Te NYA06069356 a Have see eee FUE Joe Aerie 02 - OF. 21. 179. Bh. GG. 082. Cle DEDICATION AND DECLARATION OF PROTECTIVE RESTRICTIONS, COVENANTS, LIMITATIONS, EASEMENTS, AND APPROVALS APPENDED TO ASPART OF THE DEDICATION AND PLAT OF METEA VALLEY, SECTION Il, A SUBDIVISION OF CEDAR CREEK TOWNSHIP, ALLEN COUNTY, INDIANA fins Cabins F Page id METEA, LLC, an Indiana Iited liabilty company, hereby declares that tis the Developer and Herbert 0. Delagrange and Lena Delagrange, husband and wife, are the Ownere of real estate wich includes Metea Valley Section il, and do hereby ayoft, plat and subdivide said real estate in accordance with tne information shown on the final pat, being the certfed plat appended hereto and incorporated herein. A part of the Subdivision shal be known and designated’ as Metea Valley, Section Ill a Subdhision In Cedar Creek Township, Alen County, nciana ‘The Lots shail be subject io and impressed with the covenants, agreements, restrictions, easements {and limitations hereinafter set forth, and they shall be considered a part of every conveyance of land in Metea Valley, Section i, without being witten therein. The provisions herein contained are for the mutual beneft and protection of the owners present and future of any and all land in the Subivision, and they shall run wath and bind the land and shall inure to the benefit of and be enforceable by the owners of land included therein, their respective legal representatives, successors, arantees and assians. The Lots are numbered from 95 to 97, inclusive; and all dimensions are shown in feet and decimals of a foot on the plat ll streets and easements specifically shown or described are hereby expressly dedicated to public use for their usual and intended purposes, PREFACE Metea Valley isa tract of real estate which has been and will be ultimately subdivided into ‘approximately ene hundred three (103) residential Lots, allt be included in and known as Metea Valley, ‘Separately designated by sequentially numbered sections, Each ower of a Lot in Metea Valley shali become: ‘a member ofthe Community Association known as Metea Community Association, Inc. and shall be bourd by the Articles of Incorporation and By-Laws of said corporations, It shall be the obligation ofthe Metea Community Association, Ine. to make provision for the ‘maintenance ofthe common areas designated on the face of the Plat, and the common areas in al sections of Metea Valley, AUDITOR'S OFFICE Duly entered fer txaton, Subject ‘etal acerca once : A 153 mn. Madey Le Nov 13 2008 & 4328 Flagstaff Cove FeWayne, IN 46815 Aes "RUDITOR OF ALLEN COUNTY‘This Preface and its statement shall be deemed a covenant of equal force and effect a all thers herein set forth ARTICLE | Definitions ‘The terms hereinafter set forth shall have the folowing meanings: ‘Section 1. "Architectural Control Committes” shall mean the body designated herein to review plans and to grant or withhold certain approvals in connection with improvements and developments, The Committe shall be composed of thre (3) memiers italy appointes by the Developer, Any vacancies from time to time shall be filed pursuanto the terms ofthese Restrictions or the By-Laws of the Association. ‘Section 2. "Association’ shall mean and refer to Metea Community Association, nc, ts successors and assigns. ‘Section 3. "By-Laws" shall mean the By-Laws inally adopted by Metea Community Association, Ine, and all amandmants and adelions tharst, ‘Section 4, "Common Area" shall mean all real property owned by the Association forthe common Use and enjoyment of the Owners af Lots in Metea Valley, Section Il, and other sections of Metea Valley. a5. shown on the respective plats of said sections, and as may be added in accordance with Article I, Section 3 of these Restictions. Section 5. "Developer" shall mean METEA, LLC, an Indiana limited iabilty company, its assigns. ‘successors or successors in interest, and any person, frm or corporation designated by itor Ks said succesor fr successor in interest, Section §. “Dwelling Urit' shall mean and refer to the structure used as a residential ving unit located upon a Lot, including the garage and any appurtenances, SectionZ, _ "Lot" shall mean any of sald Lots in Metea Valley, Section Il, as platted or any tract of land as conveyed originally or by s.bsequent Owners, which may Consist af one or mere Lots or parts of one‘or more Lots, upon which a dweling may be erected in accordance withthe restrictions hereinafter set forth PROVIDED, HOWEVER, no tract of land consisting of part of any one Lot or parts of more than one Lot shall bbe considered a "Lot" uniess said tract of land has a minimum of ity (60), fest width at the estabilshed building line as showm on the pat Section 8. _"Metea Valley" shall mean and refer collectively to each section of the Metea Valley development, as it may be changes from time to ime. "Owmer" shal mean and refer tothe record owner, whether one or more persons or enttias, ofa fee simple tite to any Lot which isa part ofthe plat, including contract sellers, excluding those having such interest merely as securty for the performance of an abigation ‘Section 10, "Restrictions" shall mean and refer to the Dedication, Protective Restrictions, Covenants, Limitations, Easements and Approvals appended to a part of the Dedication and Plat of Metea Valley, Section Il Sedlion 11, “Shared Conmon Area” shall mean the real property designated as Block "J" and Block ‘on the plat of Mstea Valley, Section il Section 12 "Subdivision shall mean Metea Valley and all of is various sections, a Subdivision located in Cedar Creek Township, allen County, Indiana, ARTICLE It Property Rights