54.85 PAR 7566/3325 2, NE 1/4, SEC. 36, T14N, R3E 55.00 (BK. 221 PG.
חי 55.00 WESTRIDGE WHITE RIVER TOWNSHIP GREENWOOD, INDIANA 455.20 U.
55.01 41°09'00' 83.58 130.03 ✓ U. E.S 88°50'39" W 5001 21 7,301 s. f.
R/W 59.71 D. & U.E.
160.03 82 7.5' D.
8,081 s. f.
N 90°00'00' W 105.00 N 90°00'00 W 130.00 20 7,150 s. f.
N 90°00'00' W 130.00 7.5 19 7,150 s.f.
D. & U.E.
N 90°00'00' W 130.00 18 7.150 s.f.
130.00 17 7,150 s. f.
N 90°00'00' W 130.00 16 7,150 s. f.
N 90°00'00' W 55.00 ,00,00.00 N 162.56 63.36 81 8,179 s.f.
80 6,069 s.f.
L=2.68 87.32 N 90°00'00' W 127.32 87.32 68 7,651 s.f.
.00.00.00 148.03 60.12 79 78 L=55.03 L=55.16 S 01°09'21" E 28.00 S 88°50'39" 216.00 61.19 15' 77 7,811 s.f.
S 16 L=52.71 L=2.71 to L=32.00 L=2.68 25.19 2 S 90°00'00' 105.00 67 5,590 s.f.
110.00 ՐԸ N L=55.03 اليا 69 5,988 s.fo 17.78 L=40.97 COURT 03°31'39 B 115.16 154.81 D.
& U.
E.
76 11,848 s.f.
55' 44°28'45' E 185.41 L=39.76 75 12,918 s.f.
S8726'24 115.18 74 12,347 s.
R=1106.25 CURVE NO. 3 L=55.18 10' D. & U. E.
46.02 70 6,078 s.f.
71 Z 6,011 s.f FB.
72 6,650 sf.
51.52 55.21 50.22 73 11,897 s.f.
S 46°55'44' E 175.99.
ESMT. (B 161.7 160.59 E 1/2, W 1/2, NE 1/4, SEC. 36, T14N, R3E-Specific 1280.00' GRAPHIC N.E. COR. E 1/2, W 1/2 N.E. 1/4, 36-14-3 SCALE 408.89 54.85 55.00 U.
2 130.03 21 7,301 s.f.
N 90°00'00' W 130.00 | 20 7,150 s.f.
IN 90°00'00' W 130.00 19 7,150 s.f.
N 90°00'00' W 130.00 18 17.150 s.f N 90°00'00' W 130.00 17 7,150 s.f.
N 90°00'00' W 130.00 16 7,150 s.f.
N 90°00'00' W 130.00 WEST LINE, 55.00
00'00' W 130.00 19 7,150 s.f.
N 90°00'00' W 130.00 18 17.150 s.f N 90°00'00' W 130.00 17 7,150 s.f.
N 90°00'00' W 130.00 16 7,150 s.f.
N 90°00'00' W 130.00 WEST LINE, 55.00 E/1/2, W 1/2, NE 1/4, SEC. 36, T14N, R3E 20' ESMT.
CAK. 221.
55.00 15 7,150 s. f.
ON 90°00'00' W 130.00 14 7,150 s.f.
IN 90°00'00' W 130.00 13 7.150 sf.
N 90°00'00' W 130.00 12 7,150 s.f.
N 90°00'00' W 130.00 3.00.00.00) S 404.18 U₁ 55,00 S 88°50'39" W 455.20 6012 160.03 55.01 E.
7.5' 5001 50' R/W 59.71 & U.E.
3.00.00.00 N 162.56 63.36 20 B.S.L.
82 8,081 s.f.
N 90°00'00' W 105.00 81 8,179 s.f.
41°09′00° 83.58 00,00.00 80 6,069 s.f.
79 78 77 7.811 s. f.
L=2.6887.32 N 90°00'00' W 127.32 PUBLIC RIGHT-OF-WAY > WESTRIDGE BOULEVARD 52.00 58.32 52.00 52.00 10 87.32 L=2.68ليا 2519 L=55.03 L=55.16 L=2.71 L=52.71 L=32.00 L=55.03 النا R=1106.25 CURVE NO. 3 L=55.18 L=40.97 10' D. & UE.
ليا COURT =17.201 =20.51 L=46.02 28.00 128 S 88°50'39" W.
216.00 154.81 61.19 15' D.
& U.
E.
55' 76 11,848 s.f.
N 44°28'45′ E 185.41 75 12,313 s.f.
=39.76 87 26'24 115.18 74 12,347 s..
-Specific Седая 4 20' UNDERGROUND ELEC. LINE ESMT.
1880.87 160.44 161.7 160.59 EAST LINE, E 1/2, W 1/2, NE 1/4, SEC. 36, T14N, R3E68 7,651 s. f.
S 90°00'00' 105.00 67 5,590 s.f.
110.00 66 5,720 s. f.
$ 90°00'00' 110.00 65 5,720 s.f 90°00'00 € 110.00 64 5,720 s.f.
69 5,988 s.fo 58.83 17.78 51.52 70 6,078 s.f.
71 Z 6,011 s.f 04°12'16' 112.76 72 6,650 s.f.A.
15.62 99'611 05:29°32' 52.24 52.00 90°00'00' E 110.00 63 7,966 s. f.
95.00 55.21 50.22 2513 60.00 15.99' 72.73 72.86
15.62 99'611 05:29°32' 52.24 52.00 90°00'00' E 110.00 63 7,966 s. f.
95.00 55.21 50.22 2513 60.00 15.99' 72.73 72.86 COMMON AREA N 73°23'34' W 83.95 60 3 62 61 7,150 sf.
6,551 s. f.
6,940 s.j.
20 60.00 42.70 49.2 L=17.50 D.&U.E.
73 11,897 s.f.
S 46°55'44' E 175.99 N 88°04'55 E 161.37 N 71°24'59' W 98.44 59 8,599 s.f.
N 83°26'58 76.24 57.86 52.00 N 90 0 80 GRAPHIC SCALE 40 80 ( IN FEET ) 1 inch = 80 It 160 ESMT.
000306, ilean N 90.0000 130.00 18,200 55.00 เบะบบ 55.00 57.86 15 7,150 s.f N 90°00'00' W 130.00 14 7.150 sf.
90°00'00' W 130.00 13 7,150 s. f.
N 90°00'00' W $130.00 12 7,150 s. f.
$0.00'00 W 130.00 11 7,150 s. f.
90°00'00' W 130.00 10 7,150 s.f 90°00'00' W 130.00 9 7,150 s. f.
N 90°00'00' W 130.00 8 7,150 s. f.
N 90°00'00" W 130.00 7 7,150 sf.
N 10°00'00' W 130.00 55.00 55.00 55.00 55.00 55.00 55.00 WESTRIDGE BOULEVARD 55.00 55.00 3.00.00.00 N 637,10 55.00 3.00.00.00 S 404.18 52.00 52.00 N DOFTLJU 161.37 5,720 s.f.
90°00'00' 110.00 65 5,720 s.f.
S 90°00'00 110.00 64 5,720 s.f.
D. E.
ليا M. E S 90°00'00′ E 110.00 63 7,966 s. f.
95.00 60.00 29 8.814 s.f 1.00.00.00 VAR. D.
N 90°00'00' W 60.00 115.99 62 6,551 s.f.
.00.00.00 N 87°02'48' W 72.73 109.19 61 7,150 s. f.
60.00 42.70 L=17.50 IN 90°00'00' W 237.70 60.00 60.00 L 20' B S.
Aα لعا 1.00.00.00 .00.00.00 103.95 COMMON AREA N 73°23'34' W 83.95 60 6,940 sf 20 B.
L=49,25 3 N 71°24′59 W 98.44 L=52.40 59 8,599 s.f.
L=196.35 R =125.00 CURVE NO. 2 80.1 S 45°30'43' 135.52 =44.84 =44,83 L=26.81 103.16 56.00 S 118.16 30 7,090 s.f.
7.5' D. & 75.00 U. E.
W 7.5' D. & U. E.
N 90°00'00 56.00 6.44' 56.00 8.59 จ E.
