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SEDGWICK
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PRESENTATION TO THE CARMEL-CLAY PLAN COl\1MISSION
FOR PRIMARY PLAT APPROVAL
MAY 21,2002
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Tab 1- Summary of Information
Tab 2- Applications for Plat Approval and Subdivision Variance
Tab 3- Open Space Schedule and Description
Tab 4- Aerial Photograph
Tab 5- Draft ofDec1aration of Covenants and Restrictions
Tab 6- Utility Summary
Tab 7- Construction Sequence Summary
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DOCS
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Inserts:
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Primary Plat
Preliminary Landscape Plan
Connectivity Plan
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SEDGWICK
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SUMMARY
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Sedgwick consists of27 homesites, including the existing home already built on Lot 14, on
approximately 33 acres.
Homesites in Sedgwick range in size from .44 acres to 1.61 acres.
Homesites will be initially priced from $95,500. to $140,500.
Homes in Sedgwick are expected to be priced from around $450,000. to over $700,000.
Sedgwick is an open builders neighborhood.
Restrictive covenants and restrictions will govern building at Sedgwick. A few of the major
points include:
· Minimum square footage requirement of2,800 square feet of livable area above grade for
homes with more than one story above ground. At least 1600 square feet of livable area
must be on the ground floor. Ranch style homes have a minimum square footage
requirement of2500 square feet of Livable area above grade.
· All homes must have a side entrance garage.
· All exterior materials and colors need to be submitted prior to construction for the
Architectural Review Committee for approval.
There will be a Homeowners Association at Sedgwick. The Association dues will provide for
snow removal from all roadways in Sedgwick, cornmon area maintenance and insurance and
maintenance of all landscaped common areas. Association dues will be billed annually at the
start of each calendar year.
Sedgwick will not have a clubhouse or pool. Most ofthe homesites at Sedgwick are large enough
to allow individual homeowners to build pools and/or tennis courts in their rear yards. Only
in-ground swimming pools are permitted at Sedgwick.
The only subdivision variance being requested for Sedgwick is for a waiver of the minimum
radius requirement for a cui-dc-loop in front of the existing home.
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SEDGWICK
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EXHIBIT A
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Des (.
OPEN SPACE SCHEDULE
SUBDIVISION NA..ME: Sedgwick
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1. SITE ACREAGE 33.161
2. ZONE DISTRlCT S-l
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3. MINllv1UN1 OPEN SPACE REQUIREMENT (SOSR)
15% 14.97 acres
4. OPEN SPACE PROVIDED (OSP)
26% 18.6 acres
5. PRIMARY CONSERVATION AREAS
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o Well-head Protection Area
o FElYWIDNR 100 year Floodway
I8l Wetlands (>114 ac.)
I;3l Scrub Woodland
o FENfA/IDNR 100 year Flood Fringe
o White River Corridor
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o Steep slopes (10%)
o Mature Woodland
o Young Woodland
o Historic Structures/Sites
o Special Opportunity Corridor (identify)
o Other
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6. NA TURA.L OPEN SPACE PROVIDED
17.86%/ 5.9 acres
7. AGRlCULTITRAL OPEN SPACE
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/ 0
acres
8. DESIGNED' OPEN SPACE
8.14%/ 2.7 acres
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':51 Square
o Boulevard
I8l Parks
I8l Green
o Greenbelt
I2J Paths
o Trails
o Golf Courses
I2J Ponds (see below)
o Other
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9. CONSERVA1"\JCY LOTS
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no. lots 0
acres
10. PONDS
tata(measured perimeter (in linear feet) 867 l.f.'"
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total measured accessible perimeter (not bounded) ~.f. ~ %
*Northernmost pond only
INDSOl DRW 495427vl
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SEDGWICK OPEN AREA DESCRIPTION 4CJ
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The northern proposed primary plat reserves the northern most 5.9 acres (19 &~ o~1t~e
overall project site) as cornman area. This area is wooded and has some wet1a:nd~ locate<tf~'n it. It
will be left in its natural condition and protected from construction activity with a construction fence.
The common area located in the center of Sedgwick Circle consists of 0.67 acres and:i~d~sig:q.ed
open spaced. The northern most lake common area consists of2.13 acres, none ofwmch is boUnded
bylots. There is also common area of2.0 acres, including the southern most pond. A pedestrian
trail will connect the subdivision to trails in proposed Shelburne Park and Lakes at Hayden Run
subdivisions. Common areas will be owned and maintained by the homeowner's association
pursuant to the Declaration of Covenants and Restrictions.
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INDSOl DRW 496138vl
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APPLICATION FOR
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DATE: March 21, 20021
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PRIMARY PLAT (OR REPLAT)
Fee: $700.00 plus $35.00 per Lot ($560.00)
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. The undersigned agrees tha~ any construction, reconstruction, enlargeII?-e.nk~fe~~e~.tf9r1/or
alteration of structure, or any change III the use of land or structures requested by thiS" applIcation Wll1
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.
GWZ Development-I, LLC
Name of Applicant: Bv: David R. Warshauer Phone No. 317-231-7346
DOCKET NO.
