DECLARATION
OF COVENANTS,
CONDITIONS
AND RESTRICTIONS
FOR
GRASSY KNOLL
THIS
DECLARATION, made this 9th day of August, 1993, by M-N ENTERPRISES,
an Indiana partnership, its successors or assigns (hereinafter referred to as
the “Developer”).
WITNESSETH:
WHEREAS, the Developer is about to plat,
sell and convey residential lots situated on the Real Estate Development and
before doing so desires to subject and impose upon all Real Estate within the
platted areas of the Development mutual and beneficial restrictions, covenants,
conditions and charges (hereinafter referred to as the “Restrictions”) under a
general plan or scheme of improvement for the benefit of the lots and lands in
the Development and the future owners thereof;
WHEREAS, the Developer is the Owner of the
lands contained in the area shown on Exhibit “A”, to be subdivided and platted
into a subdivision known as “GRASSY KNOLL”, (hereinafter referred to as “Real
Estate”), attached hereto and made a part hereof, which lands have been or will
be subdivided for development of housing (hereinafter referred to as the
“Development”), and will be more particularly described on the plats of the
various sections thereof and will be recorded in the Office of the Recorder of
Hamilton County, Indiana; and
NOW, THEREFORE, the Developer hereby declares that all of the
platted lots and lands located within the Development as they become platted
are held and shall be held, conveyed, hypothecated or encumbered, leased,
rented, used, occupied and improved, subject to the following Restrictions, all
of which are declared and agreed to be in furtherance of a plan for the
improvement and sale of said lots and lands in the Development, and are
established and agreed upon for the purpose of enhancing and protecting the
value, desirability and attractiveness of the Development as a whole and of
each of said lots situated therein. All
of the Restrictions shall run with the land and shall be binding upon the Developer
and upon the parties having or acquiring any right, title, or interest, legal
or equitable, in and to the real property or any part or parts thereof subject
to such Restrictions, and shall inure to the benefit of the Developer’s
successors in title to any real estate in the Development. The Developer specifically reserves unto
itself the right and privilege, prior to the recording of a plat by the
Developer to exclude any part of the Real Estate described as Exhibit “A” from
the Development.
1. DEFINITIONS. The following are the definitions of the
terms as they are used in the Declaration:
A. “Committee” shall mean the Development
Control Committee, composed of three (3) members appointed by the Developer,
who shall be subject to removal by the Developer at any time, with or without
cause. Any vacancies from time to time
existing shall be filled by appointment of the Developer until such time as the
subdivision is 100% developed, at which time the Developer shall turn over
responsibilities to a Property Owners’ Association comprised of the Owners who
shall select from its membership not less than three (3) or more than five (5)
members to serve as the committee for the enforcement of these covenants,
conditions and restrictions.
B. “Lot” shall mean any parcel of real estate,
whether residential or otherwise, described by one of the plats of the
Development which is recorded in the Office of the Recorder of Hamilton County,
Indiana.
C. “Owner” shall mean a person who has or is
acquiring any right, title
or interest, legal or equitable, in and to a Lot, but excluding these persons
having such interest merely as security for the performance of an obligation.
D. “The Committee” shall be created and its
membership shall consist of the persons appointed by Developer or lot owners
who pay mandatory assessments annually for liability insurance and maintenance
costs for drainage easement area and signage easement area.
E. “Signage Easement Areas” shall mean those
areas set aside for signage easement area structures at the street entrance, as
shown on the plat or plats of Grassy Knoll, if any.
F. “Association” shall mean the Grassy Knoll
Property Owners’ Association, Inc., an Indiana not-for-profit Corporation,
comprised of Owners of Lots within the plats of the subdivision known as Grassy
Knoll whose powers, duties and general conduct of affairs of the Association
shall be more particularly set out in its Articles of Incorporation and
By-Laws. Such Association shall be
formed prior to the sale of any Lots within the subdivision or within a
reasonable time thereafter.
G. Signage easement areas and structures
thereon, as well as lane-divided parkways, shall be maintained by the Developer
until such time as the responsibility therefor is turned over to the
Association by the Developer.
H. Block “A” shall be under the control of the
Developer until conveyed to the Association as set forth herein. The use, enjoyment and maintenance of Block
“A” shall be controlled by the Developer during the development of this project
and by the Association after conveyance to the Association.
2. Power of Committee.
A. In General. No dwelling building structure, fencing or improvement of any
type or kind (excluding landscaping) shall be constructed or placed on any lot
in the Development without the prior approval of the Committee. Such approval shall be obtained only after
written application has been made to the Committee by the Owner of the lot
requesting authorization from the committee.
