HomeMy WebLinkAboutPacket 02-19-08
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INFORMATION BOOK
CARMEL-CLAY ADVISORY PLAN COMMISSION
PETITIONER: JBC1, LLC
PROJECT NAME: WOODHALL SUBDIVISION
CASE NOS. 07100032PP, and 07100033SW -7100036SW
PROPERTY ADDRESS: APPROX. 2051 WEST 106TH STREET
HEARING DATE:
FEBRUARY 19,2008
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RECEIVED
FE '008
Attorney for Petitioner:
Joseph D. Calderon
Bose McKinney & Evans LLP
301 Pennsylvania Parkway,
Suite 300
Indianapolis, IN 46280
(317) 684-5331
jcalderon@boselaw.com
DOCS
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INDEX TO EXHIBITS
1.
2.
3.
4.
5.
Description
Statement of Request
Findings of Fact
Location Map
Amended Primary Plat
Landscaping Plan (with e-mail correspondence between landscape architect
and Scott Brewer)
Aerial Photo
Revised Rendering of Proposed Entryway
Subdivision Waiver/Findings (Private Street)
Subdivision Waiver !Findings (Stub Street)
Subdivision Waiver/Findings (Cul-de-Sac Length)
Subdivision Waiver/Findings (Gate/Bus Pickup area)
Statement of Commitments
Draft Declaration of Covenants, Conditions and Restrictions
E-mail Correspondence Confirming Proposed Drainage Plan
Correspondence with Hamilton County Highways
Drawing Indicating Public Safety Equipment (Fire Truck-Ladder)
Maneuverability Through Subdivision
Item No.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
I09562U,DOC
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STATEMENT OF REQUEST
The Applicant seeks to develop 11.58 acres of currently undeveloped real estate, tor a
high-end, 9-10t subdivision, featuring low or no maintenance orthe various lots by the
ultimate lot owners. Substantial real estate is being devoted to common area, including
more than 2 acres of preserved woodlands. The Applicant has received from the Cannel
Clay Board of Zoning Appeals development standard variances to provide for a 30-foot
front setback line, and a 20- foot aggregate side yard setback.
Additionally, the Petitioner proposes that four (4) subdivision waivers be granted,
including a private street (which will be built to public street standards); the private street
having a cul-de-sac length in excess of 600 teet; no stub streets to adjoining property; and
a gated entry with no particularly dedicated bus pickup area.
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1036966 _I.DOC
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FINDINGS OF FACT FORM FOR
PRIMARY PLAT CONSIDERATION
Carmel Plan Commission
Carmel, Indiana
DOCKET NO.
NAME OF SUBDIVISION: Woodhall
PETrrIONER: JBC1, LLC
Based upon all the evidence presented by the petitioner and upon the representations and
certifications of the staff of the Department of Community Development, I determine that the plat
complies with standards of the Carmel Clay Subdivision Control Ordinance.
I hereby approve of the primary plat as submitted with the following specific conditions as agreed to
by the petitioner.
Condition 1.
Condition 2.
Condition 3.
I hereby disapprove of the primary plat as submitted for the following reasons
1.
2.
3.
DATED THIS _ DAY OF _' 20_.
Commission Member
11I1I94 99 _LDoe
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PROJECT
LOCATION
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LOCATION MAP
NO SCALE
PROJECT
LOCATION
GAS
VECTREN
P.O.SQ/I 1701)
Nl.Iblelivilk!.IMiai1845(}5G
317-776-5573
JimS~tt
ELECTRIC
CINERGY " PSi
1441 Sooth GUilfOrd Road
C.armel, Indiana -46(l32
JH-176-5M7
RiCk Mr:Clllin
SAt.lITARY
CLAY TOWNSHIP -REGI-rjNAL
WASTE: DISTRICT
'HH01 NmTh CoIIBge Avynue, Sul'teA
Indl.t'ln;e.polis, In.cJiana 46240
Jay w. AileI'
~~g~~rmtf10;j[S
5201 Ea$'t n,st Str-e-61
Carmel, Indiana 4fjO'J3
ROIl Faffilncl
/-D.ErJdOl.E:YS4r~
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VICINITY MAP
NO SCALE
OPERATING AUTHORITIES
CABLE fElEVISION
SR1GHT Hvu:x. 1"'llt:.1 v-,UHKS
516 East Carmel Drive
c.umel. Indiana 460.12
317 -972-9700
STREETS
HAMILTON COUNrv-.
HIGHWAY DEPARTMENT
1710 South 10th Street
Hable$'fi1~. Indlal"l8 4e~O
:317.n'J-7170
Millie Md3r}t;1111
STORM
RMlILTON COUfITY- -
DRAINAGE 130ARD
One. H.amllton Coonl~uare. SUile'f3ol3
~~~n~~~9~larla 0
WATER
CARMEL CITY UTILITlES
j,45{1 wEST 13151 STREEf
Westfield, IndlanOt 46207<l.
317-733-2855
paul Pace
TELEPHONE
sec.----.
5858 Narth College Allen!.)!!!
Indianapolis. llldi.ana 46220
311-972-1:17lJO
Jarom)' P$"delt~n
FIRE DEPARTMENT
CARl;lE[1\':CAY TOWNSHIP
FIRE OEPARTMENT
flre I-leadquarteorllo. Sta:OOn ~1
-:1 c.::lvicSqlJart'!
C.armel, Indiana 46032
317-57t-26oo
NUMBER
"PRIMARY PlAT"
''WOODHALL
LAN E'l
RESIDENTIAL SUBD./VISION CONTAINING 17.6 AC +.L-
E l-2 NE 114 NW 114, SEC. 9-TI7N-R3E
CLAY TOWNSHIP, HAMILTON COUNJY, INDIANA
PROJECT ADDRESS: 2065 106th STREET W., CARMEl., INDIANA 46032
DOCKET NO. 07J00032PP
106th Street
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SITE MAP
SCALE: "~120'
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STREET NAME CHART
SHEET INDEX
SHEET NO DESCRIPTION
LINE.
STREET NAME
WOOOHA.LL LANE
STREE" LENGTH
~QJ-'F +:
Tlill .S-HEEl"
PRIMARY fo':..A.T
rR~L1MINM'r ~OSION CONTROt PLAN
125 MPH DESIGN SPEED~
REVISIONS
DESCRIPTION
REVISED ENTRANCE
REVISED PER TAC COMMENT LETTERS
REVISED PER HIGHWAY DEPARMENT COMMENT LETTER
REvisED PER SUB:. COMMITTEE MEETING 02-05-011-
DATE
11-16-07
, 2-05-07
k04-08
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PROJECT
LOCATION
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LOCATION MAP
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DEVELOPER & PROPERTY OWNER
JB COHEN
2.0 EAST 9'st STREfT, SUITE A
INDIANAPOLIS, INDIANA 46240
PHONE: 3.7-844-4467
FAX: 3.7-844-4527
CONTACT: JEFFREY 8. COHEN
DATE OF SUBMISSION:
REVISED:
REALTY CORP
COHEN
SOURCE OF TITLE:
EXISTING ZONING: S .
CERTIFIED BY:
PLANS PREPARED BY:
~M!!!q~
853 COLUMBIA ROAD. SUITE #101
PLAINFIELD, IN 46168
BUS, (3'/7) 707-3700, FAX (317) 707-3800
E-MAIL bflnnins@bann;ng-eng.com
CONTACT: LANCE G. FERRELL
DATE
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BOTTOM'
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PRIVATE STREET STATEMENT
J6 COHEN REALTY CORP. AND AllY AND AlL ~UCCESSORS AJ-lD
ASSIGNS HEREBY WA.IVE ALL RlGHiS TO PETITION Tl1E HAMILTON
COUNTY HIGHWA.Y DEPARTMENT, THE HAM1LTON COU~N SOARD OF
COMMISSIONERS, OR t-IA1YIlLTON COUNTY, OR THE SuCCESSOR UNIT OF
GOVERNMEf'lT TO BE RESPONSIBLE FOR THE MAIr-rfEN.fflCe OF'THE
INGRESSlEGRESS EASEMENT, Of!. TO HAVE mE EASEMENT CQNSIOi;RED
A P\J8L1C ROAD NECESSITATINC MAlNTENANC:E BY MY UMT OF GOVERNMENT.
WHERE INGRESSIEGRESS EASEMEr-lTS ARE S~OWN ON THIS PLAT. THOSE
LOT OWNERSASVTTING SiJCH EASEMENTSSHN..L aWN EQUAl AND
UNDIVIDED INTEREST IN SUCH EASEMENTS AS TENAfiT51N COMMON, AND
IT SHALL BE THE OELlG",TION OF EACH OWNER IN COMMON WITH THE
OTHER LOT OWNERS ABUTTING SUCH A STREET TO CONTRIBlITE AN
EQUAl SHARE OF THE COST OF THE MAlNTENANCE OF SUCH STREETS.
WHERE A MAJORITY OF LOT OWNERS SERVED BY A PRIVATE STREET
ELECT TO REPAIR THE F~IVATE STREET LOCATED Ui THE EASEMENT
AND ONE OR. MORE LOT OWNERS FAIL TO PAY THEIRAL.lOCA8LE SHA.RE
OF SUCH F1E~AJR THEN THE. OWNERS PAYINQ SUCH COST MAY FILE A
LIEN FOR THE AE'A,.ot;ONASLE VALUE OF THE LABOR PERFORMED AND
MAtt:"RIAL8 FURNISHED AS PRESCRISED BY mE LIEN LAWS,OF TIlE STATE
oF" Ir-:iOI.ANA.AGAINST ANY SUCH LOT AND THE OVVNER THEREOF AND
REGOVER-THE FUll ASSESSMENT OWED TOGETHER WITH INTEREST
FROM DUE D(J,TE AAO REASONABLE ATTORNEY'S FEES. TIiE PRIVATE
EASEMENt M.I't'I' CONTAIN UTILITIES TO SERVE SAID LOTS. ALL PRIVATE
STREET EASEMENTS SHALL BE A UTIUTY EASEMENT
StTE CONSTRUCTION' SEQUENCE
A. INSTAlL CONSTf-(UCTION ENTRANCE ALONG THE PRCPOSr::D -ENTRANC[.
E. START MASS EARTHWORK, LAKE cONSTf'lUCTICH FOLLOWED ElY
EROSION COI<TROL
C. II>JSTAlLAND CO~NECT ALL INFRASTRUCTURE
D. MAINTAiN EROSiON CONTROL
GEN'ERAL NOTES
1. .aJ..l SANITARY SEWER SHALL. BE ij" PliC UNLESS NOTED OH-H:RiMSE..
2. WATER MAIN THRU THE SUBDIVISION TO BE O' P'IIC.
3. PRWATE STREET TO BE JIJ'IN WIDTH AND HAVE A5IJ' INGRESS
I;;GRESS EASEMENT,
4. AU. lOTS TO 1Q' 510EYARO SETBACK ANO 20' REAR YARD ~I;TEACK:.
5. S.O.$. TYPE ACCESS OE'JICE:S SHAlL SE INSTAlLEO AT" THE GATE;.
WI A ElATTERYElACKUP,
6 BLUE REFLECTORS TO BE PLACE IN THE STREET PERPEtiDICUlAR
TO fiRE HYDRANTS, TOALlOWflfilE DH'ARTMEr-lTTO MQRE EASiLY
LOCATE HYDRANTS DURING /IN EMERGENCY.
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,BtlRROWOODFAMJLY,FARM,INC.
INST.!'t 99Ogg09J.62
ZONING $-1'
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TREE,PRUERVATIOH AREA ~
COMMON AREA :'C:."
. 92;84651
L.OT 36
lOT 35
LOT:M
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Ff.OODI'LAlN NOTE
THIS PROJECT DOES NOT LIE WITHIN A SPECIAl FLOOD HAZARD ZONE
AS PLOTTED BY SCALE ON n-lE FEDEFJI.l EMERGENCY MANAGt:.MENT
AGENCY NAT10NAL FLQO[) INSURANCE PROG~ {FIRM} FLOOD
INSURANCE RATE MAP NUMBER 16G57C0215F, OArED JANUARY 5, 2001
WATERSHED NOTE
FITCH & JESSOP REGULATE;O DRAIN WATER~HED
SHEO '33
4]5.1:34 A.CRES
\NEll. RUN WATER SHED
EXISTING ZONING - Sf
C/JRVE DATA
RADIUS
150.DCI'
150.00'
150.00'
15{)J)Q'
150.00'
150.00'
lENGTH
46.3()'
IM.18'
'3(1, ~ I}'
63H
123_5~'
5tI,6J'
I CHORD DELTA
I 45.11' U!'41'03"
1 2"5. i 3' I "S" 43' 3-0"
~26.1J' I 49~43'lD"
52.67' 124'IJG'~"
'20.11-;-- 41' 12'D8'
56.26" 22.23"41'
CURVE NO,
C1
C2
C3
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~ PRE~ARED 5UaORADE
LOCAL STREET PAVEMENT SECTION
NO SCALE
f06th STRIiET @ ENTI!ANCE
PAVEMENT SECTION
NO SCALE
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E. NICHOLAS KESTNER
INST. ;1200400057782
ZONING S-1
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DRAINAGE --
~A."i.E""ENT
........----vwEs:r LINE Ell Npi<l NW/A NWf4 SEe S-flm.ft.J~
N 00"25'56" W
6~7.61'
216.66'
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f EAST LINE MW14 NWi4 Si:C9-Tl1NfUE
saIi026'45:.E 1335.17'
LOT 32
lOT 31
LOTJ()
LOf29
FORCE MAIN ____
AIR RELEASE VALVE
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lAND DESCRtPTION'
LEGEND
Part of the Ea$l tlatf of the Nortl1east Quartor of the NMhwa$t Quarte-r of Section 9, T.oWl'l'Sl'lip 11 North, Rang-a: 3
Ea!t Clay Towns.hlp, Ha.mlltoro County, Incllalla, m(Jre par'tKoulal1y dt:!$a1bed as f()llows~
ConvnSl'1cfng at the. No.r1hweat oomllr of tho Northwesl OuiJlwr 01 Sec/jOTl 9. fOWi1$.,ip 17 North, Rang& j Ea~t,
Clay Townstlip, Hamilten county, lnolal'18: the:I1CC NorUl8B deg;reeti 52 mijm.1ifS 28 seconds. E.a$'l {a$SlJmed!
bEari(1~11~01,05 feet(ln arh1l1long fhf! Nrri1lim~ -(If said Normwe-st Q'JartertlJ the POINT OF EJEG1NNING
IJftnl'5 doeKT1ptJlJ-n, nia point being tl'1l! Nnrthl:!1]sl oomer of the I-lorthwast Ql.liJr1~r I1f sadd No_rthwert Qua:l1et:
U1@nce 3ouO, 00 degr@es:2'6 mlnu.1:9s 45 sBCclIlds E.l'Ist 1335.11 f8t:ll on and alollg the- East line IJI Ul-e
NortrIwes1 Quarter of uld HOI1tlINE.st QuartOlr tel the Sm..Jlhe.ast comer of the NQ.rthwesl Quarter OT saki
Nm1hwesl Qllarter;lt!ence Sault! 88- degrees ~ 1 rninute$ 52 seconds West 423.08 h>€t on and along ttloe Souttl
Jinfl crt lne NOI"I:twiBsi QlJ!Ior1er of !;aid Northwe.sl Quartef: lhfllllC9 North OIJ ce-grees 2~ minut-e! 56 So9oonds WfIst
a distal'loo -of 667.132 feet to II pllnlon the North Ulle of Ih<e So...U1 Hall of ItI~Northw.:!st Ouarter-c' the said
NrlnhWl!'!'!!t Clua~ 'it1.enoo Nmth 8B dllyrnes 52 minut~ 10 $eCQrids :ilI$1 .on .and al.on!;l the North 1iN! ()f '!'htI
SmIth Half a. the Nerthw-e!'!t OLJRrter of the said NjJrthw~sl Quarter <I distance [)f90.C, f.eet to theSoutl'1w~
romFlor t'lf tl'1~ Ea"lll-tatf of 1M i"klnnlloElst QLJElrtllr of tho l-lorlhwe61 Quarter 0:1 'ailj NOrttlW$S1 Quarter: thMCIJ
Nertr. 00 ~ree9 2:5 minutes fie :,;cCllndfl Viesl 1367,61 011 and a'<J1l9 Ule WE'i.illlne clthe Ea:S1 M" mt1l1l
Nonn~st QU~er 01 trn:! NmtlweSf Quanei of said Nor1I1welit Ql,larter; thence Horth Sl:J. degr<ee1i 52 mlnutH
28 MCOrlcb Ea-st 8 dlslsri()'! L:lt332.17 reet on and a!o'llg tIUlI ~!)rth lille of said NMl1west Quarterto!ht!
POI~TOF BEGiNNING, OOf'ltfLlning.11.55ac:n:m mQiEl or less and :8lJbjocllo all ri9lits -ofwaY$ 21M
easements ill recoro.
a/STING
-, T - STORM SEWER
- :::, - S.llNITARYSEWER
WATER LINE
FENCE LI~E
-{:H~ OVERHEAO UTILITIES
-, - TELEpHONE: UNE
- - f - FORCE MAIN
STORM MANHOLE
stORM INLETS
SANITARY MANHOLES
.. UTILITY POLES
. TRE.E
,--y....-y~,.-, TREE LINE
1"
25'
2'
PAOPOSfD
I ~ _: _~_ STORM SEWER
SANITARY SEWER
- -. - - WATHIMAtN
. -----" "- FLOWLINE
e SIIHITARY MIIHHOLE
o STORM MANHOLE
o STORM INLET
If FiRE HYDRANT
(rnfM - B61.Rl MiN. FLOO[) f'ROTECT~ON GRAD~
ADA CROSSWALK PAVEMENT MARKING
- @HANDICI\I' RAMP
lY ADA HANOICAP RAMP
o CONCRETE MONUMENT
25"
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C,<t~,PR~FI~~~E.
13'
13'
4'
5'
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4'
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5LOPE~!FOOTp,.jIN
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100.
.IOSHtIA &
JANET R.
SHARP FREEDMAN
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COde 'Sciernific Nama-
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From:
Sent:
To:
Cc:
Subject:
Brewer, Scott I [SBrewer@carmel.in.gov]
Thursday, January 24, 2008 11 :28 AM
Greg Hoyes; Jeff Butz
Lance Ferrell; Conn, Angelina V; Mark Zukerman; jb@jbcohen.com
RE: Woodhall Tree Preservation Plans
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Thanks Greg:
I agree.
[J
Scott Brewer, City Forester
Environmental Planner, DOCS
City of Carmel,
One Civic Square
Carmel, IN 46032
PH: 317-571-2478
FAX: 317-571-2426
-----Original Message-----
From: Greg Hoyes [mailto:grh@co.hamilton.in.usJ
Sent: Thursday, January 24, 2008 11:07 AM
To; Jeff Butz
Cc: Lance Ferrell; Conn, Angelina V; Brewer, Scott 1; Mark Zukerman;
j b@j bcohen . com
Subject: RE: Woodhall Tree Preservation Plans
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Jeff
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Thanks for calling to discuss this issue. I understand that your plans
were complete before the utility layout was finalized and that changes
are still being made to the layout and easements. I am acceptable with
modifications to the landscape plan not being done until after the
subdivision committee meeting because things are still in limbo. Just
as long as we address this before the final landscape plan is approved
and locked in by the plan commission. This all can be made to work
together, we just need to have everyone looking at the same page to make
it happen. If you have any questions, please let me know.
o
o Greg Hoyes, AC, CFM
plan Reviewer
O Hamilton County Surveyor I s Office
. One Hamilton County Square, Suite 188
Noblesville, IN 46060
Phone: (317) 776-8495
D Fax: (317) 776-9628
>>> Jeff Butz <jeffbutz@sbcglobal.net> 5:40 PM Wednesday, January 23,
2008 >>>
U Greg, I drew these plans before the final engineering was done. After
- they finished we realized we had some conflicts. I have been waiting for
final comments from committee to finalize the planing details and will
[J be making the necessary changes to accommodate your standards. I have
been in touch with Lance and will be calling you to confirm I haven't
missed anything before I prepare the final drawings.
