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HomeMy WebLinkAboutOpen Space Conservation Report Packet CONTROL # 48920WlL il\ 1\ 1\\ II I~\ !I i\.\ 1\1 I :1 0', <(I ~ w II z II ~~ ~ 11 w~ U5~ J J CONSULTING ENGINEERS LAND SURVEYORS 9940 Allisonville Rd. · Fishers, IN 46038 (317) 849-5935 · 1-800-728-6917 · FAX: (317) 849-5942 SCALE: 1 "= 1 OQ' WEST 121 ST STREET C.A. #2 LAKE #1 10 , I pasodot4 , I 15 _~ L_ 9 13 12 8 7 -3~1 2'-1l1 C.A. #1 6 'I 'II~ I UI " 5 \ \ SITE CONTEXT PLAN KENDALL WOOD ---------------- 31na3HJS3JVdSN3dO v LIHIHX:tl sal~U 8LL.f / %lf (lIS0S) lN3WffilIIlOffil3JVdS N3dO WIlWINIW "( OSOll IS lJllilSIG '3:NOZ "Z St'O.ZI 3DVffilJV 3lIS "I PooM.118pua)l :3WVN NOISIAlas:nS S.10'l AJNV A1I3SNOJ 06 l~qlO D S~SlnOJ 1100 D SIP~ll 0 lI~qu~~lO 0 pl'BA~In08 0 S)[l~d 0 ~l~nbs 0 3JV dS N3dO G3NDIS3G "8 3JVdS N3dO 'lVlIIl.1'lIlJlliDV oL G3GIAOlld 3JV dS N3dO IVlIIll VN "9 l~qlO 0 (^.J!lu~P!) 10p!1l0~ Al!UtllloddO I~!~~dS D PU~IpoO M ~lnl~W 0 (%0 1) s~dols d~~lS 0 10p!1l0J l~A!~ ~l!qM 0 ~~U!ld pooId l~~A 001 "MNGIlVW3d D ~~1V uO!l~~lOld p~~q-n~ M 0 SVffilV NOIlV A1I3SNOJ AlIVWllid "~ (dSO) G3GIAOlld 3JV dS N3dO "v sal~U ffO.J7 / % ff S~l!S/S~lm~nllS ~!lOlS!H 0 pU~IpoO M ~uno A 0 pU~IpoO M qru~s D ("~~ Pll <) spu~Il~M 0 A~M.POOId l~~A 00 1 ~NGI/VW3d 0 (M.OI~q ~~s) puod l2J sqlud 0 U~~lO ra Sgl~U ffO.J7 / %ff Sgl~U 00.0 / 0/00 -- Sgl~U 00.0 / 0/00 S~l~U 00.0 sloI oou -0- % 001 'JoI 6LO'1 (p~punoq lOU) l~l~UI!l~d ~Iq!SS~~~U p~lnsu~w IUlOl 'JoI 6LO'1 (l~~l lu~uH U!) l~l~W!l~d p~lnsu~w IUlOl SGNOd 001 . , , ' , . , , , , .. , , , , , "-'-'....JJ.,JJJ\.v~"-^,>........,~'.-,-''-'' _'W'~_~W~_ - '" ~ \ J.~ ~ ~1 &un"I"3 ,,( ." 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(L) l ~ doJPUlD~ uaplOO (t) t 'ID() peM (t wnu.!6i:M .J~"1 06D:)I'C (6)- ~.~~~)1 '-:liM'~'I" ..1.1.:....""].9-.~::- cr{~ ~~. ~ ~ :a :rn~~-;r-- ::!l- ~- z- e::.ruds ,(OIUON (t) wolflMOH csa,wo'U. (s) Jlildtunr ,{olD)! (al) 1p.llqJ8^I~ (t qo..lO liIJ!Pf.J!D-'cJ (t) sso~ UDlluno.:l "MQ (a) :;a-- !l--- _,doN UOnD.>>wawwoo (t) WO'llMDH ~IWO'U. (t .JedIU'1' JMO ,(8~ (6) WO'RMDH sselwo'U. (t) RCftUfl' JMO ,(.~ (6)- &j~ '!~ S.. 81don UOI1D.JOWliIWWOO (t) l.fSna 6UJwna (LL) .<.ue\P8)!O'C) (s) ;;t ---':ld;n~U;~l)~ (t) 5UJpaJX) ~ 'lon/"IIllK~_______~""""""'~__"""""""''''~~______'I''~~_______~--'--'''~_~~_____y..__~_.--....._~~ I I I I I I I I I I I I I I I I I I I I (w) "Owner" means a Person, including Declarant, who at the time has or is acquiring any inienS in 'a Lot except a Person who has 0 r is acq uiring such an interest merely as security for the performance of an obligation. (x) "Person" means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof. (y). "Plat" means the final secondary plat of the Property recorded in the Office of the Recorder of Hamilton Coonty, Indiana. (aa) "Reserve for Replacements" means a fund established and maintained by the Corporation to meet the cost of periodic maintenance, repairs, renewal and replacement of the Community Area. (bb) "Residence" means any structure intended exclusively for occupancy by a single . family together with all appurtenances thereto, including private. garage and outbuildings and recreational facilities usual and incidental to the use of a singe family residential lot. (cc) "Restrictions" means the covenants, conditions, easements, charges, liens, restrictions, rules and regulations and all other provisions set forth in this Declaration and the Register of Regulations, as the same may from fune to fune be amended. (dd) "Register of Regulations" means the document containing m1es, regulations, policies, and procedures adopted by the Board of Directors or the Architectural Review Board, as the same may from time to time be amended. (ee) "Roadway" means all or any part of a street, land or road (mduding the right-of-way) designated to a provide access to one or more Lots which has not been accepted for maintenance by a public authority. (8) "Zoning Authority" with respect to any action means the Director of the Department of Community Development of the City of Carmel, and Clay Township, Indiana or, where he lacks the capacity to take action, or fails to take such action, the governmental body or bodies, administrative or judicial, in which authority is vested under applicable law to ~ear appeals, or review action, or the failure to act 2. Declaration. Declarant hereby expressly decla:res that the Property shall' be held, transferred, and occupied subject to the Restrictions. As of the date of the. execution of this Declaration, the Property consists solely of the Real Estate. The Owner of any Lot subject to these Restrictions, by (i) acceptance of a deed conveying tide thereto, or the execuOon of a contract for the purchase thereof, whether from Declarant or a sulRquent Owner of such Lot, 0 r (nj by the act of occupancy of any Lot, shaD accept such deed and execute such contract subject to each Restriction and agreement herein contained By acceptance of such. deed or execution of such coJdract, each Owner acknowledges the righ8 and powers of Declarant and of the Corporation with respect to these restrictions, and also for itself; its heirs, personal representatives, successors and assigns, covenan8, agrees and consents to and with Declarant, the Corporation, and the Owners of each oldie Lots affected by these Restrictions to keep, observe, comply with and penorm such restrictions and agreement Each Owner of a Lot in Kendall WoodbvtheacceJdanceofadeedthereto..shal1 be deemed to have waived such owner's ri2ht to remonstrate a2ainst annexation of all or any Dortion of Kendall Wood bv the City of Carmel at any time. I I I I I I I I I I I I I I I I I I I 3. Additional Real Esnlte. Declarant shall have, and hereby resenres the right, at any time, and from time to time, to add to the Property and subject to d1is Declaration aD or any part of the Additional Real Estate. Any portion of the Additional Real Estate shaD be added to the Property, and therefore and thereby becomes a part of the Property and subject in aU respects to this Declaration and aD righm, obligations and privileges herein, when Declarant places of record in Hamilton County, Indiana, an instrument so declaring the same to be part of the Property, which declaration may be made as part of a subdivision plat of any portion of the Additional Real Esnl1e, or by an amendment or supplement to this Declaration. Upon the recording of any such instmment the real estate described therein shall, for all purposes, thereafter be deemed a part of the Property and die O\vners of any Lots within such real estate shall be deemed for aD purposes to have and be subject to aD the rights, duties, privileges and obligations of Owners ofLo1s within the Property. No single exercise of Declarant's right and option to add to and expand the Property, as described herein as to any part or parts of the Additional Real Estate, shall predude Declarant from thereafter from time to time further expanding and adding to the Property to include other portions 0 f the Additional Real Esnlte, and such right and option of expansion may be exercised by Declarant from time to time as to aU or any portions of the Additional Real Estate so long as such expansion is accomplished during the Development Period. Such expansion of the Property is entirely at the discretion of Declarant and nothing contained in this Declaration or otherwise shall require Declarant to expand the Property beyond the Real Esnlte, or any other portions of the Additional Real Estate which Declarant may voluntarily and in its sole discretion from time to time subject to. tbisDeclaration. 