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SUBnMSION v ARlANC(- \
REQUEST APPLICATION\.J
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(Submit two (2) ocpie:s)
David Barnes
Telephone No. 846-6611
e~g: 10505 N. College Avenue, Indianapolis, IN 46280
PROJECT NAME: The Woods At Williams Creek
PROJECT ADDRESS:
136th Street & Spring Mill Road
APPLICANT NAME; Williams Creek Woods, L.L.C.
ADDRESS: 417 Fox Lane, Carmel, IN 46032
TELEPHONE:
846-4403
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is
being reouested: ., .
. 6.2.1 SUItabIlIty of Land
State explanation of why variance is being requested: Because of the lot sizes and the
location of Williams Creek in the subdivision, certain parts of the
creekside lots. lay within the floodway. However, the actual building sites
for residential occupancy of such creekside lots lay outside of the flood-
~l~.!~t;le~efore, thIS varIance IS requested to accomoaate tne deSIgn of the
~m~bpPoI1ing variance request:
No earth~rk or construction will take place within the Flo~y area of
pr"lY'~pn 1 n+:~ ~r f-'h,:. nc.r:::ar+-mJOni- n-F "-T::.....'1,..::II1 ~.::.c:nl1r,...p~ I r~l' ~...., nTlS.
The Floodway area with only lot line encroachment will not restrict
flood waters, affect fish, wildlife or botanical resources or be a hazard*
Present zoning: 5-1
Signature of Property Owner
nns APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY
PLA T APPLICA TION. VARIANCE REQUEST MUST BE INCLUDED WITH THE
PUBLIC NOTICE FOR THE PRIMARY PLAT.
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APPLICATION FEE
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,,\I 11.000
*to life or property. Further, the subdivision'S plat and covenants
specifically address the special needs of the floodway.
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Contact Person: Mr. David Barnes
Telephone No.
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SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Address: 1 0505 N. College Avenue, Indianapolis, IN. 46280
PROJECT NAME: The Woods At Williams Creek
PROJECT ADDRESS: 136th street & Spring Mill Road
APPLICANT NAME: Williams Creek Woods, L.L.C.
ADDRESS: 417 Fox Lane. Carmel. Indiana 46032
TELEPHONE: 846-4403
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is
being requested:
6.2.1 Suitability of Land
State explanation of why variance is being requested:
Lot lines are within flood plain areas to provide desirable
lot situations for the character of upper priced custom
homes proposed for this development.
State reasons supporting variance request:
No earthwork or construction will take place within the FLOODWAY
area of proposed lots per the Department of Natural Resources.
Additionally, D.N.R. does not require approval of construction
o~ FLOODFHLNGE ~reas un~ess cons~rUC~lon or a darn is pLuposed.
~eK~~W~Y area with only lot line encroachment will not restrict*
S-1 ~ o/l!!!!/erry Owner
nus APPLICATION MUST BE SUBMITTED ~IME OF mE PRIMARY
PLAT APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE
PUBLIC NOTICE FOR THE PRIMARY PLAT.
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630.00
APPLICATION FEE
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1/1112000
*flood waters, affect fish, wildlife or botanical resources
or be a hazard to life or property.
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APPLICATION FOR
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FEB 19 2001 '
DOCS
PRIMARY PLAT OR REPLAT
Fee: $500.00 plus $25.00 per lot
DATE: February 16, 2001
DOCKET NO.
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The undersigned agrees that any construction, reconstruction, enlargement, relocation or
alteration of structure, or any change in the use of land or structures requested by this application
will comply with, and conform to, all applicable laws of the State of Indiana, and the "Zoning
Ordinance of Carmel, Indiana - 1980", adopted under the authority of Acts of 1979, Public Law
178 Sec. 1, et seq, General Assembly of the State of Indiana, and all Acts amendatory thereto.
Name of Applicant: Williams Creek Woods L.L.C.
Phone No. 846-4403
Address of Applicant: 417 Fox Lane, Carmel, Indiana 46032
Name of Owner: Same
Phone No.
Name of Subdivision: Williams Creek Woods subdivision
legal Description: (To be typewritten on separate sheet and attached)
Area (in acres): 74. 78 Number of lots:
to be dedicated to pUblic use: 1. 6
73
length (in miles) of new streets
Surveyor certifying plat:
Allen H. Weihe, Weihe Engineers, Inc.
Address: 10505 N. college Ave., Hidpls. Il}bhone No. 846-6611
..........-..............-.........-.........-.......-.........-.-.....ST A TE OF I NOlANA,
COUNTY OF , 55:
The undersigned having been dUly swom, upon oath says that the above information is
true and correct as he or she is informed and believes.
SIGNATURE OF APPLI~~ Print ::r -<.rr '1 \-{ "'-"S ~ n:.\
Subscribed and sworn to b'-O' -- s I/- day of i,lun ""J · t9 ~ 0 ,,' ',.',
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My Comm ission Expires: /0- / - f
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5.1.10 Aoolication for Primarv Plat. Two (2) copies, or more if necessary, of the pnma,rypliit and
of the construction plans together with supporting documents shall be submitted to the Director Qf Currant
Planning with this application. These plans to be distributed to all Technical Advisorv Committee
authorities bv applicant.
FEE:
Received by:
s:fonna1primpl.tapp
re\;scd 01/07/97
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I'lAY-19-2000 11: 12 FRON CARt'lEL Ct.8Y!'OOCD.
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~CAll0MND~ORCREPL~n
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, DATE: February 16, 2001 n rDJOOS D~~~" '
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, 11'Ie undersigned agrees that any constT\Iction, reconstrudion,enlatgement, relocatiOn oratteraticin d StM:tun!t, or
any dlange in the U5e of land or structures re(1\1ested by this :lpprction wiD ccrnply with, and conform toi an applQble ""WS
of the State of Indiana, and the Zoning Ordinance of Carmel, Indiana. 1980, adopted under the 8utnorttyQf NJ:s Qf'1919,
Public law 178, see. 1, et. seq. General Assembly of the State of Indiana, and all Acts amendatcrytf1ereto~ '
, Name of Appllcant:_ Phone # 846 - 4 4 0 3 ' .
Williams Creeks Woods L.L.C.
',AddressofAppJlcant: 417 Fox T;:m",. ('.::ormG'l, Inoiana 490A2
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98430546
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Same
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Name of OWner:
Williams Creek Woods Subdivision
Name of SubdIvision:
LegaJ Description (To be typewritten on separate Sheet and attached).
Area (in acres): 7 4 . 78 Number of Lots: 73
Length in miles of new streets to be dedicated to public use:. 1. 6
'Surveyor certifying plat: Allan H. Weihe, Weihe Enqineers, Inc.
Surveyor's address and phone # 10505 N. College Avenue, Indianapolis,
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, STATE" OF'
INDIANA
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County of'-JI~
Before me, the undersigned, a Notary Public for
execution of the foregoing instrument this II"
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'My commissiOn Expires:
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5.1.10 AoDlicatloo for Secondarv Plat. Two (2) copieS, or more if necessary, of the se<:o!Id!rv~';arKf.~ '
construct1on plans, together witt! supporting docUments, shall be-SUbmitted to the Building CommrS6l0~r ~ tJ~.:~\ii.fl
cuR.! U'le applic:atlon fee as IndlCeJtecl in Section 29.6 of the Zoning Ordinance. ..(-> -'-, -'n~~---"'~ .'
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County. State ofInd"lana,personaUy appeare:t and~~eU1e
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Additional plans to be dlstrlbuted to necessary authoritie$ by appnc:al'1t
ReCeiVed By:
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s:'carmela nduse\cl 1~\,;klist'Sei; ptarapp
rovlsed 11~eI2000 '
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WEIHE ENGINEERS~ INC~~
CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS, LANDSCAPE ARCHITECTS
. :'-........
TO: CITY OF CARMEL
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
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FfB 19 2001
DOCS
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ENCLOSED ARE SUPPORTING REPORTS AND DOCUMENTS PER
THE CARMEUCLAY TOWNSHIP SUBDIVISION REGULATION FOR
THE PRIMARY PLAT OF:
WilliAMS CREEK WOODS SUBDIVISION
PART Of THE SOUTHWEST QUARTER OF SECTION 22,
TOWNSHIP 18 NORTH, RANGE 3 EAST, CLAY TOWNSHIP,
CARMEL, HAMILTON COUTNY, INDIANA
LOCATION: NORTHWEST CORNER OF 136TH STREET AND
SPRING MILL ROAD
ZONED: 51
ALLAN H. WEIHE, P.E., L.S. - PRESIDENT
10505 NORTH COLLEGE AVENUE INDIANAPOLIS, INDIANA 46280 (317) 846-6611 (BOO) 452-6408 FAX: (317) 843-0546
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~WEIHE
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HB 19 2001
DOCS
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COMPREHENSIVE PLAN
WILLIAMS CREEK WOODS SUBDIVISION
The proposed WILLIAMS CREEK WOODS SUBDIVISION is
designed to meet the spirit and intent of the Comprehensive Plan
of the Carmel/Clay District. The proposed subdivision is intended
to be developed within the existing zoning restrictions (51) and
designed to maintain a standard consistent with the
development in the adjoining area. Proposed streets and utilities
will be designed to standards required by the Carmel/Clay District
and Hamilton County. Located in an area of established
subdivisions, this project will blend in with and compliment the
community providing an welcomed addition to the residents
surrounding it. WILLIAMS CREEK WOODS SUBDIVISION will be a
pleasant upgrade to the Carmel/Clay area of growth.
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mr~ WEIHE
~ ENGINEERS, INC.
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HB 19 2001
DOCS
UTILITY SERVICE REPORT
WILLIAMS CREEK WOODS SUBDIVISION
The proposed WILLIAMS CREEK WOODS SUBDIVISION will be
served by several utility and community organizations. The Clay
Regional Waste District will provide sanitary sewer service to
this subdivision with an existing sanitary sewer main in place on
this tract. Additional sanitary sewer lines will be installed to
service each lot of this project. The Hamilton Western Utilities
Company will install water main lines within the project to their
standards of construction. The storm system will be designed to
meet all requirements of the City of Carmel Engineer's Office and
the Hamilton County Drainage Board. Two lakes will be provided
for control of storm water run-off with routing from curb inlets,
backyard swales and earth inlets. As with the rest of the
community, the Carmel Police Department and Carmel Fire
Department will be set to provide the protection required when
and if needed.
