HomeMy WebLinkAboutPacket 10-03-06
o
D
D
o
o
D
D
o
10
o
o
D
o
o
o
o
o
D
U
STEIN DEVELOPMENT GROUP
CLAY ESTATES
Primary Plat and Waiver Applications
Docket No. 06080007PP,06080008SW, 06080023SVV,06080024SWan d
06080025SVV
SUPPLEMENTAL COMMITTEE BROCHURE
City of Carmel
Subdivision Committee - October 3, 2006
Applicant: Stein Development Group
c/o Mike Stein 557-5753
Engineer: Schneider Corporation
c/o Gary Murray 826-7163
Attorney: Nelson & Frankenberger
C/o James E. Shinaver 844-0106
,~ ~
f\ Qj\J ~
',!;~/
D
D
o
D
o
o
o
o
iD
D
ID
,
D
D
D
o
U
o
o
D
TABLE OF CONTENTS
1.
Revised Site Plan - Depicting Tree Preservation Areas, Trees to Conserve,
and Buildable Area for Each Individual Lot
2.
Photographs of Conceptual Custom Homes
3.
Draft Language for Provisions to be Included in Covenants Conditions and
Restrictions of Clay Estates
4.
Copy of Bayhill Covenants
-'-
~
~
~
126th Street
N 89.39~53'~._._ w
~0~r" - . N 90"00'00" E ~
I ~V >()</~ 133.83' 1 I 00
1 z l(\.'^X" >/1 I'/'.." ""'''7 'V'..... ":< ,/] b
gJ ~ /x y "\ ~ 'j . t/"/',('><^/',,^>I /~-d 1 0
~ ~X"'yy,<,>/)\ ?-~1. 'A:,,;" >< /v'/v'yy'<..(")(>7'y,j 6 (f)
'Q::I~ 'y, ')( 'X '>\ 'v ~s6' ~Xy^)<^/'" >I x '< yi Q::I
I ~ L)<'>/X"'y, /<,/\ t.;) ro~ S7'O"~.f'v~<.x X()(>X >(/,.>11 <(
I w r'o,( 'X y^x x\ · @ 'it:.. ~,~ vy^>/ x '<Y /'~ z
g:IK<x>~<'X><.>,,5 (V. ~~<:;^>s~~~ 1<'Y~;>)/><Y5<j1 ~I
iwr'<'/y^X"'<'Y. yt"-' -r-....." '<- (J (t ~ x/' ,x/ "<1 >
Ii ~1~<x>~<0~<)R ~(y;<>(,?'(>;~ ~>~~~~~~:~~I ~
w 1('< XlOJ /-#'A X ~1 K x X X " X >v W ~<\/ y ,// >(~)<l l:l:!
o I ~~)t,23,331'<-.SF>/\~ l/</'LOT/(U:> 3('>:>) 0 (<y...).:ot< #><,2-'<../>,,110...
O' 1,/' /'( '/'v/-' '(' r"( v " , >: '" ~ o. v /19 :3Q5 SF(' /1
I") (;;1 r '<^>/ "/',X '/y ><1 t>/ >I ~5,4?0< ~I;: )<\.ol.o ~ ~<\/ v"t, 7 /'1 ~
~I ; ~'()(y2~<~x><>(>~ .w ~(~<X><<2(>~ g ~ ~x:>6k-fE1E~~~6jl ~ .EL
8 NI~' /x^y x.. '< / ><1 8 j..... r<' '<.. X >( /x>/< x", ~ .....:<.f7.'.~..:,2'--":>.- J>
^< x v ;( x. '( ~"o "! ;( ^ x ^ ,/yv.., Z U:: P-,\ IIv J
(f) Y v Y'" V >/ X 0 r-- ~='-<--",.s.~ --X-~ L'-J ----a-.' I 0
Iv >/' v.,/ \, ~ j. 1<).-- __. _ _-' ."_
I;' v:'<" / ~c-,...:.~____-o' c_-------.__ ------ ._-r---- _ . A
I v~~r~~=-=::r~:,~~~::f:--~-
! TREE PR i 100.~-
i '~-'-;-E 296.66
1___.\QQSl~--- N 83.42'56
D
I
A
-N-
I
0 25 50 100
I I
GRAPHIC SCALE
1" = 50'
LEGEND
~
~
Ii]
Q
r""-"''l
V ',/'.<t
IV VI
~/ , / '4
L'..c~:a:.J
BUILDABLE AREA
D
TREE PRESERVATION
LINE
~
e
MAKE PROVISIONS
TO CONSERVE
~
D
~
~
D
o
~
D
o
N 89.39'53" E
195.16'
TREE CONSERVATION
61
Q::.
.w <(I
~!
~ ~I
b (l!l. 20'
o ~I
z l:l:!.
~,
w.
g:,
":
"
N
I")
LOT # 1
51880 SF
N
I")
to
o
Il)
J
J
i
I
J
J
U
~
D
o
Q
D
~
IJ
D
i
&I...
II
i
o
J
~
~
J
J
J
I
J
J
:J
I
~
~
J
~
J
J
i
U
J
J
J
J
J
J
J
:I....,.
II
J
J
D
D
~
~
~
~
o
i
D
if~~ Jr-r
,... ~.
....'iII. . " '..
c/' ,; ,
J;.._ "~
.."
il,i':'!
D
D
U
U
U
U
U
U
U
U
D
D
U
U
o
U
U
D
U
CLAY ESTATES
SAMPLE CCR PROVISIONS
I.
Introduction
II.
Sample Provisions
A. City of Cannel Draft Residential Architectural Design Standards
B. Perimeter Bufferyard Preservation Area
C. Tree Conservation
D. Private Access Driveway off of 126th Street
E. Size of Residence
F. Temporary Structures
G. Driveways
H. Yard Lights
1. Storage Tanks
J. Mailboxes
K. Septic Systems
L. Water Systems
M. Vehic1e Parking
N. Signs
o. Fencing
P. Vegetation
Q. Nuisances
R. Garbage and Refuse Disposal
S. Livestock and Poultry
T. Outside Burning
U. Antennas and Receivers
V. Exterior Lights
W. Electric Bug Killers
X. Architectural Control
1. The Architectural Review Board
2. . Purpose
3. Conditions
Y. Miscellaneous Provisions
1
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
J
]
J
CLAY ESTATES
SAMPLE CCR PROVISIONS
I. Introduction
The developer, Stein Investment Group, (hereafter "Developer"), agrees to include in its
Covenants, Conditions and Restrictions for the Clay Estates subdivision (hereafter "Clay Estates
CCRs") the provisions below. However, the Developer shall also be permitted to include
additional provisions, as is necessary and in its sole discretion, to the Clay Estates CCRs and to
refine and adjust the language of the provisions set forth below. Typically, covenants, conditions
and restrictions are prepared and recorded with the Recorder's Office after obtaining primary and
secondary plat approval and upon completion of all site development work. Covenants,
conditions and restrictions are not typically recorded during the primary platting stage.
