HomeMy WebLinkAboutSecondary Plat - Section 1SECONDARNY
WAT"t RWOOD
COMMISSION'S CERTIFICATE
,UNDER AUTHORITY PROVIDED BY ACTS OF 1981,P.L. 309, SEC, 23, AS AMENDED BY
ACTS OF 1982, P.L. 211, ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
INDIANA, AND ALL ACTS AMENDATORY AND SUPPLEMENTARY THERETO, AND AN ORDINANCE
ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS PLAT WAS
GIVEN APPROVAL BY THE CITY OF CARMEL, AS FOLLOWS:
AD OPO 8 THE CARMEL/CLAY PLAN CONMISION AT A MEETING HELD
1993
CARMEL/ IY CO SON
' fr
BY:
DAViD CUNNAPADIRECTOR
DEPARTMENT OPFCOMMUNITY DEVELOPMENT
CARMEL, INDIANA
BOARD OF COMMISSIONERS OF THE COUNTY OF HAMILTON
BOARD OF COUNTY COMMISSIONER'S CERTIFICATE
UNDER AUTHORITY PROVIDED BY ACTS OF 1981, ENACTED BY THE GENERAL ASSEMBLY OF
THE STATE OF INDIANA, AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO, THIS
PLAT WAS GIVEN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF HAMILTON
COUNTY, INOIANA,AT A MEETING HELD
1993.
BOARD OF COMMISSIONERS OF THE COUNTY OF,,AAMILJON
COMMISSIONER �� ��� ✓`/t
STEVE HOLT
COMMISSIONER L tCARRS
��
COMMISSIONER
ATTEST
J0N LE
HAMILTON COUNTY AUDITOR
,The portion of real estate included In this plot is also subject to
covenants and restrictions contained, in the Declaration of Covenants
and,Reatrictions of WaterWood of Carmel recorded as Instrument number
406886 on Fib 2 4 . , it the Office of the
Recorder of Hamilton County. t
Owner and Subdivider: CENTEX HOMES
8555 NORTH RIVER ROAD, SUITE 100
INDIANAPOLIS, INDIANA 46240
(31T)574-6950
Witness my signature this 151 day of Soo e-m6ty 1993.
i
gy: !!!
r
REX GORDON
President, Centex Homes
STATE OF INDIANA I
I SS:
COUNTY OF MARION I
Before me, a Notary Public in and for sold County and State,
personally appeored REX GORDON and acknowledged execution of this
Instrument as his voluntary act and deed for the uses and purposes
therein expressed as the President of, and for and on behalf of
Centex Homes. �
Witness my signature and Notoriai Seat this J,3 74- day o�Js'1993.
`,rrrrrr►►r►�yi
10
Hy�m Conission{Expires: tJ ; • `` •+ ^'�'. Notary Public
S1.,
/� ? , --.:' ale,
County of Residence 1�. 1•"'•"'t p 10:11, Printed Nome
Source of Title., Instr.
PLAT FOR
OF CARMEIJ
34
ill
C01l1CtT "A"33 •� �.... ~'�
>� 75
is
1t 20 21 22 23 21
25 26 27 21
14
AMR 1.uc wt
*�
3s sT
t 10
13 i2 I7 f
7
`
6 40
4 12
COMgM AREA 'A'
3 43
44
T Y 45
rrM truer
LEGEND
BSL = BUILDING SETBACK LINE
N.A.E. = NON ACCESS EASEMENT
D. E. = DRAINAGE EASEMENT
U. E. = UTILITY EASEMENT
U. & D.E. = UTILITY & DRAINAGE EASEMENT
[� = STREET ADDRESS
= MONUMENT - 4' x .4" x 36" Stone,
Precast Cone., or
Poured in Piece Cone.
O : STREET MARKER - 1/2' dia. x 24'
Bross, Iron, or
Steel Pin.