56.00 56.00 20' B S. L.
28 8,775 s. f.
60.00
S 45°30'43' 135.52 =44.84 =44,83 L=26.81 103.16 56.00 S 118.16 30 7,090 s.f.
7.5' D. & 75.00 U. E.
W 7.5' D. & U. E.
N 90°00'00 56.00 6.44' 56.00 8.59 จ E.
56.00 56.00 20' B S. L.
28 8,775 s. f.
60.00 156.70 N 90°00'00' W 156.70 127 8,775 s.f.
118.16 31 6,817 f 21.70 40.85 N 90°00'00' W156.70 26 8,7775 s.f N 90°00'00' W 156.70 25 8,775 s.f.
N 90°00'00' W 156.70 24 8775 f 90°00'00 E 54.00 חי 32 10,089 s.f.
S 90°00'00' E 117.70 33 8,152 s. f.
N 90°00'00' W 156.00 34 8,424 s.f.
156.00 35 8,424 s.f.
N 90°00'00' W 156.00 36 8,424 s.f.
N 90°00'00' W 156.00 37 8,424 s.f.
N 90°00'00' W 156.00 38 8,424 s.f.
64.00 50' R/W 54.00 9861 E.
54.00 54.00 WESTRIDGE PLACE 60.00 60.00 24.70 58 11,622 s.f.
S 62°38'17 W 164.33 57 9,766 s.f.
S 79°45'35' W 133.73 56 8,229 s.f.
N 90°00'00' W 129.24 55 7,755 s.f.
N 90°00'00' W 129.27 54 7,757 s.f.
S 90°00'00' E 129.30 53 7,759 s.f..
IN 90°00'00 W 129.33 52 7,760 s. f.
N 90°00'00' W 129.35 E 00:00 5 00'09 ن 60.00 00'09 N 00°01'34" ELEC.
- EAST LIN 1380.87 UNDERGROUND 160.44 N 83°26'58* 76.24 80 40 80 160 ( IN FEET ) 1 inch = 80 It.
70 11,622 s.f.
B. S. L.
A. E.
M. E.
S. E.
N. D. E.
☐ ° LEGEND LOT NUMBER LOT AREA (SQUARE FEET) BUILDING SETBACK LINE DRAINAGE & UTILITY EASEMENT ACCESS EASEMENT MAINTENANCE EASEMENT SIGN EASEMENT NO DRIVEWAY EASEMENT 4" x 4" CONCRETE MONUMENT 30" COPPERWELD CENTERLINE MONUME CURVE DATA TABLE CURVE NO.
ARC RADIUS 1 196.35' 2 196.35' 51 3 225.93' 125.00 125.00' 1106.25' DELTA 90°00'00 90°00'00 11°42'06 CHORD LENGTH CHORD BRG.
TAN.
LEN 176.78' 176.78' 225.54' N 45°00'00 E.
125 N 45°00'00 W 125 7.503 s.f.
N 28°31'52′ W 5 10 S. J.
' s. f.
0" W SI NUUUUU 129.35 51 7.503 s.f.
W NU 1 196.35' 125.00 90°00'00 176.78
N.
LEN 176.78' 176.78' 225.54' N 45°00'00 E.
125 N 45°00'00 W 125 7.503 s.f.
N 28°31'52′ W 5 10 S. J.
' s. f.
0" W SI NUUUUU 129.35 51 7.503 s.f.
W NU 1 196.35' 125.00 90°00'00 176.78 125.00 2 196.35' 125.00' 90°00'00 176.78 N 45 00:00% 125.00 3 225.93' 1106.25' 11:42:06 225.54 113.36' N 90°00'00' W 129.38 50 7.117 s.f IN 90°00'00' W 129.40 49 8,418 s.f 138.51 -Specific description WEST 646.30 .00.00.00 S 205.05 56.00 56.00 117.94 124.33 24 8,775 s.f.
S 90°00'00 E 156.70 23 3.775 s. f.
NB00000 b 75.00 7.5' 22 9.922 sf B.S.L. & 60,001 R 156.70 6000 ON 540204 47.32 156.00 50' R/W 8,424 s. f.
38 N 90°00'00 W.
10' 156.00 39 7,892 s.f.
IN 90°00'00' W 117.70 D. & U.
40 10,231 s.f.
3.00.00.00 42 7.977 s. f.
20' 60.00 N 90°00'00 W 237.70 B. S. L.
60.00 17.70 ( PUBLIC RIGHT-OF-WAY > 145.00 43 21,986 s.f 132.94 41 7.444 s.f.
.00.00.00 S 105.15 L=11.05 42.70 20' 44 7,963 s. f.
135.59 L=50.97 157.08 R=125.00 CURVE NO. 1 L=196.35 L=45.13 45 10,873 s.f.
L=45.39 L=45.37 L=32.70" 55.00 58.00 S 58°16'17 E 178.60 47 16,710 s.f.
N 40°55'55' 221.07 46 13,593 s.f.
70' R/W 160.03 97.20' .00.00.00 136.10 20' 48 10,716 s.)
20' UTILITY ESMT.
_ 40' B.
S.
L D.
U.
63.74 103.06 119.07 36.44 36-14-3 308.76' SEC. 36, T14N, R3E S 88°50'39" W MAIN STREET 672.40 S.W. COR. E 1/2, W 1/2 N.E. 1/4, 36-14-3 101.06 10' JOHNSON SUBURBAN ESMT GR S.E. COR. NE 1/4 36-14-3 SOUTH LINE, EAST 1/2, NE 1/4, SEC. 36, T14N, R3E 1344.80' SHEET 1 of 3 MAURER & ASSOCIATES, INC.
Suite #46 LAND DEVELOPMENT, SURVEYING, and BUILDER'S SERVICES 1676 Stonegate Drive Greenwood, Indiana (317) 881-3898 46142 8 7,150 s.f.
130.00 17 7,150 s. f.
V 20˚00'00' W 130.00 18,200 90-0000 130.00 28°31'52' 5
, SURVEYING, and BUILDER'S SERVICES 1676 Stonegate Drive Greenwood, Indiana (317) 881-3898 46142 8 7,150 s.f.
130.00 17 7,150 s. f.
V 20˚00'00' W 130.00 18,200 90-0000 130.00 28°31'52' 5 19,030 s.f.
IN 90°00'00' W 130.00 4 7,150 s.f.
N 90°00'00" W 1 130.00 3 6,903 1 90°00'00' W 20.00 6,600 s.f.
120.00 1 |10,946 sf 40' B.SI D., & U.E.
120.03 | 646.30 is 3.00.00.00 N WESTRIDGE BOULEVARD 637.10 54.00 3.00.00.00 S חי 387.10 54.00 arc 19.86 WESTRIDGE PLAC 56.00 56.00 56.00 8.59 -6.44' D.
& E.
56.00 צ' ד' 56.00 56.00 20' B.
117.94 28 8,775 s.f N 90°00'00' W 156.70 727 8,775 s.f.
COST 7.5' 26 8,775 s. f.
N 90°00'00' W .156.70 25 8,775 s.f.
N 90°00'00' W 156.70 24 8,775 s.f.
S 90°00'00' E 156.70 23 3,775 s.f.
N 90'00'00 W 75,00 7.5' 22 9,922 sf .00.00.00 חי 56.00 54.00 15.04 56.00 n D.
56.00 ☑ & 54.00 8,152 s. f.
156.00 34 8,424 s.f.
N 90°00'00 156.70 _60,00 U.
21540 .00.00.00 132.94 156.00 47.32 41 42 7,977 s.f.
7,444 s.f.
35 8,424 s.f.
N 90°00'00' W 156.00 36 8,424 s.f.
156.00 37 8,424 s.f.
IN 90°00'00' W 156.00 38 8,424 s.f.
IN 90°00'00 W 10' 156.00 39 7,892 s.f.
IN 90°00'00' W 117.70 D. & U.
40 10,281 5.f.
E.60.00 60.00 N90°00'00 W 237.70 60.00 E.
117.70 ( PUBLIC RIGHT-OF-WAY > 54.00 54.00 54.00 1=157.08 CURVE NO. 1 L=45.13 R=125.00 L =196.35 L=45.39 145.00 .00.00.00 S 205.05 124.33 D.& U.E.