Consequently, the Developer must have the ability to add to the proposed Clay Estates CCRs
other relevant provisions that will govern the development, use and improvement of the lots and
structures within the subdivision, and to refine and adjust the language below. Further, because
there is an existing home on Lot 1, any existing conditions on Lot 1 that may be in conflict with
any of the provisions below, shall be deemed to be a permitted pre-existing condition. Finally, it
should be noted that many of the provisions below have been modeled after the Bayhill
Covenants, the subdivision that is adjacent to Clay Estates.
II. Sample Provisions
A. City of Carmel Draft Residential Architectural Design Standards. Attached hereto
and incorporated herein by reference as Exhibit "A" are the City of Carmel's Draft Residential
Architectural Design Standards (hereafter "Carmel Design Standards"). The Developer agrees to
include the Carmel Design Standards, in their entirety, into the Clay Estates CCRs.
B. Perimeter Bufferyard Preservation Area. Attached hereto and incorporated herein by
reference as Exhibit "B" is a map that depicts the perimeter bufferyard preservation area
(hereafter "Perimeter Preservation Area"). The Developer agrees to include in the Clay Estates
CCRs the Perimeter Preservation Area Map and the following language:
1. There are existing trees that are located within the Perimeter Preservation
Area and they shall not be removed by the Developer, any subsequent builder
and/or any subsequent owner for any reason, except as follows:
1. as is necessary to remove unhealthy underbrush, dead and/or diseased
trees, as determined in cooperation with and by prior written consent
of the City of Carmel's Urban Forrester;
11. as is necessary for the installation of drainage improvements and
infrastructure, including but not limited to the dry detention area that is
depicted on the site plan; and,
2
D
D
D
D
D
D
D
D
D
D
D
U
D
D
D
D
J
]
J
111. as is necessary for public health and safety, as determined in
cooperation with and by the prior written consent of the City of
Carmel's Urban Forrester.
2. In the event any trees are removed from the Perimeter Preservation Area for
any reason that is not set forth in paragraph B(1 )(i) through B(1 )(iii) above,
the person or entity removing such trees shall be required to replace the same
with trees of similar aggregate caliper and species within ninety (90) days
after the unauthorized removal is discovered, weather permitting, except for
any trees that are removed and/or destroyed and damaged by acts of God
and/or acts of Nature.
3. Except for required drainage infrastructure and improvements, including but
not limited to the dry detention area that is depicted on the site plan, no other
improvements, structures, buildings, patio areas and/or other similar structures
or improvements may be constructed or installed within the Perimeter
Preservation Area
C. Tree Conservation. Attached hereto and incorporated herein by reference as Exhibit
"B" is a map that depicts the proposed site plan for Clay Estates. Shown on Exhibit "B" are
three (3) trees denoted in red and designated as "Tree Conservation". For the three (3) "Tree
Conservation" trees the following procedures shall be implemented in an attempt to conserve
these trees:
1. Erect and maintain temporary fencing around these trees before starting site
clearing and remove this fencing when construction is complete. No storage of
construction materials, debris, or excavated material shall be permitted within
these fenced areas. No parking of vehicles, storage of construction equipment or
foot traffic shall be permitted within these fenced areas. These fenced areas shall
be maintained free of weeds and trash.
2. No excavation shall be permitted within these fenced areas.
3. Where excavation for new construction is required immediately adjacent to
these fenced areas, hand clearing and hand excavating shall be employed to
minimize any damage to the root systems of the trees to be conserved. The use of
narrow-tine spading forks, comb soil to expose roots, and cleanly cutting of roots
as close to excavation as possible shall also be employed.
4. Any exposed roots in such areas shall be covered with burlap and watered
regularly. Efforts shall be made to temporarily support and protect roots from
damage until they are permanently redirected and covered with soil.
3
D
D
o
o
o
o
o
D
o
o
o
o
o
o
o
o
o
o
D
5. Coat cut faces of roots more than I ~ inches (38mm) in diameter with an
emulsified asphalt or other approved coating formulated for use on damage plant
tissues shall also be employed.
6. Backfill with soil as soon as possible.
D. Private Access Drivewav off of I 26th Street. Access to the Clay Estates subdivision
shall be from a private driveway off of I 26th Street and this private driveway shall serve the three
(3) southern most lots within Clay Estates. The Clay Estates.CCRs shall include language
requiring a yearly assessment in an appropriate amount to establish a fund to maintain and
preserve this private driveway for the use of the Clay Estates residents. This private driveway
must remain open at all times to public access.
E. Size of Residence. 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
2,000 square feet if a one-story structure, or 1,400 square feet if a higher structure, but in the case
of a building higher than one story, there must also be at least 600 square feet in addition to the
ground floor area and the total floor area shall not be less than 2,400 square feet.
F. 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.
G. Drivewavs. All driveways shall consist of paved asphalt or concrete and maintained
dust free.
H. Yard Lights. If street lights are not installed within the interior portion of the private
access driveway off of 126th Street, then each owner or their builder shall install and maintain a
yard light in operable condition on his lot at a location, having a height and of a type, style and
manufacture approved by the Architectural Review Board prior to the installation thereof. Each
such yard 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.
I. Storage Tanks. Any gas or oil storage tanks used in connection with a lot shall be
either buried or located on a lot in such a manner that they are completely concealed from public
VIew.
J. Mailboxes. All mailboxes installed upon lots shall be uniform and shall be of a type,
color and manufacture approved by the Architectural Review Board. Such mailboxes shall be
installed upon posts approved as to type, size and location 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 sewerage collection system operated by
4
]
]
]
]
D
D
D
D
D
D
D
D
D
D
D
D
D
D
U
the City of Carmel or a successor public agency or public utility) shall be installed or maintained
on any lot.
L. Water Systems. No private or semi-private water supply system may be located upon
any lot which is not in compliance with regulations or procedures adopted or established by the
Indiana State Board of Health, or other civil authority having jurisdiction. Notwithstanding the
foregoing, an owner may establish, maintain and use an irrigation system and/or a irrigation
water well on his lot as long as the well does not adversely affect the use of any adjacent lot
within the Clay Estates subdivision.
M. Vehicle Parking. No camper, motor home, commercial truck, trailer, boat or disabled
vehicle may be parked or stored overnight or longer on any lot if it is located in such a manner
that it is visible to the lots that are adjacent to it in the surrounding Bayhill and/or Stonewick
subdivisions.
