HomeMy WebLinkAboutEasements/Covenants/Restriction
, j
DECLARATIO~ OF EASEMENTS, RESTRICTIONS AND
COVENANTS OF THE WOODS AT WILLIAl\1S CREEK
THIS DECLARATION OF E~-\SEl\1ENTS., RESTRICTIONS J~ND co\rENl\NTS
OF The Woods at Williams Creek (hereinafter "Declaration")., Inade as of the day of
June., 2001, b~' Williams Creek \Voods LLC, an Indiana limited liahility c0l11pany. 4429 Blue
Creek Drive, Carmel, Indiana 46033 (hereinafter "Williams Creek").
WIT N E SSE T H:
WHEREAS, Williams Creek is the owner of the real estate located in Hamilton
County, Indiana described on attached Exhibit A (hereinafter "Real Estate")., upon \vhich
Williams Creek intends to develop a residential subdivision to be known as The Woods at
Williams Creek;
WHEREAS., Declarant desires to provide for the preservation and enhancement of the
property values in The Woods at Williams Creek and for the maintenance of the Real Estate
and the improvements thereon, and to this end desires to subject the Real Estate to the
covenants, restrictions, easements, charges and liens hereinafter set forth" each of \"hich is for
the benefit of the future subdivision of Real Estate and the future o\yners thereof:
WHEREAS, Williams Creek believes it to be prudent to create an Indiana not for
profit corporation (hereinafter "NP Corp. ") to administer and enforce the terms of this
Declaration.
NOW, THEREFORE, Williams Creek declares that the Real Estate as it no,v exists
and as it shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied
and improved, are subject to the follo\ving terms and conditions~ all of \vhich are declared to
be in furtherance of a plan for the improvement and sale of the Real Estate and each future
lot to be situated therein, and are established and agreed upon for the purpose of enhancing
and protecting the value, desirability and attractiveness of the Real Estate as a ,vhole and of
each of the future lots and improvements to be constructed thereon. The terms and
conditions of this Declaration shall run \vith the land and shall be binding upon \Villiams
Creek., its respective successors and assigns., and upon the parties having or acquiring any
interest in the Real Estate or any part or parts thereof subject to this Declaration. The terms
and conditions of this Declaration shall inure to the benefit of Williams Creek and its
respective successors in title to the Real Estate or any part or parts thereof:
1. Definitions. The following terms., as used in this Declaration, unless the context
clearly requires otherwise, shall mean the follo\ving:
(a) "Architectural Review Board" means that entity established pursuant to
Paragraph 11 of this Declaration for the purposes therein stated;
., ."
(b) "Articles" means the Articles of Incorporation of the NP Corp.., as amended
from time to time;
(c) "~~ssessments" means all sum la,vfully assessed against the Members of the NP
Corp., as amended from time to time;
(d) "Board of Directors" means the governing body of the NP Corp. elected by the
Members i~ accordance with the By-La\vs;
(e) "By-La\vs" means the Code of By-La\vs of the NP Corp. elected by the
Members in accordance ,vith the By-La,vs;
(1) "The Woods at Williams Creek" means the name by ,,,hich the Real Estate
shall be kno,vn;
(g) "Common Areas" mean Blocks A, B, C, D., E and F as depicted on the Plat~
(h) "Community Area" means: (i) Common Areas; (ii) the Lake Control
Structures; (iii) the Drainage System; (iv) the Lakes and the Lake Access Easements; (v) the
Road\vays to the extent not maintained by public authorit)'; and (vi) an)' utilit)! ser\'ice lines
or facilities not maintained by a public utility company or governmental agenc~r that ser,'e
more than one Lot;
(i) "NP Corp." means The Woods Association of HomeolVnerS., Inc.., an Indiana
not-for-profit corporation, its successors and assigns;
U) "Williams Creek" means Williams Creek Woods [~t.C., an Indiana limited
liabilit)' company, its successors and assigns to its interest in the Real Estate other than
O\vners purchasing Lots or Residences by deed from Williams Creek (unless the conveyance
indicated or intends that the grantee assume the rights and obligations of Williams Creek):
(k) "Development Period" means the period of time commencing \vith the
execution of this Declaration and ending when Williams Creek has completed the
development and sale of., and no longer owns, any Lot or any other portion of the Real Estate:
(I) "Drainage Board" means the Hamilton County Drainage Board, Hamilton
COUll!)', Indiana, its successors or assigns;
(m) "Drainage System" means the open drainage ditches and s,vaJes., the
subsurface drainage tiles, pipes and structures, the dry and ,vet retention and/or detention
areas, and the other structures, fixtures., properties., equipment and facilities (excluding the
Lakes and the Lake Control Structures) located in the Real Estate and designed for the
purpose of controlling., retaining or expediting the drainage of surface and subsurface ,vaters
?