43 21,986 s.f.
3.00.00.00 L=11,05 42.70 20' B.
44 7,963 s.f.
Z L=50.97 L.
136.10 45 10,873 s.f.
46 13,593 s.f.
40' B.
20' D.
U.
70' R/W 160.03 63.74 103.06 97.20' \ MAIN STREET N 40*55'55 221.07 00'09 3 60.00 60.00 E.
60.00 55 7.755 s.f.
IN 90°00'00" W 129.27 N ☐ °
6.10 45 10,873 s.f.
46 13,593 s.f.
40' B.
20' D.
U.
70' R/W 160.03 63.74 103.06 97.20' \ MAIN STREET N 40*55'55 221.07 00'09 3 60.00 60.00 E.
60.00 55 7.755 s.f.
IN 90°00'00" W 129.27 N ☐ ° 4" x 4" CONCRETE MONUMENT 30" COPPERWELD CENTERLINE MONUMENT CURVE DATA TABLE is 54 7.757 s. f.
S 90°00'00' E 129.30 53 7,759 s.f.
N 90°00'00' W 129.33 52 7,760 s.f.
N 90°00'00' W 129.35 51 7,503 s.f.
N 90°00'00' W 129.38 50 7,117 s.f.
N 90°00'00' W 129.40 49 8,418 s.f N 75°36′00 138.51 -specific description 55.00 58.00 48 10.716 s. f $ 58°16'17 E 178.60 47 16,710 s.f.
20' UTILITY ESMT. (B221 PG. 883) 119.07 36.44 40.01 10' JOHNSON SUBURBAN ESMT COR 202 CURVE NO.
ARC RADIUS 1 196.35' 2 196.35' 125.00' 125.00' 3 225.93' 1106.25' DELTA 90*00'00' 90°00'00' 11°42'06 CHORD LENGTH CHORD BRG.
TAN.
LENGTH 176.78' N 45°00'00' E 125.00' 176.78' 125.00' 225.54' S 84°08'57' E 113.36' SOUTH LINE, EAST 1/2, NE 1/4, SEC. 36, T14N, R3E S.E. COR. NE 1/4 36-14-3 C-596A S.W. COR. NE 1/4 36-14-3 92.42 574.03' 55.22 55.00 00,00.00 N WATERLINE NE 146.39 D.
U.
55.00 1408.89 55.00 WEST 13 7,150 s. f.
N 90°00'00 W 130.00 12 7.150 s.f.
$0.00'00 W 1130.00 1:30.00 9 7,150 sf N 90°00'00 30.00 8 7,150 s.f.
130.00 7 7,150 sf.
N 0*00'00' W 130.00 18,200 N 90°00000' 130.00 N 57.86 5,720 sf.
110.00 63 7,966 f 03.95 D. & U.E.
62 6,551 s.f 109.19 61 7,150 sf.
515 60.00 42.70 L=17.50 60 6,940 s. f.
20 B.
L=49,25 IN 90°00'00 W 237.70 60,00 60.00 60.00 17.70 10' 20 B D. & UE.S.
29 30 7090 31 32 6,817 10.089 J 54.0 W 15 1 55 8.59 _S.
L=52.40 L=196.35 R=125.00 CURVE NO L=157.08 _ 28°31'52 W 55.00 55.00 56.00 WESTRIDGE BOULEVARD 56.00 20' B. S.
56.00 56.00 3.00.00.00 N 637.10 56.00 646.30 117.94 28 8.775 f N 90°00'00 156.70 27 8,775 s.f
RVE NO L=157.08 _ 28°31'52 W 55.00 55.00 56.00 WESTRIDGE BOULEVARD 56.00 20' B. S.
56.00 56.00 3.00.00.00 N 637.10 56.00 646.30 117.94 28 8.775 f N 90°00'00 156.70 27 8,775 s.f 15' DUE 26 7.5' 8,775 s. f.
N 90°00'00 W 156.70 25 3,775 s.f N 90°00'00' W 156.70 24 8,775 s.f S 90°00'00′ E 156.70 23 3,775 s. f.
D.
& U. E W 75.00 156.70 60,00 22 9,922 s.f.
ليا 0,00.00.00 42 3,00,00.00 7,977 s. f.
S 20' B 60,00 60.00 132.94 33 56,00 15 LUE 35 TON 54020.
0.00.00 S 41 7,444 s.f B. S. L.
60.00 05.15 N 90'0 36 8.424 N 90°00'00 156.00 37 8,424 s.f N 90°00'00' W 156.00 38 8,424 s.f.
N 90°00'00' W 10' 156.00 39 7,892 s. f.
N 90°00'00 W 117.70 D. & U.
40 10,231 s.f.
5 19,030 s.f.
N 90°00'00 W 130.00 4 7,150 s. f.
N 90°00'00' W 130.00 3 5,903 sf 120.00 2 5,600 s.f.
N 90°00'00' W 120.00 0.945 10,946 s.f.
[40' B.S.L.
120.03 55.00 90.00 55.00 124.33 15'R.
90°00'00' W 237.70 115.00 43 21,986 s.f.
17.70 42.70 L=11.05 20' 44 7.968 s.f.
L=50.97 157.08 CURVE NO. 1 L=196.35 R=125.00 L=45.13 B. S. LTD. & U 45 10,878 s.f.
672.40' R/W 160.03 97.20' S.W. CDR. E 1/2, W 1/2 N.E. /4, 36-14-3 308.76' SOUTH LINE, W 1/2, NE 1/4, SEC. 36, T14N, R3E S 88°50'39" W 20' 63.74 D.
103.06 MAIN STREET 672.40 40' 3°41′31 02 урдо Covenants WESTRIDGE WHITE RIVER TOWNSHIP GREENWOOD, INDIANA The streets and public right-of-ways shown hereon, subject to construction standards and acceptance, are hereby dedicated to the public use, to be owned and maintained by the City of Greenwood.
We, the undersigned West Ridge Development, an Partnership, owner of the real estate shown and described herein, Indiana General do hereby lay off, plat and subdivide accordance
the City of Greenwood.
We, the undersigned West Ridge Development, an Partnership, owner of the real estate shown and described herein, Indiana General do hereby lay off, plat and subdivide accordance with the herein plat.
said real estate in This subdivision shall be known and designated as Westridge, an addition to the City of Greenwood, Johnson County, State of All streets and alley: and public open spaces shown and not heretofore dedicated are hereby dedicated to the public.
Indiana.
"DECLARATION All lands in this subdivision and the use subdivision by present and of the lands in this future owners or subject to the occupants shall be OF COVENANTS, RESTRICTIONS FOR WESTRIDGE SUBDIVISION", an addition to the City of CONDITIONS AND Greenwood, Johnson County , State of Indiana, as recorded in Book 66 in the Office of the Recorder of Page 269 Johnson County, Indiana, as Instrument No. 93020524 and shall run with the land.
The foregoing covenants are to run with the land binding on all parties and all persons claiming under them until and shall be January 1, 2015, at which time said automatically extended covenants shall be for successive periods of unless by vote of ten (10) years a majority of the then owners sites covered by of the building these covenants, it is agreed covenants in whole or in part.
to change such Invalidation of any one of the foregoing covenants by judgement or court order shall in no wise affect any of which shall remain in full force and effect.
the other covenants In order to afford adequate protection to all present and future owners of lots and tracts in this subdivision, the undersigned owners hereby adopt and establish the following covenants , each and all for the benefit of each and every owner of protective any lot or lots
s of lots and tracts in this subdivision, the undersigned owners hereby adopt and establish the following covenants , each and all for the benefit of each and every owner of protective any lot or lots in the subdivision, binding all the same, hereafter, and their grantees, their heirs representatives, their and where applicable, and now and personal successors and assigns.
pg@ I, PAUL MAURER, HEREBY CERTIFY THAT I AM A REGISTERED PROFESSIONAL LAND SURVEYOR LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA, AND I DO HEREBY FURTHER CERTIFY THAT I HAVE SURVEYED THE PROPERTY DESCRIBED HEREIN AND THAT I HAVE SUBDIVIDED THE SAME INTO LOTS AS SHOWN ON THE HEREIN DRAWN PLAT. THIS PLAT REPRESENTS SAID SURVEY AND SUBDIVISION.
