REVISED

RESTRICTIONS, CONDITIONS AND LIMITATIONS FOR ROBINWOOD SECTION 1, ROBINWOOD SECTION TWO, ROBINWOOD SECTION 111, ROBINWOOD SECTION IV, ROBINWOOD SECTION V, ROBINWOOD SECTION VI, ROBINWOOD SECTION Vll AND ROBINWOOD SECTION VIII.

The undersigned, being the owners of a majority of the lots in Robinwood Section 1, Robinwood Section Two, Robinwood Section Ill, Robinwood Section IV, Robinwood Section V, Robinwood Section VI, Robinwood Section VII and Robinwood Section VIII state as follows:

  1. Ralph L. Staton and Charles D. Staton on May 13, 1977 recorded a plat of Robinwood Section 1 in Plat Book 13, pages 153-54 in the office of the Recorder of Delaware County, Indiana. That plat set forth an “Architectural Control Committee” composed of Charles D. Staton and Ralph L. Staton. That plat further, among other things, provided that, “A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties. “
  2. Charles D. Staton is now deceased and Ralph L. Staton was the sole surviving member of the Architectural Control Committee until he did, by affidavit, make the appointment referenced in paragraph 10 of this document.
  3. On November 30, 1977, C & R Company, Ralph L. Staton and Charles D. Staton platted Robin Wood Section Two and said plat is recorded in Plat Book 14, pages 15-16 in the office of the Recorder of Delaware County, Indiana. It was the intention of C & R Company and Ralph L. Staton and Charles D. Staton that the same restrictions, conditions and limitations set forth in Robin Wood, Section 1 would also apply in Robin Wood Section as set forth specifically in the Owners’ Certificate on Robin Wood Section Two
  4. On January 9, 1978, C & R Company by Ralph L. Staton and Charles D. Staton platted Robin Wood Section Ill and said Plat is shown in Plat Book 14, pages 23-24 in the office of the Recorder of Delaware County, Indiana. In the Owners’ Certificate for Robin Wood Section Ill, they stated, “We also acknowledge the execution with this plat the restrictions and protective covenants as shown on the plat of Robin Wood Section 1 and recorded in Plat Book 13, pages 153-54, records of Delaware County, Indiana.
  5.  On August 17, 1978, Charles D. Staton and Ralph L. Staton individually platted Robin Wood Section IV and said plat is shown in Plat Book 14, pages 44-45 in the office of the Recorder of Delaware County, Indiana. That plat restated the restrictions, conditions and limitations for Robin Wood Section IV, including the establishment of an Architectural Control Committee the same as in Robin Wood Section 1.
  6. On April 13, 1984, Charles D. Staton, Ralph L. Staton individually did plat Robin Wood Section VI and said plat was recorded in Plat Book 14, pages 92-93 in the office of the Recorder of Delaware County, Indiana. Said plat did establish an “Architectural Control Committee” using the language the same as set forth in the plat of Robin Wood Section 1 and IV.
  7. On June 12, 1986, Charles E. Staton did plat Robin Wood Section VII and said plat is recorded in Plat 14, pages 115-16 in the office of the Recorder of Delaware County, Indiana. At the time of such platting, it was the intention of Charles D. Staton that the restrictions, conditions and limitations set forth in the plat of Robin Wood Section 1 apply to the lots set forth in Robin Wood Section VII.
  8. On October 12, 1987, Charles D. Staton did plat Robin Wood Section VIII and said plat is recorded in Plat Book 14, page 133 in the office of the Recorder of Delaware County, Indiana. Said plat included an Owners’ Certification saying that, ‘We also acknowledge the execution with this plat and plat the restriction and protective covenants as shown on the plat of Robin Wood Section IV and recorded in Plat Book 14, pages 44-45 in the office of the Recorder of Delaware County, Indiana. “
  9. By appointment of Ralph L, Staton, surviving member of the original Architectural Control Committee, Jennifer Robinson of 4112 W. Friar Drive, Muncie, IN; Judy Hunt of 4109 W. Kings row, Muncie, IN; Fred Meyer of 4317 Castleton Court, Muncie, IN and James Glueck of 2409 N. Moors, Muncie, IN are currently the members of the Architectural Control Committee for Sections 1 through VIII of Robin Wood (a/k/a Robinwood).
  10. A drawing showing Robin Wood Section 1, Robin Wood Section Two, Robin Wood Section Ill, Robin Wood Section IV, Robinwood Section V, Robin Wood Section VI, Robin Wood Section VII and Robin Wood Section VIII created using Delaware County’s Geographic Information System (GIS) is attached hereto, made a part hereof and marked “Exhibit 1.” The map features are graphic representations only and refer to plats, deeds and surveys part of the official records of Delaware County, Indiana. ‘Ihe map features in said attachment are for informational purposes only and are not intended to alter the representations contained in the official plats referenced hereinabove.

