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PLAT COVENANTS AND RESTRICTIONS
WALDEN POND - SECTION III
The undersigned , ESTRIDGE DEVELOPMENT CORP. , an Indiana
Corporation (the "Developer" ) , is the owner of the real estate
more specifically described in Exhibit A attached hereto (the
"Real Estate" ) . Developer intends to plat and subdivide the Real
Estate as shown on the plat for Walden Pond Section III , as
hereafter recorded in the office of the Recorder of Hamilton
County, Indiana (the "plat" ) and desires in such plat to subject
the Real Estate to the provisions of these Plat Covenants and
Restrictions . The subdivision created by the plat (the
"Subdivision" ) shall be known and designated as Walden Pond, an
addition in Hamilton County, Indiana. In addition to the
covenants and restrictions hereinafter set forth, the Real Estate
is also subject to certain additional covenants and restrictions
contained in the Declaration of Covenants , Conditions and
Restrictions of Walden Pond, dated January 15 , 1988 , and recorded
March 25 , 1988 , as Instrument No. 88-05115 , in the office of the
Recorder of Hamilton County, Indiana, as the same may be amended
or supplemented from time to time as therein provided (the
"Declaration" ) , and to the rights, powers , duties and obligations
of Walden Pond Homeowners ' Association, Inc. (the "Association" ) ,
as set forth in the Declaration. If there is any irreconcilable
conflict between any of the covenants and restrictions contained
herein and any of the covenants and restrictions contained in the
Declaration, the conflicting covenant or restriction contained
herein shall govern and control only to the extent of the
irreconcilable conflict, it being the intent hereof that all such
covenants and restrictions shall be applicable to the Real Estate
to the greatest extent possible .
In order to provide adequate protection to all present and
future owners of lots in the Subdivision, the following covenants
and restrictions , in addition to those set forth in the
Declaration, are hereby imposed upon the Real Estate:
1 . There are areas of ground on the plat marked "Private
Streets" . The Private Streets are hereby created and reserved as
a surface easement for vehicular ingress and egress appurtenant
to the Lots . An easement of ingress and egress is further
granted on and over the Private Streets to all police, fire
protection, ambulance and similar persons in the performance of
their duties .
2 . There are areas of ground on the plat marked "Utility
Easements" and "Drainage Easements , " either separately or in
combination. The Utility Easements are hereby created and
reserved for the use of all public utility companies (not
including transportation companies) , governmental agencies and
the Association, for access to and installation, maintenance,
repair or removal of poles , mains , ducts, drains , lines, wires ,
cables and other equipment and facilities for the furnishing of
utility services, including cable television services . The
Drainage Easements are hereby created and reserved : ( i ) for the
use of Developer during the "Development Period" ( as such term is
defined in the Declaration) for access to and installation,
repair or removal of a drainage system, either by surface
drainage or appropriate underground installations , for the Real
Estate and adjoining property and ( ii ) for the use of the
Association and the Hamilton County Drainage Board for access to
and maintenance, repair and replacement of such drainage system;
provided, however, that the owner of any lot in the Subdivision
subject to a Drainage Easement shall be required to keep the
portion of said Drainage Easement on his lot free from
obstructions so that the surface water drainage will be unimpeded .
The delineation of the Utility Easement and Drainage Easement
areas on the plat shall not be deemed a limitation on the rights
of any entity for whose use any such easement is created and
reserved to go on any lot subject to such easement temporarily to
the extent reasonably necessary for the exercise of the rights
granted to it by this paragraph 2. No permanent structures shall
be erected or maintained upon said easements. The owners of lots
in the Subdivision shall take and hold title to the lots subject
to the Utility Easements and Drainage Easements herein created
and reserved .
3 . There are areas of ground on the plat marked "Lake
Common Area" . The Lake Common Areas are hereby created and
reserved :
i . solely for the common visual and aesthetic
enjoyment of the Owners ;
ii . for the use by Developer during the Development
Period for the installation of retention and detention
ponds or lakes ;
iii . for the use as retention and detention ponds or
lakes ; and,
iv. for the use of the Association of the management
and control of retention and detention ponds or lakes
and the installation, maintenance and repair of
such retention and detention ponds or lakes .