Section 1. Owners Easements of Enjoyment Every Owner shall have aright and easement of ‘enjoyment in and to the Common Area which shall be appurtenant fo and shall pase withthe tie to every Lot, ‘subject tothe following provisions: (a)__ the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Comman Area: (b)__ the right ofthe Association to suspend the voting rights and right to use of the recreational facities by an Owner for any period during which any assessment against sald (Owner's Lot remains unpaid; and fora period not to exceed thirty (30) days for any infraction by said Owner, or the Owner's famly, tenants, contract purchasers or invitees of is published rules ‘and regulations after hearing by te Board af Directors of the Association (©) _ the right ofthe Association to dedicate or transfer all or any part of the Common ‘Area to any publie agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members, No such dedication or transfer shall be effective unless an instrument signed by two-thirds (23) of each class of members ofthe Association agreeing te such dedication or trane’er has been recorded, ‘Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, said ‘Owner's right of enjoyment tothe Common Area and facilities tothe members of hishher family, his her tenants for contract purchasers who reside an the property Section 3, _Adaitions to Common Area. The Developer reserves the right so long as Class B ‘members of the Association ext, lo convey and transfer to the Association such adaftonal real andor personal property as the Developer within its sole discretion deems appropriate, and the Association shallaccept such transfer and shall hol such property asa part ofthe Common Area ofthe Subdivision, ARTICLE Itt Architectural Control No building, improvement, construction, excavation, fence, wal, swimming pool or spa, exterior lighting, ‘swing set, play equipment, statues lawn ornaments or other non-lving landscaping ornamentation device, or ‘other structure shall be commenced, erected, altered or maintained upon any Lot, nor shall any exterior ‘addition to or change or alteration af any Dwelling Unit be made unt two (2) sets of plans and specications ‘showing the nature, kind, shape, height, materials and location ofthe same shall have been submitted to and ‘approved in writing by the Architectural Control Committee as to (1) harmony of extemal design and location in ‘elation to surrounding structures end topography, and (2) the standards and guidelines established by the Architectural Control Committee from time to time. All approvals shall be requested by submission to the Architectural Control Committee ofplans and specifications in duplicate, showing the following (2) The Dweling Unit, and other improvements, access drives, and other improved areas, and the locations thereof on the site: (©) Allmail boxes and exterior omamentation; (©) Plans foralfloors and elevations, including projections and wing walls, (@ Exterior lighting plan; (2) Walls, encirg, and screening: (Patios, decks, pools, and porches, Neither the Developer, the Architectural Control Committee, the Association, nor any member, officer of director erect, nor any oftheir respecave heirs, personal representatives, successors or assigns, shall be liable to anyone by reason of any mistake in judgment, negligence, or nonfeasance ar'sing oUt of o relating to {he approval or disapproval or fallu'e to approve any plans 80 submitted, nor shal they, or any of them, be responsiole or able for any structural defecs in such plans on any building or structure erected according to ‘such plans or any drainage problems resulting therefrom. Every person and entity who submits plans to the Architectural Control Committee acrees, by submission of such plans, that he of itwll not bring any. action ‘oF suit against the Committee, the Association or the Developer to recover any damages or to require the Committee or the Developer to take or refrain from taking, any action whatever in regard to such plans or in regard to any building or structure erected in accordance therewith. Nelther the submission of any complete set3 of plans to the Developer's offoe fo review by the Architectural Control Commitee, nor the approval thereof by that Committee, shall be deemed to guarantee or require the actual construction ofthe building or structure therein described, and no adjacent Lot Owner may claim any telanee upon the submission andlor approval of any such plans or the Euldings or structures deserbed therein. ‘The original Architectural Control Commitee shall consist of three (3) members: Herbert Delagrange, Lamy Delagrange and Craig Yoder. A majorty of the Committee may designate a representative to act fort in the event of death or resignation of any member of the Committee, te remaining members shal have full authority to designate a successor. In the event said Board, or the Architectural Control Commitee, falls to ‘approve or disapprove such desigr and location within tity (30) days after said plans and specifications have been submitted to approval wil nt be required and this Atle wil be deemed satisfied ARTICLE IV Metea Community Association, Inc.Section 1, Organization. There has been organized in connection with the development of Metea ‘Valley, and its various sections, an incorporated not for proft association known as Metea Community Association, Inc. the "Association ‘Section2. Membership and Voting Rights. Every Owner of & Lot shall be a member of the ‘Association, together with all otherlot owners in the Subdivision. Membership shall be appurtenant to and may ‘ot be separated ftom ownership cf any Lot which is subject to assesement