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Address of Applicant: . 11 South Meridian Street. Indianapolis. Indiana 46204
J. Peter Miller not personally but as Trustee
Name of O\V11er: under the Beaver Dam Trust Settlement Agreement Phone No. 317-634-7588
Name of Subdivision: Sedgwick
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Legal Description: (To be typewritten on separate sheet and attached)
Number of Lots:
0.63
27
Length (in miles) of new streets to be
Area (in acres): 33.161
dedicated to public use:
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Surveyor certifying plat:
Robert J. Staton of Banning Engineering
Address: 698 Tower Road. Suite 100. Plainfield. IN 46168
Phone No. 317-839-2581
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***********************~*****************************STATEOFll{DI~A,
COUNTYOF~ ,88:
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The undersigned having been duly sworn, upon oath says that the above information is true and
correct as he or she is ioformed aOd~)e im~
SIGNATURE OF APPLICANT: t.~~_ 'k,'--- Print: GWZ Development-I. LLC by
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David R. Warshauer ,
Subscnbed and sworn to before me thisJ.\~ay of March, 2002.
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Notary Public
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My Conunission Expires:
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5.1.1 b A.pplication for PrirnaryPlat. Two (2) copies, or more if necessary, of the primary plat and of the construction
plan:; together with supporting documents shall be submitted to the Director of Current Planning with this application. These
plans to be distributed to all Technical Advisorv Committee authorities bv apnlicant.
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FEE: Received by:
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SUBDIVISION V ARIAL'l'CE
REQUEST APPLICATION
(Submit two (2) copies)
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Contact Person: David Warshauer Telephone No. 231-7346
Address: 11 South Meridian Street. Indiana,!?olis. Indiana 46204
PROJECT NAME: Sedl;:wick
PROJECT ADDRESS: West 131'[ Street between Towne and ShelbQrne
APPLICANT N.AME: GWZ Development-l LLC
Land Owner
ADDRESS: c/o Mark Zukerman. 9011 North Meridian Street. Suite 202. 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 6.3.15. Chapter 6 Pa~e 6-3: A reduction in the minimum cunre radius of Sedgwick
Circle from 150' to 100'.
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State explanation of why variance is being requested:
The location of the existing residence requires a street in front and to the rear. To preserve its
setting. a common area was placed in that street, Sedgwick Circle. creating a "cut-de-loop," a
serves the fimction of a cul-de-sac. The minimum cunre radius for a cul-de-sac is 100'. Because
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Sedgwick Circle will only serve 6 lots. it has the same. or lesser. traffic demands of a cul-de-sac.
State reasons supporting variance request:
Sedgwick Circle is a "cuI-de-loop," that is. it serves the function of a cul-de-sac. but with a
landscape area in the center. The minimum curve radius for a cul-de-sac is 100'. Because
Sedgwick Circle will only serve 6 lots,it has the same, or lesser. traffic demands of a cul-de-sac.
GWZ Development-I, contract purchaser
By:
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Present zoning: 8-1
Signature of Property Owner
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THIS APPLICA nON MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. V ARIANCE REQUEST lvfUST BE IN'CLUDED WITH THE PUBLIC
NOTICE FOR THE PRlM:.ARY PLAT.
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APPLICATION FEE
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Aerial Photograph
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SEDGWICK
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Draft dated May 8, 2002
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DECLARATION OF COVENANTS AND RESTRICTIONS
Sedgwick
Carmel, Indiana
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Recorded
Instrument No.
Office of the Recorder of Hamilton County
2002
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[NOTE: This is a preliminary draft of the Declaration of Covenants and Restrictions for
Sedgwick and is subject to revision. The tinal version shall be recorded with the secondary
plat for Sedgwick.]
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DECLARATION OF COVENANTS AND RESTRICTIONS
SEDGWICK
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Page
1.
Definitions... ............................... ................... ......................... ....................................... .......2
2.
Declaration. ................. ........... ............ ........................................ ................ .............. ......... ...5
3. Detention Areas. ............. ......... .......... ................................................... ...............................5
(a) Development. ............... ................................. ............. ................................... ...........5
(b) Title and Maintenance.. ..................................................... ............................ ...........6
(c) Use. ............................................................................... ................... ............. ...........6
4.
The Commons. ........ .............. ..... ........................................... ................ ...............................6
5. Drainage System. ....................................... ................................ .................................. ........6
6. Paths and Path Lights. ........... ............ ......... ........... ................................. ..............................6
7. Entry Ways and Landscape Easements................................. ............................. ..................7
8. Common Lighting. .................... ............ .............................. ........................ ............. ............ 7
9.
Site Furniture and Facilities. ................. ........................... ...... ............................. .................7
10. Street Trees. .............. ........... ..... .............. ......................................... ,.................... ............... 7
11. Land Use. ............................... ............................. ....................... ..........................................7
12.
Sedgwick Homeowners Association, Inc. ........... ........................... ..................................... 8
(a) Membership. ............ ........ ............................ ............................... .............. .......... .....8
(b) Powers.......... .............. .......... ...................... ................................. .............. .......... .....8
(c) Classes of Members. ............ ......................... ............. ............................... ............ ...8
( d) Voting and Other Rights of Members... ......... .................. .................. ................ ......8
(e) Reserve for Replacements..................................... ...................................................8
(0 Mai ntenance Standards. .................................. .........................................................8
(g) Limitations on Action by the Corporation. ..............................................................9
(h) Mergers. ................................................................................................................... 9
13.
