectural Review Board shall approve, in writing, such
elevations. Before construction commences, the finished floor elevation shall be
physically checked on the Lot and certified by a licensed professional engineer or
a licensed land surveyor;
(e) Driveways. All driveways shall be brick pavers, paved asphalt or poured concrete
and maintained dust free;
(f)
Yard Lights. Each Residence on each Lot shall include a yard light on such Lot
at a location, having a height and of a type, style and manufacture approved by
the Architectural Review Board. Each such light fixture shall also have a bulb of
(g)
Fire Place Chase. All fireplace chases shall be of masonry veneer, dryvit, or a
material that is equal to or better than masonry veneer or dryvit in quality and
appearance. No fireplace chase shall be constructed of stucco board or vinyl;
(h) Storage Tanks. All above or below ground storage tanks, with the exception of
gas storage tanks (not to exceed 10 gallons) used solely in connection with gas
grills for the purpose of grilling or cooking food, shall be and thereby are
prohibited;
(1)
(1)
(m
a maximum wattage approved by Architectural Review Board to insure uniform
illumination on each Lot and shall be equipped with a photo electric cell or similar
device to insure automatic illumination from dusk to dawn each day. The Lot
Owner thereafter shall maintain the yard Tight in proper working order;
Construction and Landscaping. All construction upon, landscaping of and other
improvements to a Lot shall be completed strictly in accordance with the Lot
Development Plan approved by the Architectural Review Board. Landscaping
shall include a minimum of shrubs, evergreens and trees as further described
and specified on attached Exhibit B. All landscaping specified on the landscaping
plan approved by the Architectural Review Board shall be installed on the Lot
strictly in accordance with such approved plan within thirty (30) days following
substantial completion of the Residence unless the Board agrees to a later
landscaping completion date. In the event the actual construction of the
Residence fails to fully comply with all the details and specifications of the Lot
Development Plan, Carlson Corner and /or NP Corp. shall have the right (but not
the obligation) to file suit in a court of appropriate jurisdiction. Such suit shall
seek specific performance of the provisions of the Lot Development Plan. In
addition to the remedy of specific performance, Carlson Corner and /or NP Corp.
shall be entitled to recover all costs of such litigation, including but not limited to,
reasonable attorney fees, court costs, expert witness fees, deposition costs, etc.;
(j) Mailboxes. The Architectural Review Board must approve all mailboxes installed
upon Lots;
(k) Septic Systems. No septic tank, absorption field or any other on -site sewage
disposal system (other than a lateral main connected to a sanitary sewage
collection system operated by the Clay Township Regional Waste District or a
successor public agency or public utility) shall be installed or maintained on any
Lot;
Water Systems. Each Owner must connect to a water line maintained by a
public water utility to provide water for domestic use on the Lot and shall pay all
connection, availability or other charges lawfully established with respect to
connections thereto. Notwithstanding the foregoing, an Owner may establish,
maintain and use an irrigation water well on his Lot;
Drainage. In the event storm water drainage from any Lot or Lots flows across
another Lot, provision shall be made by the Owner of such Lot to permit such
drainage to continue, without restriction or reduction, across the downstream Lot
and into the natural drainage channel or course, although no specific drainage
easement for such flow of water is provided on the Plat. To the extent not
maintained by the Drainage Board, "Drainage Easements" reserved as drainage
swales shall be maintained by the Owner of the Lot upon which such easements
are located such that water from any adjacent Lot shall have adequate drainage
along such swale. Lots within Carlson Corner Estates may be included in a legal
drain established by the Drainage Board. In such event, each Lot in Carlson
Corner will be subject to assessment by the Drainage Board for the costs of
maintenance of the portion of the Drainage System included in such legal drain,
which assessment will be a lien against the Lot. The elevation of a Lot shall not
be changed so as to affect materially the surface elevation or grade of
surrounding Lots. Perimeter foundation drains, sump pump drains, downspouts
and water softeners, shall be connected whenever feasible into a subsurface
drainage tile. Downspouts and drains shall be designed to disperse runoff for
overland flow to street or swale collection systems. Each Owner shall maintain
the subsurface drains and tiles located on his Lot and shall be liable for the cost
of all repairs thereto or replacements thereof. During the course of construction,
appropriate silt fencing shall be maintained to prevent any silt runoff;
(n) Vacant Lots, It shall be the duty and obligation of the Owner of a vacant Lot to
maintain such Lot and mow the lawn thereof. Vegetation shall not be permitted
to grow in excess of twelve (12) inches. If an Owner fails to comply with this
restriction, Carlson Corner and the NP Corp. may (but shall not be obligated to)
cause the weeds to be cut and the Lot cleared of such growth at the expense of
the Owner thereof and Carlson Corner and the NP Corp. shall have a lien against
the cleared Lot for the expense thereof;
(o) Sheds, Out Buildings. Out buildings, tree houses, playhouses and sheds are
specifically prohibited except that Carlson Corner or the NP Corp. may allow
them on a case -by -case basis.
8. Maintenance of Lots.
(a) Vehicle Parking. No camper, motor home, truck, trailer, boat, disabled vehicle, or
vehicle without a properly issued license plate, may be parked or stored
overnight or longer on any Lot in open public view;
(b) Signs. Except for such signs as Carlson Corner may in its absolute discretion
display in connection with the identification or development of Carlson Corner
and the sale of Lots therein, no sign of any kind shall be displayed to the public
view on any Lot except that two (2) signs of not more than four (4) square feet
may be displayed at any time for the purpose of advertising the Lot for sale, or
may be displayed by a builder to advertise the Lot during construction and sale.