Thanks for your feedback
JSButz
[J Greg Hoyes <grh@co.hamilton.in.us> wrote:
Jeff
D I have reviewed the landscape plan and I see a landscape plan with no
storm sewer shown and easements not labeled. Every place we have a pipe,
1
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there appears to be landscaping directly over the proposed regulated
drain. This is not in compliance with comment #8 of my preliminary plat
review letter, Section 306.01 of the Hamilton County Stormwater
Technical Standards Manual, or Indiana Code 36-9-27-33(d).
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While we understand that landscaping and our regulates drain system need
to co-exist in a residential development, we can't have the issues
proposed like in this current plan. Either the storm lines need to be
moved or the landscaping needs to be moved, but the easements must be
separate from one another. If you have any questions, please let me
know.
o
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Greg Hoyes, AC, CFM
plan Reviewer
Hamilton County Surveyor's Office
One Hamilton County Square, Suite 188
Noblesville, IN 46060
phone: (317) 776-8495
Fax: (317) 776-9628
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>>> Jeff Butz 11:55 AM Wednesday, January 23,2008 >>>
Greg, please find attached the preliminary landscape plans. Please feel
free to contact me directly with any questions.
Thanks
JSButz
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Greg Hoyes wrote:
Jeff
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Yes, please send me a copy of the landscape plan for review. This should
avoid any surprises when we get to construction plans and we state no
landscape planting in the Regulated Drain Easements. If you have any
questions, please let me know.
o
Greg Hoyes, AC, CFM
Plan Reviewer
Hamilton County Surveyor's Office
[J One Hamilton County Square, Suite 188
Noblesville, IN 46060
Phone: (317) 776-8495
Fax: (317) 776-9628
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>>> "Brewer, Scott 1"
Dear Jeff:
12:10 PM Tuesday, January 22, 2008 >>>
o
Thank you for the plans, the meeting, and the changes you have made. As
U. I said in the meeting, I believe all my issues have been addressed, but
you may want to have Greg Hoyes go over the landscape plan because I
believe the Hamilton County Surveyor's Office will fell strongly about
plantings below the top of bank around the ponds and in the drainage
o ways.
LJ Scott Brewer, City Forester
Environmental Planner,
DOCS
o Ci ty of Carmel,
One Civic Square
o
2
D
Carmel, IN 46032
o PH: 317-571-2478
FAX: 317-571-2426
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From: Jeff Butz [mailto:jeffbutz@sbcglobal.net]
Sent: Tuesday, January 22, 2008 6:54 AM
To: sbrewer@ci.carmel.in.gov
Cc: Mark Zukerman; Jeff Cohen; Jeff Butz
Subject: Fwd: Woodhall
D
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Scott, attached is the tree preservation plan you requested. I believe
that completes the list of changes you asked me to make before you would
give your blessings for Woodhall to the committee. Please let me know by
end of week if there is anything else you require so I have time to
prepare it.
o
Thanks
o
JSButz
Note: forwarded message attached.
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Jeffrey S. Butz
Landscapes Unlimited
5155 West 106th Street
zionsville, Indiana 46077
(0)317-873-5886
(F)317-873-9116
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Jeffrey S. Butz
Landscapes Unlimited
5155 West 106th Street
zionsville, Indiana 46077
(0)317-873-5886
(F)317-873-9116
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Jeffrey S. Butz
Landscapes Unlimited
5155 West 106th Street
Zionsville, Indiana 46D77
(0)317-873-5886
(F)317-873-9116
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SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Fee: $834.00 for initial waiver (plus $389.00 for each additional waiver request)
Docket No.:
Date Received:
Contact Person:
Joseph D. Calderon
Telephone No.
317 -684-5331
Fax No. 317-223-0331
Email: icalderon@boselaw.com
Address:
30 I Pennsylvania Parkway, Ste 300, Indianapolis, IN 46280
PROJECT NAME:
Woodhall
PROJECT ADDRESS:
W. 106th Street
APPLICANT NAME:
lBC1, LLC
ADDRESS: 210 E. 91st Street, Ste "A," Indianapolis, IN 46240
TELEPHONE: 317-844-4467
Section (Section Number, Page, Item) of Subdi vision Regulations for which variance is being
requested:
6.03.20, page 6-3: No private streets permitted.
State explanation of why variance is being requested:
The proposed subdivision will be very private and very low density with a proposed gated entry.
State reasons supporiing variance request
The street will meet the requirements set forth In Section 6.03.20 for construction, maintenance and
financial standards.
Present zoning: S-1
Signature of Property Owner
THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC NOTICE FOR
THE PRIMAR Y PLAT. .
$-
APPLICATION FEE
1009499JDOC
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CARMEL PLAN COMMISSION
Carmel, Indiana
SUBDIVISION WAIVER
FINDINGS OF FACT
Docket No.:
Petitioner:
JBCl. LLC
Section Varied from: 6.03.20
Brief Description of Waiver:
To allow a private street.
In deciding whether or not the applicant has presented sufficient proof to permit the granting of a waiver,
the Plan Commission should consider the following:
The grant of a waiver will not be injurious to the public health, safety, morals and general
welfare of the community.
The use and value of area adjacent to the property included in the proposed plat will not be
affected in a substantially adverse manner.
The need for the waiver arises from some condition peculiar to the property and such
condition is not due to the general conditions of the neighborhood.
The strict application of terms of the ordinance to the property will constitute an unusual and
unnecessary hardship if applied to the property for which the waiver is sought.
The grant of the waiver docs not interfere substantially with the Comprehensive Plan.
7.
8.
9.
Dated this
day of
,2007.
Commission Member
I00949~_I.DOC
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SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Fee: $834.00 for initial waiver (plus $389.00 for each additional waiver request)
Docket No.:
Date Received:
Contact Person:
Joseph D. Calderon
Telephone No.
317-684-5331
Fax No. 317-223-0331
Email: icalderon@boselaw.com
Address:
301 Pennsylvania Parkway, Ste 300, Indianapolis, IN 46280
PROJECT NAME: Woodhall
PROJECT ADDRESS: W. 106th Street
APPLICANT NAME: JBC 1, LLC
ADDRESS: 210 E. 9Ist Street, Ste "A" Indianapolis, IN 46240
TELEPHONE: 317-844A467
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
6.03.03 page 6-2: certain streets to be extended to boundary line; Plat does not propose any stub
streets.
State explanation of why variance is being requested:
The proposed development is to be a very private gated community with very low density, and is not
conducive to connectivity with other residential developments.
State reasons supporting variance request:
The area is developed with very low density housing, and the only twoaTeas where stub streets could
go are not currently in need of connectivity with the subject property, and may not be compatible in the
future.
Present zoning: 8-1
Signature of Property Owner
THIS APPLICA nON MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC NOTICE FOR
THE PRIMARY PLAT.
$-
APPLICATION FEE
1009499 _!.DOC
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CARMEL PLAN COMMISSION
Carmel, Indiana
SUBDIVISION WAIVER
FINDINGS OF FACT
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Docket No.:
Petitioner:
mCI. LLC
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Section Varied from: 6.03.03
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Brief Description of Waiver:
No stub street provided.
In deciding whether or not the applicant has presented sufficient proof to permit the granting of a waiver,
the Plan Commission should consider the following:
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The grant of a waiver will not be injurious to the public health, safety, morals and general
welfare of the community.
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The use and value of area adjacent to the property included in the proposed plat will not be
affected in a substantially adverse manner.
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The need for the waiver arises froin some condition peculiar to the property and such
condition is not due to the general conditions of the neighborhood.
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The strict application of terms of the ordinance to the property will constitute an unusual and
unnecessary hardship if applied to the property for which the waiver is sought.
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The grant of the waiver does not interfere substantially with the Comprehensive Plan.
4.
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6.
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Dated this
day of
,2007.
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Commission Member
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1~499,1.DOC
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SUBDIVISION V AIUANCE
REQUEST APPLICATION
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(Submit two (2) copies)
Fee: $834.00 for initial Walver (plus $389.00 for each additional waiver request)
J
Docket No.:
Date Received:
J
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Contact Person:
Joseph D. Calderon
Telephone No.
317-684-5331
Fax No. 317-223-0331
Email: icalderon@boselaw.com
Address:
301 PelUlsylvania Parkway, Ste 300, Indianapolis, IN 46280
--
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PROJECT NAME:
Woodhall
PROJECT ADDRESS:
W. 1 06lh Street
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APPLICANT NAME:
JBC1, LLC
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ADDRESS:
210 E. 91'1 Street, Ste !lA," Indianapolis, IN 46240
TELEPHONE: 317-844-4467
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Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
6.03.07 page 6-2: cuI-de sacs shall not exeeed 600 feet in length; 1250 fool long cuI-dc-sac
proposed.
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State explanation of why variance is being requested:
The plat provides for a vcry low density, private devdoprnent on a narrow parcel of property. There is
room for only 1 street.
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State reasons supporting variance request:
The parcel being developed is too narrow and deep to be;: served by more than I street, and a significant
portion of the property will be pre;:served as woodland, or used as common area.
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Present zoning:
S-I
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Signature oj Property Owner
THIS APPLICA nON MUST BE SUBMITTED AT THE TfME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH TI-IE PUBLIC NOTICE FOR
THE PRIMARY PLAT.
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$
APPLICATION FEE
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CARMEL PLAN COMMISSION
Carmel, Indiana
SUBDIVISION WAIVER
FINDINGS OF FACT
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Docket No.:
Petitioner:
]Bel, LLC
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Section Varied from: 6.03.07
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Brief Description of Waiver:
To provide for a cul-de-sac in excess of 600 feet.
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In deciding whether or not the applicant has presented sufficient proof to permit the granting of a waiver,
the Plan Commission should consider the following:
The grant of a waiver will not be injurious to the public health, safety, morals and general
welfare of the community.
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The use and value of area adjacent to the property included in the proposed plat will not be
affected in a substantially adverse manner.
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The need for the waiver arises from some condition peculiar to the property and such
condition is not due to the general conditions of the neighborhood.
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The strict application of terms of the ordinance to the property will constitute an unusual and
unnecessary hardship if applied to the property for which the waiver is sought.
The grant of the waIver does not interfere substantially with the Comprehensive Plan.
l.
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3.
Dated this
day of
,2007.
Commission Member
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SUBDIVISION VARIANCE
REQUEST APPLICATION
(Submit two (2) copies)
Fee: $834.00 for initial waiver (plus $389.00 for each additlOnal waiver request)
Docket No,:
Date Recei ved:
Contact Person:
Joseph D _ Calderon
Tdephone No,
317-684-5331
Fax No. 317-223-0331
Email: icalderon@boselaw.com
Address:
30] Pennsylvania Parkway, Ste 300, lndianapolis, IN 46280
PROJECT NAME: Woodhall
PROJECT ADDRESS: W. 106111 Street
APPLICANT NAME: JBC I, LLC
ADDRESS: 210 E. 91st Street, Ste "A," Indianapolis, IN 46240
TELEPHONE: 317-844-4467
Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being
requested:
6.03,26(4), page 6-6: To permit a gilte on a private steret without a dedicated school bus picku2.. area._
State explanation of why variance is being requested:
The proposed subdivision is very low density and is being marketed to an audience that is likely not to
have school-age children requiring school bus service
State reasons supporting variance request:
The proposed development will have a guard house which can serve as a school but drop off area and
will keep school children off the streets.
Present zoning: S-1
Signature of Property Owner
THIS APPLICA nON MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC NOTICE FOR
THE PRIMARY PLAT.
$
APPLICATION FEE
1009499 J DOC
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CARMEL PLAN COMMISSION
Carmel, Indiana
SUBDIVISION W ArVER
FINDINGS OF FACT
o
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Docket No.:
Petitioner:
]BCL LLC
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Section Varied from:
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Brief Description of Waiver:
To allow a private street.
In deciding whether or not the applicant has presented sufficient proof to permit the granting of a waiver,
the Plan Commission should consider the following:
The grant of a waiver will not be injurious to the public health, safety, morals and general
welfare of the community.
o
The use and value of area adjacent to the property included in the proposed plat will not be
affected in a substantially adverse manner.
o
o
The need for the waiver arises from some condition peculiar to the property and such
condition is not due to the general conditions of the neighborhood.
The strict application of terms of the ordinance to the property will constitute an unusual and
unnecessary hardship if applied to the property for which the waiver is sought.
u
The grant of the waiver does not interfere substantially with the Comprehensive Plan.
10.
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11.
12
day of
,2007.
Dated this
Commission Member
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1009499_1 DOC
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COMMITMENTS CONCERNING THE DEVELOPMENT
AND USE OF REAL EST A TE
In accordance with Section 31.06.08 of the Carmel Zoning Ordinance, Indiana Code
Sections 36-7 -4-615 and 36-7-4-921, JBC 1, LLC (hereinafter the "Owner"), the owner of the
following described Real Estate located in Hamilton County, Indiana (hereafter the "Real
Estate") makes the following COMMITMENTS concerning the use and development of the Real
Estate to the Carmel/Clay Plan Commission (hereafter "Plan Commission").
1. Description of Real Estate: See Exhibit A ("Real Estate")
1091340JIJOC
2. Docket Nos. 07100032PP, 07100033SW, 07100034SW, 07100035SW and
07100036SW
3. Statement ofComrnitments:
a. Owner commits that all homes constructed within the development on the
Real Estate shall be "Custom Homes" defined as follows: "Homes built
by builders which are not companies that are publicly traded, and which
build less than one hundred (100) homes per year, as measured by the
immediate previous five (5) years."
b. All perimeter fences enclosing large areas on a lot within the development
on the Real Estate, such as a rear yard, shall be black wrought iron or
black wrought iron in appearance; provided, however, that other forms of
fencing, such as wooden shadow box fencing, shall be allowed to screen
smaller areas, such as patios, decks, pools, hot tubs, tennis courts and
above-ground utility appurtenances, such as air-conditioning units.
c. Owner commits that no driveway serving a home within the development
on the Real Estate win encroach upon any public storm sewer easement.
4. Binding on Successors and Assigns: These Commitments are binding on the
Owner of the Real Estate and each other person or entity acquiring an interest in
the Real Estate, unless modified or terminated by the Plan Commission. These
Commitments may be modified or terminated only by a decision of the Plan
Commission made at a public hearing after notice as provided by the rules of the
Plan Commission or as otherwise provided by IC 36-7-4-615 or 36-7-4-921.
5. Effective Date: The Commitments contained herein shall be effective upon the
grant of Primary Plat Petition 07100032PP and Subdivision Waivers
07120033SW, 07100034SW, 07100035SW, and 07100036SW by the Plan
Commission on February 19, 2008.
6. Recording: The undersigned hereby authorizes the Director ofthe Department of
Community Services, or the Secretary of the Plan Commission, to record these
commitments in the office of the Recorder of Hamilton County, Indiana.
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7. Enforcement: These commitments may be enforced by the Plan Commission and
the owners of all parcels of ground adjoining the Real Estate who were entitled to
receive personal notice of the plat approval and subdivision waivers under the
rules in force at the time the commitments were made.
IN WITNESS WHEREOF, Owner has executed this instrument this _ day of February, 2008.
JBC 1, LLC an Indiana limited liability company
By:
Jeffrey B. Cohen, Member
State of Indiana
)
)SS:
)
County of Marion
Before me, a Notary Public in and for said County and State, personally appeared Jeffrey
B. Cohen by me known and by me known to be a member of JBCl, LLC, an Indiana limited
liability company" who acknowledged the execution of the foregoing "Commitments
Concerning the Development and Use of Real Estate" on behalf of said limited liability
company.
WITNESS my hand and Notarial Seal this
day of
2008.
Notary Public
(Printed Signature)
My Commission Expires:
My County of Residence:
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law.
Joseph D. Calderon
Printed Name of Declarant
This Instrument prepared by Joseph D. Calderon, Attorney at Law, Bose McKinney & Evans
LLP, 301 Pennsylvania Parkway, Suite 300, Indianapolis, Indiana 46280.