4 . There are areas of ground on the plat marked "Limited
Access Easement" which areas are created for the exclusive use
and enjoyment of those particular lots having street access
therefrom. Each such lot owner shall have an easement for
ingress and egress in common with the other adjacent owners
across such area. The paved portion of the Limited Access
Easement, including curbs , shall be maintained in a good state of
repair by the Association and the Association shall have an
easement of ingress and egress on and over the Limited Access
Easement for the purpose of the maintenance obligations imposed
on the Association by these Plat Covenants and Restrictions and
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the Declaration. The foregoing notwithstanding , police, fire
protection, ambulance and other similar persons shall, in the
performance of their duties, have an easement of ingress and
egress on and across the areas of ground on the plat marked
Limited Access Easement.
5. There are areas of ground on the plat marked "Restricted
Common Area" which areas are created solely for the aestetic and
visual enjoyment of the Owners . The landscaping located within
such designated Restricted Common Area shall be maintained by the
Association and the Association shall have an easement of ingress
and egress for the purpose of this maintenance obligation.
6 . There are areas of ground on the plat marked 20'
Greenbelt. The landscaping located within the 20 ' Greenbelt
areas running parallel with East 99th Street and Westfield
Boulevard shall be maintained by the Association and the
Association shall have an easement of ingress and egress on and
over such areas for the purpose of this maintenance obligation.
The landscaping and other improvements planted or installed by
the Developer and/or the Association in the 20 ' Greenbelt areas
along Westfield Boulevard and East 99th Street may not be removed
by an owner and no fence shall be placed in such areas by an
Owner.
The 20' Greenbelt areas running along the north and east
property lines of the Real Estate shall be and remain in their
natural state and the landscaping or other improvements located
within these areas may not be removed by an Owner .
7 . There are areas of ground on the plat marked "Lake
Maintenance and Access Easements (LMAE) . The Lake Maintenance
and Access Easements are hereby created and reserved : ( i ) for
the use of Developer during the Development Period for access to
and construction, management and control of retention and
detention ponds or lakes and the installation , repair and
replacement of improvements therein and thereon and, ( ii ) for the
use of the Association for access to and maintenance, management
and control of retention and detention ponds or lakes and the
installation, thereon. Except as installed by Developer or
installed and maintained by the Association, no permanent
structure or improvement shall be erected or maintained upon said
Lake Maintenance and Access Easements .
8 . Building set-back lines are established on the plat. No
building or structure shall be erected or maintained between said
set-back lines and the front or rear lot line (as the case may
be) of said lot. Where two or more contiguous lots are used as a
site for a single dwelling , this side yard restriction shall
apply to the combined lots as if they were a single lot .
9 . 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
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lot within the triangular area formed by the street property
lines and a line connecting points twenty-five ( 25 ) feet from the
intersection of said lines , or in the case of a rounded property
corner, from the intersection of the street lines extended. The
same sight-line limitations shall apply to any lot within ten
( 10 ) feet from the intersection of a street line with the edge of
a driveway pavement or alley line. 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 line.
10. No residence constructed on a lot in the Subdivision
shall have less than one thousand one hundred ( 1100 ) square feet
of floor area, exclusive of garages, carports, and open porches .
11 . All lots in the Subdivision shall be used solely for
residential purposes. No business buildings shall be erected on
said lots, and no business may be conducted on any part thereof ,
other than the home occupations permitted in the Zoning Ordinance
of the City of Carmel , Indiana. No structure shall be erected ,
altered, placed or permitted to remain on any lot other than one
detached single-family residence not to exceed two and one-half
stories in height and permanently attached residential accessory
buildings . Any attached garage , attached tool shed, attached
storage building or any other attached building erected or used
as an accessory building to a residence shall be of a permanent
type of construction and shall conform to the general
architecture and appearance of such residence .
12 . No garage shall be erected on any lot in the
Subdivision which is not permanently attached to the residence,
and no unenclosed storage area shall be erected . No enclosed
storage area shall be erected on any lot which is not permanently
attached to the residence .