Assessments. ........... ............ ........ ............. ....... .......... ........................... ........................._......9
(a) Creation of the Lien and Personal Obligation of Assessments. ..............................9
(b) General Assessment............................................. ........................ ........................ ..11
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(c)
(d)
(e)
(f)
(g)
(h)
(i)
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(i) Purpose of Assessment. .............................................................................11
(ii) Basis for Assessment. ............................ .... ........................................... .... .11
(l) Lots Generally........... ............................................. .............. ........ ..11
(2) Lots Owned by Declarant. ............................................................11
(3) Change in Basis.............................................................................. 11
(iii) Method of Assessment. ..............................................................................11
(iv) Allocation of Assessment. .........................................................................11
Community Area Initial Assessment. .................................... ............................. ...12
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
Architectural Control. ............ ........ ........................................ ..................................... ..... ..14
(a) The Architectural Review Board. ..........................................................................14
(b) Purpose....... .............. ...... .......................... .................. ............................... ........ .....14
(c) Conditions..... ............. .... .... .................... .................... ............................... ......... ....14
(d) Procedures.. ........................ ......................................... .............................. ........... ..14
(e) Guidelines and Standards... ................ ............................................ ............. ........... 15
(f) Application of Guidelines and Standards. ............. ................ ........ ...................... ..15
(g) Design Consultants. ...... ..................... .......................................... ............... ......... ..15
(h) Existing Violations of Declaration................ ................................... ...... ................ .15
(i) Exercise of Discretion. .......................................................................... ............... ..16
(j) Liability of Board...................................... ............................................................. 16
(k) Inspection. ....................................... ............... ............ ...................................."".... 16
(1) Constmction and Landscaping................."....................... ..................".............. ...16
(m) General Restrictions............................................... .............................................. ..18
(i) Size of Residence. ..................... .................... ............................................ ..18
(i i) Temporary Structures........................ ......... .............................................. ..18
(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....................................... 19
(viii) Dri veways. ........................ .............................. ............... .......................... ..19
(ix) Yard Lights. .. .................... .......................... ................. ............................. ..19
(x) Storage Tanks................................................................. .......................... ..19
(xi) Mailboxes.... .................................................... ............... ................ .......... ..19
(xii) Accessory Buildings. .... ........................................................................... ..20
( xi i i) P 00 ls. . .... .. .. .. .. .. .. .. .. .. .. .. ..... ... .. . . .. .. .. .. . . .. ... .. . .. .. .. .. ... .. .. .. .. .. . .... .. . .. .. .. .. .. .. .. .. .. .. 20
(xi v) Basketball Goals. .......... .................... ....................................................... ..20
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(xv) Septic Systems. ...... ........................... ....................................................... ..20
(xvi) Water Systems. ........ ......... ................ ............................. .... ................. .......20
(xvii) Vehic1e Parking. ......... ....... ... ................ ........... ................................ ........ ...20
(xviii) Signs........................... ....... ................... .... ............................................. ..... 20
(xix) Fencing......... ............................................ ........................ ............. .......... ...21
Other Restrictions. ................................... ............................................................. .21
Exceptions...... .............. .............................. ................ ............ ..................... .......... .22
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15. Community Area and Common Facilities. ........................................................................22
(a) Ownership. ............ ......... ............... ................................. ............... ...... .................. .22
(b) Density of Use................ ................ ............ ............................... .... ...... .................. .22
(c) Obligations ofthe 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
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16. Maintenance of Lots. ....................................................................................................... ..24
(a) Nuisances. ..... ....................................................................................................... ..24
(b ) Maintenance of Tract. .......................................................................................... ..24
(c) Drainage. ... .................................................................... ....................................... ..24
(d) Vegetation. ............................................................................................... ............ ..25
(e) Garbage and Refuse Disposal. ................ ...................... ........................... ........... ...25
(f) Livestock and Poultry. .............. .................... ................ ................. .............. ........ ..25
(g) Outside B uming. ........... ................................................ ....................................... ..2 5
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17. Easements. ............. .............. ...... ................ ................ ................................................. ..... ..25
(a) Plat Easements. ........ .......... ............ ...................... ......... ............................ ......... ....25
(i) Drainage Easements. ................................ ..................................... ........ .....26
(ii) Sewer Easements. .... .................. ................ ...... ............................. .......... ...26
(iii) Utility Easements. .... .................................. .................................... ,........ ...26
(iv) Entry Way Easements. ............... .................... ............................... .......... ...26
(v) Landscape Easements. ..................................... ........................................ ..26
(vi) Detention Access Easements. .... ................................ ............................... .26
(vii) Community Area Access Easements. ........................................................27
(viii) Pathway Easements........................................ ............................... ...... .... ...27
(ix) Non-Access Easements. ................. ................... .................................. .......27
(b) General Easement. ................................................. .... ..................................... .......27
(c) Public Health and Safety Easements........................................ ...... .............. ......... .28
(d) Drainage Board Easement........................................................,.......................... ...28
(e) Crossing Underground Easements. ........ ........... .................................... ................ .28
(f) Declarant's Easement to Correct Drainage. ...........................................................28
(g) Water Retention. ... ......................................................... ... ........ ............................ .28
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18.