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SUBDIVIDER AGREEMENT FORM .f
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9.6 THE SUBDIVIDER FEB 19 2001
The following agreement shall be included as a submittal with the final plot application.DOCS
AGREEMENT
The developer shall be responsible for any drainage problems including standing water, flooding and
erosion control, which arise or become evident at my time during the 3 year maintenance period after
release of subdivision bonds, and which is attributable to a deficiency in subdivision drainage design or
construction of drainage improvements. This shall include all pipes, structures, swales, ditches, and ponds
which are pertinent features to the proper drainage of the subdivision.
This responsibility of the developer shall not, however, include problems which are created, subsequent
to the completion of the subdivision improvements by the improper grading by individual builders, or
structures and improper grading installed or accomplished by individual homeowners.
It is the intent of these requirements, that the developer shall, specifically, provide such sub-surface drains,
or storm sewers or ditches as are required to properly rectify any drainage problem or sub-surface water
problem which was not contemplated in the original approved subdivision design, including, but not
restricted to, disposal of sub-surface water from footing drains of individual lots.
ROAD IMPROVEMENTS: The typical agreement for existing contiguous Hamilton County Roads
which are substandard, with Hamilton County is:
The developer will put in 12 inch stone base to the required width of the road, and grade the shoulders
to a minimum of 6 feet width and construct proper side-ditches, or provide storm sewers and curbs. This
will be the black top grade during construction of the subdivision. Then the county will come in and cut
out 3 inches and put in 3 inch binder asphalt, after which the developer will be responsible for I inch of
asphalt topping. This is being done as joint projects between county and developer. An agreement shall
be executed, in writing, between the developer and Hamilton County, specifically detailing the exact work
to be accomplished by the developer, and that to be accomplished by the County, and shall also state the
road or roads or portions thereof which are included. If the subdivision is contemplated to be annexed
to the City of Carmel, then the agreement shall include the City of Carmel Board of Public Works as a
signatory, which shall be for the purpose of the City of Carmel agreeing to accept for maintenance and
operation, the improved road facility upon completion of said improvements and completion of
annexation.
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DEVEL ER
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WITNESS
IEB/4JNZ-r I b 2c:C> I
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DATE
Revised 6/94
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Part of the East Half of the Southeast Quarter of Section 22. Township 18 North. Ram 1~ff'PI~1iJ
East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, 19 2001
described as follows: DOcs
Commencing at the Southeast corner of the Southeast Quarter of Section 22, Township
18 North. Range 3 East~ thence North 00 degrees 08 minutes 08 seconds East (assumed
bearing) on the East line of said Southeast Quarter 600.00 feet to the Northeasterly
corner of real estate conveyed to the Board of Commissioners of Hamilton County,
Indiana, per a Trustee's Deed recorded as Instrument Number 9335266 in the Office of
the Recorder of HamiIton County, Indiana, said corner being also the PLACE OF
BEGINNING of the within described real estate~ thence continuing North 00 degrees 08
minutes 08 seconds East on the East line of said Southeast Quarter 2039.00 feet to the
Northeast comer of said Southeast Quarter~ thence South 89 dCbJfees 17 minutes 14
seconds West on the North line of said Southeast Quarter 1313.02 feet to the Northwest
corner of the East Half of said Southeast Quarter~ thence South 00 degrees 02 minutes 08
seconds West on the West line of the East Half of said Southeast Quarter 2338.96 feet to
a point 300.00 feet North 00 degrees 02 minutes 08 seconds East of the Southwest comer
of said East Half~ thence North 89 degrees 17 minutes 11 seconds East parallel with the
South line of said Southeast Quarter 549.50 feet; thence South 00 degrees 02 minutes 08
seconds West parallel with the West line of said East Half300.00 feet to the South line of
said Southeast Quarter; thence North 89 degrees 17 minutes 11 seconds East on the
South line of said Southeast Quarter 163.92 feet to the Southwesterly comer of the
aforesaid real estate conveyed to the Board of Commissioners of Hamilton County,
Indiana. said corner being 600.00 feet West of the Southeast comer of said Southeast
Quarter; thence North 00 degrees 42 minutes 49 seconds East 40.00 feet; (this and the
following four courses are on the westerly and northerly perimeter lines of said Board of
Commissioners real estate) 1.) thence North 89 degrees 17 minutes 11 seconds East
parallel with the South line of said Southeast Quarter 525.00 feet; 2.) thence North 44
degrees 38 minutes 32 seconds East 43.63 feet, by measurement (North 45 degrees 00
minutes 00 seconds East 42.43 feet, by the aforesaid deed) to a point that on a line that is
45.00 feet west of and parallel with the East line of said Southeast Quarter; 3.) thence
North 00 degrees 08 minutes 08 seconds East parallel with the East line of said Southeast
Quarter 530.00 feet to the Northwesterly comer of said real estate; 4.) thence South 89
debJfeeS 51 minutes 52 seconds East 45.00 feet to the place of beginning, containing
74.781 acres, more or less.
Subject to an easement granted to Indiana Gas Transmission Corporation by Earl Stewart
as recorded on page 239 of Miscellaneous Record 32 in the Office of the Recorder of
Hamilton County, Indiana.
Subject to an easement granted to Panhandle Eastern Pipeline Company by Earl Stewart
as recorded on page 154 of Miscellaneous Record 40 in the Otlice ofthe Recorder of
Hamilton County, Indiana.
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Subject to an easement granted to Panhandle Eastern Pipeline Company by John V. ~~DPlfe/fJ
as recorded on page 170 of Miscellaneous Record 68 in the Omce of the Recorder tflJ'is 2001
Hamilton County, Indiana. DOCS
Subject to Electric Line Easements granted to Public Service Company of Indiana, Inc.
recorded as Instrument Number 8824429 in the Ollice ol'thc Recorder of Hamilton
County, Indiana.
Subject to a Utility Easement granted to Indiana Bell Telephone Company, Incorporated,
recorded as Instrument Number 9112781 in the Office of the Recorder of Hamilton
County, Indiana.
Subject to a Gas Line Easement granted to Indiana Gas Company, Inc., recorded as
Instrument Number 9130680 and as said easement was canceled and superceded by a
Gas Line Easement granted to Indiana Gas Company, Inc., recorded as Instrument
9233361, all in the Office of the Recorder of Hamilton County, Indiana.
Subject to a Sewer Easement granted to Clay Township Regional Waste District,
recorded as Instrument Number 9324341 in the Office of the Recorder of Hamilton
County, Indiana.
Subject to all other legal easements and rights-of-way.
Dated: February 16,2001
File: H:\2000\ WOO 1 030\LEGAL.DOC
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The Woods at Williams Creek (hereinafter "Declaration"), made as of the ~ ayof ,2001
by Williams Creek Woods LLC, an Indiana limited liability company, 4429 e Creek Dri ~;'
Carmel, Indiana 46033 (hereinafter "Williams Creek"). J; Or. y/y'
DECLARATION OF EASEMENTS, RESTRICTIONS AN
COVENANTS OF THE WOODS AT WILLIAMS eRE
THIS DECLARATION OF EASEMENTS,' RESTRICTIONS
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 which 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 ofthe 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 which is for the benefit of the
future subdivision of Real Estate and the future owners 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.
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NOW, THEREFORE, Williams Creek declares that the Real Estate as it now exists and as
it shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and
improved, are subject to the following terms and conditions, all of which 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 whole and of each of the future lots
and improvements to be constructed thereon. The terms and conditions of this Declaration shall
run with the land and shall be binding upon Williams 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. Definitlom:. The following terms, as used in this Declaration, unless the context
clearly requires otherwise, shall mean the following:
(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
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time to time;
(c) "Assessments" means all sum lawfully 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 in accordance with the By-Laws;
(e) "By-Laws" means the Code of By-Laws of the NP Corp. elected by the Members in
accordance with the By-Laws;
(f)
known;
"The Woods at Williams Creek" means the name by which the Real Estate shall be
(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 Roadways to the
extent not maintained by public authority; and (vi) any utility service lines or facilities not
maintained by a public utility company or governmental agency that serve more than one Lot;
(i) "NP Corp." means The Woods Association of Homeowners, Inc., an Indiana not-
for-profit corporation, its successors and assigns;
(j) "Williams Creek" means Williams Creek Woods LLC, an Indiana limited liability
company, its successors and assigns to its interest in the Real Estate other than Owners 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 with 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 ofthe Real Estate;
(1) "Drainage Board" means the Hamilton County Drainage Board, Hamilton County,
Indiana, its successors or assigns;
(m) "Drainage System" means the open drainage ditches and swales, the subsurface
drainage tiles, pipes and structures, the dry and wet 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 waters from, over and across the Real Estate,
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;
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(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)
the Plat;
"Lake Lot" means Lots 12 through 28 and 57 through 72 inclusive as depicted on
(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 facility, 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;
(w) "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) "Owner" means a Person, including Williams Creek, who at the time has or is
acquiring any interest in a Lot except a Person who has or is acquiring such an interest merely as
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security for the performance of an obligation;
(aa) "Person" means an individual, firm, corporation, partnership, association, trust or
other 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 by the NP
Corp. to meet the cost of periodic maintenance and repairs of the Lake Control Structures;
(dd) "Residence" means any structure intended exclusively for occupancy by a single
family together with all appurtenances thereto, including private garage and outbuildings and
recreational facilities usual and incidental to the 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;
(ft) "Register of Regulations" means the document containing rules, regulations,
policies, and procedures adopted by the Board of Directors or the Architectural Review Board, as
the same may from time to time be amended;
(gg) "Roadway" 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 which has not been accepted for
maintenance by a public authority;
(hh) "Zoning Authority" with respect to any action means the Director of the Department
of Community Development of the City of Carmel, Indiana or, where he lacks the capacity to take
action, or fails to take such action, the governmental body or bodies, administrative or judicial, in
which authority is vested under applicable law to hear appeals, or review action, or the failure to
act.
2. Dedar::Jtion. Williams Creek hereby expressly declares that the Real Estate shall be
held, transferred, used, and occupied subject to the Restrictions. The Owner 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, whether from Williams Creek or a subsequent Owner of such Lot; or (ii)
by the act of occupancy or use of any Lot, 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 Owner acknowledges the rights and powers of Williams Creek and of the NP
Corp., and the Owners of each of the Lots affected by these Restrictions to keep, observe, comply
with and perform such restrictions and agreements.