Pursuant to the existing Plat, the undersigned hereby amend the Restrictions, Conditions and Limitations of Robin Wood Section 1, Robin Wood Section Two, Robin Wood Section Ill, Robin Wood Section IV, Robinwood Section V, Robin Wood Section VI, Robin Wood Section VII and Robin Wood Section VIII to state as follows:

“RESTRICTIONS, CONDITIONS AND LIMITATIONS

Said Robin Wood Section 1, Robin Wood Section Two, Robin Wood Section Ill, Robin Wood Section IV, Robinwood Section V, Robin Wood Section VI, Robin Wood Section VII and Robin Wood Section VIII, an addition of real estate situated in Center Township, Delaware County, Indiana, is laid out and platted and the lots and parcels therein shall be sold, conveyed, owned and held subject to and upon each of the following restrictions, conditions, and limitations.

These covenants are for lots numbered 1 through 218 inclusive in Robin Wood, a/k/a Robinwood (which shall be treated henceforth for purpose of these covenants as a single Plat), and are to run with the land and shall be binding on all parties and all persons claiming under them.

ARCHITECTURAL GUIDELINES

The intent of the Architectural Guidelines for Robin Wood Section 1, Robin Wood Section Two, Robin Wood Section Ill, Robin Wood Section IV, Robinwood Section V, Robin Wood Section VI, Robin Wood Section VII and Robin Wood Section VIII is to ensure a neat appearing homogeneous residential development. The guidelines are not meant to place hardship on any lot owner. However, these guidelines are essential to protect property values and to maintain the integrity of the neighborhood.

  1. MEMBERSHIP: The Architectural Control Committee (hereinafter, “Committee”) shall be composed of the Robinwood Neighborhood Organization Board of Directors. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then-recorded owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee.
  2. PROCEDURE: The Committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee or its designated representative fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. All structures built in Robin Wood Section 1, Robin Wood Section Two, Robin Wood Section Ill, Robin Wood Section IV, Robinwood Section V, Robin Wood Section VI, Robin Wood Section VII and Robin Wood Section VIII completed prior to the recording of this document are deemed to be in compliance with these Restrictions, Conditions and Limitations pursuant to the original Restrictions, Conditions and Limitations which provided that if the Architectural Control Committee fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. ‘