13 . No trailers , shacks, outhouses, detached storage sheds
or tool sheds of any kind shall be erected or situated on any lot
in the Subdivision, except that used by a builder during the
construction of a residential building on the property, which
temporary construction structures shall be promptly removed upon
completion of construction of the building .
14. No trailer, shack, tent, boat, garage or other
outbuilding may be used at any time as a residence, temporary or
permanent; nor may any structure of a temporary character be used
as a residence.
15 . No farm animals , fowls or domestic animals for
commercial purposes shall be kept or permitted on any lot or lots
in the Subdivision. No noxious, unlawful, or otherwise offensive
activity shall be carried out on any lot in the Subdivision; nor
shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
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16 . No camper, motor home, truck, trailer, boat or
recreational vehicle of any kind be stored on any lot in the
Subdivision in open public view.
17 . No sign of any kind shall be displayed to the public
view on any lot, except that one sign of not more than six ( 6)
square feet may be displayed at any time for the purpose of
advertising the property for sale or rent, except Developer may
use larger signs during the sale and development of the
Subdivision.
18 . No lot shall be used or maintained as a dumping ground
for trash. Rubbish, garbage or other waste shall be kept in
sanitary containers . All equipment for storage or disposal of
such materials shall be kept clean and shall not be stored on any
lot in open public view. All rubbish, garbage or other waste
shall be regularly removed from a lot and shall not be allowed to
accumulate thereon.
19 . Any gas or oil storage tanks used in connection with a
lot shall be either buried or located in a garage or house such
that they are completely concealed from public view.
20. No private or semi-private water supply and/or sewage
disposal system may be located upon any lot in the Subdivision
which is not in compliance with regulations or procedures as
provided by the Indiana State Board of Health, or other civil
authority having jurisdiction. No septic tank, absorption field,
or other method of sewage disposal shall be located or
constructed on any lot .
21 . Each driveway in the Subdivision shall be of concrete
or asphalt material and shall not exceed in width the side
boundaries of the garage . No additional parking shall be
permitted on a lot other than the existing driveway.
22 . No roof antenna shall be installed or permitted in the
Subdivision.
23 . No satellite dishes shall be installed or permitted in
the Subdivision except as installed by Developer and after the
end of the Development period except as approved by the
Association.
24 . No metal , fiberglass or similar type material awnings
or patio covers shall be permitted in the Subdivision.
25 . No fence placed on a Lot abutting an area designated on
the plat as Lake Common Area shall exceed 3 feet in height beyond
a point 15 feet from the house constructed on such lot .
On Lots 86 through 89 inclusive , no fence shall be located
outside of the fence line as shown on the plat.
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All fencing , and its placement, shall be subject to approval
by the Developer until the end of the Development Period and
thereafter by the Architectural Control Committee. All fencing
that abutts Westfield Boulevard, East 99th Street, the areas
designated Lake Common Area, an interior street or another Lot
shall be constructed of wood.
All metal fencing used in the Subdivision, where permitted ,
must have a factory finish of either brown or black vinyl . No
fence shall be higher than six ( 6) feet. No fencing shall extend
forward of the furthest back corner of the residence. Fencing
style and color shall be consistent with the Subdivision.
26 . No above-ground swimming pools shall be permitted in
the Subdivision.
27 . No solar heat panels shall be permitted in the
Subdivision.
28 . All lots shall be accessed from the interior streets of
the Subdivision. No access to any lot is permitted from
Westfield Boulevard or East 99th Street.
29 . Violation or threatened violation of these covenants
and restrictions shall be grounds for an action by the Developer ,
and Association, any person or entity having any right, title or
interest in the Real estate ( or any part thereof ) , or any person
or entity having any right, title or interest in a lot in any
Subdivision which is now or hereafter made subject to and annexed
to the Declaration, and all persons or entities claiming under
them, against the person or entity violating or threatening to
violate any such covenants or restrictions . Available relief in
any such action shall include recovery of damages or other sums
due for such violation, injunctive relief against any such
violation or threatened violation, declaratory relief, and the
recovery of costs and attorneys ' fees incurred by any party
successfully enforcing these covenants and restrictions ;
provided, however, that neither the Developer nor the Association
shall be liable for damages of any kind to any person for failing
to enforce or carry out such covenants or restrictions .