3. The T ,akes. Williams Creek shall convey title to the Lakes to the NP Corp. The NP
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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 Owner 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 otherwise 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 written consent of the Architectural
Review Board and such governmental authority as may have jurisdiction. No swimming or ice
skating will be permitted in or on the Lakes unless authorized by the Board of Directors. Each
Owner of a Lot abutting a Lake shall indemnify and hold harmless Williams Creek, the NP Corp.
and each other Owner against all loss or damage incurred as a result of injury to any Person or
damage to any property, 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 Owner's Lot.
Williams Creek shall have no liability to any Person with respect to a Lake, the use thereof or
access thereof, or with respect to any damage to any Lot resulting from a Lake or the proximity of a
Lot thereto, including loss or damage from erosion.
4. The T .~ke rontrol StTIlct1lTe~. 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. l)r~in~ee Sy~tem. Williams Creek shall maintain the Drainage System 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 Owner
shall be individually liable for the cost of maintenance of any drainage system located entirely upon
his Lot which is devoted exclusively to drainage of his Lot and is not maintained by the Drainage
Board.
6. Ro~clw~y~. Williams Creek shall maintain each Roadway in good condition
satisfactory for the purpose for which it was constructed until the Roadway has been accepted as a
public roadway.
7. ron~tmction ofRe~iclence~.
(a) T .~nc1lJ~e. 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.
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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 which 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) Si7.e of Resioenc.e. 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) TempoT::Jry Stmc.hITes. 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) Rlliloine T ,oc.::Jtion ::Jnd Finished Floor F.lev::Jtion. No building may be erected
between 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
comer 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)
dust free;
Drivew::JYs. All driveways shall be paved asphalt or poured concrete and maintained
(f) Y::Jril T.iehts. Each Residence on each Lot shall include a yard light on such Lot at a
location, having a height and of a type, style and manufacture approved by the Architectural
Review Board. Each such light fixture shall also have a bulb of a maximum wattage approved by
Architectural Review 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 dawn each day.
The yard light thereafter shall be maintained in proper working order by the Lot Owner;
(g) Fire Pl::Jc.e Ch::Jse. All fireplace chases shall be of masonry veneer, dryvit, or a
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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) Storl'lee Tl'lnk~. All above or below ground storage tanks, with the exception of gas
storage tanks (not to exceed 10 gallons) used solely in connection with gas grills for the purpose of
grilling or cooking food, shall be and thereby are prohibited;
(i) rnn~tmdlnn l'lnd T .l'lnd~cl'lplne. All construction upon, landscaping of and other
improvements to a Lot shall be completed strictly in accordance with the Lot Development Plan
approved by the Architectural Review 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 Review Board shall be installed on
the Lot strictly in accordance with 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 with 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 witness fees,
deposition costs, etc.;
U) Ml'l11hnxe~. All mailboxes installed upon Lots must be purchased from Williams
Creek. Such mailboxes shall be approved by the Architectural Review Board;
(k) Se,ptlc Sy~tem~. No septic tank, absorption field or any other on-site sewage
disposal system (other than a lateral main connected to a sanitary sewage collection system operated
by the Clay Township Regional Waste District or a successor public agency or public utility) shall
be installed or maintained on any Lot;
(1) WMer Sy~tem~. Each Owner must connect to a water line maintained by a public
water utility to provide water for domestic use on the Lot and shall pay all connection, availability
or other charges lawfully established with respect to connections thereto. Notwithstanding the
foregoing, an Owner may establish, maintain and use an irrigation water well on his Lot;
(m) Drl'llnl'lee. In the event storm water drainage from any Lot or Lots flows 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 flow of water is provided on the Plat. To
the extent not maintained by the Drainage Board, Drainage Easements (including but not limited to
the 100 Year Floodway Easement) reserved as drainage swales shall be maintained by the Owner of
the Lot upon which such easements are located such that water from any adjacent Lot shall have
adequate drainage along such swale. Lots within The Woods at Williams Creek may be included in
a legal drain established by the Drainage Board. In such event, each Lot in The Woods at Williams
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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, which
assessment will 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 swale 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) V::4C::4nt T .ot~. It shall be the duty and obligation of the Owner of a vacant Lot to
maintain such Lot and mow the lawn thereof. Williams Creek and the NP Corp. shall have the
right, but not the obligation, to mow the lawn and maintain vacant Lots;
(0) Sheci~, Ont Rnilciing~. Out buildings, tree houses, playhouses and sheds are
specifically prohibited except that Williams Creek or the NP Corp. may allow them on a case by
case basis;
(P) T ,imit::4tion~ on 100 Ye::4r Floociway F::4~ement. Pursuant to the rules and regulations
of the Indiana Department of Natural Resources, no Residence, temporary structure (as defined in
subparagraph 7(c) hereof) swimming pools, tennis courts or other building may be built or
maintained in the 100 Year Floodway Easement.
8. M::4inten::4nce ofT .ot~,
(a) Vehicle P::4rkine. No camper, motor home, truck, trailer, boat, disabled vehicle, or
vehicle without a properly issued license plate, may 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 view 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 eighteen (18) inches
shall be permitted between the front property line and the front building set-back line except where
such planting is part of Residence landscaping and the prime root thereof is within four (4) feet of
the Residence. Comer 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
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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 comer 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) Vegetation. An Owner shall not permit the growth of weeds and volunteer trees and
bushes on his Lot, and shall keep his Lot reasonably clear ITom such unsightly growth at all times.
If an Owner fails to comply with this restriction, the Architectural Review 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) Nuisanc.es. 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 to the
neighborhood. Barking dogs shall constitute a nuisance;
(f) Garhage and Rehlse Disposal. 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
view. All equipment for storage or disposal of such materials shall be kept clean and sanitary;
(g) T .ivestock and Poultry. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that
they are not kept, bred or maintained for any commercial purpose. The Owners of such permitted
pets shall confine them to their respective Lots such that they will not be a nuisance. Owners of
dogs shall so control or confine them so as to avoid barking which will annoy or disturb adjoining
Owners;
(h) Outside Ruming. No trash, leaves, or other material shall be burned upon a Lot if
smoke therefrom would blow upon any other Lot and, then, only in acceptable incinerators and in
compliance with all applicable requirements;
(i) Antennas and Rec.eivers. 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 ground, whether
attached to a building or otherwise, on any Lot without the written approval of the Architectural
Review Board, which approval shall not be unreasonably withheld; provided, however, that any
such device may be installed and maintained on any Lot without the necessity of such written
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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 Owners of all Lots who would have views 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, which are not prohibited by these covenants;
(j) Exterior I.iehK No exterior lights shall be erected or maintained between the
building line and rear lot line so as to shine or reflect directly upon another Lot;
(k) Electric. 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 only when outside activities require
the use thereof and not continuously;
(1) Tennis Courts. No tennis courts shall be installed or maintained on any Lake Lots
or in the 1 00 Year Floodway Easement;
(m) Swimmine Pools. No swimming pool or equipment or building related thereto shall
be constructed without the prior approval of the Architectural Review Board. No swimming pool
shall be located on a Lake Lot abutting within 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 with the Zoning
Authority. Further, no swimming pool shall be located within the 100 Year Floodway 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 swimming pool on a Lot, that the Owner install a mechanical pool
cover. If the Architectural Review Board imposes such requirement, then a mechanical pool cover
of a type and manufacture approved by the Architectural Review Board shall be installed by the
Owner in compliance with all applicable legal requirements established by the Zoning Authority as
a condition to such variance, and all requirements established by the Architectural Review Board.
9. The Woons Assoc.iMion of Homeowners.
(a) Memhership. Each Owner 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-Laws. If
a Person would realize upon his security and become an Owner, he shall then be subject to all the
requirements and limitations imposed by this Declaration on other Owners, including those
provisions with respect to the payment of Assessments;
(b) Powers. The NP Corp. shall have such powers as are set forth in this Declaration
and in the Articles and By-Laws, together with all other powers that belong to it by law;
(c) CI~sses of Memhership ann Voting Riehts. The Association shall have the
following two (2) classes of voting membership:
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Cl::."" A. Class A Members shall be all Owners 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 with respect to any Lot;
Cl::."" R Class B Members shall be Williams Creek and its Managers.
Williams Creek and its Managers shall be entitled to 100 (100) votes for each Lot
owned by them. For purposes of this calculation, it shall be assumed that Williams
Creek owns all Lots, which number shall be reduced as Lots are conveyed by
Williams Creek to a Person other than Williams Creek or its Managers. The Class B
membership shall cease and be converted to Class A membership on the happening
of either of the following events, whichever occurs earlier: (a) when 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;
(d) Re"erve for Rf'{ll::.cement". 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 of 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, rights 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) Tennin::.tion of Cl::.s" R Memher"hip. 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) Ro:mi of Directors. During the Development Period, Williams Creek shall appoint
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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.IS 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. A~~e~~ment~.
(a) Crefltion of the T ,ien fine! Per~onfl] Ohligation of A~~e~~ment~. Williams Creek
hereby covenants, and each Owner of any Lot by acceptance of a deed thereto, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree, to pay to the NP Corp. the
following: (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 a
charge on the Lots and shall be a continuing lien upon the Lot against which 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 who was the Owner of the Lot at the
time when the Assessment became due;
(b) Generfl] A~~e~~ment.
(1) PlITpo~e of A~~e~~ment. The General Assessment levied by the NP Corp.
shall be used exclusively to promote the recreation, health, safety, and welfare 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, which 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-way; (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 any sidewalks which abut a
right-of-way but are not within the right-of-way, and the General Assessment shall also be
levied by the NP Corp. to comply and pay for with the foregoing maintenance requirements
and obligations;
(2) RfI~i~ for A~~e~~ment.