LEGAL DESCRIPTION CORRECTLY Part of the East half of the West half of the Northeast quarter of Section 36, Township 14 North, Range 3 East, of the Second Principal Meridian, Johnson County, Indiana, more particularly described as follows: COMMENCING at the Northeast corner of said West Half, thence South 00 degrees 01 minutes 34 seconds East (assumed basis of bearings) along the East line of said West Half 1280.00 feet to the POINT OF BEGINNING of the herein described parcel; thence continuing South 00 degrees 01 minutes 34 seconds East along said East line 1380.87 feet to the Southeast corner of said West Half, said corner being in the approximate centerline of Main Street; thence South 88 degrees 50 minutes 39 seconds West along the South line of said West Half and said approximate centerline 672.70 feet to the Southwest corner of said East Half of the West Half; thence North 00 degrees 00 minutes 00 seconds East along the West line of said East Half 1408.89 feet; thence North 88 degrees 50 minutes 39
to the Southwest corner of said East Half of the West Half; thence North 00 degrees 00 minutes 00 seconds East along the West line of said East Half 1408.89 feet; thence North 88 degrees 50 minutes 39 seconds East parallel to the South line of said West Half 455.20 feet; thence South 01 degrees 09 minutes 21 seconds East 28.00 feet; thence North 88 degrees 50 minutes 39 seconds East parallel to the South line of said West Half 216.00 feet to the Point of Beginning, Containing 21.6 Acres, more or less.
Subject to all legal rights-of-way, easements and restrictions.
THIS SUBDIVISION CONTAINS EIGHTY-TWO (82) LOTS NUMBERED ONE (1) THROUGH EIGHTY-TWO (82), (INCLUSIVE) TOGETHER WITH STREETS, RIGHTSOF-WAY, AND EASEMENTS AS SHOWN ON THE PLAT HEREWITH.
ALL MONUMENTS SHOWN HEREON WILL EXIST, AND THEIR LOCATION IS ACCURATELY SHOWN; AND THIS PLAT COMPLIES WITH PROVISIONS OF THE SUBDIVISION ORDINANCE. THE SIZE OF LOTS AND WIDTH OF STREETS AND EASEMENTS ARE SHOWN IN FIGURES DENOTING FEET AND DECIMAL PARTS THEREOF.
CERTIFIED THIS 57 DAY OF Angus?
1993.
88080 PAUL MAURER REG. LAND SURVEYOR NO. 880006 STATE OF INDIANA (1) All lots in this subdivision are reserved for residential use, and no building other than a one-family residence or structure or facility accessory in use thereto shall be erected thereon.
(2) Not more than one building shall be erected or used for residential purposes on any lot in this subdivision.
(3) Minimum dwelling size shall be twelve hundred (1200) square feet (not including garage area), with the exception that up to fifteen (15) lots may be not less than one thousand fifty (1,050) square feet (not including garage area) (4) Dwelling shall be constructed with conventional construction materials, i.e., shall not consist of modular housing; however,
than one thousand fifty (1,050) square feet (not including garage area) (4) Dwelling shall be constructed with conventional construction materials, i.e., shall not consist of modular housing; however, wall panels assembled offsite may be used.
(5) No trailer, tent, shack, attached shed, basement, garage, or temporary building shall be used for temporary or permanent residence on any lot in this subdivision. A garage, tool shed, or detached storage building to be used as an accessory to a residence in this subdivision shall not be erected without the approval of the Architectural Control Committee.
(6) No fence Shall be erected in this subdivision between the building lines and the property lines of the streets, or between the East line of the 15 foot Waterline Easement (Book #23221, Page #972) and the West line of lots #1 through #21, inclusive, as shown on the within plat, except with the approval of the Architectural Control Committee.
(7) Sight distance at intersections: No fence, wall, hedge, tree or shrub planting or other similar item which obstructs sight lines at elevations between 2.5 and 8 feet above the street, shall be permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting points 25 feet from the intersection of said street lines (25 feet for minor streets and 50 feet for arterial streets), or in the case of a rounded property corner, from the intersection of the street right-of-way lines extended.
Pg4 The same sight line limitations shall apply to any lot within 10 feet from the intersection of a street right-of-way line with the edge of a driveway pavement or alley line.
located within No driveway shall be 40 feet of the centerlines or within 70 feet for corner lots.
rom the intersection of a street right-of-way line with the edge of a driveway pavement or alley line.
located within No driveway shall be 40 feet of the centerlines or within 70 feet for corner lots.
intersection of two street (8) No structure in this subdivision shall exceed 2 1/2 stories or 25 feet in height measured from finish grade to the underside of the eave line, and no structure other than an open porch shall be erected between the building line as designated on the plat and the property line of the street.
on (9) No building shall be erected, building placed or altered plot in this subdivision any until the specifications and plot plan showing the location of such building building plans, has been approved as to the conformity and harmony of external design with existing structures herein and as to the building with respect to topography and finished Architectural ground elevation, by the Control Committee, or by their duly authorized representatives . In the event of the death or resignation of any member of such Committee , the remaining member or members shall have full authority to approve or location, or to designate a representative with like authority.
disapprove such design and the Committee fails to act upon any plans submitted to it for its If approval within a period of fifteen (15) days from the submission date of the same, the lot . owner may then proceed with the building according to the plans as if approved. Neither the Committee members nor the designated representative shall be entitled to any compensation for the services performed pursuant to this covenant.
pg@ (10) EASEMENTS: The strips of ground shown on this Plat and marked as follows for Easement purposes are reserved for the following uses.
No
on for the services performed pursuant to this covenant.
pg@ (10) EASEMENTS: The strips of ground shown on this Plat and marked as follows for Easement purposes are reserved for the following uses.
No permanent or other structures are to be erected or maintained upon said strips of land; but owners of lots in this subdivision shall take title to their lots subject to the rights of the City of Greenwood, Public Utilities, Westridge Homeowners Association, and rights of the Owners of other lots in this "Drainage and Utility Easement" (D. & U. E.) are reserved for the use of the Public Utilities and the City of Greenwood to install, inspect, repair, replace, and maintain water and sewer mains, poles , ducts, lines, wires, and drainage facilities, subject at all times to the proper authorities and to the easement herein reserved.
Subdivision.
"Access Easement" (A. E.) are reserved for the use of the Westridge Homeowners Association for access to the Common Area.
"Drainage Easement" (D. E.) are reserved for the use of the City of Greenwood to use, inspect, repair, maintain, replace, and remove Drainage Improvements of any kind, including necessary appurtenances for the Common Area.
"Maintainence Easement" (M. E.) are reserved for the use of the Westridge Homeowners Association to use, inspect, repair, maintain, replace, and remove Drainage Improvemants of any kind, including necessary appurtenances for the Common Area.
(11) Drainage swales (ditches) along dedicated roadways and within the right-of-way, or on dedicated easements, are not to be altered, dug out, filled in, tiled or otherwise changed without the written permission of the Greenwood Board of Public Works & Safety.
Property owners must maintain these swales as sodded grassways, or
tered, dug out, filled in, tiled or otherwise changed without the written permission of the Greenwood Board of Public Works & Safety.
Property owners must maintain these swales as sodded grassways, or other non-eroding surfaces. Water from roofs or parking areas must be contained on the property long enough so that said drainage swales or ditches will not be damaged by such water. Driveways may be constructed over these swales or ditches only when appropriate sized culvers or other approved structures have beeen permitted by the B.P.W. & S.
Any property owner altering, changing, damaging, or failing to maintain these drainage swales or ditches will be held responsible for such action and will be given 10 days notice by certified mail to repair said damage, after which time, if no action is take, the B.P.S. & S. will cause said repairs to be accomplished and the bill for said repairs will be sent to the affected property owner for immediate payment. Failure to pay will result in a lien against the property.
SHEET 2 of 3 MAURER & ASSOCIATES, INC.
LAND DEVELOPMENT, SURVEYING, and BUILDER'S SERVICES 1676 Stonegate Drive Greenwood, Indiana (317) 881-3898 Suite #46 48142 (12) No boat, trailer or camper of any kind (including, but not in limitation thereof, house trailers, camping trailer or boat trailers), or any disabled vehicle shall be kept or parked upon any lot except within a garage or other approved structure.