Use of Lots During Development. ............ ............. ............................... .................... ........ .28
(a) By Declarant. .......... ....... .......... ....... ........... ......................................... .......... ........ .28
(b) By B u il ders. ........................................................................................................... 2 9
19. Enforcement............ .............. ...... ............. .............. ...................................... ...... ............... .29
Limitations on Rights of the Corporation. ........................ ........................ .............. ....... ....29
21. Approvals by Declarant. ....... .......... ..... .............. ....... ....... ......................................... .........29
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Mortgages. ............ ................ ..................................... .......................................... ............. .29
(a) Notice to Corporation. .......... ............ ............. ....................................................... .29
(b) Notices to Mortgagees. ........... ........................ ......... ................. ................. ...... ..... .30
(c ) Notice of Unpaid Assessments. ..... ....................... ............................. .... .............. ..30
(d) Finane ial Statements. ....................................................................................... ......31
(e) Payments by Mortgagees. ......... ............ .............. ................................................. ..31
Amendments. .....'....... ..... .... .............................. .................................. ....... ............... ....... ..31
(a) Generally. ............... ................................. ...................... ....................................... ..31
(b) By Declarant. . ........ ..... ................. ........... ................................................... .......... ..31
(c) Effective Date. ....... ......................................................................... ............. ........ ..31
In terpreta ti on. . .. .. . ... .., . .. .. .. .. .. . .. .. .... .. .. .. .. .. . .. .. . .. .. .. .... .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. .. .. .. .. 3 1
25. Duration. ... ..... ........ ................... ............ .................... ................ ........... ....... ..................... ..31
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26. S everab il i ty. ....................................................................................................................... 3 2
27.
Non-Liabili ty of Declarant............................................................................................... ..32
28. Compliance with the Soil Erosion Control Plan. ...............................................................32
(a) The Plan. ........................................................................ .................. .... ................. ..32
(b) Indemnity. ..................................................................................:...........................3 2
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29. Assessments. .................................................................................................................... ..33
30. Enforcement. .........."......................................................................................................... ..33
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DECLARATION OF COVENANTS AND RESTRICTIONS
SEDGWICK
This Declaration, made as of the day of
2002, by GWZ-l DEVELOPMENT, LLC, an Indiana limited liability company ("Declarant"),
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'VITNESSETH:
WHEREAS, the following facts are true:
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A. Declarant owns, or has the right to acquire the real estate located in Hamilton
County, Indiana, described in Exhibit A and depicted on Exhibit B, upon which Declarant
intends, but is not obligated, to develop a residential community to be known as Sedgwick.
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B. Declarant desires to provide for the preservation and enhancement of the property
values, amenities and opportunities in Sedgwick and for the maintenance of the Tract and the
improvements thereon, and to this end desires to subject 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 Sedgwick, 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, and
promoting the recreation, health, safety and welfare of the Owners of Lots in Sedgwick.
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D. Declarant has incorporated under the laws of the State of Indiana a nonprofit
corporation known as Sedgwick 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:
"Applicable 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).
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"Architectural Review Board" means that entity established pursuant to Paragraph
14 of this Declaration for the purposes therein stated.
"Articles" means the Articles of Incorporation of the Corporation, as amended
from time to time.
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"Assessments" means all sums lawfully assessed against the Members of the
Corporation or as declared by this Declaration, the Articles or the By-Laws.
"Board of Directors" means the governing body of the Corporation elected by the
Members in accordance with the By-Laws.
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"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
Commons, (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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"Communitv Area Initial Assessment" means the initial assessment for the
Reserve for Replacements required by Paragraph 13.
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"Common Facilities" means the Common Lighting, the Site Furniture and
Facilities and other personal property of the Corporation.
"Common Lighting" means the light standards, wiring, bulbs and other
appurtenances, if any, installed to illuminate the Community Area.
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HCommons" means such land, if any, as may be denote>d on a Plat as "Commons"
or designated as "Commons" in any recorded instrument executed by Declarant.
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"Corporation" means Sedgwick Homeowners Association, Inc., an Indiana
nonprofit corporation, its successors and assigns.
"Declarant" means GWZ-l 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 ofDec1arant).
["Detention Area" means an area depicted on a Plat which has been engineered to
accommodate from time to time surface water drainage.]
"Drainage Board" means the Hamilton County Drainage Board or the Carmel
Board of Public Works, as applicable, and its successors or assigns.
"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.
"Entry Ways" means the structures constructed as an entrance to Sedgwick or a
part thereof (including signage, but exclusive of the street pavement, curbs and
drainage structures and tiles), the traffic islands depicted as designated Blocks on
a Plat and any other traffic islands dividing a roadway providing access to
Sedgwick or a part thereof, and the grassy area surrounding such structures.
"General Plan of Development" means tl:1at plan prepared by Declarant and
approved, if necessary, by appropriate public agencies that outlines the total
scheme of development and general uses of land in the Development Area, as
such may be amended from time to time.
"Landscape Easement" means a portion of a Lot denoted on a Plat as an area to be
landscaped.
"Lot" means a platted lot as shown on a Plat.
"Lot Development Plan" means (i) a site plan prepared by a licensed engineer or
architect, (ii) foundation plan and proposed finished floor elevations, (iii) building
plans, including elevation and 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
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(including but not limited to the landscaping thereof) or the construction or
alteration of a Residence or other structure or improvement thereon.
"Maintenance Costs" means all of the costs necessary to keep the facilities to
which the term applies operational and in good condition, including but not
limited to the cost of all upkeep, maintenance, repair, replacement of all or any
part of any such facility, payment of all insurance with respect thereto, all taxes
imposed on the facility and on the underlying land, leasehold, easement or right-
of-way, and any other expense related to the continuous maintenance, operation
or improvement of the facility.
