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| Valley Creek Section III Covenants |
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| A representative of the developer originally drafted the neighborhood covenants before the first house was built in here in Valley Creek. The intent was to keep the neighborhood looking nice and subsequently help protect property values. In 2000, item # 9 of the covenants was amended to make provisions for privacy fences and place limitations on chain link fencing. The covenants below were written to specifically describe Valley Creek Section III, but the covenants of all sections of Valley Creek contain the same wording and intent. |
| The undersigned, SUNRISE REAL ESTATE DEVELOPMENT CORP. ("Declarant"), an Indiana corporation, being the owner of the real estate shown and described herein, does hereby certify that it has laid all, platted, and subdivided, and does hereby lay off, plat and subdivide, said real estate in accordance with the within plat. This subdivision shall be known and designated as VALLEY CREEK, SECTION THREE, an addition in Indianapolis, Superior County, Indiana. The following restrictions, limitations and covenants are hereby imposed upon and shall run with the real estate described in this plat: 1. All streets shown on this plat, and not heretofore dedicated, are hereby dedicated to the public. 2. Front and rear yard building setback lines are hereby established as shown on this plat, between which and the property lines of the adjacent streets, there shall not be erected or maintained any building or structure, except for installations which are permitted to be made in Landscape Easements hereinafter described. 3. There are strips of ground as shown on the within plat marked D & U E" (drainage and utility easement), strips of ground marked Sanitary Sewer Easement or S.S.E.", and strips of ground marked Landscape Easement" or L.E., either separately or in any combination of the same. Such strips of ground are hereby subjected to easement, which are hereby created and reserved, for the use of the public utility companies, governmental agencies, Declarant and the Homeowners Association (if and when formed and organized and hereinafter defined), as follows:(A) "Utility Easements", or U.E.'s, are created for the use of all public utility companies, including cable television companies, but not including transportation companies, for the installation and maintenance of mains, ducts, poles, lines, wires, drains, pipes and other utility installations for the purpose of furnishing utility services; such Utility Easements may also be used for all purposes for which Drainage Easements and Sanitary Sewer Easements may be used hereunder; (B) "Drainage Easements, or D.E.'s, are created to provide paths and courses and a system for natural area and local storm drainage, either overland or in appropriate underground installation, to serve the needs of this and adjoining ground and the public drainage system; the owners of all lots are and shall be required to keep any areas of their lots designed for the natural flow of surface water free of obstructions to such natural flow, including both structures and plant material, so that the flow of water will be unimpeded, and any improvements made on or under any such easement by the owner are and shall be at the risk of the property owner; such Drainage Easement may also be used for all purposes for which utility Easements and Sanitary Sewer Easements may be used hereunder;(C) Sanitary Sewer Easement, or "S.S.E.'s, are created for the use of the public utility company or governmental agency having responsibility for the maintenance, repair and upkeep of the sanitary sewer mains and other facilities serving this subdivision, for the installation, maintenance, repair and replacement of such facilities; such Sanitary Sewer Easements may also be used for all purposes for which Utility Easements and Drainage Easements may be used hereunder; and (D) Landscape Easement, or L.E.'s, are created and reserved for the use and benefit of Declarant and the Homeowners association (if and when formed and organized) for the installation, construction, maintenance, repair, reconstruction and replacement of earthen mound, plantings and other landscaping, walls, fences, entry ways, columns, landscape irrigation systems, accent lighting systems, street lights, subdivision identification signs and other itemsAll of the foregoing easement shall be deemed to include the necessary rights of ingress and egress in, along, across and through the same to permit the beneficial use and enjoyment thereof for their intended purposes. The owners of all lots in this subdivision shall take and hold title to their lots subject to all of the foregoing easements, to the rights of the public utility companies, governmental agencies, Declarant and the Homeowners association therein, and to the jurisdiction of thc proper governmental authorities. No permanent or other structures shall be erected or maintained on any of the foregoing easements, except for wells, fences, driveways, walkways and other installations which are specifically permitted hereunder, including, as to Landscape Easement, any installations which are permitted hereunder to be located in such Landscape Easement; any walls, fences, driveways, walkways and other installations erected and maintained on any of the foregoing easements shall be at the risk of the party erecting and maintaining the same and subject to the rights and easements herein and hereby created. 