MAXWELL COMMUNITIES Whitewater Point & Barber Acres OVERVIEW: Both Whitewater Point and Barber Acres are conveniently located in the West Harrison / Logan area of Dearborn County. Both are secluded areas, yet only minutes from I-74 and Harrison, Ohio. 1-9.1 acre building site remains in the Barber Acres development, Lots 11 + 12, which will be sold together as one. 1-12.4 acre lot remains in the Whitewater Point development, Lot #2, overlooking Barber Acres and the Whitewater River. Both developments are located within the boundaries of the Sunman Dearborn School Corporation. UTILITIES: Both Barber Acres and Whitewater Point are served by Tri Township Water Southeast Indiana REMC Electric Cooperative and lots in both developments are approved for onsite septic systems LOT PRICES: Lot# Barber Acres Acres 11 + 12 $74,900 9.1 13 8.6 8 30.55 Whitewater Point 1 16.7 2 $99,000 12.4 3 15.1 4 27.0 5 14.3 7 16.9 8 17.6
Lots 11 & 12 to be sold as one lot of 9.1 acres
MAXWELL COMMUNITIES WHITEWATER POINT SUBDIVISION COVENANTS AND RESTRICTIONS 1. No residences shall be constructed with less than 2,000 square feet of finished living area. All plans and specifications for any structures or improvements to be erected on or moved upon any lot, and the proposed location of any lot or lots, the construction material, the roofs and exterior color schemes, as well as all remodeling, reconstruction, alteration, or additions thereto on any lot shall be subject to and shall require the approval in writing of the subdivision developer. 2. Outbuildings shall be permitted; the construction, specifications, colors and placement of such outbuildings shall be approved by the Developer and shall be constructed in accordance with all zoning regulations. Outbuildings on lots 1, 2, 5, 6, 7, and 8 shall be constructed with construction materials complementary to that of the residence on that same lot. 3. No modular or mobile homes will be permitted. 4. No lot shall be subdivided to create another building lot. 5. For lots 1, 2, 5, 6, 7, and 8 only; No trailer, truck, boat, watercraft, or anything other than operative automobiles, motorcycles or scooters, shall be parked or stored outside of an enclosed garage for a period in excess of forty-eight (48) hours during any calendar month. Any of such vehicles may, however, be stored or parked in an enclosed garage provided such garage door is completely closed at all times when such a vehicle is parked therein. The word trailer shall include trailer coach, RV, recreational vehicle, house trailer, mobile home, automobile trailer, boat trailer, camper or any other vehicle, whether or not self-propelled. Notwithstanding the restrictions in this Paragraph, vehicles being used for the purpose of construction, delivery or repair work to or upon any Lot or Dwelling Unit shall be permitted to park on or in front of a Lot on a temporary basis. 6. No Lot shall be used or maintained as a dumping ground for refuse or garbage of the like. Garbage or other waste shall be kept in sanitary containers. 7. Whitewater Point Subdivision is subject to a LANE MAINTENANCE AGREEMENT that shall govern the maintenance of the 2 private lanes within the subdivision. Easements for construction and maintenance of utilities shall be 10 feet in width along all lane/drive easements and rights-of-way, and on each side of lot lines, and shall be in other areas as shown hereon. No permanent or other structures are to be erected or maintained upon said utility easement areas, but owners of lots in this subdivision shall take their titles subject to the rights of the public utilities. Land disturbing activities during construction shall be minimized. Vegetation shall be left in place during construction to act as a filter for sediments. Perimeter sediment control devices such as silt fence and/or straw bale check dams shall be installed prior to land disturbance and maintained until all disturbed areas are stabilized. A temporary gravel construction drive shall be installed prior to land disturbance and maintained until permanent drive is in place. All disturbed areas shall be sodded or seeded, fertilized, and mulched immediately upon completion of construction. Seeding may be temporary or permanent, depending upon the season.