4. The Lakes The Dedarant may, but shaD not be required to, excavate a Lake or Lakes on the property. The Corporation shall be responsible for maintaining the Lakes. The Maintenance C~ of the Lakes shaD be assessed as a General Assessment against aD Lots subject to ~ent Each Owner of a Lot which abuts a Lake shall be responsible at aD times for maintaining so much of the bank of the lake above the pool level as constitutes a part o~ or abufs, his Lot and shall keep that portion of a Lake abutting his Lot free of debris and otherwise in reasonably dean condition. No Owner shall pump water out of the Lake. No boats sbaD be pennitted upon any part of a Lake and no dock, .pier, wall or other structure may be extended into a Lake without the prior written consent of the Architectural Review Board and such governmental authority as may have jurisdiction there over. Except as otherwise provided herein, no individual using a Lake has die right to cross another Lot or trespass upon the shoreline not with the Common Area, subject to the rights of the Declarant, the Corporation and their employees, agenfs and assigns as set forth in the Declaration. Each O\vner of a Lot abutting a Lake shaD indemnify and hold harmless Declarant, the Corporation and each other Owner against aD loss or damage. inCllrl'ed as a ftSUIt ofinjmy to any Person or damage to any property, or as a result of any other cause or thing, arising from or related to me fI or access to, a Lake by any Person who gains access thereto from, over or across such O\vner's lot. Declarant shall have no liability to. any Person with respect to the Lakes, the use thereof or access thereto, or with respect to any damage to any Lot resulting from a Lake or'the proximity of a Lot thereto, including loss or damage from erosion. 5. The Lake Control Stmctures. Dedarant shall convey fitIe to the Lake Control Structures to the Corporation. The Corporation shall be responsible for maintaining the Lake Control Structures to the extent not maintained by the Drainage Board, and the Majotenance Cos1s thetmf shall be assessed as a General Assessment against aD Lots subject to ~ment 6. D raina2e Svstem. Declarant shaD maintain the Drainage System in good condiUon satisfactory for the purpose for which it was constnIcted until the earlier of:I>erember 31 2005, or the date the Drainage System is accepted as a legal drain by the Drainage Board. After the earlier ofsuch dates, the Corporation shall maintain the Drainage system to the extent not maintained by the Drainage Board and the Maintenance Costs thereof shall be assessed against aD Lom subject to assessment serviced by that part of the Drainage System with respect to which Maintenance costs are incurred. Each Owner shall be individuaDy Dable for the cost of maintenance of any drainage system located entirely opon his Lot which is devoted exclusively to drainage orhis Lot and is not maintained by the Drainage BoanI. I I I I I I I I I I I I I I I I I I I 7. Recreational Facilities - The Owners may elect to levy upon aD Lots subject to ~ent a uniform special ~ment for the constmction on a Common Area of certain recreational facilities consBtiDg of a bathhouse, a dub house, a swimming pool, one or two tennis courts, and/or other similar facilities. Such election and special assessmentsbaJI be binding upon aD Lots subject to assessment, so long as such election is evidenced by an instnunent signed by both (i) the appropriate officers of the Corporation acting pursuant to the authority granted by not less than 213 of the votes of the ~ A members cast at a meeting duly caIed for such purpose and (n) the Declarant, so long as 1he Declarant still owns at Ieast one Lot The General Assessment, described in paragraph 13 below, shall then be increased to provide for the mainteoance, repair and insurance of the Recreational Facilitia 8. Maintenance of Entrv Wavs~ Landscaoe Easemenfs" and Common Area Easemenu and Common Areas. The Corporation shall maintain the Entry Ways and the Landscaping Easemen1s and all improvements and plantings thermo, and the Maintenance Costs thereof sbaD be ~ as a General Assessment against an I..D1s subject to ~ent Grass, trees, shmbs, and other planUngs located on an Entry Way or a Landscaping Easement shaD be kept neatly cut, cultivated or trimmed as reasonably required to main1ain an attractive entrance to Kendall Wood, or a part thereof; or a planting area within Kendall Wood. All entrance signs located on an Entry Way shall be maintained at all times in good and sightly condition appropriate to a first~ l15idential subdivision. 9. Roadwavs. (a) Maintenance. Declarant shall maintain each Roadway in good condition satisfactory for the purpose for which it was constructed until the Roadway has been accepted as a public roadway. (b) LandsC8oill!!. All landscaping within the road right-of-way B subject to the approval of the appropriate governmental authority which, initially, is the Hamilton County Board of Commissioners. ( c) Cul-de-sac median IandscaoiD!!. Bush type plantings located on medians within cul~e-sacs shown on the Plat shaD be no more than 18" tail Trees located on medians within cul-de-sacs shown on the Plat shaD be no closer than 10 feet to the back of curb, and sbaJI be pnmed to six feet above street leveL No sight obstructions sbaJI be placed in the median. 10. ConstnJction of Residences. (a) I..and Use. Lots may be used only for single-family n5idential P1II"pO.U and only one Residence not to exceed the maximum height permitted by and meastll'ed pursuant to the Zoning Ordinance of the City of Cannel, Indiana. No portion of any Lot may be sold or subdivided such that there wiD be thereby a greater number of Residences in Kendall Wood than the number of Lots depicted on 1he Plat Notwithstanding any provision in the applicable mning ordinance to the oontnuy, no Lot may be used for any "Special Use" that is not dearly incidental and n~ to single family dwellings. No signs of any nature, kind or descripUon shall be erected, pIacOO, or permitted to remain on any Lot advertising a permitted home occupation. (b) Size of Residence. Except as otherwise provided herein, no residence may be constmcted on any Lot unless such Residence, exclusive of open porches, attached garages and basements (whether finished or unfinished), sbaJI (i) in the aR ofa one story strocture, have a ground floor area of at least 2,400 square feet and (n) in the case of a higher strocture, have an overall square footage of at least 2,800 square feet, at least 1,500 square feet of which must be on the first floor. I I I I I I I I I I I I I I I I I I I ( c) Temoorarv Structures. No trailer, shack, tent, boat, basement, garage or other outbullding may be used at any time as a dwelling, temporary or permanent, nor may any structure of a temporary character be used as a dwelling. (d) Drivewavs. All driveways shall be paved and maintained dust free. ( e ) Yard Lmhts. lbe Owner of each Lot (other than Declarant) shaD iosfaII a yard light in operable condition on. such Lot at a location, having a height and of a type, style and manufacture approved by the Architectural Review Board prior to d1e instaIIafion d1ereot: Each such light f inure shaD also have a bulb of a maximum wattage approved by Architectural Review Board to insure unifonnillumination on each Lot and shall be equipped with a photo electric cell or similar device to insure automatic illumination from dusk to dawn each day. lbe yard light thereafter shall be maintained in proper working order by the Corporation. lbe yard light will be located at a uniform distance from the inside of the adjacent curb and shaD be centrally placed on each Lot (f) Fire Place Chase. All fireplace Chases shaD be of masonry veneer, drivit, or a material which is equal to or better than masonry veneer or E.LF.S. in quality and appearance. No fireplace chase shaD be constructed of stuccoboard. (g) Stol'3!!e. Tanks. AD above or below ground storage tanks, with the exception of gas storage tanks used solely in connection with gas grills for the purpose of grilling or cooking food, shall be and hereby are prohibited. (h) Constmction and landscaDin2. AD constmction upon, landscaping of and odterimprovemenm to a Lot shall be compIetOO strictly in accordance with 1he Lot Development Plan approved by the Architectural Review Board. AD landscaping specified on the landscaping plan approved by the Architectural Review Board shall be instaDed on the Lot strictly in accordance with such approved plan within thirty (30) days foRowing substantial completion 0 f the Residence unIess the Board agrees to a later landscaping completion date. Unless a delay h caused by ~ war, co u rt injunction or ads of god, the Owner of any Lotw hie h on the date of purchase is not improved with a Residence shaD commence construction of a Residence upon the Lot within two (2) years from the date the Owner acquired title thereto and shaD complete construction of such Residence within one (1) year after the date of commencement of tile buDding process, but in no event later than three (3) years after the date the Owner acquired tide to the Lot unless such lnt is adjarentto a Lot upon which the Owner has constructed a Residence in which such Owner permanendy resides. H the Owner fails to commence or complete