4. The use of all lots in this subdivision shall be in accordance with the Zoning Ordinance of Marion County, Indiana and any amendments thereto (the Zoning Ordinance"), subject to any variances, waivers or special exceptions to the terms of the Zoning Ordinance at any time granted by the appropriate governmental agencies or officials having jurisdiction to do so. Every lot in this subdivision, unless otherwise designated by Declarant, shall be used exclusively for single family residential purposes. Each owner of a lot shall use and occupy his respective lot in a careful, safe and proper manner and keep each lot is a clean and safe condition in accordance with this plat, the Zoning Ordinance, all health, fire and police requirements and regulations, state statutes, local ordinances, and the lawful directions of proper public officials. No owner shall conduct, or permit any person to conduct, any unlawful activity in this subdivision. 5. No lot shall hereafter be subdivided or subdivided into parcels so as to create additional residential lots greater than the number of lots shown hereon. 6. No sign or billboard, except promotional signs or, FOR SALE signs erected by a builder or duly licensed real estate broker shall be erected or placed on any lot in this subdivision, and no barn, stable or other outbuilding housing domestic animal or poultry, except household pets, shall be erected thereon. However, this restriction shall not be deemed, construed or interpreted to prevent, preclude or restrict any structures, including signs, erected or maintained by the Declarant or the Homeowners Association in any Landscape Easement shown on this plat. 7. No trailer, tent, basement, mini-barn, storage shed, garage or other outbuilding erected on any lot in this subdivision shall at any time be used as a residence, temporarily or permanently, nor shall any building of a temporary character, except those utilized by Declarant or a builder of a residence, be erected on any lot. No overnight camping shall be permitted within the subdivision. 8. No fence, wall, hedge, tree 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 right of way lines and a line connecting points twenty-five (25) feet from the intersection of said street lines or, in the case of a rounded property corner, from the intersection of the street right of way lines extended. The same eight line limitations shall apply to any lot within ten (10) feet of the intersection of a street right of way line with the edge of the driveway pavement or alley line. No trees shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 9. Fences: No fence exceeding 48" above grade shall be erected nearer the front line of a lot than the front line of the principal residence. No fence above 72" above grade shall be erected nearer the front line of a lot than the rear line of the principal residence. No fence exceeding 72" above grade may be erected. Fences constructed of chain link may not exceed 48" above grade and must be vinyl coated. Privacy fences should be constructed as close to property lines as possible considering landscape, utility and drainage easements. All fences must be well maintained. All fences erected on any lot within this subdivision must first be approved by the Architectural Committee (hereinafter defined). Additionally any shrub growth or hedge, not to exceed four (4) feet in height or fifteen (15) in length, may be installed in front of the front line of such principal residence. 10. Nuisance: No noxious or offensive trade shall be carried on upon any lot in this subdivision nor shall anything be done thereon which shall be or become a nuisance to the neighborhood. 11. All yard dimensions and restrictions shall be in accordance with the Zoning Ordinance, subject to any variances, waivers or special exceptions thereto at any time granted by the appropriate governmental agencies or officials having jurisdiction to do so. 12. The minimum enclosed and finished livable area (exclusive of open porches and garages, which shall not be included in the livable area) for a single story house shall be 1,800 square feet and for a multiple story or multi-level house shall be 1,800 square feet, with not less than 800 square feet of livable area on the first floor Each house shall be furnished with an attached garage for a minimum of two (2) cars. 13. All houses and garages shall be provided with hard surfaced driveways with a width not to exceed the width of the garage door opening associated therewith, which shall be installed by the builder concurrently with the original construction of the house, and which shall be available (or use not later than the date of initial occupancy of such house. Further, it shall be the obligation and responsibility of the owner of each lot to install, or cause the builder to install, sidewalks in accordance with the requirements and standards of the Subdivision Control Ordinance of Indianapolis, Indiana, and any amendments thereto, along (and within the right of way of) all interior streets in this subdivision upon which each owner's lot abuts (i.e., along all streets shown on this plat except Cumberland Road. Such sidewalk shall be installed by the owner or builder concurrently with the original construction of the house on a lot, and shall be fully completed and available for use not later than the date of initial occupancy of such house. Each house shall also have a continuous concrete sidewalk from the driveway to the front porch or entryway. 