(i) T .ot~ Generfl11 y. Each Lot owned by a Person other than Williams
Creek or its Managers shall be assessed at a uniform rate without regard to whether
a Residence has been constructed upon the Lot;
(ii) T .ot~ Ownec1 hy Williflm~ Creek or it~ Mflnfleer~. No Lot owned by
Williams Creek or its Managers shall be assessed by the NP Corp.;
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(iii) Ch:mee in RaRiR. The basis for assessment may be changed with the assent
of the Class B Members and of: (1) two-thirds (2/3) of the Class A Members
(excluding Williams Creek or its Managers); or (2) two-thirds (2/3) of the
Mortgagees (based on one vote for each first mortgage owned) who are voting in
person or by proxy by a meeting of such Members duly called for this purpose;
(3) Methon of ARReRRment. By a vote of a majority of the Directors, the Board
of Directors shall fix the General Assessment 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 which it shall be paid;
(c) Special ARReRRment. The NP Corp. may levy in any fiscal year a special assessment
applicable to that year 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) Date of Commencement of ARseRsmentR, The General Assessment shall commence
with respect to assessable Lots on the first day of the month following 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 whole months remaining in the assessment year;
(e) Effect of Nonpayment of ASReRRmentR' RemeciieR of the NP Corp Any
Assessment not paid within 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 lawful 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 payment 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 otherwise escape liability for the Assessments provided for herein by
abandonment of his Lot;
(f) Snhornin::ltion of the T .ien to MortgflgeR. The lien of the Assessments provided for
herein against a Lot shall be subordinate to the lien of any recorded first mortgage covering such
Lot and to any valid tax or special assessment lien on such Lot in favor of any governmental taxing
or assessing authority. Sale or transfer of any Lot shall not affect the Assessment lien. The sale or
transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall,
however, extinguish the lien of Assessments as to payments which became due more than twelve
(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;
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(g) rertific::lte~, The NP Corp. shall, upon demand by an Owner, at any time, furnish a
certificate in writing 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) Exempt 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
(2) the Lakes;
(3) the Common Areas.
(i) Annn::ll Rnileet. 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 will be met;
11. ArchitectllT::Il rontrol.
(a) The Architectllr::ll Review RO::lril. 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) Pnrpo~e~. The Architectural Review Board shall regulate the external design,
appearance, use, location and maintenance of the Property and of improvements thereon in such
manner as to preserve values and to maintain a harmonious relationship among structures,
improvements and the natural vegetation and topography;
(c) rh::lnee in ronilition~. 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,
swimming 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
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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 accordance with the Lot Development Plan approved by
the Architectural Review Board. As used in this subparagraph (c), "plantings" do not
include flowers, bushes, shrubs or other plants having a height of less than 18 inches;
(d) Procedures. In the event of the Architectural Review Board fails to approve, modify
or disapprove in writing a Lot Development Plan within thirty (30) days after such plan has been
duly filed with the Architectural Review Board in accordance with procedures established by
Williams Creek or, if Williams Creek is no longer a Class B member, this approval will be deemed
granted. If Williams Creek is no longer a Class B member, a decision of the Architectural Review
Board may be appealed to the Board of Directors which may reverse or modify such decision by a
two-thirds (2/3) vote of the Directors then serving;
(e) GlIidelines lmd Shmdards. The Architectural Review Board shall have the power to
establish such architectural and landscaping design guidelines and standards as it may deem
appropriate to achieve the purpose set forth in subparagraph (b) to the extent that such design
guidelines and standards are not in conflict with the specific provisions of this Declaration. If
Williams Creek is no longer a Class B member, any such guideline or standard may be appealed to
the Board of Directors which may terminate or modify such guideline or standard by a two-thirds
(2/3) vote of the Directors then serving.
12. Easements.
(a) Plat Easements. 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,
sewer easements, utility easements and lake maintenance access easements, either separately or in
any combination thereof, as shown on the Plat, which are reserved for the use of Owners, public
utilities companies and governmental agencies as follows:
(1) Drainaee Easements. (DE) are created to provide paths and courses for area
and local storm drainage, either overland or in adequate underground conduit, to serve the
needs of The Woods at Williams Creek and adjoining ground and/or public drainage
systems; and it shall be the individual responsibility of each Owner to maintain the drainage
across his own Lot. Under no circumstances shall said easement be blocked in any manner
by the construction or reconstruction of any improvement, nor shall any grading restrict, in
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any manner, the water flow. Said areas are subject to construction or reconstruction to any
extent necessary to obtain adequate drainage at any time by any governmental authority
having jurisdiction over drainage, by Williams Creek, and by 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 Review Board undertakes any such construction or reconstruction, its
obligations to restore the affected real estate after any such construction or reconstruction
shall be limited to 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 Owners;
(2) Sewer Easements. (SE) are created for the use of the local government
agency having jurisdiction over any storm and sanitary waste disposal system which may be
designed to serve The Woods at Williams Creek for the purpose of installation and
maintenance of sewers that are a part of said system;
(3) 1 Jtility Easements. (UE) 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) Lake Maintenance Access Easements. (LMAE) are created for the use of
Williams Creek, the NP Corp., the Drainage Board and the Clay Township Regional Waste
District for the purpose of gaining access to the Lake, the Lake Control Structures, the
Drainage System in the course of maintenance, repair or replacement of any thereof.
13. Natnre Conservation Zone. The Nature Conservation Zone ("Zone") as depicted on
the Plat, is designed to enhance preservation of the trees in accordance with the terms of the Trees
Preservation Plan dated April 18, 2001 ("Plan"). Such Plan is incorporated herein by 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 following actions and activities shall be specifically prohibited in
the Zone:
(a) the construction or maintenance of any buildings, structures or other improvements,
other than fencing or as otherwise expressly permitted herein;
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(b) the dumping or other disposal of trash, garbage or other refuse of any type whatsoever
in or on the Zone;
(c) earth moving or grading or filling;
(d) 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; and
(e) the construction, maintenance or creation of any sign or billboard on or in the Zone.
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 IO(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. Enforcement. 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 ofthe Restrictions. No delay or failure by any
Person to enforce any ofthe 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 ofthat 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. Amenilment~.
(a) Generally. This Declaration may be amended at any time by an instrument signed
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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 A 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;
(b) Ry Declarant 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 writing, executed by Williams Creek, and
recorded with 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 which Williams Creek has previously conveyed without the consent of the
Owner of such Lot;
(c) Effective Date. Any amendment shall become effective upon its recordation in the
office of the Recorder of Hamilton County, Indiana.
16. Tnterpretation. The underlined titles preceding the various paragraphs and
subparagraphs of this Declaration are for convenience of reference only, and none of them shall be
used as an aid to the construction of any provision of this Declaration. Wherever and whenever
applicable, the singular form of any work shall be taken to mean or apply to the plural, and the
masculine from shall be taken to mean or apply to the feminine or to the neuter.
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 with
the land and be binding on all parties and all Persons claiming under them until 2025, at which 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 who are then the Owners of a
majority of the Lots in the Real Estate.
18. Severahility. Every one of the Re~trictions 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 .iahility ofWi11iam~ Creek. Williams Creek shall not have any liability to an
Owner or to any other Person with respect to drainage on, over or under a Lot or with respect to the
completion of the Residence in accordance with the Lot Development Plan's specifications. Such
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drainage shall be the responsibility of the Owner of the Lot upon whicha Residence is constructed
and of the builder of such Residence, and an Owner, by an acceptance of a deed to a Lot, shall be
deemed to agree to indemnify and hold Williams Creek free and hannless 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 inferred from any term or provision ofthis Declaration.
20. Delay in ronstmction of Resiclence. 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 Owner 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 otherwise 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 Owner or to
the Clerk of the Circuit Court of Hamilton County the lesser of (a) the same net dollar amount as
was received by Williams Creek from such Owner 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 with construction of a
Residence per the terms of a Lot Development Plan which has been approved by the Architectural
Review Board upon application by such Owner; or
(iii) pursue such other remedies at law 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 Owner 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, windows, entry doors, gutters, downspouts, exterior trim, paved driveway
and landscaping) has been completed in conformity with the Lot Development Plan.
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IN TESTIMONY WHEREOF, witness the signature of Williams Creek as of the date set
forth above.
WILLIAMS CREEK WOODS LLC
By:
Its Manager: Ralph Akard
STATEOFINDIANA )
) SS:
COUNTY OF HAMILTON)
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Ralph Akard, Manager of Williams Creek Woods LLC, and he acknowledges that the
facts alleged in the foregoing instrument are true.
Witness my hand and Notarial Seal this
day of May, 2001.
Rachel D. Shelton, Notary Public
My Commission Expires: October 4, 2001 County of Residence: Hamilton
This instrument prepared by Michael S. Walsh, attorney at law, 11350 North Meridian Street, Suite
420, Carmel, Indiana 46032.
06/01/01
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OUTLINE - WILLIAMS CREEK PRESENTATION
ISSUES:
I) Stub Street! Number of Entrances:
A) Williams Creek has proposed two entrances:
1) Spring Mill Road;
2) Coldwater Drive Entrance.
The Spring Mill entrance is located across from Spring Mill Crossing neighborhood.
This location was requested by the City. The Coldwater entrance utilizes the existing and
previously approved Buckhorn Subdivision street. Williams Creek believes the following
administrative agencies support the use of the Coldwater Drive entrance:
a) Carmel Police Department. In a May 17, 2001 letter signed by
Timothy Green, Chief of Police, clearly approves this proposal
because it allows better access for routine patrols and emergency
calls;
b) Carmel Fire Department. In a May 17, 2001 letter, Gary Hoyt,
Fire Marshall, approves of the use of this Coldwater Drive
entrance because it provides an alternative access for an
emergency vehicle if the Spring Mill access is blocked;
B) At last month's meeting, you requested that Williams Creek examine alternative
entrances if the Coldwater Drive/Stub Street is not available. As previously indicated, Williams
Creek has explored other entrances to its subdivision. Because of the proposed future
roundabout at 1 36th Street and Spring Mill, an entrance on 136th Street west of Spring Mill was
not feasible. However, in order to thoroughly explore the alternative entrance on 136th Street,
Williams Creek contacted the Carmel Fire Department to request an entrance through its
property. Brian Bosma, Esq., counsel for the Clay Township Trustee, Judy Hagan, rejected this
approach due to safety concerns and design layout limitations. A copy of his May 23, 2001 letter
is presented to you this evening.
The next alternative would be a second entrance off Spring Mill Drive. The current
proposed entrance is located opposite the entrance to Spring Mill Crossing. Two entrances
within a block of each other are not feasible for traffic safety reasons.
The last alternative is off of 141 st Street. Matt Brown of AlP Engineering has examined
this possibility. His study indicates that there is little demand (i.e. use) of the need to travel north
from the neighborhood. This entrance also fails to shorten any police or fire department runs.