"Member" means a _member of the Corporation and "Members" means all
members of the Corporation.
"Mortgagee" means the holder of a first mortgage on a Residence.
"Owner" means a Person, including Declarant, who at the time has or is acquiring
any interest in a Lot except a Person ,vho has or is acquiring such an interest
merely as security for the performance of an obligation.
"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.
lIPath Lights" means the light standards, conduits, wiring, bulbs and other
appurtenances, if any, installed to illuminate the Paths.
"Person" means an individual, firm, corporation, partnership, association, trust or
other legal entity, or any combination thereof.
t1Plat" means a final secondary plat of the Tract 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.
"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.
"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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"Re?lster 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.
"Site Furniture and Facilities" means any furniture, trash containers, sculpture or
other furniture, fixtures, equipment or facilities constructed, installed or placed in
the Tract 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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"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 Sedgwick,
as the same may be replaced form time to time.
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"Tract" means the land described in Exhibit A.
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"Zoning Authoritv" with respect to any action means tbe Director of the
Department of Economic and Community Development 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 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 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
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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 (which may vary from that depicted on the General Plan of Development
attached as Exhibit B hereto).
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(b) Title and Maintenance. Declarant shal1 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 pem1itted 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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4. The Commons. Declarant shall convey title to the Commons to the Corporation.
The Corporation shall be responsible for maintaining the Commons and the Maintenance Costs
thereof shall be assessed as a General Assessment against all Lots subject to assessment. Except
for underground utility facilities, hO permanent improvements shall be made to or installed on
the Commons other than lighting, seating, walkways, planting structures, gazebos or other non-
recreational improvements. The use of the Commons 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 Svstem. 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 at the approximate locations depicted on the General Plan of Development and
may reserve easements for such purpose over and across Lots. If installed, the Corporation shall
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operate and maintain the Paths and 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 and Landscape Easements. 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 subject 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 Sedgwick 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. Unless the Board of Directors
determines that all or some of the Landscape Easements shall be maintained by the Corporation
and the Maintenance Costs thereof assessed as a General Assessment, the Owner of each Lot
upon which a Landscape Easement is located shall at hislher expense keep the grass, trees,
shrubs and other plantings located on a Landscape Easement neatly cut, cultivated or trimmed as
reasonably necessary to maintain the same at all times in a good and sightly condition
appropriate to a first-class residential subdivision and, if such Owner fails to do so, the
Corporation may undertake such maintenance and assess the Maintenance Costs thereof as a
Special Assessment against such Lot.
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8. Common Lighting. Declarant may, but is not obligated to, install Common
Lighting in tbe Tract 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 subj ect 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 Tract. 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 (induding
replacement of such trees as appropriate), and the Maintenance Costs thereof shall be assessed as
a General Assessment against all Lots subj eet 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 Sedgwick 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
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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.
12.
Sedgwick Homeowners Association, Inc.
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(a) Membership. 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 Ov\.rner, 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 al1 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) V ohng 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 and replacement of the
Community Area and the Common Facilities. In detennining 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
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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(0 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
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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.
(g) Limitations on Action bv 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 shal I 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.
(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, altematively, the properties, rights and obligations of
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 Tract 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 Tract except
as hereinafter provided.
13.
Assessments.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
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covenant and agree to pay to the Corporation the following: (I) 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 adj acent 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.
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(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.
(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.
(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.
(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 for each 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.
(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
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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.
(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
($500.00) which shall be deposited in the Reserve for Replacements maintained
by the Corporation.
Cd) Architectural Control Assessment. If any Owner fails to comply with the
requirements of Paragraph 4 of a Supplemental Declaration relating to the Parcel
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 of this Declaration.
(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.
(f) Date of Commencement of Assessments. The General Assessment shall
commence with respect to assessable Lots within Sedgwick on the first day of the
month following conveyance of the first Lot in Sedgwick to an Owner who is not
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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.
(g) Effect of Nonpayment of Assessments; Remedies of the Corooration.
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 certitlcate 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.
U) 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
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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 Tract and of
improvements thereon in such manner as to preserve and enhance values and to
maintain a harmonious relationship among structures, improvements and the
natural vegetation and topography.
(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 fi rst 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 Sedgwick, and no Owner shall
undertake any construction activity within Sedgwick 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.
(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
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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.
(e) Guidelines and Standards. The Architectural Review Board shall have the
power to establish and modify from time to time such written architectural and
landscaping design guidelines and standards as it may deem appropriate to
achieve the purpose set forth in subparagraph (b) to the extent that such design
guidelines and standards are not in conflict with the specific provisions of this
Declaration. Any such guideline or standard may be appealed to the Board of
Directors which may terminate or modify such guideline or standard by a two-
thirds (2/3) vote of the Directors then serving.
(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.
(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.
(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 andlor 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
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andlor 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.
(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 (f), 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 tavor
of the Board, could only conclude that such determination constituted an abuse of
discretion.
(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.
(k) Inspection. Members of the Architectural Review Board may inspect
work being performed to assure compliance with these Restrictions and applicable
regulations.
(1) Construction and Landscaping. All constmction 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,
constmction of a residence on a Lot must commence within two (2) years after
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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.
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
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(m)
General Restrictions.
(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) 2,500 square feet if a one-story
structure, or 1,600 square feet if a higher structure, but in the case of a
building higher than one story the total floor area shall not be less than
2,800 square feet.