14. There shall be, and hereby is, created and established a committee to be known as the "Valley Creek Architectural Control Committee (herein referred to as the Architectural Committee), to perform the functions provided to be performed by it hereunder. Until the earliest of (a) the date upon which Declarant no longer owns any lots in this subdivision (the period of time preceding this date shall be known as the Development Period), (b) the date upon which Declarant voluntarily relinquishes its right to act as the Architectural Committee, or (c) July 1, 1996, Declarant (or not more than three (3) persons designated by Declarant) shall constitute, act as and perform the functions of the Architectural Committee. After the applicable date set forth in the immediately preceding sentence, the Architectural Committee shall consist of three (3) persons (all of whom must be owners of lots in this subdivision), to be elected annually (in the month following such applicable date for the balance of the then current calendar year, and in December of each year thereafter for the next succeeding calendar year) by the owners of lots in this subdivision at a meeting called for such purpose by the Architectural Committee or by the owner of any lot. At such meeting the owners of each lot shall be entitled to one (1) vote for each lot owned for each member of the Architectural Committee to be elected, and the three (3) persons receiving the greatest number of votes from among those owners present in person or by proxy and voting shall be deemed elected Cumulative voting shall not be allowed. Members of the Architectural Committee shall serve for the terms (or which they were elected, and until their successors are duly elected. In the event of the death, disability or resignation of any member of the Architectural Committee (and any member thereof shall be conclusively presumed to have resigned if he no longer owns any lot in this subdivision), the remaining member or members shall elect the successor or successors to fill the vacancy or vacancies created, until the next election. A majority of the members of the Architectural Committee shall constitute a quorum for any approval or disapproval, or the taking of any other action, and the decision of a majority of such members shall control without exception and be final, conclusive and binding. 15. No construction shall be commenced, nor any building, structure or other improvements (including, without limitation, fences, walls, basketball goals, driveways and walkways be erected, removed, placed or altered (including changes in exterior materials, color or appearance), on any lot in this subdivision until the building plans (including the landscaping plans), specifications (including colors and proposed materials) and plot plan showing the location thereof and of all improvements proposed, including driveway size and location and drainage, have been submitted in writing to and approved in writing by the Architectural Committee as to the compatibility of the exterior design, appearance and location of the same with existing structures in this subdivision and as to the conformity of the same with the intent of the covenants and restrictions set forth in this plat; provided, however, that mini-barns, storage sheds, and such similar detached structure shall not be permitted to exist on any lot within this subdivision, except as may be constructed by Declarant or as otherwise existing as of the date hereof. If the Architectural Committee fails to act upon any plane properly submitted to it for its consideration within a period of fourteen (14) days after the submission date of the same, the owner may then proceed with the building or construction activity according to the place as submitted. Neither the Architectural Committee nor any of its members shall be entitled to any compensation nor the consideration of any plan submitted to it or nor any approval given by it hereunder. Neither the Architectural Committee, nor any member thereof, nor any agent thereof, nor the Declarant shall be responsible in any way for any defects in any plan, specifications or other materials submitted to it, nor for any defects in any work done according thereto Further, the Architectural Committee does not make, and shall not be deemed by virtue of any action of approval or disapproval taken by it to have made, any representation or warranty as to the suitability or advisability of the design, the engineering, the method of construction involved, or the materials to be used as reflected on any plans, specifications or other materials submitted to it. The Architectural Committee shall have the right, in its consideration of plans submitted to it and in giving any approval hereunder to make exceptions to or waive or vary any of the restrictions contained herein if, in its discretion, it, determines that such exceptions, waivers and variances will not substantially detract from the compatibility of the construction as so approved with existing structures in this subdivision; provided, however, that no such exception, waiver or variance shall be made as to restrictions set forth herein which are also required pursuant to any zoning ordinance, building code or other governmental law, ordinance, rule or regulation. The approvals of the Architectural Committee, required hereunder shall be in addition to, and not in lieu of, any approvals as to such matters or permitted or such matter required to be obtained from any other persons or government entities pursuant to the terms of this plat, any zoning ordinance or building code, or otherwise. 