N.~. Except for such signs as Developer and/or builder may in its absolute
discretion display in connection with the development of the Clay Estates subdivision and/or
the sale of any lots therein, no sign of any kind shall be displayed to the public view on any lot
except that one sign of not more than four (4) square feet may be displayed at any time for the
purpose of advertising the property for sale or for rent, or may be displayed by a builder to
advertise the property during construction and sale.
O. 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 located in a landscape easement or is part of residence landscaping and
the prime root thereof is within four (4) feet of the residence. 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 if it would be visible from a street. In no event may any fence be erected or
maintained on ~y lot without the prior approval of the Architectural Review board, which may
establish design standards for fences and further restrictions with respect to fencing, including
limitations on (or prohibition of) the installation of fences in the rear yard of a lot and along any
dry detention area. All fences shall be kept in good repair.
P. Vegetation. An owner shall not permit the growth of weeds and volunteer trees and
bushes on his lot, and shall keep their lot reasonably clear from such unsightly growth at all
times. If an owner fails to comply with this restriction, the Board of Directors shall cause the
weeds to be cut and the lot cleared of such growth at the expense of the owner thereof and the
Clay Estates Homeowner's Association shall have a lien against the cleared lot for the expense
thereof.
Q. Nuisances. No noxious or offensive activity shall be carried on 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.
5
J
J
J
J
J
J
D
D
D
D
D
D
o
o
o
D
D
D
U
R. Garbage and Refuse DisDosal. 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 or such materials shall be kept clean and
sanitary .
S. 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 in such a manner that they will not be a nuisance.
Owners of dogs shall so control or confme them so as to avoid barking that will annoy or disturb
adjoining owners.
T. Outside Burning. No trash, leaves, or other materials 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 legal requirements.
u. Antennas and Receivers. Personal home satellite dishes shall be permitted, but shall
not exceed thirty (30) inches in diameter and shall meet all applicable local and FCC standards,
and prior to installation thereof shall be approved by the Architectural Review Board. In
addition, no other type of satellite receiver, down-link, or exterior antenna shall be permitted on
any lot without the prior written consent of the Architectural Review Board. Besides the
requirements above for home satellite dishes, unless consent thereto is granted by a majority of
the owners within the Clay Estates subdivision, the Architectural Review Board shall not give its
consent to the installation of any exterior television antenna if television reception is available
from underground cable connections serving the lot, nor shall it give its consent to the
installation of any other exterior antenna unless all owners of lots within the Clay Estates
subdivision consent in writing to the installation thereof.
v. Exterior Lights. Except for any path lights, swimming pool lighting, and garden
accent lighting, no exterior lights shall be erected or maintained between the building line and
rear lot line so ~ to shine or reflect directly upon another lot.
w. 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 only be operated when outside activities require
the use thereof and not continuously.
x. Architectural Control.
1. The Architectural Review Board. An Architectural Review Board consisting
of at least one (1) and no more than three (3), as shall be provided for in the
By- Laws for the Clay Estates Subdivision, shall be appointed by the Board of
Directors.
6
D
D
D
U
U
D
D
D
D
D
U
D
D
U
U
D
D
D
U
2. Purpose. The Architectural Review Board shall regulate the external design,
appearance, use, location and maintenance of the tract and of improvements
thereon in such manner as to preserve and enhance values and to maintain a
harmonious relationship among structures, improvements and the natural
vegetation and topography.
3. Conditions. Except as otherwise may be expressly provided for in the Clay
Estates CCRs, 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
Developer and/or builder to another 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 any owner other than Developer
and/or builder of (i) construction, erection or alteration of any residence, other
building, fence, wall, swimming pool, tennis court, patio, or other structure on
a lot or (ii) any plantings on a lot, a lot development plan with respect thereto
shall be submitted to the Architectural Review Board, and no residence, other
building, fence, wall swimming pool, tennis court, patio or other structure
shall be commenced, erected, maintained, improved, altered, made or done, or
any plantings made, by any person other than Developer and/or builder
without the prior written approval of 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 Clay Estates
subdivision, and no owner shall undertake any construction activity within the
Clay Estates subdivision unless all 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, "plantings" does not include flowers, bushes,
shrubs or other plants having a height of less than eighteen (18) inches.
Y. Miscellaneous Provisions. In addition to the provisions above, the Clay Estates
CCRs, will also have provisions, including but not limited to, the following:
1. Establishment of Articles, Bylaw and Consent of Directors for the Clay Estates
CCrs.
2. Establishment of a Board of Directors and Corporate Officers.
7
D
U
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
3. Establishment of an Architectural Review Board, including members, and policies
and procedures for standards of review.
4. Establishment of voting rights and procedures for HOA members and Board of
Directors members.
5. Establishment of any required Common Areas, Common Area Assessments and
Maintenance.
6. Establishment of Easements, including but not limited to, drainage and utility
easements, utility easements, sewer easements, common area easements and
landscaping easements.
7. Establishment of Assessment provisions, including but not limited to collecting
assessments and spending assessments.
8. Permission for HOA to purchase and carry comprehensive liability insurance,
casualty and/or restoration insurance.
H:\brad\Zoning & Real Estate\Stein\Clay Estates CCRS 092606.doc
8
u
o
D
D
o
D
D
o
o
D
D
D
D
D
D
U
J
J
J
RESIDENTIAL ARCHITECTURAL DESIGN STANDARDS
DRAFT
Intent
Structure and Desian Standards and Provisions
INTENT
The intent of these standards is to provide for high-quality, architecturally varied residential development
within the City of Carmel.
Its provisions require that all dwellings and neighborhoods, whether single-family, two-family, or
multifamily, be built to certain minimum standards.
STRUCTURE AND DESIGN STANDARDS AND PROVISIONS
Buildings shall maintain a consistent architectural style, in both form and trim, throughout. The
trim shall be present on all sides of the building, as appropriate. Appropriateness shall be defined
as utilizing features and forms that are considered typical to the chosen architectural style, and
shall be determined by staff review. All building elements are subject to the most current edition
of the Indiana Building Code.
A. WINDOWS
1. At least two windows shall be present on each fa~de, and each occupied level, as architecturally
appropriate. One window shall be permitted on half stories.
2. All windows, on all sides of the house, shall have trim as architecturally appropriate.
B. ENTRYWAYS
1. Entryways shall be clearly visible and shall be the dominant feature of the front fa~de, or the
side facade.
2. Porches shall be a minimum of six feet deep, and shall be provided where architecturally
appropriate.
C. CHIMNEYS
1. Chimneys shall extend fully to the ground, and above the eaves, if external.
2. Chimneys shall be made of masonry or stucco material or panels, or material with a similar,
durable appearance.
3. "Shed-style" or bump-out chimneys shall not be permitted.
D. GARAGES
1. Garages shall not be the dominant feature of the front fa~de.
2. If off-set or side-loading (courtyard loading), the fa~de facing the street shall have at least one
window.