Section 2. Classes of Membership. The Association shall have two (2) classes of voting membership Glass A. Class A members shall be all Owners, together with all other lt owmers in the Subsivision exclusive ofthe Developer. Owners shal bo entitle to one (1) vote for each Lot owned, Class8. —_The Class B member(s) shal be the Developer, and shal be entitled to three (2) votes for each Lot owned in the Subdivision. The Class B membership shall cease and bbe converted fo Class A membership on the happening of ether ofthe following events, whichever accurs earer: (@) when tte toll ots in all sections of the Subdivision has been conveyed, of (&) —onDecember 31, 2012. ‘Section. Membership Transfer. Membership in the Association wil transfer from the Developer or its successor in interest to the Owner upon delivery ofthe Deed to Owner's Lot Secion 5, Continuing Memberships. The Owner of any Lot shail continue to be a member ofthe “Associaton so iong as such Owner continues to be the Owner of @ Lot for the purpose herein mentioned, Membership shall pass with the transfer of ttle tothe Lot Section. Transfer of Membership Rights and Privileges in the Association. Each Owner, and in leu thereof, (and with the written consent of such Owner to the Association) each lessee ofa Lot shall be a ‘member ofthe Associaton and have the right tothe Owners vote and privileges. Membership, where assigned toa lessee, wil pass with the lease, except f the Owner withdraws hisiher consent in writing to the ‘Association. The Owner may withcraw his/her membership assignment to any lessee in hishher discretion by issuing a shy (60) day notice in wring to the Association. No assignment of membership shall reieve an (Ouner of the Lot from the obligation fo pay any assessment authorized by these Resticions. Section7. Creation of he Lien and Personal Obligation of Assessments, Each Owner of any Lot, ‘excepting Developer, by acceptance of a deed therefor, whether or not it shall be 80 expressed in such deed. is deemed to covenant and agree to pay to the Association: (1) annual assessments; (2) special assessments; (G) Tax Recoupment Assessment. Such assessments shall be established and collected as hereinafter provided. The annual, special and Tax Recoupment assessments, together with interest, costs, and reasonable attomey’s fees, shal bea charge and a continuing lien upon the Lot against which each such ‘assessment is made. Each such assessment, together with interest, costs, and reasonable atiomey's fees ‘shal also be the personal obligation ofthe person who was the Owner of such Lot atthe time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to an Ouner's ‘successors in le unless expressly assumed by them, Section 8. Purpose of Annual Assessments. The anual assessments levied by the Associationshall be used exclusively to promase the recreation, health, and weifare of the Owmersin all sections of Metea Valley, including, but not limited to, the improvement and maintenance of the Common Area, maintenance of _tret ighting, maintenance of the sprinkling system, maintenance of the storm water impoundment basin ‘along with is attendant water level contol structure situated on the Common Area, and removal of snow rom the streets, Section 9. Maximum Annual Assessment. Untl January 1 of the year immediately following the ‘conveyance of the fst Lotto an Ouner, the maximum annual assessment shall be One Hundved Sixty and No/100 Dollars ($160.00) per Lot (a) From and after January 1 ofthe year immediately following the conveyance of the fist Lot to an Owner, the maximum annual assessment may not be increased each year ‘more than eight percent (8%) above the maximum annual assessment forthe prior year, without the vote or witten assent o fify-one percent (51%) of each class of members ofthe Association (b) The Board of Directors of the Association may fx the annual assessment al an amount notin excess of the maximum without the vote or written assent af ity-one percent (61%) of each class of members of the Association Section 10, Special Assessments. In addition tothe annual assessment authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, n whole orn pat (1) the cost of any conetructon, pair or replacement ofa capital Improvement upon the Common Avea, including fitures and personal property related thereto: (2) any budget shortfall: or (8) emergency need ofthe Associaton, provided that any such assessment shall have the vote or \riten assent of fity-one percent (51%) of each class of members ofthe Association ‘Section 11, _ Notice and Quorum for Any Action Authorized Under Section @ and 10. Any action ‘authorized under Sections 9 and 10 shall be taken at a meeting called for that purpose, wrlten notice of which Shall be sent to all members not les tnan thirty (su) days nor more tan Sw (80) days in advance of the ‘meeting. Ifthe proposed action is favored by a majority ofthe votes cast at Such meeting, but such vote is less ‘than the requisite ty-one percent (51%) of each class of members, members wha were not present in person ‘or by proxy may give thei assent in wring, providing the same is obtained by the appropriate officers of the ‘Association not later than thy (30) days from the date of such meetin, Section 12 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a Luniform rate fora Lots and may be collected on a monthly or yearly basis as the Board of Directors may ‘etermine from time to time, Section 13. Date of Commencement of Annual Assessments: Due Date, The annual assessments provided for herein shall commence as to all Lots (excepting Lots owned by the Developer on the date of the ‘ginal recording ofthese Restrictons