from, over and across the Real ~state, including but not limited to those shown or referred to
on the Plat, all or part of which may be established as legal drains subject to the jurisdiction
of the Drainage Board;
(n) "Lake" means any lake as depicted on the Plat~
(0) "Lake Maintenance Access Easement" means an area designated on the Plat
as a means of access, for purposes of maintenance, to a Lake or a Lake Control Structure;
(p) "100 Year Floodway Easement" means an area designated on the Plat that
defines the approximate 100 year floodway in accordance with the procedure of the Indiana
Department of Natural Resources;
(q) "Nature Conservation Zone" means an area depicted on the Plat;
(r) "Lake Control Structures" means the structure, outfalls, pipes and
appurtenances associated therewith or integral thereto, all or part of which may be
established as a legal drain subject to the jurisdiction of the Drainage Board;
(s) "Lot" means a platted lot as shown on the Plat;
(t) "Lake Lot" means Lots 12 through 28 and 57 through 72 inclusive as depicted
on the Plat;
(u) "Lot Development Plan" means: (i) a site plan prepared by a licensed engineer
or architect; (ii) foundation plan and proposed finished floor elevations; (iii) building plans,
including elevation and floors plan; (iv) material plans and specifications; (v) landscaping
plan; and (vi) all other data or information that the Architectural Review Board may request
with respect to the improvement or alteration of a Lot (including but not limited to the
landscaping thereof) or the construction or alteration of a Residence or other structure or
improvement thereon;
(v) "Maintenance Costs" means all the costs necessary to keep the facilities to
which the term applies operational and in good condition, including but not limited to the
cost of all upkeep, maintenance., repair, replacement of all or any part of any such facilit)',
payment of all insurance with respect thereto, all taxes imposed on the facility and on the
underlying land, leasehold, easement or right-of-way, and any other expense related to the
continuous maintenance, operation or improvement of the facility;
(\v) "Manager" means the individuals (and/or any corporation such individuals
own or control) identified in Williams Creek's Operating Agreement;
(x) "Member" means a Class A or Class B member of the NP Corp. and
"Members" means Class A and Class B members of the NP Corp.;
~
(y) "Mortgagee" means the holder of a first mortgage on a Residence;
(z) "O\vner" means a Person, including Williams Creek, ,vho at the time has or is
acquiring any interest in a Lot except a Person \vho has or is acquiring such an interest
merely as security for the performance of an obligation;
(aa) "Person" means an individual, firm., corporation, partnership, association"
trust or oth~r legal entity, or any combination thereof:
(bb) "Plat" means the final secondary plat of the Real Estate recorded in the Office
of the Recorder of Hamilton County, Indiana;
(cc) "Reserve for Replacements" means a fund established and maintained hy the
NP Corp. to meet the cost of periodic maintenance and repairs of the LJake Control
Structures;
(dd) "Residence" means any structure intended exclusively for occupancy by a
single famil)T together with all appurtenances thereto., including private garage and
outbuildings and recreational facilities usual and incidental to the usage of a single family
residential lot;
(ee) "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 time to time be amended;
(ff) "Register of Regulations" means the document containing rules., regulations"
policies, and procedures adopted b)' the Board of Directors or the ~L\rchitectural Revie,,,
Board, as the same may from time to time be amended~
(gg) "Road\vay" means all or any part of a street., land or road (including the right-
of-way) designated to provide access to one or more Lots \vhich has not been accepted for
maintenance by a public authority;
(hh) "Zoning Authority" ,vith respect to any action means tile Director of the
Department of Community Development of the City of Carmel, Indiana or, \vhere lIe 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 la\v to hear appeals"
or revie\v action, or the failure to act.
2. Declaration. Williams Creek hereby expressly declares that the Real Estate
shall be held., transferred., used., and occupied subject to the Restrictions. The O,,,ner of any
Lot subject to these Restrictions by: (i) acceptance of a deed conveying title thereto" or the
execution of a contract for the purchase thereof., ,vhether from \Villiams Creek or a
4.
subsequent O\vner of such Lot; .or (ii) by the act of occupancy or use of any Lot41 shall accept
such deed and execute such contract subject to each Restriction and agreement herein
contained. By acceptance of such deed or execution of such contract., each O\vner
ackno\vledges the rights and po\vers of Williams Creek and of the NP Corp." and the O\vners
of each of the Lots affected by these Restrictions to keep., observe., comply \vith and perfornl
such restrictions and agreements.
3. The J Jakes. Williams Creek shall convey title to the I--iakes to the NP Corp.
The NP Corp. shall be responsible for maintaining the Lakes. NP Corp. shall maintain the
Lakes to preserve their purpose as a retention facility of the Drainage System. Each O\vner
of a Lot which abuts the Lake shall be responsible at all times for maintaining so much of the
bank of the Lakes above the pool level as constitutes a part of, or abuts, his Lot and shall
keep that portion of a Lake abutting his Lot free of debris and other\vise in reasonably clean
condition. No Owner shall pump water out of the Lakes. No boats shall be permitted upon
any part of a Lake and no dock, pier, wall or other structure may be extended into a Lake
without the prior \vritten consent of the Architectural Revie\v Board and such governmental
authority as may have jurisdiction. No s\vimming or ice skating \vill be permitted in or on the
Lakes unless authorized by the Board of Directors. Each O\vner of a Lot abutting a l...Iake
shall indemnify and hold harmless Williams Creek, the NP Corp. and each other O\vner
against all loss or damage incurred as a result of injury to any Person or damage to any
propert)', or as a result of any other cause or thing, arising from or related to use of., or access
to a Lake by any Person who gains access thereto from over or across such O\vner's Lot.
Williams Creek shall have no liability to any Person with respect to a Lake, the use thereof or
access thereof, or \vith respect to any damage to any Lot resulting from a Lake or the
proximity of a Lot thereto, including loss or damage from erosion.
4. The T J3ke Control Strnctures. Williams Creek shall convey title to the Lake
Control Structures to the NP Corp. The NP Corp. shall be responsible for maintaining the
Lake Control Structures to the extent not maintained by the Drainage Board, and the
Maintenance Costs thereof shall be assessed as a general Assessment against all Lots.
5. Dr3in3ee System. Williams Creek shall maintain the Drainage S)'stem in good
condition satisfactory for the purpose for which it was constructed until the earlier of June
30, 2002, or the date the Drainage System is accepted as a legal drain by the Drainage Board.
After the earlier of such dates., the NP Corp. shall maintain the Drainage System to the
extent not maintained by the Drainage Board and the Maintenance Costs thereof shall be
assessed against all Lots. Each O\vner shall be individually liable for the cost of maintenance
of any drainage system located entirely upon his Lot \vhich is devoted exclusively to drainage
of his Lot and is not maintained by the Drainage Board.