Mr. Brown is here to answer any inquiries about his studies;
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II) Suitability of Land Issue:
A) What is the underlying purpose of the ordinance? To prevent flood
damage and facilitate drainage within creeks:
1) In order to protect the homeowners' residence, Weihe Engineering
has revised the plat as follows:
a) In an effort to accommodate the concern pertaining to the
distance from the floodway line to the rear of the proposed homes
constructed in the "Woods at Williams Creek" Subdivision we have
realigned the centerline of the street in two areas. As shown on the
enclosed plat, Bolderwood Lane, in front of Lots 4,5,6, and 7 has been
moved northerly a distance of 10' and Coldwater Drive, in front of Lots
37,38 and 39 has been moved westerly also a distance of 10'. In addition,
we have shown the pads for all lots at a typical 70' width and 60' depth,
which is an actual practical representation of the pad construction rather
than the originally submitted 80' x 80' pad. This plat is to show an overall
portrayal of the relationship between the pads proposed and their distance
from the floodway line in a realistic fashion;
2) Williams Creek has expanded its covenants to make it clear that no
structures of any type (i.e. swimming pools, tennis courts, out building, etc) may be erected in
the 100 year floodway;
3) In addition, Williams Creek has added provisions to its covenants
that:
a) Limit the use of any lands in the nature conservation zone;
b) Preserve the existing natural condition of such zone.
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DECLARATION OF EASEMENTS, RESTRICTIONS~AR 21 20g ~)
COVENANTS OF WILLIAMS CREEK WOOOJ\(\, DOCS //J!
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TillS DECLARATION OF EASEMENTS, RESTRICTIONS AND COVENANTsc---OF
~U JAMS CREEK WOODS (hereinafter "Declaration"), made as of the 21 st day of March, 2001, by
. illiams Creek Woods. L.L.C., an Indiana limited liability company, 4429 Blue Creek Drive, Carmel,
Indiana 46033 (hereinafte-;: "WCW:1
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WITNESSETH:
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WHEREAS, WCW is the owner of the real estate located in Hamilton County, Indiana described
on attached Exhibit A (hereinafter 'Real Estate"), upon which WCW intends to develop a residential
subdivision to be known as ~ll~s Crf'P~ w C\~;
WHEREAS, Declarant desires to provide for the preservation and enhancement of the property
values in WCW 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 which is for the benefit of the future subdivision of Real Estate and the future owners
thereof;
WHEREAS, WCW 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, WCW declares that the Real Estate as it now exists and as it shall
be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved, are
subject to the following terms and conditions, all of which 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 whole and of each of the future lots and
improvements to be constructed thereon. The terms and conditions of this Declaration shall run
with the land and shall be binding upon WCW, 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
WCW 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 following:
(a)
"Architectural Review Board"
means that entity established pursuant to
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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) "Assessments' means all sum lawfully assessed against the Members ofthe NP Corp., as
amended from time to time;
(d) 'Board of Directors" means the governing body of the NP Corp. elected by the
Members in accordance with the By-Laws;
(e) "By-Laws" means the Code of By-Laws of the NP Corp. elected by the Members in
accordance with the By-Laws;
(t)
known;
"WCW" means the name by which the Real Estate shall be
(g) "Community Area" means: (i) the Lake Control Structures; (ii) the Drainage System; (iii) the
Lakes and the Lake Access Easements; (iv) the Roadways to the extent not maintained by public authority;
and (v) any utility service lines or facilities not maintained by a Public utility company or governmental
agency that serve more than one Lot;
(h) "NP Corp." means WCW Association of Homeowners, Inc., an Indiana not-for-profit
corporation, its successors and assigns;
(i) "WCW" means Williams Creek Woods, L.L.C., an Indiana limited liability company, its
successors and assigns to its interest in the Real Estate other than Owners purchasing Lots or Residences
by deed from WCW (unless the conveyance indicated or intends that the grantee assume the rights and
obligations of WCW);
G) "Development Period" means the period of time commencing with the execution of
this Declaration and ending when WCW has completed the development and sale of, and no
longer owns, any Lot or any other portion of the Real Estate;
(k) 'Drainage Board" means the Hamilton County Drainage Board, Hamilton County, Indiana, its
successors or assigns;
(1) 'Drainage System' means the open drainage ditches and swales, the subsurface
drainage tiles, pipes and structures, the dry and wet 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 waters from, over and across the
Real Estate, including but not limited
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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;
(m) "Lake" means any lake as depicted on the Plat;
(n) "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;
(0) "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;
(p) "Lot' means a platted lot as shown on the Plat;
(q) "Lake Lot" means Lots 12 through 28, and 57 through 72 inclusive as depicted on the Plat;
(r) "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;
(s) "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 facility, 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;
(t) "Manager' means the individuals (and/or any corporation such individuals own or
control) identified in WCW's Operating Agreement;
(u) "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.;
(v) "Mortgagee' means the holder ofa first mortgage on a Residence;
(w) "Owner" means a Person, including WCW, who at the time has or is acquiring any interest
in a Lot except a Person who has or is acquiring such an interest merely as security for the performance of
an obligation;
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(x) "Person" means an individual, firm, corporation, partnership, association, trust or other legal
entity, or any combination thereof;
(y) "Plat" means the final secondary plat of the Real Estate recorded in the Office of the Recorder
of Hamilton County, Indiana;
(z) "Reserve for Replacements" means a fund established and maintained by the NP Corp. to
meet the cost of periodic maintenance and repairs of the Lake Control Structures;
(aa) "Residence" means any structure intended exclusively for occupancy by a single family
together with all appurtenances thereto, including private garage and outbuildings and recreational
facilities usual and incidental to the usage of a single family residential lot;
(bb) "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;
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(cc) "Re ister of Re u tions" means the document containing rules, regulations, policies, and
procedures adopted y the Board of Directors or the Architectural Review Board, as the same may from
time to time be amended;
(dd) "Roadway" 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 which has not been accepted for maintenance by a public
authority;
(ee) "Zoning Authority' with respect to any action means the Director of the Department
of Community Development of the City of Carmel, Indiana or, where he lacks the capacity to
take action, or fails to take such action, the governmental body or bodies, administrative or
judicial, in which authority is vested under applicable law to hear appeals, or review action, or the
failure to act.
2. Declaration. WCW hereby expressly declares that the Real Estate shall be held, transferred,
used, and occupied subject to the Restrictions. The Owner 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,
whether from WCW or a subsequent Owner of such Lot; or (ii) by the act of occupancy or use of any Lot,
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 Owner acknowledges the rights
and powers of WCW and of the NP Corp., and the Owners of each of the Lots affected by these
Restrictions to keep, observe, comply with and perform such restrictions and agreements.
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3. The Lake. WCW shall convey title to the Lake to the NP Corp. The NP Corp. shall be
responsible for maintaining the Lake. Each Owner of a Lot which abuts the Lake shall be responsible at all
times for maintaining so much of the bank of the Lake 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 otherwise in
reasonably clean condition. No Owner shall pump water out of the Lake. No boats shall be permitted upon
any part of the Lake and no dock, pier, wall or other structure may be extended into a Lake without the
prior written consent of the Architectural Review Board and such governmental authority as may have
jurisdiction. No swimming or ice skating will be permitted in the Lake except if and to the extent
authorized by the Board of Directors. Each Owner of a Lot abutting a Lake shall indemnifY and hold
harmless WCW, the NP Corp. and each other Owner against all loss or damage incurred as a result of
injury to any Person or damage to any property, or as a result of any other cause or thing, arising from or
related to use of, or access to the Lake by any Person who gains access thereto from over or across such
Owner's Lot. WCW shall have no liability to any Person with respect to the Lake, the use thereof or access
thereof, or with respect to any damage to any Lot resulting from the Lake or the proximity of a Lot thereto,
including loss or damage from erosion.
4. The Lake Control Structures. WCW shall convey title to the Lake Control Structures to the
NP Corp. The NP Corp. shall be responsible for maintaining the Lte Control Structures to the extent not
maintained by the Drainage Board, and the Maintenance Costs ,ereof shall be assessed as a General
Assessment against all Lots.
5. Drainage System. WCW shall maintain the Drainage System 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
Owner shall be individually liable for the cost of maintenance of any drainage system located
entirely upon his Lot which is devoted exclusively to drainage of his Lot and is not maintained by
the Drainage Board.
6. Roadways. WCW shall maintain each Roadway in good condition satisfactory for
the purpose for which it was constructed until the Roadway has been accepted as a public
roadway.
7- Construction of Residences.
(a) Land Use. 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
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that there will be thereby a greater number of Residences in Williams Creek Woods 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 which 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;
(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 3,000 square feet if a one-story structure, or 3,800 square feet if a multi-story
structure. In the case of multi-story structure, at least 2,400 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) Building Location and Finished Floor Elevation. No building may be erected between
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 (1 0) 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 comer 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 maintained dust free;
(f) Yard Lights. Each Residence on each Lot shall include a yard light on such Lot at a
location, having a height and of a type, style and manufacture approved by the Architectural
Review Board. Each such light fixture shall also have a bulb of a maximum wattage approved by
Architectural Review 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 dawn
each day. The yard light shall be located approx. 25' from property line and 5' from driveway.
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The yardlight thereafter shall be maintained in proper working order by the Lot Owner;
(g) Fire Place Chase. 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) Storage Tanks. All above or below ground storage tanks, with the exception of gas storage
tanks (not to exceed 1 0 gallons) used solely in connection with gas grills for the purpose of grilling or
cooking food, shall be and thereby are prohibited; . wf~
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(i) Construction and Landscaping:- All construction upon, landscaping of and other
improvements to a Lot shall be completed strictly in accordance with the Lot Development Plan
approved by the Architectural Review Board. Landscaping shall include a ~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 Review Board shall be installed
on the Lot strictly in accordance with 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 with
all the details and specifications of the Lot Development Plan, WCW 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, WCW 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 witness
fees, deposition costs, etc.;
(i) Mailboxes. All mailboxes installed upon Lots must be purchased from WCW. Such mailboxes
shall be approved by the Architectural Review Board;
(k) Septic Systems. No septic tank, absorption field or any other on-site sewage disposal
system (other than a lateral main connected to a sanitary sewage collection system operated by
the Clay Township Regional Waste District or a successor public agency or public utility) shall
be installed or maintained on any Lot;
(1) Water Systems. Each Owner Must connect to a water line maintained by a public
water utility to provide water for domestic use on the Lot and shall pay all connection,
availability or other charges lawfully established with respect to connections thereto.
Notwithstanding the foregoing, an Owner may establish, maintain and use an irrigation water
well on his Lot;
(m) Drainage. In the event storm water drainage from any Lot or Lots flows 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
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for such flow of water is provided on the Plat. To the extent not maintained by the Drainage Board,
"Drainage Easements" reserved as drainage swales shall be maintained by the Owner of the Lot upon
which such easements are located such that water from any adjacent Lot shall have adequate drainage
along such swale. Lots within WCW may be included in a legal drain established by the Drainage Board.