1091340_I.DQC
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DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF WOODHALL
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T ABLE OF CONTENTS
PAGE
AR TICLE I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Definitions ........................................................ 2
ARTICLE II ............................................................ 5
Declaration; Common Areas and Rights Therein . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 5
Section 2.1. Declaration ............................................... 5
Section 2.2. Easement to Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
ARTICLE III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Obligations of Declarant as to Common Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Section 3.1. Construction and Conveyance of Street . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Section 3.2. Agreement to Constmct and Convey Other Common Areas. . . . . . . . . . . . . . .. 7
Section 3.3. Conservation Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
ARTICLE IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Corporation; Membership: Voting; Functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Section 4.1. Membershin in Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 8
Section 4.2. Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Section 4.3. Functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
ARTICLE V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
Board of Directors ................................................... 9
Section 5.1. Management .............................................. 9
Section 5.2. Initial Board of Directors ...................................... 9
Section 5.3. Additional Qualifications ..................................... 10
Section 5.4. Term of Office and Vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Section 5.5. Removal of Directors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Section 5.6. Duties of the Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Section 5.7. Powers of the Board of Directors ................................ 12
Section 5.8. Limitation on Board Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Section 5.9. Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Section 5.10. Non-Liabilitv of Directors and Officers ........................... 14
Section 5.11. Additional Indemnity of Directors and Officers . . . . . . . . . . . . . . . . .. . . .. 14
Section 5.12. Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
Section 5.13. Initial Management ........................................ 15
ARTICLE VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Real Estate Taxes: Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Section 6.1. Real Estate Taxes ..................... . . . . . . . . . . . . . . . . . . . .. 16
Section 6.2. Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
ARTICLE VII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Maintenance, Repairs and Replacements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 6
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Section 7.1. By Owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 6
Section 7.2. By the Corporation ......................................... 1 7
ARTICLE VIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
WoodhalJ Development Control Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Section 8.1. Creation ................................................ 19
Section 8.2. Character of the Real Estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . " 19
A. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
B. Residential Use of Accessory Outbuildings Prohibited. . . . . . . . . . . . . . . . . . . . . . .. 21
C. Occupancv and Residential Use of Partially Completed Dwelling House
Prohibited . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
Section 8.3. Restrictions and Obligations Concerning Size. Placement and
Maintenance of Dwelling Units and Other Structures. . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
A. Minimum Living Space Areas ....................................... 21
B. Set-Back Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
C. Mailboxes..................................................... 22
D. Exterior Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
E. Heating Plants and Garages ......................................... 22
F. Diligence in Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
G. Prohibition of Used Structures ....................................... 22
H. Maintenance of Lots and Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 22
1. Declarant's and the COl]Joration's Right to Perform Celiain Maintenance ............ 23
Section 8.4. Provisions Respecting Disposal of Sanitary Waste . . . . . . . . . . . . . . . . . . . " 23
A. Nuisances..................................................... 24
B. Construction of Sanitary Sewage Lines and Disposal Facilities .................. 24
Section 8.5. General Prohibitions ........................................ 24
A. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
B. ~........................................................24
C. Animals...................................................... 24
D. Vehicle Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
E. Garbage. Trash and Other Refuse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
F. Storage Tanks ...... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
G. Model Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
H. Temporary Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
I. Ditches and Swales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
J. Utility Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
K. Wells and Sentic Tanks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
L. Exterior Recreational Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 25
M. flome Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
N. Fences....................................................... 26
O. Swimming Pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 26
P. Garages...................................................... 2 6
Section 8.6. Committee's Functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
A. Statement of PUl]Joses and Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 26
B. Duties of Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 28
C. Liability of Committee ............................................ 28
D. Inspection..................................................... 28
Section 8.7. Rules Governing Building on Several Contiguous Lots Having One
O\vner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 2 9
ARTICLE IX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Assessments .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
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Section 9.1. Annual Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 29
Section 9.2. Proposed Ammal Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Section 9.3. Regular Assessments . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
Section 9.4. Special Assessments ........................................ 32
Section 9.5. Failure or Owner to Pay Assessments; Lien ......................... 33
Section 9.6. Initial Budgets and Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 34
Section 9.7. Initial Working Capital and Start-Up Fund. . . . . . . . . . . . . . . . . . . . . . . . " 35
ARTICLEX ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . " 36
Mortgages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
Section 10.1. Notice to Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
Section 10.2. Notice of Unpaid Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
ARTICLE XI . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Insurance ........................................................ 37
Section 11.1. Casualty Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 37
Section 11.2. Public Liability Insurance " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 38
Section] 1.3. Other Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
Section II .4. General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
Section 11.5. Insurance bv Owners ....................................... 39
ARTICLE XII ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 40
Casualty and Restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 40
ARTICLE XIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 41
Restrictions. Covenants and Regulations . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
Section 13.1. Restrictions on Use .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
Section 13.2. Non-applicability to Corporation... . '" . . ... .... ... . ...... '" ... 43
ARTICLE XIV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43
Amendment of Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43
Section 14.1. Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43
Section 14.2. Amendments by Declarant Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44
ARTICLE XV . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 45
Acceptance and Ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45
ART'JCLE XVI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . " 46
Negligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 46
ARTICLE XVII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . _ . . . . .. 46
Benefit and Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . .. 4 6
ARTICLE XVIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
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Section 18.1. Costs and Attorneys' Fees ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
Section 18.2. Waivcr ................................................ 47
Scction ] 8.3. Severability Clausc ........................................ 47
Section 18.4. Pronouns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
Section 18.5. Interpretation ............................................ 47
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DECLARA nON OF COVENANTS. CONDITIONS
AND RESTRICTIONS OF WOODHALL
This Declaration of Covenants, Conditions and Restrictions of Woodhall (this
"Declaration"), is made this
day of
, 2008, by WOODHALL, LLC, an
Indiana limited liability company ("Declarant"),
WITNESETH:
WHEREAS, Declarant is the owner of the real estate in Hamilton County, Indiana which is
more particularly described in Exhibit "A" attached hereto and herehy incorporated herein by
reference (hereinafter referred to as the "Real Estate"); and
WHEREAS, Declarant desires and intends to create on the Real Estate a residential
community with private streets, landscaped butrer areas, open spaces, lakes or ponds and other
common areas and amenities for the benefit of such residential community, to be known as
"Woodhall"; and
WHEREAS, Declarant desires to provide for the preservation and enhancement of the
values and amenities in such community and the common areas therein contained, and, to this end,
Declarant desires to subject the Real Estate to certain rights, privileges, covenants, restrictions,
easements, assessments, charges and liens, each and all to the extent herein provided, for the benefit
of the Real Estate and each owner of all or part thereot; and
WHEREAS, Declarant deems it desirable, tor the efficient preservation of the values and
amenities in said community, to create an agency to which shall be delegated and assigned the
powers of owning, maintaining and administering any common areas located on the Real Estate,
administering and enforcing the covenants and restrictions contained in this Declaration, collecting
and disbursing the assessments and charges imposed and created hereby and hereunder, and
promoting the health, safety and welfare of the owners of the Real Estate, and all parts thereof; and
WHEREAS, Declarant has caused, or will cause, to be incorporated under the laws of the
State ofIndiana a nonprofit corporation under the name HWoodhall Property Owners Association,
Inc. ", or a name similar thereto;
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NOW, THEREFORE, Declarant hereby declares that the Real Estate is and shaH be owned,
held, transferred, sold, conveyed, mortgaged, encumbered, leased, rented, used, improved and
occupied subject to the provisions, agreements, conditions, covenants, restrictions, easements,
assessments, charges and liens hereinafter set fCllih, all of which are declared to be in furtherance of
a plan for preservation and enhancement of the Real Estate, and are established and agreed upon for
the purpose of enhancing and protecting the value, desirability and attractiveness of the Real Estate
. as a whole and of each of the Lots situated therein.
ARTICLE I
Definitions
Section ]. I. The following words and terms, when used herein or in any supplement or
amendment hereto, unless the context clearly requires otherwise, shall have the following
meanmgs:
(a) "Act" shall mean and refer to the Indiana Nonprofit Corporation Act of 1991, as
amended;
(b) "Applicable Date" shall mean and refer to the date determined pursuant to Article
IV, Section 2(b) ofthis Declaration;
(c) "Articles" sha11 mean and refer to the Articles ofIncorporation of the Corporation,
as the same may be amended from time to time;
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(d) "Board" or lIBoard of Directors" shall mean and refer to the governing body of the
Corporation elected, selected or appointed as provided for in the Articles, By-Laws and this
Declaration;
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(e) "By-Laws" shal1 mean and refer to the Code of By-Laws of the Corporation, as the
same may be amended from time to time;
(t) "Committee" shall mean and refer to the "Woodhall Development Control
Committee", the same being the committee or entity established pursuant to Article VIII,
Section 1 of this Declaration for the purposes herein stated;
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(g) "Common Areas" shall mean and refer to (i) all portions of the Real Estate
shown on any recorded subdivision plat of the Real Estate which are not dedicated to the
public and which are not identifIed as lots on any such plat, whether such plat is heretofore
or hereafter recorded, (ii) to the extent hereinafter established, such portions of the Real
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Estate as are herein declared to be Common Areas even though located on or constituting
part of one or more such lots shown on any such plat, (iii) to the extent hereinafter
established, such improvements located, installed or established in, to, on, under, across or
through the Real Estate as are herein declared to be Common Areas whether located,
installed or established entirely or partially on Lots (as herein defined) or portions of the
Real Estate which are not Lots, or both; PROVIDED, HOWEVER, that the streets shown,
or to be shown, all a subdivision plat of the Real Estate, and all of the several parts thereof,
and noted, or to be noted, on such plat as such streets, sllall, for all purposes, be considered
a part of the Common Areas;
(h) "Cornman Expenses" shall mean and refer to expenses of administration of the
COl])oration, and expenses for the upkeep, mainten(ll1ce, repair and replacement of the
Common Areas, and all sums Lawfully assessed against the Owners by the Corporation, and
all sums, costs and expenses declared by this Declaration to be Common Expenses;
(i) "Conservation Easements" shall mean and refer to the two (2) areas shown on the
Site Plan;
(j) "Corporation" shall mean and refer to Woodhall Property Owners Association, Tnc.,
an Indiana nonprofit corporation which Declarant has caused, or will cause, to be
incorporated under said name or a similar name, its successors and assigns;
(k) "Declarant" shall mean and refer to WOODHALL, LLC, an Indiana limited liability
company, and any successors and assigns of it whom it designates in one or more written
recorded instruments to have the rights of Declarant hereunder, including, but not limited to,
any mortgagee acquiring title to any p0l1ion of the Real Estate pursuant to the exercise of
rights under, or foreclosure of: a mortgage execut\::d by Declarant;
(I) "Force Majeure" shall mean the time within which any party hereto shall be
required to perfoffi1 any act under this Agreement, other than the payment of money, shall
be extended by a period of time equal to the number of days during which the
performance of such act is unavoidably prevented or delayed, retarded or hindered by
Acts of God, fire, earthquakes, floods, explosion, actions of the elements, war declared or
undeclared (including "police action"), invasion, insurrection, riot, mob violence,
sabotage, inability to procure or a general shortage of labor, equipment, facilities,
materials, or slrikes, lockouts, actions of labor unions, condemnation, orders of
government, or civil or military authorities. or any other cause, \vhether similar or
dissimilar to the foregoing. not within the reasonable control of such party;
(m) "Dwelling Unit" shall mean [md refer to any building, structure or portion thereof
situated on the Real Estate designed and intended for use and occupancy as a residence by
one (1) single family;
(n) "Lot" shall mean and refer to any and each portion of the Real Estate (excluding any
part of the Common Areas) designed and intended for use as a building site for, or
developed and improved for use as, a Dwelling Unit (which shall be deemed to include any
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other buildings or improvements appurtenant to such Dwelling Unit), as designated by
Declarant by its deed of the same to another Person. A Lot will not necessarily be the same
as any individually numbered parcel of land shown upon, and identified as a lot 00, any
recorded subdivision plat of the Real Estate or any part thereof For purposes of this
Declaration, a "Lot" may be (i) any individually numbered parcel of land identified as a lot
on such subdivision plat, (ii) part of such a numbered parcel ofland, (iii) such a numbered
parcel of land combined with part or all of another such numbered parcel of land, or (iv)
parts or all of two (2) or more of such numbered parcels of land combined. The
determination of what pOltion of the Real Estate constitutes a "Lot" for purposes of this
Declaration shall be made by reference to, and shall mean, each tract of land conveyed by
Declarant to another Person for use as a building site for, or developed and improved for
use as, a Dwelling Unit (which shall be deemed to include any other buildings or
improvements appurtenant to such Dwelling Unit). Notwithstanding the foregoing, if after
the initial conveyance of a portion of the Real Estate by Declarant to another Person it is
agreed bet\veen the Declarant and such Person to enlarge or reduce or otherwise change the
portion of the Real Estate so originally conveyed to such Person as a "Lot", then the
detennination of what portion of the Real Estate constitutes such a "lot" for purposes of this
Declaration shall be made by reference to, and shall mean, such "Lot" initially so conveyed
by Declarant, as the same has been adjusted or changed at any time by conveyances by and
between Declarant and such Person. Any deed or other instmment of conveyance so
adjusting or changing the description of a "Lot" shall state on its face that it is made for such
purpose. Any part of a "Lot" reconveyed to Declarant shall, upon such re-conveyance, lose
its character as pali of a "Lot" and may thereafter by conveyed by Declarant as part of
another "Lot". The foregoing procedures may be used to correct en-ors in descliptions, to
adjust boundary lines of "Lots" or for any other reason;
(0) "Mortgagee" shall mean and refer to the holder of a recorded first mortgage lien on a
Lot or Dwelling Unit;
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(p) "Owner" shall mean and refer to the record owner, whether one or more Persons, of
the fee simple title to any Lot, hut in any event shall not include or mean or refer to a
mortgagee or tenant unless and until such mortgagee or tenant has acquired title to any Lot,
but upon so acquiring title to any Lot a mortgagee or tenant shall be an Owner;
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(q) "Person" shall mean and refer to an individual, firm, corporation, company,
partnership, association, trust, or other legal entity, or any combination thereof;
(1') "Real Estate" shall mean and reter to the parcel of real estate in Hamilton County,
Indiana described in Exhibit "A" attached to and incorporated in this Declaration, as
referred to in the first recital clause of this Declaration, and defined therein as the Real
Estate;
(s) "Restrictions" shall mean and refer to the agreements, conditions, covenants,
restrictions, easements, assessments, charges, liens and all other provisions set forth in this
Declaration, as the same may be amended from time to time;
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(t) "Site Plan" shall mean and reter to the preliminary plan reflecting Declarant's
proposed development of the Real Estate, a copy of which is attached hereto as Exhibit "B"
and hereby incorporated herein by reference.
Section 1.2. Other terms and words defined elsewhere in this Declaration shall have the
meanings herein attributed to them.
ARTICLE II
Declaration; Common Areas and Rights Therein
Section 2.1. Declaration. Declarant hereby expressly declares that the Real Estate shall be
held, transferred and occupied subject to the Restrictions. The Owners of any Lot subject to these
Restrictions, and all other Persons, (i) by acceptance of a deed from Declarant 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 conclusively be
deemed to have accepted such deed, executed such contract and undertaken such occupancy subject
to each Restriction and Agreement herein contained. By acceptance of such deed, or execution of
such contract, or undertaking such occupancy, each Owner and all other Persons acknowledge the
tights and powers of Declarant, the Committee and of the Corporation with respect to these
Restrictions, and also, for itself, its heirs, personal representatives, successors and assigns,
covenant, agree and consent to and with Declarant, the committee, the Corporation, and the Owners
and subsequent Owners of each of the Lots affected by these Resttictions to keep, observe, comply
with and perform such Restrictions and agreement.
Section 2.2. Easement to Owner. Declarant hereby grants a non-exclusive easement in
favor of each Owner for the lise, enjoyment and benefit of the Common Areas (except for such
portions of the Common Areas, if any, as to which, in accordance with other provisions hereof, the
use, enjoyment and benefit is limited to the Owners of certain designated Lots to the exclusion of
other Lots), subject to all of the Restrictions of this Declaration, and such easement shall be an
easement nmning with and appurtenant to each Lot. Without limiting the generality of the
foregoing, each Owner, his tenants, invitees and guests, shall have, and is hereby granted, a non-
exc1usi ve easement and right to ingress to, egress from and access between his or her Lot and Ditch
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Road, for pedestrian and vehicular traffic, upon, over and across the private streets shown, or to be
shown, on a subdivision plat of the Real Estate, the approximate location of which private street is
shown on the Site Plan (herein referred to as the "Street"). It is intended that the Street shall be
private streets and not for public use; provided, however, the Street may be dedicated to the public
by the Corporation if the Street is acceptable to the public authority receiving the same without
improvement thereof by the Owners or the Corporation and such dedication is approved in writing
in advance by at least two-thirds (2/3) of the Mortgagees (based on one vote for each first mortgage
owned) and Owners other than Declarant; provided, further, that improvements to the Street for the
purposes of dedication and making the same acceptable to such public authority, and the assessment
of the cost thereof to the OVIlllers, shall be subj ect to and require the approval Of the Owners of two-
thirds (2/3) of the Lots. In addition to the Owners, their tenants, invitees and guests, all public and
quasi-public vehicles, including but not limited to, police, fire and other emergency vehicles, trash
and garbage collection vehicles, post office vehicles, and privately owned delivery vehicles shall
have the right to enter upon and use the Street for ingress to, egress from and access bet\veen the
Lots and 106th Street in the perfonnance of their duties and services.
ARTICLE III
Obligations of Declarant as to Common Areas
Section 3.1. Construction and Conveyance of Street. Declarant has constructed, or will
construct, the Street at the approximate locations shown on the Site Plan, and, prior to the
conveyance of any particular Lot, Declarant covenants that it will cause the Street or necessary
portiones) thereof to be improved from the dedicated public street known as 106th Street, to a point
at least as far as the furthest intersecting lot line of such particular Lot, and that it\vill convey (if not
theretofore so conveyed) such portiones) ofthe Street to the Corporation by a special warranty deed
free and clear of aU liens and encumbrances except the lien of current real estate taxes and
assessments, legal highways and rights-of-way, all easements, covenants, conditions, restrictions
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and other matters of record, and any rights, interests and easements therein referred to herein or in
any subdivision plat of the Real Estate. Declarant shall, in any and all events, so construct the
Street, and convey the Street to the Corporation, not later than the Applicable Date.
Section 3.2. Agreement to ConstlUct and Convey Other Common Areas. Declarant has
constructed or provided for, or will Plior to
, 2009, subject to Force Majeure,
substantially construct or provide tor, Common Areas (in addition to the Streets) consisting of the
following items:
(a) a stonn drainage system for the Real Estate, which may include inlet pipes, open
ditches, swales, the lakes or ponds shown on the Site Plan, pipes and other
stmctures and drainage courses; and
(b) the installation, in the areas shown on the Site Plan (along the west and north
boundaries of the Real Estate, or other areas), and in any islands, esplanades, cul-de-
sac or cul-de-Ioop areas within the right-of-way of the Streets, of mounds,
landscaping and other screening material (including, without limitation, fences,
walls and street signs and directories).
Upon final constmction or provision of the Common Areas described in this Section 3.2, Declarant
covenants to convey all of its right, title and interest in and to said Common Areas to the
Corporation and all such right, title and interest in and to said items (whether owned in fee, by
leasehold, by contract or in the nature of an easement or license) shall then be the property of the
Corporation, whether or not the same may be located entirely or partially on anyone or more of the
Lots. As to any of such items of and constituting the Common Areas located entirely or partially on
anyone or more of the Lots, the Owners of such Lots shall take and hold ti tle thereto subject to an
easement for the maintenance of such improvements as Common Areas, and a right and easement
in favor of Declarant and the Corporation for access thereto and thereon for purposes of
maintaining such Common Areas.
Section 3.3. Conservation Easements. The Corporation shall maintain the Conservation
Easements in its current vegetative state, and shall contract with Altum until December 31, 2010, or
such other reputable company to perform routine maintenance and constmction of the Conservation
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Easements. No Owner or any other Person shall remove any trees, shrubs, or other vegetation from
the Conservation Easements except if it is dead or poses an imminent threat to person or property.
ARTICLE [V
Corporation: Membership: V oLing; Functions
Section 4.1. Membership in Corporation. Declarant and each Owner of a Lot shall,
automatically upon becoming an Owner, be and become a member of the Corporation and shall
remain a member until such time as his ownership of a Lot ceases, but membership shall terminate
when such Owner ceases to be an Owner, and will be transtened to the new Owner of his or her
Lot; provided, however, that any Person who holds the interest of an Owner in a Lot merely as
secUlity for the performance of an obligation shall not be a member until and unless he or she
realizes upon his or her security, at which time he or she shall automatically be and become an
Owner and a member of the Corporation.
Section 4.2. Voting Rights. The Corporation shall have the following classes of
membership, with the following voting rights:
(a) Class A. Class A members shall be all Owners except Class B members. Each Class A
member shall be entitled to one (1) vote for each Lot of which such member is the Owner
\vith respect to each matter submitted to a vote of members upon which the Class A
members are entitled to vote. When more than one (l) Person constitutes the Owner of a
particular Lot, all such Persons shall be members of the Corporation, but all of such Persons
shall have only one (I) vote for such Lot, which vote shall be exercised as they among
themselves determine, but in no event shall more than one (1) vote be cast with respect to
any such Lot.