3. The garage, if front-loading, shall comprise no more than 30% of the main front fa~de.
E. ROOFLlNES
1. Roofs shall have minimum 12" overhangs, on all sides of the structure, if architecturally
appropriate.
F. MATERIALS
1. If more than one material or color is used, the transition between materials and/or colors shall be
logical, Le. to highlight an architectural feature. If a material such as brick or stone is used on the
front fa~de but not the side facades, a logical transition with trim, such as quoins, shall be
provided. Vinyl siding, if used, shall not be less than 0.048 thickness. Aluminum siding shall not
be used.
EXHIBIT
i A
~
~
~
126th Street
N 89"39'53" E
r~~'~~O:O" - . ~
~Kxx')<)~ N 90'00'00" E ~
I t<)( ~</) . 133.83' I b
~r<x>:><y>'~ . ~O~^7~^r;:'Z)~' a
1=1 ~ y^x '<) :1 "'vx " )< xv" >,/ / I
~ ~ /vy/X -) ~")' /li'~6' t-<y~XvX>)<>(>>~ ~ (/)
tfi'V'<')</;,.('.>\ 4J oCC; S.10.eif,v~<v"'<"X<)(>;Vy\/,~1 <(
W >( y,>: V X\ . oltl 'jA-. :?J, V"y^>/ '< >/ )</'J z
IYlk y x'/,>: x'. -. S~ v, ,x>/ v >/) a
0... l/ X Y~'<vY >~)."."') R /;:<;.^ :?" ~ ~<)./'x ,/>< '^ )<j I i=
I" Y, /'< ^ ,)( ^.A Q:) _, 'y >~ "'J v X v / x <)< <(
WI )( ^ Y, /'<' /< Y, > I"" v -v-' -7'v " x'" , ~x >/ '..<.. '<. >/ >';....)~ >
~t.( Y,/ ^ >,/'<v^ 0 t::>,/,<";/,/v'\/ (,>: '<;( x '< (D JIEi
f- l/Xy^,/'/,x^x y{ I"',,^;/ >( v,YX'< )~ ~< Xxx>X >\{oci~'1 (/)i
W I(~< XL0J)ff ''-'4 X. ~ K \X Xl" ')<0 w ~<\/ '>: '/\: >(~<1 ~'
: 1>-,/,23.3'3f'SF)/\~ l/<)( 'co:( .>< 3(Y ~ . ( Y, ):.or.( #>(,2,.'<./>,~ 10...
a' 1,/' /'<' "y" '<' (,< v x ' >. ,,>~ o. < '19'395 sc"" /
I') ~r' ^ /v^/'/)/ x1 [>/ x"15,420<S~)< 0 v t x /' "v,f<)<v. W
o ~I /<)(>,/ X>/ x '< ) w '" >\ x X >/ /x )-'l) 0 O? ~< >, Y, /<)(^x\/~I ~
:'l :;: tX?':'>vy<)(/'l ' . G/>^')\/)-:Y~ g ~ ~'(>6k{'DETEN'TIOjJEREL
is Nll.Xxx~;/yy\>(/J g ~ ~;(Y0/x\(~<,>d z ~ ~<fZ~~'-"]-" J'
(/)1 ry v y,^ v >/ )<10 I'- ~='.!--'L~-1L~.L.'-l ~----a-l" ~
I>' ;/' '<;/ ~~ j " . 10,- _---_ ---_. .__ ~__ . \ ._
~~ y~~~::~~~::::.-:~- ~=====------===~.--~-----:--=-~p--:~----_.~
I ~ \~:;;:~rfc~~A;'~~~:=-:~. ~~
L . ~- .. E 296.66
_~ N 83"42'56
D
I
4
-N-
I
0 25 50 100
I I
GRAPHIC SCALE
1" =50'
LEGEND
~
~
D
~
r;\:y-'4
I y VI
~/ , / '4
L'..:~::.:'...J
BUILDABLE AREA
~
TREE PRESERVATION
LINE
~
e
MAKE PROVISIONS
TO CONSERVE
~
D
D
J
J
~
I
J
J
N 89"39'53" E
195.16'
i51
IY.
~ <tl
~~.
~ ~I
b tl!j. 20'
a tfil
z~
I~I
g:1
TREE CONSERVATION
I'-
"
N
I')
LOT # 1
51880 SF
N
I')
to
a
L!)
i!
D
D
J9
EXHIBIT
~
J '.
J.
].
].
J.'-
J
.1
J
D
D
U
i "
U
U
D
D
i
D:
,
D.;
D,...
,.
~ ;
,
,,;
OJ;
.,
.j
crz..S 20~ )
StrPPI.EHEli1DL taECI.ARA1'IOB 01'
COVE!Q1I'rS AKD RESD%c:e1'%OHS
~OD
-.
. . :'. I
. ..
. w
9: DEe 31
.11\ 5
"IU ; D
BADnaL
This Supplemental Declaration, dated as O"fi. tJUl. lS'th day ot
December, 1992 , :by WAn::RS'1'ONE LAND COMPANY, 'l; ~7 . wi 1 'oIan:.lJIndiana
limited partnership,
. % ~ . B 8 S Z 8 1'. ~ 1':
WHEREAS, the fOllowing facts are true:
A. Declarant is 'the sole owner of the tee simple title to
the real estate located in Hamilton County, Indiana, more particu-
larly aeser-iDee! in Exhibit A attached hereto and incorporated.
herein :by this reterem:e.
B. ~is Declaration is a Supplemental Declaration as that
te:m is def inea in the Declaration of Covenants and Restrictions.
c. Declarant intend.s to subcU vide the Parcel into Lots upon
each. o~ which a Residence 1II2lY be constructed.
NOW, 'I'HEREFORE, Declarant hereby makes 'this Supplemental
Declaration as follows:
1. De~ini~ions. Words, phrases and. terms 'that are defined
in the Declaration of Covenants and Restrictions have the same
meanine; in this SUpplemental Declaration except as herein otherwise
providec:l. The followine; words, phrases anc! terms, as used in this
Supplemental Decl.aratioft, unless the ccntex1t clearly requires
otherwise, m-..n the fcllowiDq:
.Declara~ion o~ e~enan~s and Res~~i~ions. means
'the Declaration of COVeDants and Restrictions of Water-
s'tone dated as of December 15, 1992 and recorded in the
Office of the Recc~er of Hamilton County, Indiana as
Inst:rwllent N~er _&;? A<' P_, as amendecl from time to
time.
"Bayhill. means 'the Dame ))y which the Parcel shall
lHa 1cD0WIl.
w1&2:. means a. n1Dacically desiqnatec! subcU. vi4ed
parcel of land clepictecl em a Plat.
.owne~. means any Persoll, includinC; Declarant, who
at any time owns the tee simple t1 tle to a Lot.
j.
J
J..
