COVENANTS AND RESTRICTIONS FOR ESTATES OF CHEROKEE HEIGHTS SUBDIVISION

Transcription

1 COVENANTS AND RESTRICTIONS FOR ESTATES OF CHEROKEE HEIGHTS SUBDIVISION THIS INDENTURE WITNESSETH, that the undersigned, being the sole owner of all lands and lots of the above named subdivision in Clark County, Indiana, as recorded in Plat Book 11, Page 52, does hereby publish, declare and impose the following covenants and restrictions upon all land within the plat to be applicable to and a covenant running with the lands situated in said subdivision for the mutual benefit of all persons and entitles who may now or hereafter have any vested interest, legal or equitable, in any of said land within the said subdivision. This subdivision is subjected to these covenants and restrictions to insure proper use and appropriate development and improvement of the subdivision and every part thereof; to protect each and every owner of any part of the subdivision against such use of lots in the subdivision as may depreciate the value of their property; to guard against the erection thereof of buildings built of improper of unsuitable materials; to insure adequate and reasonable development of the subdivision and the use and enjoyment of property ownership therein; to encourage the erection of attractive improvements thereon, with appropriate locations thereof; to prevent haphazard and inharmonious improvements; to secure and maintain proper setbacks from streets, and adequate free spaces between structures; and in general to provide adequately for a type and quality of improvement in the subdivision consonant with these covenants and restrictions. It is the intention and purpose of these covenants and restrictions to assure that all dwellings in the subdivision shall be of a quality of design, workmanship, and materials approved by the Architectural Control Committee. It is understood and agreed that the purpose of architectural control is to secure an attractive harmonious residential development having continuing appeal. 1. Term and Amendments. Subject to section 28 of these covenants and restrictions, each of the covenants and restrictions set forth herein shall continue and be binding for an initial period of thirty (30) years from the date of recording of these covenants and restrictions with the Recorder of Clark County, Indiana, and thereafter for successive periods of twenty-five (25) years each. The record owners in fee simple of the lots in the subdivision may revoke, modify, amend or supplement in whole or in part of all of the covenants and restrictions contained herein and may release from any part or all of said covenants and restrictions all or any part of the real property subject thereto, but only at the following times and in the following manner: A. Any such change or changes may be made effective at any time within ten (10) years from the date of recording of these covenants and restrictions, if the record owners in fee simple of at least three-fourths (3/4) of the lots in the subdivision and the undersigned s consent thereto. B. Any such change or changes may be made effective at the end of such initial thirty (30) year period or any such successive twenty-five (25) year period if the record owners in fee simple of at least twothirds (2/3) of the lots consent thereto at least five (5) years prior the end of any such period. C. Any such consents shall be effective only if expressed in a written instrument or instruments executed and acknowledged by each of the consenting owners (and The undersigned, if required) and recorded in the Office of the Recorder of Clark County, Indiana. A recordable certificate by an accredited abstractor or title guaranty company doing business in Clark