In such event, each Lot in Williams Creek Woods 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, which assessment will 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 swale 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; All lake lots to have
silt fencing at property line abutting lake.
(n) Vacant Lots. It shall be the duty and obligation of the Owner of a vacant Lot to maintain
such Lot and mow the lawn thereof. WCW and the NP Corp. shall have the right, but not the obligation, to
mow the lawn and maintain vacant Lots;
(0) Sheds. Out Buildings. Out buildings, tree houses, playhouses and sheds are
specifically prohibited except that WCW or the NP Corp. may allow them on a case by case
basis.
8. Maintenance of Lots.
(a) Vehicle Parking. No camper, motor home, truck, trailer, boat, disabled vehicle, or
vehicle without a properly issued license plate, may be parked or stored overnight or longer on
any Lot in open public view;
(b) Signs. Except for such signs as WCW may in its absolute discretion display in connection
with the identification or development of \Yil1i~m" Cr<><>k Woods and the sale of Lots therein, no sign of
r any kind shall be displayed to the public view on any Lot except that two (2) signs of not more than four
~ 4) s uare feet may be displayed at any time for the purpose of advertising the Lot for sale, or may be
sp ayed 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) Fencing. No fence, wall, hedge or shrub planting higher than eighteen (18) inches shall be
permitted between the front property line and the front building set-back line except where such planting
is part of Residence landscaping and the prime root thereof is within four (4) feet of the Residence. Corner
Lots shall be deemed to have two (2) front yards. Trees shall not be deemed "shrubs" unless
8
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 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 wjth 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.
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(I) Fencing alongl41st Street and Spring Mill Road. Any fencing alongl41st Street and
Spring Mill Road shall be constructed of the same material, and be the same height, the same
color and the same design and the same appearance and shall be constructed only with the
approval of the Architectural Review Board;
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(d) Vegetation. An Owner shall not permit the growth of weeds and ~unte~ and bushes
on his Lot, and shall keep his Lot reasonably clear form such unsightly growth at all times. If an Owner
fails to comply with this restriction, the Architectural Review 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 to the
neighborhood. Barking dogs shall constitute a nuisance;
(f) Garbage and Refuse Disposal. 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 view. All equipment for storage or disposal of such materials shall be kept clean and
sanitary;
(g) Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or
kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept,
bred or maintained for any commercial purpose. The Owners of such permitted pets shall confine them to
their respective Lots such that they will not be a nuisance. Owners of dogs shall so control or confine them
so as to avoid barking which will annoy or disturb adjoining Owners;
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(h) Outside Burning. No trash, leaves, or other material shall be burned upon a Lot if smoke
therefrom would blow upon any other Lot and, then, only in acceptable incinerators and in compliance
with all applicable requirements;
(i) Antennas and Receivers. No antenna, satellite dish over 18", 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 ground, whether attached to a building
or otherwise, on any Lot without the written approval of the Architectural Review Board, which approval
shall not be unreasonably withheld; provided, however, that any such device may be installed and
maintained on any Lot without the necessity of such written approval if: (a) it is not visible from
neighboring Lots or streets; or (b) the Owner, prior to installation, has received the written consent of the
Owners of all Lots who would have views of the device from their Lots; or (c) the device is virtually
indistinguishable from structures, devices or improvements such as heat pumps, air conditioning units,
barbecue grills, patio furniture, and garden equipment, which are not prohibited by these covenants;
(i) Exterior Lights. No exterior lights shall be erected or maintained between the building line
and rear lot line so as to shine or reflect directly upon another Lot;
(k) Electric Bug 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 only when outside activities require
the use thereof and not continuously;
(1) Tennis Courts. No tennis courts shall be installed or maintained on any
Lake Lo('Or c.r~ LM?
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(m) Swimming Pools. No swimming pool or equipment or building related thereto shall
be constructed without the prior approval of the Architectural Review Board. No swimming pool
shall be located on a J.@<:e LJ2t abutting within 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 with the Zoning
Authority. 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 swimming pool on a Lot, that the Owner install a
mechanical pool cover. If the Architectural Review Board imposes such requirement, then a
mechanical pool cover of a type and manufacture approved by the Architectural Review Board
shall be installed by the Owner in compliance with all applicable legal requirements established
by the Zoning Authority as a condition to such variance, and all requirements established by the
Architectural Review Board.
9. Williams Creek Woods Association of Homeowners.
(a) Membership. Each Owner shall automatically be a Member of the NP
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Corp. and shall enjoy the privileges and be bound by the obligations contained in the Articles and
By-Laws. If a Person would realize upon his security and become an Owner, he shall then be
subject to all the requirements and limitations imposed by this Declaration on other Owners,
including those provisions with respect to the payment of Assessments;
(b) Powers. The NP Corp. shall have such powers as are set forth in this Declaration and
in the Articles and By-Laws, together with all other powers that belong to it by law;
(c) Classes of Membership and Voting Rights. the following The Association shall have
two (2) classes of voting membership:
Class A. Class A Members shall be all Owners with the exception of WCW and the
Managers of WCW. 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 with respect to any Lot;
Class B. Class B Members shall be WCW and its Managers. WCW and its
Managers shall be entitled to five (5) votes for each Lot owned by them. For purposes of
this calculation, it shall be assumed that WCW owns all Lots, which number shall be
reduced as Lots are conveyed by WCW to a Person other than WCW or its Managers. The
Class B membership shall cease and be converted to Class A membership on the
happening of either of the following events, whichever occurs earlier: (a) when 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;
(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 Area. In determining the amount, the Board shall take into
consideration the expected useful life of the Community Area. 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 of the Board, be
invested in obligations of, or fully guaranteed as to principal by, the United States of America;
(e) Mergers. Upon a merger or consolidation of another corporation with the NP Corp., its
properties, rights and obligations may, as provided in its articles ofy
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(1) Purpose of Assessment. The General Assessment levied by the NP Corp. shall be (b)
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, rights 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 Class B Membership. 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 WCW set forth in
Paragraph 14 (b);
(g) Board of Directors. During the Development Period, WCW 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) Creation of the Lien and Personal Obligation of Assessments. WCW hereby
covenants, and each Owner of any Lot by acceptance of a deed thereto, whether or not it shall be
so expressed in such deed, is deemed to covenant and agree, to pay to the NP Corp. the following:
(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 a charge
on the Lots and shall be a continuing lien upon the Lot against which 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 who was the Owner of the Lot at the time when the Assessment became
due;
(b) General Assessment.
(1) Purpose of Assesment. The General Assessment levied by the NP Corp.
shall be used exclusively to promote the recreation, health, safety, and welfare 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, which real estate taxes shall be paid by the NP Corp. from the date hereof,
notwithstanding that WCW may indefinitely retain title
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to all or part of the Lake. It shall further be the obligation ofthe NP Corp. to: (i) maintain and pay
all costs of maintenance of all public lighting installed and existing in any right-of-way; (ii) pay
the costs of all electricity and energy usage attributable to public lighting installed and existing
any right-of-way; and (iii) pay the costs of maintenance of any sidewalks which abut a right-of-
way but are not within the right-of-way, and the General Assessment shall also be levied by the
NP Corp. to comply and pay for with the foregoing maintenance requirements and obligations;
(2) Basis for Assessment.
(i) Lots Generally. Each Lot owned by a Person other than WCW or its
Managers shall be assessed at a uniform rate without regard to whether a Residence has
been constructed upon the Lot;
(ii) Lots Owned bv WCW or its Managers. No Lot owned by WCW or its
Managers shall be assessed by the NP Corp.;
(iii) Change in Basis. The basis for assessment may be changed with the assent of the
Class B .Members and of: (1) two-thirds (2/3) of the Class A Members (excluding
Buckhorn or its Managers); or (2) two- thirds (2/3) of the Mortgagees (based on one vote
for each first mortgage owned) who 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 Assessment 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
which it shall be paid;
(c) Special Assessment. The NP Corp. may levy in any fiscal year a special assessment
applicable to that year 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) Date of Commencement of Assessments. The General Assessment shall commence with
respect to assessable Lots on the first day ofthe month following conveyance of the first Lot to an Owner
who is not WCW or its Managers. The
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initial Assessment on any assessable Lot shall be adjusted according to the number of whole
months remaining in the assessment year;
(e) Effect ofNonpavment of Assessments: Remedies of the NP Corp. Any Assessment not paid
within 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 lawful 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 payment 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 otherwise escape liability for the Assessments provided
for herein by abandonment of his Lot;
(f) Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein
against a Lot shall be subordinate to the lien of any recorded first mortgage covering such Lot and to any
valid tax or special assessment lien on such Lot in favor of any governmental taxing or assessing
authority. Sale or transfer of any Lot shall not affect the assessment lien. The sale or transfer of any Lot
pursuant to mortgage foreclosure or any proceeding in lieu thereof shall, however, extinguish the lien of
Assessments as to payments which became due more than twelve (1 2) 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) Certificates. The NP Corp. shall, upon demand by an Owner, at any time, furnish a certificate
in writing 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) Exempt 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
(2) the Lake.
(i) Annual Budget. 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 will be met;
11. Architectural Control.
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(a) The Architectural Review Board. Until the end of the Development Period, an Architectural
Review Board consisting of three (3) Persons shall be appointed by WCW. 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 improvements thereon in such manner as to preserve
values and to maintain a harmonious relationship among structures, improvements and the natural
vegetation and topography;
(c) Change 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
WCW to an Owner shall be made or done without the prior approval by the Architectural Review
Board of a Lot Development Plan therefore. Prior to the commencement by an Owner other than
WCWof:
(1) construction, erection or alteration of any Residence, building, fence, wall, swimming
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 WCW 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 WCW,
and no Owner shall undertake any construction activity within WCW unless legal requirements
have been satisfied. Each Owner shall complete all improvements to a Lot strictly in accordance
with the Lot Development Plan approved by the Architectural Review Board. As used in this
subparagraph (c), we plantings" do not include flowers, bushes, shrubs or other plants having a
height of less than 1 8 inches;
(d) Procedures. In the event of the Architectural Review Board fails to approve, modify or
disapprove in writing a Lot Development Plan within thirty (30) days after such plan has been duly filed
with the Architectural Review Board in accordance with procedures established by WCW or, ifWCW is
no longer a Class B member, this approval will be deemed granted. IfWCW is no longer a
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Class B member, a decision of the Architectural Review Board may be appealed to the Board of Directors
which may reverse or modify such decision by a two-thirds (2/3) vote ofthe Directors then serving;
(e) Guidelines and Standards. The Architectural Review Board shall have the power to establish
such architectural and landscaping design guidelines and standards as it may deem appropriate to achieve
the purpose set forth in subparagraph (b) to the extent that such design guidelines and standards are not in
conflict with the specific provisions of this Declaration. IfWCW is no longer a Class B member, any such
guideline or standard may be appealed to the Board of Directors which may terminate or modify such
guideline or standard by a two-thirds (2/3) vote of the Directors then serving.