J
J-
J
J
J
]
D
D
D
D
D
D
.
D
,
o
o
.
d
"Parcel" means that part of the real estate de-
scribed in Exhibit A which is subj ect to the covenants,
restrictions, easements, charqes ana liens imposea by the
Declaration of Covenants and Restrictions.
"ElA:t" means the seconclary plat of a Section wi thin
the Parcel.
"Section" Ileans that part of the Parcel which is
depicted an a Plat:
"Tract" means the real estate, includinq the Parcel,
that is s\11:)j ect to the covenants, restrictions, ease-
ments, c:harqes and liens imposed by the Declaration of
Covenants and Restrictions.
2. Deelara't:ion. Declarant hereby declares that, in aaaition
to the covenants, restrictions, easements, charqes and liens
imposed by the Declaration of the Covenants and Restrictions, the
Parcel shall be held, transferred, sold, conveyed ana occupied
subj ect to the Declaration of COvenants and Restrictions and
subject to the covenants, restrictions, easements, charqes and
liens hereinafter set forth.
3. Land Use. Lots may be used only tor residential purposes
as proviaed in tDe Declaration of COvenants ana Restrictions. No
portion of any Lot may be sold or s\11:)ai vided such that there will
be thereby a qreater number of houses in a Section than the number
of oriqinal Lou shown on a Plat of such Section.
4. Construction of Residences.
Ca, Lot Develoament Plans. Prior to commencement
of any construction on a Lot, a Lot Development Plan
shall be submitted to the Architectural Review Board in
accordance with the requireJllents of Paraqraph 14 of the
Declaration of Covenants and Restrictions. ':he Archi tec-
tural Review Board may require as part of a Lot
Development Plan a report of a subsurface soils
investiqation of the Lot made by a qualified soils
enqineer, which report shall include recOJlllllen4ations for
the foundations of the proposed Residence. Each owner
shall comply w~th the tenIs and provisions of Paraqraph
14 of the Declaration of COVenan'ts and 1les'trictions and
the requireJllen'ts of the Architectural Review Board estab-
lished pursuant 1:0 the au1:hori ty granted by the
Declaration of covenants and Restrictions..
(b) Size of Residence. Except as otherwise
prcvidecl herein, no residence may be constructed on any
Lot unless such Residence, exclusive of open porches,
...
.2.
I.
f
attached qaraqes and basements, shall have a qround floor
area of 2,OOQ square feet if a one-story structure, or
1,400 square feet if a hiqher structure, but in the case
of a buildinq hiqher than one story, there must also be
at least 600 square feet in addition to the ground floor
area and the total floor area shall not be less than
2,400 square feet.
(c) 'l'e!lmorarv structures. No t:r'ailer, shack, tent,
boat, basement, garaqe or other outbuildinq may be used
at any time as a dwellinq, temporary or, permanent, nor
may any structure of a temporary character be used as a
dwelling.
J
J
J
]
J.
J
J
U
,
,
D
.0-
o
D
D
D
U
D
D
(d) Buildina Location and Finished Floor Elevation.
No build.inq may be erected between the build.inq line
shown on a 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: provided that the aqqreqate of
side yard. shall not be less than twenty-five (25) feet.
A minimum finished floor elevation, shown on the
development plan far each Section, has been establish.ed.
for each Lot and no finished floor elevation with the
exception of flood protected basements shall be con-'
structed lower than said minimum without the written
consent of the Architectural Review Board. Demonstration
of adequate storm water drainaqe in conformity with both
on-Lot and overall project drainaqe plans s)1&ll be a
prime requisite far alternative finished floor eleva-
tions . Before construction commences, the finished floor
elevation shall be physically checked on the Lot and
certified by a licensed professional enqineer or a
licensed land surveyor.
ee) Drivewavs. All driveways shall be paved and
maintained dust free.
(f) Yard Licrhts., If street liqhts are not. in-
stalled in the Parcel, then each OWner or his builder
shall install and maintain a liqht in operable condition
an his Lot at a location, havinq a height and of a type,
style and manufacture approved by the Architectural
Review Board prior to the installation thereof. Each
such light fixture shall also have a bulb of a maxi.mum
wattage' approved by Architectural Review Board to insure
uniform illmaination on each Lot and shall, be equipped
wi1:h a photo elect:ric cell or similar device to insure
automatic illumination from clusk to dawn each day.
-3-
J.
J
J.
J
J-
J
J.
J
U
I
U
I
U
I
U
U
D
o
U'
u:
Uj
lJ
(g) Storaae Tanks. Any gas or oil storage tanks
used in connection with a Lot shall be either buried or
located in a R.esidence such that they are completely con-
cealed from public view.
(h) ConS'truction and Landsca1:)ina. All construction
upon ,landscaping of and other improvement to a Lot shall
be completed strictly in accordance with the Lot
Development Plan approved by the Architectural Review
Board. Alllandsca~ing specified on the lanciscaping plan
approved by the Architectural Review Board shall be
installed on the Lot strictly in accordance with such
approved plan within thir1:y (30) clays fallowing
substantial completion of the Residence unless the Board
agrees to a later lanc:1scapinq campletian date. Unless a
delay is caused by strikes, war, court injunction or acts
o~ Gocl, the owner of any Lot which on the date of
purchase from Declarant is not improved with a Residence
shall commence construction of a Residence upon the Lot
wi thin three (3) years from the date the owner acquired
title thereto and. shall complete constructian of such
Residence within one (1) year after the date of
cammencement of the building process, but in no event
later than faur (4) years after the date the owner
acquired title ta 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 cOJlDllence ar complete construction of a Residence
within the time periods specified herein, or if. the owner
should, without Declarant · s written approval, sell,
contract to sell, convey, or otherwise dispose of, or
attempt to sell, convey ar otherwise dispose of, the Lot
before completion of construction of a Resicience on the
Lot, then, in any of such events, Declarant may:
.
(i) re-enter the lot and divest the
owner of title thereto by tendering to the
owner or ta the Clerk of the Circuit Court of
Hamilton Caunty the lesser af (i) the same net
dollar amount as was received by Declarant
from such owner as consideration' for the
conveyance by Declarant of the Lot, together
with such actual costs, if any, as 'the owner
may prove to have been incurred. in connection
wi tb the cOllDlencement of construction of a
Residence on 'the Lot anel (ii) the 'then fair
market value of the Lot, as determined by
averag1ng two (2) appraisals macie by qualified
appraisers appointed by 'the Juclqe of the
Hamilton Coun~ Circuit or Superior Court;
-4-
J
J
J .
l
J
J
J
J
U
iD
I
i
!O
,0
iO
I
D
D
o
U
o
.
o
(ii) obtain injunctive relief to torce
the owner to proceed with construction at any
Residence, a Lot Development Plan tor which
has been approved by the Architectural Review
Board upon application by such Owner; or
(iii) pursue other remedies at law or in equity as
may be available to Declarant.