2 County, Indiana, as to the record ownership of said property shall be deemed conclusive evidence thereof with regard to compliance with the provisions of this section. Upon and after the effective date of any such change or changes, it or they shall be binding upon all persons, firms, and corporations then owning property in the subdivision and shall run with the land and bind all persons claiming by, through or under any one or more of them. 2. Effect of Becoming an Owner. The owners of any lot subject to these covenants and restrictions, by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from the undersigned or a subsequent owner of such lot, shall accept such deed and execute such contract subject to each and every Covenant and agreement herein contained. By acceptance of such deed or execution of such contract, the owner acknowledges the rights and powers of the undersigned with respect to these covenants and restrictions, and also, for themselves, their heirs, personal representatives, successors and assigns, such owners covenant and agree and consent to and with the undersigned, and to and with the owners and subsequent owners of each of the lots affected by these covenants and restrictions to keep, observe, comply with and perform such covenants and restrictions and agreements. 3. Enforcement. If anyone shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons having a vested, legal or equitable interest in any of the land in said subdivision (including future sections of the subdivision), to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions, and to prevent said person or them from so doing and to recover damages for such violation, including expenses of litigation which shall include reasonable attorneys fees; provided, however, that the undersigned shall not be liable for damages of any kind to any person for failing either to abide by, enforce or carry out any of these Restrictions. In the event that any building construction is done in violation of the plans, specifications, materials and colors approved by the Architectural Control Committee (as hereinafter defined), and not corrected after ten (10) days written notice, then the building contractor and lot owner(s) shall be jointly and severally liable to the Architectural Control Committee for an enforcement fee of $2, in addition to injunctive relief, damages and expenses of litigation, including reasonable attorneys fees. Such fee is payable within thirty (30) days of written notice of the violation if not corrected or removed within ten (10) days of said notice. No delay or failure on the part of any aggrieved party to invoke any available remedy with respect to a violation of any one or more of these Restrictions shall be held to be a waiver by that party (or an estoppel of that party to assert) any right available to him upon the occurrence, recurrence or continuation of such violation or violations of these Restrictions. 4. Land Use. All lots, or portions thereof, shall be used only for single family residential purposes and for no other purpose, except that any lot, or portion thereof, may be dedicated by the owner thereof as a public street. Notwithstanding the foregoing language, any lot in the subdivision may be used as a model home or a temporary real estate sales office by, or on behalf of, the undersigned owner so long as the owner is the title holder of any lot in the subdivision (including all existing and future sections). 5. Building Type, Garages and Size. All lots in said subdivision shall be subject to the following

3 covenants and restrictions: No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two (2) stories in height, a private attached garage for not more than four (4) cars, a swimming pool and permitted fences. Outbuildings and storage sheds are not permitted. No clothes lines of any nature shall be placed on a lot at any time. The ground floor livable area of the main structure, exclusive of one story open porches, basements (whether finished or unfinished) and garages, shall be not less than 2,200 square feet for a one-story dwelling, or not less than 1,000 square feet for the first floor of a dwelling of more than one story, as measured at the outerline of the foundation. In no event shall any dwelling have less than 1,700 total square feet of livable area, exclusive of one story open porches, basements (whether finished or unfinished) and garages. Further, no structure of any nature (such as an antenna) shall exceed two (2) stories above ground level. It shall be mandatory that each single family dwelling shall have a fully enclosed attached garage of a minimum size large enough for two (2) cars, built concurrently with the single family dwelling. All garages constructed on any lot shall be "side or rear entry," so that the door of any garage shall not be located on the front elevation of the residence. Each garage shall have a minimum of one window on the front elevation of the garage. For purposes of this section, the term front elevation shall mean that portion of the residence and garage facing the street designated by the City of Jeffersonville as the legal address for the property. Said garages shall not be used for rental purposes, nor may garages be occupied as an apartment or residence. 6. Building Location. No portion of a building, porch, stoop or other covered structure within the subdivision shall be erected or permitted to remain nearer to the front line or side street line than the established building lines as shown on the recorded plat. No portion of a building shall be located nearer the side lot line of any lot that would be within 10% of the width of the lot as measured at the front building set back line. No portion of a building or other structure shall be located on any lot nearer than thirty-five (35) feet to the rear lot line. For the purposes of these covenants and restrictions, all adjoining lots or portions thereof used as a site for the construction of a single residence shall be considered one lot, so that these covenants and restrictions relative to side lot lines shall mean the side line of any one or more lots or portions of any lot or lots used as a single residential building site. For the purpose of this covenant, eaves, steps, and open porches shall not be construed to permit any portion of a building to encroach upon another lot. In no event shall any building be erected in violation of yard requirements of any zoning ordinance in effect at the time of construction thereof. No residence shall be located on a lot materially smaller than the lot size as shown on the recorded plat (i.e. only one (1) residential building may be built on any one lot as described in the recorded plat of said subdivision). Each building shall be constructed to face a roadway within this plated subdivision. 7. Quality of Construction. No second-hand materials shall be used in the construction of any dwelling or garage. No prefabricated dwelling, or major component thereof, or garage, may be installed on any lot in the subdivision. Every dwelling in the subdivision must contain a heating plant installed in compliance with the required state and municipal codes, and must be capable of providing adequate heat for year-round human habitation. 8. Nuisances. No noxious of offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become any annoyance or nuisance to the neighborhood.