Such written application shall be in the manner and form prescribed from
time to time by the Committee, and the Committee may require a set of plans and
specifications for any such proposed construction or improvement. The Committee may require that such plans
include plot plans showing the location of all improvements existing upon the
lot and the location of the improvements proposed to be constructed or placed
upon the lot, each properly and clearly designated, and that such plans and
specifications set forth the color and composition of all exterior materials
proposed to be used and any proposed landscaping, together with any other
material or information which the Committee may require.
B. Power of Disapproval. The Committee may refuse to grant permission
to construct, place or make the requested improvement, when:
(1)
The plans, specifications, drawings or other
material submitted are themselves inadequate or incomplete, or show the
proposed improvement to be in violation of these Restrictions;
(2) The design or color scheme of a proposed
improvement is not in harmony with the general surroundings of the lot or with
adjacent buildings or structures, including trim, siding, roof and brick
colors;
(3) The proposed improvement or any part thereof
would architecturally, in the
reasonable judgement of the Committee, be contrary to the interest, welfare or
rights of all or any part of other Owners.
3. Duties of Committee. The Committee shall approve or disapprove
proposed improvements within fifteen (15) days after all required information
shall have been submitted to it. A copy
of submitted materials shall be retained by the Committee for its permanent
files. All notifications to applicants
shall be in writing, and, in the event that such notification is one of
disapproval, it shall specify the reason or reasons. The Committee shall further affix its signature of approval upon
two (2) site plans for purposes of obtaining an Improvement Location Permit
from the Town of Westfield, Indiana.
4. Liability of Committee. Neither the Committee nor any agent thereof,
nor Developer, shall be responsible in any way for any defects in any plans,
specifications or other material submitted to it, nor any defects in any work
done according thereto.
5. Inspection. The Committee may inspect work being performed
with its permission to assure compliance with these Restrictions and applicable
regulations.
6. Rules
Governing Building on Several Contiguous Lots Having One Owner. Whenever two or more contiguous Lots in the
Development shall be owned by the same person, and such Owner shall desire to
use two or more of said Lots as a single building site for residential use, he
shall apply in writing to the Committee for permission to so use said
Lots. If permission for such a use
shall be granted, the Lots constituting the site shall be treated as a single
Lot for the purpose of applying these Restrictions to said Lots, so long as the
Lots remain improved.
7. Remedies.
A. In General. Any party to whose benefit these
Restrictions inure, including Developer, any Property Owner or any association
of property owners within the Development or the Zoning Authority of the Town
of Westfield, Indiana, may proceed at law or in equity to prevent the
occurrence or continuation of any violation of these Restrictions, but neither
Developer nor an association of property owners shall be liable for damages of
any kind to any person for failing to enforce or carry out any of these
Restrictions.
B. Delay or Failure to Enforce. No delay or failure on the part of any
aggrieved party to invoke any available remedy with respect to a violation of
any one or more of these Restrictions shall be held to be a waiver by that
party (or an estoppel of that party) to assert any right available to him upon
the occurrence, recurrence or continuation of such violation or violations of
these Restrictions.
C. Costs and Attorney’s Fees. In the event the Committee or the
Association is required to retain attorneys or engage in civil proceedings in
order to enforce the terms and provisions of this Declaration, the Committee or
Association shall be entitled to recover its costs, including reasonable
attorneys’ fees, and all such costs shall constitute a lien upon the Lot or
Lots involved in the same manner as the assessments for common areas provided
for herein.
8. Effect of Becoming an Owner and Lien of Assessment.
A. The Owners of any
Lot subject to these Restrictions, by acceptance of a deed conveying title
thereto, or the execution of a contract for the purchase thereof, whether from
Developer or a subsequent Owner of such Lot, shall accept such deed and execute
such contract subject to each and every Restriction and agreement herein
contained. By acceptance of such deed
or execution of such contract, the Owner acknowledges the rights and powers of
Developer with respect to these Restrictions and also for themselves, their
heirs, personal representatives, successors and assigns. Such Owner covenants and agrees and consents
to and with Developer and to and with the Owners and subsequent Owners of each
of the Lots affected by these restrictions to keep, observe, comply with and
perform such Restrictions and agreements.
Each Owner by acceptance of a deed shall automatically become a member
of the Association and subject to the mandatory lien of assessment for
maintenance of the Signage Easement Areas and structures located thereon and
payment for drainage easement area expense and expenses associated with Block
“A.” The Developer will turn over
control of the Association to the Owners at the Developer’s discretion. Title to Block “A” shall be conveyed to the
Association not earlier than the date of sale of the 66th lot sold
in Grassy Knoll.