A builder shall display a "sold" sign on the Lot when he has sold the property;
(c) Fencing. No fence, wall, hedge or shrub planting higher than eighteen (18)
inches shall be permitted between the front property line and the front building
set -back line except where such planting is part of Residence landscaping and
the prime root thereof is within four (4) feet of the Residence. Corner Lots shall
be deemed to have two (2) front yards. Trees shall not be deemed "shrubs"
unless planted in such a manner as to constitute a "hedge No galvanized non
coated chain link fence shall be erected upon a Lot. All fencing shall be uniform
in height, style and color and substantially similar material. No fence may be
erected on a Lot without the prior approval of the Architectural Review Board,
which may establish further restrictions with respect to fences, including
limitations on design standards for fences. All fences shall be kept in good repair.
No fence, wall, hedge or shrub planting which obstructs sight lines at elevations
between two (2) and six (6) feet above the street shall be placed or permitted to
remain on any corner Lot within the triangular area formed by the street property
lines and a line connecting points 25 feet from the intersection of said street
lines, or in the case of a street line with the edge of a driveway pavement. No
tree shall be permitted to remain within such distances of such intersections
unless the foliage line is maintained at sufficient height to prevent obstruction of
such sight lines.
(1) Fencing along 141st Street. Any fencing along 141st Street shall be
constructed of the same material, and be the same height, the same
color and the same design and the same appearance and shall be
constructed only with the approval of the Architectural Review Board;
(d) Vegetation. An Owner shall not permit the growth of weeds and volunteer trees
and bushes on his Lot, and shall keep his Lot reasonably clear from such
unsightly growth at all times. If an Owner fails to comply with this restriction, the
Architectural Review Board may (but shall not be obligated to) cause the weeds
to be cut and the Lot cleared of such growth at the expense of the Owner thereof
and the Architectural Review Board shall have a lien against the cleared Lot for
the expense thereof;
(e) Nuisances. No noxious or offensive activity shall be carried on or upon any Lot
nor shall anything be done thereon which may be, or may become, an
annoyance or nuisance to the neighborhood. Barking dogs shall constitute a
nuisance;
(f)
(g)
Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping
ground for trash. Rubbish, garbage or other waste shall be kept in sanitary
containers out of public view. All equipment for storage or disposal of such
materials shall be kept clean and sanitary;
Livestock and Poultry. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any Lot, except that dogs, cats or other household pets
may be kept provided that they are not kept, bred or maintained for any
commercial purpose. The Owners of such permitted pets shall confine them to
their respective Lots such that they will not be a nuisance. Owners of dogs shall
so control or confine them so as to avoid barking which will annoy or disturb
adjoining Owners;
(h) Outside Burning. No trash, leaves, or other material shall be burned upon a Lot if
smoke there from would blow upon any other Lot and, then, only in acceptable
incinerators and in compliance with all applicable requirements;
(1) Antennas and Receivers. No antenna, satellite dish, or other device for the
transmission or reception of radio, television, or satellite signals or any other form
of electromagnetic radiation shall be erected, used or maintained outdoors and
above ground, whether attached to a building or otherwise, on any Lot without
the written approval of the Architectural Review Board, which approval shall not
be unreasonably withheld; provided, however, that any such device may be
installed and maintained on any Lot without the necessity of such written
approval if: (a) it is not visible from neighboring Lots or streets; or (b) the Owner,
prior to installation, has received the written consent of the Owners of all Lots
who would have views of the device from their Lots; (c) the device is virtually
indistinguishable from structures, devices or improvements such as heat pumps,
air conditioning units, barbecue grills, patio furniture, and garden equipment,
which are not prohibited by these covenants, or (d) in no case shall such device
exceed the main residential building roof height by ten (10) feet;
(j) Exterior Lights. No exterior lights shall be erected or maintained between the
building line and rear lot line so as to shine or reflect directly upon another Lot;
(k) Electric Bug Killers. Electric bug killers, "zappers and other similar devices shall
not be installed at a location or locations which will result in the operation thereof
becoming a nuisance or annoyance to other Owners, and shall be operated only
when outside activities require the use thereof and not continuously;
Tennis Courts. No tennis courts or equipment or building related thereto shall be
constructed without the prior approval of the Architectural Review Board;
Swimming Pools. No swimming pool or equipment or building related thereto
shall be constructed without the prior approval of the Architectural Review Board.
If a variance permitting installation of a mechanical pool cover in lieu of fencing
has been or may be obtained from the Zoning Authority, then the Architectural
Review board may require, as a condition to the location of a swimming pool on a
Lot, that the Owner install a mechanical pool cover. If the Architectural Review
Board imposes such requirement, then a mechanical pool cover of a type and
manufacture approved by the Architectural Review Board shall be installed by
the Owner in compliance with all applicable legal requirements established by the
Zoning Authority as a condition to such variance, and all requirements
established by the Architectural Review Board. No pools installed above ground
are permitted.