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(b) Class B. Class B members shall be Declarant and all successors and assigns of
Declarant designated by Declarant as Class B members in a written notice mailed or
delivered to the resident agent ofthe Corporation. Each Class B member shall be entitled to
five (5) votes for each Lot of which it is the Owner and five (5) votes for each individually
numbered parcel of land shown upon, and identified as a lot on, any recorded subdivision
plat of the Real Estate of wl1ich it is the Owner (either as to the entire numbered parcel or
any part thereof) which is not a "Lot" as defined in this Declaration, on all matters requiring
a vote of the members of the Corporation. The Class B membership shall cease and
terminate upon the first to occur of (i) the date upon which the written resignation of the
Class B members as such is delivered to the resident agent of the Corporation, (ii) the date
Declarant no longer owns two or more Lots nor any portion of any individually numbered
parcel of land shown upon, and identified as a lot on, any recorded subdivision plat of the
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Real Estate, or (iii) December 31, 2012 (the first to occur of such dates being herein referred
to as the "Applicable Date"). After the Applicable Date, Class B memberships shall be
converted to Class A memberships, and each former Class B member shall be entitled to
one (l) Class A membership for each Lot owned and for each individually numbered parcel
of land shown upon, and identified as a lot on, any recorded subdivision plat of the Real
Estate of which it is then the owner (either as to thc entire numbered parcel or any part
thereat) which is not a "Lot" as defined herein.
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( c) Special. Until the Applicable Date, there shall be three (3) additional Special members
of the Corporation, being the persons from time to time appointed by Declarant to serve on
the "Initial Board" pursuant to Section 5.2. Persons who are Special members shall not be
deemed or considered members of the Corporation nor Owners of Lots for any purpose
other than to qualify to act as members of the Initial Board. Special members shall have no
voting rights on any matters submitted to a vote of the members (unless such Special
member is also a Class A member, in which event his voting rights shall be governed by
subsection (a) of this Section 2).
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Section 4.3. Functions. The Corporation has been (or will be) formed for the purpose of
providing for the maintenance, repair, replacement, administration, operation and ownership of the
Common Areas as and to the extent provided herein, to pay taxes assessed against and payable with
respect to the Common Areas, to pay any other necessary expenses and costs in connection with the
Common Areas, and to perform such other functions as may be designated for it to perform under
this Declaration or under any recorded subdivision plat of the Real Estate, whether heretofore or
hereafter recorded.
ARTICLE V
Board of Directors
Section 5.1. Manogement. The business and aftairs of the Corporation shall be govemed
and managed by the Board of Directors. No person shall be eligible to serve as a member of the
Board of Directors unless he or she is, or is deemed in accordance with this Declaration to be, an
Owner, including a person appointed by Declarant as provided in Section 5.2.
Section 5.2. Initial Board of Directors. The initial Board of Directors shall be composed of
the persons designated or to be designated in the Articles, to-wit: Jeffrey B. Cohen and Mark A.
Zukerman (herein referred to as the "Initial Board"), both of whom have been or shall be appointed
by Declarant. Notwithstanding anything to the contrary contained in, or any other provisions of,
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this Declaration, the Articles, the By-Laws or the Act (a) the Initial Board shall hold office until the
first meeting of the members of the Corporation occurring on or after the Applicable Date, and (b)
in the event of any vacancy or vacancies occurring in the Initial Board for any reason or cause
whatsoever prior to such flIst meeting occurring on or atter the Applicable Date determined as
provided above, every such vacancy shall be filled by a person appointed by Declarant, who shall
thereafter be deemed a member of the Initial Board. Each Owner, by acceptance of a deed to a Lot,
or by acquisition of any interest in a Dwelling Unit, shall be deemed to have appointed Declarant as
such Owner's agent, attorney-in-fact and proxy, which shall be deemed coupled with an interest and
irrevocable until the Applicable Date determined as provided above, to exercise all of said Owner's
right to vote, and to vote as Declarant determines, on all matters as to which members of the
Corporation are entitled to vote under the Declaration, the Articles, the By-Laws, the Act or
otherwise. This appointment of Declarant as such Owner's agent, attorney-in-fact and proxy shall
not be affected by incompetence of the Owner granting the same. Each Person serving on the
Initial Board, whether as an original member thereof or as a member thereof appointed by Declarant
to fill a vacancy, shall be deemed a Special member of the Corporation and an Owner solely for the
purpose of qualifying to act as a member of the Board of Directors and for no other purpose. No
such Person serving on the Initial Board shall be deemed or considered a member of the
Corporation nor an Owner of a Lot for any other purpose (unless he is actually the Owner of a Lot
and thereby a member of the Corporation).
Section 5.3. Additional Qualifications. Where an Owner consists of more than one Person
or is a partnership, corporation, trust or other legal entity, then one of the Persons constituting the
multiple Owner, or a partner or an officer or trustee, shall he eligible to serve on the Board of
Directors, except that no single Lot or Dwelling Unit may be represented on the Board of Directors
by more than one Person at a time.
Section 5.4. Term of Office and Vacancy. Subject to the provisions of Section 5.2 , the
entire membership of the Board of Directors shall be elected at each annual meeting of the
Corporation. The Initial Board shall be deemed to be elected and re-elected as the Board of
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Directors at each annual meeting until the first meeting of the members oecuning on or after the
Applicable Date provided herein. After the Applicable Date, each member of the Board of
Directors shall be elected for a term of one (1) year. Each Director shall hold office throughout the
tenn of his election and until his successor is elected and qualified. Subject to the provisions of
Section 5.2 as to the Initial Board, any vacancy or vacancies occurring on the Board shall be tilled
by a vote of a majority of the remaining members of the Board or by vote of the Owners if a
Director is removed in accordance with Section 5.5. The Director so filling a vacancy shall serve
until the next annual meeting of the members and until his successor is elected and qualified.
Section 5.5. Removal of Directors. A Director or Directors, except the members of the
Initial Board, may be removed with or without cause by vote of a majority of the votes entitled to be
cast at a special meeting of the Owners duly called and constituted for such purpose. In such case,
his or her successor shall be elected at the same meeting ti'om eligible Owners nominated at the
meeting. A Director so elected shall serve until the next annual meeting of the Owners and until his
or her successor is duly elected and qualified.
Section 5.6. Duties of the Board of Directors. The Board of Directors shall he the
governing body of the Corporation representing all of the Owners and being responsible for the
functions and duties of the Corporation, including but not limited to, providing for the
administration of the Real Estate, the management, maintenance, repair, upkeep and replacement of
the Common Areas (unless the same are othernrise the responsibility or duty of Owners), and the
collection and disbursement of the Common Expenses. After the Applicable Date, the Board may,
on behalf ofthe Corporation, employ a reputable and recognized professional property management
agent (herein called the "Managing Agent") upon such terms as the Board 8hal I determine, in its
judgment and discretion, to be reasonable and customary. The Managing Agent, if one IS
employed, shall assist the Board in carrying out its duties, which include, but are not limited to:
(a) protection, surveillance and replacement of the Common Areas, unless the same are
otherwise the responsibility or duty of Owners of Lots; provided, however, that this
duty shall not include or be deemed or interpreted as a requirement that the
Corporation, the Board or any Managing Agent must provide anyon-site or roving
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(h)
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guards, security service or security system tor protection or surveillance, and the
same need not be furnished;
(b)
procuring of utilities used in connection with the Lots, Dwelling Units and COnllnon
Areas (to the extent the same are not provided and billed directly to Owners of Lots
Lmd Dwelling Units by utility companies) and snow removal fi'om the Street;
(c)
landscaping, painting, decorating, furnishing, and maintenance and upkeep of, the
Common Areas;
(d)
surfacing, paving and maintaining the Street;
(e)
assessment and collection from the Owners of the Owners' respective shares of the
Common Expenses;
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preparation of the proposed annual budget, a copy of which will be mailed or
delivered to each Owner at the same time as the notice of the allliual or special
meeting at which the same is to be acted upon is mailed or delivered;
(g)
preparing and delivering annually to the Owners a full accounting of all receipts and
expenses incurred in the prior year; ifpossible, such accounting shall be delivered to
each Owner simultaneously with delivery of the proposed annual budget for the
current year;
keeping a current, accurate and detailed record of receipts and expenditures
affecting the Common Areas and the business and affairs of the Corporation,
specifying and itemizing the Common Expenses; all records and vouchers shall be
available for examination by an Owner at any time during nomlal business hours;
procuring and maintaining for the benefit of the Corporation, the Owners, any
Managing Agent and the Board the insurance coverages required under this
Declaration and such other insurance coverages as the Board, in its sole discretion,
may deem necessary or advisable;
paying taxes and assessments levied and assessed against, and payable with respect
to, the Common Arcas and paying any other necessary expenses and costs in
connection with the Common Areas; and
all duties and obligations imposed upon the Corporation or the Board under this
Declaration, the Articles, the By-Laws, the Act, or any recorded subdivision plat of
the Real Estate, whether heretofore or hereafter recorded.
Section 5.7. Powers of the Board of Directors. The Board of Directors shall have such
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powers include, but are not limited to, the power:
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(a) to employ a Managing Agent to assist the Board in performing its duties;
(b) to purchase, lease or otherwise obtain for the Corporation, to enable it to perfoffi1 its
functions and duties, such equipment, materials, labor and services as may be
necessary in the judgment of the Board of Directors;
(c) to employ legal counsel, architects, contractors, accountants and others as in the
judgment of the Board of Directors may be necessary or desirable in connection
with the business and affairs of the Corporation;
(d) to employ, designate, discharge and remove such personnel as in the judgment of
the Board of Directors may be necessary for the maintenance, upkeep, repair and
replacement of the ConU110n Areas and to perform all other maintenance, upkeep,
repair and replacement duties of the Corporation and the Board;
(e) to include the costs of performing all of its functions, duties and obligations as
Common Expenses and to pay all of such costs therefrom;
(f) to open and maintain a bank account or accounts in the name of the Corporation;
(g) to promulgate, adopt, revise, amend and alter fJOm time to time such additional rules
and regulations with respect to llse, occupancy, operation and enjoyment ofthe Real
Estate and the Common Areas (in addition to those set forth in this Declaration) as
the Board, in its discretion, deems necessary or advisable; provided, however, that
copies of any such additional rules and regulations so adopted by the Board shall be
promptly delivered to all Owners; and
(h) to grant to such public or private companies, entities or bodies as the Board shall
approve, such easements as may be necessary to provide the Lots, Dwelling Units
and Common Areas with facilities for utility and similar services, including but not
limited to cable television facilities and service; provided that such easements are
located within or are co-extensive with anyone or more easements, or Common
Areas shown upon, and identifIed as such on, or provided for in, any subdivision
plat of the Real Estate, whether such plat is heretofore or hereafter recorded.
Section 5.8. Limitation on Board Action. After the Applicable Date, the authority of the
Board of Directors to enter into contracts shall be limited to contracts involving a total expenditure
of less than $5,000.00 without obtaining the prior approval of a majority of the cumulative vote of
the Owners, except that in the following cases such approval shall not be necessary: (a) contracts
for replacing or restoring portions of the Common Areas damaged or destroyed by fire or other
casualty where the cost thereof is payable out of insurance proceeds actually received or for which
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the insurance carrier has acknowledged coverage; (b) proposed contracts and proposed expenditures
expressly set fOlih in the proposed annual budget as approved by the Owners at the annual meeting;
and (c) expenditures necessary to deal with emergency conditions in which the Board of Directors
reasonably believes there is insufficient time to call a meeting of the Owners.
Section 5.9. Compensation. No Director shall receive any compensation for his services as
such, except to such extent as may be expressly authorized by a majority vote of the Owners. The
Managing Agent, if any is employed, shall be entitled to reasonable compensation for its services,
the cost of which shaH be a Common Expense.
Section 5.10. Non-Liability of Directors and Officers. The Directors and officers of the
Corporation shall not be liable to the Owners or any other Persons for any error or mistake of
judgment exercised in carrying out their duties and responsibilities as Directors and officers, except
for their own individual willful misconduct, bad faith or gross negligence; nor shall any such
Directors and officers have any liability for any negligent pel-[offilance of their duties from which
they are granted immunity under lC ~34-30-4-1. The Corporation shall indemnify and hold
harmless and defend each of the Directors and officers against any and all liability to any person,
firrn or corporation arising out of contracts made by the Board on behalf of the Corporation, unless
any such contract shall have been made in bad faith. It is intended that the Directors and officers
shall have no personal liability with respect to any contract made by them on behalf of the
Corporation.
Section 5.11. Additional Indemnity of Directors and Officers. The Corporation shall
indemnify, hold harn11ess and defend any Person, his heirs, assigns and legal representatives, made
a party to any action, suit or proceeding by reason of the fact that he or she is or was a Director or
officer of the Corporation, against the reasonable expenses, induding attorneys' fees, actually and
necessarily incurred by him or her in connection with the defense of such action, suit or proceeding,
or in cOlmection with any appeal therein, except as otherwise specifically provided herein in
relation to matters as to which it shall be adjudged in such action, suit or proceeding that such
Director or officer is liable for gross negligence or misconduct in the performance of his or her
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duties. The Corporation shall also reimburse to any such Director or officer the reasonable costs of
settlement of or judgment rendered in any action, suit or proceeding, if it shall be found by a
majority vote of the Owners that such Director or officer was not guilty of gross negligence or
misconduct. In making such findings and notwithstanding the adjudication in any action, suit or
proceeding against a Director or officer, no Director or officer shall be considered or deemed to be
guilty of or liable for negligence or misconduct in the performance of his or her duties where, acting
in good faith, such Director or officer relied on the books and records of the Corporation or
statements or advice made by or prepared by the Managing Agent (if any) or any other officer or
employee thereof, or any accountant, attorney or other person, firm or corporation employed by the
Corporation to render advice or service unless such Director or officer had actual knowledge of the
falsity or incon-ectness thereof; nor shall a Director or ofticer be deemed guilty of or liable for
negligence or misconduct by virtue of the fact that he failed or neglected to attend a meeting or
meetings of the Board of Directors.
Section 5.12. Bond. The Board of Directors may provide surety bonds and may require the
Managing Agent (if any), the treasurer of the Corporation, and any other officers as the Board
deems necessary, to provide surety bonds, indemnifying the Corporation against larceny, theft,
embezzlement, forgery, misappropriation, wrongful abstraction, willfl1l misapplication, and other
acts of fraud or dishonesty, in such sums and 'with such sureties as may be approved by the Board of
Directors and any such bond shall specifically include protection for any insurance proceeds
recei ved for any rcason by the Board. The ex pense of any such bonds shall be a Common Ex pense.
Section 5.13. Initial Management. Notwithstanding anything to the contrary contained in
this Declaration, Declarant shall have, and Declarant hereby reserves to itself: the exclusive right to
manage or designate a Managing Agent for the Real Estate and Common Areas, and to perform all
the functions ofthe Corporation, until the Applicable Date. Declarant may, at its option, engage the
services of a Managing Agent affiliated with it to perform such functions and, in either case,
Declarant or such Managing Agent shall be entitled to reasonable compensation for its services.
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ARTICLE VI
Real Estate Taxes; Utilities
Section 6.1. Real Estate Taxes. Real estate taxes on each Lot, and on any Dwelling Unit or
other improvements on each Lot, are to be separately assessed and taxed to each Lot and shall be
paid by the Owner of such Lot. Any real estate taxes or other assessments against the Common
Areas shall be paid by the Corporation and treated as a Common Expense.
Section 6.2. Utilities. Each Owner shall pay for his own utilities which, to the extent
possible, shall be separately metered to each Lot and Dwelling Unit. Utilities which are not
separately metered to an Owner's Lot or Dwelling Unit shall be treated as and paid as part of the
Common Expense, unless otherwise determined by the Corporation.
ARTICLE VII
Maintenance, Repairs and Replacements
Section 7.1. By Owners. Each Owner shall, at his or her own expense, be responsible for,
and shall promptly perform as the need therefor arises, all maintenance, repairs, decoration and
replacement of his or her own Dwelling Unit, both interior and exterior. In addition, each Owner
shall furnish and be responsible for the maintenance of all portions of his or her Lot, except for such
portions thereof as may, in accordance with the tenns of this Declaration, be designated as a part of
the Common Areas tor purposes of maintenance only. All fixtures and equipment installed within
or as part of a Dwelling Unit, commencing at the points where the utility lines, pipes, wires,
conduits or systems enter the Lot upon which said Dwelling Unit is located, shall be maintained and
kept in repair by the Owner thereof. Each Owner shall promptly perform all maintenance and
repair of his or her Lot and Dwelling Unit which, if neglected, might adversely affect any other Lot
Or Dwelling Unit or any part of the Common Areas. Such maintenance and repairs include but are
not limited to internal water lines, plumbing, electric lines, gas lines, appliances, and all other
fixtures, equipment and accessories belonging to the Owner and a part of or appurtenant to his or
her Dwelling Unit or Lot.
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Section 7.2. By the Corporation. Maintenance, repairg, replacements and upkeep of the
Common Areas (including, but not limited to, the storm drainage system for the Real Estate) shall
(except to the extent provided herein as the obligation of Owners) be furnished by the Corporation,
as a part of its duties, and the cost thereof shall constitute a part of the Common Expenses.
In addition to the maintenance of the Common Areas, the Corporation, as part of its duties,
and as a part of the Conunon Expenses, shall provide for maintenance for the following items,
which shall be considered part ofthe Common Areas for purposes of maintenance only:
(a) those portions of the Real Estate, whether or not said portions are part of any of the
Lots, which are located outside any perimeter fencing (including walls) originally
installed by Declarant as part of the perimeter treatment of the Real Estate, but only
to the extent that the same are not maintained by or the responsibility of a public
authority; provided, however, that the Corporation shall have no obligation to
maintain any public street, road or highway located within any public right-of-way
on or abutting the Real Estate. For purposes of this subparagraph (a), "outside any
perimeter fencing" means the areas between such fencing and the nearest propcliy
line ofthe Real Estate;
(b) any perimeter fencing (including walls) originally installed by Declarant as pmi of
the perimeter treatment of the Real Estate;
(c) landscaping and other items installed by Declarant as pali of its initial development
of the Real Estate or by the Corporation in the right-of-way of the Streets and in the
Common Areas adjacent to the 106th Street right of way which abuts the north
boundary of the Real Estate, respectively, or other areas, as sho\'v'n on the Site Plan;
and
(d) the lakes or ponds shown on the Site Plan, including any equipment (such as water
wells, fountains or other aeration equipment) installed by Declarant as an
appurtenance to or to aid in the fi.mctioning of such lakes or ponds, whether or not
located on Lots.
The Board of Directors may adopt such other rules and regulations conceming maintenance,
repair, use and enjoyment of the Cornman Areas as it deems necessary, provided that the same are
not inconsistent with the express provisions ofthis Declaration.
In addition, the Corporation or its Managing Agent may assume responsibility for the
maintenance of the lawn, trees, shrubs and other landscaping (hereinafter referred to as "landscape
maintenance") on those Lots whose Owners have contracted for such maintenance services with the
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Corporation or its Managing Agent, in accordance with such rules and regulations concerning such
maintenance as may be adopted by the Board from time to time and for such additional fees and
charges which may be imposed by the Board for such services in addition to the Common
Expenses. Fees and charges for such landscape maintenance on individual Lots shall be separately
assessed against each such Lot tor which the Owner has contracted with the Corporation or its
Managing Agent for such services. Such assessment shall be separate and apart from, and in
addition to, the Regular Assessment tor Common Expenses and any Special Assessments, but shall
be assessed, collected and enforced in the same manner as all other assessments. The fees and
charges assessed against an indi vidual Lot for such landscape maintenance services shall constitute
a lien against that Lot in the same maImer as all other assessments. Such landscape maintenance
services shall include lawn mowing, seeding and feJiilizing, raking and removal of leaves and
debris, pruning, trimming and spraying of trees and shrubs and snow removal fi'om driveways,
sidewalks and other paved areas; however, such landscape maintenance shall not include any
replacement of lawns, trees, sru-ubs or other landscaping or of any driveways, sidewalks or other
paved areas, nor shall it include the planting of any flowers, trees or shrubs or the removal of any
trash or garbage. All lawns and landscaped areas on an individual Lot for which the Owner has
contracted with the Corporation or its Managing Agent for such landscape maintenance shall be
deemed Common Areas for purposes of allowing authorized representatives of the Corporation, the
Board and the Managing Agent for the Corporation (if any) reasonable access to such Lot for the
perfol1nance of such services, but not for the purpose of including the cost of any such services
within the Common Expenses.