with the Recorder of Allen County, The frst annual assessment shall be {adjusted according tothe number of days remaining in the calendar year. The Board of Directors ofthe ‘Association shall fix the amount ofthe annual assessment against each Lot for each annual assessment Period. Whiten notice ofthe anruel assessment shal be sent to every Owner subject thereto. The due date shall be established by the Board cf Directors ofthe Association. The Association shal, upon demand, and for a reasonable charge, furnish a ceriicate signed by an officer ofthe Association setting forth whether the assessments on a specified Lot have been paid Section 14, Club Membership Operating Fund Assessment: The Developer has constructed a bathhouse and swimming pool witin Mtea Valley, which facies wil be owned and operated by the Association, and which will be avaiable for use by members of the Association. Upon the substantial ‘completion ofthe bathhouse and swimming pool as determined by the Board of Directors of the Association, a Club Operating Fund will commence and all Single-Family Lot Owners within Metea Valley, except those‘ovmed by the Developer, shall be charged a Club Assessment (in adsition tothe Annual Assessments and ‘Special Assessments provided in Sections 9 and 10, respectively), with respect tothe operation and maintenance of said facies. This Club Assessment willbe assessed against each lot owner irrespective of ‘whether a Dwelling Unit is locatedthereon. Such Club Assessment shall bear interest, shal become a lien Upon the Lot against which itis assessed, shall become the personal obligation ofthe owner of euch lot, and may be collected in accordance wih the provisions of this ticle, Except forthe frst Club Assessment, the due date shall be established by the Board of Directors ofthe Association. All Club Assessmen' shall be determined by and paid to the Association, and the Association shall be responsible for carrying out the purposes of such Club Assessments, All members shall be subject to all rules and regulations governing Membership and use as may be established by the Association from time to time, “The amount ofthe annual Cub Assessment shall be established as follows: (2) Commencing prior to the substantial completion of the bathhouse and swimming poo, the Board of Directors of the Associaton shall establish a budget forthe fiscal year and shall determine therefrom fie annual Club Assessment for each lot required to mect said budget. Such budget and Club Assessment for each fiscal year shal Be established by the Board of Directors. The Beard of Directors shall mail o all Association members a copy of a proposed budget and notice ofthe proposed Club Assessment. (0) Said Club Operating Fund shall be used exclusively forthe purpose of operating ‘and maintaining said bathhouse and swimming pool as well as all recreational facities therein oF used in connection therewith, incluging but not limited to, repair, maintenance, cost of labor, equipment, supervision, aves, insurance, and all other things necessary or desirable in the ‘pinion of the Board of Directors of the Association Section 15. Tax Recoupment Assessments. In addition to all other assessments provided for in tis ‘Aticle, the Association may levy In any assessment year, an assessment ("lax Recoupment Assessment’) ‘applicable to that year only forthe purpose of detraying, in whole or in part, any castor expense incurred by the Associaton in the form ofa tax andlor penalty andlor interest on a tax imposed upon, assumed by of assessed against the Association or its properties, and arising out of orn any way related to the acceptance of title to, the ownership of andlor operation or maintenance of any plant or equipment (including utity lines, it stations and other property) fr the transmission, delivery or furnishing of water, or for the collection, ‘transmission and disposal of lquidand sold waste, and sewage, andlor the ownership of any real estate or leasements or other sighs with respect to realestate owned andlor possessed in connection with such plant or equipment Section 18, _ Effect of Nonpayment of Assessments: Remedies ofthe Association, Any assessment (Annual, Special or Tax Recoupment) not paid within thity (30) days afer the due date shall bar interes from the due date at the rate of ten percent (10%) per annum, The Association may bring an action at law against the Onner personally obligated to 2ay the same, or foreciose the lien againet the Lot. In any successful action, the Associaton shall be ented to recover all fits costs and expenses, including attomey's fees. No Owner ‘may waive or otherwise escape lant for the assessments provided for herein By non-use of the Common ‘Area or abandonment ofthe Owners Lot Subordinaten ofthe Lien to Mortgages. The len ofthe assessments shall be subordinate to the len of any first morgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of ary Lot pursuant to mortgage foreclosure or any proceedings in leu thereof, shall extinguish the lien for such assessments as to payments which became due prior to such sale or transfer. No sale of transfer shal relieve such Lot from lability for any assessments thereafter becoming due or from the len thereofARTICLE V Goneral Provisions Section 1. Residential Purposes. No Lot shall be used except for residential purposes. No ‘weling shall be erected, altered, olaced, or permitted to remain on any Lot other than one (1) detached single-family dweling not to excees two and one-half (21) stories in height. Each dwelling shall include an attached three-car garage and basements may be coneructed as a part ofthe dweling, Section 2. Home Occupations. No