(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.
(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.
(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.
(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 shall only be operated when outside activities require the use
thereof and not continuously.
(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. A minimum finished floor elevation, shown on
the development plan for each Section, has been established for 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 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) Drivewavs. All driveways shall be paved with either concrete or
asphalt and maintained dust free.
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(ix) Yard Lights. If street lights are not installed in the Parcel, then
each Owner orhis 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. Any gas or oil storage tanks used in connection
with a Lot shall be either buried or located in a Residence such that they
are completely concealed from public view.
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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
Architec.tural 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.
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(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
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.
C)
(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
wen on his Lot as long as the well does not adversely affect the normal
pool level of a Lake or 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) Signs. Except for such signs as Declarant may in its absolute
discretion display in connection with the development of Sedgwick or the
Parcel 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,
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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.
(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 located on a
Landscape Easement or is part of Residence landscaping and the prime
root thereof is within four (4) feet of the Residence. Trees shall not be
deemed "shrubs" unless planted in such a manner as to constitute a
"hedge". No chain link fence shall be erected upon a Lot. No fence shall
be erected or maintained on or within any Landscape Easement except
such as maybe installed by Declarant and subsequently replaced by the
Corporation in such manner as to preserve the uniformity of such fence.
In no event may any fence be erected or maintained on any Lot without
the prior approval ofthe Architectural Review Board, which may establish
design standards for fences and further restrictions with respect to fencing,
including limitations on (or prohibition at) 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 intersection of said street lines, or in the
case of a street line with the edge of a driveway pavement or alley line.
No tree shall be 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
Tract. 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.
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(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.
(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.
(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 al1 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.
(d) Easements of Enjovment. 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 Commons subject to the reserved
rights of Declarant and the Corporation. Subject to restrictions on points of
access, 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. No Owner
whose Lot does not abut a Detention Area shall have any right of access to a
Detention Area over any Lot, but only such right of access over the Community
Area as may be designated on a Plat or by the Board of Directors for such
purpose.
(e) Extent of Easements. The easements of enj oyment 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;
(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 Commons for a period not to exceed sixty (60) days for any other infraction of
this Declaration or the Register of Regulations;
(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 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;
(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;
(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 Tract; and
(vi) the right of Declarant to convey all or a portion of a Detention
Area that shares facilities with land outside the Tract to the owner of such land.
Cf) 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.
(g) Damage or Destruction by Owner. In the event the Community Area or
any Common Facility is damaged or destroyed by an Owner or any of his guests,
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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.
(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 Commons 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
nUlsance.
(b) Maintenance of Tract. 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 Tract ,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
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easement for such now of water is provided on the Plat. To the extent not
maintained by the Drainage Board, "Drainage Easements" reserved as drainage
swales shall be maintained by the Owner of the Lot upon which such easements
are located such that water from any adjacent Lot shall have adequate drainage
along such swale. Lots within the Parcel may be included in a legal drain
established by the Drainage Board. In such event, each Lot in the Parcel will be
subject to assessment by the Drainage Board for the costs of maintenance of the
portion of the Drainage System and/or the Lakes included in such legal drain,
which assessment will be a lien against the Lot. The elevation of a Lot shall not
be changed so as to affect materially the surface elevation or grade of surrounding
Lots. 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 are subject to drainage easements, sewer easements, utility easements, entry
way easements, landscape easements, pond access easements, community area
access easements, pathway easements and nonaccess easements, either separately
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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
underground conduit, to serve the needs of Sedgwick 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 of the Owners.
(ii) 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 Sedgwick for the
purpose of installation and maintenance of sewers that are a part of said
system.
(iii) Utility Easements. (UE) 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
sewer easements.
(iv) Entry Way Easements. (EWE) are created for the use by
Declarant, the Architectural Review Board and the Corporation for the
installation, operation and maintenance of the Entry Ways.
(v) Landscape Easements. (LE) are created for the use by Declarant,
the Architectural Review Board and the Corporation for the planting and
maintenance of trees, shrubs and other plantings.
(vi) Detention Access Easements. (DAE) are created for the use of
Declarant, the Corporation, the Drainage Board and the City of Carmel for
the purpose of gaining access to a Detention Area in the course of
maintenance, repair or replacement of any thereof.
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(vii) Community Area Access Easements. (CAE) are created for the
use of Declarant and the Corporation for the purpose of gaining access to
the Commons in the course of maintenance, repair or replacement thereof
and for the use of Owners for the purpose of gaining access to such
Community Area to enjoy the use thereof to the extent authorized herein.
(viii) Pathway Easements. (PE) are created for the installation by
Declarant, the maintenance by the Corporation and the use by the Owners
of the Paths and Path Lights. .
(ix) Non-Access Easements. (NAB) are created to preclude access
from certain Lots to abutting rights-of-way across the land subject to such
easements.
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, 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.
(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.
(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.
( e) Crossing Underground Easements. Easements utilized for underground
service may be crossed by driveways, walkways, Paths, Detention Area Access
Easements and Community Area Access Easements 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, Paths, Detention Area Access Easements or Community
Area Access Easements, 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.
(f) Declarant's Easement to Correct Drainage. For a period of ten (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
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 of the soil, or to take any
other similar action reasonahly 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.
(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.
(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
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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
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 the General Plan
of Development or to changes thereto 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. N onvithstanding 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; mOligaging 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.