4 9. Garbage And Refuse Disposal. No trash, garbage or other refuse shall be kept within the subdivision except in neat and sanitary containers. Garbage or trash containers shall be kept inside of garages except containers may be placed outside for trash pick-up no more than twelve (12) hours prior to and twelve (12) hours after scheduled pick-up. Any incinerator or other equipment for the storage or disposal of such materials shall be kept in a clean, neat and sanitary condition and maintained and/or used in accordance with all Federal, State and local rules and regulations. 10. Building Use and Temporary Structures. Except as permitted in paragraph 3 herein, no portion of a building built on any lot within the subdivision shall be used for any purpose except a residence, and each residence shall be for one family only. No trailer, tent, shack, garage, basement, camper, mobile home, barn or other building or structure of a temporary character shall be used as a residence either temporarily or permanently, at any time. 11. Driveways. All driveways shall be paved solidly of concrete and shall be kept in proper maintenance. 12. Fences And Shrubs. Notwithstanding any approval of a fence by the Architectural Control Committee in accordance with section 18 hereof, no fence of any kind or nature shall be allowed on any lot so as to prevent or hinder access to any public utility meter or public utility access point serving the structure. In the event there is a question as to the location of said fence, such question shall be resolved by the public utility company having controlling the meter or access point in question. All fences approved and constructed on any lot shall be of an appropriate material so as not to detract from any dwelling, shall comply with all governmental statutes, rules, ordinances and regulations and shall be maintained by the owner of the lot upon which the fence is constructed. 13. Signs, House Numbers, and Mail Boxes. No billboard, signboard or sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent or, except advertising signs of builders and material men erected during the course of construction and political signs, and which signs shall be removed immediately after the completion of the construction work, and in the case of political signs, within 48 hours of the election. All homes shall display a house number in an appropriately placed position; and, all homes having a mail box shall construct said mailbox in accordance with the detail attached hereto as Exhibit "A" and shall maintain said mailbox in the same state or repair as that of the dwelling. 14. Gardens and Animals. Gardens shall be permitted only within those areas within which a building could be erected; and no animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose, and provided further that they shall not be or become an annoyance or nuisance to the neighborhood and shall not exceed an aggregate of three (3) in number, at any one time. 15. Maintenance Of Lots. To preserve and enhance the natural beauty of the subdivision, the owner of each lot shall at all times maintain the lot and any improvements situated thereon in such a manner as

5 to prevent the lot or improvements from becoming unsightly. Specifically, each lot owner shall do the following with respect to his/her lot: A. Mow the lawn at such times as may be reasonably required in order to prevent the unsightly growth of vegetation and noxious weeds, and to maintain vegetation, other than trees, flowers, and shrubs, at an average height or not more than six (6) inches; B. Remove all debris and rubbish and comply with the erosion control plan filed for the subdivision pursuant to Rule 5 of 325IAC15 established by the IDEM in guidance documents similar to those outlined in the Indiana Handbook for Erosion Control in Developing Areas from the Division of Soil Conservation, IDNR; C. Prevent the existence of any other condition that reasonably tends to detract from or diminish the aesthetic appearance of the subdivision; D. Cut down and remove dead trees and other vegetation; E. Keep the exterior of all improvements in such state of repair or maintenance as to avoid their becoming unsightly; and F. Remove snow and ice from sidewalks within lot owner's designated lot, so that same is maintained in a safe and passable condition for other persons residing in or visiting the subdivision. The owners of the lots in the subdivision shall be responsible for the repair and maintenance of any parkway and sidewalk pavement located between their lot lines and edges of street pavements which abut said lots. The duty of the owners to repair and maintain said sidewalk pavement shall also include the expeditious removal of snow, plant or weed overgrowth, or debris which may be found thereon from time to time. It shall be the duty of every lot owner of every lot on which any part of an open storm drainage ditch or swale is situated to keep such portion thereof as may be situated upon his lot continuously unobstructed and in good repair, and to provide for the installation of such culverts upon said lot as may be reasonably necessary to accomplish the purposes of this subsection. All lot owners, if necessary, shall install dry culverts or swales between the road rights of way and their lots in conformity with specifications and recommendations of the Architectural Control Committee. Drainage swales and lot grades may not be changed or altered by lot owners and shall be maintained in accordance with the specifications set forth on the recorded plats of the subdivision. Should the owner fail to properly maintain their lots within a reasonable time after notification by the undersigned or the Association, the Association shall cause the maintenance items set forth in the notice to be performed and the owner shall pay the charges promptly upon billing either to the undersigned or Association, as the case may be. Any charges not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of fifteen percent (15%) per annum Said charges, together with interest, costs and attorney s fees, shall be a lien upon the lot(s), and shall be enforced, in the same manner as Association assessments (hereinafter discussed).

