HomeMy WebLinkAboutPacket 01-21-03
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WEXLEY CHASE
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PRESENT A nON TO THE CARMEL-CLAY PLAN COMMISSION
FOR PRIMARY PLAT APPROVAL
January 21,2003
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Tab 1- Conceptual Rendering
Tab 2- Summary of Information
Tab 3- Applications for Plat Approval and Subdivision Variances
Tab 4- Open Space Description and Schedule
Tab 5- Draft of Declaration of Covenants and Restrictions
Tab 6- Utility Summary
Inserts:
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Primary Plat
Preliminary Landscape Plan
Aerial Photograph
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10 2003
DOCS
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WEXLEY CHASE
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HAMILTON COUNTY
WEXLEY CHASE
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698 TOWER ROAD SUITE 100
PLAINFIELD, INDIANA 46168
(317) 839-2581
These materials are intended to provide current general information about Wexley Chase and do not constitute any
representation or warranty that may be relied upon by any person or entity. Landscaping and tree cover may
not be exactly as depicted, and certain landscaping on a lot will be required to be performed by the lot purchaser,
Final dimensions and development plans of lots and common areas, and requirements for lot landscaping, will be
available on the recorded plat and in the recorded Declaration of Covenants and Restrictions for Wexley Chase,
which prospective purChasers are advised to review prior to purchasing a lot in Wexley Chase.
DEVELOPED BY:
GWZ-2 DEVELOPMENT, LLC
9011 NORTH MERIDIAN STREET, SUITE 202
INDIANAPOLIS INDIANA, 46260
(317) 573-9301 PHONE
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SUMMARY
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Wexley Chase consists of 40 homesites on approximately 30 acres fronting on 126th Street,
between Towne and She1borne Roads, across from the new Carmel-Clay middle school and
soccer fields. It borders a portion of The Village of West Clay on the east, and the approved
Hayden Run and Aberdeen Bend subdivisions to the north.
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Wexley Chase has been designed as an open space subdivision, with common area around the
entire perimeter. Existing natural areas will be retained. Extensive planting will occur along
the 126th Street perimeter. Net open space (after deducting the non-qualifying portion of the
pond perimeter) is 11.27 acres, or 37.60% of the site.
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Wexley Chase has been designed to permit the continuation of Tram Lane from Aberdeen Bend
and Tuscany Boulevard from Hayden Run to 126th Street. These streets are part of the
connector road system through several developments approved in the last 18 months that will
eventually permit traffic to move from 141 st Street to 126th Street withoutimpacting Towne
or She1borne Roads.
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Tuscany Boulevard will be lined with street trees.
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The lots are generally 95 feet wide at the building line, and it is anticipated that they will be sites
for homes with an initial price (including lot) between $280,000 to $350,000.
. Restrictive covenants and restrictions will govern building at Wexley Chase.
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There will be a Homeowners Association at Wexley Chase. The Association dues will provide
for snow removal from all roadways in Wexley Chase, common area maintenance and
insurance and maintenance of all landscaped common areas.
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The subdivision variances being requested for Wexley Chase all relate to the cu1-se-100p to be
known as Kilkenny Circle. The first is to permit the cu1-de-100p to be 688, rather than 600,
feet in length. The second is to eliminate the requirement for a sidewalk around the large
center island at the end of the cu1-de-loop. The remaining subdivision variances are requests
to reduce with ofthe right-of-way and pavement, and the curvature ofthe centerline radius
around that island. These variances are required due to the desire to place the landscape
island as a focal point at the end of the cu1-de-100p, and because the site is long and narrow
and must accommodate the two in-coming connector roads, which limit options for the
layout. To accommodate this design, the cu1-de-100p will be posted one-way only. The
Hamilton County Highway Department has indicated its acceptance of this design (please see
attached).
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Wexley Chase will be developed in one phase.
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WEXLEY CHASE
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BANNING ENGINEERING 817 888 8171
J~~-08-2003 14:59 FROM:HAMILTON CO HWY DEP 3177769814
01/08/08 05:41pm P. 002
TO:3!78389171 P.00i"OO1
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HAMILTON COUNTY
H1GHWA Y DEPARTMENT
January 8, 2003
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Mr. Lance Ferrell
Banning Engineering
698 tower Road. Suite 110
Plainfield, Indiana 46168
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RE: Wexley Chase Subdivision
Street Design - Primary Plat
Clay Township
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Dear Mr. Ferrell:
This letter serves to acknowledge receipt of a transmittal received 1lT/03.contalning your
request for infonnation concerning the design ofthe cul-de-Ioops located within the
above-mentioned subdivision. After reviewing the plans the Highway Department has
the following comments: .
1. The loops as shown on the Primary Plat are acceptable to the Highway Department.
provided that the loop is signed as a ONE WAY street with the appropriate slgnage.
The loops shown are similar to those Installed in the Windsor Grove Subdivision.
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If you have any questions or comments concerning this letter, please feel free to contact
me at anytime.
Sincerely, .
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StevenJ. Broermann
Staff Engineer
cc:
Jon Dobosiewic;z
Jenny Chapman
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G:\USERS\SEI\03\$C\01.Qa-03waxloychasll.doc
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1100 SOllth ~ 0'. Street
.Nol1ksvillc, In. 46060
www.clI.htl.mlttqft.h.l.US
omc:c (:\J7) 773-7170
lo'lIx (317) 776-9Ri 4
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APPLICATION FOR
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PRIMARY PLAT (OR REPLAT)
Fee: $700.00 plus $35.00 per lot ($560.00)
DATE: November 21. 2002 DOCKET NO. \~)-{)''L V\>
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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.
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Name of Applicant:
GWZ-2 Development, LLC
By: David R. Warshauer
Phone No. 317-231-7346
Address of Applicant: 11 South Meridian Street, Indianapolis. Indiana 46204
Name of Owner: Joyce A. Rhodehamel
Phone No.
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Name of Subdivision: Wexley Chase
Legal Description: (To be typewritten on separate sheet and attached) See Attached
Area (in acres): 29.974 Number of Lots:
dedicated to public use: 0.54
40
Length (in miles) of new streets to be
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Surveyor certifying plat:
Robert 1. Staton of Banning Engineering
Address: 698 Tower Road. Suite 100. Plainfield. IN 46168
Phone No. 317-839-2581
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*****************************************************STATE OF INDD\NA
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COUNTY OF , ss: . .
The undersigned having been duly sworn, upon oath says that the above information is true and
correct as he or she is informed and believes.
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GWZ-~5ELOPMENT, LLC
SIGNATURE OF APPLICANT: if ~Print: David
Manager
R.
Warshauer.
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Subscribed and sworn to before me this~~y of November, 2002.
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My Commission EXPires:~ 0 ~
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5.1.10 Application for Primary Plat. Two (2) copies, or more if necessary, of the primary plat and of the construction
plans together with supporting documents shall be submitted to the Director of Current Planning with this application. These
plans to be distributed to all Technical Advisory Committee authorities bv applicant.
FEE: Received by:
s:\plancomm\applictn.pc\primplat.apx
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WEXLEY CHASE LEGAL DESCRIPTION
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Part of the South Half of the South Half of the Southwest Quarter of Section 29, Township 18
North, Range 3 East, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
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BEGINNING at the Southeast corner of said Southwest Quarter; thence South 89 degrees 50
minutes 56 seconds West (assumed bearing) (South 89 degrees 38 minutes 12 seconds West by
deed) along the South line of said Southwest Quarter 1983.30 feet to a bent 3/4 inch rebar found
at the Southeast corner of the land ofK.C. Cohen as described in Instrument No. 2001-18912,
recorded in said county records; thence North 00 degrees 27 minutes 12 seconds East along the
east line thereof 658.17 feet (North 00 degrees 12 minutes 42 seconds East 658.18 feet by deed)
to a 5/8 inch rebar with "Weihe # 1 0998" cap found on the North line of the South Half of the
South Half of said Southwest Quarter; North 89 degrees 47 minutes 06 seconds East (North 89
degrees 34 minutes 19 seconds East by deed) along said North line 1977.94 feet to the EaSt line
of said Southwest Quarter and a 1/2 inch iron pin found 0.5 feet east and 0.4 feet north of the
computed position; thence South 00 degrees 00 minutes 50 seconds East along said East line
660.34 feet (South 00 degrees 12 minutes 32 seconds East 660.38 feet by deed) to the POINT
OF BEGINNING, containing 29.974 acres, more or less.
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EXHIBIT A
OPEN SPACE SCHEDULE
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SUBDMSION NAME: Wexley Chase
1. SITE ACREAGE 29.974
2. ZONE DISTRICT S-l
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3. MINIMUM OPEN SPACE REQUIREMENT (SOSR)
4. OPEN SPACE PROVIDED (OSP)
5. PRIMARY CONSERVATION AREAS
15% /4.4961 acres
37.60%/11.27 acres
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Well-head Protection Area
_ FEMAJIDNR 100 year F100dway
_ Wetlands (>1/4 ac.)
Scrub Woodland
_ Young Woodland
Historic Structures/Sites
_ FEMAJIDNR 100 year Flood Fringe
White River Corridor
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_ Steep slopes (10%)
Mature Woodland
_ Special Opportunity Corridor (identify)
Other
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6. NATURAL OPEN SPACE PROVIDED
7.31
acres
7. AGRICULTURAL OPEN SPACE
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acres
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8. DESIGNED OPEN SPACE
4.83
acres
. _ Square
Boulevard
Parks
-X- Green
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-X- Trails
Other
Greenbelt
Golf Courses
-LPaths
-X- Ponds (see below)
9. CONSERVANCY LOTS
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no. lots 0
acres
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10. PONDS
total measured perimeter (in linear feet) 1.724 l.f.
total measured accessible perimeter (not bounded) 1.012 l.f. 58.70 %.
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PRIMARY PLAT CHECKLIST
NAME OF APPLICANT:
GWZ-2 Development. LLC
NAME OF SUBDMSION: Wexlev Chase
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DATE OF PLAN COMMISSION MEETING: January 21. 2003
DATE: November 20. 2002
PREPARED BY: David R. Warshauer
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X 2.
X 3.
X 4.
X 5.
X 6.
X 7.
X 8.
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A. Two Copies of Plat to Illustrate:
9.
Name of subdivision (5.2.1)
Words "PRlMARY PLAT" (5.2.1)
Date of submission of latest revisions (5.2.1)
Name of subdivision designer (5.2.1)
Present zoning classification (5.2.1)
Total acreage of the plat (5.2.1)
Name, address, telephone number of owner, subdivider & registered land surveyor (5.2.2)
Street and rights-of-way: (5.2.3)
a. Locations
b. Names
c. Street width
d. Right-of-way width
Location, size and capacity of: (5.2.5)
a. Proposed sanitary sewers
b. Water mains, hydrants
c. Drainage system
10. Layout oflots showing dimensions, lot number & square footage (5.2.6)
11. Parcels to be dedicated or reserved for public use (5.2.7)
12. Contour slopes (5.2.8)
13. Tract boundary lines showing dimensions, angle bearings, existing monuments,
markets and benchmarks. (5.2.9)
14.
15.
16.
Location of flood plains (FP, FF and FW) (5.2.10)
Building setback lines (5.2.11)
Legends and notes (5.2.12)
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B. Supportine: Data:
Area location map of 1"=500' to show: (5.3.1)
a) Existing adjacent uses
b) Watershed boundaries
c) Thoroughfares directly related to proposed subdivision
d) Existing adjoining zoning classifications and proposed uses
e) Title on area location map, its scale, north arrow and date information was placed on map
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10.
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2.
Service reports of statements (5.3.3)
a) Police and Sheriff
b) Fire Department
c) Water and sanitary sewer utilities
d) Electric, gas and telephone utilities
e) Carmel/Clay schools
t) Hamilton County Health Department
g) Surveyor, Drainage Board, County Commissioners
h) Indiana Natural Resources Commission
i) Carmel Board of Public Works
j) Director of the Dept. of Community Development
3.
4.
5.
6.
7.
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Report describing water system, sanitary sewer system and storm drainage. system
Statement from State Highway, County Highway or City Street Dept.
Soils map and report from Hamilton County Soils & Water Districts (5.3.6)
A description of the protective covenants or private restrictions (5.3.7)
Erosion control plan (5.3.9)
Statement from the Carmel Board of Public Works or other appropriate authority stating that said
authority has capacity for sewer/water hookups (5.3.10)
Landscape plan
Proposed signage plan
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SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Contact Person: David R. Warshauer
Telephone No. (317) 231-7346
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Address: 11 South Meridian Street. Indianapolis. Indiana 46204
PROJECT NAME: Wexlev Chase
PROJECT ADDRESS: West 126m Street between Towne Road and Shelborne Road
APPLICANT NAME: GWZ-2 Development. LLC. as purchaser
Land Owner
ADDRESS: c/o Mark A. Zukerman. 9011 North Meridian Street. Suite 200. Indianapolis. Indiana 46260
TELEPHONE: (317) 573-9301
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
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Section 6.3.7. page 6-2. to permit a cul-de-sac to be 688 feet. rather than 600 feet. in length.
when measured to the large landscaped center island.
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State explanation of why variance is being requested:
The site is a long rectangle. Because of this. and the streets from the approved Aberdeen Bend
and Havden Run entering from the north and the location of the new Carmel-Clay middle school
to the south. the location of streets in the subdivision is constrained. In order to achieve efficient
design without encroaching into planned open space areas. a variance of the length of Kilkenny
Circle is requested.
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State reasons supporting variance request:
The variance requested is for 88 feet to the center of a large landscape island. The length of this
cul-de-sac might be shorter if this island were eliminated. but that would have adverse aesthetic
effects. The longer cul-de-sac will not affect traffic safety.