S.E. = SIGNAGE EASEMENT
L.M.E. = LAKE MAINTENANCE EASEMENT
NOTE,
,MARKERS SHALL BE PLACED AT ALL PROPERTY
CORNERS ANO ALL ANGLES IN PROPERTY LINES
NOT ESTABLISHEO BY A MOM MENT. MARKERS
,
Ford 1; }
GO
WATERWOOD OF CARMEL, SECTION 1
LAND DESCRIPTION
A part of the Northeast Quarter of Section 2, Township 17 North, Range
3 East, located in Clay Township, Hamilton County, Indiana, being more
specifically described as follows:
Beginning at the Southeast corner of the Southeast Quarter of said
Northeast Quarter; thence South 88'26'00' West (assumed bearing), on and
along the South line of said Quarter-Ouarter Section, a distance of 720.28
feet to the Southeast comer of land described In a deed to Thomas Meyer,
recorded In Deed Book 356, pages 95-96, In the office of the Recorder of
Hamilton County, Indiana; thence on and along the East and North lines
and the extension of the North line of said land the following two (2) courses:
(1) North 00'28'57 West, parallel with the East line of said Quarter Ouarter
Section, a distance of 400.00 feet; (2) thence South 88°26'00' West, parallel
with the South line of said Quarter -Quarter Section, a distance of 220.00 feet;
thence North 76'09'20' West 40.78 feet; thence South 88'37'10' West 120AS
feet; thence North 01'22'50' West 115.00 feet; ther:�e South 88°3710' West
248.58 feet to a point on the West line of said Quarter-Ouarter Section;
thence North 00°20'27 West, on and along the West line of said Quarter -
Quarter Section, a distance of 302.09 feet; thence North 89°39'38' East
175.00 feet; thence South OCr2O'22' East 78.39 feet; thence North 88'48'55'
East 265.01 feet; thence North 87°38'43' East 67,15 feet; thence North
79°17'18' East 68.73 feet; thence North 76°42'17' East 180.00 feet; thence
North 81'06'41' East 54.92 feet; thence South 85'07'15' East 50.94 feet;
thence South 71'30'4r East 50.94 feet; thence South 58°13'47' East 52.47
feet: thence South ST54'00' East 50.91 feet; thence North 4TO4'24' East
160.00 feet to a point on a non -tangent curve concave Southwesterly, having
a central angle of 02°49'21' end a radius of 275.00 toot; thence
Southeasterly along said curve an arc distance of 13.55 feet (said arc being
subtended by a chord having a bearing of South 3T30'55' East and a length
of 13,55 feet); thence North 51.53'45' East 39.63 feet; thence North 89"22'34'
East 200.80 feet to a point on the East line of said Northeast Quarter; thence
on and along said East line South 00°28'52' East 826.56 feet to the Point of
Beginning, containing 17.71 acres, more or less; subject to rights -of -way,
restrictions and easements.
This subdivision consists of 45 lots numbered i thru 45 both inclusive,
and streets as shown hereon. The size of lots and widths of streets
are shown on this plot by figures denoting feet and decimal parts
thereof.
���rrrnr►►►►►�i
:tit N0. °'•�
890003
s 1+ STATE OF �•
Certified
T_N
This / O day of SaPrE-oW4?Z,e , 1993
Y
Jeffrey ey r ose
Registered Lan Survey 890003 - Indi
SHALL BE 5/8' die, x 36 STEEL P 1PES - j_
OR STEEL W.
.:..° ..,Y o �E
I1a
Lo M DOCUM6zit i o.
049 ' 2 1 140.80'
FUTURE DEVELOPMENT R = 2275. 00' .11� 240' GREEN BELT 60.00,
30 1 D.E.
T = 6. 77' --- - - - - - - - - - L = 1 3. 55 40' B.S. L.
54. Ch = 13. 55'
030'55"W \�? P
sq Brg = N 39"30'55"W
00 34
(15331 SIFT
1 00 60' 1/2 R/
33
R 89 40'44'w (780ISFT) \
COMMON AREA 'B" 42, 23, 35
(53860 SIFT) (8153 SIFT) of N
V cs
0 1 1 �l
NJ I
32
N 85'53'25'W
30 ;o 31 (10221 SIFT)
29 ci (6091 SIFT)
(6691 SIFT) x 36
28 2' __
(6922 SIFT)
?> :: 25, - (9271 SFT
2:
j (7321 SIFT) �2 1
27 79.70,
�7729 SFT) 17 - 25
7;, 10 k - - - - -
fo - - - - - - - - - - 72.01,
1099 va 03 s 79.3 171
60.26 ,
is, U.& D.E. 50.80, 10718" N 82-45,52.W
w r 107.