Lot shal be used for any purpose other than as a single-family residence, except that a home occupation, defined as follows may be permitted: any use conducted entirely uithin the Dweling Unit and particbated in solely by a member ofthe immediate family residing in said Dweling Unit, which use is clearly incidental and secondary tothe use ofthe Dweling Uni for dwelling purposes and does not change the character thereof and in connection with which there is: (@) no sign or Sispay that inicates from the exterior that the Dueling Uniti being lized in whole or in pat for any purpose other than that of a Dueling Unit b) no commodity is Sold upon the Lot: (c) no person is employed in such home occupation other than a meniber ofthe immediate family residing in the Dwelling Unit. and (a) no ‘mechanical or electrical equipment is used; provided tht, in no event shal a barber shop, sting salon, beauty Parlor, tea room, licensed child care center or other licensed or regulated babysiting service, animal hospital, ‘or any form of animal care or treatment such as dog trimming be conetrued as a home eccupation. Dweling Units must be in compliance wit al Leo-Cedanille Zoning Ordinances, ‘Section 3. Building Sizes. No Dueling Unit shall be bult on any Lot having the living area ofthe main structure, exclusive of one-sixy open porches, breezeways or garages of less than 2,000 square feet for ‘2. one-story dveling, nor less than 1,400 square feet onthe fist floor with a combined total of 2,200 square fect fora 1 % story ‘bi-level andiotr-level dweling, nor less than 1,250 square feet onthe fst floor for a ‘dwelling of more than one-story Section 4. Garages. Al Dwelling Units must have a three-car attached garage, Section 5, Building Setback. No Dweling Unt or any improvements or structures shal be located ‘on any Lot nearer tothe front Lot Ine or nearer to the side street ine or the rear property line than the ‘minimum bulding setback lines shown on the recorded pat. In any event, no Dwelling Unit shall be located ‘nearer than a distance of seven (7) feet toa side Lot ne, and, no nearer than a distance of twenty-five (25) feet toa rear property line if there is no rear setback line show onthe recorded plat Section 6. Minimum Lo: Size, No Dwelling Unit shall be erected or placed on any Lot having a ‘width of fess than fifty (60) feet al the minimum building setback line, nor shall any Dweling Unit be erected or placed on any Lot having an area of less than 7,000 equare feet Section 7, Utility and Drainage Easements. Easements forthe installation and maintenance of lites and drainage facities are reserved as shown on the recorded plat. No Owner of any Lot shal erect or giant to any person, firm or corporation, the right, license or privilege to erect or use or permit the use of ‘overhead wires, poles or overhead facies of any kind for electrical, telephone or television service (except such poles and overhead facilities hat may be required at those places where distribution facities enter and leave the Subdivision). Nothing herein shall be construed to prohibit street Ighting or omamental yard lighting ‘serviced by underground wires or cables. All easements for public and municipal utites and sewers as \dadicated on the face ofthe plat stall be kept free of all permanent structures and any structure, shrubbery, tees, oF other installation thereon, whether femporary or permanent, shall be subject o the paramount right of the enties for which such easements are intended to benefit, t0 install, repair, maintain of replace thet utty ‘or sewage facilities. The removal o any such obstructions by utes or sewage treatment works shall in no \way obligate them in damages or o restore the obstruction to its original form. Electrical service entrance {acities installed for any house or other structure connecting the same tothe electrical distrbution system of ‘any electric public utility shall be provided by the Ouners of all Lots and shall carry not less than thvee (3) wires‘and have a capacity of not less than 200 amperes. Section® Surface Dranage. Surface Drainage Easements and Common Areas used for drainage purposes as shown on the plat are intended for either periodic or occasional use as conductors forthe flow of Surface water runoff to a suitable cutlet and the land surface shall be constructed and maintained so as to achieve this intention, Such easerrent shall be maintained in an unobstructed condition and the County ‘Surveyor or a proper public authority having jurisciction over storm drainage shall have the right to determine if {any obstruction exists and to repalt and maintain, or to require such repay and maintenance as shall be reasonably necessary to keep the conductors unobstructed, Section@ Maintenance of Lots and Dweling Units. No Lot and ne Dwelling Unit shall be permitted ‘0 become overgrown, unsightly orto fall into cisrepai. All Dwelling Units shall at ll times be kept in good condition and repair and adequately painted or otherwise finished in accordance with specifications established by the Architectural Control Commitee. Each Owner, for himseifherself and his/her successors and assigns hereby grants tothe Association, intl and severally, the right to make any necessary alterations, repairs or ‘maintenance approved by the Arctitectural Control Commitee to carry out the intent of this provision and they further agree to reimburse the Association for any expenses actually incurced in carrying ut the foregoing. The Association may assess and collect such reimbursement inthe sare manner as f assesses anc collects yearly assessments pursuant to Atticle IV, above, and such amounts shall become a lien upon the