construction of a l<<5idence within the time periods specified herein, or if the Owner should, without Declarant's written approval, seD, contract to sell, convey, or other-wR dispose ot; or attempt to sell, convey or otherwise dispose o~ the Lot before completion of ronsfmction of a Residence on the Lot, then, in any of such events, Dedarant may: (i) re-enter the Lot and divest the Owner of title thereto by tendering to the Owner or to the Clerk of the Circuit Court of Hamilton Comrfy the lesser of (i) the same net doDar amount as was received by Declarant from such Owner as consideration for the conveyance by Declarant of dte Lot, together with such actual costs, if any, as the Owner may prove to have been incurred in connection with the commencement of construction of a Residence on the Lot and (hj the then fair market value of the Lo~ as determined by averaging two (2) appraisals made by two (2) qualified appraisers appointed by the Judge of the Circuit or Superior Court of Hamilton County, Indiana. (n) obWn injunctive relief to force the Owner t 0 proceed with constmction of any residence, a Lot Development Plan for which has been approved by the Architectural Review Board upon application by such Owner, 0 r I I I I I I I I I I I I I I I I I I I (iii) , pursne such other remedies at law or in equity a may be available to Declarant The failure of the Owner of a wt to apply for approval of, or receive approval from, the Architectural Review Board of a Lot Development Plan shaD not re6eve such Owner from his obtigation to co m men ce and complete construction of a Residence upon the wt within the time periods specified herein. For the purposes of this sub-paragraph (h), coDStn1ction of a Residence will be deemed "compIeted" when the exterior of the Residence (mcluding but not limited to the foundation, walls, roof, windows, entry doors, gutters, downspoWs, exterior trim, paved driveway and landscaping) has been completed in conformity with the wt Development Plan. (i) Mailboxes. All mailboxes installed upon wts shaD be uniform and shaD be of a type, color and manufacture approved by the Architectural Review Board. Such mailboxes shaD be insmIIed upon posts approved as to type, size and location by the Architectural Review Board and the United States Post Office. (j) Septic Svstems. No septic tank, absorption field or any other on-site sewage disposal system (other than a lateral main connected to a sanitary sewage collection system operated by the Clay Township Regional Waste District or a successor pub6c agency or pub6c utility) shall be instaDed or maintained on any wt (k) Water Svstems. Each Owner shaD connect to such water tine maintained by a private or public water utility to provide water for domestic use on the wt and shaD pay aD connection, availability or other charges lawfully established. with respect to connections thereto. Notwithstanding the foregoing, an Owner may establish, maintain and use an irrigation water weD on his wt (I) Draina2e. In the event storm water drainage from any wt or wts flows access another Lot, provision shaD be made by the Owner of such wt to permit such drainage to continue, without restriction or reduction, across the downstream wt and into the natural drainage channel or course, although no specific drainage easement for such flow of water is provided on the Plat To the extent not maintained by the Drainage Board, ''Drainage EasemeJds" raerved as drainage swales shall be maintained by the Owner of the wt upon which such easemen'ts are located such that water from any adjacent wt shaD have adequate drainage along such swale.lots within Kendall Wood may be included in a legal drain established by the Drainage Board. In such event, each wt in Kendall Wood will be subject to assessment by the Drainage Board for the costs of maintenance of the portion of the Drainage System and the Lake Control Stmctures included in such legal drain, which assessment will be a Hen against the Lot The elevation of a wt sbaB not be changed so as to affect materially the surface elevation or grade of surrounding wm. Perimeter foundation drains, sump pump drains, downspouts and water _softeners, shall be connected whenever feasible into a subsurface drainage tile. Downspou1s and drains shaD be designed to disperse nmoff for overland flow to street or swale collection systems. Each Owner shaD maintain the subsurface drains and tiles located on his Lot and shall be liable for the cost of aD repairs thereto or replacemen1s theroot: (m) Outbuildings and sheds are specifically prohibited except that Declarant may aDow them on a case by case basis. 11. Maintenance ofw1s. (a ) Vehicle Parkin2. No camper, motor home, truck, trailer, boat or dmbled vehicle may be parked or stored overnight or longer on any Lot in open public view. (b) Sims. Except for such signs as Declarant may in Us absolute discretion display in connedion with the identification or development 0 f Kendall Wood and the sale oflots therein and such signs as may be Iocated in any Common Area or Community Area, no sign of any kind shaD be displayed to the pub6c view I I I I I I I I I I I I I I I I I I I on any Lot except that two (2) signs of not more than four (4) square feet may be displayed at any time for the purpose of advertising the property for sale, or may be displayed by a builder to advertise the property during constmction and sale. A builder shall display a "sold" sign on the Lot when he has sold the property. ( c) Fencin2. No fence, waD, hedge or shmb plan1ing higher than eighteen (18) inches shaD be permitted between the front property line and the front buDding set-back line except where such planting is part of Residence landscaping and the prime root thereof is within four (4) feet of the Residence. Corner Lots shall be deemed to have two (2) front yards. Trees shaD not be deemed "shmbs" unless planted in such a manner as to romtitute a "hedge". AD fencing shall be wrought iron in appearance, and the Architectural Review Board may not approve a fence which either is not wro ugh t i ro nor does not have a wrought iron appearance. AD fencing shaD be uniform in height, style and color and substantially similar in materiaL No fence shaD be erected or main1ained on or within any Landscaping Easement or Sign Easement except such as may be instaDed by Declarant and subsequendy replaced by the Corporation in such manner as to preserve the uniformity of such fence. No fence may be erected on a Lot without the prior approval of the Architectural Review Board, which shall approve or disapprove the loca1ion of aD fences; provided, however, that aD fencing erected 0 n a Lot must be erected either (i) within t:hree (3) inches of the property fine of such Lot, or (ii) more than ten (10) feet from the property tine of such Lot Owners of Lots adjoining Lots on which a fence is erected within three (3) inches of the property line shaD have the right to .connect 1m ,or her fence to the fence on the adjoining Lot The Architectural Review Board may establish further restrictions with respect to fences, including Iimi1ations on (or prohibition of) the installation offences in the rear yard of a Lot abutting a Lake and design standards for fences. All fences shaD be kept in good repair. No fence, wall, hedge or shmb planting which obstmds sight tines at elevations between two (2) and six (6) feet above the street shaD be placed or permitted to remain on any comer Lot within the triangular area formed by the street property tines and a tine connecting points 25 feet from the intersection of said street lines, orin the caseofastreet line with the edge of a driveway pavement or aUeytine.No tree shaD be pennitted to remain within such distances of such intersections unless the foliage tine is maintained at sufficient height to prevent obstruction of such sight tines. (d) .Nuisances. No noxious or offensive activity shall be carried on upon any Lot. nor shaD. anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood Barking dogs sbaD constitute a nuBmce. (e) Garba2:e and Refuse Disoosal. No Lot shaD be used or main1ained as a dumping ground for trash. Rubbish" garbage or other waste shall be kept in sanitary containers out of public view. All equipment for storage or disposal of such materials shall be kept clean and sanitary. (f) livestock and PouItrv. No animals, Ivestock or poultry of any kind sbaD 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 main1ained for any. commercial