22.
Mortgages.
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(a) Notice to Cornoration. Any Owner who places a first mortgage lien upon
bis Residence or the Mortgagee shall notify the Secretary of the Board of
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495265 I
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Directors of such mortgage and provide the name and address of the Mortgagee.
A record of such Mortgagee1s name and address shall be maintained by the
Secretary and any notice required to be given to the Mortgagee pursuant to the
tern1S of the Declaration, the Articles or the By-Laws (the "Organizational
Documents'1) shall be deemed effectively given if mailed to such Mortgagee at the
address sh.own 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 MOLigagee, 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.
(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:
(i) Any condenmation or casualty loss that affects a material portion
of the Community Area;
(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;
(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 appertaining to any
Residence orthe 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 subject to a hen for, any unpaid Assessments
in excess of the amount set forth in such statement.
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(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.
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(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 Of 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.
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23.
Amendments.
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(a) Generally. 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.
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(b) By 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 the Recorder 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
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 orthe 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.
()
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,
495265_1
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2027, at which time said covenants and restnctIOns shall be automatically extended for
successi ve periods of ten (to) years, unless changed in who Ie or in part by vote of those Persons
who are then the Owners of a majority of the Lots in the Tract.
()
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.
()
27. Non-Liability of Declarant. 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.
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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 of 327 lAC 15, Storm
Water Run-Off Associated with Constnlction Activity. In connection with any
constnlction 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
495265_1
32
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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 Parcel, 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.
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IN TESTIMONY WHEREOF, Declarant has executed this Declaration as of the date set
forth above.
GWZ-l DEVELOPMENT, LLC
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By:
David R. Warshauer, Co-Manager
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495265_'
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COUNTY OF HAMIL TON
STATE OF INDIANA
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)ss:
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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-l 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.
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My Commission Expires:
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, Notary Public
Resident of
[SEAL]
This fnstrument prepared by David R. Warshauer, Atrorney at Law,
11 South Meridian Street, Indianapolis, Indiana 46204.
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495265_1
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County, Indiana
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CONSTRUCTION SEOUENCE SUlYIMARY
Because of its small size and the presence of an existing residence to
development, all of Sedg'Nick will be developed in a single phase.
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11AR 22 2002
DOCS
the north of the
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UTILITY SUMMARY FOR SEDGWICK
~gre~rl~~g
flP:R 22 2002
DOCS
Electric service will be provided by Cihergy utilizing existing pmver facilities alo'hg'131 st Street.
Electric
Telephone
Telephone service will be provided by Ameritech utilizing existing telephone facilities along
131 st Street
Water
Indianapolis Water Company (or Carmel Utilities, depending upon a pending sale of Clay
Township facilities) will provided water via a water line extension from approximately 131 SI
Street and Towne Road, the exact route and size to be determined by the providing utility,
Sanitary Sewer
Clay Township Regional Waste District ("CTRWD") will provide sanitary sewer service.
eTR WD has proposed construction of an interceptor sewer to the east of the property, in The
Lakes at Hayden Run. This interceptor sewer can serve Sedgwick.
Drainage
Sedgwick will have a series of swales and pipes directing stonnwater to two lakes, one near the
center of the site, the other at its south end. The ponds will outlet into a pipe under 131 st Street