6. Road\vays. Williams Creek shall maintain each Road\vay in good condition
satisfactor)T for the purpose for which it was constructed until the Road\vay has been
accepted as a public road\vay.
F;
7. Construction of R.esidences.
(a) T Jand IJse. Lots may be used only for single-family residential purposes. Only
one Residence shall be constructed on a Lot. Such Residence shall not exceed the maximum
height permitted by and measured pursuant to the Zoning Ordinance of the City of Carmel.,
Indiana. No portion of any Lot may be sold or subdivided such that there will be thereby a
greater number of Residences in The Woods at Williams Creek than the number of Lots
depicted on the Plat. Notwithstanding any provision in the applicable zoning ordinance to
the contrary, no Lot may be used for any "Special Use" that is not clearly incidental and
necessary to single family dwellings. No home occupation shall be conducted or maintained
on any Lot other than one which does not constitute a "special use" and which is incidental to
a business., profession or occupation of the Owner or occupant of such Lot and \vhich is
generally or regularly conducted at another location which is away from such Lot. No signs
of any nature., kind or description shall be erected, placed, or permitted to remain on any Lot
advertising a permitted home occupation. Notwithstanding the foregoing restrictions
pertaining to the Lots, Lot 73 may be excepted from the foregoing restrictions if Williams
Creek elects to build a clubhouse/pool on Lot 73. In such event upon Williams Creek sale of
all the remaining 72 Lots, it shall quitclaim its interest in Lot 73 (and the improvements
thereon) to NP Corp;
(b) Size of Residence. Except as otherwise provided herein, no residence may be
constructed on any Lot unless such Residence, exclusive of open porches, attached garages
and basements, shall have a ground floor area of 3,200 square feet if a one-story structure, or
4,000 square feet if a multi-story structure. In the case of multi-story structure, at least 2,200
square feet must be included in the ground floor of such Residence;
(c) Temporary Structures. No trailer, shack, tent, boat, basement, garage or other
outbuilding 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) Ruildine T Jocation and Finished Floor Rlevation. No building may be erected
benyeen the building line shown on the Plat and the front Lot line, and no structure or part
thereof may be built or erected nearer than ten (10) feet to any side Lot line or nearer than
twenty (20) feet to any rear Lot line. The side yards of each Lot must aggregate thirty (30)
feet. No accessory building may be erected in front of a main building or in the required
front yard on the side of a corner lot unless the accessory building is attached to the main
building by a common wall. All ground floor elevations must be supplied to the Architectural
Review Board. Demonstration of adequate storm water drainage in conformity with both on-
Lot and overall project drainage plans shall be a pre-requisite for finished floor elevations.
The Architectural Review Board shall approve, in writing, such elevations. Before
construction commences, the finished floor elevation shall be physically checked on the Lot
and certified by a licensed professional engineer or a licensed land surveyor~
(e) Driveways. All driveways shall be paved asphalt or poured concrete and
R
maintained dust free;
(f) Yard T jehts. Each Residence on each Lot shall include a yard light on such
Lot at a location., having a height and of a t).rpe., style and manufacture approved by the
Architectural Revie\v Board. Each such light fixture shall also have a bulb of a maximum
wattage approved by Architectural Revie\y Board to insure uniform illumination on each Lot
and shall be equipped with a photo electric cell or similar device to insure automatic
illumination from dusk to da,vn each day. The yard light thereafter shall be nlaintained in
proper \vor~ing order by the Lot Owner;
(g) Fire PI~ce Ch~se. All fireplace chases shall be of masonry veneer, dryvit., or a
material which is equal to or better than masonry veneer or dryvit in quality and appearance.
No fireplace chase shall be constructed of stucco board;
(h) Storaee Tanks. All above or below ground storage tanks, lvith the exception of
gas storage tanks (not to exceed 10 gallons) used solely in connection \vith gas grills for the
purpose of grilling or cooking food, shall be and thereby are prohibited;
(i) Construction and T ,andscapine. All construction upon~ landscaping of and
other improvements to a Lot shall be completed strictly in accordance with the Lot
De\relopment Plan approved by the Architectural Revie\y Board. Landscaping shall include
a minimum of shrubs, evergreens and trees as further described and specified on attached
Exhibit B. All landscaping specified on the landscaping plan approved by the Architectural
Revie,v Board shall be installed on the Lot strictly in accordance \vith such approved plan
within thirty (30) days following substantial completion of the Residence unless the Board
agrees to a later landscaping completion date. In the event the actual construction of the
Residence fails to fully comply ,vith all the details and specifications of the Lot Development
Plan, Williams Creek and/or NP Corp. shall have the right (but not the obligation) to file suit
in a court of appropriate jurisdiction. Such suit shall seek specific performance of the
provisions of the Lot Development Plan. In addition to the remedy of specific performance,
Williams Creek and/or NP Corp. shall be entitled to recover all costs of such litigation.,
including but not limited to, reasonable attorney fees., court costs., expert \vitness fees.,
deposition costs, etc.;
(j) Mai1hoxes. All mailboxes installed upon Lots must be purchased from
Williams Creek. Such mailboxes shall be approved by the ~t\.rchitectural Re,rie\v Board:
(k) Septic Systems. No septic tank., absorption field or any other on-site se\vage
disposal system (other than a lateral main connected to a sanitary se\vage collection system
operated by the Clay Township Regional Waste District or a successor public agency or
public utility) shall be installed or maintained on any Lot;
(I) Water Systems. Eacll Owner must connect to a ,vater line maintained by a
public ,vater utili!)' to provide water for domestic use on the Lot and shall pay all connection.,
7
availability or other charges ,lawfully established with respect to connections thereto.