purpose. The owners of such pets shaD confine them to their respective Lots such that they will not be a nuisance. Owners sbaD so control or confine them so as to avoid barking which will annoy or disturb adjoining Owners. (g) Outside Burnin2. No trash, leaves, or other materials shaD be burned upon a Lot if smoke therefrom would blow upon any other Lot and, then, only in acceptable incinerators and in comptiance with aD appHcabIe legal requirements. (h) Antennas and Receivers. No antenna, satellite dish, or other device for the transmission or reception of radio, television, or satellite signals or any other form of eIectromagnetic radiation shall be erected, used or maintained outdoors and above ground, whether attached to a building or otherwise, on any I I I I I I I I I I I I I I I I I I I residential Lot without the written approval of the Architectural Review Board, which approval shall not be unreasonably withheld, provided, however, that any such device may be installed and maintained on any Lot without the necessity of such written approval if: (a) it is not visible from neighboring Lots, streets or common area; or (b) the Owner, prior to installation, has received the written consent of the Owners of all Lots who would have views of the device from their Lots; or (c) the device is virtually indistinguishable from stmctures,devices or improvemen1s, such as heat pumps, air conditioning units, barbecue grills, patio furniture, and garden equipment, which are not prohibited by these covenants or by-laws, or (d) it is a satellite dish two (2) feet or less in diameter and not affixed to the roof of a residence. (i) Exterior Lb!hts. No exterior tights shall be erected or maintained between the buDding line and rear lot line so as to shine or reflect directly upon another Lot (j) Electric BU2 Killers. Electric Bug KiBen, "mppers", and other similar devices shaD not be installed at a location or locations which will nwIt in the operation thereof becoming a nuisance or annoyance to other Owners, and shaD be operated only when outside activities require the use thereof and not con1inuously. (k) Tennis Com1s. No ~ court shall be insCaIIed or maintained on any Lot without prior written approval from the Architectural Review Board. (1) Swimmin2 Pools. No swimming pool or equipment or buDding related thereto shall be constmcted without the prior approval 0 f the Architectural Review Board. No swimming pool shaD be located on a Lot abutting within 35 feet from the water's edge of a Lake at Donnal pool elevation as established OD the engineering design plans for the Lake filed with the Zoning Authority. If a variance permitting instaDation of a mechanical pool cover in lieu of fencing has been or may be obtained from the Zoning Authority, then the Architectural Review Board may require, as a condition 10 the location of a swimming pool on a lDt, that the Owner instaD a mechanical pool cover. H the Board imposes such requirement, then a mechanical pool cover of a type and manufacture approved by the Architectural Review Board shall be installed by the Owner in comptiance with all app6cable legal requirements established by the Zoning Authority as a condition to such variance, and all requirements established by the Architectural Review Board. 12. KendaH Wood Homeowners Association. IDe. (a) Membership. Each Owner shaD automaticaDy be a Member and shall enjoy the privileges and be bound by the obligations contained in the Articles and By-Laws. H a Person would realize upon his security and become an Owner, he shall then be subject to aD the requirements and Hmitations imposed by this Declaration on other Owners, including those provisions with respect to the payment of Assessments. (b) Power. The Corporation shall have such powers as are set forth in d1is Declanrtion and in the Articles and By-Laws, together with aU other powers that belong to it by law. ( c) Classes ofMembershio and V otin2 Ri2hts... The Association shall have the following two (2) classes of voting membership: Class A. Class A members shaD be aD Owners with the excepUon of the Declarant Class A members shaD be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, aD such persons shall be members. The vote for each Lot shall be exercised as the members holding an interest in such Lot determine among themselves, but in no event shall more than one vo1e be cast with respect to any Lot. I I I I I I I I I I I I I I I I I I I Class B.. The Class B member shall be the Declarant The Declarant shall be entitled to five (5) votes for each Lot owned. For purposes of this calculation, it shaD be assumed that Declarant owns an Lots, which number shall be reduced as Lots are conveyed by the Declarant to an Owner. The Class B membership shall cease and be converted to Class A membership on the ..happening of either of the foDowing even1s, whichever occurs earlier. (a) when the total number of votes outstanding in the Class A membership fi equal to the to1al number of votes ou1standing in the Class B membership; or, (b) December 31, 2025. (d) ReselVe for. Reolacements. The Board of Directors shall establish and maintain the Reserve for Replacements by the aDocation and payment to such reserve fund of an amount determined annually by the Board to be sufficient to meet. the cost of periodic maintenance, repairs, renewal and replacement of the CommUDity Area. In determining the amount, the Board shaD take into consideration the expected useful life of the Community Area, projected increastS in the cost of materials and labor, interest to be earned. by such find and the advice of Declarant or such consultants as the Board may employ. The Reserve for Replacements shaD be deposited in a special account with a lending institution, the attOunts ofwbich are insured by an agen~ of the United States of America or may, in the, dhcretion of the Board, be invested in obligations o~ or fully guaranteed as to principal by, the United States of America. The Reserve for Replacements shall initially be funded thru the collection from an Owner at cb;iog of tile sum of$600.00. per closing of (1) the transfer of a Lot by Declarant to an Owner other than a builder who acquires title for the purpose of constructing a residence for subsequent sale on (ii) the transfer of a Lot by a builder to an Owner. (e) limitations on Action bv the Corooration Unless the Class B Member and (i) at Ieast two-thirds of the Mortgagees (based on one vote for each first mortgage owned) or (ii) two-thirds (2/3) of the Class A Members (other than Declarant) have given their prior written approval, the Corporation, the Board of Directors and the Owners may not: (i) except as authorized by Paragraph 13(a), by act or omission seek to abandon, partition, subdivide, encumber, seD or transfer the Community Area (but the granting or easements for public utilities or other pub6c purposes consistent with the intended use of the Community Area shall not be deemed a transfer for the purposes of tIm clause); (n) fail to maintain fire and extended coverage on insurable Community Area on a current replacement cost basis in an amount at least one hundred percent (100%) of the insurable value (based on current replacement cost); (iiIj use hazard insurance proceeds for losses to any Community Area for other than the repair, replacement or reconstruction of the Community Area; or (vi) fail to maintain the Reserve for Replacements in the amount required by this Declaration. (f) Men!ers. Upon a merger or consolidation of another corporation with the Corporation, its properties, rights and obligations may, as provided in its articles. of incorporation, by operation of law be transferred to another surviving or consolidated corporation or, alternatively, the properties, rights and obligations of another corporation may be operation of law be added to the'properties, rights and obligations of the Corporation as a surviving corporation pursuant to a merger. The surviving or consolidated corporation may administer the covemuds and restrictions established by this Declaration within the Property together with the covenants and restrictions established upon any other properties as one scheme. No other merger or consolidation, however, shall effect any revocation, change or addition to the covenants estabtished by this Declaration within the Property except as hereinafter provided. (g) Termination of Class B Membership. Wherever in this Declaration the consent, approval 