(13) Dwelling Setback Standards: (a) (b) (c) (d) Minimum dwelling separation shall be ten (10) lineal feet.
Zero lot line side minimum shall be zero (0) lineal feet and maximum shall be six (6) lineal feet, with the exception that corner lots, cul-de-sac lots, and all lots with side easements shall have a maximum determined by
inimum shall be zero (0) lineal feet and maximum shall be six (6) lineal feet, with the exception that corner lots, cul-de-sac lots, and all lots with side easements shall have a maximum determined by the builder and approved by the City of Greenwood.
Opposite lot line side minimum shall be ten (10) lineal feet and maximum shall not be applicable.
Minimum rear yard setback shall be twenty (20) feet or twenty percent (20%) of depth of lot, whichever is greater.
(14) In the event that storm water drainage from any lot or lots flows across another lot, provisions shall be made to permit such drainage to continue without restriction or reduction, across the downstream lot and into the natural drainage channel or course, even though no specific drainage easement for such flow of water is provided on said plat.
(15) No animals, livestock, or poultry of any description shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets be kept, provided that they are not kept, bred or maintained for commercial purposes.
(16) No above ground swimming pools shall be permitted in this subdivision. Minimum setback for in-ground swimming pools shall be ten (10) lineal feet from side or rear lot lines measured from outside face of pool wall, but excluding adjacent patio or deck area. Pools shall not encroach upon easements.
(17) It shall be the duty of the lot owner of each lot in this subdivision to keep the grass on the lot properly cut and to keep the lot free from weeds and trash and otherwise neat and attractive in appearance.
Should any lot owner fail to do So then the developer and/or Architectural Control Committee may take such action as it deems appropriate in order to make the lot neat and
nd attractive in appearance.
Should any lot owner fail to do So then the developer and/or Architectural Control Committee may take such action as it deems appropriate in order to make the lot neat and attractive, and the lot owner shall upon demand reimburse developer and/or Architectural Control Committee for the expense incurred in so doing.
(18) Melody Builders East, Inc. shall be and constitute the Architectural Control Committee, and shall continue to be a member, together with owners of each lot for two (2) years after the date of substantial completion of the first residence constructed in the subdivision and may, at any time thereafter, withdraw from membership in the said Architectural Control Committee. Under no circumstances shall Melody Builders East, Inc. continue to be a member of the Architectural Control Committee after substantial completion of all residences on lots within the subdivision or after the developer no longer owns any lot in the subdivision.
(19) Non-buildable easement: There is hereby created a perpetual easement of a non-buildable separation between buildings of not less than six (6) feet, where structures are placed closer than three (3) feet to the property lines. Nothing herein shall preclude the construction of fences, patios, decks and other unenclosed structures.
(20) The within covenants shall be inure to the benefit of the facility North of Westridge known as Regency Place of Greenwood, and shall be enforceable by the owner of said facility, its successors, or assigns.
F 30 6 6 93020524 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTRIDGE SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTRIDGE SUBDIVISION (" Declaration"), made this 127 DEVELOPMENT day of GENERAL
S, CONDITIONS AND RESTRICTIONS FOR WESTRIDGE SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTRIDGE SUBDIVISION (" Declaration"), made this 127 DEVELOPMENT day of GENERAL September 1993, by WEST RIDGE PARTNERSHIP, an Indiana General Partnership (hereinafter referred to as "Declarant"), WITNESSETH THAT: WHEREAS, Declarant is the owner of certain real estate located in Johnson County, Indiana, more particularly described in the attached Exhibit "A" ("Real Estate"); and WHEREAS, Declarant intends to develop the Real Estate, by constructing residential facilities, which shall be known "Westridge "; and as WHEREAS, the Real Estate has been platted and recorded by Declarant an Westridge Subdivision on the 30th 1993 day of as Instrument No. 93020525 of the Recorder of Johnson County, Indiana, in Book in the Page 576 ; and WHEREAS, Declarant intends to sell and convey the residential facilities and Lots within Westridge and desires to subject the Real Estate to certain terms, covenants, conditions restrictions; and and WHEREAS, Declarant desires to provide for maintenance of the Common Area and the Concrete Drainage Swale located on the Real Estate which are of common benefit to the Owners of the various Lots within said subdivision, and to that end desires to establish certain obligations on said Owners and a system of assessments and charges upon said Owners for maintenance and other connection with the Common Area and Concrete Drainage Swale within costs in Westridge; and NOW, THEREFORE, Declarant hereby declares that all of the Real Estate as it is now held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved, is subject to the following terms, covenants, conditions restrictions.
al Estate as it is now held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved, is subject to the following terms, covenants, conditions restrictions.
All of the Covenants shall run with the Real Estate and shall be binding upon the Declarant and upon the parties having or acquiring any right, title, or interest, legal or equitable, in and to the Real Estate or any part or parts thereof and shall inure to the benefit of the Declarant and every one of the Declarant's successors in title to the Real Estate or any part thereof .
or parts EXECUTION DOCUMENT deccov./19/93 8:27 066 269 L 1 GENERAL PURPOSE OF COVENANTS The Real Estate is hereby subjected to the Covenants herein to ensure and provide for adequate and proper use and maintenance of the Common Area and the Concrete Drainage Swale on the Real Estate so as to meet the requirements of certain governmental agencies for the purpose of benefitting all Lots within Westridge.
2 DEFINITION FOR ALL PURPOSES OF THIS DECLARATION The following terms, whenever used in this Declaration, shall have the meanings assigned to them by this Section 2: share of the as determined and 2.1 Assessment. "Assessment" means the Maintenance Expenses imposed upon each Lot, levied pursuant to the provisions of this Declaration.
2.2 Association. "Association" Association, Inc., a nonprofit Indiana Corporation, formed or to be means Westridge Owners' formed for the purpose of determining and collecting the and overseeing and enforcing the terms Declaration together with those contained on the Plat.
Assessments of this 2.3 Board of Directors. "Board of Directors" means the Board of Directors of the Association elected pursuant to the Articles and Bylaws of
gether with those contained on the Plat.
Assessments of this 2.3 Board of Directors. "Board of Directors" means the Board of Directors of the Association elected pursuant to the Articles and Bylaws of the Association.
2.4 Covenants. "Covenants" means those covenants, conditions restrictions affecting the Real Estate as Declarant in this Declaration and contained on the Plat.
established by and 2.5 Reglarant. "Declarant" means Westridge Development, an Indiana General Partnership, or any other person, firm, corporation or partnership which succeeds to the interest Development as developer of Westridge.
of Westridge 2.6 Common Area "Common Area" means the real property and improvements thereon, shown and designated on the Plat as Common Area.
2.7 Concrete Drainage Eval "Concrete Drainage Swale" means the concrete drainage swale and appurtenances contained within the twenty foot (20' ) Drainage and Utility Easement (D.&U.E.) shown on Iots 18-21 of the Plat and the drainage easement encumbering the real property abutting the north boundary of the Plat extending from the north line of said Lot 21, which easement is recorded in the office of the County Recorder of Johnson County on 9-1-93 Instrument No. 93018955.
as EXECUTION IOCUMENT Woulder\westrids.
deccov.4 1/19/93 8:27 2 ☐ 2.8 Lot. "Lot" means any of the separate parcels numbered and identified on the Plat or Plats of Westridge as the same may be recorded from time to time.
means the 2.9 Maintenance ExpeRES. "Maintenance Expense" actual or estimated cost to the Association for maintenance, management, operation, repair, improvement, and replacement of the Common Area and the Concrete Drainage Swale and any other cost or expense incurred by the Association for the benefit and
aintenance, management, operation, repair, improvement, and replacement of the Common Area and the Concrete Drainage Swale and any other cost or expense incurred by the Association for the benefit and perpetuation of the Common Area and the Concrete Drainage Swale.
any holder, 2.10 Mortgagee. The term "Mortgages" means insurer , or guarantor of any first mortgage on any Lot.