9. Carlson Corner Association of Homeowners.
(a) Membership. Each Owner shall automatically be a Member of the NP Corp. and
shall enjoy the privileges and be bound by the obligations contained in the
Articles and By -Laws, if a Person would realize upon his security and become an
Owner, he shall then be subject to all the requirements and limitations imposed
by this Declaration on other Owners, including those provisions with respect to
the payment of Assessments;
(b) Powers. The NP Corp. shall have such powers as are set forth in this
Declaration and in the Articles and By -Laws, together with all other powers that
belong to it by law;
(c) Classes of Membership and Voting Rights. The Association shall have the
following two (2) classes of voting membership:
Class A. Class A Members shall be all Owners with the exception of Carlson
Corner and the Managers of Carlson Corner. Class A Members shall be
entitled to one (1) vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be Class A Members.
The vote for each Lot shall be exercised as the Members holding an
interest in such Lot determine among themselves, but in no event shall
more than one vote be cast with respect to any Lot;
Class B. Class B Members shall be Carlson Corner and its Managers. Carlson
Corner and its Managers shall be entitled to five (5) votes for each Lot
owned by them. For purposes of this calculation, it shall be assumed that
Carlson Corner owns all Lots, which number shall be reduced as Lots
are conveyed by Carlson Corner to a Person other than Carlson Corner
or its Managers. The Class B membership shall cease and be converted
to Class A membership on the happening of either of the following
events, whichever occurs earlier: (a) when the total number of votes
outstanding in the Class A membership are greater than the total number
of votes outstanding in the Class B membership; or, (b) December 31,
2015;
(d) Mergers. Upon a merger or consolidation of another corporation with the NP
Corp., its properties, rights and obligations may, as provided in its articles of
incorporation or by operation of law be transferred to another surviving or
consolidated corporation or, alternatively, the properties, rights and obligations of
another corporation may by operation of law be added to the properties, rights
and obligations of the NP Corp. as a surviving corporation pursuant to a merger.
The surviving or consolidated corporation may administer the covenants and
restrictions established by this Declaration within the Real Estate together with
the covenants and restrictions established upon any other properties as one
scheme. No other merger or consolidation, however, shall effect any revocation,
change or addition to the covenants established by this Declaration within the
Real Estate except as hereinafter provided;
(e) Termination of Class B Membership. Wherever in this Declaration the consent,
approval or vote of the Class B Member is required, such requirement shall
cease at such time as the Class B Membership terminates, but no such
termination shall affect the rights and powers of Carlson Corner set forth in
Paragraph 14 (b);
(f)
10. Assessments.
Board of Directors, During the Development Period, Carlson Corner shall
appoint all directors, shall fill all vacancies in the Board of Directors, and shall
have the right to remove any Director at any time, with or without cause. After
the Development Period, the Owners shall elect a Board of Directors of the NP
Corp. as prescribed by the NP Corp.'s Articles and By -Laws. The Board of
Directors shall manage the affairs of the NP Corp. Directors must be members
of the NP Corp. after the termination of the Development Period.
(a) Creation of the Lien and Personal Obligation of Assessments. Carlson Corner
hereby covenants, and each Owner of any Lot by acceptance of a deed thereto,
whether or not it shall be so expressed in such deed, is deemed to covenant and
agree, to pay to the NP Corp. the following: (1) General Assessments; (2)
Special Assessments, to be established and collected as hereinafter provided.
All Assessments, together with interest thereon and costs of collection thereof,
shall be a charge on the Lots and shall be a continuing lien upon the Lot against
which each Assessment is made until paid in full. Each Assessment, together
with interest thereon and costs of collection thereof, shall also be the personal
obligation of the Person who was the Owner of the Lot at the time when the
Assessment became due;
(b) General Assessment.
(1) Purpose of Assessment. The General Assessment levied by the NP
Corp. shall be used exclusively to promote the recreation, health, safety,
and welfare of the Owners of Lots. The General Assessment shall also
be levied for the payment of real estate taxes allocable to the common
areas, which real estate taxes shall be paid by the NP Corp. from the
date hereof, notwithstanding that Carlson Corner may indefinitely retain
title to all or part of the common area. It shall further be the obligation of
the NP Corp. to: (i) maintain and pay all costs of maintenance of all
public lighting installed and existing in any right -of -way; (ii) pay the costs
of all electricity and energy usage attributable to public lighting installed
and existing any right -of -way; and (iii) pay the costs of maintenance of
any sidewalks which abut a right -of -way but are not within the right -of-
way, and the General Assessment shall also be levied by the NP Corp.
(3)
to comply and pay for with the foregoing maintenance requirements and
obligations;
(2) Basis for Assessment.