16. No heat pumps, air-conditioning units, gas meters or other outlying structures or appurtenance shall be installed in front of the front line of the principal residence erected on any lot. Every effort shall be made to locate such items at least 15 feet back from the front line of such principal residence Architectural or landscaped screen shall be constructed or provided to shield the aforementioned items from view from the street and from adjacent properties. 17. No roof shall be installed having a roof pitch of less than 5/12 unless a lesser pitch is specifically approved by the Architectural Committee. 18. Any storm doors or storm windows installed on or used in connection with any building on any lot and not initially installed by Declarant or a builder concurrently with the original construction, must be approved by the Architectural Committee. All garage doors within the subdivision shall be of a paneled design and are subject to approval by the Architectural Committee. 19. All exterior flues shall be enclosed in wood, brick or masonry. All plumbing vent stacks shall be located to the rear of the house. No sump pump lines, water softener lines or other drains shall empty into any street. 20. Each residence shall be provided with a mailbox to be furnished and installed by the builder concurrently with the original construction of the principal residence on each lot, and prior to the date of initial occupancy of such residence. All mailboxes shall be of the same design, in accordance with a standard mailbox design approved by the Architectural Committee. Unless specific written approval is given by the Architectural Committee, no names, designs or other ornamentation shall be placed on any mailboxes or their supporting posts or structures other than street address numbers. 21. The owner of each lot shall at all times be required to maintain his lot and the exterior integrity and appearance of all structures and improvements on his lot in such a manner as to prevent his lot, and structure and improvement thereon, from becoming unsightly and, specifically, such owner shall re-paint and re-stain any surface of improvements or structures where such surface color is faded or is flaking or peeling away from the improvement or structure, or repair or replace any such improvement or structure if damaged (i.e. dents in metal garage doors). 22. The placement on any lot of swimming pools, hot tubs or like facilities and related equipment must be approved in writing by the Architectural Committee. No above-ground swimming pools will be allowed or permitted. Any structures used to house swimming pool plumbing equipment shall be subject to the approval of the Architectural Committee. Such structures shall not be larger than necessary to house such equipment. 23. No exposed television, radio or other antennas (including, without limitation, satellite receiving dishes (except as permitted as provided below) shall be allowed or permitted on the exterior of any building or on any Jot; provided, however, satellite receiving dishes having a diameter of three (3) feet or less shall be permitted subject to the approval of the Architectural Committee as provided in Section 15 hereof. 24. No parking of any vehicles, other than in a garage, wi11 be permitted on any lot other than in the driveway of the respective lot. Such parking shall only be available for operable, duly registered and licensed automobiles for which there is not available room in an owner's garage. No other vehicles (including, without limitation, automobiles, vans, trucks, campers, motorcycles, motor homes, boats and trailers) shall be placed, parked or stored on a lot at any time outside of the garage on such lot without the approval of the Architectural Committee, which may be withheld for any reason. No on-street parking shall be permitted for more than twenty-four (24) consecutive hours for any vehicles. 25. No clothes, sheets, blankets, laundry of any kind, or other article shall be placed, located or hung out on a lot so as to be visible from outside such 1ot. 26. No farm animal, foul, or domestic animals, other than household pets, shall be permitted to be kept within this subdivision. All household pets otherwise permitted hereunder shall be kept on a leash when not within confines of the lot of the owner of such pet. Owners shall be required to control their pets so that they are not and do not become a nuisance to the neighborhood, including, without limitation, noise produced by such pets. Owners are not to allow their pets to relieve themselves other than on the lot owned by the owners of such pets. 27. The within covenants, limitations and restrictions may be amended at any time, and from time to time, by the approval of such amendments by the owners of at least two-thirds of the lots in this subdivision; provided, however, that any such amendment hereto during the Development Period shall require prior written approval of Declarant. 