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Present zoning: S-l
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ignature of Property Owner
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THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
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APPLICATION
FEE -
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SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Contact Person: David R. Warshauer
Telephone No. (317) 231-7346
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Address: 11 South Meridian Street. Indianapolis. Indiana 46204
PROJECT NAME: Wexlev Chase
PROJECT ADDRESS: West 126th Street between Towne Road and Shelbome Road
APPLICANT NAME: GWZ-2 Development. LLC. as purchaser
Land Owner
ADDRESS: c/o Mark A. Zukerman. 9011 North Meridian Street. Suite 200. Indianapolis. Indiana 46260
TELEPHONE: (317) 573-9301
Section (Section Nwnber, Page, Item) of Subdivision Regulations for which variance is being
requested:
Section 6.3.15. page 6-3. to reduce the curvature measured along the centerline of the radius of
Kilkenny Circle from 100 feet to 80 feet.
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State explanation of why variance is being requested:
This cul-de-sac has been designed to have a large (I 1,310 square feet) green space in the center.
as o?posed to a wide expanse of pavement.
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State reasons supporting variance request:
The large landscape island improves aesthetics. and makes the cul-de-sac safer, es?ecially for
pedestrians and cyclists. The radius is adequate for semi-trailers, buses and fire trucks to utilize
Kilkenny Circle.
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GWZ Development, LLC, as purchaser
Present zoning: S-l Ct1-MC. ec
Signature of Property Owner
THIS APPLICATION MUST BE SUBMITTED AT THE TIlYfE OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRlliARY PLAT.
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APPLICATION
FEE
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SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Contact Person: David R. Warshauer
Telephone No. (317) 231-7346
Address: 11 South Meridian Street. Indianapolis. Indiana 46204
PROJECT NAME: Wexlev Chase
PROJECT ADDRESS: West 126m Street between Towne Road and Shelborne Road
APPLICANT NAME: GWZ-2 Development. LLC. as purchaser
Land Owner
ADDRESS: c/o Mark A. Zukerman. 9011 North Meridian Street. Suite 200. Indianapolis. Indiana 46260
TELEPHONE: (317) 573-9301
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
Section 8.9. L page 8-3. to provide for a sidewalk on only one side of the Kilkenny Circle, and
not on the olJen space in the center.
State explanation of why variance is being requested:
The island serves as open space. and a focal point. It is unlikely that pedestrians will walk
around its perimeter. Pedestrians on Kilkenny Circle can use the sidewalk located on the interior
of the circle. fronting houses.
State reasons supporting variance request:
See above.
Present zoning: S-l p, Co..., 4'1et IJ.-
Signature of Property Owner
THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRTh1ARY PLAT.
$
APPLICATION FEE
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SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Contact Person: David R. Warshauer
Telephone No. (317) 231-7346
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Address: 11 South Meridian Street. Indianapolis. Indiana 46204
PROJECT NAME: Wexlev Chase
PROJECT ADDRESS: West 126th Street between Towne Road and Shelbome Road
APPLICANT NAME: GWZ-2 Development. LLC, as purchaser
Land Owner
ADDRESS: c/o Mark A. Zukerman. 9011 North Meridian Street. Suite 200. Indiana1Jolis. Indiana 46260
TELEPHONE: (317) 573-9301
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
Section 6.3.6. page 6-2, to the minimum pavement width around the island that is part of
Kilkenny Circle from 26 feet to 20 feet. The circle will be designed for one-way traffic.
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State explanation of why variance is being requested:
This cul-de-sac has been designed to have a large (11 J 10 square feet) green s-pace in the center.
as opposed to a wide eXT;>anse of pavement.
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State reasons supporting variance request:
The large landscape island improves aesthetics. and makes the cul-de-sac safer, especially for
pedestrians and cyclists. The circle will be designed for one-way traffic, so that instead of two
lanes with a total of 26 feet of pavement there will be one with 20 feet of pavement which
should be more than adequate given the low amount of traffic expected at the end of this cul-de-
sac. The -pavement width will be adequate for semi-trailers, buses and fire trucks to utilize
Kilkenny Circle.
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velopment, LLC, as purchaser
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Signature of Property Owner.
THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
GWZ-
Present zoning: S-1
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APPLICATION FEE
SUBDIVISION VARIANCE
REQUEST APPLICATION
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(Submit two (2) copies)
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Contact Person: David R. Warshauer
Telephone No. (317) 231-7346
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Address: 11 South Meridian Street. Indianapolis. Indiana 46204
PROJECT NAME: Wexlev Chase
PROJECT ADDRESS: West 126m Street between Towne Road and Shelbome Road
APPLICANT NAME: GWZ-2 Development. LLC. as purchaser
Land Owner
ADDRESS: c/o Mark A. Zukerman. 9011 North Meridian Street. Suite 200. Indianapolis. Indiana 46260
TELEPHONE: (317) 573-9301
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
Section 6.3.6. page 6-2. to reduce the right-of way width from 50' (25 foot each side) to 40' (20
foot each side) for the centerline of the radius of Kilkenny Circle cul-de-sac area only.
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State explanation of why variance is being requested:
This cul-de-sac has been designed to have a large (11.310 square feet) green space in the center.
Reducing the right 40' right-of- way would create a uniform 10' from back of curb to right-of-
way on both sides.
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State reasons supporting variance request:
The large landscape island improves aesthetics. and makes the cul-de-sac safer. especially for
pedestrians and cyclists. And this area would be maintained along with the other common areas
and not have to be maintained by the City.
Present zoning: S-l
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Signature of Property
THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
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APPLICATION FEE
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WEXLEY CHASE OPEN AREA DESCRIPTION
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There are no Open Space Priority Conservation Areas in Wexley Chase. The majority of
this site has been used for agricultural purposes. The area along the west bank of the J.W.
Brendle Drain slopes toward the drain, and will be maintained as open space.
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The project has four areas of open space. Common. Area A consists of approximately
3.26 acres of natural open space that forms a continuous area from the west line of proposed
Tuscany Boulevard, along 126th Street and the entire west line, and a portion of the north line, of
the prope!1Y. It will include a 10' asphalt path along 126th Street. Landscape plans will call for
variable mounding, with landscaping, in Common Area A along 126th Street to provide a buffer
to the new Carmel Clay Middle School being constructed on the south side of 126th Street.
Common Area B consists of approximately 4.05 acres of natural open space and 2.67 acres of
designed open space forming a continuous area from the east line of proposed Tuscany
Boulevard, along 126th Street and the entire east line, and a portion of the north line, of the
property. It will contain a 10' asphalt path along 126th Street, and a pedestrian trail that will
connect that path with a path to be constructed in Hayden Run, to the north. Common Area B
also contains an approximately 1 acre pond. Common Area B will include variable mounding
with landscaping along 126th Street, with natural vegetation and topography serving as open
space along the J. W. Brendle Legal Drain to the east. Common Area C is located along the north
line of the property, and buffers lots from the Aberdeen Bend and Hayden Run subdivisions to
the north. It comprises approximately 1.9 acres, and includes a pond of approximately 0.81
acres. Common Area D is designed open space, consisting of a large island at the end of
Kilkenny Circle. It will serve as a visual focal point at the end of that cul-de-loop. Common
Area D is approximately one-quarter of an acre.
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Each of the proposed lots abuts open space. Open space serves as a buffer between all of
the proposed lots and adjoining properties.
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WEXLEY CHASE
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OPEN SPACE SCHEDULE
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SUBDIVISION NAME: Wexlev Chase
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1. SITE ACREAGE 29.974
2. ZONE DISTRICT S-l
3. MINIMUM OPEN SPACE REQUIREMENT (SOSR)
4. OPEN SPACE PROVIDED (OSP)
5. PRIMARY CONSERVATION AREAS
15% /4.4961 acres
37.60%/11.27 acres
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Well-head Protection Area
_ FEMNIDNR 100 year Flood Fringe
White River Corridor
_ FEMNIDNR 100 year Floodway
_ Wetlands (>114 ac.)
Scrub Woodland
_ Young Woodland
Historic Structures/Sites
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_ Steep slopes (10%)
Mature Woodland
_ Special Opportunity Corridor (identify)
Other
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6. NATURAL OPEN SPACE PROVIDED
7. AGRICULTURAL OPENSPACE
8. DESIGNED OPEN SPACE
7.31
acres
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/ 0
acres
4.83
acres
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_ Square
Boulevard
-1L Trails
Other
Parks
Greenbelt
Golf Courses
-1L Green
-L Paths
-1L Ponds (see below)
9. CONSERVANCY LOTS
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no. lots 0
acres
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10. PONDS total measured perimeter (in linear feet) 1.724 1.f.
total measured accessible perimeter (not bounded) 1.0121.f. 58.70 %
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WEXLEY CHASE
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Draft dated January 7,2003
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DECLARATION OF COVENANTS AND RESTRICTIONS
WEXLEY CHASE
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Carmel, Indiana
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Recorded
Instrument No.
Office of the Recorder of Hamilton County
2003
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DECLARATION OF COVENANTS AND RESTRICTIONS
WEXLEY CHASE
INDEX
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Paee
1.
Definitions........................................................................................................................... .1
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2.
Declaration. . .... ............... ..... ........ .... ..,.......... ..... ............ ..... ... ...... ...... ... ....... ............... ....... ....5
3.
Detention Areas. ............. .......... .... .................. ...... ....... .................... ........ ..... ......... ..............6
(a) Development. ...... ......... .............. ..... .......... ....... ....................... ............. ............. .......6
(b) Title and Maintenance..... ................ ...................... ...... .................... .........................6
(c) Use. ................................. ................... ....... .............................. .................................6
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4. The Common Areas. .............................................. ..... ~. ....................................... ................6
5. Drainage System. ... ............. .... ....... ......... ....... ............... ...... ........................... ......... .............7
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6.
Paths and Path Lights. ..... ......... ......................... ........................................................ ...........7
7. Entry Ways; Wexley Chase Signage. .. ....... .... ................ ..... ....... ..... ............... ..... ......... ....... 7
8. Common Lighting. ........ .......... ........... ..... ......... ............ ...... ........ ...... ............. ........ ..... ..........7
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9.
