Sewer and Water Main Extension Agreement - Private Extension of Public Water Main – The Reserve at Blackthorn, LLC

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Airport and for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, and overland drainage flows, subject at all times to the proper authorities and to the easement herein reserved. No permanent structures shall be erected or maintained upon said strip of land except as noted in Paragraphs 9 and 10, regarding screening of non -access easements. No changes shall be made in the grading of any lot areas used as drainage swales as initially provided which would alter the flow of overland storm drainage runoff, but owners of lots in this Subdivision shall take their titles subject to the rights of the public utilities. Furthermore, any utility company, in setting utility poles, shall have the right to set anchor poles at any change of direction of their lines. Such anchor poles may be set on any lot line outside the easement and not more than ten (10) feet from the rear line of any lot. All utility pedestals and transformers shall be erected on or within five (5) feet of the nearest comer lot. Furthermore, all lots in the Subdivision are bound by and subject to the Easements, including but limited to that certain Avigation and Hazard Easement dated May 15, 2019 and recorded June 26, 2019 in the office of the Recorder of St. Joseph County, Indiana as Document No. 2019- 14877, a copy of which is attached as Exhibit B and incorporated herein by reference. 9. PROTECTIVE SCREENING. Protective screening areas are established as shown on Exhibit A and are noted as "non -access easement'. Except as otherwise provided herein regarding street intersections under "Sight Distance at Intersections", plantings shall be retained and maintained throughout the entire length of such areas by the owner or the owners of the lots at their own expense to form an effective screen for the protection of the residential area. No building or structure, except a screen fence or landscaping or wall or utilities or drainage facilities, shall be placed or permitted to remain in such areas. No vehicular access over the area shall be permitted except for the purpose of installation and maintenance of screening, utilities and drainage facilities. No live trees of any size located within ten (10) feet of the perimeter of any lot may be cut without prior approval of the Committee. In addition, no screen planting over thirty-six (36) inches high shall be permitted between the building setback line and front lot line on all lots. 10. FENCING. There will be no perimeter fencing. No privacy fencing will be allowed on lots 21-36. Fencing around lots 1-20 is allowed but must be approved by architectural Committee. 11. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance in the neighborhood. 12. PROHIBITED STRUCTURES. No trailer, modular home, manufactured home, pre -built home, tent, shack, barn, outbuilding or any structure of a temporary character shall be moved onto, assembled or constructed on any lot and used at any time as a residence, either temporarily or permanently. 13. POOLS. No above ground pools shall be permitted. Inground pools shall be permitted with the Committee prior approval. Inground pools must use a hard cover rather than fencing as part of code.