6 16. Fuel Tanks and Utility Cables and Satellite dishes. All fuel tanks must be buried below finish grade within thirty (30) days of substantial completion of the building on any lot. All utility cables, electric, phone or other utility upon any lot must be buried below finished grade in accordance with the specifications of the installing utility company. No above ground fuel tanks are permitted. No satellite dish having a diameter in excess of eighteen inches (18") shall be installed, placed, or erected on any lot in the subdivision. No satellite dish having a diameter of eighteen inches (18") or less shall be installed, placed, or erected on a lot in the subdivision, or on any dwelling on any lot in the subdivision, without the owner of said lot having first obtained the written approval of the Architectural Control Committee as to location of the placement of said satellite dish on the lot. In any event, at no time shall the satellite dish be placed beyond the rear line of the house. 17. Vehicle and Boat Parking. No car, truck, trailer, boat, racing vehicle, unlicensed or inoperative motor vehicle, camper, recreational vehicle, or attachments or parts thereof, or a vehicle or personal property of a like nature shall be left parked in side yards, front yards, or on a public street in the subdivision for a period in excess of one (1) hour. However, a boat and boat trailer not exceeding twenty-one (21) feet may be parked in the rear yard of any lot owned by the boat owner during the "off boating season". No "lettered" or commercial truck or van in excess of ton gross weight capacity shall be parked on any lot overnight. No vehicle or equipment of any kind or nature shall be maintained, overhauled or repaired on any lot or on any street adjacent thereto, unless the same be fully enclosed in a garage; provided, however, that necessary construction equipment may be stored on a lot during such period when said equipment is actually necessary for the construction process. 18. Easements. Easements for installation and maintenance of utilities and drainage facilities affecting all lots are reserved as shown on the recorded plat. Within these easements, no structure, planting (except grass), or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow or drainage channels in the easement, the easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. 19. Building Completion. Every dwelling or garage whose construction or placement on a lot in the subdivision is begun shall be completed within six (6) months after the beginning of such construction or placement. No improvement which has been partially or totally destroyed by fire or other act of God, shall be allowed to remain in such condition for more than two (2) months from the time of such destruction or damage. No dwelling constructed on any lot in the subdivision shall be occupied or used for residential purposes or human habitation until the owner has received certification for occupancy by the appropriate governmental agencies. No lot owner, other than the undersigned, shall build or permit the building or maintaining upon said lot of any dwelling house that is to be used as a model home or "spec" home without prior written consent of the Architectural Control Committee. 20. Architectural Control Committee Approval. No portion of any building, fence or other structure shall be erected, placed or altered upon any lot until the proposed builder, the construction plans and specifications (including roof, brick and outside trim colors) and a plan showing the location of the structure shall have been approved by the Architectural Control Committee as to i) quality of workmanship and materials, ii) harmony of external design with existing structures, and iii) location with respect to topography and finish grade elevation. No fence,