(i)
Lots Generally. Each Lot owned by a Person other than Carlson
Corner or its Managers shall be assessed at a uniform rate
without regard to whether a Residence has been constructed
upon the Lot;
(ii) Lots Owned by Carlson Corner or its Managers. No Lot owned
by Carlson Corner or its Managers shall be assessed by the NP
Corp.;
(iii) Change in Basis. The basis for assessment may be changed
with the assent of the Class B Members and of: (1) two- thirds
(2/3) of the Class A Members (excluding Carlson Corner or its
Managers); or (2) two- thirds (2/3) of the Mortgagees (based on
one vote for each first mortgage owned) who are voting in
person or by proxy by a meeting of such Members duly called for
this purpose;
Method of Assessment. By a vote of a majority of the Directors, the
Board of Directors shall fix the General Assessment for each
assessment year of the NP Corp. at an amount sufficient to meet the
obligations imposed by this Declaration upon the NP Corp. The Board of
Directors shall establish the date(s) the General Assessment shall
become due, and the manner in which it shall be paid;
(c) Special Assessment. The NP Corp. may levy in any fiscal year a special
assessment applicable to that year and not more than the next four (4)
succeeding fiscal years for the purpose of defraying, in whole or in part, the cost
of any construction, repair, or replacement of a capital improvement upon or
constituting a part of the common area, provided that any such Assessment shall
have the assent of all of the Class B Members and of a majority of the votes of
the Class A Members who are voting in person or by proxy at a meeting of such
members duly called for this purpose;
(d) Date of Commencement of Assessments. The General Assessment shall
commence with respect to assessable Lots on the first day of the month following
conveyance of the first Lot to an Owner who is not Carlson Corner or its
Managers. The initial Assessment on any assessable Lot shall be adjusted
according to the number of whole months remaining in the assessment year;
(e) Effect of Nonpayment of Assessments: Remedies of the NP Corp. Any
Assessment not paid within thirty (30) days after the due date may upon
resolution of the Board of Directors bear interest from the due date at a
percentage rate of 18% per annum. The NP Corp. shall be entitled to institute in
any court of competent jurisdiction any lawful action to collect the delinquent
Assessment plus any expenses or costs, including attorneys' fees, incurred by
the NP Corp. in collecting such Assessment. If the NP Corp. has provided for
collection of any Assessment in installments, upon default in the payment of any
one or more installments, the NP Corp. may accelerate payment and declare the
entire balance of said Assessment due and payable in full. No Owner may waive
or otherwise escape liability for the Assessments provided for herein by
abandonment of his Lot;
10
(f)
(g)
(i)
11. Architectural Control.
Subordination of the Lien to Mortgages. The lien of the Assessments provided
for herein against a Lot shall be subordinate to the lien of any recorded first
mortgage covering such Lot and to any valid tax or special assessment lien on
such Lot in favor of any governmental taxing or assessing authority. Sale or
transfer of any Lot shall not affect the assessment lien. The sale or transfer of
any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall,
however, extinguish the lien of Assessments as to payments which became due
more than twelve (12) months prior to such sale or transfer. No sale or transfer
shall relieve such Lot from liability for any Assessments thereafter becoming due
or from the lien thereof;
Certificates. The NP Corp. shall, upon demand by an Owner, at any time,
furnish a certificate in writing signed by an officer of the NP Corp. that the
Assessments on a Lot have been paid or that certain Assessments remain
unpaid, as the case may be;
(h) Exempt Property. The following property subject to this Declaration shall be
exempt from the Assessments, charge and lien created herein:
(1) all properties to the extent of any easement or other interest therein
dedicated and accepted by the local public authority and devoted to pubic
use; and
Annual Budget. By a majority vote of the Directors, the Board of Directors shall
adopt an annual budget for the subsequence fiscal year, which shall provide for
allocation of expenses in such a manner that the obligations imposed by the
Declaration will be met;
(a) The Architectural Review Board. Until the end of the Development Period, an
Architectural Review Board consisting of four (4) Persons shall be appointed by
Carlson Corner. After the expiration of the Development Period, the Board of
Directors shall appoint the Architectural Review Board;
(b) Purposes. The Architectural Review Board shall regulate the external design,
appearance, use, location and maintenance of the Property and of improvements
thereon in such manner as to preserve values and to maintain a harmonious
relationship among structures, improvements and the natural vegetation and
topography;
(c) Change in Conditions. Except as otherwise expressly provided in this
Declaration, no improvements, alterations, repairs, change of colors,
excavations, changes in grade, planting or other work that in any way alters any
Lot or the exterior of the improvements located thereon from its natural or
improved state existing on the date such Lot was first conveyed in fee by the
Carlson Corner to an Owner shall be made or done without the prior approval by
the Architectural Review Board of a Lot Development Plan therefore, Prior to the
commencement by an Owner other than Carlson Corner of:
(1) construction, erection or alteration of any Residence, building, fence,
wall, swimming pool, tennis court, patio, pier, dock, recreational
equipment, or other structure on a Lot; or
(2) any plantings on a Lot, a Lot Development Plan with respect thereto shall
be submitted to the Architectural Review Board, and no building, fence,
11
(d) Procedures. In the event of the Architectural Review Board fails to approve,
modify or disapprove in writing a Lot Development Plan within thirty (30) days
after such plan has been duly filed with the Architectural Review Board in
accordance with procedures established by Carlson Corner or, if Carlson Corner
is no longer a Class B member, this approval will be deemed granted. If Carlson
Corner is no longer a Class B member, a decision of the Architectural Review
Board may be appealed to the Board of Directors which may reverse or modify
such decision by a two- thirds (2/3) vote of the Directors then serving;
(e) Guidelines and Standards. The Architectural Review Board shall have the power
to establish such architectural and landscaping design guidelines and standards
as it may deem appropriate to achieve the purpose set forth in subparagraph (b)
to the extent that such design guidelines and standards are not in conflict with
the specific provisions of this Declaration. If Carlson Corner is no longer a Class
B member, any such guideline or standard may be appealed to the Board of
Directors which may terminate or modify such guideline or standard by a two
thirds (2/3) vote of the Directors then serving.