12. Easements.
(a) Plat Easements. In addition to such easements as are created elsewhere in this Declaration
and as may be created by WCW pursuant to written instruments recorded in the Office of the Recorder of
Hamilton County, Indiana, Lots are subject to drainage easements, sewer easements, utility easements and
lake maintenance access easements, either separately or in any combination thereof, as shown on the Plat,
which are reserved for the use of Owners, public utilities companies and governmental agencies as
follows:
(1) Drainage Easements. (DE) are created to provide paths and courses for
area and local storm drainage, either overland or in adequate underground conduit, to
serve the needs of Williams Creek Woods and adjoining ground and/or public drainage
systems; and it shall be the individual responsibility of each Owner to main 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 flow. Said areas are subject to construction or reconstruction to
any extent necessary to obtain adequate drainage at any time by any governmental
authority having jurisdiction over drainage, by WCW, and by the Architectural Review
Board, but neither WCW nor the Architectural Review Board shall have any duty to
undertake any such construction or reconstruction. In the event WCW or the Architectural
Review Board undertakes any such construction or reconstruction, its obligations to
restore the affected real estate after any such construction or reconstruction shall be
limited to regrading and reseeding. Under no circumstances to shall WCW be liable for
any damage or destruction to any fences, structures, or other improvements which are
damaged, destroyed or remodeled by WCW, or its agents or employees as a result of such
construction or reconstruction. Said easements are benefit of the Owners; for the mutual
use and benefit of the Owners;
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(2) Sewer Easements. (SE) are created for the use of the local government
agency having jurisdiction over any storm and sanitary waste disposal system which may
be designed to serve Williams Creek Woods for the purpose of installation and
maintenance of sewers that are a part of said system;
(3) Utility Easements. (UE) are created for the use of WCW, the NP Corp. and
all public utility companies, not including transportation companies, for the installation
.r tJ~ and maintenance of mains, ducts, poles, lines and wires, as well as for all uses specified in
~' the case of sewer easements;
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\~ ~~cv J I (4) Lake Maintenance Access Easements. (LMAE) are created for the use of
_~.tJ 'f -. WCW, the NP Corp., the Drainage Board and the Clay Township Regional Waste District
J\.\v. for the purpose of gaining access to the Lake and/or creek, the Lake and Creek Control
y thereof.
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\P 13. Enforcement. The NP Corp., any Owner or WCW 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 WCW 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 WCW, 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.
14. Amendments.
(a) Generally. 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 A
members cast at a meeting duly called for the purpose of amending this
Declaration; and
(2) WCW, so long as WCW still owns at least one (1) Lot;
(b) By Declarant. WCW hereby reserves the right unilaterally to amend and revise the
standards, covenants and restrictions contained in this Declaration
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during the period prior to its sale of all the Lots. Such amendments shall be in writing, executed
by WCW, and recorded with the Recorder of Hamilton County, Indiana. Buckhorn shall give
notice in writing to such Owners and Mortgagees of any amendments. WCW shall not have the
right at any time by amendment of this Declaration to grant or establish any easement through,
across or over any Lot which WCW has previously conveyed without the consent of the Owner
of such Lot;
(c) Effective Date. Any amendment shall become effective upon its recordation
in the office of the Recorder of Hamilton County, Indiana.
15. Interpretation. The underlined titles preceding the various paragraphs and
subparagraphs of this Declaration are for convenience of reference only, and
none of them shall be used as an aid to the construction of any provision of
this Declaration. Wherever and whenever applicable, the singular form of any
work shall be taken to mean or apply to the plural, and the masculine from
shall be taken to mean or apply to the feminine or to the neuter.
16. Duration. The foregoing covenants and restrictions are for the mutual benefits
and protection of the present and future Owners, the NP Corp., and
WCW, and shall run with the land and be binding on all parties and all Persons claiming under
them until 2025, at which 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
who are then the Owners of a majority of the Lots in the Real Estate.
17. Severability. Every one 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.
18. Non-Liability of WCW. WCW shall not have any liability to an Owner or to any
other Person with respect to drainage on, over or under a Lot or with respect to the completion of
the Residence in accordance with the Lot Development Plan's specifications. Such drainage shall
be the responsibility of the Owner of the Lot upon which a Residence is constructed and of the
builder of such Residence, and an Owner, by an acceptance of a deed to a Lot, shall be deemed to
agree to indemnify and hold WCW 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. WCW shall have no duties, obligations or liabilities hereunder except such as are
expressly assumed by WCW, and no duty of, or warranty by, WCW shall be implied by or
inferred from any term or provision of this Declaration.
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(ii) obtain injunctive relief to force the Owner to proceed with construction of a Residence per
19. Delay in Construction of Residence. 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 Owner fails to commence or complete construction of a Residence within the time
periods specified herein, or if the Owner should, without WCW's written approval, sell, contract
to sell, convey, or otherwise dispose of, or attempt to sell, conveyor otherwise dispose of the Lot
before completion of construction of a Residence on the Lot, then, in any of such events, WCW
may:
(i) re-enter the Lot and divest the Owner of title thereto by tendering to the Owner or to
the Clerk of the Circuit Court of Hamilton County the lesser of (a) the same net dollar amount as
was received by WCW from such Owner as consideration for the conveyance by WCW 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 ofthe Circuit or Superior Court o!,Hamilton County, Indiana;
(ii) obtain injuncture relief to force the Owner to proceed with construction of a
Residence per the terms of a Lot Development Plan which has been approved by the
Architectural Review Board upon application by such Owner; or
(iii) pursue such other remedies at law or in equity that may be available to
WCW.
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 Owner 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 (1 9), construction of a Residence
will be deemed 'completed' when the exterior of the Residence (including but not limited to the
foundation, walls, roof, windows, entry doors, gutters, downspouts, exterior trim, paved driveway
and landscaping) has been completed in conformity with the Lot Development Plan.
IN TESTIMONY WHEREOF, witness the signature ofWCW as of the date set forth above.
19
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WILLIAM'S CREEK WOODS, L.L.C.
By:
It's Manager: Ralph E. Akard
STATE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Ralph E. Akard, Manager of Williams Creek Woods, L.L.C., and he acknowledges that the
facts alleged in the foregoing instrument are true.
Witness my hand and Notarial Seal this _ day of
,2001.
Notary Public
My commission Expires:
, 2001. County of Residence:
3/21/2001
20
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, VINE&. BRANCH, INc9
Arboricultural Consulting
JUDSON R. SC01T
Registered Consulting Arborist #392
4721 E. 1W' St.
Cannel, IndIana 46033
Fax: 317-818-9865
Phone: 317-846-1424
Emall: Treeconsultant@aOl.com
Tree Preservation Plan
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For 3e~~~
Vlilliams Ereelc Woed. LLC ...
136'" and Springmill Road
Carmel IN 46032
Prepared By
Judson R Scott
Registered COnsulting Arborist #392
American SocIety of Consulting Arborists
March 20, 2001
Member: American SocIety of Consulting Amot ists, National ArborIst AssocIatIon, International
SocIety of Arboriculture, IndIana ArborIsts AssocIatIon, IndIanapolis Landscape AssocIatIon, and
IndIana Nursery and Landscape AssocIatIon.
.
~.
VINE" BRANCH, INc9
Arboricultural Consulting
JUDSON R. SCOTT
Registered Consulting Arbortst #392
4721 E. 1~ Street
Cannel, Indiana 46033
Fax: 317-818-9865
Phone: 317-846-1424
Emall: Treeconsultant@aOl.com
March 20, 2001
TREE PRESERVAnON PLAN
Assignment
On August 21, 2000 I met with David Morton, Jerry Huston, and Ralph Akard hereafter
called Williams Oeek Woods LLC, on the future development Site at 136th and Sprtngmlll
in carmel Indiana. We discussed the feasibility of developing the site while preserving as
many trees as possible. We toured the woodlands, the creek that runs through the
property and the perimeter roads. We found the site to be one that would allow for
development of wooded lot homes.
Williams Creek Woods LLC then asked me to put together some Ideas on tree
preservation, as they were greatly concemed about retaining as many trees as possible
during the process. We agreed to meet after they had purchased the property to discuss
tree preservation efforts further.
On March 1s'h, 2001 we met again to discuss the fubJre development now called The
Woods at Williams Creek. The development now has a set of working plans. We
disalSSed these plans at length and the possibility of preserving as many trees as
possible during the development and building stages. We also discussed Williams Qeek
which, flows throughout the site trying to determine which trees on It could be
preserved. We determined to use the East- side as the "Working side" for the Hamilton
COUnty SUrveyors ofIIce and we resolved to walk the aeek with a representative from
the surveyor's office to see If any trees on the East Side could also be preserved.
During both of my site visit and our con"e.:dton of Mardl1s'h, I have determined that
the Williams Creek Woods u.c group Intends to preserve as many of the mature trees
on the site as possible. They have also retained the services of Vine & Branch Inc. to
consult with them during this process.
They asked that I meet with the Urban ForesIer Mr. Scott Brewer to discuss a Tree
PreservatiOn Plan for the site and to address any of his concerns.
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The Williams Qeek Woods LLC. also, retained the services of Judson R Scott,
Registered Consulting Arborist #392 to draft and help Implement the following Tree
PreservatIon Plan.
Purpose of the Tree Preservation Plan
The purpose of this tree preservation plan Is to protect the mature trees on the site of
the future development.
Whenever there Is construction around trees there Is an Increased possibility of tree
failure due to the construction. Trees respond differently to the stress that comes with
consbuctlon. Our goal with this plan Is to minimize this stress wherever possible. We
Intend to protect the trees so that they will respond positively to the stress, which they
win encounter during the construction process.
There Is unfortunately no way to guarantee that certain trees will not die during or after
the process! There is always what we call the lone tree affect. This affect IS that a tree
that was part of a whole group of trees, after It has some of the group removed dies
due to the change In Its environment. ThIS IS an unfortunate sItuatIOn that happens.