30 . Developer, at his cost and expense, shall install on
each lot a dusk to dawn light.
31 . Until the end of the Development Period, Developer
shall have the right to amend these covenants and restrictions
without the approval of any person or entity.
32. These covenants and restrictions may be amended at any
time by the then owners of at least two-thirds ( 2/3) of the lots
in all Subdivisions which are now or hereafter made subject to
and annexed to the Declaration; provided, however, that until all
of the lots in such Subdivisions have been sold by Developer, any
such amendment of these covenants and restrictions shall require
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the prior written approval of Developer. Each such amendment
shall be evidenced by a written instrument, signed and
acknowledged by the lot owner or owners concurring therein, which
instrument shall set forth facts sufficient to indicate
compliance with this paragraph and shall be recorded in the
office of the Recorder of Hamilton County, Indiana.
33 . These covenants and restrictions (as the same may be
amended from time to time as provided in the foregoing paragraph
shall run with the land and shall be binding upon all persons or
entities from time to time having any right, title or interest in
the Real Estate, or any part thereof , and on all persons or
entities claiming under them, until 2001 , at which time said
covenants and restrictions shall be automatically extended for
successive periods of ten ( 10) years each, unless prior to the
commencement of any such extension period, by a vote of a
majority of the then owners of the lots in all Subdivisions which
are now or hereafter made subject to and annexed to the
Declaration, it is agreed that said covenants and restrictions
shall terminate in their entirety; provided, however, that no
termination of said covenants and restrictions shall affect any
easement hereby created and reserved unless all persons entitled
to the beneficial use of such easement shall consent thereto .
34 . Invalidation of any of the foregoing covenants and
restrictions by judgment or court order shall in no way affect
any of the other covenants and restrictions of this plat, which
shall remain in full force and effect .
35. The lots in Walden Pond, Section III, where applicable
shall be conveyed with easements over the adjacent lot or subject
to easements for the benefit the adjacent lot as more
particularly described on the drawing attached hereto as Exhibit
B. The following rules prescribe the terms , conditions and use
of such easements , both by the owner of the easement (the
dominant tenement) and the owner of the fee under the easement
(the servient tenement) .
a. The dominant tenement shall have the right to
use the easement for landscaping, fencing , as a general
recreational and garden area and for the installation,
use and maintenance of the geothermal system serving
the dominant tenement. The dominant tenement shall
have the obligation of maintaining the easement and the
geothermal system and for such purposes the dominant
tenement and its agents ( including Public Service
Indiana) shall have an easement of ingress and egress .
b. The dominant tenement shall not use the
easement for any other use including permanent
installation of any sort (except fencing ) .
c. The servient tenement shall have the right at
all reasonable times to enter the easement area,
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including crossing over the dominant tenement for such
entry, in order to perform work related to the usage of
the servient tenement.
d. The servient tenement shall have the right of
drainage over, across and upon the easement for water
resulting from the normal usage of the servient
tenement and the dominant tenement shall maintain the
easement area in such manner as will not interfere with
such drainage .
e. The dominant tenement shall not attach any
object to a wall or building belonging to the servient
tenement.
f. The dominant tenement, except as otherwise
provided in this paragraph, shall have the exclusive
use of the surface of the easement area subject to the
rights of any other easement holders (utilities,
sewers , etc . ) , if any, and subject to minor
encroachments, if any, existing at the time of the
creation of the easement including overhangs , eaves,
etc. over the easement area which are part of the
structure located on the servient tenement.
IN WITNESS WHEREOF, the undersigned Developer , as the owner
of the Real Estate, has hereunto caused its name to be subscribed
this ' & day of , 1989 .