Notlvithstanding the foregoing, an O\vner may establish, maintain and use an irrigation
water \vell on his Lot;
(m) Dr3in3ee. In the event storm water drainage from any Lot or Lots flo\vs
across another Lot, provision shall be made by the Owner of such Lot to permit such
drainage to continue, without restriction or reduction, across the downstream Lot and into
the natural drainage channel or course., although no specific drainage easement for such flo\v
of \vater is, provided on the Plat. To the extent not maintained by the Drainage Board.,
Drainage Easements (including but not limited to the 1 00 Year Flood\vay Easement) reserved
as drainage swales shall be maintained by the Owner of the Lot upon \vhich such easements
are located such that water from any adjacent Lot shall have adequate drainage along such
slvale. Lots within The Woods at Williams Creek may be included in a legal drain
established b)' the Drainage Board. In such event, each Lot in The \\/'oods at \\/illiams Creek
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 Structures included in such legal drain.,
\vhich assessment \vill be a lien against the Lot. The elevation of a Lot shall not be changed so
as to affect materially the surface elevation or grade of surrounding Lots. Perimeter
foundation drains, sump pump drains, downspouts and water softeners~ shall be connected
whenever feasible into a subsurface drainage tile. Downspouts and drains shall be designed
to disperse runoff for overland flow to street or slvale collection systems. Each Owner shall
maintain the subsurface drains and tiles located on his Lot and shall be liable for the cost of
all repairs thereto or replacements thereof. During the course of construction, appropriate
silt fencing shall be maintained to prevent any silt runoff;
(n) V3c3nt T Jots. It shall be the duty and obligation of the O\vner of a vacant Lot
to maintain such Lot and mo\v the la\vn thereof. Williams Creek and the NP Corp. shall
ha\'e the right., but not the obligation., to mOlV the la\vn and maintain vacant Lots;
(0) Sheds.. Out Ruildines. Out buildings., tree houses., playhouses., pool houses and
sheds are specifically prohibited except that Williams Creek or the NP Corp. may allo\v them
on a case by case basis; provided, hOlvever , in no event shall any out buildings, tree houses.,
playhouses, pool houses and sheds be located in the 100 Year Flood,vay Easement or the
Nature Conservation Zone;
(p) T Jmit3tions on 100 Year Floodw3Y F3sement. Pursuant to the rules and
regulations of the Indiana Department of Natural Resources, no Residence, temporary
structure (as defined in subparagraph 7(c) hereof), fences, out buildings, pool houses,
swimming pools, tennis courts or other buildings may be built or maintained in the 1 00 Year
Flood\va)T Easement:
Cq) 'Jimit3tions on N3tllre Conserv3tion Zone. No Residence, temporary structure
(as defined in subparagraph 7(c)hereof), sheds, outbuildings, pool houses, fences, s\\'imnling
pools, tennis courts or other buildings may be built or maintained in the Nature Conservation
R
Zone.
8. M3inten~nce of T Jots.
(a) Vehicle Parkine. No camper, motor homell truck., trailer., boat" disabled
vehicle, or vehicle without a properly issued license plate, ma)' be parked or stored overnight
or longer on any Lot in open public view;
(b) . Signs. Except for such signs as Williams Creek may in its absolute discretion
display in connection with the identification or development of The Woods at Williams Creek
and the sale of Lots therein, no sign of any kind shall be displayed to the public vie\v 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 Lot for sale, or may be displayed by a builder to
advertise the Lot during construction and sale. A builder shall display a "sold" sign on the
Lot when he has sold the property;
(c) Fencine. No fence, wall, hedge or shrub planting higher than twenty-four (24)
inches shall be permitted between the front property line and the front building set-back line
except "vhere 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 shall not be deemed "shrubs" unless planted in such a manner as to constitute a
"hedge". No chain link fence shall be erected upon a Lot. All fencing shall be uniform in
height, style and color and, substantially similar material. All fences on Lake Lots and any
Lots abutting the Community Areas, shall be wrought iron or similar material. No fence may
be erected on a Lot without the prior approval of the Architectural Review Board, which
may establish further restrictions with respect to fences, including limitations on (or
prohibition of) the installation of fences in the rear yard of a Lot abutting a Lake and design
standards for fences. All fences shall be kept in good repair. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between two (2) and six (6) feet above the
street shall be placed or permitted to remain on any corner Lot within the triangular area
formed by the street property lines and a line connecting points 25 feet from the intersection
of said street lines, or in the case of a street line with the edge of a driveway pavement. No
tree shall be permitted to remain within such distances of such intersections unless the foliage
line is maintained at sufficient height to prevent obstruction of such sight lines.