B. Developer shall initially pay the costs of
liability insurance and maintenance costs for any drainage easement area and
signage easements. When the Developer
elects to turn over control of the Association to the property owners, the
property owners shall elect from among its membership not less than three (3)
nor more than five (5) property owners who shall act as its Board of Directors
and Development Control Committee.
After Developer turns over control of the Association, the Association
shall fix annual assessments for the above described costs and each Lot in the
Development. Payment of such assessments shall be mandatory as to each property
owner, shall constitute a continuing lien upon the property of that property
owner, collected in the same manner and under the same provisions of the
mechanic’s lien laws of the State of Indiana, I.C. § 32-8-3-1, et seq, provided that any such lien shall be
subordinate to the lien of any first mortgagee taking title to a lot upon
foreclosure by such mortgagee or any first mortgagee taking title to a lot in
lieu of foreclosure and upon such foreclosure (or taking) title in lieu
thereof, such mortgagee shall take such title free and clear of any prior liens
or assessments against such lot. The
assessment to each property owner will initially be Twenty Dollars and No Cents
($20.00) per year. Such assessment may
be increased by vote of the Board of Directors of the Association, pursuant to
the Articles of Incorporation of the Association.
9. Use Restrictions.
All lots in this subdivision and all present and future owners or
occupants thereof shall be subject to the following development standards which
shall run with the land.
A. No structure or any part thereof, other than a hedge, which shall
first have been approved as provided herein, shall be erected, placed or
maintained on any lot nearer to the front or street line or lines than the
building setback line or lines shown on the recorded plat. No structure of any sort shall be erected,
placed or maintained on any lot nearer to any side lot line or rear lot line
than is permitted by the appropriate zoning and building requirements of
Westfield, Indiana.
B. No portion of any residential lot or
structure thereon shall be used or permitted to be used for any business
purpose whatsoever; provided, however, the foregoing shall not apply to the
various activities or the construction and maintenance of buildings, if any, of
Owner, its agents or assigns, during the construction and sale period. In addition, no noxious, offensive, or
unreasonably disturbing activity shall be carried on upon any part of said subdivision,
nor shall anything be done thereon which may be or become an annoyance or
nuisance in said subdivision.
C. No trailer, tent, shack, garage, barn, car,
or other temporary shelter or housing device shall be maintained or used as a
residence, temporarily or permanently, in said subdivision, except by Owner
during construction of the project. No
dwelling erected in said subdivision shall be used as a residence until the
exterior thereof either has been completed in accordance with the detailed plans
and specifications approved therefor as provided herein or sufficient funds
have been placed in escrow to assure such completion as weather conditions
permit.
D. No
clotheslines shall be located on any lot.
E. No portion of any residential lot, except the
interior of the residential dwelling located thereon and appurtenant garage,
shall be used for the storage of automobiles, trailer, boats, motorcycles or
other vehicles, whether operative or not, scrap, scrap iron, water, paper, or
glass, or any reclamation products, parts or materials, except that during the
period an improvement is being erected upon any such lot, building materials to
be used in the construction of such improvement may be stored thereon;
provided, however, any building material not incorporated in said improvement
within ninety (90) days after its delivery to such lot shall be removed
therefrom. All improvements must be
completed by an owner within one (1) year from the date of the beginning of the
construction thereof. No sod, dirt or
gravel other than incidental to construction of approved improvements shall be
removed from said lots without the written approval of the Association or its
successors and assigns.
F. No portion of any
lot nearer to any street than the building setback line or lines shown upon the
recorded plat of said subdivision shall be used for any purpose other than that
of a lawn; provided, however, this covenant shall not be construed to prevent
the use of such portion of said lot for walks, drives, trees, shrubbery,
flowers, flower beds, ornamental plants, hedge, or other enclosure which shall
first have been approved by the Association or Committee for the purpose of
beautifying said lot, but shall be construed to prohibit the planting or
maintaining of vegetables and grains thereon except upon terms and conditions
acceptable to and approved by the Developer or the Association.
G. No weeds, underbrush, or other unsightly
growths or objects of any kind shall be placed, be permitted to grow, or
suffered to remain on any part of said premises. All lawn areas shall be maintained in a neat and orderly manner
and shall be mowed not less than is needed to maintain the lawn equal to or
better in appearance than the surrounding neighborhood in general.
H. No trash burner, outdoor fireplace, or other
device expelling gas or smoke shall be placed within twenty (20) feet of any
adjoining lot line.