Notwithstanding any obligation or duty of the Corporation to repair or maintain any of the
Common Areas (or items deemed Common Areas for purposes of maintenance), if, due to the
willful, intentional or negligent acts or omissions of an Owner or of a member of his family or of a
guest, tenant, invitee or other occupant or visitor of such Owner, damage shall be caused to the
Common Areas (or items deemed as such for purposes of maintenance), or if maintenance, repairs
or replacements shall be required thereby which would othelwise be at the Common Expense, then
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such Owner shall pay for such damage and such maintenance, repairs and replacements, as may be
determined by the Corporation, unless such loss is covered by the Corporation's insurance with such
policy having a waiver of subrogation clause. If not paid by such. Owner upon demand by the
Corporation, the cost of repairing such damage shall be added to and become a part of the
assessment to which such Owner's Lot is subject.
The authorized representatives of the Corporation, the Board and the Managing Agent tor
the Corporation (if any) shall be entitled to reasonable access to any Lot as may be required in
connection with maintenance, repairs or replacements of or to the Common Areas and items
deemed as Common Areas for purposes of maintenance, including, but not limited to, access to any
easements reserved, granted or created by any subdivision plat of any portion of the Real Estate for
such purposes.
ARTICLE VIII
Woodhall Development Control Committee
Section 8.1. Creation. There shall be, and hereby is, created and established the "Woodhall
Development Control Committee" (the "Committee") to pertonn the functions provided to be
performed by it hereunder or under any subdivision plat of the Real Estate. Until the Applicable
Date, Jeffrey B. Cohen, Mark A. ZUke1l11an and Scott Perkins shall constitute the Committee. After
the Applicable Date, the Committee shall have a standing committee of the Corporation consisting
of three (3) or more Persons as may, from time to time, be provided in the By-Laws. If the By-
Laws do not, at any time, provide for the Committee, then the Board shall be and constitute the
Committee.
Section 8.2. Character of the Real Estate.
A. In General. Every Lot in the Real Estate, unless it is otherwise designated by the
Declarant, is a residential lot and shall be used exclusively for single family residential purposes.
No structure shall be erected, placed or pennitted to remain upon any of said residential lots except
a single family dwelling house and such outbuildings and other improvements, appurtenances and
facilities as are usual and customary accessory uses to a single family dwelling house, provided
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single family dwelling houses and ancillary stmctures may be constmcted in such sequence on a
Lot or across the boundary of a Lot, as the Owner may determine, and such dwelling house may he
used for ancillary and related residential purposes to the primary residence located on the adjoining
lot, all subject to compliance with the Guidelines for Architectural Control attached hereto as
Exhibit "C".
Prior to the commencement of any constmctlon or demolition activity on a Lot, a
delineation of the building area for each Lot shall be submitted to the Committee tor approval by
the Committee, and all trees outside the building, driving and parking areas shall be designated by
type and size and shall not be removed unless approved by the Committee upon proof of unusual
hardship in the practical utilization of the Lot and such removal shall not cause a material adverse
effect upon the aesthetic values of adjoining lands and rights-or-way.. Trees inside the building area
which are designated by the Committee as having special value shall not be destroyed, but shall be
moved to other areas of the Lot at the Owner's expense, unless they exceed 12" in diameter and
cannot be moved. Trees upon the Conservation Easements shall not be removed unless they are
dead or pose an imminent threat to person or property.
Unpermitted removal or destmction of trees by an Owner or his successors in title, other
than by acts of God or circumstances beyond the Owner's control, shall, within ninety (90) days
after notice in writing from the Committee, be replaced by the Owner, at his expense, with a tree of
a type and size established by the Committee, and upon failure to do so, the Committee shall cause
such tree to be replaced and the cost of such replacement shall be a lien upon the Lot collectable in
any court of law or equity together with reasonable attorney's fees for the enforcement of such lien.
For purposes of executing this covenant, an easement for ingress and egress shan be and hereby is
reserved on each Lot for the performance thereof
Adequate physical barriers, such as straw bales or snow fence, shall be provided by builders
to protect trees to be preserved from damage by construction equipment or otherwise in the erection
of building improvements. Pruning of trees outside the building line shall be permitted subject to
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the review and approval of the Committee and shall be undertaken only by qualified persons havi ng
adequate equipment to properly protect and preserve such trees.
In addition to individual site plan restrictions and tree preservation administered by the
Committee, platted building lines, minimum distances between buildings and minimum fi'ont, side
and rear building lines shall be as established on any plat of the Real Estate. All constmction upon
the Real Estate shall be done in compliance with the requirements of all applicable zoning, building
and other govemmentallaws, ordinances, codes and other regulations.
B. Residential Use of Accessory Outbuildings Prohibited. No accessory outbuildings
or other accessory uses or improvements shall be erected on any of the Lots prior to the erection
thereon of a single family Dwelling Unit, and in no event shall any such accessory outbuilding or
any temporary structure which may be constructed upon a Lot subject to these Resttictions ever be
used as a residence or dwelling house or place tor human occupancy or habitation. No metal
outbuildings shall be permitted on any Lot. All outbuildings must be of the same design and
materials as the primary stmcture and shall be subject to the approval of the Committee.
C. Occupancy and Residential Use of Partially Completed Dwelling House Prohibited.
No Dwelling Unit constructed on any of the Lots shall be occupied or used for residential purposes
or human habitation until it shall have been substantially completed. The detennination of whether
the Dwelling Unit shall have been substantially completed shall be made by the Committee and
such decision shall be binding on all parties.
Section 8.3. Restrictions and Obligations Concerning Size, Placement and Maintenance of
Dwelling Units and Other Structures.
A. Minimum Living Space Areas. Each Dwelling Unit, exclusive of open porches,
attached garages and basements, shall have a minimum total floor area of 3250 square feet for single
story homes and [or multiple story homes, the ground floor shall be no less than 2000 square feet.
B. Set-Back Requirements. Set-back and yard size requirements for Lots shall be as set
forth on any recorded plat of the Real Estate.
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C. Mailboxes. In order to aid in the preservation of aesthetic appearances within the
Real Estate, all mail boxes shall be of uniform appearance and design. A standard mailbox design
will be prepared by the Committee, and such design shall he the standard for all mailboxes installed
on the Real Estate.
D. Exterior Construction. The finished exterior of every Dwelling Unit and other
building constructed or placed on any Lot shall be brick, stone or other masonry product. All
driveways shall be constructed of hard mixed aggregate, concrete, concrete pavers, brick or other
material acceptable to the Committee. No asphalt shall be permitted. All driveways must be
paved from their point of connection with the abutting street or road to their point of connection
with the garage apron.
E. Heating Plants and Garages. Every Dwelling Unit located on the Real Estate must
contain a heating plant installed in compliance with the required codes and capable of providing
adequate heat for year-around human habitation of the Dwelling Unit. Every Dwelling Unit located
on the Real Estate must have at least a two-car garage and all garages shall be attached to the
Dwelling Unit and shall be ofthe same architectural design and materials as the Dwelling Um1.
F. Diligence in Construction. Every building whose construction or placement on any
Lot is begun shall be completed within twenty-tour (24) months after the begilming of such
construction or placement. No improvement which has partially or totally been destroyed by fire or
otherwise shall be allowed to remain in such state for more than three (3) months from the time of
such destruction or damage.
G. Prohibition of Used Structures. All structures constructed or placed on any Lot shall
be constructed with substantially all new or recycled materials, and no structures shall be relocated
or placed on any such Lot.
H. Maintenance of Lots and Improvements. The Owner of any Lot shall at all times
maintain the Lot and any improvements situated thereon in such a manner as to prevent the Lot or
improvements from becoming unsightly and, specifically, such Owner shall:
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i)
Mow the Lot at such times as may be reasonably required in order to prevent
the unsightly growth of vegetation and noxious weeds and, in any event, not
less frequently than once each month during the months of April through
October, inclusive, of each year;
ii)
Remove all debris or mbbish;
iii) Prevent the existence of any other condition that reasonably tends to detract
from or diminish the aesthetic appearance of the Real Estate;
iv) Cut down and remove dead trees;
v) Where applicable, prevent debris and plant material from entering drainage
areas;
vi) Keep the exterior or all improvements in such a state of repmr or
maintenance as to avoid their becoming unsightly; and
vii) Within sixty (60) days following completion of a Dwelling Unit on a Lot,
the Owner shall landscape the Lot, weather permitting.
1. Declarant's and the Corporation's Right to Perform Certain Maintenance. fn the
event that any Owner of a Lot shall fail to maintain his Lot and any improvements situated thereon
in accordance with the provisions of these Restrictions and the provisions of any recorded plat of
the Real Estate, the Declarant, until the Applicable Date, and, thereafter, the Corporation, shall have
the right, but not the obligation, by and through its agents and employees or contractors, to enter
upon said Lot and repair, mow, clean or perfonn such other acts as may be reasonably necessary to
make such Lot and improvements situated thereon, if any, confoml to the requirements of these
Restrictions and the provisions contained in any such plat. The cost thereof to the Declarant or the
Corporation shall be collected as a special assessment against such Owner and his Lot in the
manner provided for herein for the colIection of Common Expenses. Neither the Declarant nor the
Corporation, nor any of its agents, employees, or contractors, shall be liable for any damage which
may result from any maintenance work performed hereunder.
Section 8.4. Provisions Respecting Disposal of Sanitarv Waste.
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A. Nuisances. No outside toilets shall be permitted on any Lot (except during a period
of construction and then only with the consent of the Committee), and no sanitary waste or other
wastes shall be permitted to be exposed.
B. Construction of Sanitary Sewage Lines and Disposal Facilities. AU sanitary sewage
lines and disposal facilities on the Lots shall be designed, constructed, installed and maintained in
accordance with the provisions and requirements of Hamilton County, Indiana, any other
governmental or quasi-governmental agencies having jurisdiction over public sanitary sewers (if
such sewers are available to service the Lots) and these Restlictions.
Section 8.5. General Prohibitions. In addition to any restrictions or limitations contained
elsewhere in this Declaration or in any recorded plat of the Real Estate, the following limitations,
restrictions and prohibitions shall govern the development, use and occupancy ofthe Real Estate:
A. ill General. No noxious or offensive activities shall be carried on any Lot, nor shall
anything be done on any of said Lots that shall become or be an unreasonable annoyance or
nuisance to any Owner of another Lot
B. Signs. Except as otherwise permitted by any plat of the Real Estate or the
Committee, no si.6ms or advertisements shall be displayed or placed on any Lot or structures without
the prior written approval of the Committee, but signs advertising the sale of a Lot or Dwelling Unit
may be maintained on a Lot so long as the fonn and size of the sign is approved by the Committee.
C. Animals. No animals shaH be kept or maintained on any Lot except usual
household pets, and, in such cases, such household pets shall be kept reasonably confined so as not
to become a nuisance or annoyance.
D. Vehicle Parking. No truck, motor home, campers, trailers, recreational vehicles,
boats, boat trailers or similar vehicles shall be parked on any Streets or Lot, unless the same are
parked in a garage.
E. Garbage, Trash and Other Rethse. No Owner of a Lot shall bum or permit the
buI11ing out-of:doors of garbage or other refuse, nor shall any such Owner accumulate or permit the
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accumulation out-of-doors of such refuse on his Lot. All houses shall be equipped with a garbage
disposal unit.
F. Storage Tanks. No storage tanks of any nature shall be allowed on the surface or
to be buried at the property.
G. Model Homes. No Owner of any Lot, other than Declarant, shall build or pennit the
building upon his Lot of any dwelling house that is to be used as a model home, speculative home
or exhibit house without permission to do so from the Declarant.
H. Temporary Structures. No temporary house, trailer, tent, garage or other outbuilding
shall be placed or erected on any Lot, nor shall any overnight camping be permitted on any Lot.
I. Ditches and Swales. It shall be the duty of every Owner of every Lot on which any
part of an open stann drainage ditch or swale is situated to keep such portion thereof as may be
situated upon his Lot continuously unobstmcted (both by improvements and plant material) and in
good repair, and to provide for the installation of such culvcris upon said Lot as may be reasonably
nccessary to accomplish the purposes of this subparagraph I.
J. Utility Services. Utility services shall, to the greatest extent possible, be installed
underground and in or adjacent to public rights-of-way or the rights-of.way of the Streets to
minimize removal of or damage to trees.
K. Wells and Septic Tanks. No water wells shall be drilled on any of the Lots, nor
shall any septic tanks or other sewage disposal systems be installed on any ofthe Lots.
L. Exterior Recreational Equipment. All exterior recreational equipment must be
approved by the Committee. All playground equipment shall be made of wood as its primary
building material and shall not be made primarily of metal or plastic. No tree houses wIll be
pennitted.
M. Home Business. No home occupation shall be conductcd or maintained 011 a
Lot or 10 a Dwelling Unit other than one which is incidental to a business, profession or
occupation, which IS generally or regularly conducted at another location away from the
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Woodhall Declaration.DOC
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Dwelling Unit or which does not have more than one invited guest at the Dwelling Unit at any
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N.
Fences.
No fence, wall, hedge or other screening shall be erected on a Lot
unless approved by the Committee, and in no event shall such fence, wall or other screening
contain chain link fencing.
O.
Swimming Pools.
No above ground sWImmmg pools shall be pennitted on
any Lot other than a child's wading pool.
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P. Garages. The vehicle entrance to any garages shall not be parallel with the
abutting street.
Section 8.6. Committee's Functions.
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Statement of Purposes and Powers. The Committee shall regulate the exterior
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design, appearance, use, location and maintenance of lands subject to these Resttictions, and
improvements thereon, in such a manner as to preserve and enhance values, to maintain a
ham1onious relationship among structures and the natural vegetation and topography, and to
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provide for the proper functioning of the storm drainage system for the Real Estate. For these
purposes, the Committee may, from time to time and at any time, make, amend and modify such
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nIles, regulations and guidelines as it may deem necessary or desirable to guide Owners as to the
terms, conditions, procedures and requirements of the Committee for the submission and approval
of items to it. Such rules, regulations and guidelines may, in addition, set fOlih additional
specifications to those set forth herein or in any subdivision plat of the Real Estate, so long as the
same are not inconsistent with this Declaration or any such suhdivision plat. Attached hereto as
Exhibit "C" and hereby incorporated herein by reference are the initial "Guidelines For
Architectural Control" adopted by Declarant as the initial Committee.
(i) Generally. No dwelling, building, structure or improvement of any type of kind
shall be constructed or placed on any Lot without the prior approval of the
Committee. Such approval shall be obtained only after written application has been
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Woodhilll DeclariltiOllcDOC
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made to the Committee by the Owner of the Lot requesting authorization from the
Committee. Such wlitten application shall be made in the manner and foml
prescribed from time to time by the Committee, and shall be accompanied by two
(2) complete sets of plans and specifications for any such proposed construction or
improvement. Such plans shall include plot plans showing the location of all
improvements existing upon the Lot and the location of the improvement proposed
to be constructed or placed upon the Lot, each properly and clearly designated.
Such plans and specifications shall set fOlth the color and composition of all exterior
materials proposed to be used and any proposed (and existing) landscaping, together
with any other material or infonnation which the Committee may require. All
building plans and drawings required to be submitted to the Committee shaH be
drawn to a scale of 1/4"=1' and all plot plans shan be drawn to a scale of 1 "=30', or
to such other scale as the Committee shall require. There shall also be submitted,
where applicable, such other pennits or reports as may be required under this
Declaration. The following drawings shall be considered minimum for approval
study:
(a) Site plan which includes complete topographic study, location of all trees,
existing and proposed structures, drives, proposed (or existing) sanitary
sewage disposal system location, utility service, terraces and all landscape
details (including size of all plantings and type); and
(b) Foundation plan, floor plans, cross-sections, exterior elevations, interior
elevations, electrical drawings, interior details, and complete specifications
for all materials to be used both inside and outside the house, building,
structure or other improvement
(ii)
Power of Disapproval. The Committee may refuse to grant permission to constmct,
place or make the requested improvement, .when:
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(a) the plans, specifications, drawings or other material submitted are,
themselves, inadequate or incomplete, or show the proposed improvement to
be in violation of these Restrictions or any rules, regulations or guidelines
adopted by the Committee;
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(b) the design or color scheme of a proposed improvement is not in hamlOny
with the general surroundings of the Lot or with adjacent buildings or
structures in the sole opinion of the Committee; or
(c) the proposed improvement, or any part thereof: would, in the sole opinion of
the Committee, be contrary to the interests, welfare or rights of all or any of
other Owners.
(iii) Change. Modification or Amendment of Rules, Regulations and Guidelines. Any
rules, regulations and guidelines at any time made by the Committee (including the
initial "Guidelines for Architechlral Control" attached as Exhibit "C" to this
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Declaration) may be changed, modified and amended by the Committee at any time,
and from time to time, on a prospective basis; provided, however, that no such
change, modification or amendment shall be applied by the Committee retroactively
as to any construction theretofore completed nor as to the construction of any
improvement which has previously been formally approved by the Committee if
such constmction has been commenced or is commenced within ninety (90) days
after such change, modification or amendment is effective. Any rules, regulations or
guidelines adopted and made by the Committee, and any changes, modifications or
amendments of any such rules, regulations and guidelines at any time made by the
Committee, shaH be set forth in a written instrument and recorded in the office of
the Recorder of Hamilton County, Indiana, and shall be effective upon such
recording; provided, however, that the making, adoption, change, modification and
amendment of any such rules, regulations or guidelines by the Committee shall not
be considered or deemed to be amendments of this Declaration requiring the consent
or approval of any Owners, Mortgages or other Persons.
B. Duties of Committee. The Committee shall approve or disapprove proposed
improvements within 30 days after all required infonnation shall have been submitted to it. One
copy of submitted matelial shall be retained by the Committee for its pem1anent files. All
notifications to applicants shall be in writing, and, in the event that such notification is one of
disapproval, it shall specify the reason or reasons therefor.
C. Liabilitv of Committee. Neither the Committee, 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 Committee does not make, and shaH not be deemed by virtue of any action of
approval or disapproval taken by it to have made, any representation nor warranty as to the
suitability or advisability of the design, the engineering, the method of construction involved, or the
materials to be used.
D. Inspection. The Committee and the Declarant may inspect work being perfonned to
assure compliance with these Restrictions, the restrictions contained in any plat of the Real Estate
and applicable regulations. However, neither the Committee, nor any member thereof, nor the
Declarant, nor any agent or contractor employed or engaged by the Committee or the Declarant,
shall be liable or responsible for defects or deficiencies in any work inspected or approved by it or
them, or on its or their behalf Further, no such inspection or approval given by or on behalf of the
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Committee or the Declarant shall be taken or deemed to be or constitute a warranty or guaranty of
the work so inspected or approved.
Section 8.7. Rules Governing Building on Several Contiguous Lots Having One Owner.