12. Easements.
wall, Residence, or other structure shall be commenced, erected,
maintained, improved, altered, made or done, or any plantings made, by
any Person other than Carlson Corner without the prior written approval
by the Architectural Review Board of a Lot Development Plan relating to
such construction, erection, alteration or plantings. Such approval shall
be in addition to, and not in lieu of, all approvals, consents, permits
and /or variances required by law from governmental authorities having
jurisdiction over Carlson Corner Estates, and no Owner shall undertake
any construction activity within Carlson Corner Estates unless legal
requirements have been satisfied. Each Owner shall complete all
improvements to a Lot strictly in accordance with the Lot Development
Plan approved by the Architectural Review Board. As used in this
subparagraph (c), "plantings" do not include flowers, bushes, shrubs or
other plants having a height of less than 18 inches;
(a) Plat Easements. In addition to such easements as are created elsewhere in this
Declaration and as may be created by Carlson Corner pursuant to written
instruments recorded in the Office of the Recorder of Hamilton County, Indiana,
Lots are subject to drainage easements, sewer easements, utility easements and
lake maintenance access easements, either separately or in any combination
thereof, as shown on the Plat, which are reserved for the use of Owners, public
utilities companies and governmental agencies as follows:
(1) Drainage Easements. (DE) are created to provide paths and courses for
area and local storm drainage, either overland or in adequate
underground conduit, to serve the needs of Carlson Corner and adjoining
ground and /or public drainage systems; and it shaft be the individual
responsibility of each Owner to main the drainage across his own Lot.
Under no circumstances shall said easement be blocked in any manner
by the construction or reconstruction of any improvement, nor shall any
grading restrict, in any manner, the water flow. Said areas are subject to
construction or reconstruction to any extent necessary to obtain
adequate drainage at any time by any governmental authority having
jurisdiction over drainage, by Carlson Corner, and by the Architectural
Review Board, but neither Carlson Corner nor the Architectural Review
Board shall have any duty to undertake any such construction or
12
14. Amendments.
reconstruction. In the event Carlson Corner or the Architectural Review
Board undertakes any such construction or reconstruction, its obligations
to restore the affected real estate after any such construction or
reconstruction shall be limited to regrading and reseeding. Under no
circumstances to shall Carlson Corner be liable for any damage or
destruction to any fences, structures, or other improvements which are
damaged, destroyed or remodeled by Carlson Corner, or its agents or
employees as a result of such construction or reconstruction. Said
easements are for the mutual use and benefit of the Owners;
(2) Sewer Easements. (SE) are created for the use of the local government
agency having jurisdiction over any storm and sanitary waste disposal
system which may be designed to serve Carlson Corner for the purpose
of installation and maintenance of sewers that are a part of said system;
(3) Utility Easements. (UE) are created for the use of Carlson Corner, the
NP Corp. and all public utility companies, not including transportation
companies, for the installation and maintenance of mains, ducts, poles,
lines and wires, as well as for all uses specified in the case of sewer
easements;
13. Enforcement. The NP Corp., any Owner or Carlson Corner shall have the right to
enforce, by proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this
Declaration, but neither Carlson Corner nor the NP Corp, shall be liable for damage or
any kind to any Person for failure either to abide by, enforce or carry out any of the
Restrictions. No delay or failure by any Person to enforce any of the Restrictions or to
invoke any available remedy with respect to a violation or violations thereof shall under
any circumstances be deemed or held to be a waiver by that Person of the right to do so
thereafter, or an estoppel of that Person to assert any right available to him upon the
occurrence, recurrence or continuation of any violation or violations of the Restrictions.
In any action by Carlson Corner, the NP Corp. or an Owner to enforce this Declaration,
such party shall be entitled to recover all costs of enforcement, including attorneys' fees,
if it substantially prevails in such action.
(a) Generally. This Declaration may be amended at any time by an instrument
signed by both:
(1) the appropriate officers of the NP Corp. acting pursuant to the authority
granted by not less than two- thirds (2/3) of the votes of the Class A
members cast at a meeting duly called for the purpose of amending this
Declaration; and
(2) Carlson Corner, so long as Carlson Corner still owns at least one (1) Lot;
(b) By Declarant. Carlson Corner hereby reserves the right unilaterally to amend
and revise the standards, covenants and restrictions contained in this Declaration
during the period prior to its sale of all the Lots. Such amendments shall be in
writing, executed by Carlson Corner, and recorded with the Recorder of Hamilton
County, Indiana. Carlson Corner shall give notice in writing to such Owners and
Mortgagees of any amendments. Carlson Corner shall not have the right at any
time by amendment of this Declaration to grant or establish any easement
through, across or over any Lot which Carlson Corner has previously conveyed
without the consent of the Owner of such Lot;
13
(c) Effective Date. Any amendment shall become effective upon its recordation in
the office of the Recorder of Hamilton County, Indiana.
15. Interpretation. The underlined titles preceding the various paragraphs and subparagraphs
of this Declaration are for convenience of reference only, and none of them shall be used
as an aid to the construction of any provision of this Declaration. Wherever and
whenever applicable, the singular form of any work shall be taken to mean or apply to the
plural, and the masculine from shall be taken to mean or apply to the feminine or to the
neuter.