(d) Veeet~tion. An Owner shall not permit the growth of weeds and volunteer
trees and bushes on his Lot, and shall keep his Lot reasonably clear from such unsightly
gro\vth at all times. If an Owner fails to comply with this restriction., the J.\.rchitectural
Revie\v Board may (but shall not be obligated to) cause the weeds to be cut and the Lot
cleared of such growth at the expense of the Owner thereof and the Architectural Review
Board shall have a lien against the cleared Lot for the expense thereof;
(e) Nuisances. No noxious or offensive activity shall be carried on or upon any Lot
nor shall anything be done thereon which may be, or may become., an annoyance or nuisance
q
to the neighborhood. Barking dogs shall constitute a nuisance~
(f) G9rhgee 9nd Refuse OiSpOS91. No Lot shall be used or maintained as a
dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary
containers out of public vie\v. All equipment for storage or disposal of such materials shall be
kept clean and sanitary;
(g) J jvestock 9nd Poultry. No animals, livestock or poultry of an)r kind shall be
raised, bre~ 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 purpose. The
Olvners of such permitted pets shall confine them to their respective L.ots such that they \vill
not be a nuisance. O\vners of dogs shall so control or confine them so as to avoid barking
\vhich \vill annoy or disturb adjoining O\vners~
(h) Outside Rurnine. No trash, leaves~ or other material shall be burned upon a
Lot if smoke therefrom would blo\v upon any other Lot and., then., only in acceptable
incinerators and in compliance with all applicable requirements;
(i) Antenn9S 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
electromagnetic radiation shall be erected, used or maintained outdoors and above grouncl.,
whether attached to a building or othenvise, on any Lot without the ,vritten approval of the
Architectural Review Board, ,vhich approval shall not be unreasonably withheld; provided,
however, that any such device may be installed and maintained on an)r Lot \vithout the
necessity of such written approval if: (a) it is not visible from neighboring Lots or streets; or
(b) the Owner, prior to installation, has received the written consent of the O\vners of all Lots
\vho \vould have vie\vs of the device from their Lots; or (c) the device is virtually
indistinguishable from structures., devices or improvements such as heat pumps., air
conditioning units, barbecue grills, patio furniture, and garden equipment., \vhich are not
prohibited by these covenants;
U) Rxterior J jehts. No exterior lights shall be erected or maintained bet\veen the
building line and rear lot line so as to shine or reflect directly upon another Lot~
(k) Rlectric Rue Killers. Electric bug killers, "zappers", and other similar devices
shall not be installed at a location or locations which will result in the operation thereof
becoming a nuisance or annoyance to other Owners, and shall be operated onl)' when outside
activities require the use thereof and not continuously;
(I) Tennis Courts. No tennis courts shall be installed or maintained on any Lake
Lots or in the 100 Year Flood\vay Easement;
(m) S\vimmine Pools. No s\vimming pool or equipment or building related thereto
shall be constructed \vithout the prior approval of the i\rchitectural Revie\v Board. No
1n
s\vimming pool shall be located. on a Lake Lot abutting \vithin 35 feet from the water's edge
of the Lake at normal pool elevation as established on the engineering design plans for the
Lake filed \vith the Zoning Authority. Further., no swimming pool shall be located within the
1 00 Year Flood\vay Easement. If a variance permitting installation 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 to the location of a s~vimming pool
on a Lot.. that the Owner install a mechanical pool cover. If the J;\rchitectural Revielv Board
imposes such requirement, then a mechanical pool cover of a type and manufacture approved
by the Arc~itectural Review Board shall be installed by the O\"'ner in compliance \vith all
applicable legal requirements established by the Zoning Authority as a condition to such
variance, and all requirements established by the Architectural Revie\v Board.
9. The Woods Association of Homeowners.
(a) Memhership. Each O\vner shall automatically be a Member of the NP Corp.
and shall enjoy the privileges and be bound by the obligations contained in the Articles and
By-La\vs. If a Person would realize upon his security and become an O\vner, he shall then be
subject to all the requirements and limitations imposed by this Declaration on other O\vners.,
including those provisions with respect to the pa)'ment of Assessments~
(b) Po\vers. The NP Corp. shall have such po\vers as are set forth in this
Declaration and in the Articles and By-La\vs., together \vith all other po\vers that belong to it
by law;
(c) Classes of Memhership ~nd Votine Riehts. The Association shall have the
following nvo (2) classes of voting membership:
Cl~ss A. Class A Members shall be all O\vners with the exception of Williams
Creek and the Managers of Williams Creek. Class A Members shall be entitled to one
(1) vote for each Lot owned. When more than one person holds an interest in any Lot.,
all such persons shall be Class A 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 vote be cast \vith respect to any Lot;
Cl~ss R. Class B Members shall be Williams Creek and its l\lanagers.
Williams Creek and its Managers shall be entitled to 100 (100) votes for each
Lot o\vned by them. For purposes of this calculation, it shall be assumed that
\Villiams Creek owns all Lots, which number shall be reduced as Lots are
conve)red by Williams Creek to a Person other than \Villiams Creek or its
Managers. The Class B membership shall cease and be converted to Class It\.
membership on the happening of either of the following events, whichever
occurs earlier: (a) wilen the total number of votes outstanding in the Class A
membership are greater than the total number of votes outstanding in the
Class B membership; or, (b) December 31, 2012;
1 1
(d) Reserve for Replacements. The Board of Directors shall establish and
maintain the Reserve for Replacements by the allocation 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 and renewal of the Community Areas. In determining the amount, the
Board shall take into consideration the expected useful life of the Community Areas. The
Reserve for Replacements shall be deposited in a special account with a lending institution.,
the accounts of which are insured by an agency of the United States of America or may, in the
discretion 0' the Board, be invested in obligations of, or fully guaranteed as to principal by.,
the United States of America;
(e) Mereers. Upon a merger or consolidation of another corporation with the NP
Corp., its properties, rights and obligations may, as provided in its articles of incorporation
or by operation of law be transferred to another surviving or consolidated corporation or.,
alternatively, the properties, rights and obligations of another corporation may by operation
of law be added to the properties, rigllts and obligations of the NP Corp. as a surviving
corporation pursuant to a merger. The surviving or consolidated corporation may
administer the covenants and restrictions established by this Declaration within the Real
Estate 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 established by this Declaration within the Real Estate except as
hereinafter provided;
(f) Termination of CI3SS H Memhership. Wherever in this Declaration the
consent, approval or vote of the Class B Member is required, such requirement shall cease at
such time as the Class B Membership terminates, but no such termination shall affect the
rights and powers of Williams Creek set forth in Paragraph 15 (b);
(g) Hoard of Directors. During the Development Period, Williams Creek shall
appoint all directors., shall fill all vacancies in the Board of Directors, and shall have the right
to remove any Director at any time, with or without cause. After the Development Period., the
Owners shall elect a Board of Directors of the NP Corp. as prescribed by the NP Corp.'s
Articles and By-Laws. The Board of Directors shall manage the affairs of the NP Corp.
Directors must be members of the NP Corp. after the termination of the Development Period.