4 41' s 9.
25.21, 25' so, 59,
13.
Curve W 77
37
38 cz
ce 1� 39 (8207 SFT) a(04 SFT)
("ISFT)
x N, 59.4V3AgAY 1
lq'41' B5.0WE
01 0
15-W
a.,
40
(7499 SFT)
8834 SFT)
s 88'26'00'w COMMON AREA A
s 8?W08"'J 115.40 N (165266 SFT)
IRREG. D. E.
IRREG. L.M.E.
5 (6924 SFT)
(7898 SMIA
cl
s 88°26,001W
J 15, 40 �
134.72'
42
4 (6924 SFT)
(8268 SFT) 4 9
s
S 89'31'08*W
140.89'
3 43
(
(8608 SFT) 6883 SFT)
S 89*31'08*W s 88*26100,v 60, V2 R/W
5 115. Dr.'
- 144.98'
44
2 (690ISFT)
WOO SFT)
JJ1 S 88*26'00"W
S *31 '08'W 115.02' 0 60, 120
L145,00
(9902,SFT)
Q677 SFT) N
40' B-S-L- 'Im
20*g-F",
- - - -E.
- - - - - - - - - - -
40' D.E. - - - - - - - - - - - - - - - - - - - - - - - --
- ELT/,f
D
7 E. 20' GREEN BELT
20, GREEN BWELT t
V 1, 7 :1-1-P O�
V ZO' 1). E. _Tlf 20, U
0 -0
% A&.
P n A
SECONDARY
PLAT
FOR
WATEIRWOOD
OF
CAIRMEL
-SECTION
I
rri
WATERWOOD OF CARMEL
SECTION I
CURVE DATA
CURVE
DELTA
RADIUS
TANGENT
LENGTH
CHORD
BEARING
B
45024'39"
400.00
167.37
317.03
308.79
S 77047104u W
BI
44*53'30"
375.00
154.91
293.81
286.36
S 78'02'39' W
B2
45024'39'
425.00
177.83
336.84
328.09
S 77047'040 W
c
65'01'40'
150.00
137.52
222.60
202.73
S 48052)00' E�
Cl
50*09'16*
150.00
70. 19
131.30
127.15
S 66018'12' E
C2
34052'24"
150.00
47.11
91.30
89.90
S 23047'22' E
C3
85*01'40"
125.00
114.60
185.50
168.94
N 48052'00' W
C4
38005'28'
175:00
60.41
116.34
114.21
N 72*20'06' W
CS
20*09'06'
175.00
31, 10
61.55
61.23
N 16'25'44" W
E
40026'43"
250.00
92.09
176. 48
172.84
N 20042'14" W!
Ell
40026'43'
225.00
82.89
158.83
155.55
N 20'42'14 4 wt
E2
37'37'23'
275.00
93.68
180.58
177.35
N 19017'33 W�
j
79*01'44"
20.00
16.50
27.59
25.45
N 39'59'44' W'
K
100058'16'
20.00
24.25
35.25
30.86
N 50000'16' E
fl
L
82006'11'
20.00
17.42
28.66
26.27
S 14*32'48" W
YJ
m
72013'34"
20.00
14.59
25.21
23.58
S 89024'09' E
taj
N
91'02'28'
20.00
20.37
31.78
28.54
S 45*51'36' E
R
88*57'32"
20.00
19.64
31.05
28.03
N 44008'244 E
T
05*52'18'
500.00
25.64
51.24
51.22
S 03*25'01' E
w
(D
LO
00
C14
o
tn
CL
ti
W CV
I- P I
LEGEND
BSL =
BUILDING SETBACK LINE
U. & D. E.
= UTILITY & DRAINAGE EASEMENT
L \ . M. E.
= LAKE MAINTENANCE EASEMENT
F -I000
= STREET ADDRESS
U.E.
= UTILITY EASEMENT
D. E.
= DRAINAGE EASEMENT
N. A. E.
= NONACCESS EASEMENT
S.E.
= SIGNAGE EASEMENT
"*<cl 0.0
No.
890003
PREPARED BY
STEVE E BOUROUEIN
STATE OF MSE Corporation
550,25' 1-5 .0 1.