Site Furniture and Facilities. ............... ........... ........ ........ ........ ................................ ......... .....7
10. Street Trees. .................................... ......... ..... ................. ........... ................................ ...... .....8
11. Land Use. ... ......... ...... ......................... .......................... ........ ............ ................ ....... ......... ....8
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12. Wexley Chase Homeowners Association, Inc. ....................................................................8
(a) Membership. ................... .... ............. ..... ..... ................... ........ .......... ......... ..... .~.........8
(b) Powers. ...... .......................................... ........ ..... ........ ....... .......... .... ...... .....................8
(c) Classes of Members. .. ............. ...... ............ ............... .................... ..... .......... ....... ......8
(d) Voting and Other Rights ofMembers......................................................................8
(e) Reserve for Replacements... .................. ............ ..................................... .............. ....8
(f) Maintenance Standards. ...................... ............. ...... ................ ....... ................. ...... ....9
(g) Limitations on Action by the Corporation. ..............................................................9
(h) Mergers. ..........................................................................................:........................9
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13. Assessments. ......................................................................................................................1 0
(a) Creation of the Lien and Personal Obligation of Assessments.............................10
(b) General Assessment...............................................................................................I 0
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14. Architectural Control. ............ ....... ................ .......... ..... .... .... ........ ............. ............ .............13
(a) The Architectural Review Board. .... ................ .......... ........ ..... .............. ........ .........13
(b) Purpose................... .... ..;'....................... ......;................................................ .......... .13
(c) Conditions. ............................................................................. ....... ........................ .14
(d) Procedures. .................................... ..................................... ......... .............. ............ .14
(e) Guidelines and Standards........................ ..... ................................................. ........ .14
(f) Application of Guidelines and Standards. ....... ................ ........ ..................... ........ .15
(g) Design Consultants. .......... ...................... ............................... ....... ................ ........ .15
(h) Existing Violations of Declaration.. ............................................ ........ ...... ............ .15
(i) Exercise of Discretion. ............. ....... ..... ................................. ................ ................ .16
G) Liability of Board...... ........ ..... ....... ................................. ..................... .................. .16
(k) Inspection. ......................... .............. ......... ........ .... ...... .... ..................... .......... ........ .16
(1) Construction and Landscaping... ........... ........... ....... ....... ....... ....... .......... ............... .16
(m) General Restrictions. .......... ................ ........ ........ ............ ................... .................... .17
(i) Size of Residence. ..... ........... ........... ................. ................ ........... .............. .17
(ii) Temporary Structures................................................................................ .17
(iii) Antennas and Receivers. ....... ............... ..... ................. ......... .................... ...18
(iv) Exterior Lights. ............... ........ ................ .................................................. .18
(v) Electric Bug Killers... ................................................................................ .18
(vi) Air Conditioners.................. ..... ........ ....... ..... .............. ............................... .18
(vii) Building Location and Finished Floor Elevation. ......................................18
(viii) , Driveways and Sidewalks. .................. ............... ........... ........ .................... .19
(ix) Yard Lights. ...... ................ ................ ..................... ............ ....... ...... ........ ...19
(x) Storage Tanks....................................................................... ..................... .19
(xi) Mailboxes......... ................. ..... ...... ............... ........................ .................... ...19
(xii) Accessory Buildings. ................ ...... ....... ......................................... .......... .19
(xiii) Pools. ........ ............... ......... ....... ............. ............... .......... ....... ......... ............ .19
(xiv) Basketball Goals. .... ......... ..... ............. .......... ....................... ...................... .19
(xv) Septic Systems. ... ........ .......... ...... ............. .............. .... ......... ...................... .20
(xvi) Water Systems. ..................... ~................................................................... .20
(xvii) Vehicle Parking......................................................................................... .20
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(c)
(d)
(e)
(f)
(g)
(h)
(i)
G)
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(i) Purpose of Assessment. ... ..... ..... ...... .... ........ ....... .... ..... ..... .... ........ ...... .......10
(ii) Basis for Assessment. ................................................................................10
(iii) Method of Assessment. ... ........ ............. ............ ...... ................... .................11
(iv) Allocation of Assessment. .........................................................................11
Community Area Initial Assessment. ....................................................................11
Architectural Control Assessment. .................................... ........ ....... .............. ..... ..12
Special Assessment......... ............. .......;... ................... ...... ......................... ............ .12
Date of Commencement of Assessments...............................................................12
Effect of Nonpayment of Assessments; Remedies of the Corporation................. 13
Subordination of the Lien to Mortgages. ............. ...... .......... ................. ........... ......13
Certificates. ........... ..... ...................... ..... ..................... ................... ........ .... .......... ...13
Annual Budget. ............... ..... ......... ........................................................................ .13
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(xviii) Signs..............................................................................................;........... .20
(xix) Fencing....... ................ .................... ......... ....................... .... ....... ...... ........ ...20
Other Restrictions. ............................................................................................. ....21
Exceptions... ........ ... ... .... ... ........... .... ...... ............ ... ........... ...... ..... ....... ....... ......... .....21
15. Community Area and Common Facilities. ........................................................................21
(a) Ownership. .. ....... .... ............... .............. ...... ............... .............. ...................... ..... .....21
(b) Density of Use.... ..... .... ...... ................ ..... ... ......... .... ...... .... ........ ... ............... ....... .....22
(c) Obligations of the Corporation. . ............. ........... .... .......... .................................. ....22
(d) Easements of Enjoyment........ .... ....... ................. .... .... .... ............. ................ ...........22
(e) Extent of Easements....... ... .... ............... ................... ... ............ ....... ...... ........ .......... .22
(f) Additional Rights of Use. ....... .... ............... ........... ................. ...... ............... ....... ....23
(g) Damage or Destruction by Owner. ........................................................................23
(h) Conveyance of Title. ....... ................ .... .............. ....... ............. ........ ... ........... .......... .24
16. Maintenance of Lots. ..... ............... ........ ..... ....... ...... ...... ... ..... .... .................... .......... ...... .... .24
(a) Nuisances. ..... .............. .......... ................... .... ...... ........ .... .......... ................ ........... ...24
(b) Maintenance of Development Area. .....................:.............. .................... ..............24
(c) Drainage. ............................................................................................................... .24
(d) Vegetation. .. ........ ................... ............. ........ ....... .... ........ .................. ..... ........ ....... ..25
(e) Garbage and Refuse Disposal. ...... .......... ................... ............ ............. ........ ...... .....25
(f) Livestock and Poultry. .. ................ ..... ..... ...... ... .... ... ... ............... ...... .... .............. .....25
(g) Outside Burning. ........... .... .... ........ .......... ...... .... ....... ..... .......... ................... .... ....... .25
17. Easements. ... ...... .... ....;.. ..... ........ ........ ... ............. ..... ...... .... ... ...... ...... ........... ........ ..... ...... ....25
(a) Plat Easements. .................... ........ ........ ............ ............ ............... ............... ........ ....25
(i) Drainage Easements. ............... ......... ...... ............ ............................ ... .... .....25
(ii) Sanitary Sewer Easements. .. .... ............ .......... ............. ....... ...... ....... ...........26
(iii) Utility Easements. .... ..... ... ............ ............ ......... ...................... ........... ...... ..26
(iv) Drainage and Utility Easements. .............. .... ...... .... ......... ......... ....... ....... ....26
(v) Non-Access Easements. ... ......... ..... ........... ............................ ............... ......26
(b) General Easement. ........ ....... ........ ....... ..... .......... ................. ............... ... ....... ....... ...27
(c) Public Health and Safety Easements... ...... ......... ............... ..... ....... .............. .... .......27
(d) Drainage Board Easement..... .......... ........ ......... ...... .... ....... ............ ... ... ....... ............27
( e) Crossing Underground Easements. .................. ...................;..................................27
(f) Declarant's Easement to Correct Drainage. ...........................................................27
(g) Water Retention. .. ...... ...... .... ........ ... ......... ......... ..... ...... .......... ..... ...... ................ .....28
18. Use of Lots During Development. .... ........ ....... ............ .... ... ... ........... ........... .................. ....28
(a) By Declarant. .... ....... ......... .... ....... ...... ..... ......... .... ................... ......... ......... .... ....... ..28
(b) By Builders. .... ..... .... ....... ............. ........ ............. ....... ................ .... ....... .......... ....... ..28
19.
Enforcement. ..................................................................................................................... .28
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o 20. Limitations on Rights of the Corporation. ..........................~..............................................29
21. Approvals by Declarant. .... ......... ...... ............................ ........ ................. .... .......... ............. .29
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22. Mortgages. ........................................................................................................................ .29
(a) Notice to Corporation. ... ................. ........... ......... ...... ........... ...... ........ ..;. ........ ........29
(b) Notices to Mortgagees. .. ...... .... ... .... ........... ............... .... ............. ...... .......... ....... .....29
(c) Notice of Unpaid Assessments. ................ .... ............ ...... ..... .......... ...... ... ..... ..........30
(d) Financial Statements. ..... ......... ............. ............ ..... ...... ........... ................... .... ... ... ...30
(e) Payments by Mortgagees. ................. ............ .... ......... ............. ... ..... ......... ........... ...30
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23. Amendments. ............ ..... ............. ........... ........ ........ ................ ............. ..... ............. ....... ......30
(a) Generally. ..... ................. ...... ....... ... ....................... ... ............... ...... ............... .......... .30
(b) By Declarant. ........................................................................................................ .30
(c) Effective Date. ......... ... ....... ........... .......... ............ .,.. ....... ........... ........ ... ................ ..31
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24. Interpretation. ........ .................. ........ ...... .... .......... ......... .... .................... ........ .... ........... .......31
25. Duration. . ........ ..................... .......... ............. .................... ..... .............. .... .........;....... ....... ....31
26. Severability. ..... .................. ........... ..................... ........ ....... ............ ... .......... .............. ......... .31
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27 . Non-Liability of Declarant. ....... .... .......... ................ .................. .... ..... .... .... ............... ..... ....31
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28. Compliance with the Soil Erosion Control Plan. ...............................................................31
(a) The Plan. ... ........ ......... ... ........... ......... ..... ......... .... ....... .............. ...... ..... ............. .... ..32
(b ) Indemnity. ............................................................................................................. .32
29. Assessments. ......... ...... ........ ... ... ....... ...... .... ... ..... ........... .... ..... ... ............. .... ..... ..... ......... .....32
30. Enforcement. ....... ....... ................... ... ....... ........ ...... ........ ......................... .... ..... ..... ......... .....32
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31.
Additions to the Tract. ........... ....... ....... ............. .......... ........ ... .......... ...... ......... ...... ............ .32
32. Annexation. ..... ..... .......... ... ..... ..... ........ ....... ....... ............ ...... ..... ......... ..... .... ..... ..... .......... ... .33
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DECLARATION OF COVENANTS AND RESTRICTIONS
WEXLEY CHASE
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This Declaration, made as of the day of
,2003 by GWZ-2 DEVELOPMENT, LLC, an Indiana limited
liability company ("Declarant"),
WITNESSETH:
WHEREAS, the following facts are true:
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A. Declarant owns the real estate located in Hamilton County, Indiana, described in
Exhibit A, upon which Declarant intends, but is not obligated, to develop a residential
community to be known as Wexley Chase.
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B. Declarant desires to provide for the preservation and enhancement of the property
values, amenities and opportunities in Wexley Chase and for the maintenance of the Tract
together with such additions as may hereafter be made thereto (as provided in Paragraph 31) and the
improvements thereon, and to this end desires tosubject the Tract to the covenants, restrictions,
easements, charges and liens hereinafter set forth, each of which is for the benefit of the Lots and
lands in the Tract and the future owners thereof.
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C. Declarant deems it desirable, for the efficient preservation of the values and
amenities in Wexley Chase, to create an agency to which may be delegated and assigned the
powers of owning, maintaining and administering the Community Area, administering and
enforcing the Restrictions, collecting and disbursing the Assessments and charges hereinafter
created, arid promoting the recreation, health, safety and welfare of the Owners of Lots in
Wexley Chase.
D. Declarant has incorporated under the laws of the State of Indiana a nonprofit
corporation known as Wexley Chase Homeowners Association, Inc. for the purpose of
exercising such functions.
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NOW, THEREFORE, Declarant hereby declares that all of the Lots and lands in the
Tract, as they are held and shall be held, conveyed, hypothecated or encumbered, leased, rented,
used, occupied and improved, are subject to the following Restrictions, all of which are declared
to be in furtherance of a plan for the improvement and sale of Lots in the Tract, and are
established and agreed upon for the purpose of enhancing and protecting the value, desirability
and attractiveness of the Tract as a whole and of each of Residences, Lots and lands situated
therein. The Restrictions shall run with the land and shall be binding upon Declarant, its
successors and assigns, and upon the parties having or acquiring any interest in the Tract or any
part or parts thereof subject to such Restrictions, and shall inure to the benefit of Declarant and
its successors in title to the Tract or any part or parts thereof.
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1. Definitions. The following terms, as used in this Declaration, unless the context
clearly requires otherwise, shall mean the following:
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"Al'plicable Date" means the earlier of (i) the date when all Lots in the Tract have
been improved by the construction thereon of Residences or (ii) December 31,
2012.
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"Architectural Control Assessment" means the assessment levied by the
Corporation pursuant to Paragraph 13(d).
"Architectural Review Board" means that entity established pursuant to Paragraph
14 of this Declaration for the purposes therein stated.
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"Articles" means the Articles of Incorporation of the Corporation, as amended
from time to time.
"Assessments" means all sums lawfully assessed against the Members of the
Corporation or as declared by this Declaration, the Articles or the By..,Laws.
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"Board of Directors" means the governing body of the Corporation elected by the
Members in accordance with the By-Laws.
"By-Laws" means the Code of By-Laws of the Corporation, as amended from
time to time.
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"Community Area" means (i) the Detention Areas, (ii) the Entry Ways, (iii) the
Common Areas, (iv) the Paths, (v) the Drainage System, (vi) any utility service
lines or facilities not maintained by a public utility company or governmental
agency that are located on, over or below or through more the Tract, and (vii) any
areas of land (1) shown on any Plat, (2) described in any recorded instrument
prepared by Declarant or its agents, or (3) conveyed to or acquired by the
Corporation, together with all improvements thereto, that are intended to be
devoted to the use or enjoyment of some, but not necessarily all, of the Owners of
Lots.
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"Community Area Initial Assessment" means the initial assessment for the
Reserve for Replacements required by Paragraph 13.
"Common Facilities" means any Common Lighting, Site Furniture and Facilities
and other personal property of the Corporation.
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"Common Lighting" means the light standards, wmng, bulbs and other
appurtenances, ifany, installed to illuminate the Community Area.
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"Common Area" means the land denoted on a Plat as a "Common Area". or
designated. as a "Common Area" in any recorded instrument executed by
Declarant.
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"Corporation" means Wexley Chase Homeowners Association, Inc., an Indiana
nonprofit corporation, its successors and assigns.
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"Declarant" means GWZ-2 Development, LLC, its successors and assigns to its
interest in the Tract other than Owners purchasing Lots or Residences by deed
from Declarant (unless the conveyance indicated an intent that the grantee assume
the rights and obligations of Declarant).
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"Detention Area" means an area depicted on a Plat which has been engineered to
accommodate from time to time surface water drainage, whether through
retention or detention of such surface water, to the extent located on the Tract,
including, without limitation, the Common Area denoted on a Plat as "Common
Area 'C"'.
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"Develovment Area" means the Tract together with any additional land added to
the Tract pursuant to Paragraph 31 of this Declaration.
"Drainage Board" means the Hamilton County Drainage Board or the Carmel
Board of Public Works, as applicable, and its successors or assigns.
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"Drainage System" means the open drainage ditches and swales, the subsurface
drainage tiles, pipes and structures, the dry and wet retention and/or detention
ponds (including all Detention Areas), and the other structures, fixtures,
properties, equipment and facilities located in the Tract and designed for the
purpose of controlling, retaining or expediting the drainage of surface and
subsurface waters from, over and across the Tract, including but not limited to
those shown or referred to on a Plat, all or part of which may be established as
legal drains subject to the jurisdiction of the Drainage Board.
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"Entry Ways" means the structures constructed as an entrance to W exley Chase or
a part thereof (including signage, but exclusive of the street pavement, curbs and
drainage structures and tiles), the traffic island depicted as "Common Area 'E'"
on the Plat and any other traffic islands or medians that are to be maintained by
the Corporation dividing a roadway providing access to Wexley Chase or a part
thereof, and the grassy area surrounding such structures.
"Lot" means a platted lot as shown on a Plat.
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"Lot Develovment 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 floor plans, (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.
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"Maintenance Costs" means all of the costs necessary to keep the facilities to
which the temi 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.
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"Member" means a member of the Corporation and "Members" means all
members of the Corporation.
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"Mortgagee" means the holder of a first mortgage on a Residence.
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"Owner" means a Person, including Declarant, 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.
"Part of the Development Area" means any part of the Development Area not
included in the Tract.
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"Paths" means those walkways and/or bikeways installed pursuant to Paragraph 6
and such other real estate or interest therein as is conveyed or granted to the
Corporation for the purpose of being used for walkways and/or bikeways.
"Path Lights" means the light standards, conduits, wiring, bulbs and other
appurtenances, if any, installed to illuminate the Paths.
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"Person" means an individual, firm, corporation, partnership, association, trust or
other legal entity,.or any combination thereof.
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"Plat" means a final secondary plat of a portion of the Development Area
executed by Declarant and recorded in the Office of the Recorder of Hamilton
County, Indiana.
"Reserve for Replacements" means a fund established and maintained by the
Corporation to meet the cost of periodic maintenance, repairs, renewal and
replacement of the Community Area and the Common Facilities.
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"Residence" means a 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 use of a single
family residential lot.