WHITEWATER POINT: COVENANTS AND RESTRICTIONS Page 2 WHITEWATER POINT LANE and RIVERVIEW LANE LANE MAINTENANCE AGREEMENT NOW THEREFORE, in order to clarify the rights and duties with respect to said Lanes, the parties hereby agree as follows: 1. That the owners of Lots 1-8 of Whitewater Point Subdivision, shall share equally in the expense of maintaining the Lanes that are located within the Whitewater Point Subdivision; for the purpose of this agreement, the shared maintenance for all homeowners of Whitewater Point Lane is defined from the cul-de-sac of Chappelow Ridge Road until it intersects with Riverview Lane; and 2. That Lane maintenance shall include but not be limited to; maintenance, repair, snow removal, signage, and generally accepted lane maintenance practices as agreed upon by a majority of the lot owners, along with clearing any grass, weeds, trees, and/or other vegetation that may grow along side or in the easement provided for the Lanes, and also to maintain any gates, lights, and/or electricity required thereto; and 3. That the decisions on maintenance shall be made by a majority of the lot owners with the owner (husband and wife shall constitute one owner) of each lot having a single vote with a total of eight (8) votes; and 4. That the cost of all maintenance defined in this agreement shall be divided into eight (8) parts (except for the additional amounts paid by the owner of Lot 3 of Barber Acres Subdivision, mentioned in section 10 of this agreement) and the owner of each lot agrees to contribute an amount equal to 1/8 th to a fund established for that purpose, and to contribute such additional amount, if necessary, when requested to make up any deficiency following the Development Period. For the purposes of this agreement, the Development Period is defined as the time up until all lots are sold or November 1, 2013, the earlier of the two. An initial capital assessment of Two Hundred Dollars ($200.00) shall be paid with the purchase of each lot, and the amount paid by each lot owner shall not exceed Two Hundred Dollars ($200.00) during the Development Period. Following the Development Period, annual dues shall be established for creating a maintenance fund; the initial annual dues for this Maintenance Agreement shall be Two Hundred Dollars ($200.00) due by April 1st of each year. The Developer shall be excluded from annual dues during the Development Period; however, the developer shall be responsible for any cash shortfalls for lane maintenance for subdivision lanes during the Development Period. Whitewater Point Lane will be paved by the Developer after all homes in the subdivision are completely built or before the end of the Development Period, the earlier of the two unless all lot owners are in agreement to postpone the paving if all homes are not built. A Subdivision Association shall be formed to oversee the enforcement of the Lane Maintenance Agreement and the Whitewater Point Subdivision Covenants and Restrictions. The Association will be made up of all eight lot owners, and a checking account in the name of the Association will be set up to receive funds from all lot owners for road maintenance and enforcement costs relating to the Lane Maintenance Agreement and the Whitewater Point Subdivision Covenants and Restrictions. One lot owner will be assigned to write checks for Association expenses, and a countersignature requirement for all checks written will be put in place to safeguard the account from theft, and the counter-signer will be a different lot owner from the original signer of the check. Additionally, the Association s checking account funds mentioned above shall not contribute in any way to the fund to be set up for the costs associated with Section 9 under this agreement for lot owners 2, 3 and 4; and 5. That each lot owner shall hold the other lot owner or owners harmless and indemnify them from any and all liability and claims, including costs of defense, for any damage or injury caused to any person using the Lanes as a result of access to or from the Lanes by way of said owners lot; and 6. That each lot owner, their heirs, successors, and assigns shall have the right to enforce this Agreement and subdivision covenants and restrictions against the owner of any lot who fails to comply with the requirements of this Agreement and subdivision covenants and restrictions, and such enforcement shall include the recovery of attorney fees and costs; and 7. That this Maintenance Agreement shall be recorded and cross-indexed to the appropriate deed as the source of title for each owner as noted below; and 8. That this Agreement may be amended, modified, changed or altered only with a written agreement executed by all the owners of Lots 1-8 of Whitewater Point Subdivision; and
WHITEWATER POINT: COVENANTS AND RESTRICTIONS Page 3 WHITEWATER POINT LANE and RIVERVIEW LANE LANE MAINTENANCE AGREEMENT (continued) 9. Owners of Lots 2, 3, and 4 only shall jointly maintain the Whitewater Point Lane from the intersection of Whitewater Point Lane and Riverview Lane until the Driveway for Lot 3 intersects the Lane, at that point the lane becomes the driveway to Lot 4 and the sole responsibility of Lot 4. A separate fund will be set up and overseen by lot owners 2, 3 and 4 for maintenance costs associated with this stretch of road; and 10. Lot 3 of Barber Acres Subdivision shall be granted access to Riverview Lane as a driveway from Barber Road up to the point where the driveway from said lot intersects Riverview Lane. Any damage caused to Riverview Lane by the Lot 3 owner shall be the responsibility of the Lot 3 Owner. Lot 3 in Barber acres shall participate in 1/9th of the costs for any capital improvements performed on the section of Riverview Lane from Barber Road to the Point where the Barber Acres Lot 3 driveway leaves Riverview Lane capital improvements shall include but not be limited to paving, patching, sealing, etc.; and 11. Riverview Lane shall have no construction traffic (i.e. truck traffic or heavy loads); Riverview Lane is designed for small vehicle access only. (End of Lane Maintenance Agreement)