2.11 Owner.
"Owner" Deane any person or acquire, after the date of this Declaration, legal and/or equitable persons who title to any Lot; provided, however, that "Owner" shall not include any holder of any mortgage of all or any part of any Lot, so long AS such holder doos not hold both legal and equitable title thereto.
a.12 Plat. "Plat" means the final Plat or Plats of Westridge as the same may be recorded from time to time in the office of the Recorder of Johnson County, Indiana.
2.13 Streets. "Streets" means all of the public and private roadways to the respective right-of-way lines thereof, as shown on the Plat or Plats of Westridge as the same may he recorded from time to time, which have been or hereafter are constructed for the purpose of providing common access for Owners, occupants and their guests and invitees, to any or all Lots.
3.14 Kentridge. The term "Westridge" means all of the Real Estate as platted and recorded by Declarant in accordance with the provisions of this Declaration.
3 SENERAL RESTRICTIONS 3.1 Common Area Use. Recreational use of the Common Area is prohibited. The Common Area is to be used for storm water detention and drainage purposes only. Docks and similar structures are prohibited on any portion of the Lots or Common Area.
of 3.2 No Owner or third party shall do or permit another to do any act which could result in pollution of Common Area, diversion
r structures are prohibited on any portion of the Lots or Common Area.
of 3.2 No Owner or third party shall do or permit another to do any act which could result in pollution of Common Area, diversion any water, raise or lower the elevation of the vater, significantly disturb the earth or the embankment of a Common Area, or any other conduct which could result in an adverse effect upon the water quality, embankment and adjacent property, drainage, or (es cɔcɔ nu vor EXECUTION DOCUMENT deccov. 4 8/19/93 8:27 3 any other general condition of the Common Area. Pumping water from the Common Area is specifically prohibited.
3.3 Any Owner, or the city of Greenwood at its discretion, shall have the authority to institute an action for injunction to abate such activity or seek mandatory relief for correction of any damage caused to the Common Area, together with any damages incurred, and upon recovery of judgment shall be entitled to cost, together with reasonable attorneys' fees.
. COVENANTS FOR MAINTENANCE ABBESSMENTS 4.1 Purpose of the Assessments. The Assessments levied by the Association shall be used exclusively for purposes associated with the maintenance of the Common Area and the Concrete Drainage Swale within Westridge as the same may be platted from time to time, including, but not limited to, the payment of any necessary insurance thereon and for the cost of labor, equipment, material, and management furnished with respect to the Common Area and the Concrete Drainage Swale, provided that the Association shall not be responsible for the replacement, repair or maintenance of any part of the Common Area and the Concrete Drainage Swale which is or hereafter may be dedicated to the public. Each Owner hereby
all not be responsible for the replacement, repair or maintenance of any part of the Common Area and the Concrete Drainage Swale which is or hereafter may be dedicated to the public. Each Owner hereby covenants and agrees to pay to the Association: 4.1.1 A pro-rata share (as hereinafter defined) of the annual Assessments fixed, established, and determined from time to time as hereinafter provided.
4.1.2 A pro-rata share (as hereinafter defined) of any special Assessments fixed, established, and determined from time to time, as hereinafter provided.
4.2 Liability for Ansonamenta. Each Assessment, together with any interest thereon and any costs of collection thereof, including attorneys' fees, shall be a charge on each Lot and shali constitute a lien, from and after the due date thereof, in favor of the Association upon each Lot. Each such Assessment, together with any interest thereon and any costs of collection thereof, including attorneys' fees, shall also be the arsonal obligation of the Owner of each Lot. at the time when the Assessment is due. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lion of such Assessments as to payments which become due prior to such sale or transfer. No such sale or transfer shall relieve any owner of the personal liability hereby imposed. The personal obligation for delinquent Assessments shall not pass to any successor in title unless such obligation is expressly assumed by such successor.
EXECUTION DOCUMENT deccov.4/19/93 8:27 7 L 7 6 4.3 Pro-rata Bhare. The pro-rata share of the Owner of each Lot for purposes of this section shall be the percentage obtained by dividing one by the total number of Lots shown on the Plat or
7 7 L 7 6 4.3 Pro-rata Bhare. The pro-rata share of the Owner of each Lot for purposes of this section shall be the percentage obtained by dividing one by the total number of Lots shown on the Plat or Plats of Westridge as the same may be recorded from time to time ("Pro-Pata Share").
A 4.4 Basis of Annual Assezzenta. The Board of Directors of the Association shall establish an annual budget prior to the beginning of each fiscal year, setting forth all Maintenance Expenses for the coming fiscal year, together with a reasonable allowance for contingencies and reserves of the Association.
copy of this budget shall be delivered to each owner within thirty (30) days to the beginning of each fiscal year of the Association.
4.5 Basis of Special Assermenta. Should the Board of Directors of the Association at any time during the fiscal year determine that the Assessments levied with respect to such year are insufficient to pay the Maintenance Expenses for such year, the Board of Directors of the Association may, at any time, and from time to time, levy such special Assessments as it may deem necessary for meeting the Maintenance Expenses. In addition, the Board of Directors of the Association shall have the right to levy at any time, and from time to time, one or more special Assessments for the purpose of defraying, in whole, or in part, any unanticipated Maintenance Expense not provided for by the annual Assessments.
4.6 Fiscal Year: Date of Commencement of Assessments; Due Rateli The fiscal year of the Association shall be established by the Association and may be changed from time to time by action of the Association. The annual Assessments provided for herein shall Commence as to all Lots in Westridge on the first day of the month
y the Association and may be changed from time to time by action of the Association. The annual Assessments provided for herein shall Commence as to all Lots in Westridge on the first day of the month following the Declarant's transfer of control of the Association to the Owners pursuant to Section 6.12 below. Declarant shall not be obligated to pay any Assessments prior to said transfer, but shall be obligated to pay all Maintenance Expenses prior to said The first annual Assessment for each Lot shall be prorated for the balance of the fiscal Year of the Association in which such Assessment is made. The annual Assessment for each year after the first Assessment year shall be due and payable on the first day of each fiscal year of the Association. Annual Assessments shall be due and payable in full as of the above date, except that the Association may from time to time by resolution authorize the payment of such Assessments in installments.
transfer.
4.7 Duties of the Association.
4.7.1 The Board of Directors of the Association shall cause proper books and records of the levy and collection of each annual and special Assessment to be kept and maintained, including 19 EXECUTION DOCUMENT 11 boulder\wastridy.hool deccev. 8/19/93 8127 5 L r 6 a roster setting forth the identification of each and every Lot and each.
Assessment applicable thereto, which books and records shall be kept in the office of the Association and shall be available for the inspection and copying by each Owner or duly authorized representative of any Owner) at all reasonable times during regular business hours of the Association. The Board of Directors of the Association shall cause written notice of all Assessments levied by the Association upon the Lots and upon the owners to be mailed to
r business hours of the Association. The Board of Directors of the Association shall cause written notice of all Assessments levied by the Association upon the Lots and upon the owners to be mailed to the Owners or their designated representatives as promptly as practicable and in any event not less than thirty (30) days to the due date of auch Assessment or any installment thereof. on the event such notice is mailed less than thirty (30) days prior to the due date of the Assessment to which such notice pertains, payment of such Assessment shall not be deemed past due for any purpose if paid by the Owner within thirty (30) days after the date of actual mailing of such notice.
In 4.7.2 The Association shall promptly furnish to any Owner or Mortgagee upon request a certificate in writing signed by an officer of the Association, setting forth the extent to which Assuscents have been levied and paid with respect to such requesting Owner's or Mortgagee's Lot. As to any persons relying thereon, such certificate shall be conclusive evidence of payment of any Assessments therein stated to have been paid.
4.7.3 The Association shall notify any Mortgagee from which it has received a written request for notice of any default in the performance by any Owner of any obligation under the By-Laws of the Association or this Declaration which is not cured within sixty (60) days.
4.
Mon-payment of Assessmenta: Remediez of Anneciation.
4.8.1 If any Assessment is not paid on the date when due, then such Assessment shall be deemed dalinquent and shall together with any interest thereon and any cost of collection thereof, including attorneys' fees, become a continuing lien on the Lot against which such Assessment was made, and such lien shall be
all together with any interest thereon and any cost of collection thereof, including attorneys' fees, become a continuing lien on the Lot against which such Assessment was made, and such lien shall be banding upon and enforceable as a personal liability of the Owner of such Lot as of the date of levy of such Assessment, and shall be enforceable against the interest of such Owner and all future successors and assignees of such Owner in such Lot; provided, however, that such lien shall be subordinate to any mortgage on such Lot recorded prior to the date on which such Assessment becomes due.