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"Restrictions" means the covenants, conditions, easements,. charges, liens,
restrictions, rules and regulations and all other provisions set forth in this
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Declaration and the Register of Regulations, as the same may from time to time
be amended.
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"Register of Regulations" means the document contammg 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.
"Section" means that portion of the Development Area that is depicted on a Plat.
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"Site Furniture and Facilities" means any furniture, .trash containers, sculpture or
other furniture, fixtures, equipment or facilities constructed, installed or placed in
the Development Area by Declarant or the Corporation and intended for the
common use or benefit of some, if not all, of the Owners.
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"Supplemental Declaration" means any supplemental declaration of covenants,
conditions or restrictions which may be recorded and which extends the
provisions of this Declaration or any previously recorded Supplem~ntal
Declaration to such other real estate as may from time to time be annexed thereto
under the provisions of Paragraph 31 hereof and contains such complementary or
supplementary provisions for such other real estate as are required or permitted by
this Declaration.
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"Street Trees" means trees, if any, planted by Declarant within the right-of-ways
of public streets (including the medians thereof) within and adjacent to Wexley
Chase, as the same may be replaced form time to time.
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"Tract" means the land described in Exhibit A and such other real estate as may
from time to time be annexed thereto under the provisions of Paragraph 31 hereof.
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"Zoning Authority" with respect to any action means the Director of the
Department of Community Services of the City of Carmel 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 from, or review the action, or the failure to act, of the
Director.
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2. Declaration. Declarant hereby expressly declares that the Tract and any additions
thereto pursuant to Paragraph 31 hereof shall be held, transferred, 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
Declarant or a subsequent Owner of such Lot, or (ii) by the act of occupancy 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 Declarant and of the Corporation with respect to these Restrictions, and
also for itself, its heirs, personal representatives, successors and assigns, covenants, agrees and
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consents to and with Declarant, the Corporation, and the Owners and subsequent Owners of each
of the Lots affected by these Restrictions to keep, observe, comply with and perform such
Restrictions and agreement.
3. Detention Areas.
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(a) Development. Declarant reserves the right, subsequent to commencement
of development of the Detention Areas, to determine the size and configuration
thereof.
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(b) Title and Maintenance. Declarant shall convey title to the Detention Areas
to the Corporation. The Corporation shall be responsible for maintaining the'
Detention Areas. The Maintenance Costs of the Detention Areas shall be
assessed as a General Assessment against all Lots subject to assessment. Each
Owner of a Lot that abuts a Detention Area shall be responsible at all times for
maintaining so much of the bank of the Detention Area above the pool level as
constitutes a part of, or abuts, his Lot (exclusive of any Path) and shall keep that
portion of the Detention Area abutting his Lot free of debris and otherwise in
reasonably clean condition.
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(c) Use. No boats shall be permitted upon any part of a Detention Area. No
dock, pier, wall or other structure may be extended into a Detention Area. No
swimming will be permitted in any Detention Area. Each Owner of a Lot
abutting a Detention Area shall indemnify and hold harmless Declarant, the
Corporation 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 Detention Area by
any Person who gains access thereto from, over or across such Owner's Lot.
Declarant shall have no liability to any Person with respect to a Detention Area,
the use thereof or access thereto, or with respect to any damage to any Lot
resulting from a Detention Area or the proximity of a Lot thereto, including loss
or damage from erosion.
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(d) Water Levels. Notwithstanding anything herein or in any other document
or instrument, or any marketing materials, Declarant makes no representation or
warranty with respect to the level of water in any Detention Area from time to
time. Without limiting the generality of the foregoing, any "pool elevation"
shown on a Plat shall be as estimated for engineering purposes only and shall not
be deemed a representation or warranty.
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4. The Common Areas. Declarant shall convey title to the Common Areas to the
Corporation. The Corporation shall be responsible for maintaining the Common Areas and the
Maintenance Costs thereof shall be assessed as a: General Assessment against all Lots subject to
assessment. Except for underground utility facilities, no permanent improvements shall be made
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. to or installed on the Common Areas other than lighting, seating, walkways, planting structures,
gazebos or other non-recreational improvements. The use of the Common Areas shall be subject
to rules and regulations adopted by the Board of Directors which are not inconsistent with the
provisions of this Declaration.
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5. Drainage System. The Drainage System has or will be constructed for the
purpose of controlling drainage within and adjacent to the Development Area and maintaining
the water level in the Detention Areas. The Corporation 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 subject to assessment serviced by that part of the Drainage System with
respect to which Maintenance Costs are incurred. 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.
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6. Paths and Path Lights. Declarant may, but is not obligated to, install the Paths
and Path Lights (provided Paths may be installed without Path Lights) in the Common Areas. If
installed, the Corporation shall operate and maintain the Paths (and, if installed, the Path Lights)
and the Maintenance Costs thereof shall be assessed as a General Assessment against all Lots
subject to assessment. The Board of Directors may adopt such rules and regulations with respect
to the use thereof as it may deem appropriate including but not limited to the prohibition of the
use of all or some of the Paths by bicycles, skateboards and/or motorized or non-motorized
vehicles.
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7. Entry Ways: Wexley Chase Signage. The Corporation shall maintain the Entry
Ways and all improvements and plantings thereon, and the Maintenance Costs thereof shall be
assessed as a General Assessment against all Lots subj ect to assessment. Grass, trees, shrubs and
other plantings located on an Entry Way shall be kept neatly cut, cultivated or trimmed as
reasonably required to maintain an attractive entrance to Wexley Chase or a part thereof. All
entrance signs located on an Entry Way shall be maintained at all times in good and sightly
condition appropriate to a first-class residential subdivision.
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8. Common Lighting. Declarant may, but is not obligated to, install Common
Lighting in the Development Area and may reserve easements for such purpose over and across
Lots. If installed, the Corporation shall operate and maintain the Common Lighting and the
Maintenance Costs thereof shall be assessed as a General Assessment against all Lots subject to
assessment.
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9. Site Furniture and Facilities. Declarant may, but is not obligated to, construct,
install or place Site Furniture and Facilities in the Development Area. If it does so, title thereto
shall be conveyed to the Corporation. After conveyance to the Corporation, the Corporation
shall maintain the Site Furniture and Facilities and the Maintenance Costs thereof shall be
assessed as a General Assessment against all Lots subject to assessment.
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10. Street Trees. The Corporation shall maintain any Street Trees (including
replacement of such trees as appropriate), and the Maintenance Costs thereof shall be assessed as
a General Assessment against all Lots subject to assessment.
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11. Land Use. Lots may be used only for residential purposes and only one
Residence may be constructed thereon. No portion of any Lot may be sold or subdivided such
that there will be thereby a greater number of Residences in Wexley Chase than the number of
original 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 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.
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12.
Wexlev Chase Homeowners Association, Inc.
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(a) Membershi? Each Owner shall automatically be a Member 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.
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(b) Powers. The Corporation shall have such powers as are set forth in this
Declaration and in the Articles, together with all other powers that belong to it by
law.
(c) Classes of Members. The Corporation shall have a single class of
members.
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(d) Voting and Other Rights of Members. The voting and other rights of
Members shall be as specified in the Articles and By-Laws.
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(e) 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, repair, renewal :;md replacement of the
Community Area and the Common Facilities. In determining the amount, the
Board shall take into consideration the expected useful life of the Community
Area and the Common Facilities, projected increases in the cost of materials and
labor, interest to be earned by such fund and the advice of Declarant or such
consultants as the Board may employ. The Reserve for Replacements shall be
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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. Prior to the Applicable Date, funds from the Reserve
for Replacements may be withdrawn and applied at the direction of Declarant to
meet the costs of periodic maintenance, repairs, renewal or replacement of the
Community Area and the Common Facilities.
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(t) Maintenance Standards. In each instance in which this Declaration
imposes on the Corporation a maintenance obligation with respect to the
Community Area or a part thereof, the Corporation shall maintain the Community
Area or designated part thereof in good condition, order and repair substantially
comparable to its condition when originally constructed, installed or planted and
compatible in appearance and utility with a first-class residential subdivision.
Grass, trees, shrubs and other plantings located on the Community Area for which
the Corporation has maintenance responsibility shall be kept neatly cut, cultivated
or trimmed as reasonably required and otherwise maintained at all times in good
and sightly condition appropriate to a first-class residential subdivision.
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(g) Limitations on Action by the Corporation. Unless at least two thirds of the
Mortgagees (based on one vote for each first mortgage owned) or two-thirds (2/3)
of the Members (other than Declarant) have given their prior written approval, the
Corporation, the Board of Directors and the Owners may not: (i) except as
authorized by Paragraph 15(a), by act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the Community Area (but the granting of
easements for public utilities or other public purposes consistent with the intended
use of the Community Area shall not be deemed a transfer for the purposes of this
clause); (ii) fail to maintain fire and extended coverage insurance on insurable
Community Area on a current replacement cost basis in the amount of one
hundred percent (100%) of the insurable value (based on current replacement
cost); (iii) use hazard insurance proceeds for losses to any Community Area for
other than the repair, replacement or reconstruction of the Community Area; (iv)
change the method of determining the obligations, assessments, dues or other
charges that may be levied against the Owner of a Residence; (v) by act or
omission change, waive or abandon any scheme of regulations or their
enforcement pertaining to the architectural design or the exterior appearance of
Residences, or the maintenance and upkeep of the Community Area; or (vi) fail to
maintain the Reserve for Replacements in the amount required by this
Declaration.
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(h) Mergers. Upon a merger or consolidation of another corporation with the
Corporation, its properties, rights and obligations may, as provided in its articles
of incorporation, by operation of law be transferred to another surviving or
consolidated corporation or, alternatively, the properties, rights and obligations of
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another corporation may by operation of law be added to the properties, rights and
obligations of the Corporation 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 Development Area together
with the covenants and restrictions established upon any other properties as one
scheme. No merger or consolidation, however, shall effect any revocation, change
or addition to the covenants established by this Declaration within the
Development Area except as hereinafter provided.
13.
Assessments.
(a) Creation of the Lien and Personal Obligation of Assessments. Declarant
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 Corporation the following: (1) General Assessments, (2) the
Community Area Initial Assessment, (3) Architectural Control Assessments (to
the extent levied) and (4) Special Assessments, such Assessments to be
established and collected as hereinafter provided.
If two (2) or more Lots originally shown on a Plat are consolidated as a
single Lot by virtue of partial vacation of a Plat, or if a Lot is divided by
conveyance of portions thereof to owners of adjacent Lots, then, in either such
event, the vacated or divided Lot(s) shall cease to be Lots for purposes of
Assessments under this Paragraph 13.
All Assessments, together with interest thereon and costs of collection
thereof, shall be a charge on the land 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
(i) Purpose of Assessment. The General Assessment levied by the
Corporation shall be used exclusively to promote the recreation, health,
safety, and welfare of the Owners of Lots and for the improvement,
maintenance, repair, replacement and operation of the Community Area
and Common Facilities.
(ii)
Basis for Assessment.
(1) Lots Generally. Each Lot owned by a Person other than
Declarant shall be assessed at a uniform rate without regard to
whether a Residence has been constructed upon the Lot.
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UTILITY SUMMARY FOR WEXLEY CHASE
Electric
Electric service will be provided by Cinergy utilizing existing power facilities along 126th Street.
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Telephone
Telephone service will be provided by SBC Ameritech utilizing existing telephone facilities
along 126th Street.
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Water
Carmel Utilities will provide water from facilities in 126th Street.
Sanitary Sewer
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Clay Township Regional Waste District ("CTRWD") will provide sanitary sewer service from
facilities in 126th Street.
Drainage
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Wexley Chase will have a series of swales and pipes directing stormwater to two ponds, one near
the center of the site, along its north boundary, the other in its southeast quarter. The ponds will
outlet into the Long Branch legal drain which is adjacent to the site on its east boundary.
Gas
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Vectren will provide natural gas service along 126th Street.
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(2) Lots Owned by Declarant. No Lot owned by Declarant
shall be assessed by the Corporation except such Lots as have been
improved by the construction thereon of Residences which shall be
subject to assessment as provided in Clause (1) above.
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(3) Change in Basis. The basis for assessment may be changed
upon recommendation of the Board of Directors if such change is
approved by (i) two-thirds (2/3) of the members (excluding
Declarant) or two-thirds (2/3) of the Mortgagees (based on one
vote for each first mortgage owned) who are voting in person or by
proxy at a meeting of such members duly called for this purpose.
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(iii) Method of Assessment. By a vote of a majority of the Directors,
the Board of Directors shall, on the basis specified in subparagraph (ii), fix
the General Assessment foreach assessment year of the Corporation at an
amount sufficient to meet the obligations imposed by this Declaration and
all Supplemental Declarations upon the Corporation. The Board of
Directors shall establish the date(s) the General Assessment shall become
due, and the manner in which it shall be paid.
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(iv) Allocation of Assessment. Certain of the costs of maintaining,
operating, restoring or replacing the Community Area and Common
Facilities have been allocated in this Declaration among Owners of Lots
on the basis of the location of the lands and improvements constituting the
Community Area and Common Facilities and the intended use thereof. In
determining . the General Assessment, costs and expenses which in
accordance with the provisions of this Declaration are to be borne by all
Owners shall first be allocated to all Owners. Costs and expenses which
in accordance with the provisions of this Declaration are to be borne by
the Owners of certain Lots shall then be allocated to the Owners of such
Lots. The provisions of subparagraph (ii) for uniform assessment shall not
be deemed to require that all assessments against vacant Lots or Lots
improved with comparable types of Residences be equal, but only that
each Lot be assessed uniformly with respect to comparable Lots subject to
assessment for similar costs and expenses.