MAXWELL COMMUNITIES BARBER ACRES COVENANTS AND RESTRICTIONS: 1. All plans and specifications for any structures or improvements to be erected on or moved upon any lot, and the proposed location on any lot or lots, the construction material, the roofs and exterior color schemes, as well as all remodeling, reconstruction, alteration, or additions thereto on any lot shall be subject to and require the approval in writing of the subdivision developer. 2. No modular or mobile homes will be permitted as residences. 3. No structure of a temporary character, trailer, basement, tent, shack, garage or other outbuilding shall be used on any lot any time, as a residence, either temporarily or permanently. 4. The subdivision developer, for itself, its successors, assigns, and licensees reserves a fifteen (15) foot wide easement across the front, side and/or rear of any lot where said lot may border a road right-of-way and a ten (10) foot wide easement along the side and rear lines of each and every lot for the purpose of installing, operating and maintaining utility lines and mains thereon, together with the right to trim and/or cut or remove any trees and/or brush, for said installations, operations or maintenance, together with the right to install, operate and maintain gas, water and sewer mains, electric, cable TV, and telephone cables, culverts and drainage ditches, and other services and appurtenances thereto, reserving also the rights of ingress and egress to such areas for any purpose relating to the installation or maintenance items mentioned above. Lots 2, 3, 4, and 5 shall have a thirty (30) foot easement along the rear of these lots for the construction and maintenance of the Chappelow Road extension. 5. All construction must be completed, including landscaping, within one (1) year from purchase of building permit for said construction. 6. No lot within the subdivision shall be replatted, split, or further subdivided without the express written consent of the developer, determination to be made at developer s sole discretion. 7. Drainage swales (ditches) or storm detention areas are not to be altered, dug out, filled in, tiled or otherwise changed. Property owners with drainage swales, detention easements and/or any drainage or detention structures on their property are required to maintain those structures or easements. Water from roofs or parking areas must be contained on the property long enough so that said drainage swales or ditches will not be damaged by such water. Driveways may be constructed over these swales or ditches only when appropriate sized culverts or other approved structures have been permitted by the Dearborn County Highway Department. Culverts must be protected especially at the ends by head walls or metal end sections, and if damaged enough to retard the water flow, must be replaced by the property owner. 8. Each property owner within the subdivision, upon taking title to the property, is responsible for controlling erosion and sediment migration on his lot(s). Each property owner shall implement and maintain the erosion control plan during and after construction until all disturbed areas are stabilized. 9. These covenants and restrictions are for the benefit of all lot owners and are to run with the land and shall be binding on all parties and persons claiming under them until January 1, 2025, at which time said covenants shall be extended automatically for successive periods of ten (10) years each, unless by a vote of the then lot owners of a majority of the lots, it is agreed to change the same in whole or in part. These covenants and restrictions can be modified at any time with a 100% vote, and signature (written content), of all of the lot owners in the subdivision.
BARBER ACRES COVENANTS AND RESTRICTIONS: Page 2 10. These covenants and restrictions shall be enforceable by the grantor/developer, its successors or assigns or any lot owner; invalidation of any one of them by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Interpretation of these restrictions will be the sole discretion of the subdivision developer, or its successors or assigns. Persons found to have violated any of the covenants shall be liable for court costs, reasonable attorney fees and such other expenses that may be incurred in enforcing any of these covenants. 11. Current Applicable zoning regulations or districts will determine building setbacks and any other zoning issues not specifically addressed herein. Land disturbing activities during construction shall be minimized. Vegetation shall be left in place during construction to act as a filter for sediments. Perimeter sediment control devices such as silt fence and/or straw bale check dams shall be installed prior to land disturbance and maintained until all disturbed areas are stabilized. A temporary gravel construction drive shall be installed prior to land disturbance and maintained until a permanent drive is in place. All disturbed areas shall be sodded or seeded, fertilized, and mulched immediately upon completion of construction. Seeding may be temporary or permanent, depending upon the season. Any soil or sediment allowed to migrate or be transported from the lot(s) shall be immediately removed. Soil shall be removed by mechanical methods only. Removal by spraying or flushing soils shall not be permitted.