28. The within covenants, limitations and restrictions are to run with the land and shall be binding on all parties and persons claiming under them as long as they remain in effect in accordance with the terms hereof. The right to enforce the within provisions, restrictions and covenants by injunction together with the right to cause the removal by due process of law of any structure erected or maintained in violation thereof is hereby dedicated and reserved to each of the owners of the several lots in this subdivision, their heirs and assigns, Declarant, the Homeowners Association, the Architectural Committee, its successors and assigns, all of whom shall be entitled to such relief without being required to show any damage of any kind to any such owner, owners or party by or through any such violation or attempted violation. Such provision shall be in full force and effect for a term commencing on the date this instrument is recorded and expiring on December 31, 2012, at which time said covenants, limitations and restrictions shall be automatically extended for successive period of ten (10) years each unless, by a vote of the majority of the then owners of the lots in this subdivision, it is agreed to change (or terminate) these covenants, limitations and retractions in whole or in part; provided, however, that no change or termination of said covenants, limitations and restrictions shall effect any easement hereby created or granted unless all persons entitled to the beneficial use and enjoyment of such easement shall consent thereto. Invalidation of any of the covenants, limitations and restrictions contained herein by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 29. In addition to the covenants, Limitations and restrictions contained in this plat, lots 77-80,85-89 and 90 in this subdivision (the "Lake Lots"), are or may in the future become subject to certain additional covenants and restrictions contained or to be contained in a certain Declaration of Covenants, Restrictions and Maintenance Obligations which Declarant may hereafter record in the office of the Recorder of Marion County, Indiana (the "Lake Declaration" ), providing for the maintenance, upkeep, repair, operation and administration by a not - for - profit corporation which may hereafter be incorporated under the laws of the State of Indiana by Declarant under the name Valley Creek Lake Association, or a name similar thereto (the "Lake Association"), of the water detention ponds or lakes and adjacent shoreline created by Declarant as shown on the within plat, and for the equal sharing of the costs thereof by the owners of the Lake Lots, and subject further to all of the rights, powers, duties and obligations of the Lake association, as set forth or to be set forth in the Lake Declaration. If there is any irreconcilable conflict between any of the covenants and restrictions contained in this plat and any of the covenants and restrictions contained in the Lake Declaration, the conflicting covenant or restriction contained in this plat shall govern and control to the extent only of the irreconcilable conflict, it being the intent hereof that all such covenants and restrictions shall be applicable to said real estate to the greatest extent possible. 30. In addition to the covenants, limitations and restrictions contained in this plat, all of the real estate described in this plat is or may in the future become subject to certain additional covenants and restrictions contained or to be contained in a separate instrument which Declarant may record in the Office of the Recorder of Marion County, Indiana (the Declaration), providing for a not-for-profit corporation which may be incorporated under the laws of the State of 1ndiana by Declarant under the name "Valley Creek Homeowners Association, Inc.", or a name similar thereto (herein referred to as the "Homeowners Association"). The Declaration shall provide for the Homeowners Association to be responsible for the maintenance, upkeep, repair, operation and administration of, or installations and improvements made or to be made by Declarant, and for the sharing of the costs thereof by the owners of certain lots and properties benefited thereby, and subject further to all of the rights, powers, duties and obligations of the Homeowners Association, as set forth or to be set forth in the Declaration. If there is any irreconcilable conflict between any of the covenants and restrictions contained in this plat and any of the covenants and restrictions contained in the Declaration, the conflicting covenant or restrictions contained in this plat shall govern and control to the extent only of the irreconcilable conflict, it being the intent hereof that all such covenants and restrictions shall be applicable to said real estate to the greatest extent possible. 31. "The Metropolitan Development Commission, its successors and assigns, shall have no right, power or authority, to enforce any covenants, commitments, restrictions or other limitations contained in this plat other than those covenants, commitments, restrictions or limitations that expressly run in favor of the Metropolitan Development Commission; provided further, that nothing herein shall be construed to prevent the Metropolitan Development Commission from enforcing any provisions of the subdivision control ordinance, 58-A0-3, as amended, or any conditions attached to approval of this plat by the Plat Committee." In Witness Whereof, Sunrise Real Estate Development Corp. by its duly authorized office has executed this instrument this 22nd day of Dec, 1995. SUNRISE REAL ESTATE DEVELOPMENT CORP. BY: Kenneth L. Borgmann, President STATE OF INDIANA ) )SS: COUNTY OF MARION ) Before me, a Notary Public in and for such County and State, personally appeared Kenneth L. Borgmann, President of Sunrise Real Estate Development, Corp., an Indiana corporation, who acknowledged the execution of the above and foregoing instrument for and on behalf of said corporation, for the uses and purposes therein set forth. Witness my hand and Notarial Seal this 22nd day of Dec, 1995. Sharon D. Gibson Notary Public My Commission Expires: 12-25-98 |
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