0 r vote of the Class B Member is required, such requirement shaD cease at such time as the Class B Membership terminates, but no such termination shall affect the rights and powers of Declarant set forth in Paragraphs 16(b),16(f),17, or 20 (b). (h). Board of Directors - During the Development Period, the Declarant shaD appoint aD directors, shaD fill all vacancies in the Board of Directors, and shall have the right to remove any Director at any time, with I I I I I I I I I I I I I I I I I I I or without cause. After the Development Period, the Owners shaD elect a Board ofDiredors of the .AssociaOOn as p~ribed by the Associanon's Articles and By-Laws. The Board ofDiredors shall manage the affairs of the Association Directors need not be members of the Association. (i) Obli2ations - The obligations of the Corpondion shaD include the following: (i) WIth respect to Lots for which aD ~ems due under tbh Declaration are current, the Corporation shall mow, trim and fertilize the grass, trees, or other plants and landscaping located on a Lot and initiaDy ins1aIIed by Declarant; provided, however, that the landscaping located on a Lot and initially instaDed by Declarant shall not be required to maintain any flowers or to water any trees, Dowers, shrubs, planm, grass or other landscaping. The Corpora non shaD also maintain and repair the front yard light which it installs in the front yard of each lot. . In the event that the need for maintenance or repair is caused through the wiDfuI or negligent act of an Owner, his family, guests o~ invitees, the cost of such maintenance or, repairs shall be added to and become a part of the ~ent to which such Lot ~ subject. The Corporation shall have none of the obHgations specified in this paragraph 12(i)(i) with ~pect to Lois for which aD assessmen1s due under this Declaration are not current The ObtigatiODS specified in this paragraph 12(i)(i) shall hereafter be referred to as the Maintenance Senices.. 1be BoanI of Directors may without a vote of the members determine that the Corporation will not provide the Maintenance Services during any upcoming caIendar year. Such a detennination must be made by a vote of tile majority of the Board of Directors at least ninety (90) days prior to the calendar year in which the. suspension of. Maintenance Services is to be effective. Any such vote to suspend Maintenance Senices shaD remain and continue to be effective on a caIendaryear -to calendar year basis, unless the Board of Directors. determines to reinsCa1e the Maintenance ServiClS for an upcoming calendar year. Such a detennination to reinstate the Maintenance Services must be made by a vote of die majority of the Board of Directors at least ninety (90) days prior to the calendar year in which reinstatement of the Maintenance Senices is to be effective. Such reinstatement shall then remain and continue on a calendar to calendar year basis unless the Board 0 f Directors again determinl5, in the manner . set forth above, to suspend Maintenance Services. ('n) The Corporation shall further fnIfiU all other obtigations which, per tIletennsoftbh Declaration, it is required to fulfill. 13. Assessments. (a) Creation of the Lien and} Personal Obli!!ation of Assessments. Declarant hereby covenan1s, and each Owner of any Lot by acceptance of a deed thereto, whedJ.er or not it shall be so exp~ in such deed, is deemed to covenant and agree, to pay to the Corporation the foDowing: (1) General assessmen1s, (2) Special Assessments, such ~en1s 10 be esblbIished and roIIedEd as hereinafter provided. AD Assessmen1s, togetherwidl interest thereon and costs of collection thereof, shall be a charge on the land and shaD be a continuing tien upon the Lot against which each Assessment fi made until paid in fuU. Each Assessmen~ together with interest thereon and cm1s of collection and attorneys fees, shall also be the personal obHgation of the Person who was the Owner of the Lot at the time when the~ment became due. I I I I I I I I I I I I I I I I I I I (b) General Asslssment (i) Puroose of Assessment The General ~ment levied by the Corporation shall be used exclusively to promote the recreation, health, safety, and welfare of the Owners of Lots, to fulfill the Maintenance Senices and other obtigatioDS of the Corporation specified in this Declaration to maintain the ReselVe for Replacements, and for the improvement, maintenance and. opendion of the Community Area and aD sign easemen1s and landscape easements. The General Assesm1ent shall also be levied for the payment of real estate taxes allocable to the Community Areas, which real estate taxes shall be paid by the Corporation from the date hereo~ notwithstanding that the Declarant may retain title to aD or part oCtile Community Area. (ii) Basis for Assessment (1) Lots Generallv. Each Lot owned by a person other than Declarant shall be. ~ at a uniform rate without regard to whether a Residence has been constmcted upon the Lot (2) Lots Owned bv Declarant No Lot owned by Declarant shaD be assessed by the Corpondion exoopt such Lo1s as have been improved by the constmction thenm ofResidenas which shaD be subject to assessment as provided in Clause (1) above. (3) Chan2e in Basis. The basis for assessment may be changed with the assent of the Class B Member and of (i) two-thirds (213) of the Oass A Member who are voting in person or by proxy at a meeting of such members duly caDed for this purpose. (iii) Method of Assessment By a vote of a majority of the Directors, the Board of Directors shaD, on the basis specified in subparagraph (ii), fix the General Assessment for each assessment year of the Corporation at an amount sufficient to meet the obligations imposed by this Declaration upon the Corpondion. The Board of Directors shall establish the date(s) the General Assessment shall become due, and the manner in which it shall be paid. (iv) Allocation of Assessment Except as othel'Wfie expnssly provided herein, the general assessment shall be allocated equ~lly among owners of all Lots and shall be uniformly assessed. (c) 8Decial Assessment The Corporation may levy is any fiscal year a Special Assessment applicable to that year and not more than the next four (4) succeMing fiscal years for the purpose of defraying, in whole or in part, the cost of any constmction, repair, or replacement ofa capital improvement upon or consUtuting a part of the Community Area, including fixtun5 and personal property relating thereto, provided that any such Assessment shaD have the assent of the Class P Member and of a majority of the votes of the Class A members whose Lots are subject to assessment with respect to the capdal improvement who are voting in person or by proxy at a meeting of such members duly called for this purpose. (d) Date of Commencement of Assessments. The General Assessment shall commence with respect to assessable Lots on the first day of the month foRowing conveyance of the first Lot to an Owner who is not Declarant The initial General Assessment on any assessable Lot shaD be three thousand doDars ($3000.00) per year and shaD be adjusted according to 1he number of whole months remaining in the assessment year. I I I I I I I I I I I I I I I I I I I (e) Effect of NonDavment of Assessments: . Remedies of the Corooration. Any Assessment not paid within thirty (30) days after the due date may upon n'SOlution of the Board of Directors bear interest from die due date at a percentage rate no greater than the current statutory maximum annual interest rate, to be set by the Board of Directors for each assessment year. The Corporation shall be entitled to institute in any court of competent jurisdiction any lawful action to collect the delinquent Assessment plus any expenses or costs, including attorneys' fees, incurred by the Corporation in collecting such ~ment If the Corporation bas provided for colledion of any Assessment. in installments, upon default in the payment of anyone or more insfaIIments, the Corporafion may accelerate payment and declare the entire balance of said Assessment due and payable in full. No Owner may waive or otberwise escape liability for the Assessments provided for herein by non-use of the Community Area or abandonment of his Lot. (f) Subordination of the Lien to Mort282es. The lien of the Assessments provided for herein against a Lot shall be subordinate to the lien of any recorded first mortgage covering such Lot and to any valid tax or special assessment lien on such Lot