4.8.2 If any Assessment upon any Lot is not paid within fifteen (15) days after the due date, such Assessment and all costs of collection thereof, including attorneys' fees, shall bear interest from the date of delinquency until paid at the annual EXECUTION DOCUMENT deccev.4 8/19/93 8:27 interest rate allowable on judgments rendered in the State Indiana at the time such Assessment is due, and the Association may of bring an action in any court having jurisdiction against the delinquent Owner to enforce payment of the same and/or to foreclose the lien against said Owner's Lot, and there shall be added to the amount of such Assessment all costs of such action, including the Association's attorneys fees, and in the event obtained, such judgment shall include such interest, costs, and a judgment is attorneys' fees.
4.9 Adjustments. In the event that the amounts actually expended by the Association for Maintenance Expenses in any fiscal year exceed the azounts budgeted and assessed for Maintenance Expenses for that fiscal year, the amount of such deficit shall be carried over and become an additional basis for Assessments for the following fiscal year.
unts budgeted and assessed for Maintenance Expenses for that fiscal year, the amount of such deficit shall be carried over and become an additional basis for Assessments for the following fiscal year.
Such deficit may be recouped either by inclusion in the budget for annual Assessments or by the making of one or more special Assessments for such purpose, at the option of the Association. In the event that the amounts budgeted and assessed for Maintenance Expenses in any fiscal year exceed the amount actually expended by the Association for Maintenance Expenses for that fiscal year, a Pro-Rata Share of such excess shall be a credit against the Assessment(s) due from each Owner for the next fiscal year(s).
ORGANIZATION AND DUTIES OF ASSOCIATION 5.1 Organization of Association. The Declarant shall establish the Association to be organized as a mutual benefit and nonprofit corporation under the laws of the State of Indiana, to be operated in accordance with The Articles of Incorporation which have been tiled or will be filed by Declarant.
5.2 Membership. The members of the Association shall consist of the Declarant and the owners of Lots in Westridge as the same may be platted from time to time, provided that, in the event that any one Lot shall be owned by more than one person, partnership, trust, corporation or other entity, they shall be treated collectively as one member for voting purposes.
The Association shall have two classes of voting membership: Clams A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event
each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
6 5 EXECUTION DOCUMENT deccov./19/93 8127 7 ㄱ e 9 Class B. The Class B members shall be the Declarant, who shall be entitled to three (3) votes for each Lot owned, and the first Board of Directors during their respective terms, who shall have no voting rights. 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 votes membership equal the total votes membership: or (b) On January 1, 2000.
outstanding in the Class A outstanding in the Class 5.3 Board of Directors. The members shall elect a Board of Directors of the Association as prescribed by the Association ByLaws. The Board of Directors shall manage the affairs of the Association.
The 5.4 General Dution of the Association.
hereby authorized to act and shall act on behalf of, and in the The Association is name, place and stead of, the individual Owners in all matters pertaining to the maintenance, repair and replacement, of the Common Area and the Concrete Drainage Swale, the determination of Maintenance Expenses, the collection of Assessments, annual and for the perpetuation of the special Concrete Drainage Swale and common benefit of all such owners.
Common Area and the Association shall also have The act on behalf of any Owner or owners in seeking enforcement of the the right, but not the obligation, to Covenants contained in this Declaration.
nor the Association nor their officers or authorized agents shali
lf of any Owner or owners in seeking enforcement of the the right, but not the obligation, to Covenants contained in this Declaration.
nor the Association nor their officers or authorized agents shali Neither the Declarant, have any liability whatsoever to any Owner for any action taken under color or authority of this Declaration, or for any failure to take any action called for by this Declaration, unless such act or failure to act is in the nature of a willful or reckless disregard the rights of the Owners or in the nature intentional, fraudulent, or reckless misconduct.
of willful, of 5.5 Amendment of Declaration. The Association shall have the right to amend this Declaration at any time, and from time to time, upon the recommendation of an amendment to the Association by its Board of Directors , and the subsequent approval of such amendment by both the Owners of at least two-thirds of the Lots and the Mortgages of at least two-thirds of the Mortgagees notice of such act actions requesting provided, however, that any such amendment this Declaration shall not bring about Assessmerits on any particular Owner(s).
any inequitable be evidenced by a written instrument, signed and acknowledged by Each such amendment must duly authorized offices of the Association, and by Declarant when its approval is required, setting forth facts sufficient indicate compliance with this paragraph, including as an exhibit or of EXECUTION DOCUMENT deccov./19/93 8:27 8 to addendum thereto a certified copy of the minutes of the Association meeting at which the necessary actions were taken, and such amendment shall not be effective until recorded in the office of the Recorder of Johnson County. No such amendment shall
of the Association meeting at which the necessary actions were taken, and such amendment shall not be effective until recorded in the office of the Recorder of Johnson County. No such amendment shall substantially alter the Common Area and the Concrete Drainage Swale or effect a modification of any drainage covenants or commitments undertaken in connection with any platting approvals or zoning without the prior approval of the appropriate government authorities. Furthermore, so long as the Declarant exercises control of the Association any dedication of Common Area or amendment to this Declaration shall require the prior approval of an authorized representative of the U.S. Department of Housing and Urban Development.
equal coverage value of 5.6 Insurance. The Association shall maintain in force adequate public liability insurance protecting the Association against liability for property damage and personal injury with the amount of such coverage in no event to be less than One Million Dollars ($1,000,000.00) for any single occurrence, occurring on or in connection ion with the Common Area and the Concrete ete Drainage Swale.
The Association tion shall also maintain in force adequate casualty and extended coverage insurance, insuring the Common Area and the Concrete Drainage Swale against casualty, vandalism and such other hazards as may be insurable under standard "extended provisiors, in an amount to the full such Common Area and the Concrete Drainage Swale Association shall notify all Mortgagees which have requested notice of any lapse, cancellation, or material modification of any insurance policy. All policies of insurance shall contain an endorsement or clause whereby the insurer waives any right to be subrogated to any claim against the Association, its officers,
tion of any insurance policy. All policies of insurance shall contain an endorsement or clause whereby the insurer waives any right to be subrogated to any claim against the Association, its officers, Board members, the Declarant, any property manager, their respective employees and agents, the Lot Owners and occupants, and also waives any defenses based on co-insurance or on invalidity arising from acts of the insured, and shall cover claims of one or more insured parties against other insured parties.
of director, The The Association shall maintain a fidelity bond indemnifying the Association, the Board of Directors and the Lot Owners for loss funds resulting from fraudulent or dishonest acts of any any officer, employee or anyone who either handles or 1.
responsible for funds held or administered by the Association, whether or not they receive compensation for their services.
fidelity bond should cover the maximum amount of funds which will be in the custody of the Association or its management agent at any time, but in no event shall such fidelity bond coverage be less than the.
on Bum of three (3) months' Assessments all Lots in Westridge plus the Association's reserve funds.
The 9 deccov. 1/17/93 8:27 9 EXECUTION 100 Mt. T r 6 The Association shall cause all insurance policies and fidelity bonds to provide at least ten (10) days written notice to the Association, and all Mortgagees who have requested such notice, before the insurance policies or fidelity bonds can be canceled or substantially modified for any reason.
5.7 Condemnation: Destruction. In the event that any of the Common Area and the Concrete Drainage Swale shall be condemned or taken by any competent public authority, or in the event the
r any reason.