Lot and be ‘subject to the same collection rights and remedies granted to the Association in Article IV, Section 10. Lan All shrubs, trees, grass and plantings of every kind shall be kept well ‘maintaines, properly cultivated anc free of trash and other unsighty material. Landscaping shall be installed ‘no later than one hundred eighty ('80) days folowing occupancy of or completion of the Dueling Unit, whichever occurs fist. Section 11, _ Nuisances. No noxious or offensive activity may be carried upon any Lot, nor shall anything be done thereon which may be or may become an annoyance oF nuisance tothe neighborhood, ‘without limiting any ofthe foregoing, no exter lights, the principal beam of which shines upon portions of Lot other man ine Lot upon wien Rey are located, or which gtnerwise cause unreasonable interference with the use and enjoyment of a Lot by ne occupants thereof, and no speakers, home, whistles, bells or other ‘sound devices, shall be located, used or placed on a Lot which are audible, except security devices used ‘exclusively for security purposes which are activated only in emergeney situations or for testing thereof ‘Section 12, Temporary Structures and Storage. No structure ofa temporary character, taller, boat trailer, truck, commercial vehicle, recreational vehicie (RV) , camper shell all terrain vehicle (ATV), camper oF ‘camping trailer, detached basement, tent, shack, detached garage, bam or other outbulaing shall be ether used or located on any Lot, or adjacent o any Lot, public street or right-of way withthe SubdWvision at anytime, (Fused as a residence either temporarily or permanently, Section 13. Sian. No sign of any kind shall be cisplayed tothe public view on any Lot except one (1) sign of not more than five (5) scuare feet, advertising such Lot for sale, or signs used by a bulder to, advertise such Lot during the construction and sales petiod Section 14. Radio and Television Antennas, No radio or television antenna shall be attached to any Dueling Unit No ree standing rado or television antenna shal be permitted on any Lol. No television receiving disk or dish that exceeds wo (2) feet in diameter shall be permitted on any Lot or on any Dwelling Unit. No solar panels attached or detached shall be permitted Section 15. Diili ina, Quarrying and Mining Operations. No ol ing, ol development ‘operations, ol refining, quarrying 0° mining operations of any kind shall be permitted upon or in any Lot. No derrick or other structure designedfor the use in baring frail or natural gas shall be erected, maintained oF Permitted upon any Lot‘Section 16. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or ‘maintained for any commercial pupposes, Section 17, Building Materials. All Dwelling Units and other permitted structures shall be constructed ina substantial and good workmarike manner and of new materials, The front exterior af each residence shall be constructed of al natural materals. No rol siding, asbestos siding or siding containing asphalt or tar as one of ts principal ingredients shall be used in the exterior construction of any Dueling Unit of other permitted structure on any Lots of said Subdivision and no rol roofing of any description of character shall be used on the roof of any Dweling Unit or other permitted structure on any of said Lots. ‘Section 18. Driveways, All driveways from the stret to the garage shall be poured concrete or ‘masonry and net less than siteer (18) fest in width Seclion 19, _ Individual Water and Sewage Systems. No individual water supply system or Individual ‘sewage disposal system shall be stalled, maintained or used on any Lots inthis Subdivision. Section 20. Geothermal Systems 20.1. An Owner whose Lotis immediately adjacent to Common Area containing a retention or tention pond shall have the right install and maintain the folowing described types of geothermal heating ‘and cooling systems ('Systams") to service the Dwelling Unit located onthe Lot, and the right to use the ‘Association property described below, 20.4.1. A System wih a closed loop heat exchanger designed to use retention or detention ponds located in Common Areas adjacent to such Lat 20.1.2. A System which uses and discharges well water from the System into retention of ‘detention ponds cated in Gommen Areas adjacent to such Lot 20.2. Any Systems so insalled must: 20.2.1. Satisty regulations of the Inciana Department of Natural Resources, and all applicable federal, state, and local laws, ordinances, and regulations. 20.22. Satisty reasonable requirements ofthe Allen County Surveyor or other applicable ‘governmental agency regarding surface water drainage and erosion contol and obtain written approval from ‘The Association, 20.2.3. Be installed according to approved guidelines of, and by technicians certified by, the Intemational Ground Source Heat >ump Association 20.3, Any Owner using Common Area owned by the Association forthe purpose described in Section 20.1 agrees to be responsible for and shall indemnify and hold the Association harmless from and against all ‘laims, losses, damages, and judgnents (including reasonable attorney fees and tigation expenses) caused by, oF resulting from, the Owner's use of Association property in connection withthe Systems. Section 21. Use of Public Easements. In adsiton to the utity easements herein designated, ‘easements in the strets, as shovm on this pat, are hereby reserved and granted to the Developer, the Association and any public or quas-public utility company engaged in supplying one or more ofthe tity ‘services contemplated in Sections 7 and 8 or this Section 1 of Article V, and their respective successors and assigns to