The failure cSf the owner of a Lot to apply for
approval of, or recei va approval fram, the Architectural
Review Board of a Lot Development Plan shall not relieve
such owner :fram his obliqatJ.on to commence and complete
construction of a Residence upon the Lot within the time
p"erioclsspecified herein. For the purposes of this
subparaqraph (h), construction of a Residence will be
deemed "completed" when the exterior of the Residence
(inclucling but not limited to the foundation, walls,
roof, windows, entry doors, qutters, downspouts, exterior
trim, paved clriveway and lanclscaping) has been completed
in conformity with the Lo~ Development Plan.
(i) Mailboxes. All mailboxes installed upon 'Lots
shall be uniform and shall be of a type, color and
manufacture approved by the Architectural Review Board.
SUch mailboxes shall be installed upon posts approved. as
to type, size and. location by the Architectural Review
Board..
.
(j) Set)tic SVstems. No septic tank, absorption
field or any other on-site sewage d.isposal system (other
than a lateral main connected. to a sanitary sewerage
collection system operated. by the City of carmel or a
successor public agency or public utility) shall be
installed or maintained on any Lot.
(k) Water Svstems. No private or semi-private
water supply system may be located upon any Lot which is
not in compliance with regulations or procedures ad.opted.
or established by the Indiana State Board. of Health, or
other civil authority bavinq jurisdiction. To the extent
that dOJllestic water service is available from a water
line located within 200 feet of the lot line maintained
bya put1lic or private utility company, each owner shall
connect to such water line to provide water for damestic
use on the Lot and. shall pay all connection, availability
or ether c:harqes lawfully established with respect to
connec:ioDII thereto. Hotwi ths'tandinq the foregoinq, an
owner may establish, maintain and use an irrigation wa1:er
well on his Lot as lonq as the well does not adversely
affe~ the no~l pool level of any Lake.
.5-
j
J
j...
J
J-
]
]
]
o
10
I
I
tU
U
!O
D
D
o
o
o
u
(1) Drainaae. In the event storm water c1rainage
from any Lot or Lots flows across another Lot, provision
shall be made by the OWner of such Lot to permit such
.c!rainaqe to continue, without restriction or reduction,
across the downstream Lot and into the natural drainaqe
chaDnel or course, a1 thouqh no specific drainaqe easement
for such flow ot water is provided on the Plat. To the
extent not maintained by the Drainaqe Board., nOrainaqe
Easements" reserved as drainaqe swales shall be main-
tained by the OWner- of the Lot upon which such easements
are located such that water trom any adjacent Lot shall
have adequate drainaqe alonq such swale. Lots within the
Parcel may be included in a leqal drain established by
the Orainaqe Board. In such event, each Lot in the
Parcel will be subject to assessment by the Orainaqe
Board for the costs of maintenance ot the portion of the
Drainaqe System and/or the Lakes included in such leqal
drain, which assessment will be a lien aqainst the Lot.
The elevation of a Lot shall not be chanqed so as to
~fect materially the surface elevation or qrac1e of
surrounding' Lots. Perimeter foundation drains, sump pump
drains and downspouts shall not be outlettec1 into streets
or street ri9h~-of-way. These drains shall be connected
whenever feasible into a subsurface drainaqe tile. Each
OWner sball maintain the subsurface drains and. tiles
located on his Lot and shall be liable for the cost of
all repairs thereto or replacements thereof.
s. Maintenance o~ Lo~s.
(a) Vehicle Parkina. No camper, motor home, truck,
trailer, boat or disa.bled vehicle may be parked or stored
overniqht or lonqer on any Lot in open public view.
(b) Siems. Except for such siqns. as Declarant may
in its absolute discretion display in connection with the
development of Waterstone or the Parcel and the sale of
Lots therein and such siqns as may be located on the
Communi ty Area, no sign of any kind shall be displayed to
the public view on any Lot except that one sign of not
more than four (4) square feet may be displayed at any
time for the purpose of advertisin9 the property for sale
or for rent, or may be displayed by a builder to
aclvertise the property clurinq construction and sale.
(c) Fencincr. No fence, wall, hedqe or sb.ru.b
plantinq higher than eighteen (~8) inches shall be
parmi tted be'tVea the front property line and. the front
builc:1inCJ set-back line except where such plantinq 1s
located on a Landscape Easement or is part of Residence
'lanc:lscap1nq and the prime root thereof is within four (4)
-6-
1
J
J
J-
J
J
J
J
D
U
P
i
D
!
D
U
D
D
D
U
feet of the Residence. Trees shall not be deemed
II shrubs" unless planted in such a manner as to constitute
a "bedge". No chain link fence'shall be erected u~on a
Lot if it would be visible from a street. No fence shall
be erected or maintained on or within any Landscape
Easement except such as may be installed by Declarant and
subsequently replaced by the Corporation in such manner
as to preserve the uniform! ty of such fence. In no event
_yany fence be erected or maintained on any Lot without
the prior approvar of the Architectural Review Board,
which may establish desiqn S't:anc:larc:ls for fences and
further restrictions with respect to fencinq, including
limitations on (or prohibition of) the installation of
fences in the rear yarc:l of a Lot and along the bank of
any Lake. All fences shall be kept in gooc:l repair. No
fence, wall, bedge or shrub planting which obstructs
sight lines at elevations between two C 2) and six C 6)
feet above the street shall be placed or permitted to
remain on any corner lot within the trianc;ular 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 or alley line. No tree shall be
parmi tted to remain wi thin such distances of such
intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight
lines .
Cd)' Veaetation. An owner shall not permit the
growth of weeds and volunteer trees and bushes on his
Lot, and shall keep his Lot reasonably clear from such
unsiqhtly growth at all times. If an owner fails to
comply. with this Restriction, the Boarc:l of Directors
. shall cause the weeds to be cut and the Lot cleared of
such growth at the expense of the owner thereof and the
Corporation shall have a lien against the cleared Lot for
the expense thereof.
ee) Nuisances. No noxious or oftensive activity
shall be carried on 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
consti bte a nuisance.
ef) Garbaae and Refuse Dis~osal. No Lot sball be
used or maintained as a clumping ground for trash.
RGbish, qarbage or other waste shall be kept in sanitary
containers out of public view. All equipment for storaqe
or disposal of such materials shall be kept clean and
sanitary .
.,.
j
J
J
J
J
J
J
J
J
D
D
to
I
o
!
I
o
D
D
U
D
U
-
(q) Livestock and PoultrY. No animals, livestock
or poultry of any kind shall be raised, bred or kept on
any Lot, except that doqs, cats or other household. pets
may be kept provid.ed. that they are not kept, bred or
maintained for any commercia.l purpose. The owners of such
perm! tted pets shall confine them to their respective
Lots such that they will not be a nuisance. . OWners of
doqs shall so control or confine them so as to avoid.
barkinq which will annoy or disturb adj oininq OWners.'
