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HomeMy WebLinkAboutCheswick 1st Amendment CovenantsFIRST AMENDMENT TO THE DECLARATION OF COVENANTS AND RESlRIC'TIONS CHESWICK PLACE This First Amendment to the Declaration of Covenants and Restrictions is made as of the 1st day of July, 2003, by Cheswick Corporation, an Indiana Corporation ("Decl·-~t").~~ 20030010..822 Filed for Record in HAMILTON COUNTY.L.. .INDIANAWITNESSETH JE/IIIIIIFER J HAYIJI:N 10-13-2003 At 03:50 pm. AMEND IlECLQ d 20. 00 •WHEREAS, on or about August 25, 1994 Declarant executed and a opted a certam ''Declaration of Covenants and Restrictions" (the "Declaration) for a residential subdivision known as Cheswick Place, to be developed on all or part of certain real estate located in Hamilton County, Indiana, as described in Exhibits "A" and "B" of said Declaration (~6its aflil again al:taehe!i Il£I E:dtlMts "Jr." ami ""I'r'1}f9hIg~ 'Amendment); WHEREAS, the Declaration was filed in the Office of the Recorder of Hamilton County, Indiana on or about September 15, 1994 as Instrument No. 94-39693; and WHEREAS, pursuant to Section 20 of the Declaration, Declarant reserved the right to unilaterally amend and revise the Declaration prior to December 31, 2010; and WHEREAS, Declarant has determined that certain revisions to the Declaration are necessary or appropriate; NOW, THEREFORE, Declarant hereby declares the Declaration to be amended as follows, effective July 1,2003; 1. Section 3 of the Declaration is hereby deleted. 7 The second paragraph of Section 4 of the Declaration is hereby amended by adding the fonowing sentence at the end ofthat paragraph: "Tbe rights of the Declarant or Grantor under the preceding sentence shall terminate as of July 1, 2003, except as to any such appurtenant easements or restrictions granted prior to that date." 3. Section 1 O(i) is hereby amended to read as follows: (i) Construction and Landscaping. All construction upon, landscaping of and other improvements to Ii Lot shall be completed strictly in accordance with the Lot Development Plan approved by the Architectural Review Board, Landscaping shall include Ii minimum of two 2" deciduous trees planted near the street right-of­ way, taking care to avoid easements and not to violate site distance requirements. All landscaping specified on the landscaping plan approved by the Architectural Review Board shall be installed on the Lot strictly in accordance with such approved plan within thirty (30) days following substantial completion of the Residence unless the Board agrees to a later landscaping completion date. Unless a delay is caused by strikes, war, court injunction or acts of god, the Owner of any Lot which on the date of purchase is not improved with a Residence shall counnence construction of a Residence upon the Lot within two (2) years from the date the Owner acquired title thereto and shall complete construction of such Residence within one (1) year after the date of commencement of the building process, but in no event later than three (3) years after the date the Owner acquired title to the Lot unless such Lot is adjacent to a Lot upon which the Owner has constructed a Residence in which such Owner permanently resides. If the Owner firils to counnence or complete construction of a Residence within the time periods specified herein, or if the Owner should, without the Corporation's written approval, sell, contact to sell, convey, or otherwise dispose of; or attempt to sell, convey or otherwise dispose of, the Lot before completion of construction of a Residence on the Lot, then, in any ofsuch events, the Corporation may: (i) re-enter the Lot and divest the Owner of title thereto by tendering to the Owner or to the Clerk of the Circuit Court of Hamilton County the lesser of (i) the same net dollar amount as was received by Declarant from such Owner as consideration tor the conveyance by Declarant of the Lot, together with such actual costs, if any, as the Owner may prove to have been incurred in connection ",ith the counnencement of construction of a Residence on the Lot and (li) the then firir market value of the Lot, as determined by averaging two (2) appraisals made by two (2) qualified appraisers appointed by the Judge of the Circuit or Superior Court of Hamilton