instal lay, erect, constuct, renew, operate, repair, replace, maintain and remove all and every 10type of gas main, water main and sewer main (sanitary andlor storm) with all necessary appliances, subject, Nevertheless, to all reasonable requirements of any governmental Body having jurisdiction thereof as to maintenance and repair of said streets. Section 22. _ Sanitary Sewer Restrictions. No rain and storm water runoff or such things as roof water, street pavement and surface water, caused by natural precipitation, shall t any time be discharged into cr permitted to ow into the Sanitay Sewage System, which shal be a separate sewer system from the Storm Water and Suriace Water Runoff Sewer System. No sanitary sewage shall at any time be discharged or Permitted to low into the above-mentioned Storm Water and Surface Water Runoff Sewer System, Section 23. Improvements. Before any Dwelling Unit on any Lot in this Subdivision shall be used and occupied as a dwaling or otherwise, tne Developer of any subsequent Oumer of such Lot shall install improvements serving such Lot as provided in the plans and specifications for such improvements fled with the appropriate governmental authorities, together with any amendments or editions thereto which said ‘governmental authoriies may authorize or require. This covenant shall run with the land and be enforceable by any governmental authority having jurisdiction over the Subdivision, by the Association, or by any aggrieved Lot Owner in this Subdivision. Section 24. Permits and Certficates. Before any Dwelling Unit located on any Lot may be used or ‘occupied, such user or occupier stall ist obtain from the Leo-Cedarville Zoning Administrator an Improvement Location Permit and a Certificate of Occupancy as required by the Leo-Cedarville Zoning Ordinance, Section 25. Pools and Hot Tubs. No above ground pool, spa or hot tub, regardless of size, shall be placed or maintained on any Lot. Non ground swimming pool or hot tub or spa may be placed or maintained ‘on any Lot without the prior written approval ofthe Architectural Control Commitee in accordance with Article I and must be in compliance with ll Leo-Cedarvile Zoning Ordinances, Section 28. Swing Sets and Play Equipment. No swing sets or play equipment will be permitted on ‘any Lot without prior writen approval from the Architectural Control Committee in accordance with tice I jon 27. Fencing, Allproposed fencing must be submited to and approved by the Architectural Control Commitee in wting in accordance with Afi Ill and must meet all Leo-Cedarvile Zoning Ordinance requirements, Section 28. Storage Areas. Garbage and refuse shal be placed in containers, which shall be ‘concealed and contained within the Dwelling Unit. Firewood must be placed adjacent tothe Dweling Unit behind a visual barrier screening this area so that it isnot visible from neighboring streets. The visval barier ‘screening and the area to be used must be approved by the Architectural Control Commitee. Section 28. Malboxes. The type, locaton, and installation of mailooxes will be approved by the Developer. Section 90, Time for Buiding Completion and Restoration. Every Dueling Urit on any Lot shall be ‘completed within twelve (12) months after the beginning of such construction, No improvement which has partaly or totally been destroyed 2y fre or otherwise, shal be allowed to remain in such state for more than three (8) months from the time of such destruction or damage. Section 31. Single Owner Contiquous Lots. Whenever two (2) or more contiquous Lots shall be ‘owned by the same person, and such Owner shall desire to use two (2) or mare of said Lots as a site for a single Dweling Unit, said Owner shall apply in wring tothe Architectural Control Committee or Board of Directors of the Association for pemission to so use said Lots. If permission for such a use shall be granted, the Lots constituting the site for such single Dwelling Unit shal be treated as a single Lot for the purpose of, applying these Restrictions to said Lots, so lang as the Lots remain improved with one single Dweling Unit. 1""Notwithstanding the foregoing, each ofthe Lots constituting the site for such single Dwelling Unit shall remain 88 individual Lots for purposes of all assessments permitted by the terms of these Restrictions. As such, the (Owner willbe assessed for each Lot used as a site for a single Dwelling Unit Section 32. _Enforceability. The Associaton, any Owner, and the Developer shall each have the right to enforce, by any proceeding at lsw orn equity, all restrictions, conditions, covenants, reservations, lens and charges now or hereafter imposed by the provisions of these Restrictions. Failure by the Association or the Developer to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the Fight to do so thereafter, and shall not operate to deprive an Owner from enforcing said covenant or restriction, Section 33. Right of Enty. The Developer, the Architectural Control Commitee, and the ‘Association, acting through their respective representatives, shall ave the right, during reasonable hours, to enter upon and inspect the Lot and Dwelling Unit, whether prior to, curing, or afer the completion of, any Construction, for purpose of determining whether or not the provisions ofthese restrictions are being complied with and exercising all ights and pawers conferred Upon the Developer, the Architectural Control Committee, and the Association with respect tothe enforcement or correction or remedy of any failure of the Owner to ‘observe these restrictions, and the Developer, the Architectural Control Committe, and the Association and such representatives shall not be deemed