16. Duration. The foregoing covenants and restrictions are for the mutual benefit and
protection of the present and future Owners, the NP Corp., and Carlson Corner, and shall
run with the land and be binding on all parties and all Persons claiming under them until
2030, at which time said covenants and restrictions shall be automatically extended for
successive periods often (10) years, unless changed in whole or in part by vote of those
Persons who are then the Owners of a majority of the Lots in the Real Estate.
17. Severability. Every one of the Restrictions is hereby declared to be independent of, and
severable from, the rest of the Restrictions and of and from every other one of the
Restrictions, and of and from every combination of the Restrictions. Therefore, if any of
the Restrictions shall be held to be invalid or to be unenforceable, or to lack the quality of
running with the land, that holding shall be without effect upon the validity, enforceability
or "running" quality of any other one of the Restrictions.
18. Non Liability of Carlson Corner. Carlson Corner shall not have any liability to an Owner
or to any other Person with respect to drainage on, over or under a Lot or with respect to
the completion of the Residence in accordance with the Lot Development Plan's
specifications. Such drainage shall be the responsibility of the Owner of the Lot upon
which a Residence is constructed and of the builder of such Residence, and an Owner,
by an acceptance of a deed to a Lot, shall be deemed to agree to indemnify and hold
Carlson Corner free and harmless from and against any and all liability arising from,
related to, or in connection with drainage on, over and under the Lot described in such
deed. Carlson Corner shall have no duties, obligations or liabilities hereunder except
such as are expressly assumed by Carlson Corner, and no duty of, or warranty by,
Carlson Corner shall be implied by or inferred from any term or provision of this
Declaration.
19. Delay in Construction of Residence. Unless a delay is caused by strikes, war, court
injunction, or acts of God, the Owner of any Lot (which on the date of purchase is not
improved with a Residence) shall commence construction of a Residence upon the Lot
within two (2) years from the date the Owner acquired title thereto and shall complete
construction of such Residence within eighteen (18) months after the date of
commencement of the building process, but in no event later than three (3) years after
the date the Owner acquired title to the Lot unless such Lot is adjacent to a Lot upon
which the Owner has constructed a Residence in which such Owner permanently
resides. If the Owner fails to commence or complete construction of a Residence within
the time periods specified herein, or if the Owner should, without Carlson Corner's written
approval, sell, contract to sell, convey, or otherwise dispose of, or attempt to sell, convey
or otherwise dispose of the Lot before completion of construction of a Residence on the
Lot, then, in any of such events, Carlson Corner may:
(a) re -enter the Lot and divest the Owner of title thereto by tendering to the Owner or
to the Clerk of the Circuit Court of Hamilton County the lesser of (a) the same net
dollar amount as was received by Carlson Corner from such Owner as
consideration for the conveyance by Carlson Corner of the Lot, together with
such actual costs, if any, as the Owner may prove to have been incurred in
14
above.
IN TESTIMONY WHEREOF, witness the signature of Carlson Corner as of the date set forth
ROBERT H. KERNODLE
STATE OF INDIANA Notary Public
SS: SEAL
COUNTY OF HAMILTON State oflndlon�
My Commission Expires 7-
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Craig A. Carlson, Manager of The Carlson Corner Group, L.L.C, and he acknowledges that the
facts alleged in the foregoing instrument are true.
Witness my hand and Notarial Seal this 2g of
My Commission Expires:
County of Residence:
"1 affirm, under the penalties for perjury, that I have
taken reasonable care to redact each Social Security
number i document, tyafess required by law."
(name)
T d_ p R-a-G o
connection with the commencement of construction of a Residence on the Lot or
(b) the then fair market value of the Lot, as determined by averaging two (2)
appraisals made by two (2) qualified appraisers appointed by the Judge of the
Circuit or Superior Court of Hamilton County, Indiana;
(b) obtain injunctive relief to force the Owner to proceed with construction of a
Residence per the terms of a Lot Development Plan which has been approved by
the Architectural Review Board upon application by such Owner; or
(c) pursue such other remedies at law or in equity that may be available to Carlson
Corner.
The failure of the Owner of a Lot to apply for approval of, or receive approval from, the
Architectural Review Board of a Lot Development Plan shall not relieve such Owner from
his obligation to commence and complete construction of a Residence upon the Lot
within the time periods specified herein. For the purposes of this paragraph (19),
construction of a Residence will be deemed "completed" when the exterior of the
Residence (including but not. limited to the foundation, walls, roof, windows, entry doors,
gutters, downspouts, exterior trim, paved driveway and landscaping) has been completed
in conformity with the Lot Development Plan.
THE CARLSON CORNER GROUP, L.L.C.
Notary Public
/3 .2a
15
Cast" C.�y ►5 :›k
200S
EXHIBIT A LEGAL DESCRIPTION
16
EXHIBIT B LANDSCAPING REQUIREMENTS AND
SELECTION GUIDE
Minimum Required Plant Quantities
10 (ten)
12 (twelve)
9 (nine)
10 (ten)
12 (twelve)
Selection Guide
Plants from Group A
Plants from Group B
Plants from Group C
Plants from Group D
Plants from each Group E, F, G
The species listed below are intended as examples and is not an all inclusive list.