10. Assessments.
(a) Cre3tion of the T jen 9nd Person91 Ohli~9tion of Assessments. Williams Creek
hereby covenants, and each Owner of any Lot by acceptance of a deed thereto, \vhether or
not it shall be so expressed in such deed, is deemed to covenant and agree, to pay to the NP
Corp. the follo\ving: (1) General Assessments; (2) Special Assessments, to be established and
collected as hereinafter provided.
All Assessments., together with interest thereon and costs of collection thereof.. shall be
1 ?
a charge on the Lots and sh~ll be a continuing lien upon the Lot against \vhich each
Assessment is made until paid in full. Each Assessment, together with interest thereon and
costs of collection thereof, shall also be the personal obligation of the Person \"ho \vas the
O\vner of the Lot at the time when the Assessment became due~
(b) (;enernl Assessment.
(1) Purpose of Assessment. The General ~;\ssessment levied by the ~p
Corp. shall be used exclusively to promote the recreation, health, safety, and \velfare
of the Owners of Lots and for the improvement., maintenance and operation of the
Lake. The General Assessment shall also be levied for the payment of real estate taxes
allocable to the Lake, ,vhich real estate taxes shall be paid by the NP Corp. from the
date hereof, notwithstanding that Williams Creek may indefinitely retain title to all or
part of the Lake. It shall further be the obligation of the NP Corp. to: (i) maintain and
pay all costs of maintenance of all public lighting installed and existing in any right-of-
,vay; (ii) pay the costs of all electricity and energy usage attributable to public lighting
installed and existing on any right-of-way; and (iii) pay the costs of maintenance of
an)T side,valks ,vhich abut a right-of-\vay but are not \vithin the right-of-\vay, and the
General Assessment shall also be levied by the NP Corp. to comply and pay for \vith
the foregoing maintenance requirements and obligations;
(2) R3Sis for Assessment.
(i) T Jots hener3l1y. Each Lot o\vned by a Person other than
Williams Creek or its Managers shall be assessed at a uniform rate \vithout
regard to \vhether a Residence has been constructed upon the Lot~
(ii) J Jots O\vned hy Willi3ms Creek or its M3n3eers. No Lot owned
by Williams Creek or its Managers shall be assessed by the NP Corp.~
(iii) Ch3nee in R3Sis. The basis for assessment may be changed \vith the
assent of the Class B Members and of: (1) t\vo-thirds (2/3) of the Class i\
Members (excluding Williams Creek or its Managers); or (2) two-thirds (2/3)
of the Mortgagees (based on one vote for each first mortgage o\vned) \vho are
voting in person or by proxy by a meeting of such Members duly called for this
purpose;
(3) Method of Assessment. By a vote of a majority of the Directors., the
Board of Directors shall fix the General l\.ssessment for each assessment year of the
NP Corp. at an amount sufficient to meet the obligations imposed by this Declaration
upon the NP Corp. The Board of Directors shall establish the date(s) the General
Assessment shall become due., and the manner in \vhich it shall be paid~
(c) Speci31 Assessment. The NP Corp. may levy in any fiscal year a special
11
assessment applicable to that ye~r and not more than the next four (4) succeeding fiscal years
for the purpose of defraying, in whole or in part, the cost of any construction, repair., or
replacement of a capital improvement upon or constituting a part of the Lake, provided that
any such Assessment shall have the assent of all of the Class B Members and of a majority of
the votes of the Class A Members who are voting in person or by proxy at a meeting of such
members duly called for this purpose;
(d) D:lte of Commencement of Assessments. The General Assessment shall
commence \~ith respect to assessable Lots on the first day of the month follo\ving conveyance
of the first Lot to an Owner who is not Williams Creek or its Managers. The initial
Assessment on any assessable Lot shall be adjusted according to the number of \vhole months
remaining in the assessment year;
(e) Rffect of Nonp~yment of Assessments: Remedies of the NP Corp. ,L\.ny
Assessment not paid \vithin thirty (30) days after the due date may upon resolution of the
Board of Directors bear interest from the due date at a percentage rate of 12(~) per annum.
The NP Corp. shall be entitled to institute in any court of competent jurisdiction any la\vful
action to collect the delinquent Assessment plus any expenses or costs, including attorneys'
fees, incurred by the NP Corp. in collecting such Assessment. If the NP Corp. has provided
for collection of any Assessment in installments, upon default in the pa)Tment of anyone or
more installments, the NP Corp. may accelerate payment and declare the entire balance of
said Assessment due and payable in full. No Owner may waive or other\vise escape liability
for the Assessments provided for herein by abandonment of his Lot;
(f) Snhordin~tion of the T jen to Morte~ees. The lien of the Assessments provided
for herein against a Lot shall be subordinate to the lien of an)' 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 authori(y. 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 .~ssessments as to payments
which became due more than hvelve (12) months prior to such sale or transfer. No sale or
transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or
from the lien thereof;
(g) Certific~tes. The NP Corp. shall, upon demand by an O,vner, at any time.,
furnish a certificate in \vriting signed by an officer of the NP Corp. that the Assessments on a
Lot have been paid or that certain Assessments remain unpaid, as the case may be;
(h) Rxempt Property. The following 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
dedicated and accepted by the local public authority and devoted to pubic use; and
1Ll
(2) the Lakes;
(3) the Common Areas.