Whenever two or more contiguous Lots shall be owned by the same Person, and such Owner shall
desire to use two or more of said Lots as a site for a single Dwelling Unit, he shall apply in writing
to the Committee for pem1ission to so use said Lots. If permission for such a use shall be granted,
the Lots constituting the site for such single Dwelling Unit shall be treated as a single Lot for the
purpose of applying these Restrictions to said Lots, so long as, and only so long as, the Lots remain
improved with one single Dwelling Unit.
ARTICLE IX
Assessments
Section 9.1. Arumal Accounting. Aru1Ually, after the close of each fiscal year of the
Corporation and prior to the date of the annual meeting of the Corporation following the end of
such fiscal year, the Board shall cause to be furnished to each Owner a financial statement prepared
by the Board, the management company if one is employed, or a certified public accountant or firm
ofcertitied public accountants then serving the Corporation, which statement shall show all receipts
and expenses received, incurred and paid during the preceding fiscal year.
Section 9.2. Proposed Annual Budget. Annually, on or before the date of the annual or
special meeting of the Corporation at which the budget is to be acted upon, the Board of Directors
shall cause to be prepared a proposed annual budget for the next ensuing fiscal year estimating the
total amount of the Common Expenses for such next ensuing fiscal year and shall furnish a copy of
such proposed budget to each Owner at or prior to the time the notice of such meeting is mailed or
delivered to such OWners. The arumal budget shall be submitted to the Owners at the designated
meeting of the Corporation for adoption and, if so adopted, shall be the basis tor the Regular
Assessments (hereinafter defined) for the next ensuing fiscal year. At such annual or special
meeting of the Owners, the budget may be approved in whole or in part or may be amended in
whole or in part by a majority vote of the Owners; provided, however, that in no event shall such
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meeting of the Owners be adjourned until an amlUal budget is approved and adopted at such
meeting, either the proposed alIDual budget or the proposed annual budget as amended. The annual
budget, the Regular Assessments and all sums assessed by the Corporation shall be established by
using generally accepted accounting principles applied on a consistent basis. The arumal budget
and the Regular Assessments shall, in addition, be established to include the establishment and
maintenance of a replacement reserve fund for capital expenditures and replacement and repair of
the Common Areas, which replacement reserve fund shall be used for those purposes and not for
usual and ordinary repair expenses of the Common Areas. Such replacement reserve fund for
capital expenditures and replacement and repair of the Common Areas shall be maintained by the
Corporation in a separate interest bearing account or accounts with one or more banks or savings
and loan associations authorized to conduct business in Hamilton County or Marion County,
Indiana selected from time to time by the Board. The failure or delay of the Board of Directors to
prepare a proposed annual budget and to furnish a copy thereof to the Owners shall not constitute a
waiver or release in any mam1Cr of the obligatIOns of the Owners to pay the Common Expenses as
herein provided, whenever detennined. Whenever, whether before or after the meeting of the
Corporation at which the budget is to he acted upon, there is no annual budget approved by the
Owners as herein provided for the cunent fiscal year, the Owners shall continue to pay Regular
Assessments based upon the last approved budget or, at the option of the Board, based upon one
hundred and twenty percent (120%) of such last approved budget, as a temporary budget. Any vote
on an increase of the prior year budget in excess of one hundred twenty percent (120%) of the total
costs shall require approval of the Owners of fi fty-one percent (51 %) of the Lots.
Section 9.3. Regular Assessments. The annual budget as adopted by the Owners shall,
based on the estimated cash requirement for the Common Expenses in the fiscal year covered
thereby as set forth in said budget, contain a proposed assessment against each Lot, which shalJ be
the same amount for each Lot. Immediately following the adoption of the annual budget, each
Owner shall be given written notice of the assessment against this respective Lot (herein called the
"Regular Assessment"). In the event the Regular Assessment for a particular fiscal year is initially
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based upon a temporal)' budget, such Regular Assessment shall be revised, within fifteen (15) days
following the adoption of the final alUmal budget by the Owners, to ref1ect the assessment against
each Lot based upon such annual budget as finally adopted by the Owners. The aggregate amount
of the Regular Assessments shall be equal to the total amount of expenses provided and included in
the final alillual budget, including the reserve funds as hereinabove provided. The Regular
Assessment against each Lot shall be paid in full in advance by a date specified by the Board which
date shall not be earlier than fifteen (15) days after the written notice of such Regular Assessment is
gi ven to the Owners. However, at the option of the Board, the Regular Assessment against each
Lot may be paid in advance in equal quarter1 y installments commencing on the first day of the first
month of each fiscal year and quarterly thereafter through and including the first day of the last
quarter of such fiscal year. Payment of the Regular Assessment, whether in one payment or 111
quarterly installments, shall be made to the Board of Directors or the Managing Agent, as directed
by the Board of Directors. In the event the Regular Assessment for a particular fiscal year of the
Corporation was initially based upon a temporal)' budget,
(a) if the Regular Assessment bascd upon the final alIDual budget adopted by the
Owners exceeds the amount of the Rcgular Assessment based upon the temporary
budget, that portion of such excess applicable to the period from the first day of the
CUITent fiscal year to the date of the ncxt payment of the Regular Assessment which
is due shall be paid with such next payment illld such next payment, and all
payments thereafter during such fiscal year, whethEr annual or qU31ierly, shall bc
increased so that the Regular Assessment as finaIly determined shall be paid in full
by the remaining payments due in such fiscal year, or
(b) if the Rcgular Assessment based upon the temporary budget exceeds the Regular
Assessment based upon the final alU1Ual budget adopted by the Owners, such excess
shall be credited against the next payment or payments of the Re6'Ular Assessment
coming due, whether annual or quarterly, until the entire amount of such excess has
been so credited;
provided, however, that if an Owner had paid his Regular Assessment in full in advance, then the
adjustments set forth under (a) or (b) above shall be made by a payment by, or refund to, the Owner
on the first day of the second month following the detennination of the Rcgular Assessment based
upon the annual budget finally adopted by the Owners. The Regular Assessment for each fiscal
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year of the Corporation shall become a lien on each separate Lot as of the first day of each fiscal
year of the Corporation, even though the final detennination of the amount of such Regular
Assessment may not have been made by that date. The fact that an Owner has paid his Regular
Assessment for the current fiscal year in whole or in part based upon a temporary budget and
thereafter, before the annual budget and Regular Assessment are finally determined, approved and
adjusted as herein provided, sells, conveys or transfers his Lot or any interest therein, shall not
relieve or release such Owner or his successor as owner of such Lot from payment of the Regular
Assessment tor such Lot as finally detennined, and such Owner and his successor as owner of such
Lot shall be jointly and severally liable for the Regular Assessment as finally detcmlined. Any
statement of unpaid assessments furnished by the Corporation pursuant to Section 10.2 prior to the
final detemlination and adoption of the annual budget and Regular Assessment for the year with
respect to which such statement is made shall state that the matters set forth therein are subject to
adjustment upon determination and adoption of the final budget and Regular Assessment for such
year, and all patiies to whom any such statement may be delivered or who may rely thereon shall be
bound by such final determinations. Annual or quarterly (if so determined by the Board)
installments of Regular Assessments shall be due and payable automatically on their respective due
dates without any notice from the Board of the Corporation, and neither the Board nor the
Corporation shall be responsible for providing any notice or statements to Owners for the same.
Section 9.4. Special Assessments. From time to time Common Expenses of an unusual or
extraordinary nature or not otherwise anticipated may arise. At such time and without the approval
of the Owners, unless otherwise provided in this Declaration, the Articles, the By-Laws or the Act,
the Board of Directors shall have the full right, power and authority to make special assessments
which, upon resolution of the Board, shall become a lien on each Lot, prorated in equal shares
(herein called "Special Assessment"). Any Special Assessment in excess of Ten Thousand Dollars
($10,000.00) per Lot shall require the approval of the Owners of fifty-one percent (51 %) of the
Lots. Without limiting the generality of the foregoing provisions, Special Assessments may be
made by the Board of Directors from time to time to pay for capital expenditures and to pay for the
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cost of any repair or reconstruction of damage caused by fire or other casualty or disaster to the
extent insurance proceeds are insufficient therefor under the circumstances described in this
Declaration, but Special Assessments may not be made prior to the Applicable Date to pay tor
Common Expenses or other items to be paid by Regular Assessments.
Section 9.5. Failure of Owner to Pay Assessments; Lien.
(a) No Owner may exempt himself from paying Regular Assessments ancl Special
Assessments, or from contributing toward the expenses of administration and of maintenance and
repair of the Common Areas and items deemed Common Areas for purposes of maintenance, and
toward any other expense lawfully agreed upon, by waiver of the use or enjoyment ofthe Common
Areas or by abandomnent of the Lot belonging to him. Each Owner shall be personally liable for
the payment of all Regular and Special Assessments against his or her Lot. Where the Owner
constitutes or consists of more than one Person, the liability of such Persons shall be joint and
several. If any Owner shall fail, refuse or neglect to make any payment of any Regular Assessments
or Special Assessments against his Lot when due, the lien for such Assessment on the Owner's Lot
and Dwelling Unit may be filed by the Board for and on behalf of the Corporation in the maimer
provided by law for a eonunon law lien and foreclosed by the Board for and on behalf of the
Corporation in the same manner as a mortgage on real property or as otherwise provided or
permitted by law. Upon the failure of an Owner to make timely payments of any such Regular
Assessments or Special Assessments, when due, the Board may, in its discretion, accelerate the
entire balance of the unpaid Assessments and declare the same immediately due and payable,
notvvithstanding any other provisions hereof to the contrary. ill any action to foreclose the hen tor
any Assessments, the Owner and any occupant of the Lot and Dwelling Unit which are the subj eet
of such action shall be jointly and severally liable for the payment to the Corporation of reasonable
rental for such Lot and Dwelling Unit, and the Board shall be entitled to the appointment of a
receiver for the purpose of preserving the Lot and Dwelling Unit and to collect the rentals and other
profits therefrom for the benefit of the Corporation to be applied to the unpaid Regular Assessments
or Special Assessments. The Board may, at its option, bring a suit to recover a money judgment for
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any unpaid Regular Assessment or Special Assessment without foreclosmg (and without thereby
being deemed to have waived) the lien secming the same. In any action to recover a Regular
Assessment or Special Assessment, or any other debts, dues or charges owed the Corporation,
whether by foreclosure or otherwise, the Board, for and on behalf of the Corporation, shall be
entitled to recover from the Owner of the respective Lot and dwelling Unit all of the costs and
expenses of such action incurred (including but not limited to reasonable attorneys' fees) and
interest from the date such Assessments or charges were due, until paid, at a rate equal to the
"prime interest rate" then in effect as publicly quoted or published by a national bank or other
source selected by the Board of Directors.
(b) Notwithstanding anything contained in this Section or elsewhere in this Declaration,
the Articles or the By-Laws, any sale or transfer of a Lot and Dwelling Unit to a Mortgagee
pursuant to a foreclosure on its mortgage or conveyance in lieu thereof: or a conveyance to any
Person at a public sale in the manner provided by law with respect to mortgage foreclosures, shall
extinguish the lien of any unpaid installment of any Regular Assessment or Special Assessment or
other charges as to such installments which became due prior to such sale, transfer or conveyance;
provided, however, that the extinguishment of such lien shall not relieve the prior owner from
personal liability therefor. No such sale, transfer or conveyance shall reliever the Lot and Dwelling
Unit or the purchaser at such foreclosure sale, or grantee in the event of conveyance 111 lieu thereat:
fTOm liability for any installments of Regular Assessments or Special Assessments or other charges
thereafter becoming due or from the lien therefor. Such unpaid share of any Regular Assessments
or Special Assessments or other charges, the lien for which has been divested as aforesaid, shall, if
not collected from the party personally liable therefor, be deemed to be a Common Expense,
collectible from all Owners (including the pal1y acquiring the subject Lot and Dwelling Unit from
which it arose).
Section 9.6. Initial Budgets and Assessments. Notwithstanding anything to the contrary
contained herein, in the Articles, in the By-Laws, in the Act or othenvise, until the Applicable Date
the mmual budget and all Regular Assessments and Special Assessments (except as limited under
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the last sentence in Section 9.1) shall be established by the Initial Board without meeting of or
concurrence of the Owners. The agency, power of attorney and proxy granted to the Declarant by
each Ow'ner pursuant to Section 5.2 shall be deemed to cover and include each Owner's right to
vote on and approve the annual budget and any Regular Assessments and Special Assessments until
the Applicable Date.
Further, until the Applicable Date and notwithstanding the foregoing or anything else
contained herein, no Regular Assessments, Special Assessments or other charges shall be owed or
payable by Declarant with respect to any Lot or other portion of the Real Estate owned by Declarant
while the same is owned by Declarant, nor shall any such Assessments or charges become a lien on
any such Lot or other portion of the Real Estate owned by Declarant, unless the Common Expenses
exceed the Regular Assessments of Lot Owners prior to the AppLicable Date, whereby Declarant
shall pay any deficiency. Assessments against a Lot shall commence to acclUe from the date each
Lot is conveyed by Declarant to an Owner other than Declarant, and a prorated pOliion of the
Regular Assessment for the balance of the fiscal year of the Corporation against each Lot so
conveyed by Declarant shall be paid by each purchaser upon such conveyance.
Section 9.7. Initial Working Capital and Start-Up Fund. Upon the closing of the initial
conveyance of each Lot by Declarant to another Person, the purchaser of such Lot shall pay to the
Corporation, in addition to any other amounts then owed or due to the Corporation, as a
contribution to its working capital and start-up fund, an amount equal to one-sixth (1I6th) of the
then current annual Regular Assessment against such Lot, which payment shall be non-refundable
and shall not be considered as an advance payment of any Assessment or other charge owed the
Corporation with respect to such Lot. Such working capital and start-up fund shall be held and
used by the Corporation for payment of, or reimbursement to Declarant for advances made to pay,
expenses of the Corporation for its early period of operation of the Real Estate, to enable the
Corporation to have cash available to meet unforeseen expenditures, or to acquire additional
equipment or services deemed necessary by the Board. Any such funds not utilized by the
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Corporation shall become pali of the reserves for capital improvements and not used for operating
expenses unless approved by the Owners of fifty-one percent (51 %) of the Lots.
ARTiCLE X
Mortgages
Section 10.1. Notice to Corporation. Any Owner who places a first mortgage lien upon his
Lot, or the Mortgagee, shall notify the Secretary of the Corporation thereof and provide the name
and address of the M011gagee. A record of each such tlrst mortgage, and name and address of the
Mortgagee, shall be maintained by the Secretary and any notice required to be given to the
M0l1gagee pursuant to the terms of this Declaration, the By-Laws or otherwise shall be deemed
eflectivcly given if mailed to such Mortgagee at the address shown in such record in the time
provided. Unless notification of any such mortgage and the name and address of Mortgagee are
furnished to the Secretary, either by the Owner or the Mortgagee, no notice to any Mortgagee as
may be otherwise required by this Declaration, the By-Laws or otherwise shall be required and no
Mortgagee shall be entitled to vote on any matter to which he otherwise may be entitled by virtue of
this Declaration, the By-Laws, a proxy granted to such Mortgagee in connection with the Mortgage,
or othenvise.
The Corporation shall, upon request of a Mortgagee who has furnished the Corporation with
its name and address as hereinabove provided, furnish such Mortgagee with written notice of any
default in the performance by its borrower of any obligations of such bOiTower under this
Declaration or the By-Laws which is not cured within sixty (60) days.
Section 10.2. 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 Lot, furnish to such Mortgagee or purchaser a statement setting forth the amount of the unpaid
Regular Assessment or Special Assessments or other charges against the Lot, which statement shall
be binding upon the Corporation and the Owners, and any Mortgagee or grantee of the Lot shall not
be hable for nor shall the Lot conveyed be subject to a lien for any unpaid assessments or charges in
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excess of the amounts set forth in such statement or as such assessments may be adjusted upon
adoption ofthe final aIlnual budget, as refened to in Section 9.3 .
ARTICLE XI
Insurance
Section 11.1. Casualty IIlsurance. The Corporation shall purchase a master casualty
insurance policy affording fire and extended coverage insurance insuring the Common Areas in an
amount consistent with the full replacement value of the improvements, if any, which, in whole or
in part, comprise the Common Areas. If the Board of Directors can obtain such coverage for
reasonable amounts they shall also obtain "all risk" coverage. The Board of Directors shall be
responsible for reviewing at least alUmally the amount and type of such insurance and shall
purchase such additional insurance as is necessary to provide the insurance required above. If
deemed advisable by the Board, the Board may cause such full replacement value to be determined
by a qualified appraiser. The cost of any such appraisal shall be a Common Expense. Such
insurance coverage shall name the Corporation as the insured, for the benefit of each Owner (to the
extent, if any, that individual Owners have an independent interest in the propeliy covered thereby).
All proceeds payable as a result of casualty losses sustained which are covered by insurance
purchased by the Corporation as hereinabove set forth shall be paid to it or to the Board of
Directors. In the event that the Board of Directors has not posted surety bonds for the faithful
perfonnance of their duties as such Directors or if such bonds do not exceed the funds which will
come into its hands, and there is damage to a part or all of the Common Areas resulting in a loss,
the Board of Directors shall obtain and post a bond for the faithful perfonnance of its duties in an
amount to be determined by the Board, but not less than 150% ofthe loss, before the Board shall be
entitled to receive the proceeds of the insurance payable as a result of such loss. The sole duty of
the Board in connection with any such insurance proceeds shall be to receive such proceeds as are
paid and to hold the same for the purposes elsewhere stated herein, and for the benefit of the
Owners. The proceeds shall be used or disbursed by the Corporation or the Board, as appropriate,
only in accordance with the provisions of this Declaration.
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Such master casualty insurance policy, and "all risk" coverage if obtained, shall (to the
extent the same are obtainable) contain provisions that the insurer (a) waives its right to subrogation
as to any claim against the Corporation, the Board of Directors, its agents and employees, Owners,
their respective agents and guests, and (b) waives any defense based on the invalidity arising from
the acts of the insured, and providing further, if the Board of Directors is able to obtain such
insurance upon reasonable terms (i) that the msurer shall not be entitled to contribution against
casualty insurance which may be purchased by individual Owners, and (ii) that notwithstanding any
provision thereof giving the insurer an election to restore damage in lieu of a cash settlement, such
option shall not be exercisable in the event the Corporation does not elect to restore,
Section 11.2, Public Liability Insurance. The Corporation shal1 also purchase a master
commercial public liability insurance policy in such amount or amounts as the Board of Directors
shall deem appropriate from time to time, but in any event with a minimum combined limit of
$1,000,000.00 per OCCutTence. Such commercial public liability insurance policy shall cover all of
the Common Areas and shall insure the Corporation, the Board of Directors, any committee or
organ of the corporation or Board, any Managing Agent appointed or employed by the Corporation,
all persons acting or who may come to act as agents or employees of any of the foregoing with
respect to the Real Estate, all Owners of Lots and all other persons entitled to occupy any Lot or
Dwelling Unit. Such public liability insurance policy shall contain a "severabihty of interest"
clause or endorsement which shall preclude the insurer from denying the claim of an Owner
because of negligent acts of the Corporation or other Owners,
Section 11.3. Other Insurance. The Corporation shall also obtain any other insurance
required by law to be maintained, including but not limited to worker's compensation , and such
other insurance as the Board of Directors may from time to time deem necessary, advisable or
appropriate, including but not 11mited to, liability insurance on vehicles owned or leased by the
Corporation and officers' and directors' liability policies. Such insurance coverage shall also
provide for and cover cross liability claims of one insured party against another insured party. Such
insurance shall inure to the benefit of each Owner, the Corporation, the Board of Directors and any
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Managing Agent acting on behalf of the Corporation. Each Owner shall be deemed to have
delegated to the Board of Directors his or her right to adjust with the insurance companies all losses
under the policies purchased by the Board of Directors the proceeds of which are payable to the
Board or the Corporation.