GROUP A EVERGREEN AND SEMI EVERGREEN SHRUBS
Azaleas Holly
Yews Boxwood
PJM Rhododendron Mugho Pine
GROUP B DECIDUOUS SHRUBS (small)
Barberry Burning Bush
Cottoneaster Dwarf Lilac
Spirea Hydrangea
Flowering Quince Potentilla
Dwarf Forsythia
GROUP C DECIDUOUS SHRUBS (large)
Red Osier Dogwood Common Lilac
Weigela Viburnums
Forsythia Purple Leaf Plums
GROUP D JUNIPERS 15" TO 18"
Blue Chip Broadmoor
Andorra Procumbens
GROUP E SHADE TREES 2" Caliper
Maple Locust
Oak Tulip
Linden Ash
Sweet Gum
GROUP F ORNAMENTAL TREES 2" Caliper
Dogwood Pear
Hawthorn Redbud
Magnolia Crabapple
Serviceberry
GROUP G CONIFERS 6' TO 7'
White Pine
Douglas Fir
Hemlock
17
Colorado Spruce (Green /Blue)
Austrian Pine
P
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70' HALF
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*1.61 ACRES
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15' SETBACK
1 589'58'53 "W 330.00'
15' SETBACK
Lot #3
70,950 S.F.
*1.63 ACRES
14065 Towne Road
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70,950 S.F.
*1.63 ACRES
14055 Towne Road
SECONDARY PLAT OF
141ST STREET
N89'58'53 "E 435.60'
2' NON ACCESS EASEMENT
30' R.D.E.
CARLSON CORNER
622.69'
N1
PART OF THE SOUTHWEST QUARTER OF SEC. 21 —T18N —R3E
CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA
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ZONING: S1 /RESIDENTIAL
DOCKET #07030034
SOURCE OF TITLE:
INSTR. #2000 -43576
1 -0F -2
LAND DESCRIPTION
A PART OF THE SOUTHWEST QUARTER OF SECTION
21, TOWNSHIP 18 NORTH, RANGE 3 EAST LOCATED IN
CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE P.K. NAIL AT THE NORTHWEST
CORNER OF THE SOUTHWEST QUARTER OF SECTION
21, TOWNSHIP 18 NORTH, RANGE 3 EAST; THENCE
SOUTH 00 DEGREES 03 MINUTES 48 SECONDS WEST
(ASSUMED BEARING) 697.22 FEET ON AND ALONG
THE WEST LINE OF SAID SOUTHWEST QUARTER;
THENCE NORTH 89 DEGREES 58 MINUTES 53
SECONDS EAST 435.60 FEET PARALLEL WITH THE
NORTH LINE OF SAID SOUTHWEST QUARTER TO A 5/8
INCH IRON ROD WITH YELLOW CAP STAMPED MILLER
SURVEYING; THENCE SOUTH 00 DEGREES 03 MINUTES
48 SECONDS WEST 158.00 FEET PARALLEL WITH THE
WEST LINE OF SAID SOUTHWEST QUARTER TO A 5/8
INCH IRON ROD WITH YELLOW CAP
STAMPED MILLER SURVEYING; THENCE NORTH 89
DEGREES 58 MINUTES 53 SECONDS EAST 184.14 FEET
PARALLEL WITH THE NORTH LINE OF SAID
SOUTHWEST QUARTER TO A 5/8 INCH IRON ROD WITH
YELLOW CAP STAMPED MILLER SURVEYING; THENCE
NORTH 00 DEGREES 15 MINUTES 40 SECONDS EAST
855.23 FEET TO A MAG NAIL ON THE NORTH LINE OF
SAID SOUTHWEST QUARTER; THENCE SOUTH 89
DEGREES 58 MINUTES 53
SECONDS WEST 622.69 FEET TO THE POINT OF
BEGINNING. CONTAINING 10.616 ACRES, MORE OR
LESS.
REGISTERED LAND SURVEYOR'S CERTIFICATE
I, Mark A. Weston HEREBY CERTIFY THAT I AM A
REGISTERED LAND SURVEYOR, LICENSED IN
COMPLIANCE WITH THE LAWS OF THE STATE OF
INDIANA AND THAT THE WITHIN PLAT REPRESENTS A
SUBDIVISION OF THE LANDS SURVEYED WITHIN THE
CROSS REFERENCED SURVEY PLAT, AND THAT TO
THE BEST OF MY KNOWLEDGE AND BELIEF THERE
HAS BEEN NO CHANGE FROM THE MATTERS OF THE
SURVEY REVEALED BY THE CROSS REFERENCED
SURVEY ON ANY LINES THAT ARE COMMON WITH THE
NEW SUBDIVISION.
THAT THIS PLAT REPRESENTS A S(JRVEY COMPLETED
BY MILLER SURVEYING, INC. AS RECORDED. IN INSTR. A
NO. '200300012128 IN THE OFFICE.X4LItt O fZDEg
OF HAMILTON COUNTY ON ',FEBRUAR .2004. i
THAT ALL THE MONUMENT SHOWIV.,cIREON r
ACTUALLY EXIST AND THft 'THE LO�
TYPE AND MATERIAL ARE 'ACCURAT ET" SHOW. 7AND'
THAT ALL REQUIREMENTS SPECIFIED IN THE
SUBDIVISION ORDINANCE OF THE CITY OF CARMEL
HAVE BEEN MET.