7 hedge or wall shall be erected, placed or altered on any portion of a lot without the prior approval of said Architectural Control Committee. The Architectural Control Committee shall not be responsible for i) any structural defects in such plans or specifications or in any building, fence or structure whether or not erected according to such plans and specifications, or ii) the compliance or non-compliance of any building, fence or other structure with applicable state, county or municipal statute, code, ordinance or regulation. The ruling of the Architectural Control Committee, upon any application made under this provision shall be given to the applicant in writing, if requested, and within forty (40) days from the submission of the application to any member of the Architectural Control Committee. The failure of the Architectural Control Committee to submit its ruling within such time period shall be deemed to be an affirmative ruling thereon. No work shall occur until a construction permit is issued by the local building authority. No member of the Architectural Control Committee shall be liable to any lot owner for its action, or its failure to act upon, any application made under this provision, so long as such action or inaction was not the result of a willful intent by the committee members to cause harm to such lot owner or owners. The Association shall indemnify and hold the Architectural Control Committee members harmless from any suits, demands, actions, causes of action or other costs, including reasonable attorney s fees, resulting from their actions as committee members so long as such action or inaction was not the result of a willful intent by the committee members to cause harm to any person or entity. 21. Architectural Control Committee Membership. The initial Architectural Control Committee shall be and is composed of Steve Kempf, Greg Carnes and Neal Harding. A majority of the Architectural Control Committee may designate a representative to act for it. In the event of death, resignation, or incapacity of any member or members of said committee, the remaining member or members shall have full authority to designate a successor. At any time the committee loses all of its members (either the original members herein set out or designated successor members), or the members refuse to act for a period of one (1) year or more, then a majority of the lot owners residing in the subdivision may select a new committee. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant except for violation fees provided for elsewhere in this document. Successors to the above named committee shall be named and their addresses stated by written notice filed in the Miscellaneous Record in the Office of the Recorder of Clark County, Indiana, and they shall be presumed to continue in office until the recording of written notice as provided herein of the names of any replacements. 22. Severability. Invalidation of any one of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall in no way affect any of the other provisions which shall remain in full force and effect. 23. Applicability to Mortgage Foreclosure or Tax Sale. Should any mortgage or lien be foreclosed or should any tax sale occur with regards to any property to which this instrument refers, then the title acquired by such foreclosure or sale and the person(s) who thereupon and thereafter become owner of any such property, shall be subject to and bound by all covenants and restrictions enumerated herein.

8 24. Excavation and Grade. No excavation shall be made on any lot, or portion thereof, except as reasonably necessary for walls, basements, swimming pools, or public utilities. No person shall, at any time, raise the grade of any lot or portion thereof above the grade reasonably necessary to construct the permitted building. 25. Sodding of Front and Side Yards. Immediately upon completion of construction of a dwelling upon any lot and weather permitting, the lot owner(s) shall install grass sodding on all unimproved areas of the lot from the rear line of the dwelling to the front property line (i.e. all of front yard, side yards, lot). All other areas of the lot shall be seeded and mulched. 26. Landscape Requirement. Each lot owner, within 180 days of substantial completion of a residence on a lot, shall (i) properly plant and maintain at least two (2) live trees of an above ground height of at least seven (7) feet in the front yard of said lot, and (ii) properly plant and maintain shrubs or other suitable plants sufficient to screen from public view any electrical boxes located on the lot and all utility meters serving the residence. 27. Sump Pumps (basement drainage). The owner of any home which contains a basement sump pump, shall, when the home is constructed, install below ground leach coil discharge system of at least 50 feet in length to discharge all water collected so that no such discharge water shall stand upon any lot. 28. Reservation by Undersigned to Alter or Amend Covenants and Restrictions. The undersigned, his successors and assigns, reserve the right to alter or amend these restrictive covenants during the development period of the subdivision. For purposes of these covenants and restrictions, the development period shall be from the date that these covenants and restrictions are executed by the undersigned and continue until undersigned no longer owns a lot in the subdivision. 29. Homeowners Association. Subject to the remaining terms of this provision, there is hereby designated a homeowner's association (the "Association") to carry out the purpose of these restrictive covenants. Every owner of a lot located within the subdivision shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Members must be owners of a lot within the subdivision and shall be entitled to one vote for each respective lot owned. When more than one person owns an interest in any lot, all such persons shall be members. The vote for such lots shall be exercised as they among themselves agree, but in no event shall such vote be split into fractional votes nor shall more than one vote be cast with respect to any lot. Notwithstanding the foregoing provision or any other provision of these covenants and restrictions, the Association shall not commence until the first (1st) day of January of the year following the time at which the undersigned, or his successors or assigns, has sold or conveyed eighty percent (80%) of the total lots in the subdivision to unrelated third parties. The owner of any lot within the subdivision, by acceptance of a deed to any such lot, whether or not it is expressed in such deed, is deemed to covenant to agree to pay to the Association an assessment in the initial sum of $50.00 per lot beginning on the first (1st) day of January of the year following the time at which the undersigned, or his successors or assigns, has sold or conveyed eighty percent (80%) of the total lots in the subdivision to unrelated third parties. The annual assessment shall be due on the first