(i) Annn91 Rlldeet. By a majority vote of the Directors, the Board of Directors
shall adopt an annual budget for the subsequent fiscal year, which shall provide for
allocation of expenses in such a manner that the obligations imposed by the Declaration \vill
be met;
11. Architectllrnl Control.
(a) The Architectnr91 Review R09rd. Until the end of the Development Period, an
Architectural Review Board consisting of three (3) Persons shall be appointed by Williams
Creek. After the expiration of the Development Period, the Architectural Review Board shall
be appointed by the Board of Directors;
(b) Purposes. The Architectural Review Board shall regulate the external design,
appearance, use, location and maintenance of the Property and of impro\'ements thereon in
such manner as to preserve values and to maintain a harmonious relationship among
structures, improvements and the natural vegetation and topography;
(c) Ch9nee in Conditions. Except as otherwise expressly provided in this
Declaration, no improvements, 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 thereon from its natural or improved state existing on the date such
Lot was first conveyed in fee by the Williams Creek 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 Williams Creek of:
(1) construction, erection or alteration of any Residence, building, fence, wall,
s"vimming pool, tennis court, patio, pier, dock, recreational equipment, or other
structure on a Lot; or
(2) 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, erected, maintained., improved.,
altered., made or done, or any plantings made, by any Person other than Williams
Creek without the prior written approval by the Architectural Review Board of a Lot
Development Plan relating to such construction, erection, alteration or plantings.
Such approval shall be in addition to, and not in lieu of, all approvals., consents..
permits and/or variances required by law from governmental authorities having
jurisdiction over The Woods at Williams Creek, and no Owner shall undertake any
construction activity within The Woods at Williams Creek unless legal requirements
have been satisfied. Each Owner shall complete all improvements to a Lot strictly in
1F\
accordance ,vith the Lo~ Development Plan approved by the ~L\rchitectural Revie,,,
Board. As used in this subparagraph (c), "plantings" do not include flo\vers., bushes"
shrubs or other plants having a height of less than 18 inches;
(d) Procpdures. In the event of the Architectural Review Board fails to approve.,
modify or disapprove in writing a Lot Development Plan \vithin thirty (30) days after such
plan has been duly filed with the Architectural Revie,v Board in accordance with procedures
established by Williams Creek or., if Williams Creek is no longer a Class B member., this
approval w.ill be deemed granted. If Williams Creek is no longer a Class B member., a
decision of the Architectural Revie\v Board may be appealed to the Board of Directors \vhich
may reverse or modify such decision by a t,vo-thirds (2/3) vote of the Directors then serving~
(e) Guidelines and Standards. The Architectural Revie\v Board shall have the
po\ver 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 \vith the specific provisions of this
Declaration. If Williams Creek is no longer a Class B member., any such guideline or
standard ma)T be appealed to the Board of Directors \vhich may terminate or modify such
guideline or standard b)T a t,vo-thirds (2/3) vote of the Directors then serving.
12. Rasements.
(a) Plat Rasements. In addition to such easements as are created elsewhere in this
Declaration and as may be created by Williams Creek pursuant to written instruments
recorded in the Office of the Recorder of Hamilton County, Indiana, Lots are subject to
drainage easements, se\ver easements, utility easements and lake maintenance access
easements, either separately or in any combination thereof, as shown on the Plat, \vhich are
reserved for the use of Owners, public utilities companies and governmental agencies as
follo\vs:
(1) Orainaee Fasements. (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 The Woods at Williams Creek and adjoilling ground and/or
public drainage systems; and it shall be the individual responsibility of each O,vner to
maintain the drainage across his own Lot. Under no circumstances 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 flo\v. 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 Williams Creek, and b)T the Architectural Review Board, but
neither Williams Creek nor the Architectural Review Board shall have any duty to
undertake any such construction or reconstruction. In the event Williams Creek or
the Architectural Revie\v Board undertakes any such construction or reconstruction.
its obligations to restore the affected real estate after any such construction or
1R
reconstruction shall be limited to regrading and reseeding. Under no circumstances
shall Williams Creek be liable for any damage or destruction to any fences., structures,
or other improvements which are damaged, destroyed or remodeled by Williams
Creek., or its agents or employees as a result of such construction or reconstruction.
Said easements are for the mutual use and benefit of the O"vners~
(2) Se\ver Easements. (SE) are created for the use of the local government
agency having jurisdiction over any storm and sanitary \vaste disposal system \vhich
may be designed to serve The Woods at Williams Creek for the purpose of installation
and maintenance of sewers that are a part of said system~
(3) IJtility Easements. (VE) are created for the use of Williams Creek., the
NP Corp. 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;
(4) T Jake Maintenance Access Rasements. (LMAE) are created for the use
of Williams Creek, the NP Corp., the Drainage Board and the Clay To\vnship
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.
13. Nature C:onservation Zone. The Nature Conservation Zone C."Zone~') as
depicted on the Plat, is designed to enhance preservation of the trees in accordance \,~ith the
terms of the Trees Preservation Plan dated April 18, 2001 ("Plan"). Such Plan is
incorporated herein b)T reference and attached hereto as Exhibit C.
Williams Creek and/or any Owner shall not take any action nor permit any
individual or entity to take any action that could or would disturb the natural state of the
Zone. This shall not prevent an Owner from taking actions and measures to preserve and
maintain the trees located in the Zone or generally maintaining the Zone in a healthy and
safe condition; including, but not limited to, the removal of dead, decayed or dangerous
trees or vegetation to prevent hazard or prevent the threat of fire. The follo\ving actions
and activities shall be specifically prohibited in the Zone:
(a) the dumping or other disposal of trash, garbage or other refuse of allY type
\vhatsoever in or on the Zone;
(b) earth moving or grading or filling; and
(c) the cutting or clearing of timber or trees, or intentional burning except as
determined to be necessary by the NP Corp. to control or prevent hazard, disease or fire~
17
Notwithstanding the above provisions, Williams Creek reserves the right to install
erosion control structures or devices in the Zone and to enter into and on the Zone to
remove dead, decayed or dangerous trees or vegetation or to prevent hazard, or the threat
of fire or to comply with the requirements of the Hamilton County Drainage Board.