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(c) Community Area Initial Assessment. On the earlier of (i) the date a Lot is
conveyed by Declarant to an Owner (other than the holder of a first mortgage on
such Lot in a conveyance which constitutes a deed in lieu of foreclosure), (ii) the
date a Residence constructed on the Lot has been certified for occupancy by the
Zoning Authority or (iii) the date a Residence on the Lot is first occupied by an
Owner upon completion of construction thereof, there shall be due and payable to
the Corporation by the Owner of such Lot the sum of Five Hundred Dollars
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($500.00) which shall be deposited in the Reserve for Replacements maintained
by the Corporation.
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(d) Architectural Control Assessment. If any Owner fails to comply with the
requirements of Paragraph 4 of a Supplemental Declaration relating to the portion ..
of the Tract in which such Owner's Lot is located and/or the provisions of
Paragraph 18 of this Declaration, then the Corporation may levy against the Lot
owned by such Owner an Assessment in an amount determined by the Board of
Directors which does not exceed the greater of (i) One Hundred Dollars ($100.00)
for each day that such failure continues after written notice thereof is given by
Declarant or the Corporation to such Owner or (ii) Ten Thousand Dollars
($10,000.00). Such Assessment shall constitute a lien upon the Lot of such
Owner and may be enforced in the manner provided in subparagraph (h) below.
The levy of an Architectural Control Assessment shall be in addition to, and not
in lieu of, any other remedies available to Declarant and/or the Corporation
provided in this Declaration, at law or in equity in the case of the failure of an
Owner to comply with the provisions ofthis Declaration.
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( e) Special Assessment. In addition to such other Special Assessments as
may be authorized herein, the Corporation 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 the
Community Area, including fixtures and personal property relating thereto,
provided that any such Assessment shall have the assent of a majority of the votes
of the Members whose Lots are subject to assessment with respect to the capital
improvement who are voting in person or by proxy at a meeting of such members
duly called for this purpose.
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(f) Date of Commencement of Assessments. The General Assessment shall
commence with respect to assessable Lots within Wexley Chase on the first day
of the month following conveyance of the first Lot in Wexley Chase to an Owner
who is not Declarant. The initial Assessment on any assessable Lot shall be
adjusted according to the days remaining in the month in which the Lot became
subject to assessment. Upon conveyance of a Lot to an Owner who is not
Declarant, such Owner shall pay a pro rata portion of the General Assessment for
the calendar year in which the conveyance occurs. Notwithstanding the
foregoing, if an Owner owns more than two (2) unimproved Lots, the General
Assessment shall not commence with respect to the second or more of such
unimproved Lots until the earlier of (i) the date the Owner commences
construction of a Residence thereon or (ii) the first day of the sixth month
following the date the Owner acquired title to the Lots.
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(g) Effect of Nonpayment of Assessments: Remedies of the Corporation.
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 no greater than the current statutory maximum annual interest rate, to be set
by the Board of Directors for each assessment year. The Corporation shall be
entitled to institute in any court of competent jurisdiction any lawful action to
collect a delinquent Assessment plus any expenses or costs, including attorneys'
fees, incurred by the Corporation in collecting such Assessment. If the
Corporation has provided for collection of any Assessment in installments, upon
default in the payment of anyone or more installments, the Corporation 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 nonuse of the Community Area or the
Common Facilities or abandonment of his Lot.
(h) 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 such Assessments as to payments which became
due more than six (6) 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.
(i) Certificates. The Corporation shall, upon demand by an Owner, at any
time, furnish a certificate in writing signed by an officer of the Corporation that
the Assessments on a Lot have been paid or that certain Assessments remain
unpaid, as the case may be.
(j) Annual Budget. By a maJonty 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.
14.
Architectural Control.
(a) The Architectural Review Board. An Architectural Review Board
consisting of three (3) or more Persons as provided in the By-Laws shall be
appointed by the Board of Directors.
(b) Purpose. The Architectural Review Board shall regulate the external
design, appearance, use, location and maintenance of the Development Area and
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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.
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(c) 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 Declarant to another 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 any Owner other
than Declarant 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 or exterior lighting 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 or exterior lighting installed, by any Person other
than Declarant without the prior written approval of the Architectural Review
Board of a Lot Development Plan relating to such construction, erection,
alteration, plantings or lighting. 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 Wexley Chase, and no Owner
shall undertake any construction activity within Wexley Chase 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 (c), "plantings" does
not include flowers, bushes, shrubs or other plants having a height of less than
eighteen (18) inches.
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(d) Procedures. In the event the Architectural Review Board fails to approve,
modify or disapprove in writing a Lot Development Plan within sixty (60) days
after notice of such plan has been duly filed with the Architectural Review Board
in accordance with procedures established by Declarant or, subsequent to the
Applicable Date, the Board of Directors, approval will be deemed denied. A
decision of the Architectural Review Board (including a denial resulting from the
failure of such Board to act on the plan within the specified period) may be
appealed to the Board of Directors which may reverse or modify such decision
(including approve a Lot Development Plan deemed denied by the failure of the
Architectural Review Board to act on such plan within the specified period) by a
two-thirds (2/3) vote of the Directors then serving.
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( e) Guidelines and Standards. The Architectur~l Review Board shall have the
power to establish and modify from time to time such written architectural and
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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. 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 ofthe Directors then serving.
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(f) Application of Guidelines and Standards. The Architectural Review
Board shall apply the guidelines and standards established pursuant to
subparagraph (e) in a fair, uniform and reasonable manner consistent with the
discretion inherent in the design review process. In disapproving any Lot
Development Plan, the Architectural Review Board shall furnish the applicant
with specific reasons for such disapproval and may suggest modifications in such
plan which would render the plan acceptable to the Board if resubmitted.
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(g) Design Consultants. The Architectural Review Board may utilize the
services of architects, engineers and other Persons possessing design expertise
and experience in evaluating Lot Development Plans. No presumption of any
conflict of interest or impropriety shall be drawn or assumed by virtue of the fact
that any of such consultants are affiliated with Declarant or may, from time to
time, represent Persons filing Lot Development Plans with. the Architectural
Review Board.
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(h) Existing Violations of Declaration. The Architectural Review Board shall
not be required to consider any Lot Development Plan submitted by an Owner
who is, at the time of submission of such Lot Development Plan, in violation of
the requirements of this Paragraph 14, unless such Owner submits to the
Architectural Review Board with such Lot Development Plan an irrevocable
agreement and undertaking (with such surety as the Board may reasonably
require) to remove from the Owner's Lot any improvements, landscaping or
exterior lighting constructed and/or installed prior to the submission of a Lot
Development Plan (or constructed and/or installed in violation of a previously
approved Lot Development Plan) to the extent any such previously constructed
and/or installed improvement, landscaping or exterior lighting is not subsequently
approved by the Architectural Review Board. The Architectural Review Board
shall have the power to recommend to the Board of Directors that the Corporation
assess an Architectural Control Assessment against any Owner who fails to
comply with the requirements of this Paragraph 14. Under no circumstances shall
any action or inaction of the Architectural Review Board be deemed to be
unreasonable, arbitrary or capricious if, at the time of such decision, the Person.
having submitted a Lot Development Plan for approval by the Architectural
Review Board has violated this Paragraph 14 and such violation remains uncured.
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(i) Exercise of Discretion. Declarant intends that the members of the
Architectural Review Board exercise discretion in the performance of their duties
consistent with the provisions of subparagraph (t), and every Owner by the
purchase of a Lot shall be conclusively presumed to have consented to the
exercise of discretion by such members. In any judicial proceeding challenging a
determination by the Architectural Review Board and in any action initiated to
enforce this Declaration in which an abuse of discretion by the Architectural
Review Board is raised as a defense, abuse of discretion may be established only
if a reasonable Person, weighing the evidence and drawing all inferences in favor
of the Board, could only conclude that such determination constituted an abuse of
discretion.
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(j) Liability of Board. Neither the Architectural Review Board, nor any
member thereof, nor any agent thereof, nor the Declarant shall be responsible in
any way for any defects in any plans, specifications or other materials submitted
to it, nor for any defects in any work done according thereto. Further, the Board
does not make, and shall not be deemed by virtue of any action of approval or
disapproval taken by it to have made, any representation or warranty as to the
suitability or advisability of the design, the engineering, the method of
construction involved, or the materials to be used.
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(k) Inspection. Members of the Architectural Review Board may inspect
work being performed to assure compliance with these Restrictions and applicable
regulations.
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(1) Construction and Landscaping. 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. 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 if such
completion occurs between April 1 and October 15; otherwise prior to May 1.
Unless a delay is caused by strikes, war, court injunction or acts of God,
construction of a Residence on a Lot must commence within two (2) years after
conveyance of the Lot to an Owner other than Declarant and shall be completed
within one (1) year after the date of commencement of the building process,
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 Declarant'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, Declarant may:
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(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 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 incurred in connection with the
commencement of construction of a Residence on the Lot and (b)
the then fair market value of the Lot, as determined by averaging
two (2) appraisals made by qualified appraisers appointed by the
Judge ofthe Circuit or Superior Court of Hamilton County;
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(ii) obtain injunctive relief to force the Owner to proceed with
construction of any Residence, a Lot Development Plan for which
has been approved by the Architectural Review Board upon
application by such Owner; or
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(iii) pUrsue such other remedies at law or in equity as may be available
to Declarant.
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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 complete
construction of a Residence upon the Lot within the time period specified
herein. For the purposes of this subparagraph, 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, landscaping and yard
light) has been completed in conformity with the Lot Development Plan,
this Declaration and any guidelines and standards of the Architectural
Review Board in effect on the date of the Architectural Review Board's
approval of the Lot Development Plan.
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(m) General Restrictions.
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(i) 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 ( above grade) 1800 square feet if a one-story
structure, or 1,600 square feet if a higher structure.
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(ii) 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.
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(iii) Antennas and Receivers. No satellite receiver, down-link or
antenna which is visible from a public way or from any other Lot, and no
satellite dish greater than eighteen (18) inches in diameter shall be
permitted on any Lot without the prior written consent of the Architectural
Review Board. Unless consent thereto is granted by a majority of the
Owners, 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 200 feet of the Lot upon which the proposed
antenna would be erected consent in writing to the installation thereof.
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(iv) 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.
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(v) 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 shalf only be operated when outsi.de activities require the use
thereof and not continuously.
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(vi) Air Conditioners. No room air conditioning unit shall be installed
so as to protrude from any structure located on a Lot (including but not
limited to the window of any Residence or garage) if the same would be
visible from a public way, a Community Area or any other Lot; provided,
however, that this Restriction shall not apply to central air conditioning
units.
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(vii) Building Location and Finished Floor Elevation. No building may
be erected between the building line shown on a Plat and the front Lot
line, and no structure or part thereof (exclusive of open areas or terraces,
unenclosed porches not more than one story high, fireplace chimney and
architectural features that project no more than two (2) feet) 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, however, if the Zoning
Authority requires a greater side yard setback, then such greater
requirement shall prevail. The aggregate side yard setback shall be not
less than twenty (20) feet. The Architectural Review Board may establish
a minimum finished floor elevation fot each Lot and no finished floor
elevation with the exception of flood protected basements shall be
constructed lower than said minimum without the written consent of the
Architectural Review Board. Demonstration of adequate storm water
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drainage in conformity with both on-Lot and overall project drainage plans
shall be a prime requisite for alternative finished floor elevations.
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(viii) Driveways and Sidewalks. All driveways shall be paved with
either concrete or asphalt and maintained dust free. Each Owner, other
than Declarant, or his builder shall install a sidewalk across the Lot in
accordance with the Plat within the earlier of thirty (30) days of
completion of the Residence or two (2) years after conveyance of the Lot
to such Owner.
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(ix) Yard Lights. If street lights are not installed in the Tract, then each
Owner or his builder shall install and maintain in operable condition either
(i) a pole light on the 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 or (ii) two (2) carriage lights on the front of the
Residence 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 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.
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(x) Storage Tanks. No gas or oil storage tanks shall be permitted on a
Lot, except temporarily during construction of a Residence with the prior
written approval of the Architectural Review Board.
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(xi) 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.
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(xii) Accessory Buildings. No mini-barns, storage shed or other
accessory building or structure other than gazebos shall be permitted on
any Lot.
(xiii) Pools. No above ground swimming pool, other than a children's
wading pool, shall be permitted on any Lot.
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(xiv) Basketball Goals. No basketball goal shall be placed or
maintained in the front driveway of a Lot or within the right-of-way of any
street. Unless the Architectural Review Board establishes a policy
establishing other specifications, backboards of all basketball goals shall
be of a translucent material such as fiberglass or Lexan and attached to a
black pole or similar type of post. The location of a basketball goal on the
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Lot is subject to approval of the Architectural Review Board if it would be
visible from a public right-of-way adjoining the Lot.
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(xv) 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 the City of Carmel or a
successor public agency or public utility) shall be installed or maintained
on any Lot.
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(xvi) 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. To the extent that domestic
water service is available from a water line located within 200 feet of the
lot line maintained by a public or private utility company, each Owner
shall connect to such water line 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 as long as the well does not adversely affect the normal
pool level of a Detention Area.
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(xvii) Vehicle Parking. No recreational vehicle, motor home, truck
which exceeds % ton in weight, trailer, boat or disabled vehicle may be
parked or stored overnight or longer on any Lot in open public view.
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(xviii)~, Except for such signs as Declarant may in its absolute
discretion display in connection with the development of Wexley Chase or
the Tract and the sale of Lots therein, such signs as may be located on the ~
Community Area and such signs as may, with the consent of Declarant, be
displayed by a Designated Builder to -advertise the property during
construction and sale of Residences and the maintenance of model homes,
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.
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(xix) 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. 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. In no event may any fence be erected or maintained on any
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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 the bank of any
Detention Area. 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 in~ersection 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 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.