9 (1st) day of January of said year and each year thereafter. The annual assessment, together with interest, cost, and reasonable attorney s fee, shall be a charge on the land and shall be continuing lien upon the lot on which such assessment is made. Each assessment together with interest, cost and reasonable attorney s fees shall also be the personal obligation of the person who was the owner of such property at the time the assessment was due. The personal obligations or delinquent assessments shall not pass to his successors in title unless expressly assumed by them in the deed to such lot, but shall be a lien upon the real estate. The purpose of the assessments levied by the Association shall be exclusively to promote the recreation, health, safety and welfare of the residents of the development, the enforcement of these covenants, and for the improvement and maintenance of the Common Areas, including; the subdivision entrance or entrances, signage located at or near the entrance(s) and landscaping islands in the roadway at the entrance(s) which are hereby declared as Common Areas. The Association will also be responsible for any taxes or assessments imposed upon the Common Areas. In addition, the Association shall also be required to carry liability insurance on Common Areas. The Association, by vote of the majority of the members of said Association, may increase or decrease the annual assessment. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of fifteen percent (15%) per annum. The Association may bring an action at law against the owner primarily to pay the same or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessment or any charges provided for herein by non-use of the Common Areas or abandonment of such lot. The lien for the assessment or charges provided for herein shall be subordinated to the lien of any first mortgage in existence at the time that the assessment becomes a lien. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to any mortgage foreclosure or any proceedings in lieu thereof, shall extinguish the lien of such assessments as to payment which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for the assessment thereafter becoming due or from the lien thereof. All properties dedicated to or accepted by a local public authority, the Common Area, and all properties owned by the undersigned shall be exempt from the assessment created herein, except no land improvements devoted to dwelling use shall be exempt from said assessments. The first meeting of the Association shall be held within thirty (30) days of after first (1st) day of January of the year following the time at which the undersigned, or his successors or assigns, has sold or conveyed eighty percent (80%) of the total lots in the subdivision to unrelated third parties following not less than fifteen (15) days written notice to all members Written notice of any meetings called for the purpose of taking any action shall be sent to all members not less than fifteen (15) days in advance of the meeting. At the first meeting called, the presence of the members or of proxies entitled to cast a majority of all votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement. A required

10 quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. A majority vote of the quorum shall be required to take any action. The Association shall commence an unincorporated entity. The Association pursuant to the regulations as set forth herein may take, by proper vote, the action to incorporate the Association or they may decide to stay as any unincorporated entity. They may also take the action of appointing a Board of Directors to act on behalf of the Association, and set forth by-laws to guide the Association and/or its Directors. Ever owner shall have the right and easement of enjoyment in and to the Common Areas which right and easement shall be appurtenant to and shall pass with the title to every lot subject to the right of the Association to dedicate or transfer the Common Areas to the public or a governmental agency which dedication shall be effective unless an instrument of non-agreement to such dedication or transfer is signed by two-thirds (2/3) of the members and has been recorded. IN WITNESS WHEREOF, Neal Harding, has caused this document to be executed this day of November, Neal Harding STATE OF COUNTY OF Before me, the undersigned, a Notary Public in and for said County and State, this day of November, 1998, personally appeared Neal Harding and acknowledged the execution of the above and foregoing Covenants and Restrictions.