5.7 Condemnation: Destruction. In the event that any of the Common Area and the Concrete Drainage Swale shall be condemned or taken by any competent public authority, or in the event the same shall be damaged or destroyed by any cause whatsoever , the Association shall represent the interests of the Owners in any proceedings, negotiations, insurance adjustments, settlements , or agreements in connection with such condemnation, damage, or destruction. Any sums recovered by the Association shall be applied, first, to the restoration and repair of any part of the Common Area and the Concrete Drainage Swale condemned, damaged, or destroyed, to the extent such restoration or repair is practicable, and the balance of such sums shall either be held as a concret vote of Lie members for of the for future maintenance of the Common Area and the Drainage Swale or turned over to the Owners in to their Pro-Rata Shares, whichever may be determined by a majority proportion Association. Each Owner shall be responsible pursuing ᏂᎥᎥ ᎠᏌ own action for damages to his Lot, either by reason of direct damage thereto or by reason of an impairment of value due to damas to damage to the Common Area and the Concrete Drainage Swale; provided, however, that upon request of any Owner(s), the Association claims in its discretion, pursue such on such requesting Owner(s) behalf, and shall turn any may, recoveries for such Owners over to such Owners directly. The Association shall notify all Mortgagees of which it has notice of any condeanation, damage, or destruction of any part of the Common Area and the Concrete Drainage Swale.
5. Mortgagees' Rights. The mortgagees shall have the right, at their option, jointly or severally, to pay charges which are in
struction of any part of the Common Area and the Concrete Drainage Swale.
5. Mortgagees' Rights. The mortgagees shall have the right, at their option, jointly or severally, to pay charges which are in default or which may or have become a charge against the Common Area and the Concrete Drainage Swale, to pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for the Common Area and the Concrete Drainage Swale, and Mortgagees making such payment shall be owed immediate reimbursement therefor from the Association.
. GENERAL PROVISIONS 6.1 Covenants Run with the Land. The Covenants created by this Declaration shall attach to and run with the Real Estate and shall be binding upon every person who may hereafter come into ownership, occupancy or possession of any portion of the Real Estate.
EXECUTION DOCUMENT deccov.4 8/19/93 8127 10 7 77 6 6.2 BORD of covenants. Declarant and each Owner of any Lot by acceptance of a deed therefor, whether or not expressed in such deed, are deemed to have agreed to each and every it shall be one of the Covenants contained in this Declaration, or on the Plat, and the same shall be of mutual and reciprocal benefit to Declarant and each Owner of each Lot. Declarant and each owner shall be entitled to anforce this Declaration against any Owner to the full extent permitted herein and under applicable law, and shall have all rights and remedies for such enforcement at law or in equity.
Each Owner shall be liable for any failure to fully comply with all of the Covenants contained in this Declaration or on the Plat only so long as each such Owner shall have any interest in any Lot; provided, however, that the relinquishing of all of such interest
all of the Covenants contained in this Declaration or on the Plat only so long as each such Owner shall have any interest in any Lot; provided, however, that the relinquishing of all of such interest shall not operate to release any Owner from liability for a failure to comply with this Declaration which occurred while said Owner had such interest.
6.3 Attorneys' fees. እ። to any legal or proceedings for the enforcement of, or to restrain the violation of equitable this Declaration, or any provision thereof, if the party bringing such action is successful in obtaining any remedy against any defaulting Owner, such defaulting Owner shall pay the reasonable attorneys' Ines of such successful party, in such amount as may be fixed by the Court in such proceedings.
6.4 Failure to Enforge Not a Raiver of Rights. The failure of Declarant, the Association, or any Owner to enforce any Covenant herein contained shall in no event be deemed to be a waiver of the right to do so thereafter, nor of the right to enforce any other such Covenan:.
6.5 Rights of Mortgagen. Except to the extent otherwise provided herein, no breach of this Declaration shall defeat or render invalid the lion of any mortgage now or hereafter executed upon any portion of the Real Estate; provided, however, that if all or any portion of said Real Estate is sold under a foreclosure of any mortgage, any purchaser at such sale and his successors and assigns shall hold any and all land so purchased subject to this Declaration.
Other provisions herein notwithstanding, neither the Owners nor the Association shall have any right to make any amendment to this Declaration which materially impairs the rights of any Mortgagee holding, insuring, or guaranteeing any mortgage on all or
Owners nor the Association shall have any right to make any amendment to this Declaration which materially impairs the rights of any Mortgagee holding, insuring, or guaranteeing any mortgage on all or any portion of the Real Estate at the time of such amendment.
6.6 Effect of Invalidation. If any provision of this Declaration as held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof.
EXECUTION DOCUMENT deccov. 8/19/93 8:27 11 1 6.7 Eection Readinga.
for convenience only and are not intended to be a part of this Section headings used herein are used Declaration or in any way to define, limit, or describe the scope and intent of the particular sections to which they refer.
5. Notion. All notices in connection with this Declaration shall be made in writing and shall be deemed delivered (a) upon personal delivery to the individual person , if any, designated in writing by the Owner, as listed in the roster of Owner's names and addresses referred to hereinabove; or (b) seventy-two hours after the deposit thereof in any United States main office, first class postage prepaid, properly addressed to the or branch post addressee thereof at the address listed in the said roster.
6.9 Reed Clause covenants and agrees that it will not execute or deliver any deed.
to implement Declaration. Each Owner or conveyance of a fee title interest in any Lot, or any portion.
thereof , unless such deed substantially as follows: or conveyance contains clause "By acceptance and recording of this conveyance, the Grantee herein covenants and agrees to be bound by the Declaration of Covenants, Conditions and Restrictions For Wastridge pertaining to the real estate hereby granted,
cording of this conveyance, the Grantee herein covenants and agrees to be bound by the Declaration of Covenants, Conditions and Restrictions For Wastridge pertaining to the real estate hereby granted, recorded in the office of the Recorder of Johnson County, Indiana 199 _ in Miscellaneous Book as Instrument No.
and properly filling in However, the recording information.
the failure to include such clause shall not have any effect on this Declaration or the enforceability thereof against any owner of any interest in any portion of the Real Estate.
6.10 Provision Againat Xerger.
the Real Estate shall Declarant hereby intends that Covenants contained herein shall not be merged into the title of be subject to this Declaration, that the the Declarant regardless of whether Declarant owner of all or any part of the Real is the fee title Declaration is executed or recorded.
Estate at the time this 6.11 Reservations of Declarant.
notwithstanding , Declarant hereby reserves the right to make such Other provisions herein amendments to this Declaration as appropriate by Declarant, so long as Declarant owns at least three may be deemed necessary or (3) Lots within Westridge without the approval or consent of the Owners or Mortgagees of the Lots provided that Declarant shall not be entitled to make any amendment which has a materially adverse effect on the rights of any Mortgagee, nor which substantially impairs the benefits of this Declaration to any Owner, or EXECUTION DOCUMENT : boulder\stridy.hool deccov. 1/19/93 8:27 12 ୮ substantially increases the obligations imposed by this Declaration on any Owner.
6.12 Transfer of control of orner's Association: Delivery of Marranty Deed to common Area and Assignment of Easements.
substantially increases the obligations imposed by this Declaration on any Owner.
6.12 Transfer of control of orner's Association: Delivery of Marranty Deed to common Area and Assignment of Easements.
Declarant shall transfer control of the Owner's Association to the Lot Owners, give a Warranty Deed conveying the Common Area to the Association free and clear of encumbrances; and assign its interest in the easements established for the Concrete Drainage Swale to the Association no later than the earlier of (a) four months after three-fourths (3/4) of the Lots have been conveyed to Lot purchasers or (b) seven (7) years after the first Lot is conveyed.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on the date first written above.
SEP 20 10 48 AH '93 RECEIVED FOR RECORD BOOK de PAGE 269 JACQUOLINE E. KELLER JOHNSON COUNTY RECORDER By: WEST RIDGE DEVELOPMENT GENERAL PARTNERSHIP, an Indiana General Partnership BY: MOULDER CORPORAT_ON, a General Partner 4 J. Stephen Moulder, President 6 STATE OF INDIANA COUNTY OF SS: day of Septembe On this st 1993, before me, a Notary Public, personally appeared J. Stephen Moulder personally known to me to be the same person described in and who executed the within instrument, and the same person duly acknowle iged to me that he executed the same.
lew My Commission Expires: 6-13-94 Notary Public N. ZICRICK Resident of County, 9 EXECUTION DOCUMENT decco. 8/19/93 8:27 This document prepared by: Joe N. Van Valer, Attorney at Law VAN VALER WILLIAMS & HEWITT 300 South Madison Ave, Suite 400 P.O. Box 405 Greenwood, Indiana 46142 (317) 888-1121 13