The NP Corp. shall enforce the provisions of this Paragraph 13. Such enforcement
rights shall include the right to enter into and on the Zone in order to monitor compliance
with and enforce the terms of this Paragraph 13, including the right to repair any damage
to the Zone~ Any Owner that violates the provisions of this Paragraph 13 shall reimburse
the NP Corp. for the costs incurred by the NP Corp.: (a) to enforce the provisions of this
Paragraph 13, including but not limited to, reasonable attorney fees; and (b) to repair any
damage to the Zone, including the replacement of any destroyed or damaged trees or
vegetation. This reimbursement amount shall be deemed to be a special assessment to be
paid and collected in accordance with the provisions of Paragraph 10(c).
In addition, Williams Creek shall have the right to remove all foundations and/or
barns, silos, etc. (including trash and debris) from the Zone.
14. Rnforcement. The NP Corp., any Owner or Williams Creek 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 Williams Creek nor the NP Corp. 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 Williams Creek, the NP Corp. 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.
15. Amendments.
(a) (;ener~l1y. This Declaration may be amended at any time by an instrument
signed by both:
(1) the appropriate officers of the NP Corp. acting pursuant to the
authority granted by not less than two-thirds (2/3) of the votes of the Class .(~
members cast at a meeting duly called for the purpose of amending this
Declaration; and
(2) Williams Creek, so long as Williams Creek still owns at least one (1)
Lot;
1~
(b) By Oecl}lr}lnt. Williams Creek hereby reserves the right unilaterally to amend
and revise the standards., covenants and restrictions contained in this Declaration during the
period prior to its sale of all the Lots. Such amendments shall be in \vriting, executed by
Williams Creek, and recorded \vith the Recorder of Hamilton County., Indiana. Williams
Creek shall give notice in writing to such Owners and Mortgagees of any amendments.
Williams Creek 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 \vhich \Villiams Creek has
previously ~onveyed \vithout the consent of the O\vner of such Lot~
(c) Rffective D}lte. Any amendment shall become effective upon its recordation in
the office of the Recorder of Hamilton County, Indiana.
16. Tnterpret}ltion. 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
\vhenever 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.
17. Duration. The foregoing covenants and restrictions are for the mutual benefit
and protection of the present and future Owners., the NP Corp.., and Williams Creek., and
shall run \vith the land and be binding on all parties and all Persons claiming under thel11
until 2025, at \vhich time said covenants and restrictions shall be automatically extended for
successive periods of ten (10) years, unless changed in whole or in part by vote of those
Persons \vho are then the Owners of a majority of the Lots in the Real Estate.
18. Sever}lhility. Everyone of the Restrictions is hereby declared to be
independent of, and severable from, the rest of the Restrictions and of and from every other
one of the Restrictions, and of and from every combination of the Restrictions. Therefore., if
any of the Restrictions shall be held to be invalid or to be unenforceable, or to lack the quality
of running with the land, that holding shall be without effect upon the validity, enforceability
or "running" quality of any other one of the Restrictions.
19. Non-T j}lhility of Willi}lms Creek. Williams Creek shall not have any liability
to an O\vner or to any other Person \vith respect to drainage on" over or under a Lot or \\'ith
respect to the completion of the Residence in accordance \vith the Lot Development Plan's
specifications. Such drainage shall be the responsibilit)' of the O\vner of the Lot upon \vhich
a Residence is constructed and of the builder of such Residence" and an O\"ner., by an
acceptance of a deed to a Lot, shall be deemed to agree to indemnify and hold ""illiams Creek
free and harmless from and against any and all liability arising from, related to, or in
connection with drainage on, over and under the Lot described in such deed. Williams Creek
shall have no duties, obligations or liabilities hereunder except such as are expressly assumed
by Williams Creek, and no duty of, or warranty by, Williams Creek shall be implied by or
1q
inferred from any term or provision of this Declaration.
20. Del}]}' in Construction of Resid~nce. Unless a delay is caused by strikes., war.,
court injunction, or acts of God., the Owner of any Lot (which on the date of purchase is not
improved with a Residence) shall commence construction of a Residence upon the Lot within
two (2) years from the date the Owner acquired title thereto and shall complete construction
of such Residence within one (1) year after the date of commencement of the building process.,
but in no event later than three (3) years after the date the Owner acquired title to the Lot
unless such. Lot is adjacent to a Lot upon which the Owner has constructed a Residence in
which such Owner permanently resides. If the O\vner fails to commence or complete
construction of a Residence within the time periods specified herein, or if the Owner should,
without Williams Creek's written approval, sell, contract to sell, convey, or otherwise dispose
of, or attempt to sell, conveyor other\vise dispose of the Lot before completion of construction
of a Residence on the Lot, then, in any of such events., Williams Creek may:
(i) re-enter the Lot and divest the Owner of title thereto by tendering to the
O\vner or to the Clerk of the Circuit Court of Hamilton County the Jesser of (a) the same net
dollar amount as \vas received by Williams Creek from such O\vner as consideration for the
conveyance by Williams Creek of the 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 or (b) the then fair market value of the Lot., 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;
(ii) obtain injunctive relief to force the Owner to proceed \vith construction of a
Residence per the terms of a Lot Development Plan which has been approved by the
Architectural Re\rie\v Board upon application by such Owner; or
(iii) pursue such other remedies at la\v or in equity that may be available to
Williams Creek.
The failure of the Owner of a Lot to apply for approval of, or receive approval from,
the Architectural Review Board of a Lot Development Plan shall not relieve such O\vner
from his obligation to commence and complete construction of a Residence upon the Lot
within the time periods specified herein. For the purposes of this paragraph (20),
construction of a Residence will be deemed "completed" when the exterior of the Residence
(including but not limited to the foundation, walls, roof, windo\vs., entry doors, gutters"
downspouts, exterior trim, paved driveway and landscaping) has been completed in
conformity with the Lot Development Plan.
IN TESTIMONY WHEREOF, \vitness the signature of Williams Creek as of the date
set forth above.
?n