to have commited 2 tresaass as a result thereat Notwithstanding the foregoing, an occupied Dweling Unt may not be entered hereunder unless written notice of such proposed ceniry shal have been given to the Owner at least five (5) days prior to such entry. ‘Section 34. Patil Invaldation. Invalidation of any one of these Restrictions by judgment or court, ‘order shall in.no way affect any other provisions which shal remain in ful fore and effect. Section 35. Covenants, Restrictions and Extensions. The covenants and restrictions herein Contained shall run with the land, and be effecve fora term of twenty (20) years from the date these Restrictions are recorded, ater whch time they shall automatically be extended for successive periods of ten (10) years; povided these Restrictons may be amended by an instrument signed by not less than seventy-five percent (75%) ofthe Lot Owners, and provided further, the Developer, is successors or assigne shall, with the ‘3pproval of sie Leo-cevarvile Pan Commission, have the exclusive right for a period ot two (2) years trom ne date of recording of these Restrictions to amend any ofthe Covenants and Restrictions, ‘Section 38. Subdivision of Lots. No Lot or combination of Lots may be futher subdivided unless seventy-five percent (75%) of the Lot Owners have approved by signing an instrument of approval and until ‘sald approval has been obtained from the Leo-Cedarvile Plan Commission. Section 37. Exterior Builing Surfaces. All exterior bulding surfaces, materials and colors shall be harmonious and compatible with colors ofthe natural surounding and other Dueling Units. The Architectural Control Commitise shal have the ight to approve or disapprove materials and colors so conteled, Dwelling Unt Exterior All windows, porches, balconies and exteriors of all Dwelling Units shall at all times be maintained ina neat and orderly manner. No clotheslines or other outside drying or airing facilities shall be permited. Section 38. Yard Lights. A dusk to dawn light (or gas light) of type and location approved by the ‘Architectural Control Committes stall be installed by the builder or Lot Owner on each Lot in front ofthe front building line and shall at alltimes te maintained and operational, Section 40. Fires. No ottdoor fres forthe purpose of burning leaves, grass or other forms of trash ‘hall be permited to burn upon any street roadway oF Lot in this Subdivision, No outside incinerators shall be kept or allowed on any Lot Section 41. Cost and Atbrney's Fess. In the event the Association or Developer is successful in any proceeding, whether at law or r- equity. brought to enforce any restriction, covenant, imitation, easement, 2‘condition, reservation, lien, assessment or charge now or subsequently imposed by the provisions of these Covenanis, they shalbe ented to recover from the party against whom the proceeding was brought, the attorney fees and related costs and expenses incurred in Such proceeding. Section 42. Annexation. Additional properties may be annexed by Developer and made subject to this Declaration. Said additional properties may be developed for single family residences, Said annexation may be perfected without the consent ofthe Overs Section 43. Flood Protesion Grade. In order to minimize potental damages from surface water, ‘ood protection grades (FPG) are established as set forth onthe attached plat as folows: LOT# MINIMUM FLOOD PROTECTION GRADES. = NONE ‘Al Dwelling Units to be constructed on the Lots designated herein shal be constructed ator above the ‘minimum flood protection grades; such grades shall be the minimum elevation of a fist loor or the minimum sill elevation of any opening below the frst floor as shown on the recorded plat of this Subdivision Section 44, Sidewalks. 2lans and specifications for this subdivision on file with the Leo-Cedarvile Plan Commission require the instalation of four (4) foot wide concrete sidewalk, within the street rights-of-way In front of the folowing numbered Lots inclusive Lor SIDEWALK 93-98 Front Installation of said sidewalks shall the obligation ofthe Owner of any such Lot, exclusive ofthe Developer, shall be completed in accordance with sai plans and specications and prior to the issuance of a Cerificate ‘of Occupancy for any such Lot and the cost of said installation shal be a lien against any such Lot enforceable by the Allen County Plan Commission or ts successor agency. Should such Certificates of Occupancy be issued to the Developer, said indivdual or corporation shall be considered an Owner forthe purposes ofthe {enforcement of this covenant. 13INWITNESS WHEREOF, METEA, LLC, a limited labilty company organized and existing under the laws ofthe State of insiana, by iis duly authorized Member, as Developer, and Herbert D. Delagrange and Lena Delagrange, husband and wa, 2s Owner ofthe real estate described in eaid Plat, have executed this Dedication and Deciarationthis_4'% day of November, 2008, WETEA Le by reopen No. Henber » BSS 4 a8 Yoda, Wal ra 08 ae pee —— ‘Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Craig D. Yoder, known by me fo be the duly authorized and acting Vieo President of Colonial Development, Inc, a Member of METEA, LLC, an indiana limited labity company, and Herbert D. Delagrange and Lena Delagrange, husband and wife, and acknowedged the voluntary execution ofthe above and foregoing instrument forthe purposes and uses therein set for this &** day of Movenbes 2006. ‘STATE OF INDIANA, COUNTY OF ALLEN) §§: My Commission Expires: ee te, Peni, Sen to ‘iri. ets te radact each 5 SUTRER DROW Strona nico Semagtiaeone ed kel eae i is Fort Wayne, IN 46802: Traine aris, avo : ariped or Agha WaT 4