I. 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, that they are limited in number so as not to become a
nuisance or disturbance to others, and that they are not permitted to run
loose.
J. No sign or billboard of any kind shall be
erected or maintained on any lot except (1) signs approved by the Association,
and (2) signs used by Owner, its successors and/or assigns, to advertise lots
and residences for sale during the construction and initial sales period.
K. No lot owner shall alter, impair or change
any easement without first obtaining the written consents of the Association
and the lot owner or owners for whose benefit such easement exists.
L. All rubbish and debris, combustible and
non-combustible, and all garbage shall be stored in underground containers, or
stored and maintained in containers entirely within the garage or
basement. However, rubbish, debris,
combustible and non-combustible, and garbage may be stored in outside
containers if approved by the Association.
Additional regulations for the storage, maintenance and disposal of
rubbish, debris, leaves and garbage may from time to time be established by the
Association or their successors and assigns.
M. No individual water supply system or sewage
disposal system shall be permitted on any lot without prior written approval by
the Association and governmental authorities, and, if approved, will be located
and constructed in accordance with requirements, standards and recommendations
of the Indiana State Board of Health.
No geothermal system shall be installed without prior approval by all
applicable agencies. Solar heating
systems of any nature must be approved by the Association as to design and
aesthetic quality prior to construction.
Lot owners are hereby advised that solar heating systems will not be
approved unless their design blends aesthetically with the structure and
adjacent properties.
N. Drainage ditches and swales have been
constructed by Developer to create paths and courses for area and local storm
drainage to serve the needs of the subdivision. It shall be the individual responsibility of each landowner to
maintain the drainage across his own lot and between each owner’s lot and that
of a neighbor. Under no circumstances shall
any swale or ditch be blocked in any manner by the construction or
reconstruction of any improvement, nor shall any grading restrict, in any
manner, the waterflow. 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 or by Developer and the Association.
O.
Each Owner of a Lot in the Development, other than the Developer, shall install
a yard light at the time a house is constructed upon the Lot. Each light must be controlled by an electric
eye so that it will be lighted from dusk to dawn. Each Owner of a Lot in the Development, other than the Developer,
shall plant and maintain at least two (2) trees in the front yard of each Lot
owned by such Owner.
P. Drainage easements will be shown on the plats
of the Real Estate. The Developer and
thereafter the Association shall maintain liability insurance coverage on such
areas.
Q. No outhouses of any kind shall be erected or
situated on any lot herein, except that used by a builder during the
construction of a residential building on the property, which temporary
structure shall be promptly removed upon completion of construction of the
building.
R. Each residence constructed on a Lot shall
have a continuous sidewalk from the driveway to the front door or porch.
S. No antenna in this subdivision shall exceed
five (5) feet above a roof peak.
T. No satellite dishes shall be installed or
permitted in this subdivision.
U. A storage shed or mini-barn may be erected on
a Lot. The style of the structure will
be determined by the Committee. The
size of the structure shall not exceed 8’ x 12’.
V. All Lots shall be accessed from the interior
streets of this subdivision.
W. The Association or zoning authorities of
Westfield, Indiana, shall have the authority to institute an action for
injunction to abate any activity in violation of these plat restrictions and
covenants or any rules and regulations regarding the use and maintenance of
drainage detention areas and related drainage and utility easement areas that
have been established pursuant to the provisions hereof, or to seek mandatory
relief for the correction of any damage caused to such drainage system,
detention and easement areas, together with any damages incurred, and upon
recover of judgment shall be entitled to costs of the action together with
reasonable attorneys’ fees.
10. Duration. The foregoing covenants, conditions and restrictions are to run
with the land and shall be binding on all parties and all persons claiming
under them until January 1, 2018, at which time said covenants, conditions and
restrictions shall be automatically extended for successive periods of ten (10)
years. Changes or amendments in these
covenants, conditions and restrictions may be made by vote of those persons
(including Developer) who are then the Owners of a majority of the numbered
Lots in the Development. Any such
change shall not be effective until recorded in the Office of the Recorder of
Hamilton County, Indiana. No change
affecting the rights or obligations of Developer hereunder shall be effective
without the written consent of Developer.
11. Compliance with Federal Requirements. This Declaration and Plat Restrictions of
the various plats of the proposed development shall comply with all seller’s
special warranties required by the Federal Home Loan Mortgage Corporation and
the requirements of the United States Department of Housing and Urban
Development.
12. 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.
IN
WITNESS WHEREOF, witness the signature of Declarant this 9th Day of August,
1993.
M-N ENTERPRISES, an Indiana
partnership
 By
Keith F. Macy, Partner
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