111th STREET 00, < 4 941 NORTH MERIDIAN STREET
.4a
170.03' S 88026'00'w 720.28, 3/4REBAR FOUND 0 U RWI%/ I ND I ANAPOL I S, I N 46204-106
S.E. CORNER, N.E.1/4, 317 634-1000
SOUTH LINE N.E.1/4, SECTION 2, T-17-N, R-3-E 317 634-3576 FAX
SECTION 2, T-17-N, R-3-E DATE: r 1993 Job No.: I11_0590 Shoot No.;2 of 't
DGN: 0590SPIA PRF: 0590SPIA
7
! I
125.00
50.+00
1
!
17
!
lo,
I (7344 SFT) I
N4.92
FUTURE DEVELOPMENT
50.94'
1= I
! O
N M
t }7�'w
T6°A
t80.
!I
N 89°39'38'E di I!
50' R/W
m
i !
d,
125.00 -
NI
I
7
! !
) 6
1
I
S 88°48'55'W 265.01' ° 8'4 'M
68?13'
!
I (7344 SFT) I
��
i 9.46
155.55 67.15'
(
I
(7142 SFT)
N
IRREGG L.M.E.
COMMON AREA B
w !
N 89°39'38'E
12�5�.00
°N
53860 SFT)
UviD
15
to
cli0
439 1'2'E '54.69` S 88°37'10'Y S 88°37'10'v
60N
N 88°50'S7"v
S 8447+y
N 84°6653 2ti}
f
(7344 SFT)
ct�
o
N 88°48`55°E
99.85
5102,1 65.01 60.01
. I
60.02'
6000
"(
14'
5°53'60.O1'
N 825"t 5
.33
60. 17, 1
1 !
! I
I N 89°39'38'E
1
I'
!
16 -!
i !
i ! 28
N
! !
! "V
'O
°^` (
I
16
22
21 2" 2� ! MN
2�
21
J
m ! r!
14
{ 7 i
C9254 SFT)
! t)
! -
jq
S
!
t
19
I
{10418 SFT)
!P - 1 {1151 SFT) -."N
- {6442 SFT) � C7150 SFT) ! a q
! Z3
n - a ! 0 o
��
24 ^`-
r
C6412 SFT)
M !w Wi{7321 SFT)
a 26 'ti �!
°o ^ 27 0
w
to
w o
i
0
o o o {6601 SFT) 8 -
o - !
a a
C6522 SFT) o -
o !� �. ,!
o i6597 SFT) � a
!. !
tq7729 SFT) ,
Lei!
N
i-----�
!
I
!
I--25'
---- --- '— �25;&SL. — — — —
--
— — —
---
------.-_--
(-----
'i
------------ 20'U.&D.E.- L- --' - --- - - - --- -
15' U. & D.E.
-- ------------
15' U. & D. E.
� z / �
15' U.8 D.E.
t05 8
�•
e
c 6.
e
79.33'
60.Ot + 65,01' 65.01'
60.01'
42.40' 17.62' ! '(� E•
\
�Jt°
I
°y„
50. 01 '
62 4J' !
2' 69`b
z
Q
a ssan3T1o�t1
tso.oz`
BURR
-
0AK DR. S 88°3T'tO'H 47L62'
_
-- - -—-—-—-—
—627.54'
-—-—-—-—
-—--�----.--�•..
2. 1 z
32' �4.41'
O
o-----
o --------
- -----_.._----
—
o
/
0
25.2i' /
Curve "H'
248.58'
60.00, 60.17, S9.99 60.00 60.00
60.00'
19.36'
'3O•
1i-
S 88037'IOHN
15'U'E. &D.E---------- 15'U&D_6--
--------------r--T-----
9
Z
:
C�
5
25'&s.l.