(n) Other Restrictions. The Architectural Review Board may adopt general
rules and regulations to implement the purposes set forth in this Paragraph,
including but not limited to rules to regulate animals, antennas, signs, fences,
walls and screens, mailboxes, storage tanks, awnings, storage and use of
recreational vehicles, storage and use of machinery, use of outdoor drying lines,
trash containers, and planting, maintenance and removal of vegetation on the
Development Area. Such general rules may be amended by a two-thirds (2/3)
vote of the Architectural Review Board. Subsequent to the Applicable Date, any
such amendment may be made only after a public hearing for which due notice to
all affected Owners has been provided, and if such amendments are approved by a
two-thirds (2/3) vote of the Board of Directors. All general rules and any
subsequent amendments thereto shall be placed in the Register of Regulations and
shall constitute Restrictions.
(0) Exceptions. The Architectural Review Board may authorize exceptions to
or variances from the general rules and regulations adopted pursuant to
subparagraph 14(n) if the Architectural Review Board can show good cause and
acts in accordance with adopted guidelines and procedures.
15.
Community Area and Common Facilities.
(a) Ownership. The Community Area and Common Facilities shall remain
private, and neither Declarant's execution or recording of an instrument
portraying the Community Area, nor the doing of any other act by Declarant is, or
is intended to be, or shall be construed as, a dedication to the public of the
Community Area or Common Facilities. Declarant or the Corporation may,
however, dedicate or transfer all or any part of the Community Area or the
Common Facilities to any public agency, authority or utility for use as roads,
utilities, parks or other public purposes.
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(b) Density of Use. Declarant expressly disclaims any warranties or
representations regarding the density or extent of use of the Community Area or
any facilities located thereon.
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(c) Obligations of the Corporation. The Corporation, subject to the rights of
Declarant and the Owners set forth in this Declaration, shall be responsible for the
exclusive management and control of the Community Area and all improvements
thereon (including Common Facilities and other furnishings and equipment
related thereto), and, except as otherwise provided herein, shall keep the Common
Facilities in good, clean, attractive and sanitary condition, order and repair.
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(d) Easements of Eniovrnent. No Person shall have any right or easement of
enjoyment in or to the Community Area except to the extent granted by, and
subject to the terms and provisions of, this Declaration. Such rights and
easements as are thus granted shall be appurtenant to and shall pass with the title
to every Lot for whose benefit they are granted. Unless otherwise provided in a
Plat, all Owners may use the Paths and the Common Areas (other than "Common
Area 'E'" which shall be limited to use as an Entry Way) subject to the reserved
rights of Declarant and the Corporation. The Detention Areas may be used by all
Owners, but only for fishing and such other purposes as may be authorized by the
Board of Directors, provided that Owners shall only have a right of access to a
Detention Area over Common Areas, except that if an Owner's Lot directly abuts
a Detention Area, the Owner may access it from his Lot.
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( e) Extent of Easements. The easements of enjoyment created hereby shall be
subject to the following:
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(i) the right of the Corporation to establish reasonable rules for the
use of the Community Area and to charge reasonable admission
and other fees for the use of any recreational facilities located in or
constituting a part of the Community Area except that no fee shall
be charged to those specifically authorized to use such facilities by
this Declaration unless the Corporation is specifically authorized to
do so by this Declaration;
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(ii) the right of the Corporation to suspend the right of an Owner or
any Person claiming through the Owner to use the Paths, the
Detention Areas or the Common Areas for a period not to exceed
sixty (60) days for any other infraction of this Declaration or the
Register of Regulations;
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(iii) the right of the Corporation to mortgage any or all of the
Community Area, the facilities constructed thereon and the
Common Facilities for the purposes of improvements to, or repair
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of, the Community Area, the facilities constructed thereon or the
Common Facilities, pursuant to approval of two-thirds (2/3) of the
votes of the Members (excluding Declarant) or two-thirds (2/3) of
the Mortgagees (based on one vote for each first mortgage owned),
voting in person or by proxy at a regular meeting of the
Corporation or a meeting duly called for this purpose;
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(iv) the right of the Corporation to dedicate or transfer all or any part
of the Community Area and/or the Common Facilities to any
public agency, authority or utility, but no such dedication or
transfer shall be effective unless an instrument signed by the
appropriate officers of the Corporation acting pursuant to authority
granted by two-thirds (2/3) of the votes of the Members (excluding
Declarant) or two-thirds (2/3) of the Mortgagees (based on one
vote for each first mortgage owned), agreeing to such dedication or
transfer, has been recorded;
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(v) the right of Declarant in the Plat to restrict the use of Common
Facilities located in a Section to (a) Owners of Residences located
in such Section or (b) to other Owners of less than all of the Lots in
the Development Area; and
(vi) the right of Declarant to convey all or a portion of a Detention
Area that shares facilities with land outside the Development Area
to the owner of such land.
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(f) Additional Rights of Use. The members of the family and the guests of
every Person who has a right of enjoyment to the Community Area and the
Common Facilities may use the Community Area and the Common Facilities
subject to such general regulations consistent with the provisions of this
Declaration as may be established from time to time by the Corporation and
included within the Register of Regulations.
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(g) Damage or Destruction bv Owner. In the event the Community Area or
any Common Facility is damaged or destroyed by an Owner or any of his guests,
tenants, licensees, agents, or member of his family, such Owner authorizes the
Corporation to repair said damaged area; the Corporation shall repair said
damaged area in a good workmanlike manner in conformance with the original
plans and specifications of the area involved, or as the area may have been
modified or altered subsequently by the Corporation in the discretion of the
Corporation. An amount equal to the costs incurred to effect such repairs shall be
assessed against such Owner as a Special Assessment and shall constitute a lien
upon the Lot of said Owner.
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(h) Conveyance of Title. Declarant may retain the legal title to the
Community Area and the Common Facilities until the Applicable Date, but
notwithstanding any provision herein, the Declarant hereby covenants that it shall
convey the Detention Areas, the Common Areas and the Common Facilities to the
Corporation (except such has been transferred pursuant to the other provisions set
forth above), free and clear of all liens and other financial encumbrances
exclusive of the lien for taxes not yet due and payable, not later than the
Applicable Date.
16.
Maintenance of Lots.
(a) 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.
(b) Maintenance of Development Area. Each Owner shall keep all Lots
owned by him, and all improvements therein or thereon, in good order and repair
and free of debris including, but not limited to, the seeding, watering, and mowing
of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or
other appropriate external care) of all buildings and other improvements, all in a
manner and with such frequency as is consistent with good property management
as determined by the Architectural Review Board. In the event an Owner of any
Lot in the Development Area shall fail to maintain the premises and the
improvements situated thereon, as provided herein, the Corporation, after notice
to the Owner as provided by the By-Laws and approval by two-thirds (2/3) vote
of the Board of Directors, shall have the right to enter upon said Lot to correct
drainage and to repair, maintain and restore the Lot and the exterior of the
buildings and any other improvements erected thereon. All costs related to such
correction, repair or restoration shall become a Special Assessment upon such
Lot.
(c) 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 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 th~ Lot upon which such easements
are located such that water from any adjacent Lot shall have adequate drainage
along such swale. Lots within the Tract may be included in a legal drain
established by the Drainage Board. In such event, each Lot in the Tract will be
subject to assessment by the Drainage Board for the costs of maintenance of the
portion of the Drainage System and/or Detention Area included in such legal
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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. 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.
(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 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 Corporation shall have a lien
against the cleared Lot for the expense thereof.
( e) 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.
(f) 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.
(g) 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.
17.
Easements.
(a) Plat Easements. In addition to such easements as are created elsewhere in
this Declaration and as may be created by Declarant pursuant to written
instruments recorded in the office of the Recorder of Hamilton County, Indiana,
Lots and Common Areas are subject to drainage easements, sewer easements,
utility easements, entry way easements, pond access easements, community area
access easements, pathway easements and nonaccess easements, either separately
or in any combination thereof, as shown on the Plats, which are reserved for the
use of Declarant, Owners, the Corporation, the Architectural Review Board,
public utility companies and governmental agencies as follows:
(i) Drainage Easements. (DE) are created to provide paths and
courses for area and local storm drainage, either overland or in adequate
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underground conduit, to serve the needs of Wexley Chase 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 circumstance 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 waterflow. 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 Declarant, and by the Architectural Review Board, but
neither Declarant nor the Architectural Review Board shall have any duty
to undertake. any such construction or reconstruction. Said easements are
for the mutual use and benefit ofthe Owners.
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(ii) Sanitary Sewer Easements. (SE) are created for the use of the
local governmental. agency having jurisdiction over any storm. and sanitary
waste disposal system which may be designed to serve Wexley Chase for
the purpose of installation and maintenance of sewers that are a part of
said system.
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(iii) Utility Easements. (DE) are created for the use of Declarant, the
Corporation and all public or municipal 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
sanitary sewer easements.
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(iv) Drainage and Utilitv. Easements. (D&UE) combine Drainage
Easements and Utility Easements.
(v) Non-Access Easements. (NAE) are created to preclude access
from certain Lots or Common Areas to abutting rights-of-way across the
land subject to such easements.
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All easements mentioned herein include the right of reasonable ingress and egress
for the exercise of other rights reserved. No structure, including fences, shall be
built on any Drainage, Sanitary Sewer or Utility Easement if such structure would
interfere with the utilization of such easement for the purpose intended or violate
any applicable legal requirement or the terms and conditions of any easement
specifically granted to a Person who is not an Owner by an instrument recorded in
the Office of the Recorder of Hamilton County, but a paved driveway necessary
to provide access to a Lot from a public street and a sidewalk installed by or at the
direction of Declarant (and replacements thereof) shall not be deemed a
"structure" for the purpose of this Restriction.
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(b) General Easement. There is hereby created a blanket easement over,
across, through and under the Tract for ingress, egress, installation, replacement,
repair and maintenance of underground utility and service lines and systems,
including but not limited to water, sewers, gas, telephones, electricity, television,
cable or communication lines and systems. By virtue' of this easement it shall be
expressly permissible for Declarant or the providing utility or service company to
install and maintain facilities and equipment on the Tract and to excavate for such
purposes if Declarant or such company restores the disturbed area as nearly as is
practicable to the condition in which it was found. No sewers, electrical lines,
water lines, or other utility service lines or facilities for such utilities may be
installed or relocated in the Tract except as proposed and approved by Declarant
prior to the conveyance of the first Lot in the Tract to an Owner or by the
Architectural Review Board thereafter. Should any utility furnishing a service
covered by the general easement herein provided request a specific easement by
separate recordable document, Declarant or the Corporation shall have the right to
grant such easement on the Tract without conflicting with the terms hereof. This
blanket easement shall in no way affect any other recorded easements on the
Tract, shall be limited to improvements as originally constructed, and shall not
cover any portion of a Lot upon which a Residence has been constructed.
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(c) Public Health and Safety. Easements. An easement is hereby created for
the benefit of, and granted to, all police, fire protection, ambulance, delivery
vehicles, and all similar Persons to enter upon the Community Area in the
performance. of their duties.
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(d) Drainage Board Easement. An easement is hereby created for the benefit
of, and granted to, the Drainage Board to enter the Tract and all Lots therein to the
extent necessary to exercise its rights with respect to any legal drain constituting a
part of the Drainage System or Detention Area,
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( e) Crossing Underground Easements. Easements utilized for underground
service may be crossed by driveways, walkways and Paths, provided prior
arrangements are made with the utility company furnishing service. Such
easements as are actually utilized for underground service shall be kept clear of
all other improvements, including buildings, patios, or other pavings, other than
crossings, driveways, walkways and Paths, and neither Declarant nor any utility
company using the easements shall be liable for any damage done by either of
them or their assigns, agents, employees, or servants to shrubbery, trees, flowers
or other improvements of the Owner located on the land covered by said
easements.
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(f) Declarant's Easement to Correct Drainage. For a period often (10) years
from the date of conveyance of the first Lot in a Section, Declarant reserves a
blanket easement and right on, over and under the ground within that Section to
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maintain and to correct drainage of surface water in order to maintain reasonable
standards of health, safety and appearance. Such right expressly includes the right
to cut any trees, bushes or shrubbery, make any gradings ofthe soil, or to take any
other similar action reasonably necessary, following which Declarant shall restore
the affected property to its original condition as nearly as practicable. Declarant
shall give reasonable notice of its intention to take such action to all affected
Owners, unless in the opinion of Declarant an emergency exists which precludes
such notice.
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(g) Water Retention. The Owner of each Lot, by acceptance of a deed thereto,
consents to the temporary storage (detention) of storm water within the drainage
easements (DE) on such Owner's Lot.
18.
Use of Lots During Development.
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(a) By Declarant. Notwithstanding any provisions to the contrary contained
herein or in any other instrument or agreement, Declarant or its sales agents or
contractors, may maintain during the period of construction and sale of Lots and
Residences in the Tract or the Development Area, upon such portion thereof as is
owned or leased by Declarant, such facilities as in the sole opinion of Declarant
may be reasonably required, convenient or incidental to the construction and sale
of Lots and Residences, including, but without limiting the generality thereof, a
business office, storage area, construction yards, signs, model Residences and
sales offices.
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(b) By Builders. Notwithstanding any provisions to the contrary contained
herein, a builder who has constructed a Residence in the Tract may, with the prior
consent of the Board of Directors, use such Residence as a "model" home and
may hold such home open to the public, either individually or as part of a "home
show" approved by the Board of Directors for such reasonable period as the
Board of Directors may specify. With the approval of Declarant, Lots adjacent to
or in proximity to such model home may be used for parking by visitors to such
model home.
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19. Enforcement. The Corporation, any Owner or Declarant 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
Declarant nor the Corporation shall be liable for damage of 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 to enforce this Declaration, the Person seeking enforcement shall be entitled to
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recover all costs of enforcement, including attorneys' fees, if it substantially prevails in such
action.
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20. Limitations. on Rights of the Corporation. Prior to the Applicable Date, the
Corporation may not use its resources nor take a public position in opposition to additions to the
Tract or to changes to a Plat proposed by Declarant. Nothing in this paragraph shall be construed
to limit the rights of the Members acting as individuals or in affiliation with other Members or
groups as long as they do not employ the resources of the Corporation or identify themselves as
acting in the name, or on the behalf, of the Corporation.