(h) outsideBurnin~. No trash, leaves, or other
materials 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 leqal requirements.
(i) Antennas and Receivers. No satelli1:e receiver,
down-link or exterior antenna sha.ll be parmi tted on any
Lot without the prior written consent of the Archi. tectur-
al Review Board. Unless consent thereto is qranted by a
majority of the owners, the Architectural Review Board
shall not qive its consent to the installation of any
exterior television antenna if television reception is
. available from underqround cable connections servinq the
Lot, nor shall it qive its consent to the installation of
any other exterior antenna unless- all OWners of Lots
within 200 feet of the Lot upon which the proposed
antenna would be erected consent in writinq to the
installatioll thereof. No satellite receiver or. down-link
approved by the Architectural Review Board shall be
located on a Lot in such a manner as to be visible at
ground level frOll a public way or frOll any other Lo1:.
(j) Exterior Li~h1:s. Except for Path Liqhts, DO
exterior liqh't:s shall be erected or maintained between
the buil4inq line and rear lot line so as to shine or
reflect. directly upon another Lot.
(k) :EleC't:ric Bu~ Killers. Zlectric bug killers,
It zappers" and other similar devices shall not be in-
stalled at a location or locations which will result in
the operation thereof becomil'lq a nuisance or ilDDQyance to
other owners and shall only be operated when outside
activities require the use thereof and not continuously.
6. c:eneral C01IDIlUni tv Rules. Each Lot shall be subject to
the guidelines, rules, regulations and procedures adopted by the
Architecbzral Review Board pursuant to Parafiraph 16 (a) (iii) df the
Declaration of COvenants and Res1:rictions, anc! each owner ot a Lot
shall at all times ccmply therewith.
-8-
[
J
J
J
J-'
J
J
J
J
o
U
u
P
to
U
U
U
U
U
7 . Assessments. Tbe Board of Directors may make Assessments
to cover any costs incurred in enforcing these covenants or in
undertakinq any 'maintenance 'or other activity that is the
responsibility of the OWner of a Lot hereunder but which such Owner
has not undertaken as required bereunder. Any such Assessment
shall be assessed only aqainst those owners whose failure to comply
with the requirements of these covenants necessitated the action to
~orce these covenants or the undertaking' of the maintenance or
other act.i vity.
8. Enforcement. ':he riqht to enforce each of the foregoing
Restrictions by injunction, toqether with the riqht to cause the
removal by due process of law of structures erected or maintained
in violation thereof, is reserved to Declarant, the corporation,
the Architectural Review Board, the owners of the Lots in the
Parcel, their heirs and assiqns, and to the Zoninq Authority, their
successors and assiqns, who are entitled to such relief without
beinq required to show any damaqe of any kind to Declarant, the
Corporation, the Architectural Review Board., any owner or owners,
or such Zoning Authority by or throuqh any such violation or
attempted violation. Under no c1rcwastances shall Declarant, the
Corporation or the Architectural Review Board be li&):)le tor damaqes
of any kind to any Person for failure to abide by, enforce or carry
out any provision or provisions of this Supplemental Declaration.
'!'here shall be no riqhts of reversion or torteiture of title
resulting from any violations.
9. Severabil! ty. Xnvalidation of any of these covenants and
restrictions or any part thereof by judgment or court order shall
not affect or render the remainder ot said covenants and restric-
tions invalid or inoperative.
10. Ron-Liability of Declarant. Declarant shall bave no
duties, obliqations or liabilities bereunder except ~uch as are
expressly aSS1Dled by Declarant, and no duty of, or warranty by,
Declarant shall be implied by o'r inferred from any term or
provision of this Supplemental Declaration.
11. General Provisions. '!'his Supplemental Declaration may be
amended at any time in the JII&1'm&r provided in ParaqraPh 23 of the
Declaration of CCVenants and Restrictions except that no amendment
adopted pursuant to Paraqrapb 23 (a) of the Declaration of Covenants
and Restrictions shall be effective as aqainst a Hortqaqee wbo
subsequently acquires title 1:0 a Lot unless approved by at least
two-thirds (2/3) of 'the Hortqaqees who hold first mortqaqes on 'the
Lots in the Parcel (based on one vote far each tirst mortqage
ownect) or at least twa-1:hirc1s (2/3) of the ,OWners of the Lots in
'the Parcel (excluc!inq Declarant).
Except as the same may be amended from time t:o time, the
faregainq restrictions will be in full farce and effect until
-9-
J .
J
J
J
J....-
J
]
J
J
D
U
U
U
U
U
U
U;
D~
.;
U~
January 1, 2023, at which time they will be automatically extended
for successive periods of ten (10)". years, unless by a v~te of the
majority of the then OWners of Lots in the Parcel it is aqreed that
these Restrictions shall terminate in whole or in part.
%N wrrNESS WHEREOF, this Supplemental Declaration has been
executed as of the date first above written.
-'
WATERS'l'ONE LANt) COMPANY, L. P .
By /J~
, Ge~e P. Sweet
Gen9r'al Manaqer
STATE OF INnIANA
COtrN'l'Y OF KARION
)
) SS:
)
Before me, a Notary Public in and for said County and State,
personally appeared Georqe P. SWeet, the General Manager of
Waterstone Land Company, L.P., an Indiana limited partnership, who
acknowleciged execution of the foreqoing Supplemental Declaration of
Covenants and Restrictions for and on behalf of said partnership.
WI'l'NESS my hand and Notarial Seal this .ii.L day of December,
1992.
~1fI.J~~ m
N~~lic
)~
Residinq in
county
My cammission Expires:
'Yn .h.J' .~ 'I' /4 'i~-
, I
This instrument prepared by 'l'om Charles Huston, Attorney at Law,
1313 Merchants Bank Bldq., 11 S. Mericlian st., Inc:lianapolis,
Indiana 46204.
'l'CRIllIIlII6
.10.
J. .
J
J 0"
J :.
J;....-
J.
j
j.