County, Indiana (ii) obtain injunctive relief to force the Owner to proceed with construction of any residence, a Lot Development Plan for which has been approved by the Architectural Review Board upon application by such Owner; or (iii) pursue such other remedies at law or in equity a may be available to the Corporation. The failure of the Owner of a Lot to apply for approval of, or receive approval froID, the Architectural Review Board of a Lot Development Plan shall not relieve such Owner from his obligation to commence and complete construction of a Residence upon the Lot within the time periods specified herein. For the purposes of this sub-paragraph (h), construction of a Residence will be deemed "completed" when the exterior of the Residence (including but not limited to the foundation, walls, roof, windows, entry doors, gutters, downspouts, exterior trim, paved driveway and landscaping) has been completed in confurmity with the Lot Development Plan. 4. The second sentence of Section 10(n) of the Declaration is hereby amended to read as follows: The Corporation shall have the right, but not the obligation, to mow the lawn and maintain vacant Lots, and assess the cost thereof against the Owner of each such Lot." 5. The fIrst sentence of Section I I (b) is hereby amended to read as follows: Except for such signs as the Corporation may in its absolute discretion display in connection with the identifIcation or development of Cheswick Place and the sale of Lots therein and such signs as the Corporation may be locate in any Common Area or Community Area, no sign of any kind shall be displayed to the public view on any Lot except that two (2) signs of not more than fuur (4) square feet may be displayed at any time for the purpose of advertising the property for sale, or may be displayed by a builder to advertise the property during construction and sale. 6. The sixth sentence ofSeetion I I (e) is hereby amended to read as follows: No fence shall be erected or maintained on or within any Landscaping Easement or Sign Easement except such as may be have been installed by Declarant and such as are subsequently installed or replaced by the Corporation in such manner as to preserve the uniformity of such fence. 7. The fITst sentence of Section II (c){i) is hereby amended to read as follows: No fencing shall be erected in a Landscape Easement, Sign Easement, or in a Common Area except by the Declarant during the Development Period, or by the Corporation after the Development Period. 8. Section 12(c) is hereby amended to read as follows: (c) Classes of Membershipfllld Voting Rights. Effective July 1, 2003, all Owners, including the Declarant, shall be Class A members, and Class A ruembership shall be the only class of voting membership of the A~sociation. Class A members shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote tor each Lot shall be exercised as the members holding an interest in such Lot determine among themselves, but in no event shall more than one vote be cast with respect to any Lot 9. Section 12(g) shall be amended to read as follows: (g) T ern:rination of Class B Membership. Wherever in this Declaration the consent, approval or vote of the Class B Member is required, such requirement shall cease effective June 1,2003 unless otherwise specifically provided herein. 10. Section J3(b )(ii)(2) is hereby deleted. 11. Section 14(c) is hereby amended to read as follows; (c) Cl:mnge in Conditions. Except as otherwise expressly provided in this Declaration, no improvements, alterations, repairs, change of colors, excavations, changes in grade, planting or other work that in any way alters any Lot or the exterior of the improvements located thereon from its natural or improved state existing on the date such Lot was first conveyed in fee by the Declarant to an Owner shall be made or done without the prior approval by the Architectural Review Board of a Lot Development Plan therefur. Prior to the commencement by an Owner of (i) construction, erection or alteration of any Residence, building, fence, wall, swimming pool, tennis court, patio, pier, dock, recreational equipment, or other structure on a Lot or eii) any plantings on a Lot, a Lot Development Plan with respec1: thereto shall be submitted to the