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21. Approvals by Declarant. Notwithstanding any other provisions hereof, prior to
the Applicable Date, the following actions shall require the prior approval of Declarant: the
addition of real estate to the Tract; dedication or transfer of the Community Area; mergers and
consolidations of the Tract with other real estate; mortgaging of the Community Area;
amendment of this Declaration; and changes in the basis for assessment or the amount, use and
time of payment of the Community Area Initial Assessment.
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22.
Mortgages.
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(a) Notice to Corporation. AnyOwner who places a first mortgage lien upon
his Residence or the Mortgagee shall notify the Secretary of the Board of
Directors of such mortgage and provide the name and address of the Mortgagee.
A record of such Mortgagee's name and address shall be maintained by the
Secretary and any notice required to be given to the Mortgagee pursuant to the
terms of the Declaration, the Articles or the By-Laws (the "Organizational
Documents") shall be deemed effectively given if mailed to such Mortgagee at the
address shown in such record in the time provided. Unless notification of any
such mortgage and the name and address of Mortgagee are furnished to the
Secretary, either by the Owner or the Mortgagee, no notice to any Mortgagee as
may be otherwise required by the Organizational Documents shall be required and
no Mortgagee shall be entitled to vote by virtue of the Organizational Documents
or a proxy granted to such Mortgagee in connection with the mortgage.
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(b) Notices to Mortgagees. The Corporation shall promptly provide to any
Mortgagee of whom the Corporation has been provided notice under
subparagraph (a) above notice of any of the following:
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(i) Any condemnation or casualty loss that affects a material portion
of the Community Area;
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(ii) Any delinquency in the payment of any Assessment owed by the
Owner of any Residence on which said Mortgagee holds a mortgage or
any default by an Owner under the Organizational Documents, if said
delinquency or default continues for more than sixty (60) days;
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(iii) Any lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by the Corporation;
(iv) Any proposed action that requires the consent of a specified
percentage of Mortgagees; and,
(v) Any proposed amendment of the Organizational Documents
effecting a change in (A) the interests in the Community Area
appertammg to any Residence or the liability for Maintenance Costs
appertaining thereto, (B) the vote appertaining to a Residence or (C) the
purposes for which any Residence or the Community Area are restricted.
(c) Notice of Unpaid Assessments. The Corporation shall, upon request of a
Mortgagee, a proposed mortgagee, or a proposed purchaser who has a contractual
right to purchase a Residence, furnish to such mortgagee or purchaser a statement
setting forth the amount of the unpaid Assessments against the Residence and the
Owners, and any Mortgagee or grantee of the Residence shall not be liable for,
nor shall the Residence conveyed be subjectto a lien for, any unpaid Assessments
in excess of the amount set forth in such statement.
(d) Financial Statements. Upon the request of any Mortgagee, the
Corporation shall provide to said Mortgagee the most recent financial statement
prepared on behalf of the Corporation.
(e) Payments by Mortgagees. Any Mortgagee may (i) pay taxes or other
charges that are in default and that mayor have become a lien upon the
Community Area or any part thereof and (ii) pay overdue premiums on hazard
insurance policies or secure new hazard insurance coverage for the Community
Area in case of a lapse of a policy. A Mortgagee making such payments shall be
entitled to immediate reimbursement from the Corporation.
Amendments.
(a) Generallv. This Declaration may be amended at any time by an
instrument signed by (i) the appropriate officers of the Corporation acting
pursuant to the authority granted by not less than two-thirds (2/3) of the votes of
the Members cast at a meeting duly called for the purpose of amending this
Declaration and, to the extent required by Paragraph 21, (ii) Declarant.
(b) Bv Declarant. Declarant hereby reserves the right prior to the Applicable
Date unilaterally to amend and revise the standards, covenants and restrictions
contained in this Declaration. Such amendments shall be in writing, executed by
Declarant, and recorded with theRecorder of Hamilton County, Indiana. No such
amendment, however, shall restrict or diminish the rights or increase or expand
the obligations of Owners with respect to Lots conveyed to such Owners prior to
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the amendment or adversely affect the rights and interests of Mortgagees holding
first mortgages on Residences at the time of such amendment. Declarant shall
give notice in writing to such Owners and Mortgagees of any amendments.
Except to the extent authorized in Paragraph 17(b), Declarant 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 Declarant has previously
conveyed without the consent of the Owner of such Lot.
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(c) Effective Date. Any amendment shall become effective upon its
recordation in the Office of the Recorder of Hamilton County, Indiana.
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24. Interoretation. 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 word shall be taken to mean or apply to the plural,
and the masculine form shall be taken to mean or apply to the feminine or to the neuter.
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25. Duration. The foregoing covenants and restrictions are for the mutual benefit and
protection of the present and future Owners, the Corporation, and Declarant, and shall run with
the land and shall be binding on all parties and all Persons claiming under them until January 1,
2028, at which time said covenants and restrictions shall be automatically extended for
successive periods often (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 Tract. .
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26. 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.
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27. Non-Liabilitv of DecIarant. Declarant shall not have any liability to an Owner or
to any other Person with respect to drainage on, over or under a Lot or erosion of a Lot. Such
drainage and erosion control 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 Declarant free and harmless
from and against any and all liability arising from, related to, or in connection with the erosion of
or drainage on, over and under the Lot described in such deed. Declarant shall have no duties,
obligations or liabilities hereunder except such as are expressly assumed by Declarant, and no
duty of, or warranty by, Declarant shall be implied by or inferred from any term or provision of
this Declaration.
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28.
Compliance with the Soil Erosion Control Plan.
31
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(a) The Plan. Declarant has established and implemented an erosion control
plan pursuant to the requirements and conditions of Rule 5 of327 IAC 15, Storm
Water Run-Off Associated with Construction Activity. In. connection. with any
construction activity on a Lot by an Owner, its contractor or the subcontractors of
. either, Owner shall take or cause to be taken all erosion control measures
contained in such plan as the plan applies to "land disturbing activity" undertaken
on a Lot and shall comply with the terms of Declarant's general permit under
Rule 5 as well as all other applicable state, county or local erosion control
authorities. All erosion control measures shall be performed by personnel trained
in erosion control and shall meet the design criteria, standards, and specifications
for erosion control measures established by the Indiana Department of
Environmental Management in guidance documents similar to, or as effective as,
those outlined in the Indiana Handbook for Erosion Control in Developing Areas
from the Division of Soil Conservation, Indiana Department of Natural
Resources.
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(b) Indemnity. The Owner of each Lot shall indemnify and hold Declarant
harmless from and against all liability, damage, loss, claims, demands and actions
of any nature whatsoever which may arise out of or are connected with, or are
claimed to arise out of or be connected with, any work done by such Owner, its
contractor and their respective employees, agents, or subcontractors which is not
in compliance with the erosion control plan implemented by the Declarant.
~
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29. Assessments. The Board of Directors may make Assessments to cover any costs
incurred in enforcing these covenants or in undertaking 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 hereunder. Any such Assessment shall be assessed only against those OWners whose
failure to comply with the requirements of these covenants necessitated the action to enforce
these covenants or the undertaking of the maintenance or other activity.
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30. Enforcement. The right to enforce each of the foregoing Restrictions by
injunction, together with the right 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 Tract, their heirs and assigns, and to
the Zoning Authority, their successors and assigns, who are entitled to such relief without being
required to show any damage of any kind to Declarant, the Corporation, the Architectural
Review Board, any Owner or Owners, or such Zoning Authority by or through any such
violation or attempted violation. Under no circumstances shall Declarant, the Corporation or the
Architectural Review Board be liable for damages of any kind to any Person for failure to abide
by, enforce or carry out any provision or provisions of this Declaration. There shall be no rights
of reversion or forfeiture of title resulting from any violations.
Q
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31. Additions to the Tract. Declarant shall have the right to bring within the scheme
of this Declaration and add to the Tract real estate that is contiguous to the Tract. In determining
32
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contiguity, public rights of way shall not be considered. The additions authorized under this
Paragraph 31 shall be made by the filing of record of one or more Supplemental Declarations
with respect to the additional real estate. Unless otherwise stated therein, such Supplemental
Declarations shall not bind Declarant to make the proposed additions. For purposes of this
Paragraph 31, a Plat depicting a Part of the Development Area shall be deemed a Supplemental
Declaration.
32. Annexation. Each Owner, by the acceptance of a deed to a Lot, consents to the
annexation of the Tract to the City of Carmel and agrees not to remonstrate against any proposal
for such annexation.
~
IN TESTIMONY WHEREOF, Declarant has executed this Declaration as of the date set
forth above.
GWZ-2 DEVELOPMENT, LLC
c;;;
By:
David R. Warshauer, Co-Manager
~
COUNTY OF HAMILTON )
)SS:
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STATE OF INDIANA
)
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Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared David R. Warshauer, a Co-Manager of GWZ-2 Development, LLC, an Indiana limited
liability company, who acknowledged the execution of the foregoing Declaration of Covenants
and Restrictions for and on behalf of said Declarant on the date of its execution set forth above.
~
My Commission Expires:
, Notary Public
[SEAL]
~
Resident of
County, Indiana
33
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This Instrument prepared by David R. Warshauer, Attorney at Law,
11 South Meridian Street, Indianapolis, Indiana 46204.
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Exhibit A
Legal Description
Wexley Chase
(;/
Part of the South Half of the South Half of the Southwest Quarter of Section 29,
Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, more
particularly described as follows:
Q
BEGINNING at the Southeast comer of said Southwest Quarter; thence South 89
degrees 50 minutes 56 seconds West (assumed bearing) (South 89 degrees 38 minutes 12
seconds West by deed) along the South line of said Southwest Quarter 1983.30 feet to a
bent 3/4 inch rebar found at the Southeast comer of the land ofK.C. Cohen as described
in Instrument No. 2001-18912, recorded in said county records; thence North 00 degrees
27 minutes 12 seconds East along the east line thereof 658.17 feet (North 00 degrees 12
minutes 42 seconds East 658.18 feet by deed) to a 5/8 inch rebar with "Weihe #10998"
cap found on the North line of the South Half of the South Half of said Southwest
Quarter; North 89 degrees 47 minutes 06 seconds East (North 89 degrees 34 minutes 19
seconds East by deed) along said North line 1977.94 feet to the East line of said
Southwest Quarter and a 1/2 inch iron pin found 0.5 feet east and 0.4 feet north of the
computed position; thence South 00 degrees 00 minutes 50 seconds East along said East
line 660.34 feet (South 00 degrees 12 minutes 32 seconds East 660.38 feet by deed) to the
POINT OF BEGINNING, containing 29.974 acres, more or less.
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"PRIMARY PLA TII
WEXLEY CHASE
RESIDENTIAL SUBDIVISION (CONTAINING 29.974 AC.)
S 1/2, S 1/2, SW 1/4, SEC. 29-T18N-R3E,
CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA
DEVELOPER & PROPERTY OWNER:
GWZ-2 DEVELOPMENT, LLC
9011 NORTH MERDIAN STREET, SUITE 202
INDIANAPOLIS, INDIANA, 46260
PHONE: (317) 573-9301
FAX: (317) 573-9100
CONTACT: MARK ZUKERMAN
DATE OF SUBMISSION: NOVEMBER 22, 2002
:lROJECT
.OCATION
COMMON
AREA 'B'
REVISED:
SOURCE OF TITLE: INSTRUMENT #2001-3733, 2001-3597
VICINITY MAP
NO SCALE
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126111 ST1lBl!l'
OPERATING AUTHORmeS
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GAS
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P.O.1Iax 1700
_IN_
(317) 778-5S5O
CABLe TELEVISlON
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518 Eat C8nnIII DrIve
CormoI, IN 4lI032
(317)1I7H7OO
WATER
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CormoI, IN 46032
(317)571._
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ELECTRIC STREETS 1ELB'ttOlE
C:lnoIgy/PSl _CcuIty ~llopIm1enI _
1441 Saulh _ Rood 1770 Saulh 10111 _ 5858 N. CdIoge_
CormoI, 1N4lI032 _ ___ IIdnIpoIs, IN _
(317)776Q47 (317)773-7nO (317)872-8700
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SANITARY SCHOOL 0lSTllICT STORM
ClarT_RogIanal_DIslrIcl Coomol/Clar- -CounIV~-
====SulI8A ~~~- =:'=SquIlre,SulI8188
(317)844-8200 (317)844-8961 (317)nN48S
Joy W. Alley _F_
STREET NAME CHART
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SHEET INDEX
SHEET NO DESCRIPTION
1Tl1..E SHEET
2-3 PRlMNlY PlAT
4-5 OPeN SPACE PlAN
6 MISCEllANEOUS DETAIlS
I 2S MPH DESIGN SPEED I
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1-800-382-5544
ALL BEFORE YOU DIG
RMSIONS
DATE DESCRIPTION
t2-OO-<<! RE\IlSED PER CARMa COMMENT lETTERS
12-1lHl2 RE\IlSED PER HAMllTON COUNTY HIGHWAY CEPr. COMMENT lETT6l
W 1.1d 51
PROJECT
LOCATION
LOCATION MAP t
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PLANS PREPARED BY:
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698 TOH'ER ROAD, 5UfTE #100
PLAINFIELD, IN 46168
BUS. (317) 839-2581, FAX (377) 838-9171
E-MAIL banning@banni~ns-C'O'"
CONTACT: LANCE G. FERRELL
CERTIFIED BY' ~DATE' 12-11Hl2
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NEWC4RMBl. ClAY M1DDUl SCHOOL
(UNDllR CONSTRUC'lION}
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LEGfND
GENERAL NOTES
l AlL SANITARY SEWER SHAlL BE B" PVC UNlESS NOTED OTHERWISE.
2. AlL _ATER IIAINS TO BE B" . UNlESS NOTED OTHERWISE.
3. AlL STREETS TO BE 3D' WIDE AND A HAVE SO' RIGHT -or -WAY
UNlESS NOTED OTHERWISE.