Section 11.4. General Provisions. The premiums for all insurance hereinabove described
shall be paid by the Corporation as part of the Common Expenses. When any such policy of
insurance hereinabove described has been obtained by or on behalf of the Corporation, written
notice of the obtainment thereof and of any subsequent changes therein or tennination thereof shall
be promptly furnished to each Owner or Mortgagee whose interest may be affected thereby, which
notice (accompanied by copies of such policies of any changes thereto, or certificates indicating the
coverages included therein) shall be furnished by the officer of the Corporation who is required to
send notices of meetings of the Corporation.
In no event shaH any distribution of insurance proceeds be made by the Board of Directors
directly to an Owner where there is a mortgagee endorsement on the certificate of insurance or
insurance policy as it applies to such Ownerts share of such proceeds. In such event any remittances
shall be to the Owner and his Mortgagee jointly. The same method of distribution shall also apply
to the distribution of any condemnation awards in connection with any taking of any of the
Common Areas. Not\vithstanding the foregoing, under no circumstances shall any distribution of
insurance proceeds or condemnation awards be made by the Corporation to any Owners or
Mortgagees if to do so would be in violation of the Act or if tne same would constitute a
distrihution of earnings, profits or pecuniary gain to the members of the Corporation; in any such
event, any such insurance proceeds of condemnation awards shall be retained by the Corporation
for use in the payment of its expenses of operation.
Section 1 1.5. Insurance by Owners. Each Owner shall be solely responsible for and may
obtain such additional insurance as he deems necessmy or desirable, at his own expense, affording
coverage upon his or her personal property, his or her Lot, his or her Dwelling Unit, the contents of
his or her Dwelling Unit, his or her personal property stored anywhere on the Real Estate, and for
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his or her personal liability, but all such insurance shall contain the same provisions for waiver of
subrogation as referred to in the foregoing provisions for the master casualty insurance policy to be
obtained by the Corporation.
ARTICLE XU
Casualty and Restoration
In the event of damage to or destruction of any of the Common Areas due to fire or any
other casualty or disaster, the Corporation shall promptly cause the same to be repaired and
reconstructed. The proceeds of insurance carried by the Corporation, if any, shall be applied to the
cost of such repair and reconstruction.
If the insurance proceeds, if any, received by the Corporation as a result of any such tire or
any other casualty or disaster are not adequate to cover the cost of repair and reconstruction of the
Common Areas, or in the event there are no insurance proceeds, the cost for restoring the damage
and repairing and reconstructing the Common Areas so damaged or destroyed (or the costs thereof
in excess of insurance proceeds received, if any) shall be assessed by the Corporation against all of
the Owners in equal shares. Any such amounts assessed against the Owners shall be assessed as
pati of the Common Expenses and shall constitute a lien from the time of assessment as provided
herein.
For purposes of this Article, repair, reconstruction and restoration shall mean construction
or rebuilding the Common Areas to as near as possible the same condition as they existed
immediately prior to the damage or destruction.
Immediately after a tire or other casualty or disaster causing damage to any propeliy for
which the Board of Directors or Corporation has the responsibility of maintenance and repair
hereunder, the Board shall obtain reliable and detailed estimates of the cost to place the damaged
property in a condition as good as that before the casualty. Such costs may include professional
fees and premiums for such bonds as the Board of Directors desires or deems necessary.
Encroachments upon any Lot which may be created as a result of such reconstruction or
repair of any of the Cornman Areas shall not constitute a claim or basis of a proceeding or action by
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the Owner upon whose Lot such encroachment exists, provided that such reconstruction was either
substantially in accordance with the plans and specifications or as the Common Areas were
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originally constructed.
AR TICLE XIII
Restrictions, Covenants and Regulations
Section 13. l. Restrictions on Use. The following covenants and restrictions on the use and
enjoyment of the Lots, Dwelling Units <md Common Areas shall be in addition to any other
covenants or restrictions contained herein and in any subdivision plat of any part of the Real Estate
heretofore or hereafter recorded, and all such covenants and restrictions are tor the mutual benefit
and protection of the present and future Owners and shall run with the land <md inure to the benefit
of and he enforceable by any Owner, or by the Corporation. Present or future Owners or the
Corporation shall he entitled to injunctive relief against any violation or attempted violation of any
such covenants and restrictions, and shall, in addition, be entitled to damages for any injuries or
losses resulting from any violations thereof, but there shall be no right of reversion or forfeiture
resulting from such violation. These covenants and restrictions are as follows:
(a) All Lots and Dwelling Units shall be used exclusively for residential purposes and
for occupancy by a single tamily.
(b) Nothing shall be done or kept by an Owner in any Dwelling Unit, or on any Lot, or
on any of the Common Areas, which will cause an increase in the rate of insurance
on any Common Areas. No Owner shall permit anything to be done or kept in his
Dwelling Unit or on his Lot which will result in a cancellation of insurance on any
part of the Common Areas, or which would be in violation of any law or ordinance
or the requirements of any insurance underwriting or rating bureau.
(c) No nuisance shall be permitted and no waste shall be committed in any Dwelling
Unit or on any Lot.
(d) No Owner shall cause or permit anything to be hung or displayed on the outside of
the \vindows of his Dwelling Unit or placed on the outside walls of any building,
and no sign, awning, canopy, shutter or radio or television antelma or other
attachment or thing shall be affixed to or placed upon the exterior walls or roofs of
any other parts of any building without the prior consent of the Committee unless
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othetwise expressly authorized herein, or in any recorded subdivision plat, or by the
rules, regulations and guidelines of the Committee.
(e) No Dwelling Unit or Lot shall be used in any unlawful manner or in any manner
which might cause injury to tbe reputation of the subdivision developed or to be
developed on the Real Estate, or which might be a nuisance, annoyance,
inconvenience or damage to other Owners and occupants of Dwelling Units or
neighboring property, including witbout limiting the generality of the foregoing,
noise by the use of any musical instmments, radio, television, loud speakers,
electrical equipment, amplifiers or other equipment or machines or loud speakers.
(f) No clothes, sheets, blankets, rugs, lmmdry or other things shall be hung out or
exposed on, or so as to be visible tram, any part of the Common Areas. The
Common Areas shall be kept free and clear of mbbish, debris and other unsightly
materials.
(g) No industry, trade, or other commercial or religious achvlty, educational or
otherwise, designed for profit, altruism or otherwise, shall be conducted, practiced
or permitted on the Real Estate.
(h) All Owners and members of their families, their guests, or invitees, and all
occupants of any Dwelling Unit or other persons entitled to use the same and to use
and enjoy the Common Areas or any part thereof, shall observe and be governed by
such rules and regulations as may from time to time be promulgated and issued by
the Board governing the operation, use and enjoyment of the Common Areas.
(i) No Owner shall be allowed to plant trees, landscape or do any gardening in any of
the Common Areas, except with express permission from the Board.
U) Common Areas shall be used and enjoyed only for the purposes for which they arc
designed and intended, and shall be used subject to the rules and regulations from
time to time adopted by the Board. Without limiting the generality of the foregoing,
the lakes or ponds to be installed on the Real Estate, as shown on the Site plan, are
and wi11 be an integral part of the storm water drainage system serving the Real
Estate and are intended to be used for such purpose and primarily as visual and
aesthetic amenities and not as recreational amenities. Accordingly, no use shall be
made of such lakes or ponds which in any way interferes with their proper
TI.lllctioning as part of such storm water drainage system. No boating, swimming,
diving, skiing or ice skating shall be permitted in or on said lakes or ponds. No
sewage, garbage, refuse, or other solid, liquid, gaseous or other materials or items
(other than storm and surface water drainage) shall be put into said lakes or ponds
except the Corporation may take steps to clear and purity the waters thereof by the
addition of chemicals or other substances commonly used for such purposes or by
providing therein stmctures and equipment to aerate the same. Fishing from the
shores of such lake or ponds adjacent to an Owner's Lot by the Owner thereof and
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his invited guests and family shall be permitted subject to obeyance and compliance
wjth all applicable fishing and game laws, ordinances, rules and regulations.
Notwithstanding anything to the contrary contained herein or in the A11icles or By-Laws,
including but not limited to any covenants and restric60ns set forth herein or otherwise, Declarant
shall have, until the Applicable Date, the right to use and maintain any Lots and Dwelling Units
owned by Declarant and other portions ofthe Real Estate (other than jndividual Dwel1ing Units and
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Lots owned by Persons other than Declarant), all of such number and size and at such locations as
Declarant in its sole discretion may determine, as Declarant may deem advisable or necessary in its
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sole discretion to aid in the sale of Lots and the construction of Dwelling Units, or for the
conducting of any business or acti vity attendant thereto, or for the constructjon and maintenance of
Common Areas, including, but not limited to, model Dwelling Units, storage areas, construction
yards, signs, construction offices, sales offices, management offices and business offices. Declarant
shall have the right to relocate any or all of the same fi"om time to time as it desires. At no time
shall any of such facilities so used or maintained by Declarant be or become part of the Common
Areas, unless so designated by Declarant, and Declarant shall have the right to remove the same
from the Real Estate at any time.
Section 13.2. Non-applicability to Corporation. Notwithstanding anything to the contrary
contai ned herein, the covenants and restrictions set forth in Section 13.1 shall not apply to or be
binding upon the Corporation in its ownership, management, administration, operation,
maintenance, repair, replacement and upkeep of the Common Areas to the extent the application
thereof could or might hinder, delay or otherwise adversely affect the Corporation in the
performance of its duties, obligations and responsibilities as to the Common Areas.
ARTICLE XIV
Amendment of Declaration
Section 14.1. Generally. Except as otherwise provided in this Declaration, amendments to
this Declaration shall be proposed and adopted in the following manner:
(a) Notice. Notice of the subject matter of any proposed amendment shall be included
in the notice of the meeting at which the proposed amendment is to be considered.
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(b) Resolution. A resolution to adopt a proposed amendment may be proposed by the
Board of Directors or Owners having in the aggregate at least a majority of the votes
of all Owners.
(c) Meeting. The resolution conceming a proposed amendment must be adopted by the
designated vote at a meeting duly called and held in accordance with the provisions
ofthe By-Laws.
(d) Adoption. Any proposed amendment to this Declaration must be approved by a
vote of not less than seventy-five percent (75%) in the aggregate of the votes of all
Owners. In the event any Lot or Dwelling Unit is subject to a first mortgage, the
Mortgagee shall be notified of the meeting and the proposed amendment in the same
manner as an Owner if the Mortgagee has given prior notice of its mortgage interest
to the Board of Directors in accordance with the provisions hereof
(c) Special Amendments. No amendment to this Declaration shall be adopted which
changes (I) the applicable share of an Owner's liability for the Common Expenses,
or the method of determining the same, or (2) the provisions of Article XI of this
Declaration with respect to casualty insurance to be maintained by the Corporation,
or (3) the provisions of Article Xll of this Declaration with respect to reconstruction
or repair of the Common Areas in the event of fire or any other casualty or disaster,
or (4) the provisions of this Declaration establishing the Committee and providing
tor its functions, without, in each and any of such circumstances, the unanimous
approval of all Owners and of all Mortgagees whose mortgage interests have been
made known to the Board of Directors in accordance with the provisions of this
Declaration.
(f) Recording. Each amendment to the Declaration shall be executed by the President
and Secretary of the Corporation and shall be recorded in the oUice of the Recorder
of Hamilton County, Indiana, and such amendment shall not become effective until
so recorded.
Section 14.2. Amendments by Declarant Only. Notwithstanding the foregoing or anything
elsewhere contained herein, the Declarant shall have and hereby reserves the right and power of
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acting alone and without the consent or approval of the Owners, the Corporation, the Board of
Directors, any Mortgagees or any other Person to amend or supplement this Declaration at any time
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and tram time to time if such amendment or supplement is made (a) to comply with requirements
of any goveml11ental agency or any other public, quasi-public or private entity which pertonns (or
may in the future perform) functions similar to those currently performed by such entities, (b) to
induce any of such agencies or entities to make, purchase, sell, insure or guarantee first mortgages
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covering Lots and Dwelling Units, (c) to bring this Declaration into compliance with any statutory
requirements, (d) to comply with or satisfy the requirements of any insurance, underwriters,
insurance rating bureaus or organizations which perform (or may in the future perform) functions
similar to those performed by such agencies or entities, or (e) to correct clerical or typographical
errors in this Declaration or any Exhibit hereto or any supplement or amendment thereto. In
furtherance of the foregoing, a power coupled with an interest is hereby reserved by (and granted by
each Owner to) the Declarant to vote in favor oC make, or consent to any amendments described in
this Section 14.2 on behalf of each Owner as proxy or attorney-in-fact, as the case may be. Each
deed, mortgage, trust deed, other evidence of obligation, or other instrument aflecting a Lot or
Dwelling Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment at:
and a consent to the reservation of, the power to the Declarant to vote in favor of, make, execute
and record any such amendments. The right of the Declarant to act pursuant to rights reserved or
granted under this Section 14.2 shall tem1inate at such time as the Declarant no longer holds or
controls title to any part or portion ofthe Real Estate.
ARTICLE XV
Acceptance and Ratification
All present and future Owners, Mortgagees, tenants and occupants of the Lots and Dwelling
Units, and other Persons claiming by, through or under them, shall be subject to and shall comply
with the provisions of this Declaration, the Articles, the By-Laws and the JUles, regulations and
guidelines as adopted by the Board of Directors and (to the extent of its jurisdiction) the
Committee, as each may be amended or supplemented from time to time. The acceptance of a deed
of conveyance or the act of occupancy of any Lot or Dwelling Unit shall constitute an agreement
that the provisions of this Declaration, the Articles, the By-Laws and rules, regulations and
guidelines, as each may be amended or supplemented from time to time, are accepted and ratified
by such Owner, tenant or occupant, and all such provisions shall be covenants JUIming with the land
and shall bind any Person having at any time any interest or estate in a Lot or Dwelling Unit or the
Real Estate, all as though such provisions were recited and stipulated at length in each and every
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deed, conveyance, mortgage or lease thereof. All Persons who may own, occupy, use, enjoy or
control a Lot or Dwelling Unit or any part of the Real Estate in any manner shall be subject to this
Declaration, the Articles, the By-Laws, and the rules, regulations and guidelines applicable thereto
as each may be amended or supplemented from time to time.
ARTICLE XVI
Negligence
Each Owner shall be liable for the expense of any maintenance, repair or replacement
rendered necessary by his negligence or by that of any member of his family or his or their guests,
employees, agents, invitees or lessees, to the extent that such expense is not covered by the
proceeds of insurance carried by the Corporation. An Owner shall pay the amount of any increase
in insurance premiums occasioned by his violation of any of the Restrictions or any violation
thereofby any member of his family or his or their guests, employees, agents, invitees or tenants.
ARTICLE xvn
Benefit and Enforcement
This Declaration and the Restrictions shall run with and bind the Real Estate for a tenn
commencing on the date this Declaration is recorded in the office of the Recorder of Hamilton
County, Indiana and expiring December 31, 2035, after which time they shall be automatically
extended for successive periods of ten (l0) years each, unless by vote of a majority of the then
Owners of the Lots it is agreed to change this Declaration or the Restrictions in whole or in part, or
to terminate the same. The failure or delay at any time of Declarant, the Corporation, the Owners,
the Committee, or any other Person entitled to enforce this Declaration and the Restrictions, to
enforce any of the same shall in no event be deemed a waiver of the same, or of the right to enforce
the same at any time or from time to time thereafter, or an estoppel against the enforcement thereof
It is anticipated that monetary damages may be difficult to determine and may not
adequately compensate for a violation of the Restrictions contained in this Declaration. Therefore,
any Person who is aggrieved by a violation or threatened violation of any of the Restrictions or who
is othe1Wise entitled to enforce them also shall be entitled to injunctive relief to enforce the
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Woodhall Declaration. DOC
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Restrictions against any Person whose acts or omissions, or threatened acts or omissions, are or
would be a violation of the Restrictions. Any such aggrieved Person also shall be entitled to
recover his costs and reasonable attorneys' fees incurred in the enforcement of the Restrictions
against any Person who violates or threatens to violate them.
ARTICLE XVIII
Miscellaneous
Section 18.1. Costs and Attorneys' Fees. In any proceeding arising because of failure of an
Owner to make any payments required by this Declaration, the Alticles or the By-Laws, or to
comply with any provision of this Declaration, the Articles, the By-Laws, or the rules, regulations
and guidelines adopted pursuant thereto, as each may be amended from time to time, the
Corporation shall be entitled to recover its costs and reasonable attorneys' fees incurred in
connection with such default or failure.
Section 18.2. Waiver. No Owner may exempt himself from liability for his or her
contribution toward the Common Expenses by waiver of the use or enjoyment of any of the
Common Areas or by abandollinent of his Lot or Dwelling Unit.
Section 18.3. Severability Clause. The invalidity of any covenant, restriction, condition,
limitation or other provision of this Declaration, the Artlcles or the By-Laws shall not impair or
atIect in any manner the vaLidity, enforceability or effeel ufthe rest of this Declaration, the Articles
or the By-Laws and each shall be enforceable to the greatest extent pennitted by law.
Section 18.4. Pronouns. Any reference to the masculine, feminine or neuter gender herein
shall, unless the context clearly requires the contrary, be deemed to refer to and include all genders.
Words in the singular shall include and refer to the plural, and vice versa, as appropriate.
Section 18.5. Interpretation. The captions and titles of the various articles, sections, sub-
sections, paragraphs and subparagraphs of this Declaration are inserted herein for ease and
convenience of reference only and shall not be used as an aid in interpreting or construing this
Declaration or any provision hereof.
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IN WITNESS WHEREOF, WOODHALL, LLC, Declarant herein, has executed this
Declaration on the day and year first hereinabove set fOI1h.
WOODHALL, LLC,
an Indiana limited liability company
By:
Jeffrey B. Cohen, Member
ST ATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared Jeffrey B.
Cohen, a Member of WOODHALL, LLC, an Indiana limited liability company, who acknowledged
the execution of the above and foregoing instrument on behalf of said limited liability company.
IN WITNESS WHEREOF, I have hereunto affixed my hand and Notarial Seal this
day of , 2008.
My Commission Expires:
, Notary Public
My County of Residence:
This Instrument was prepared by Jeffrey A. Abrams, Esq., Dann Pecar Newman & Kleiman, One
American Square, Suite 2300, Indianapolis, Indiana 46282.
r affinn, under penalties of perjury, that I have taken reasonable care to redact each Social
Security Number in this document, unless required by law. Jeff-rey A. Abrams
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Wood 1m II Declaration.DOC.
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Exhibit "C"
WOODHALL
GUIDELINE FOR ARCHITECTURAL CONTROL
, 2008
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Welcome to Woodhall! For the benefit of all lot owners, the Woodhall Declaration of
Covenants, Conditions and Restrictions establishes a Woodhall Development Control Committee
("Committee") to review Lot development plans for improvements and landscaping constructed
and installed in Woodhall. To assist you in obtaining Committee approval for construction and
installation, this document summarizes and supplements important intonnation from the
Declaration.