! J
ON
13C�
7
(6900 SFT)(7331 SFT) (7521 SFT)
N C75FT)
t7510 SFT)
t9555
SFT)
a �N
O (6918 SFT) 1� — Ui C—J sn cn
Vr
N O fi ,,
m
m---
i
t
ao
1 �_`-'t-40'B.S.L. ---- ----m
40'B—S.L_—
wits
h�ao � � m
0
-'--
-- I , 1
t5'DE. yr (- -_._-___ .-_-.---
1 20' GREEN BELT
-'--------
! s s
! ( 4 _
S 88-37-10-W 120.15' .64' 60.00, 60.00'
N 'S°a9'2a°V
19
! I (8834S FT) 1
s 88"26'00'W
220.00'
THOMAS MEYER
BOOK 356, PAGES 95-96
4
V
V O
r:
N
S.W. CORNER S.E.1/4, N.E.I/4
SECTION 2, T-17-N, R-3-E
111th STREET
\� SOUTH LINE N.E.I/4, SECO DA"Y PLAT FOR
SECTION 2, T-17-N, R-3-E AP�.WO��AlF CA" M e
SETION I
F.C. a' Slk :� 1 , 3 S��
�1
'
oml"
1
LEGEND
tJ
! j
1
BSL
= BUILDING SETBACK LINE
! sae°3t'oa°v
U. & D. E.
= UTILITY & DRAINAGE EASEMENT
J
, I
L.M.E.
= LAKE MAINTENANCE EASEMENT
17898 SFT)
1
i000
= STREET ADDRESS
W
0 ' N
z
!
U. E.
= UTILITY EASEMENT
D. E.
= DRAINAGE EASEMENT
!1 S 89°31'08'st
1
N. A. E.
= NONACCESS EASEMENT
134. T2'
1
!wl i
1
S.E.
= SIGNAGE EASEMENT
(8268 SFT)
i
! I S 89'31'08'Y
' 1
! 140, 89
'
!
1
(
!II 3
1 N
1
o
i 3 i 186M SFT)
+ w A
'
f
o
!
t4 tg
°1
cv
!=5,
!
��o
1 S 89*311081V
y�
i� l
_
�'�� •*•' •,
144.98
1 j I
! 2
� ! w
-
�%
�
V)
�},r+�C.+.•��GISTEg���`��p
No. s •�• •.
a ;
0
3 s IN (8700 SFT)
I! -
I
Ld
w
• t
890003cli
(�
�+�
`Zo
i i )�
I ; '
I
;� STATE OF
S 89°31'08'N
'00o /
*i�
��il� O
1 145, 00
!\ +
so
M�
y W I 02677 SFT)
N I � n�
E-
c
L40' B.S.L.
Ico
�—
" J
O
C),
20' GREEN BELT
20` U. E.,
t t5.03"�Og�G• 2'
N. A;_E. ��°�
+
PREPARED BY
STEVE E BOUROUEIN
111th STREET
i
� �� �ll a
170.03'
SECTION 2, T-17-N, R-3-E
�cOou ung
MSE Corporation
941 NORTH MIERIDIAN STREET
INDIANAPOLIS, IN 46204-1061
317 634-1000
317 634-3576 FAX
Job No.: l l 1- 0590 Sheet Noa 3 of I/
ta, t
N". 4 I €t 4 q x d #r-q 4 y"
�.
;%I
R _ C" DES n . �6
S q d''}}
P.C.No. E o.
PLAT COVENANTS
The undersigned, Centex Homes Company, an Indiana General
Partnership ("Developer"), owner of all the Real Estate shown and
described herein, hereby certifies that it has laid off, platted
and subdivided, and does hereby lay off, plat and subdivide said
real estate in accordance with this plat and certificate. This
subdivision shall be known and designated as Waterwood of Carmel,
an addition in Hamilton County, Indiana. In addition to the
covenants and restrictions herein set forth and contained in this
plat, the real estate described in this plat is also subject to
certain additional covenants and restrictions contained in that
certain Declaration of Covenants and Restrictions of Waterwood of
Carmel, recorded on the day of February, 1994, as
Instrument NO, in the office of the
Recorder of Hamilton County, Indiana (the "Declaration"), and to
the rights, powers, duties and obligations of the Waterwood of
Carmel Homeowners Association, Inc., ( the "Homeowners
Association") as set forth in the Declaration. If there is any
irreconcilable conflict between any of the covenants and
restrictions contained in this plat and any of the covenants and
restrictions contained in the Declaration, the conflicting covenant
or restriction contained in this plat shall govern and !control to
the extent only of the irreconcilable conflict, it being the intent
hereof that all such covenants and restrictions shall be applicable
to said real estate to the greatest extent possible. All of the
terms, provisions, covenants, conditions and restrictions contained
in the Declaration are hereby incorporated herein by reference. In
order to provide adequate protection to all present and future
owners of lots in this subdivision, the following covenants,
restrictions and limitations, in addition to those set forth in the
Declaration, are hereby imposed upon and shall run with the land
included in this subdivision and shall be binding"' upon the
Developer and anyone at anytime owning any part or portion of such
land.