in favor of any governmental taxing or assessing authority. Sale or transfer of any Lot shall not affect the assessment lien. The sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall, however, extinguish the lien of such ~menm as to paymen1s which became due more than six (6) months prior to such sale or transfer. No sale or transfer sbaJI relieve such Lot from liability for any Assessmen1s thereafter becoming due or from the lien thereot: (g) Certificates. The Corporation shaD, upon demand by an Owner, at any time, furnish a certificate in writing signed by an officer of the Corporation that the Assessments on a Lot have been paid or that certain Assessmen1s remain unpaid, as the case may be. (h) Exemot Prooertv. The foRowing property subject to this Declaration shall be exempt from the Assessments, charge and lien created herein: (1) all properties to the extent of any easement or other interest therein dediarted and accepted by the local public authority and devoted to public us~ and (2) the Community Area. (i) Annual Bud2et By a majority vote of die Directors, the Board ofDindors sbaJI adopt an annual budget for the subsequent fiscal year, which shall provide for allocation of expenses in such a manner that the 9btigations imposed by the Declaration will be met 14. Architectural Control. (a) The Architectural ~eview Board. Until the end of the Development Period, an Architectural Review Board consisting of two (2) Persons shall be appointed by the Declarant After the expiration of the Development Period, the Architectural Review Board shall be appointed by the Board of Directors. (b) Purposes. The Architecturar Review Board shall regulate the external design, appearance, use, location and maintenance of the Property and ofimprovemenm thereon in such. manner as to preserve values. and to maintain a harmonious relationship among structures, improvemenm and the naturaI vegemtion and topography. ( c) Chan2e in Conditions. Except as otherwise expressly provided in this Declaration, no improvements, structures, alterations, repairs, change of colors, excavations, changes in grade, planting or other work that in any way alters any Lot or the exterior of the improvements located I I I I I I I I I I I I I I I I I I I thereon from iCs natural or improved state existing on the date such Lot was first conveyed in fee by the Declarant to an Owner shall be made or done without the prior approval by the Architectural Review Board of a Lot Development Plan therefor. Prior to the commencement by an Owner other than Declarant of (i) constroction, erection or ahendion of any Residence, building, fence; waD, swimming pool, tennis court, patio, pier, dock, recreational equipment, or other stmcture on a Lot or (ii) any plantings on a Lot, a Lot Development Plan with respect thereto shall be submitted to the Architectural Review Board, and no building, fence, wall, Residence, or other structure shall be commenced, erecb!d, main1ained, improved, altered, made or done, or any ~ made, by any Person other than Declarant without the priorwritten approval by the Arcbirectural Review BoanIof a Lot Development Plan relating to such construction, erection, alteration or plantings. Such approval shall be in addition to, and not in lieu of, aD approvals, consents, pel'DliCs and/or variances required by law from governmental authorities having jurisdiction over Kendall Wood, and no Owner shaD undertake any constroction activity within Kendall Wood unless legal requirements have been satimed. Each Owner shaD complete aD improvemen1s to a Lot stricdy in accordance with the Lot Development Plan approved by the Architectural Review Board. As used in this subparagraph (c), "pIan~" does not indnde flowers, bushes, sbmbs or other plants having a height ofkss than 18 inches. (d) Procedures. In the event the Architectural Review Board fails to approve, modify or disapprove in writing a Lot Development Plan within thirty (30) days after such plan has been duly fIled with the Architectural Review Board in accordance with procedures established by Declarant or, if Declarant is no longer a Class B member, the Lot Development Plan will be deemed to be denied. If Declarant is no longer a Class B member, a decision of the Architectural Review Board may be appealed to the Board of Directors which may reve~ or modify such decision by a two-thirds (213) vote of the Directors then serving. ( e) Guidelines and Standards. The Architectural Review Board shall have the power to establish such architectural and landscaping design guidelines and standards. as it may deem appropriate to achieve the purpose set forth in subparagraph (b) to the extent that such design guidelines and standards are not in conflict with the specific provisions of this Declaration. If Declarant is, no longer a Class B member, any such guide6ne or standard may be appealed to the Board of Directors which may terminate or modify such guideline or standard by a two-thirds (2/3) vote of the Directors then serving. 15. Community Area. (a)OwnershiD. The Community Area shail remain private, and neither Declarant's execution or recording of any instrument portraying the Community Area, nor the doing of any other act by Declarant is, or is intended to be, or shall be construed as, a dedication to the public of such Community Area. Declarant or the Corporation may, however, dedicate or transfer all or part of the Community Area to any public agency, authority or utility for use as roads, utilities, parks or other public purposes. (b) Densitv of Use or AdeQuacv. Declarant expressly disclaims any warranties or representations regarding the density of use of the Community Area or any facilities located thereon or the adequacy thereof for the purpose intended. (c) Oblif!ations of the Corooration. The Corporation, subject to the rights of Declarant and the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Community Area and all improvements and lighting thereon (including furnishings and equipment related thereto), and shall keep the Community Area in good, clean, attractive and sanitary condition, order and repair. I I I I I I I I I I I I I I I I I I I (d) Easements of Enjovment. No 'Person shall have any right or easement of enjoyment in or to the Community Area except to the extent granted by, and subject to the terms and provisions . of, this Declaration or resolution adopted by the Board @f Directors. Such rights and easements as are thus granted shall be appurtenant to and shall pass with the title to every Lot for whose benefit they are granted. The Owners of lots abutting the Lake may use the Lake, but such use shall be limited to fishing and such other uses as may be authorized by resolution adopted by the Board of Directors. Each Owner shall have the right to use such parts of the Community Area as are reasonably required to afford access to and from such Owner's Lot. (e) Extent of Easements. The easements of enjoyment created hereby shall be subject to the following: (i) the right of the Corporation to establish reasonable rules for the use of the Community Area; (ii) the right of the Corporation to mortgage any or all of the Community Area and the facilities constructed thereon for the purposes of improvements to, or repair of, the Community Area or facilities constructed thereon, pursuant to approval of the Class B member or and (i) two-thirds (2/3) of the votes of the Class A members ( excluding Declarant) or (ii) two-thirds (2/3) of the Mortgagees (based on one vote for each first mortgage owned), voting in person or by proxy at a regular meeting of the Corporation or a meeting duly called for this purpose; and (iii) the right of the Corporation to dedicate or transfer all or any part of the Community Area to any public agency, authority or utility, but no such dedication or transfer shall be effective unless an instrument signed by the Class B member and (i) the appropriate officers of the Corporation acting pursuant to authority granted by two-thirds (2/3) of the votes of the Class A members (excluding Declarant) or (ii) two- thirds (2/3) of the Mortgages (based on one vote for each first mortgage owned), agreeing to such dedication or transfer, has. been recorded. (f) Additional Ri2hts of Use. The members of the family and the guests of every Person who has a right .of enjoyment to the Community Area and facilities may use the Community Area and facilities subject to such general regulations consistent with the