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BUILDING PLAN APPROVAL. Before a building permit can be obtained, each Owner must
submit at least three (3) complete sets of the materials described on the attached Checklist of
Compliance. The site plan and building plans must be completed and signed or stamped by a
Registered Professional Engineer or Architect. FAXED COPIES OF SITE PLANS ARE NOT
ACCEPT ABLE. Building plans will be considered incomplete if not accompanied by a site plan,
and final approval will be withheld. Please see the attached Checklist of Compliance for a
complete list of items that your builder and engineer must include. Upon request, the Committee
will review preliminary house plans, and provide comments. The Committee will pay particular
attention to design balance, symmetry, and detailing.
EXTERiOR COLORS AND MATERIALS. Exterior colors and materials must be approved
before masonry work, painting and/or roofing begin. Chimneys must be finished with masonry
or synthetic stucco. Natural materials and recycled materials are encouraged; aluminum siding,
vinyl, rnasonite and T -11 are prohibited.
BUILDING STANDARDS:
Per zoning standards andlor the Declaration, minimum standards arc as follows:
Minimum front yard:
Minimum side yard:
Minimum Side yard aggregate:
Minimum rcar yard:
Minimum size of one story
residence in finisned
square feet:
Minimum size of a two story
residence in finished
square feet:
main floor minimum:
Dri veway width at property line:
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As per plat
1 0 feet
30 feet
20 feet
3,250
3,250
2,000
20' maximum
12'minimum
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SIDEW ALKS. Sidewalks must be installed by the builder in compliance with current City of
Carmel standards within thirty (30) days of substantial completion of the home, or within one (1)
year of lot purchase, whichever occurs first.
LANDSCAPING PLANS. The Committee may authorize an Owner to defer submission of a
landscaping plan to a date subsequent to the date the Committee acts on the site plan and
building plans. A LANDSCAPrNG PLAN PREPARED BY A QUALIFIED LANDSCAPE
ARCHITECT OR DESIGNER MUST BE SUBMITTED FOR APPRQY AL BY THE
COMMITTEE NOT LATER THAN 60 DAYS SUBSEQUENT TO COMMENCEMENT OF
CONSTRUCTION OF THE HOME. THE COMMITTEE HAS THE RIGHT TO SPECIFY A
MINIMUM EXPENDITURE BY THE OWNER FOR LANDSCAPING, TO REQUIRE
MINIMUM PLANTINGS ON THE LOT AND TO SPECIFY PARTICULAR TYPES OF
PLANTrNGS WHICH MUST BE INSTALLED AND THE LOCATION THEREOF. All
landscaping specifled on the landscaping plan approved by the Committee must be installed on
the lot strictly in accordance with such approved plan within thirty (30) days following
substantial completion of the home if such completion occurs between April I and October 15:
otherwise prior to May 1. Landscaping plans must include shade trees and flowering trees.
Trees must be at least a two (2) inch caliper. At least ten (10) days are required to review
landscaping plans. Sizes and names of all plant material must be specified.
DRIVEWAYS. All driveways must conform to City of Carmel permit regulations. Recreational
vehicles, boats, mobile homes and inoperable vehicles are not pennitted to be parked or stored on
any lot or driveway in open public view. Driveway requirements include the following:
1. Prior to development or improvement of the Lot, a builder or Owner shall be
required to excavate and install a temporary stone driveway on the Lot. Such driveway shall
consist of all #53 stone or a combination of fabric, #2 stone and #53 stone. The purpose of the
temporary entrance is to prevent the tracking of mud and debris onto the subdivision streets.
2. Upon completion of construction, the temporary stone driveway shall be surfaced
with a dust-free surface of concrete, brick or aggregate mix to a depth of at least four (4) inches.
At no time shall the driveway material be placed within the now line of the curb.
3. The width of the finished driveway shall be no less than twelve feet (12') at the
property line abutting the street.
4. Under no circumstances shall a driveway's entrance, including stone, concrete, or
other material, be constructed or placed behind or over a street inlet casting or manhole.
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5. Driveways should generally be located no closer than two feet (2') to the line of
any adjoining Lot. For turnaround areas, it is suggested that a curb or bumper be installed to
prevent tires from damaging the lawn of adjoining Lots, as well as to direct storm water drainage
from the adjoining Lot. Turnaround areas not built at grade must be located an additional one
foot (l ') away from the Lot line for each vertical foot (I') above or below grade; i.e., a one to one
slope. Driveways may not be located over installed sanitary or storm sewer lines.
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6. Driveway lights shall be located no closer than (l0) feet horn the back of the
street curb and five (5) feet from the edge of the driveway pavement.
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LOT MAINTENANCE DURING CONSTRUCTION. Lots in the subdivision may contain
compacted fill materials. This soil, although it has been assumed to be properly compacted, may
not contain similar engineering properties of undisturbed soils for the purpose of foundation
construction. It is suggested that an Owner consult the constmction plans or the development
plans on any Lot in Woodhall prior to commencement of construction.
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During any construction or installation:
1. The builder or Owner shall provide adequate physical barriers such as erosion silt
fencing, straw bales, etc. alone the entire street frontage of a Lot to prevent mud and debris from
washing from the Lot onto the subdivision streets and eventually into the storm sewer system.
Similar methods shall be used to prevent silt from entering and clogging drainage ways. The root
systems of existing trees shall be protected during constmction by the use of wood snow fence or
plastic construction fence. If these measures are not in place ten (l0) days after the start of
constmction on the Lot, Declarant or the HOA has the right to install required erosion measures
and place a lien on the Lot to recover the amount of funds expended to perform the work.
Temporary seeding of aU disturbed areas of a Lot must be clone to preserve topsoil plior to final
grading and seeding.
2. When the basement and/or foundation of the residence is constructed, stone shall
be lOstaUed over the path of the driveway as shown on the approved building plans, and shall be
level with the curb at the Lot line to avoid curb break-up.
3. The surface and sub-surface drainage system shall not be altered in any way from
the conditions specified in the development plan for W oodhaU and in the approved building
plans for the Lot.
4. Each builder and Owner is responsible for insuring that the Lot is maintained as a
clean and orderly construction site. Lots must be kept trash free and mowed. Trash shall not be
deposited on other Lots within Woodhall. All builders shall place a trash dumpster on the Lot
where the work is being performed. All trash generated on the Lot shall be hauled away from the
subdivision 011 a regular (not less than weekly) basis and the construction site shall be kept neat
and orderly at aU times.
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5. Water service cuts shall not undelmine the curbs or alter the sub-surface drainage
system. Any excavated area which adjoins the curb will be backfilled with #53, stone to within
10 inches ofthe top curb.
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6. Vehicles shall not be driven across or parked on other Lots. Mud tracked onto the
streets must be scraped off in a timely manner. Whenever possible, vehicles should be parked on
one side of the street to insure that traffic can flow through the area smoothly.
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FENCING. All fencing placed in Woodhall must be approved by the Committee. Masonry
walls may be permitted, integrated with or without wrought iron fencing, when deemed
appropliate by the Committee. Absolutely no chain link, stockade, shadow box or split rail
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fencing is permitted. For approval please include:
· site plan
dimensions and placement of stnlcture
photograph or brochure picture
· color
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ACCESSORY STRUCTURES. The Committee serves to protect the value of all homes by
providing uncompromising standards and requirements. Any and all improvements made to a
Lot (including, but not limited to, pools, swing sets, decks, gazebos, satellite dishes, basketball
goals that would be visible from a public right-of-way adjoining the Lot) must receive prior
approval by the Committee.
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Concrete pads for basketball goals must not be placed \vithin easements located on any
Lot. Absolutely no mini barns, satellite dishes greater than eighteen (18) inches in diameter,
above ground pools, or storage sheds will be permitted or approved. For approval please include:
site plan
dimensions and placement of structure
· photograph or brochure picture
color
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YARD LIGHTS, MAILBOXES. Each Owner or 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 Committee prior to the installation thereof or (ii) two (2) carriage
I ights on the front of the home of a type, style and manufacture approved by the Committee prior
to the installation thereof. Each such light fIxture shall also have a bulb of a wattage approved by
Committee to insure unifol111 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. All
mailboxes in Woodhall must be of unifonn size, type and color. Approved mailboxes for
Woodhall can be ordered from company selected by the Committee.
OTHER CONCERNS. Any other concems regarding the design review process or the policies
and procedures ofthe Committee should be directed to the HOA. The Owner and the builder are
responsible for ensuring that these standards are met. The Owner will be billed if HOA takes any
corrective action.
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SUBMITTING PLANS. Plans should be submitted to HOA, c/o Declarant, Attn. Jeffrey B.
Cohen, 210 East 9151 Street, Indianapolis, IN 46240. Please allow five to ten (5-10) days for
review and comment. Please read the conditions for approval written on your plans; you will be
held responsible for making any requested changes. lfthe Committee fails to approve, modifY or
disapprove in writing an application for approval of a Lot development plan within sixty (60)
days after receipt of such plan and such further information as the Committee may require, then
approval will be deemed denied.
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CHECKLIST OF COMPLIANCE
FOR
WOODHALL
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INSTRUCTIONS:
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The applicant for approval of any constmction upon or improvement of a Lot (that is, the
owner or owners of such Lot) must complete this Checklist by supplying all information required
under Items 1, 2, 3 and 4 hereof. The applicant must then submit this checklist in triplicate
together with three (3) copies of all plans and drawings refelTed to herein, to HOA for its actions.
1. General Information
(A) Lot No.:
(8) Complete name(s) ofowner(s) of record:
(C) Name, Address and Telephone Number of Builder,
Engineer and/or Architect:
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(D)
Size of House to be constructed on Lot:
(l) Number of Stories:
(2) (a) 1 st Floor Square Footage:
Square Feet:
(b) 2nd Floor Square Footage:
Square Feet:
(c) Other (Specify):
Square Feet:
(d) Total Square Footage:
Square Feet:
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2.
Site Plan:
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(A) Prepared by:
(B) Latest revision date:
(C) Required information:
(1) Topography.
(2) Trees Shown.
(3) House Location.
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Woodhall DL'Clumtion.DOC
(4) Utilities.
(5) Storm Drainage.
(6) Landscaping.
(7) Dri veway and Sidewalk Plan.
(8) Fences.
(9) Pool Design and Location.
(10) Tennis Court Design and Location (including lighting).
(11) Miscellaneous (Other).
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3.
Construction (Workill1d Dralvin2:s:
(A)
Type of Plan!
Drawing
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1. Foundation Plan
2. Floor Plan
3. Cross Sections
4. Exterior Elevations
5. Specifications
6. Roof Plan
7. Drainage Plan
8. Materials Shown
9. Exterior Trim Details
10. Pool Design and
Location, including
equipment and
drainage plans
11. Tennis Court Design
and Location
(including lighting)
12. Miscellaneous (Otber)
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(B)
(C)
Latest Revision
Date:
Prepared Bv:
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4.
Owner's Request For Approval: The undersigned, owner or owners of the Lot in
Woodhall (collectively, "Owner"), as an inducement to BOA to consider the approvals
herein requested, hereby states and certifies (A) that he is the sole owner of said Lot,
(B) that the information set forth in Items I, 2, and 3 above is true and correct, and,
(C) that the plans and drawings identified above and submitted herewith to HOA are the
only plans and drawings being considered for approval by HOA. The undersigned
represents, warrants and agrees that all construction upon and improvement of the subject
Lot will be performed in accordance with such plans and drawings as finally approved by
BOA. The undersigned acknowledges and understands that any changes in plans and
drawings, after the approval of those submitted to HOA, must be re-submitted to HOA
for its consideration and ultimate approval. The undersigned further agrees to abide by all
of the terms, provisions and requirements of the Declaration, and the approval
requirement of HOA. The undersigned hereby requests approval by HOA of the plans
and drawings identified above and submitted herewith.
Dated:
,20
OWNER(S):
WITNESS:
(Note: All owners of record must sign the Request For Approval.)
For more information, please contact:
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Woodhall Homeowners Association, Inc.
c/o W oodhalJ, LLC
Attention: Jeffrey B. Cohen
210 East 91s1 Street
Indianapolis, Indiana 46240
(317) 844-4467
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(1)
ACTION BY HOA:
Date this Checklist and all plans and drawings referred to herein were received by HOA:
,20
(2)
Plans and drawings are:
(A) Disapproved since they are incomplete in the following respects:
(B) Disapproved for the following reasons:
(C) Approved subject to thc following conditions:
(Plans must be resubmitted for approval.)
(D) Approved as submitted and HOA hereby affixes the "Approved" stamp of
Woodhall Homeowners Association, Inc. to each page of all plans and
drawings submitted to it:
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(3)
(4)
Date of action by HOA:
,20
The foregoing action by BOA is valid only when this Checklist is executed by HOA and
all plans and drawings listed herein have been stamped "Approved".
WOODHALL HOMEOWNERS
ASSOCIATION, INe.
By:
Printed or Typed
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Calderon, Joseph
From:
Sent:
To:
Subject:
Mark Zukerman [Mzukerman@equicor_com]
Tuesday, February 05, 2008 11: 14 AM
Calderon, Joseph
FW: Woodhall Preliminary Plat Review
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Attachments:
07093_ExzBasins011508_A.pdf
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1508_A.pdf (1...
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Mark A. Zukerman
Vice Chairman
Equicor Companies, LLC
9011 North Meridian Street
Suite 202
Indianapolis, IN 46260
Phone (317) 573-8100
Fax (317) 573-9100
-----Original Message-----
From: Greg Hoyes [mailto:grh@co.hamilton.in.us]
Sent: Wednesday, January 16, 2008 4:16 PM
To: Angie Conn; schleif@indy.rr.com
Cc: Lance Ferrell; Scott Brewer; Mark Zukerman
Subject: Woodhall Preliminary plat Review
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Angie and Carol
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Since the drainage issue between Windemere and Woodhall had been brought
to light, I have looked into the issue and communicated with the
engineer to come up with a change that should help the drainage issue in
Windemere. The engineer for Woodhall has changed the drainage system to
pick up all the drainage runoff from Woodhall, with the exception of the
2 acre nature preserve area. This will result in a decrease of 5.5
acres that currently drains toward Windemere (see attached) and this
results in a significant decrease to the flow to the Windemere drainage
system. While the 2 acre nature preserve area will remain a direct
runoff from the Woodhall site into Windemere, with the vegetation and
land use it will remain in, the discharge is very minor and is in
compliance with our required developed drainage release rates for the 10
year storm event but is double what we would allow for the 100 year
storm event (see red text below from engineer). Our recommendation is
to leave this nature preserve area as direct runoff, as the discharge is
relatively small and it would cause substantial damage to that area to
be able to capture all the runoff from the nature preserve. Also, this
area is accounted for with the design of Windemere and should not cause
any burden to that drainage system.
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The table below summarizes the allowable, existing, and proposed nature
preserve discharges contributing to the east. The nature preserve are
less than the allowable discharges. The contributing drainage west of
windemere subdivision is approximately 7.5 ac. The Woodhall development
would reduce drainage west of Windemere to 2.0 ac or by approximately
70%. The 10-yr storm for the existing conditions has a discharge of 4.5
cfs. The 100-yr storm for the proposed nature preserve has a discharge
of 1.2 cfs, which is 70% lower than the lO-yr existing discharge.
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Discharge to the East
lO-year
lOO-year
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A:'llowable
Existing
0.8
4.5
cfs
cfs
2.3
12.1
cfs
cfs
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Nature Preserve
Allowable
0.2
cfs 1. 2
0.2
cfs
cfs
0.6
cfs
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While this is still preliminary plat and complete detailed information
will not be submitted until construction plan review, this does give me
enough information that I can make this work when we get to that point.
I do not have any issues with this being approved now so it can move on
to the next step in the process.
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Carol - While this will help the issues in Windemere, I would not go as
far as saying it will fix the problem. Some of the problem is cause by
Windemere residents and only they can help themselves with that issue.
If in the future people don't think the drainage system is working
properly, have them call us and file a drainage complaint, then we will
investigate further. I stipulate that with the storm system not working
properly, not a swale being blocked so the runoff can not get to the
storm system.
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If you have any questions, please let me know.
Greg Hoyes
HCSO Plan Reviewer
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HAMILTON COUNTY
HIGHWAY DEPARTMENT
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January 29, 2008
Mr. Lance Ferrell
Banning Engineering
853 Columbia Road, Suite 101
Plainfield, IN 46168
RE: Woodhall Lane
Primary Plat
S of 106th Street / E of Towne Road
Clay Township
Dear Mr. Ferrell:
This letter serves to acknowledge receipt of a Primary Plat received 01/23108 for review. After
reviewing the Primary Plat the Highway Department has the following comments:
1 . An Application for Project Review must be completed and the appropriate review fees
paid prior to any approvals from this office. The application is available on the County
Website.
2. Provide written approval from Carmel Fire, Carmel/Clay Schools, Carmel Engineering
and any affected agencies on the traffic circle and cui de sac design.
3. Maximum cui de sac length, is 600' per County Standards. A variance from the Hamilton
County Board of Commissioners for the 1220' cui de sac.
4. Include the Instrument Number of the offsite drainage easement.
5. Apparent RIW should be labeled at 16 W.
6. The deceleration lane should consist of a minimum 150' lane and 100' taper.
7. On both pavement sections, replace 6" (Min.) compacted or undisturbed soil with
Prepared Subgrade.
8. A Public/Private Road Approach permit will be required. Please contact the Permit
Inspector, Robb Chadwell, for permit and bonding requirements.
9. Additional comments may be needed at a later date.
1700 South 10Ih Street
Noblesville, In. 46060
www.co.hamilton.in.us
Office (317) 773-7770
Fax (317) 776-9814
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If you have any questions or comments concerning this letter, please feel free to contact me at
anytime.
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Sincerely,
David E. Lucas
Staff Engineer
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DL:dl
01-29-08.a
cc: Carmel T AC members
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G:\USERS\del\Subdivisions\Clay\woodhall 01-29-08
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"Your Project is Our Priority"
January 31,2008
Mr: David Lucas
Staff Engineer, Hamilton County Highway Department
1700 South IOtb Street
NoblesviIle, IN 46060
RE: WOODHALL LANE
Dear David:
I have received and reviewed your comment letter on the above referenced job. At this time we have addressed
all of your concerns Dr comments and would like to resubmit.
Comment Action Taken
I. Joe Calderon of Bose, McKinney & Evans, LLP will provide.
2. We submitted drawings and movie clips (from the Autolurn software) to the City of Carmel for
distribution.
3. Joe Calderon ofEose, McKinney & Evans, LLP will provide.
4. An agreement has been reached with the landowner, and a copy will be provided upon fmal recordation.
5. This is shown and dimensioned on the plans.
6. Due to site constraints, a 100' taper and 75' lane have been used.
7. This has been changed on the plans.
8. Joe Calderon of Bose, McKitmey & Evans, LLP will provide.
9. Noted.
Si:t"' J~
Brian A. Wagner
Project Manager
cc: Jeff Cohen - JB Cohen Realty Corp.
Banning Engineering, P.C. .. . 853 Columbia Road, Suite 101 .. Plainfield, IN 46168
Phone: (317) 707-3700 .. Fax: (317) 707-3800 .. E-mail: banning@BanningEngineerfng.com
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