WIth this plan we Intend to protect the trees from construction damage. We Intend to
especially protect the crttIcaI root zone of the root system from damage. We will suggest
various means to protect the trees and their roots during the process. Some of these
procedures wllllndude:
. The Installation of fencing to protect the critical root zone.
. Installation of slgnage for preservation zones.
. Pre-c::onstruct fertilization of key trees.
. Pre-c::onstruct root pruning of trees where root disturbance Is necessary.
. The Implementation of a watering program will be recommended.
. A tensiometer may be recommended for water regulation.
. Post construction vertical mulching may be rec:ommended to break up any soil
compaction that may have occurred within the root zone of the trees.
. A homeowner's manual should be dlafted and given to all potential homeowners.
Overall the trees as they exist now are In hannony with each other. They are shading
each other's roots systems and allowing other protection to each other. When you
tamper with a forest area there Is a lot of stress put on the trees that are to be
preserved. They are exposed to water disturbance, more sunlight than they are used to,
sunscald, root disturbance, 8mb removal, soli compaction and other disturbing factors.
Our goal Is to aid these trees wherever possible so as to Omit these sbessful fadDrs and
to aid the survival of the trees. Many of the procedures that we will recommend are to
limit stress to the trees.
There Is a classic misconception that roots are "as deep as the tree Is tall". They are not!
11Ie root system of most of the b'eeS throughout the property Is very shallow.
Jud Scott ReM 392
Project #WtllCkWcM)82100
Page 2
03/20/01
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It is generally within the first 12-18 Inches of the grade and a large majority of the
fibrous roots are with In the first 6-8 Inches of the soil. See attachment A for a sketch of
tree roots and their depth. It Is because of this fact that the Tree Preservation Planning
Is necessary.
Tree Analysis
This development Is primarily farm fields with fencerow trees throughout. There Is also a
creek that runs through the middle of the future development that has a good many
trees along It. The fence row trees are valuable to the development because they will
add sa eenlng to various lots and allow natural green space which will give the
development a natural woodsy feel. There Is a reforested woodlands In the middle of the
project that will allow for wooded lots but will need special attention and preservation.
The property has many of the "Fitly Trees of IndIana". This collection of trees Is a rare
find In this part of IndIana where lots have been picked over and forests desboyed.
These trees are Invaluable to the development, as they wID naturalize It Immediately.
The trees that surround the creek add a natural feel to the project. TheIr letentIon
should be a goal for the development They will attract animals and avian visItorS, which
wiD set the development apart from many of the developments In the surrounding area.
VI b ;'" rot ~:f~
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ntatIves I feel that we all are in
as a whole Is a priority. There Is an
ken will take Into consideration
Discussion
In talking with the Wiliams Creek: Woods LI.J
agreement that the preservation of the
agreement that the procedures that are to
that minimum root disturbance Is to take plate.
The site clearing and the consbuctlon process are the next steps to be undertaken. Each
of these steps pb5eS potential risk to the root system of the tree. Each of the foremen Is
to be made aware of the root system structure and our desire to preserve the tree.
Analty the next five years after mnstrudion present a window In which further care Is to
be undertaken. Tree preservation Is an ongoing effort. A written Post Construction Plan
should be prepared that will explain further steps to be undertaken in the tree
preservation process.
Iud Scott RCA# 392
Project #WIllCkWo-082100
Page 3
03120101
o
(,)
Tree Preservation Plan Particulars
The forest trees should be protected during the constructiOn process. The following
steps are suggested for their protection.
5peciftcations for Site a8ilring
1l1e following work must be accomplished before the construction occurs within the
drlpllne of tree:
1. The site contJaCtOr Is required to meet with the consultant at the site prior to ~
beginning work to review all work procedures, access and haul routes, and tree
protection measures.
2. The tree protection fendng Is to be Installed and proper "Do not enter" signs affixed.
3. The lot clearing that Is to be mmplelEd should be undertaken by qualified Arborists
and not by the demolitiOn or consbUdIon contractors. 1l1e ArborIsts should remove
the trees In a manner that causes no damage to the mabJre trees that are to
remain.
4. smaU trees to be removed within the tree protective zones shall be removed by hand
or with equipment sitting 0UISIde the tree protection~StumPS should be
removed by the use of a stump grinder so as to ca as root disturbance to
the remaining trees.
5. All trees shall be pruned In accordance with the ANSI Z-133 Guidelines and the ANSI ,Ij
A 300 standards. ~ available upon request. ~ r;u..se. btz ~ ~
6. Any damage to trees due to site clearing adMtieS shall be reported to the consulting
ArborIst ~hours so that remedial action can be taken. Timeliness Is attk:aI to
tree health. . d POcS ?
7. There Is to be no tree felled so as to touch the trees that are to remaI~nbs
that conflict with the aown of the remaining trees should be hand pru off
felling.
t1 8. There Is to be nothing roped off to the remaining trees during the site clearing
. process.
9. There Is to be no parking within the tree protective zone.
10. There Is to be no fuel storage or flDlng of equipment within the tree protective zones
Jud Scott ReM 392
Project #W'illCkWo-082100
Page 4
03/20101
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Pruning SpecifiaItions for Trees to be Preserved
1. The preserved trees should be pruned to:
a. clear the aown of crtSeaSed, crossing, weak, and dead wood to a minimum size
of 1 Inch in diameter;
b. remove stubs, cutting outside the branch bark collar as it Is defined In the ANSI
A 300.
2. Where temporary clearance Is needed for access, branches shall be tied back to hold
them out of the clearance zone.
3. All pruning shall be perfonned by qualtfted ArborIsts. All pruning shall be In
aa:ordance with the Tree Pruning GuIdelines (In1ematIona1 SocIety of Arborla.llture)
and/or the ANSI AJOO Pruning Standard (American National Standard for Tree Care
OperatIons) and adhere to the more recent edition of ANSI Z133.1.
4. InterIor branches shall not be stripped out.
5. Pruning cuts larger than 4 Inches in diameter, except for dead wood, shall be
avoided.
6. Pruning cuts that ecpose heartwood shall be avoided whenever possible.
7. No more than 20 percent of live foliage shall be removed within the trees.
8. While In the tree, the Arborlsts shan perfonn an aerial Inspection to Identify defects
that require treatment. Any additional work needed shall be reported to the
consultant.
9. Any lightning Proted:Ion system to be Installed In the trees should use the standards
set forth in the NatIonal ArborIst 1987 Guide and consulting the yet to be released
ANSI guidelines (copies avanable upon request).
Iud Scott ReM 392
Project #WillCkWo-082100
Page S
03120101
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Construction specifications
1. AI underground utllIles, downspouts or .. and landscape IIghIIng shall
be routed outside the tree protectiOn zone. In. Illy lines must aoss through the
protection area, they shall be tunneled or nder the tree.
2. No materials, equipment, spoil, or waste or washout water (especially concrete
equipment and tools) may be deposited, stored, or parked within the tree protection
zone (fenced area).
3. Additional tree pruning required for clearance during construction must be
perfonned by a quallf1ed Arborist;and ,do by constructIOn pus9AAeI.
4. Any herbicides placed under paving materials or In the foundation footings must be
approved by the Consulting ArborIst in writing and be safe for use around trees and
labeled for that use. Any pesticides used on site must be tree-safe and not easily
transported by water.
s. Any grading, construction, demolition, or other work that is expected to encounter
tree roots must be monitored by the Consulting Arbortst.
6. A tensIomeler should be Installed within the aItk:aI root zone to monitor the
moisture during the construction process.
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7. The preserved trees shall be Irrigated so thatJ"W111 receive one Inch of water per
week. Usually thiS Is a 1-2 hour drip IrrIgatIOn. The desired Irrigation shall wet the
soil within the tree protection zone to a depth of 30 inches.
8. Mulch should be added~ crIIc:aI root zone of preserved trees to keep the roots
from drying out due ;J;;dirnate that we are making for the tree.~ ,
~In a fon!st jlut~I!-1n lriII!5l'fon IQ a home'" ?{SIJ ~ ~~?
9. Before constructIOn the preserved trees shall be root pruned cutting all roots cleanly ~
to a depth of ten to eighteen Inches. Roots shall be cut by manually digging a
trench and OJttIng exposed roots with a saw, vibrating knife, rock saw, narrow
trencher with sharp blades, or other approved root-pruning equipment.
10. Any roots on preserved trees that are damaged during grading or construdkm
should be reported to the ConsultIng Arborisl They should be exposed to sound
tissue and cut cleanly with a saw.
11. SpoIl from the house foundation shall not be placed within the tree protection zone,
either temporarily or permanently. D: Is suggested that the spoil be placed In a space
away from the forest trees.
Jud Scott ReM 392
Project WdlCkWo-082100
Page 6
03120/01
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Consbud:Ion Spedfkations ContInued
12. No bum piles or debris pits shall be placed within the tree protection zone. No
~, debris, or garbage may be dumped or buried within the tree prot:edion zone.
13. Maintain flre-safe areas around fenced areas. Also, no heat sources, flames, IgnitIOn
sources, or smoking Is allowed near muldl or trees.
14. There Is to be no partdng within the tree protective zone.
15. There Is to be nothing hung from, attached to, or roped off to, the tree during
constructiOn.
16. There Is to be no storage of anything within the protective root zone.
COnclusion
The preserved trees are a valuable asset to the development. To plan a development
only to loose the trees would be aJ)lQc..AlI effort should be taken to preserve these trees
and all care should be tafen after the fact to help the trees deal with the stress that
they have undergone.
To Insure sua:ess the tree preservation project needs the cooperation of all contractors
Involved. The site cleaners, the site foreman, each individual construction worker, the
developer, the Consulting ArborIst, and the homeowner can all take aedIt If the
preservation project Is successfu~ to come as we all drive by the development
we can look up and say "Hey 1 had a part of that!"
We thank you all for your cooperation and CXJIbk:Jadtlon In this project. It Is at times a
nuisance to alter our plans to accommodate the trees but the benefits of these grand
trees are ours for years to come. We should all feel some pride as we watch these trees
continue to thrive In their new environment
1 a!Itify that all the ::d.db::mentS of fact In this Tree PreservatiOn Plan are true, complete
and coned: to the best of my knowledge and belief, and that they are made In good
faith.
03/20101
J
Regl Consulting Arbortst #392
Amertcan SocIety of ConsultIng ArborIsts
Iud Scott RCA# 392
Project #WlllCkWo-082100