NOTE: THE SUBJECT SOURCE OF TITLE DIFFERS IN
THE BEARING ON THE WEST LINE OF THE SUJECT
QUARTER SECTION VERSUS THE PLAT AND
REFERENCED SURVEY. THIS DISCREPANCY CREATES
MATHEMATICAL GAPS IN TITLE BUT IT IS BELIEVED
THAT THE SURVEY CORRECTLY SHOWS THE THE WEST
LINE AND SOUTHWEST ADJOINERS AND THE SURVEY
WAS HELD.
I affirm under penalties of perjury, that I have token 0 0 1 11 '"n/0,
reasonable care to redact each Social Security A •WE
number in this document, unless required by Iaw. �atSTfq-. :l
4- o ooh'
No,
LS29800016:
WITNESS MY SIGNATURE THIS 11TH DAY OF
FEBRUARY, 2008.
MARK A. WESTON, PLS #298000016
OWNER /DEVELOPER:
THE 4 C GROUP
14750 BEACON PARK DR.
CARMEL, IN 48032
PH: 317 -501 -3592
DEED OF DEDICATION
We, the undersigned, The 4 C Group, an Indiana Partnership, as
owners of the real estote shown and described herein, do hereby
certify that we have laid off, plotted and subdivided, and do hereby
lay off, plat and subdivide, said real estate in accordance with the
within plat.
The subdivision shall be known and designated as Carlson Corner an
addition to The City of Carmel All streets and alleys shown and not
heretofore dedicated, are hereby dedicated to the public. The
subdivision consists of 4 lots numbered 1 through 4 and easements
as shown hereon.
Front and side yord building setback lines are hereby established as
shown on this plot, between which lines and the property lines of the
street there shall be erected or maintained no building or structure.
There are strips of ground 15 feet, 20 feet, 25 feet, 30 feet and 35
feet in width as shown on this plat and marked 'Easement', reserved
for the use of public utilities for the Installation of water and sewer
mains, poles, ducts, lines and wires, subject at all times to the
proper authorities and to the easement herein reserved. No
permanent or other structures ore to be erected or maintained upon
said strips of land, but owners of lots In this subdivision shall take
their titles subject to the rights of the public utilities.
The foregoing covenants, or restrictions, are to run with the land and
shall be binding on all parties and all persons claiming under them
until Januory 1, 2035, at which time said covenants, or restrictions.
shall be automatically extended for successive periods of 10 years
unless changed by vote of a majority of the then owners of the
buildings covered by these covenants, or restrictions, in whole or in
part. Invalidation of any one of the foregoing covenants or
restrictions, by judgment or court order, shall in no way affect any
of the other covenonts or restrictions, which shall remain in full force
and effect.
The right to enforce these provisions by injunction, together with the
right to cause the removal, by due process of law, of any structure
or part thereof erected or maintained in violation hereof, is hereby
dedicated to the public. and reserved to the several owners of the
several lots in this subdivision and to their heirs and assigns.
Witness my Hands and Seals this 1fit. day of
r
Allan Q Carlson, Partner
STATE IF
hnn n n 1 1,o 0
BADGER
ENGINEERING
107 S. MERIDIAN ST., STE 201
Lebanon, IN 46052
(765) 485 -0000
2008.
The 4 C Group
Craic�A. Car son, Partner
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned No
the County and State, personally appeared Allen' G
Carlson Mary Carolyn Carlson Craig A. Carlson
Deborah J. Carlson, and eoch seperately and severally
acknowledged the execution of the foregoing instrument
as his or her voluntary act and deed, for the purpose
herein expressed. pQ�.
Wltnes my Hands and Seals this day of
2008.
Notary Public:
My Commission expires: 7-- 7 4 t� •I
I am a resident of OP ode County
Design By
CCB
Drawn By
MAW
BOARD OF PUBLIC WORK AND SAFETY CERTIFICATE
THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF
PUBUC WORKS AND SAFETY OF THE CITY OF CARMEL,
INDIANA, AT A MEETING HELD:
JAMES BRAINARD, MAYOR
MARY ANN BURKE, MEMBER
LORI WATSON, MEMBER
DIANE CORDAY, CLERK TREASURER
TOWN- OF- NOMEPLACE CLAY TOWNSHIP, HAY:VON- COUNTY,
Checked By
CCB
COMMISSION'S CERTIFICATE
UNDER AUTHORITY PROVIDED BY CHAPTER 174. ACTS OF
1947, ENACTED BY THE GENERAL ASSEMBLY OF THE
STATE OF INDIANA, AND ALL ACTS AMENDATORY
THERETO, AND AN ORDINANCE ADOPTED BY THE
COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
THIS PLAT WAS GIVEN APPROVAL BY THE CITY OF
CARMEL. AS FOLLOWS:
Adopted by the Carmel /Clay Plan Commission at o
meeting held
12 Wciti 2Qog
CARMEL CLAY LAN CO ISSIO
BY:
DEPAR ITT OF UNITY SERVICES
SECONDARY PLAT
CARLSON CORNER
Ludlam
Approved By
MAW
Director
Date
4/15/08
Job No. 04 -001
Scale
NONE
Sheet No.
2 -00 -2