ESTRIDGE DEVELOPMENT CORP. ,
an In n corporation
By:
Paul E. Estridge , P esident
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EXHIBIT "A"
LEGAL DESCRIPTION
PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
7, TOWNSHIP 17 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID QUARTER-QUARTER
SECTION; THENCE NORTH 00°04'45" WEST ALONG THE WEST LINE OF SAID
QUARTER-QUARTER SECTION 840.78 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 00°04'45" WEST ALONG SAID WEST LINE 478.23 FEET TO
THE NORTHWEST CORNER OF SAID QUARTER-QUARTER SECTION; THENCE ALONG THE
NORTH LINE OF SAID QUARTER-QUARTER SECTION SOUTH 89°31'32" EAST
1352.46 FEET TO THE NORTHEAST CORNER OF SAID QUARTER-QUARTER SECTION;
THENCE ALONG THE EAST LINE OF SAID QUARTER-QUARTER SECTION SOUTH
00°01 '06" WEST 898.06 FEET; THENCE NORTH 89°58'54" WEST 134.56 FEET TO
A POINT ON A CURVE CONCAVE WESTERLY HAVING A CENTRAL ANGLE OF
03°25 '08" AND A RADIUS OF 210.00 FEET; THENCE NORTHERLY ALONG SAID
CURVE AN ARC DISTANCE OF 12.53 FEET (SAID ARC BEING SUBTENDED BY A
CHORD HAVING A BEARING OF NORTH 04°52'26" WEST AND A LENGTH OF 12.53
FEET) ; THENCE SOUTH 83°25'O1" WEST 50.00 FEET; THENCE NORTH 75°38' 38"
WEST 120.51 FEET; THENCE NORTH 70°15'56" WEST 48.04 FEET; THENCE NORTH
01°30' 09" EAST 175.47 FEET; THENCE NORTH 02°49' 55" EAST 59.52 FEET;
THENCE NORTH 13°29'47" EAST 176.98 FEET; THENCE NORTH 45°36'51" WEST
179.83 FEET; THENCE NORTH 88°14'42" WEST 37.53 FEET; THENCE SOUTH
80°24 ' 32" WEST 122.02 FEET; THENCE SOUTH 80°33'34" WEST 19.72 FEET;
THENCE NORTH 89°12' 11" WEST 40.59 FEET; THENCE NORTH 89°05'34" WEST
323.73 FEET; THENCE SOUTH 30°04'54" WEST 89.88 FEET; THENCE SOUTH
69°42 ' 42" WEST 96.40 FEET; THENCE SOUTH 60°07 '37" WEST 50.08 FEET;
THENCE SOUTH 89°35'30" WEST 203.99 FEET TO THE POINT OF BEGINNING,
CONTAINING 15.74 ACRES MORE OR LESS.
STATE OF INDIANA )
SS :
COUNTY OF HAMILTON )
Before me, a Notary Public in and for the State of Indiana,
personally appeared Paul E. Estridge, the President of Estridge
Development Corp. , an Indiana Corporation, and acknowledged the
execution of this instrument as his voluntary act and deed as
such officer on behalf of such corporation for the uses and
purposes hereinabove set forth.
Witness my signature and Notarial Seal this '{- day of
M -} , 1989 .
cQ-
Notar Public
c� �
PE / o WM r
Printed
My Commission Expires :
- R2
Residing in 1.4 {j,..:ThfyCounty.
Draft 02/24/89
This instrument was prepared by James J. Nelson, NELSON &
FRANKENBERGER, 3021 E. 98th Street, Suite 220 , Indianapolis ,
Indiana 46280 .
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Lot :Line Lot Line
q 4
1
Lot A . // Lot B /' Lot C
SC�rV lanl. 1
Dominant � 1
Tenement as to Tenement as ... ! 1
easement in ,
an easement Lot A '.�
over Lot o favor of I
and Dominant i1
Tenement as to 1
�
/1 easement over - 1!
Lot C /i
.4
,� �-I i
r Easement in favor of Lot B)
( Easement in favor of Lot A) (D_s`zn`` between Lot Line
Distance between Lot Line to a to a point on a line 6
point on a line 6 inches from
and parallel to the outside wall inches from and parallel to
of the home to be constructed on the outside
cwallrof fttheo^
Lot B. homLot C .
EXHIBIT B
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