Denise & I Need your help!

We are trying to acquire property adjoining our property and the Sheffer’s to prevent it from being developed. Our plan would result in a single homesite as opposed to as many as seven homesites proposed by the developer.

We need your help to complete the transaction.

We need your help because the neighborhood’s restrictions could possibly be interpreted to prevent our plan from taking place. The clearest and right path forward is to ask for your support for our plan.

We have had the opportunity to speak with most households in the neighborhood and have what we believe is unanimous support for the plan. The next step will require the amendment of our neighborhood restrictions to clarify that our plan is not affected by the restrictions. Amending the restrictions requires signatures from 100% of the property owners (both spouses signatures for jointly held homes).

How you can help.

  • We want to be sure everyone understands and supports our plan
    • We have more detailed illustrations and discussion about the issue and our plan below for you to examine.
    • If you have any questions, Denise and I are available and anxious to talk or meet with you
    • Our cell numbers are: Drew – 812.457.9681 Denise – 812.457.1106
  • We need the notarized signature of each property owner
    • We have found a notary willing to come to the neighborhood and available on Tuesday and Thursday evenings.
    • Our goal is to visit with each household sometime between 5:30 p.m. – 7:30 p.m. on either Tue 5/9, Thu 5/11, Tue 5/16 or Thu 5/18
  • Please let us know what works for you
    • Please call or text Denise at 812-457-9681 to let us know the time(s) which work best for you
    • We have also created an online calendar where you can select the best times at this LINK

The Amendment

AMENDMENT TO CONDITIONS, RESTRICTIONS AND PROTECTIVE COVENANTS OF WELLINGTON ACRES

THIS AMENDMENT, made and entered into by the undersigned, being the owners of all of the lots in Wellington Acres Subdivision (hereinafter individually referred to as an “Owner” and collectively as the “Owners”),

WITNESSETH, THAT:

WHEREAS, the Owners are owners of record of lots in the subdivision known as Wellington Acres Subdivision (the “Subdivision”), as per plats entitled Wellington Acres Phase I, recorded in Plat Book Q, Page 60 and Wellington Acres Phase II, recorded in Plat Book Q, Page 78, both in the Office of the Recorder of Vanderburgh County, Indiana; and

WHEREAS, the use of lots in the Subdivision is governed by those certain Conditions, Restrictions, and Protective Covenants recorded January 12, 2000 as Instrument No. 2000R00001086 and re-recorded January 17, 2000 as Instrument No. 2000R00020013, both in the office of the Recorder of Vanderburgh County, Indiana (the “Restrictions”); and

WHEREAS, Drew F. Peyronnin and Denise B. Peyronnin, husband and wife (“Peyronnin”), own certain real estate commonly known as 13110 Kettleshill Walk, Evansville, Indiana and more particularly described on Exhibit “A” attached hereto and by this reference made a part hereof (the “Peyronnin Real Estate”); and

WHEREAS, by virtue of that certain Corporate Warranty Deed recorded on August 9, 2000 as Instrument No. 2000R00022739 in the office of the Recorder of Vanderburgh County, Indiana (the “Peyronnin Deed”), a portion of the Peyronnin Real Estate, while not a part of the Subdivision, became subject to some of the terms and conditions set forth in the Restrictions; and

WHEREAS, Peyronnin desires to purchase land lying adjacent to the Peyronnin Real Estate and to have to ability to parcelize and divide such additional land (with some portion or portions of the Peyronnin Real Estate) to create two parcels for building lots, and allow such newly created parcels to cross the Peyronnin Real Estate for the extension of utilities and as a passageway (through existing or newly constructed private roads) to Kettleshill Walk for access to and from such newly created parcels (the “Peyronnin Parcelization”); and

WHEREAS, the Owners agree to amend the Restrictions to allow the Peyronnin Parcelization.

NOW, THEREFORE, in consideration of the recitals above, the undersigned do hereby agree as follows:

  1. Amendment of Restrictions for the Peyronnin Parcelization. The undersigned hereby agree to amend the Restrictions to allow the Peyronnin Real Estate to be parcelized and used for the extension of utilities and as a passageway (through existing or newly constructed private roads) for access to Kettleshill Walk for the additional parcels created by the Peyronnin Parcelization and that all provisions of the Restrictions which might be interpreted against Parcelization of the Peyronnin Real Estate and utilizing the Peyronnin Real Estate for extension of utilities or as a passageway are hereby null, void and of no further effect.
  1. Waiver of Peyronnin Deed Restrictions. The undersigned acknowledge and agree that the Grantor of the Peyronnin Real Estate in the Peyronnin Deed, Windsor Realty and Development, Inc., has been dissolved as a corporation, and that all restrictions which might be interpreted against Parcelization of the Peyronnin Real Estate and utilizing the Peyronnin Real Estate for extension of utilities or as a passageway are hereby null, void and of no further effect.
  1. Ratification of Restrictions. Except for the amendments hereinabove set forth, all of the other terms, conditions and provisions of the Restrictions shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned owners have executed this Amendment as of the dates set forth below.

(Individual signature pages to follow)

Background

Brandon Barnard has purchased 35 +/- acres (outlined below in red) with access from Browning Road and adjoining our property on its North (below the red line) and Randy & Andy Sheffer’s property on its West( to the right of the red line). Brandon’s intention is to develop this property into multiple lots.

Brandon has proposed a number of scenarios to divide this property to include larger (>2.5 acre) lots which would definitely impact the Sheffer’s and our views, but which also likely would impact the views of all the homes along Kettles Hill and many homes on Oldbury as well. The view below is looking over Debbie Kendall’s home with the red lines showing the approximate property lines and area where homes would be built.

A change in Indiana law effective in July 2023 appears to open options for Brandon to pursue a much denser development with lots as small as 1 acre which would have a much greater impact on our neighborhood. Brandon shared a concept of that scenario with us which is shown below

Denise & I have reached an agreement with Brandon to acquire the western most 13 +/- acres of his parcel subject to our achieving support of the homeowners of Wellington Acres.

We intend to combine the acquired property with our existing property and then “parcelize” the combined property into two lots. (The Vanderburgh parcelization process only allows a division into two lots.)

Our home would be located on one lot while the second lot would be divided to allow the construction of another home.

Our existing driveway is expected to serve as access to a new driveway, subject to county approval, several hundred feet off of Kettles Hill Walk and used to access the second lot.

The drawings below show our existing property, the property to be acquired and a concept illustrating parcelization. It includes a possible driveway location along with what would be probably the best location for a future home.

We know this alternative use of the land would be very beneficial to everyone on Kettles Hill Walk and Court, but believe it is clearly in the interest of the entire neighborhood. Thanks!

Denise & Drew Peyronnin