I. All streets shown on this plat, and not heretofore dedicated,
are hereby dedicated to the public.
2. Front and rear yard building setback lines, designated as
B.S.L., are hereby established as shown on this plat, between which
lines and the property lines of the adjacent streets, there shall
not be erected or maintained any building or structure.,
3. There are strips of ground as shown on the within plat marked
"Utility Easement" or "U.E.", strips of ground marked "Drainage
Easement" or "D.E.", areas designated as "Lake Maintenance
Easement" or "L.M.E.", either separately or in any combination of
the same. Such strips of ground and areas are hereby subjected to
easements, which are hereby created and reserved, for the use of
the public utility companies, governmental agencies, Indianapolis
Water Company, Declarant and the "Homeowners Association"
(hereinafter defined), as follows:
(A) "Utility Easements", or "U.E.'s", are created for the use
of all public utility companies, including cable television
companies, but not including transportation companies, for the
installation and maintenance of mains, ducts, poles, lines, wires,
drains, pipes and other utility installations for the purpose of
furnishing utility services; such Utility Easements may also be
used for all purposes for which Drainage Easements and Sanitary
Sewer Easements may be used hereunder;
(B) "Drainage Easements", "D.E.'s", are created to provide
paths and courses and a system for natural area and local storm
drainage, either overland or in appropriate underground
installations, to serve the needs of this and adjoining ground and
the public drainage system; the owners of all lots are and shall be
required to keep any areas of their lots designed for the natural
flow of water will be unimpeded, and any improvements made on or
under any such easements by the owner are and shall be at the risk
of the property owner; such Drainage Easements may also be used for
all purposes for which Utility Easements and Sanitary Sewer
Easements may be used hereunder;
(C) "Lake Maintenance Easements", or "L.M.E.'s", are created
for the specific purpose of accessing and permanently maintaining
the lakes and ponds within areas designated as Common Area, such
lakes and ponds having been created for drainage and aesthetic
purposes. All necessary maintenance shall be the obligation of the
Homeowners Association.
(D) "Non -Access Easements", or "'N.A.E.'s", are created for
the specific purpose of restricting access to residential lots from
existing public streets. No driveways or access, either permanent
or temporary, will be permitted across designated non -access
easements.
(E) "Signage Easements", or "S.E.'s", are created and
reserved for the use and benefit of Declarant and the Homeowners
Association for the installation, construction, maintenance,
repair, reconstruction and replacement of earthen mounds,
plantings, walls, fences, entryways, columns, landscape irrigation
systems, accent lighting systems, street lights, subdivision
identification signs and other items.
(F) "Landscape Easements", or "L.E.'s", are created and
reserved for the use and benefit of Declarant and the Homeowners
Association for the preservation and augmentation of existing trees
and vegetation.
(G) "Green Belts" are created for the preservation
augmentation of trees and other vegetation so as to provide a
buffering effect from the adjacent real estate. It is primarily
intended that the Green Belt will be cared for and maintained in
good condition by the respective Lot Owners. However, in the event
a Lot Owner defaults and fails in this obligation, the Homeowners
Association is empowered to intervene and cause appropriate
maintenance to be performed. Maintenance work must be
competitively priced and shall be assessed against the appropriate
Lot Owner in a manner consistent with the Declaration of Covenants
and Restrictions of Waterwood of Carmel.
All of the foregoing easements shall be deemed to include the
necessary rights of ingress and egress in, along, across and
through the same to permit the beneficial use and enjoyment thereof
for their intended purposes. The owners of all lots in this
subdivision shall take and hold title to their lots subject to all
of the foregoing easements, to the rights of the public utility
companies, governmental agencies, Indianapolis Water Company,
Declarant and the Homeowners Association therein, and to the
jurisdiction of the proper governmental authorities. No permanent
or other structures shall be erected or maintained on any of the
foregoing easements, except for walls, fences, driveways, walkways
and other installation which are specifically permitted hereunder,
including, as to Landscape Easements, any installations which are
permitted hereunder to be located in such Landscape Easements; any
walls, fences, driveways, walkways and other installations erected
and maintained on any of the foregoing easements shall be at the
risk of the party erecting and maintaining the same and subject to
the rights and easements herein and hereby created.