that will take stormwater into the pond located in the proposed Hayden Run Subdivision and
ultimately into the Long Branch legal drain.
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Indiana Gas will provide nahlral gas service through a main to be extended from approximately
131 st Street and Towne Road. The exact route and size will be determined by Indiana Gas.
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PROJECT
LOCATION
.OON'T DIG BLIND.
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1-800- 382-5544
CALL BEFORE YOU DIG
VICINITY MAP
NO SCALE
OPERATING AUTHORITIES
CABLE TELEVISION
Comc.a.st Cable
533C E. a.5lh Sbwt
rndianapo6s., IN 4E22O
,3'7) 353c222S
CABLE TELEVISION
TIme Warner Cabl.e-
300Q RootMlt Av~,
Itxllariapo&5, IN 4e204
(~17) 632-9077
STREETS
IiMlitton COunty H~hway 0e?artmenI
.no SoLJth 10th Street
N~]De, IncfLana 45060
{317) 173-7770
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InfianapollsWar8lr Com~1"rf
1220 W;mN/ay ~ule'loWd
Ir'1dliMe.pol~. IN 46200
1::J11.l~.1~'
TELEPHONE
AmonI...,
5B58 N. DlDego Avenue
Indianap;JIli2, IN 4622Q
~311) :25:2-5168
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SEDGWICK
"PRIMARY PLAT"
RESIDENTIAL SUBDIVISION
SECTION 29, TOWNSHIP 1 B NORTH, RANGE 3 EAST, CLAY TOWNSHIP
HAMILTON COUNTY, CARMEL,)NDIANA
ZONED: S-l - 1 U / ACRE
DOCKET NO. 42-02 PP, 42-020 SW
PLANS PREPARED FOR:
GWZ DEVELOPMENT, LLC
9011 NORTH MERDlAN STREET, SUITE 202
INDIANAPOLIS, IN 46260
(317) 573-9301
(317) 573-9100 fax
CONTACT: MARK ZUKERMAN
COMMON AREA
RECORD OWNER
J. PETER MILLER AND
COOK ISLANDS TRUST LIMITED
UNCOL\tSfIIll.EBOtfLEVARD
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27 LOTS ON 33.161 ACRES
1.4KE
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SITE MAP
SCALE: 1" ~ 200'
131.. STREET
DATE OF SUBMISSION: 3-22-02
REVISED:
SOURCE OF TITLE: #200000029774
25 MPH DESIGN SPEED
DATE
REVISIONS
DESCRIPTION
SHEET INDEX
SHEET NO DESCRIPTION
TrTl.E SHEET
PRi,W\A"( PLAT
MISCEtL.oI,NEOUS DETAILS
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REVlSED STREET NAMES
RE'.lSED PER COMMENr LETTER
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P.O. Box.113f.i
lndl2MpoIb,. Irdiana 0$621)7
(317} 592-4500
El..ECTRIC
Ci:nB1gy, PSI
14JX1 East lndi<anapoli$ Road
GfeoefJC~. Il1diaJIa 4e135
l....aoo.-521-232:2
Canlad: Randy Lund
SANITARY
Cby Township RG(l1M1l1 Waste Di$lr"i~
t07Q1 Nom CQI!ege A\leooe, Suito A
lnd1anepoll3, Indiana 46240
(3. n 84+9200
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PLANS PREPARED BY:
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698 TOWER ROAD,r' SUfTE #1()()
PLAINFIELD~ IN 4616B
OU5_ (317) 839-2581, FAX' (317) 838-9171
E-MAIL banning@~ning-eng_ COin
CONTACT: LANCE G. FERRELL
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CERTIFIED BY:
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DATE: 03-22-02
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CURVE DATA TABLE
0RVt NO R.oJ)IUS DE[ A LENGTH CHORD
" 17'.00' 'l" <n9" 59.4 7' 69.0"
Al lDO.m]' n' 44'J9" 79.J9' 78.8
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'. All SAIlITlily SEwERS LINES SH/>l.L OE 8"P~C UNLESS
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2. All W,6,TERMAiNS SHAlL BE 8'., UNLESS tlOT(D orH(RWISE.
3. N..l STREETS ME TO BE ,0' WIDE AN!) HAVE ,0'
RIGHT .or 'WAV, UNlES, NOTED oTHERW15L
4. IHE EROSION CONTROL PLM4 WILL BE DtVELOPEO TO
IJEET N..l NRCS PJolO ONR REO\J1RH'ENTS AND WILL BE
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BENCHMA.~K
LOCATED ,opPROXIMATELr 2.5 "US NORTHEAST OF 2KlNSVILLE'
AT THE INTERSECTION Of SHEl60RNE ROI\OJ.N/J WEST 131sl STREE!.
IN THE SE 'I. OF THE HTER5ECTION' S[I IN THE fOP OF A CONCRETE
POS.T.l[IIEL wITH THE ROMWAY; A D[PAA,lylfr-.lT or NATURAl
RESOURCES ~RASS CONTROL STATION TmLET.5TIdJPED
"LEE 2 AZII9B9"
NA~.D, ELEVATION 917,;18
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~---~ OV[RH[I\!) UTILITIES
l""D OCSCRlPTION
A PoOrt 01 lhE I'-Iorlh'lll'esl auart~r of Sedil:)n 29, To-...n~l1ip 18 Norlh, Range .3 Eosl,
~om~tan Cfluniy. In.:licno. mC'lle por.kulruly (I-es.r:lib(!d ll:S lo.!lows.:
C~mmen-cLnl} (]! Ihe So-uthellst cerner 01 saicJ N()rtl'l...e~1 Ouor~er; t"'enee Sautt-! 89 de~(~~!.
35 mintJtes 32 $ecC)n~s West o10i19 1he $outt1 line of soid North.-cst O'-'<lrler 460.DO lee-I
~(l Iile PO~T Of BECINNlNG: lht;f1~e r;:gnunLJ'E: So..lh- 139 de~{Il:es .35 minLlte-s 32
sec(J{ld5- W.:st along s~id Suu(h line 20JJj~ '.eel l(l Ih~ S.outhwest corne' o-f the EllS! hall
of t"'e Eos\ h~lf cr sol:d H~rth.lIIesl Quorter: tl'leME' -C:Mtinue Swth. 89 dr-gre-es 35 minlJII""i:
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-sec.<lfids (cst 010n9 tile EO$1 ~il'l-e C1r $r'lid NNth\ll'~st OuorieJ 1,968.-40 (eel; thence Sou~h
89 r:leqius ~5 mlr'lLJle$ 32 s.e<::on-d-s West POi..,II.;:llo the South line or tho! NOrth..Cst
QU<Jt1eJ 4~O.OO lec:(; ltl'Cn~e SOlJth 00 degrees 05 mirl\,lles 53 -s-ec:,on.ds Eo-sl p.a~of1e:llQ !he'
Eo:;;lline of the NfJrlhwl:'st -Qvorler 1562.S7 f-eel lo the place DI beginning. CDnlOlrJln~
J].162 {]cn~s. more or l-ess. I rur~her certrly tho! the buildi"gls) on the oba...e-de"iu;hed
re~l~stale l'J,e 10cI'Jled on. Clnd wltt'lln the b.oiind-or;e"i tJf !il'li('j premis;:s (lncl the! the
bui1dif1g:s. loo::ot-ed; i',i.fl the Mjoini"9 p"-operly do nol -e-nCiOQCn up-on said reol estate.
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