'1.
Al
I'lIOflOSfO
STORM SEWER
SANITARY SEWER
LAtoO DESCRIPTION
Part 01 the South HoII 01 the South HoII 01 the South...1 Ouorter 01
~~ ~~ :"~:"::I:':l:cr~OS.:s ~~~wnship, HomitOft
BECtNNINC ot the Southeast corner of said Southwest Quarter. thence
South B9 degr... SO .......t.. 56 seconds W..t lossumed _ingllSouth
B9 deQr... 38 minul.. 12 seconds West by dt.dlolo"9 the South fin. 01
.c>d Southwes' Ouorler 1983.30 leello 0 benH"Olch robor lound 01
the Southeast corner of the land of K.C. Cohen os described in
Instrwnent No. 2001.18912. recorded in said coun~ records. thence
~~?~~?;e::e~r=tOb ~e::~c;'~ ~te:721':c= 'East
:"58i': ~\hby'::1)~: ~~t:, ~h S-:'~;:O~~~OP lound
Southwest Quarter. North 89 degrees 47 ninutes 06 seconds Eost (Notth
89 derjr..s 34 minutes 19 seconds Eost by de.dl oIoncj sc>d North &no
1977.94 'eel 10 the Eosl fine 0' ..., South...1 Quarter Oftd o'/zinch
iron pin found 0.5 feet east and 0.4 feet north of the computed
posit...: thence South DO derjrees 00 minut.s SO s.conds Eos' olon9
sc>d Eost fin. 660.34 leel (South DO d!9rees 12 rrinut.. 32 seconds
Eosl 660.3B leel by de.dl 10 lhe POINT or BEGINNING, COftt.,;"ing 29.974
.
o.
IXImNG
.= = = => STORM SEWER
-s- SANITARY SEWER
-w- WMERL~
-,-,- rENCf: LINE
-C- CAS LINE
-OHE- OVERHEAD UTILITIES
~ MANHOlE
@ STORM INlET
b' rlRE HYDRANT
__ WATER VAlVE
3, ELECTRIC TRANSFORMER
o CATV. OR TELEPHONE PEDESTAl
-..--..--..-, WATER L~
~ SIJB-SURrACE DRAIN
. SANITARY llH
o STORM llH
DO STORM INlET
BENCHMARK
LOCATED APPROXIIIATEL Y 2.5 IoILES NORTHEAST or ZIONSVIlLEo
AT THE INTERSECTION or SHELBORNE ROAD AND WEST 1315t STREET.
IN THE SE 'I, or THE INTERSECTION,SET IN THE TOP or A CONCRETE
POST. LEVEL WITH THE ROADWAY' A DEPARTMENT or NATURAl
RESOURCES BRASS CONTROL STATION TABLET. STAllPED "lEE 2 AZI19B9"
ELEVATION" 917.518 (NAVD1988 DATUM)
TBM ,\, COTTON GIN SPINDLE IN THE SOUTH SIDE or A POWER POLE. 15' -,-
NORTH or THE CENTER LINE or 126th STREET /lHO 633' .,- EAST or THE
WEST or PROPERTY LINE.
ELEVATION. 915.48 lNAVD 1988 DATUMI
T811 '2 ' COTTON GIN SPINDLE IN THE SOUTH SIlEor POWER POLE, 16.5' .,-
NORTH or THE CENTER LINE or 126TH STREET-. /lHO 44"'- EAST or REBAR
o THE SOUTtl/,CORNER.
ELEVATION. 899.82 INAVO 198B DATUM)
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Project No: 02129
Sheet No:
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LAKE #2
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NEWCAIIMEL ClAYMIDDUi SCHOOL
(VNDBR CONS7lIUC7ION}
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fXlmNG fJROI'O$ED LAND DESCRIPTION
.= = = = STORIoI SEWER STORIoI SEWER
- S - SAHlT ARY SEWER SANtT ARY SEWER
-w-
WATER LINE
-..--..--..-, WATER LINE
--so-- SUB-SURfACE ORAIN'
. SANtT ARY IIH
o STORIoI IIH
00 STORM INLET
Pari of \he Soulh Holf of the Soulh HoII of lhe Soulhe.sl Quarler 01
Secl.... 29, To"""" 18 Notlh. Ronge 3 Eosl. Cloy TownsNp _ton
County. Indiana. more particularly described os f.ws: .
BEGINNING 01 the Soulheast corner 01 soid Soulhwest Quarter. \hence
South B9 de!ijees SO ninules 56 seconds Wesl (ossumed b.ar:!> fSoulh
:d dS~;~t o:,u.':,s ~~~OC:::t ~:S~ b~y~c~~~:' &ne of
the Southeast corner of the land of K.C. Cohen os described in
Instrument No. 2001.18912. recorded in said coun~~cords. thenC:e
:::rt~~~"1:.n::l:'t; ~e;~~ ~1;;l2 ths:c= '["OSI
656.18 leel b1 d..dllo o%inch rellor .ith .Weihe "10998" cop found
on Iho Norlh line 01 \he South HoII 01 lhe South HoII 01 soid
Soulhwest Quarler. Notlh 89 cfe9rees 47 .....ul.s 06 s.conds EosllNotlh
89 degrees J4 ninul.. 19 s.conds EosI b1 deedl 010"9 soid Norlh Iin.
1977.!R feel 10 \he Eost line 01 soid Southwesl Quarter and a'/zGlch
iron. pin lound O,S feel eosl and 0,4 feel notth 01 the cr.ruled
=~tt~~~~ ::. ~~: ~ d*~: ijO ~~t::s32 O:~~
Eosl 660,38 leel b1 deed) 10 lhe POINT' OF BEGINNING. conloitWog 29,974
-,-,- rENCE lINE
-G- GAS LINE
-OH[- OVERHE~ URI1ES
8 MANHOlE
@ STORM INLET
'cf rlRE HYDRANT
.... WATER VAlVE
j~ ELECTRIC TRANSrORllER
. CATV OR TELEPHONE PEDESTAl
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GfNfllJU. NOTES
I. AlL SANITARY SEWER SHAll BE 8" PVC UlLESS NOTED OTHERWISE,
2, All WATER IIAINS TO BE 8" . UNlESS NOTED OTHERWISE,
3, AlL STREETS TO BE 30' WIO[ AND A HAVE SO'RIGHT-or'WAY
UNlESS NOTED OTHERWISE,
BENCHMARK
LOCATED APPROXlIIATEL Y 2.5 IlIlES NORTHEAST or ZIONSVUE.
AT THE INTERSECTION or SHELBIlRNE RO~ AND WEST 13151 STREET.
IN THE SE 'I. OF THE INTERSECTION; SET IN THE TOP or A CONCRETE
POST, LEVEL WITH THE RO~WAY; A DEPARTII[NT or NATURAl
RESOURCES BRASS CONTROl STATION TABlET,STMIP[D "lEE 2 AZ119B9"
ELEVATION" 917,S18 (NAV01988 DATUM)
T811 "1 - COTTON GIN SPINOlE IN THE SOUTH SIll[ or A POWER POlE, 15' ./.
NORTH OF THE CENTER LINE or 1261h STREET AND 633' ./- EAST or THE
WEST or PROPERTY lINE,
ELEVATION. 915.48 (NAVD 1988 DATUM>
T811 "2 . COTTON GIN SPINDlE IN THE SOUTH 510[ or POWER POLE 16 S' ./-
NORTH OF THE CENTER LINE or 126TH STREET AND 44' of- EAST oi REBAR
. THE SOUTH'/.CORNER,
ELEVATION " 899,82 CNAVD 1988 DATUMI
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Sheet No:
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sm CONSTRUCTION SEQUENCE
ONN SPACE SCHEDULI
SITE DATA
TOT AI. ACERAGE Of SITE . 29.974 ACREA
TOT AI. Nl.IWBER or LOTS . 40
PROPOSEO PROJECT DENSITY . 1.334 UNlTS\ACRE
POND IREA CALCUlATIONS
TOT AI. PONO MEA . 1.80 ACRES
TOT AI. PONO PERIllETER . 1724'
TOT AI. BOUNOEO PERIllETER . 712'
BOUNOEO PERCENT AGE . 41.30X
PONO MEA NOT OUALlFING . 1.80 . .4130 . 0.74 ACRES
PERUlTTED DENSITY
PO . BD . (1. LS IOSP -SOSR>>
PO . 1.0 . (1 . 1.S 10.3760 - 0.15>
PO . 1.339 UNITS I ACRE OK
A. Instal construction entrance along the entrance.
B. Place protective snow 'enci'lg along the oreas to be
left lXllfisturbed oIong \he west ond east property fone
wt..
C. Start moss earthwork, lake construction followed by
erosion control
O. Installond comect aIIinfl'ostructure.
E. Maintain erosion control.
TYPE or OPEN SPACE
NATl.llAl. OPEN SPACE
DESIGNED OPEN SPACE
TOTAl.
ACERAGE X Of SITE
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4.83 16.nX
12.14 40.S0X
OPEN SPACE
NATl.llAl. AND DESIGNED OPEN SPACE . 12.14 ACRES
LESS OPEN SPACE < 7S' WIOE . -0.135 ACRES
LESS PONO PERCENT AGE BOUNDED BY LOTS . -0.74 ACRES
NET OPEN SPACE PROViDED . 11.27 ACRES
OPEN SPACE PERCENTAGE. n27 I 29.974 . 37.60l
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..~ damaged. bare. at ..... areas b1 filing ,." ..... r.-.ertlzing. ewer- 01 re-seednt. and
= cover is spar.. or ~chJ.'''' the plant lftDterials choIen.lOi ......t,. moistwe condi-
tion. and ~ then '... ChI oUeeted area titller .., ow..~ or bJ re.nedft9 and
~ ofter r..preparing the aeedbed.
... _1otion .. 10 l&j' C_ ....los&lg 10 __ -\1 or _;em clef",_, prol>'
=--~~~ is ~eoor:O::oE=t:~-:~ :'::,,:a:..dnQ th dtest r~
--
(DRAWl... .OT to llIC.l&.D
HAMILTON COUNTY SURVEYOR'S OFFICE
1_1llSl>...!.l!!...!!!!
r'TANDARD PLAN
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Uln'OIf""'c. 'WAD. BAan.TDf .torItfY S"JRftfOR .
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APPROVED>
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CONSfIlucnON SEQUENCI AND MAlIlffNANCI SCHEDUI.f
CtJIISTRlJCTKJII PHASE SEDlMEIfT MID ERDSIOII MA/lfTENNICE st:HEOOIL
PrHltlMlrudkln
DeII_I__'tTJ(fIJ/DIhIII
noJuralar urique Of'IXJS.cnf
_Ie absarptkln n_ 10
~unt1ls1rJr/Jetl.
InstaII_arrgrarol
aJIlSIrudkln edrart:& /n$/Q//
__traps cnf barr,.s 0$
sIrJwn In lie _Is.
Malrtaln/ FIrInsIaII__tlFIIJS
-tIffId ar.-.
EslalJllsltflt} -.
Clean edrt1llDe/_t1$
-....y.lnsped _Iy
cnf fallowlflt} each runaff
_10 rtN/tIW _allfIt}
0fIfldIIkIn 0tWI _
f1ItJI-.:& Maldo/n 0$
11OC1t$S(JI)'.
Insped fo/loNlfIt} each rurdf
_10 "wI"., .".raIlfIt}
CtIfldlllon 0tWI _
maI-.:& I/oIrtaln 0$
-....y.
Clear only artJtl$ necessary far Insped trIJIdillt}.$tltldlfIt} 0tWI
CDItSIructlon. "'"'" _arr alter _os on a regular
ar w_ sIDbInzalkln 1xssIs.l1epoIr ar rop/<<)e 0$
_os _ _t Is C(IIJlIJIeh!d 11OC1t$S(JI)'. "'"'" II/Irlen/s 10
ar subslartla/Iy delayed. artJtl$ wlltre _ Is ",Ident.
as WtJIlIallon """""'"
eslabllsIed.
Rutdf 0Wr0I 0tWI
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Install -.s as sIrJwn on
IIrI plans. Slalllllze "'_
_s.11$ necessary.
lAnd Clearlflt} 0tWI
GradTfIt}
Bul/dlfIt} ConstructIon
InspecI_Iy 0tWI affer each
runaff _.l1epoIr 0tWI
replace 0$ 11OC1t$S(JI)'.
InsIDIl necessary __
barrIers 0tWI _arr
CDItSIrudlon en/rQID.
Slalllllze all dlsIrJr/Jetl areas
Inc/UdlfIt} sdl &IodpI1es.
_ OtWIlIIJldtwnNn.J r/afS af
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SOIL EROSION AND SEDIMENT CONTROL SPECIFICATIONS
Rlprap _ _ a D50.'" welgIt.d 7 1-. II _ /Ie angular ar sub-aIIt}uIar In
_ 0tWI place 10 a minimum INctness d IS ,-'_ 11IIerw1$11 S{ItIdfI<<l.
Praledtress durlflt} aItI$Irudlon. Do naI fill".",. rods. CtIntact __ /snglreer
""'ore aA/lfIt} ..... lrees __ 6 IIdes In diameter.
Erosion conIroI _III shall /Ie North _lean Gtwl S/50 ar oqu/valefll.
Rtifer 10 IIrIIOOI_ Handbook far Erosion CIJnIrQ/ln ~fIt} NtJtI$ 0tWI tie Urban
0tMI/tlpIleft -fit} GuIde far Clddn_,nfarf1ltJllon.CDItSIrudlon S{ItIdflot1flotrs 0tWI
f1ItJImnance r_atlons. Tie Hamilton CIJunIy Sell and Water C_kIn Dls/rld
OtWIIlaluralResTlurces ConservatIon SerYlce.ln _1I1e._ /Ie conIacted a/1.JIT177.J-2181.
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