4. The use of all lots in this subdivision shall be in accordance
with the applicable Zoning Ordinances of the Carmel/Clay Plan
Commission.
5. No lots shall hereafter be subdivided or resubdivided into
parcels so as to create additional residential lots greater than
the number of lots shown hereon.
6. No sign or billboard, except professional signs or "FOR SALE"
signs erected by a builder or duly licensed real estate broker,
shall be erected or placed on any lot in this subdivision, and no
barn, stable or other outbuilding housing domestic animals or
poultry, except household pets, shall be erected thereon. However,
this restriction shall not be deemed, construed or interpreted to
prevent, preclude or restrict any structures, including signs,
erected or maintained by the Declarant or the Homeowners
Association in any Landscape Easement shown on this plat.
7. No trailer, tent, basement, garage or other outbuilding
erected on any lot in this subdivision shall at anytime be used as
a residence, temporarily or permanently, nor shall any building of
a temporary character be erected.
8. No fence, wall, hedge, tree 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 right-of-way lines
and a line connecting points twenty-five (25) feet from the
intersection of said street lines or, in the case of a rounded
property corner, from the intersection of the street right-of-way
lines extended. The same sight line limitations shall apply to any
lot within ten (10) feet of the intersection of a street right-of-
way line with the edge of the driveway pavement or alley line. No
trees 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. No driveway
shall be located within forty-five (45) feet of the intersection of
two street lines. In addition, no fence shall be erected nearer
the front lot line of a lot than the front line of the principal
residence erected on such lot, and fences shall be no more than six
(6) feet in height; provided, however, that a shrub growth or
hedge, not to exceed four (4) feet in height or fifteen (15) feet
in length, may be installed in front of the front line of such
principal residence.
9. Nuisances: No noxious or offensive trade shall be carried on
upon any lot in this subdivision nor shall anything be done thereon
which shall be or become a nuisance to the neighborhood.
10. It shall be the responsibility of the Homeowners Association
to protect and perpetually maintain the public street lights in the
subdivision. In the event the public street lights should become
permanently inactive, it shall become the responsibility of the
owners of each lot in the subdivision to erect and maintain an
automatic "dusk to dawn" type of light in their front yard. All
such lights shall be of the same design, in accordance with a
standard yard light design prepared by the "Architectural
Committee" as defined by the Declaration of Covenants and
Restrictions of Waterwood of Carmel.
11. The minimum enclosed and finished liveable area (exclusive of
open porches and garages, which shall not be included in the
liveable area) shall be not less than twelve hundred (1200) square
feet. Each house shall be furnished with an attached garage for a
minimum of two (2) cars. Each driveway will have sufficient area
to park two (2) cars off street.
12. All houses and garages shall be provided with hard -surfaced
driveways, which shall be installed by the builder concurrently
with the original construction of the house, and which shall be
available for use not later than the date of initial occupancy of
such house. Further, it shall be the obligation and responsibility
of the owner of each lot to install, or cause his builder to
install, sidewalks in accordance with the requirements and
standards of the City of Carmel.
13. The front yard of all homes must be landscaped, and plans for
all landscaping that will be visible from the street must be
submitted to and approved by the Architectural Committee. All
front yard landscaping shall be installed by the builder con-
currently with the oriqinal construction of,the principal residence
on each lot, and shall be installed not later than the date of
initial occupancy of such residence; provided, however, that if
such construction is completed or such initial occupancy occurs
between October 1 of any year and March 31 next following, the
installation of such landscaping may be delayed but shall, in any
event, be completed not later than the following June 31. All
improved lots shall be kept mowed, free of weeds and refuse, and
any landscaping thereon (such as trees and bushes) shall be kept
trimmed and pruned by the owners of such lots. All unimproved lots
shall be kept mowed and free of refuse by the owner thereof.