GENERAL PROVISIONS

  1. Land Use and Building Type: All lots in this subdivision shall be used for residential purpose only. 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 and one-half stories in height and a private garage for not more than three cars, and such buildings that are incidental to the residential use of the lot.
  2. Architectural Control:  No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum building setback line unless similarly approved.
  3. Dwelling Cost, Quality and Size:  No dwelling with less than 1500 square feet of ground floor area in the case of a one story structure, nor less than 900 square feet of ground floor area in the case of one and one-half or two story structure shall be permitted on any lot. No buildings shall be erected on lot until the design and location thereof has been approved by the Committee. No pre-fabricated house may be erected on any lot.
  4. Building Location: All buildings shall be located to conform with the City of Muncie, Comprehensive Zoning Ordinance.
  5. Easements: Easements for the installation and maintenance for utilities and drainage facilities are reserved over the rear and side five (5) feet unless shown on the plat to be greater.
  6. Maintenance of Lots and Dwelling Units: No lot and no dwelling unit shall be permitted to become overgrown, unsightly or to fall into disrepair. All lots shall be maintained to a height no greater than allowed by city ordinance. All dwelling units shall at all times be kept in good condition and repair and adequately painted or otherwise finished in accordance with specifications established by the Committee.
  7. Nuisances: No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, including cars left parked on the street for an extended period of time.
  8. Temporary Structures: No structures of a temporary character, trailer, basement, tent, shack, garage, barn, mobile home, motor home, junk cars, or other outbuilding shall be either used or located on any lot at any time as a residence either temporarily or permanently. Nor shall they remain on any lot uninhabited for any length of time. No boat, trailer, truck, tractor nor recreational vehicle shall be stored within view on any lot.
  9. Signs: Any signs on display to the public view on any lot shall be limited to one professional sign of not more than three square feet, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. Any sign shall not be displayed longer than appropriate for the sign’s purpose. No signs of any kind shall be placed in the medians except those placed by the Committee,
  10. Oil and Mining Operations: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
  11. Pets, Livestock and Poultry: 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 purposes or hunting show dogs in runways or pens. In addition, any pet must be confined to its owner’s private property, or on a leash and accompanied by a responsible person when on public property.
  12. Garbage and Refuse Disposal: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers.
  13. Water Supply: No individual water-supply system shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirements, standards and recommendations of both state and local public health authorities. Approval of such system as installed shall be obtained from such authority.
  14. Sewage Disposal: No individual sewage-disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of state or local public health authority. Approval of such system as installed shall be obtained from such authority.
  15. Pools: No above ground pool that requires a filtration system or other above ground pool that is more than six (6) feet in diameter and eighteen (18) inches deep shall be placed or maintained on any lot. No in-ground pool will be permitted in front of a dwelling unit, and all in-ground pools must be entirely within the side building lines. A fence of the approved styles must enclose all pools.
  16. Tennis courts: Batting cages or other athletic or recreational structures shall be permitted only with the Prior written approval of the Committee.
  17. Fencing: The only fencing permitted shall be a privacy fence of not more than six (6) feet in height. No fences will be allowed in the front of any dwelling without approval of the Committee. Fences erected in any other place on the lot must be decorative lawn fence of steel or wood not to exceed the height of three and one-half (3 1/2) feet and the location and type of fence shall be approved by the Committee.
  18. Sight Distance at Intersections: No fence, wall hedge or shrub which obstructs sight lines at elevations between two (2) and six (6) feet above the roadway shall be permitted to remain on any corner lot within the triangular area formed by the street property lines and the line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway pavement. No tree shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. No screen planting over thirty-six (36) inches high and no fence shall be permitted between the front lot line and the building setback line.
  19. Enforceability: For a violation or breach of any of the restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by these restrictions and covenants, the Committee, and any lot owner, or any of them severally, shall have the right to proceed, at law or in equity, to compel a compliance with the terms hereof or to prevent the violation or breach of any of them.

  20. Partial Invalidation: Invalidation of any one of these provisions, covenants, or restrictions by Judgment or court order shall in no way affect any other provisions, covenants or restrictions, which shall remain in full force and effect.

  21. Waiver of Provisions: The owners of at least a two thirds majority of the total number of lots in said Robinwood at any one time may agree to grant a variance from these Restrictions, Covenants and Limitations by written agreement signed by the Committee and the owners of a two thirds majority of the total number of lots in said Robinwood. Any such written agreement of a variance shall be duly recorded in the Office of the Recorder of Delaware County, Indiana. Any such change, modification or waiver shall not result in noncompliance with any law or ordinance of Delaware County, Indiana. Any such variance shall be limited to the individual situation for which it is obtained and shall not be construed as an elimination, change, or modification to these provisions. The party seeking the variance shall be responsible for the notification of all lot owners in Robinwood by means of a registered letter delivered to their residence by the U.S. Postal Service informing them of the intent of the requested variance. The notification shall be sent thirty days prior to the circulation of the petition seeking the signatures of the owners of lots in Robinwood.

  22. Dues:

a. Towards the expenses of the Robinwood Neighborhood Organization, Inc.

b. The amount of such dues shall be determined annually by the Board of Directors of the Robinwood Neighborhood Organization, Inc.

c. All owners are expected to equally contribute towards the common expenses of the Robinwood Neighborhood Organization, Inc.