provisions of this Declaration as may be established from time to time by the Corporation and included within the Register of Regulations. (g) Dama!!e or Destruction bv Owner. In the event the Community Area is damages or destroyed by an owner or any of his guests, tenants, licensees, agents, or member of his family, such Owner authorizes the Corporation to repair said damaged area; the Corporation shall repair said damaged . area in a good workmanlike manner in conformance with the original plans and specifications of the area involved, or as the area may have been modified or altered subsequently by the Corporation in the discretion of the Corporation. The amount necessary for such repairs shaD become a Special Assessment upon the Lot of said Owner. (h) Conveyance of Title. Declarant may retain the legal title to the Community Area or any portion thereof until such time as it has completed improvements thereon; but notwithstanding any provision herein, the Declarant hereby covenants that it shall convey the Lakes and Lake Control Structures to the Corporation, free and clear of all liens and I I I I I I I I I I I I I I I I I I I financial encumbrances. Owners shall have all the rights and obligations imposed by this Declaration with respect to such Community Area prior to conveyance, except that the Corporation shall not be liable for payment of taxes and insurance for such Community Area until title is conveyed. 16. Easements. (i) Plat Easements. In addition to such easements as are created elsewhere in this Declaration and as may be created by Declarant pursuant to written instruments recorded in the Office of the Recorder of Hamilton County, Indiana, Lots are subject to drainage easements, sewer easements, motility easements, sign easements, entry way easements, landscaping easements, lake maintenance access easements and non-access easements, either separately or in any combination. thereof, as shown on the Plat, which are reserved for the use of Owners, public utilities companies and governmental agencies as follows: (i) Draina2e Easements. (DE) are created to provide paths and courses for area and local storm drainage, either overland or in adequate underground conduit, to serve the .needs of Kendall Wood and adjoining ground and/or public drainage systems; and it shall be the individual responsibility of each Owner to maintain the drainage across his own Lot. Under no circumstance shall said easement be blocked in any manner by the construction or reconstruction of any improvement, nor shall any grading restrict, in any manner, the water flow. Said areas are subject to construction or reconstruction to any extent necessary to obtain adequate drainage at any time by any governmental authority having jurisdiction over drainage, by Declarant, and by the Architectural Review Board, but neither Declarant nor the Architectural Review Board shall have any duty to undertake any such construction, or reconstruction. In the event the Decrarant or the Architectural Review Board undertakes any such construction or reconstruction, its obligations to restore the affected real estate after any such construction or reconstruction shall be limited to re-grading and re-seeding. Under no circumstances to shall the Declarant be liable for any damage or destruction to any fences, structures, or other improvements which are damaged, ,destroyed or remodeled by Declarant, or its agents or employees as a result of such construction or reconstruction. Said easements are for the mutual use and benefit of the Owners. (ii) Sewer Easements. (SE) are created for the use of the local government agency having -jurisdiction over any.storm and sanitary waste disposal system which may be designed to. serve Kendall Wood for the purpose of installation and maintenance of sewers that are a part of said system. (iii) Utilitv Easements. (UE) are created for the use of Declarant, the Corporation and all public utility companies; not including transportation companies, for the installation and maintenance of mains, ducts, poles, lines and wires, as well as for all uses specified in the case of sewer easements. (iv) Entrv Way Easements. (EWE) are hereby created in the area of the Entry Ways for the nse of Declarant, the Architectural Review Board and the Corporation for the installation, operation and maintenance of the Entry Ways. (v) LandscaDin2 Easements. (LE) are created for the nse by Declarant, the Architectural Review Board and the Corporation for the planting and maintenance of trees, shrubs and other plantings. I I I I I I I I I I I I I I I I I I I (vi) Lake Maintenance Access Easements. (LMAE) are created for the use of Declarant, the Corporation, the Drainage Board and the. Clay Township Regional Waste District for the purpose of gaining access to the Lake, the Lake Control Structures, the Drainage System in the course of maintenance, repair or replacement of any thereof. (vii) Non-Access Easements. are depicted on the Plat and are created to preclude access from certain Lots to abutting rights-of-way across the land subject to such easements. No planting shall be done, and no hedges, walls, or other improvements shall be erected or maintained in the area of such easements except by the Declarant during the Development Period and, thereafter, by the Association. No fences shall be erected or maintained in the area of such easements. (viii) Si2n Easements. There are strips of grounds shown on the Plat and reserved for mounding easements, landscape easements, and sign easements. Declarant hereby reserves unto itself during the Development Period and thereafter unto the Association, such easements for the purposes of providing signs which. either (i) advertise the Property, and the availability of Lots the identity of participating builders, or events, or (ii) identify the Property. Declarant reserves unto itself during the Development Period and thereafter. unto. the Association,the exclusive and sore right to erect signs and install landscaping, mounding, and screening within these strips of ground shown on the, Plat as landscaping, mounding, and sign easements. No planting. shall be done, and no hedges, walls, or other improvements shall be erected or maintained in the area of such easements except by the Declarant during the Development Period and, thereafter, by the Association. No fences shall be erected or maintained, in the area of such easements, except as may be installed by the Declarant. (ix) Community Area Access Easement. The Declarant and the Corporation shall have an undefined easement over any and all Lots for the purpose of gaining access to any Commwuty Area in order to maintain or repair said Community Area. AD easemen1s mentioned herein include the right of reasonable ~ and egress for the exercise of other rights reserved. No structure, including fences, shall be built on any drainage, sewer or utility easement, but a paved driveway necessary to provide access to a Lot from a public street or Roadway shall not be deemed a "stmcture" for the purpose of this Restriction. . (b) General Easement. There fi hereby created a blanket easement over, across, through and under the Property for ingress, egress, installation, replacement, repair and maintenance of underground utility and service Iin~ and systems, including but not limited to water, sewers, gas, telephones, electricity, television, cable or communication lines and systems. By virtue of this easement it shall be expressly permissible for Declarant or the providing utility or service company to ins1aII and maintain facilities and ajuipment on the Property and to excavate for such purposes-ifDedara.nt or such company restores the disturbed area.. AD such restoration shall be limited to reseeding and re- grading only and Declarant shall be under no obligation to repair or replace any improvements or landscaping. No sewers, electrical lines, water lines, or other utility service lines or facilities for. such utilities may be insCaIIed or relocated in the Property except as proposed and approved by Declarant prior to the conveyance of the first Lot in the Property to an Owner or by the Architectural Review Board thereafter. Should any utility furnishing a service covered by the general easement herein provided req~ a specific easement by recordable document, Declarant or the I I I I I I I I I I I I I I I I I I I Corporation sbaD have the right to grant such easement on the Property without codding with