14. Each residence shall be provided with a mailbox to be
furnished and installed by the builder concurrently with the
original construction of the principal residence on each lot, and
prior to the date of initial occupancy of such residence. All
mailboxes shall be of the same design, in accordance with a
standard mailbox design prepared by the Architectural Committee.
Unless specific written approval is given by the Architectural
Committee, no names, designs or other ornamentation shall be placed
on any mailboxes or their supporting posts or structures other than
street address numbers.
15. The owner of each lot shall at all times be required to
maintain his lot and the exterior integrity and appearance of all
structures and improvements on his lot in such a manner as to
prevent his lot, and structures and improvements thereon, from
becoming unsightly and, specifically, such owner shall re -paint or
re -stain any surfaces of improvements or structures where such
surface color is faded or is flaking or peeling away from the
improvement or structure.
16. The placement on any lot of swimming pools, hot tubs or like
facilities must be approved in writing by the Architectural
Committee, and no above -ground swimming pools will be allowed or
permitted.
17. No exposed television, radio or other antennas (including,
without limitation, satellite receiving dishes) shall be allowed or
permitted on the exterior of any building or on any lot without the
specific written approval of the Architectural Committee.
18. Except for operable, duly registered and licensed automobiles
for which there is not available room in an owner's garage, all
vehicles located or placed on a lot (including, without limitation,
automobiles, vans, trucks, campers, motorcycles, motorhomes, boats
and trailers) shall be placed and stored out of view from the
street and from adjoining lots.
19. No clothes, sheets, blankets, laundry of any kind, or other
articles shall be placed, located or hung out on a lot so as to be
visible from outside such lot.
20. All household pets otherwise permitted hereunder shall be kept
on a leash when not within the confines of the lot of the owner of
such pet. Owners shall be required to control their pets so that
they are not, and do not become, a nuisance to the neighborhood,
including, without limitation, noise produced by such pets. Owners
are not to allow their pets to relieve themselves other than on the
lot owned by the owners of such pets.
21. The within covenants, limitations and restrictions are to run
with the land and shall be binding on all parties and persons
claiming under them so long as they remain in effect in accordance
with the terms hereof. The right to enforce the within provisions,
restrictions and covenants by injunction together with the right to
cause the removal by due process of law of any structure erected or
maintained in violation thereof is hereby dedicated and reserved to
each of the owners of the several lots in this subdivision, their
heirs and assigns, Declarant, the Homeowners Association, the
Architectural Committee, the Carmel/Clay Plan Commission, its
successors and assigns, all of whom shall be entitled to such
relief without being required to show any damage of any kind to any
such owner, owners or party by or through any such violation or
attempted violation. Such provisions shall be in full force and
effect for a term commencing on the date this instrument is
recorded and expiring on December 31, 2014, at which time said
covenants, limitations and restrictions shall be automatically
extended for successive periods of ten (10) years each unless, by
a vote of the then owners of the lots in this subdivision, it is
agreed to change (or terminate) these covenants, limitations and
restrictions in whole or in part; provided, however, that no change
or termination of said covenants, limitations and restrictions
shall affect any easement hereby created or granted unless all
persons entitled to the beneficial use and enjoyment of such
easement shall consent thereto. Invalidation of any of the
covenants, limitations and restrictions contained herein by
judgement or court order shall in no way affect any of the other
provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, CENTEX HOMES COMPANY, by its`��duly
authorized officer, has executed this instrument this Z-3 t,�i day
of February, 1994.
Owner and Subdivider: CENTEX HOMES COMPANY
8555 NORTH RIVER ROAD, SUITE 100
INDIANAPOLIS, INDIANA 46240
(317)574-6950
Witness my signature this 7-3 'Cot day of February 1994.
By:
REX L. GORDON
President, Centex Homes Company
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, an Notary Public in and for said County and
State, personally appeared REX L. GORDON and acknowledged execution
of this instrument as his voluntary act and deed for the uses and
purposes therein expressed as the President of, and for and on
behalf of Centex Homes.
Witness my signature and Notarial Seal this day of
February, 1994.
—April 30, 1994
My Commission Expires: l�G�
SEAL
Hamilton
County of Residence /
f�o1a%a�./
Notary Public
Glenn E Ch ictian
Printed Name
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