J
D
U
D
D,
0,
D
0"
U'
0:
Ul
u.tlUSrr A
Laud Description. BayhW
Part or SectIon 33, TOWIISbip 18 North, Raage 4 East ID Hamilton County, IudlallD, being
described as lollows:
-
.11"""".... at the ~11b.....A. comer or said SedIoD 33; tbeDce OD an assamed be:ariDa 01
South 00 degrll!J 18 mbnates 3% secoads East aIolII tbe west IIDe or the northwest quarter
01 said Sec:tioa 33 . dlstaace or %640.00 leet to . raIInaad spike at the 10"&"'_'1 comer of
said Dodh......... quarter sec:tioa; tbeDce North 8' d.. I !f 44 mbmtes 51 seconds East .
dlsDmc:e ot 374.23 leet tD . 1- IraD pipe;
thence North 04 dep-..J. 37 mbmtes 40 seconds East a dlstaDce or 124.62 leet;
tbeace North" dsp_ 55 mbmtes 31 secoads East a dlstaDce ot 78.0 teet; thence North
40 degl __ 00 mbmtes 00 secoads East a dJstaDce ot 50.00 teet;
thence North 00 d._ 00 mbmtes 00 seconds East a dlstaDce or 70.19 leet;
tbeace North 26 dsp~ Z3 mbmtes 08 secoads West . dlstaDce or 151.5' feet;
thence North 00 d.~ 00 mbmtes 01 secoDds East . dlstuce 01 103.30 leeI;
tbeace North 12 dep_ 00 mbmtes 00 secoads East a dlstaDce or 1l'-2f leet;
thence North " d.~ 00 mbmtes 00 seconds East a dlstaDce ot 4'-34 leet;
theDce North 07 dep ~ 14 mbmtes 11 seconds East . distance or 156.02 feet;
thence North 1% d.-..oJ 00 mbmtes 00 secoads East . dlstaDce or lZL 711eet;
tbem:e North Z3 degr... 55 mlDutcs 38 seconds East . dJstance or 175.63 leet;
thence North 43 dep-' Z3 mbmtes 5' seconds East . dl~ftce or 183.811eet;
thence North 76 degl_ 1% mbmtes 08 seconds East a dJstaDce ot 18735 leet;
thence South 72 d.~ 14 IIIbnates 38 secoDds East a dJstance ot 3G5.a leet;
thence Soutb 30 d. -140 mluub OZ seamds last a dJstaDce of 199.40 feet;
thence Soutb 06 d~~ 30 mb.ub 54 seconds last a dlstaDce of 135.17 feet;
tbence South 00 d~_ 00 1lliDbtc. 00 seconds last a dlstaace of 114.83 feet;
tbeDce South 47 dep_ 00 mbmtes 00 secoRds West a distance ot %55.18 leet;
thence South 00" d~-.a 00 mbIDtes 00 seconds East a distance ot 317.00 leet;
theDce South Z5 dep~ 00 mbmtes 00 secoads East a dlstaace ot 11.3% leet;
thence North 72 d~~ 00 mbIDtes 00 secoads East a dIstaace ot 131.311eet;
thence North 80 d~~ 00 IlllDutd 00 seconds East a d~'II!ce ot D4.24 leet;
theace South 38 d+_ 00 ml~..tld 00 secaads East a d1e&-ce or 13'.8% leet;
tbeDce North 77 d~ I!I 31 mh,..te. 41secoDds East a dlsbmce or 203.58 teet;
tbeDce North 00 d~_ 00 mbmtes 00 seconds East a dlstuce or 244 15 reet;
tbeace North ,. d.~ 00 mbmtes 00 secoads East . dlsamce of 80'.26 feel;
tbtmce North 12 d.~ 00 mbmtes 00 secoDds West a dlstaace of 144.15 leet to the pobd
or c:anatare ot a c:une ......... a ndIas ot S75.OO feet, the radlas polDt otwbJcb bean Noltb
78 d.~ 00 mbIIItes 00 --.II East; theDce aortberly aIoDc said CIII'ft aa arc d~ee
of 160.57 feet tD a pobat wblch bean North 86 d... 00 IIIbIIItes 00 secaDds West from
said radius polDt; tbeace North 04 d.....u 00 mbmtes 00 secaads East a distance of 155.23
feet to tbe polDt of CIIl'fttDre of a cane ba.ml a radlas of 315.00 leet, the radius poiDt of
which bears North 86 decrees 00 mbmtes 00 sec:oads West; tbeDce DOrtberty alalll said
1
j
J--
J
J
J
J
J
U
U
U
U
U
U
U
U
U
cane an arc dlstaDce ot 85.08 'eet to a point which bears North 81 degrees 00 mimltes 00
seeoads East from said radius polDt; tbeDc:e North 0' lisp -J GO miDutes 00 secoDds West
a dlstaDce 0199.81 'eet tD point of CIIl'fttan or a CIII'ft baYiDg a radius or 275.00 feet, the
radius poiDt of wbIc:h beanSoatb 81 d.~ 00 miDates 00 seconds West; thence
_&1h...~ along said CIIm! aD arc distance of 104.56 leet tD a poiDt whk:h bears North
59 deg1-i 12 miu..1ca 57 secoads East from said radius polDt; thence North 54 degl~ 00
miDates GO seconds East a dJft-1lI1:e of 17:J:1 leet tD the ,obit of Clll"fatDre of a cane bnIng
a radlas of %75.00 leet, the ndln. PoIDt 01 wbIch bears North 36 degr~ 00 mbnates 00
secoads West; tbeDce DOI'tbeaterIy aIoag said CIII'ft au arc distance of 29.111eet to a
polDt wIdc:b bean North !PO d+ ! r.OO llliuutcs 00 seconds East from said radius pobd;
theDce North . d~ Iff 00 mIDates 00 secoads East a clJstaDce of 60.00 feet; tbeDC:e North
,. dsp-J. 00 mIDutes . _ads East a dIstaDcie of S.oIIeet tD . point dlstaDt 12.60 leet
east of tile east Ibae of the JIOI'thwest quarter of said section; thence North DO d.~ 18
miDates %7 seconds West parallel with said east line a dlstaDce of I1L5O leet; thence South
I' lIep~ 3' mbnltes 53 secoads West panIIeI with the BOrth line of said DOa1h...GA
quarter section a dIstaDc:e of30.60 feet tD a polDt dlPant 1&00 leet west of the east IlDe 01
_II DOdh........t quarter section; theDce North 80 dS#..u 18 miDates rr seconds West
paraDe! with said east JIDe a dJart-nce 01513.17 'eet; tbeuce Soatb 83 dsCI~ 42 mbnltes
56 secoDds West a dlstaDce 01 %96." leet tD a SIr rebm; thence North 00 d*-A. 20
miDates 04 seconds West a distance of 24Ulleet; tbeDc:e North 00 degr-.s 18 miDates 27
seconds West parallel with the east line 01 said DOrtImest quarter sectIoD a dlstmce 01
295.16 leet to a point OD the BOrth IIDe of said Dua thwcSt quarter sectlolI dJstmt 313.16 leet
west of the northeast comer 01 said no&1h.....s quarter section; theuc:e Soatb D degr",," 3'
miDates 53 seconds West aJcmc said BOrth line a dlstaDce of 2334.42 leet to the PoIJIt of
~m.I..g,. CoUbllnlng 144.034 acres, more or Jess. .