the terms thereof. This blanket easement shall in no way affect any other recorded easements on the Property, shall be limited to improvements as originally constructed, and shall not cover any portion of a Lot upon which a Residence has been constructed. (c) Public Health and Safety Easements. An easement is hereby created for the benefit of, and granted to, all police, fire protection, ambulance, deBvery vehicles, and aD similar Persons to enter upon the Community Area in die penonnance of their duties. ( d) Draina!!e Board Easement. An easement is hereby created for the benefit o~ and granted to, die Drainage Board to enter the Property and aD Lo1s therein to the extent neeessaJY to exercise its rights with respect to aD or any part of the Drainage System or Lake Control Structures which are included within any legal drain. (e) Crossin2 Under2round Easements. Easements utilized for underground service maybe crossed by driveways, walkways and Lake Access Easemen~ provided prior arrangements are made with the utility company furnisbing.service. Such easements as are actuaDy utilized for underground service shall be kept dear of an other improvements, including buDdings, patios, or other pavings, other than crossings, driveways, walkways or Lake Access Easements, and neither Dedarant nor any utility oompany using the easements sbaD be Dable for any 'damage done by either of them or their assigns, agents, employees, or selVants to shmbbery, trees, Bowers or other improvements of the Owner located on the land covered by said easements. (I) Declarant's Easement to Correct Draina2e. For a period often (10) years from the date of conveyance of the first Lot in the Property, Declarant reserves a. blanket easement and right on, over and udder the ground within the Property to maintain and to correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary. H such grading or cutting of trees, bushes or shrubbery is in an area designated on the Plat as a Drainage Easement, then Declarant's obligation to restore the affected real estate shall be limited to re-grading and re-seeding, and neither the Declarant nor its agents, employees or assignees shall be liable for any damage or destruction. to any. improvements, structures' or fencing located on or in such existing Drainage Easement. H such grading or cutting of trees, bushes or shrubbery is not in an area already designated on the Plat as a Drainage Easement, Declarant will restore the affected property to its original condition as nearly as practicable. Declarant shall give reasonable notice of is intention to take such action .to aU affected Owners, unless in the opinion of Declarant an emergency exists which precludes such notice. (g) Water Retention. The Owner of each Lot, by acceptance of a deed thereto, consents to the temporary storage (detention) of storm water within the drainage easements (DE) on such Owners Lot. 17. Declarant's Use Durin!! Construction. Notwithstanding any provisions to the contrary contained herein or in any other instrument or agreement, Declarant or its sales agents or contractors may maintain during the period of construction and sale of Lots and Residences in the Property,. upon such portion thereof as is owned or leased by Declarant, such facilities as in the sole opinion of Declarants may be reasonably required, convenient or incidental to the construction and sale of Lots and Residences, including, but without limiting the generality I I I I I I I I I I I I I I I I I I I thereof, a business office, storage area, construction yards, signs, model Residences and sales offices. 18. Enforcement. The Corporation, any Owner or Declarant shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, but neither Declarant nor the Corporation shall be liable for damage or any kind to any Person for failure either to abide by, enforce or carry out any of the Restrictions. No delay or failure by any Person to enforce any of the Restrictions or to invoke any available remedy with respect to a violation or violations thereof shall under any circumstances be deemed or held to be a waiver by that Person of the right to do so thereafter, or an estoppel of that Person to assert any right available to him upon the occurrence, recurrence or continuation of any violation or violations of the Restrictions. In any action by Declarant, the Corporation or an Owner to enforce this Declaration, such party shall be entitled to recover all costs of enforcement, including attorneys' fees, if it substantially prevails in such action. 19. Approvals bv Declarant. As long as there is a Class B Member, the following actions shall require the prior approval of Declarant the dedication or transfer of the Community Area; the merger or consolidation of the Property with other real estate; mortgaging of the Community Area; amendment of this Declaration; and changes in the basis for any assessment or the amount, use and. time of payment of the any assessment 20. Amendments. (a) Generallv. This Declaration may be amended at any time by an instrument signed by both (i) the appropriate officers of the Corporation acting pursuant to the authority granted by not less than two-thirds (2/3) of the votes of the Class A members cast at a meeting duly called for the purpose of amending this Declaration and, (ii) the Declarant, so long as the Declarant still owns a least one (1) Lot. (b) By Declarant. Declarant hereby reserves the right unilaterally to amend Viand revise the standards, covenants and restrictions contained in this Declaration during the period prior to December 31, 2015. Such amendments shall be in writing, executed by Declarant, and recorded with the Recorder of Hamilton County, Indiana. Declarant shall give notice in writing to such Owners and Mortgagees of any amendments. Except to the extent authorized in Paragraph 15(b), Declarant.shall not have the right at any time by amendment of this Declaration to grant or. establish any easement through, across or over any. Lot which Declarant has previously conveyed without the consent of the Owner of such Lot. (c) Effective Date. Any amendment shall become effective upon its recordation in the office of the Recorder of Hamilton County, Indiana. 21. Interoretation. The underlined titles preceding the various paragraphs and subparagraphs of this Declaration are for convenience of reference only, and none of them shall be used as an aid to the construction of any provision of this Declaration. Wherever and whenever applicable, the singular form of any work shall be taken to mean or apply to the plural, and the masculine from shall be taken to mean or apply to the feminine or to the neuter. 22. Duration. 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"~:;"'.~ N ~ U z <.. z.... ~ ~ ".' z' <. ~. ~ ~;~~ ~.....: N g ~ ~ ~ ~ :~>: ~ '~( o 0':. ~ ~. o 00 M \0 r-... 'M ~ ~ N~ .,~ ~ 0 : ,~ ~ N .0\ " ~.. o ";~ ~ :! ~~ S "^ ~ ....~ o o 0\ ~~ ~~ ~, ~ .~ ~ ~~ ~:! r-... OO~ N .MO ~ 0\0 0\ ~~ ~ ~ Z o ~ ~ ~ ~ ~ ~ \O~ o ':.,v::.' V) 0 r-... ~:-,:.y~ ~ ~ ~~: "':~ ~ ~ "'~ ~ M 0\ o r-... N1;:R ~o ~~ ("") O~ o o 'Y~ 'V "'i' :".," ~ t/.::.: ~ ~ - ~ .;.~: . ~{:' ,. ~:.,.; 't. I I I I I I I I I I I I I I I I I I I HOMEOWNERS ASSOCIATION 2001 BUDGET NOTES INCOME: 4001 Association Fees: Association fees of$150,00 quarterly, 553 total lots. Budgeted income based on sales projections as follow (currently 343 lots sold): Total Lots Sold First Quarter 367 24 Second Quarter 391 24 Third Quarter 414 24 Fourth Quarter 440 25 4002 Developer Contribution: Developer funding of association shortfall. The first month of each quarter is based on 90% of the homeowners paying their dues. Pro-rated dues, which are in the second and third months of each quarter, are based on 100% of the homeowner's payment because they are paid out of closing. ADMINISTRATIVE EXPENSES: 6001 Management Fee: A monthly fee paid to the management company for their services. Fee is $5.00 per month per lot. Minimum of$500,00 per month. 6016 Printing: Newsletters, budget packets, invoice payment copies and other correspondence mailings/copies (Annual estimate - $1,620). 6022 Postage: Postage for invoices, newsletters, violation letters and other correspondence (Annual estimate - $721). 6044 Administrative Other: Stationary, envelopes, checks, accounting supplies, long distance calls and faxes (Annual estimate - $300), 6602 Legal/Professional: Filing of Federal/State tax returns and legal representation (Annual estimate - $250).