Architectural Review Board, and no building, fence, wall, Residence, or other structure shall be commenced, erected, maintained, improved, altered, made or done, or any plantings made, by any Person without the prior written approval by the Architectural Review Board of a Lot Development Plan relating to such construction, erection, alteration or plantings. Such approval shall be in addition to, and not in lieu of, all approvals, consents, permits and/or variances required by law from governmental authorities having jurisdk1:ion over Cheswick Place, and no Owner shall undertake any construction activity within Cheswick Place unless legal requirements have been satisfied. Each Owner shall complete all improvements to a. Lot strictly in accordauce with the Lot Development Plan approved by the Architectural Review Board. A used in this subparagraph (c), ~plantings" does not include flowers, bushes, shrubs or other plants having a height of less than 18 inches. Any improvements, alterations, repairs, change of colors, excavations, changes in grade, planting or other work by the Declarant shall be subject to the standards and guidelines applied to other Owners. 12. The following sentence is hereby added at the end ofSection IS(h): The foregoing notwithstanding, legal title to the Community Area shall be conveyed to the Corporation by the Declarant on or before July 1, 2003. 13. Section 17 is hereby deleted. 14. Section 20 is hereby amended in its entirety to read as follows: 20. AyIendments. This Declaration may be amended at any time by an instrument signed by the appropriate officers of the Corporation acting pursuant to the authority granted by not less than two-thirds (2/3) ofthe votes of the Class A members cast at a meeting duly called for the purpose of amending this Declaration; provided, however, that no such amendment shall take effect without the express consent of the Declarant, so long as the Declarant still owns at least one (1) Lot. Any amendment shall be effective upon its recordation in the office of the Recorder ofHarnilton County, Indiana, or such later date as may be specified in such amendment. 15. Not withstanding any other revisions, the Declarant (14, a) shall continue to exercise architectural control over all new construction as long as the Delarant shall own one lot in Cheswick Place. IN WITNESS WHEREOF, the Declarant has executed this Amendment as of the date first set forth above. STAlE OF ThI'DIANA ) . ) SS· COUNTY OFd<z-q;~,v ,/.:;::; Before me the undersigned, a Nojary Public in and for said County and. State, personally appeared R""'YM9..""e<. kbd /_;, the ~5'e;~p~--~f Cheswi.ck Corporation, and he being first duly SVfuffi upon his oath, says that the mcts alleged in the foregoing instrument are true. Witness my hand and Notarial Seal this J _day ~f ~<"df::z< ,2003. ~/ Me:-{~y Notary Public /' k:,..,.. eN E Be/.£".':7 Printed Name /' My Commission Expires: '3 -::/ -::2008 County of Residence: ~~/--.-J Exhibit"..B..." - - thence Nonherly and Westerly along said curve 31.42 feel to the point of tangenc), 01' ,,,id ,',,, \ ,'. II.,' radius point of said curve being South 04 degrees 35minules 49 s~coJ\Js East 20 IHi t','cl !:"I:, "lIci point. thence Nonh 03 degrees 08 luinulcs 22 seconds Wt!!ill 5002 1'\:,1,;( 10 the pOInt ..1" '.:111 ,.11; .. C \'! a curve concave Nonhweslerly, the radius point of said curve being Nonh 0,1 degree, .;" IL",uk, ,,' seconds \,'esl 2000 from said poim; thence Easterly and Northerly along said Cll''V~ :2'1 :; ~ (c"1 "j I h,' point of tangency of said curve the radius point of said curve being North 83 degrce, 4:; "''''Uk' C') seconds West 20.00 feet from said point, said point also being the point of ClII'V,nlll,' o( " <I" \ " concave Easterly, the radius point of said curve being South 88 degrees 45 minutc> 1lJ ,c,', ""I, I;" '., 225.00 fect from said point; thence Northerly along said curve J3,20 rc~t to the !,,,illl o( {.II."",,') ," said curve. the radius poilll being South 80 degrees 18 minutes OS seconds E,,,t 2251111 10," 1:"1:. "I'·' point; Ihence North 09 degrees 41 minute, 52 seconds East 94.66 feCI; t hen.:c :'iout" Xli t:, ,~, ,',', •.', minutes 08 seconds East 50.00 feel; Ihence Nonh 85 degrees 14 mi'lul<:S II ,;ccolld> r .. ,,! i ;,.) I: feet thence Nonh 10 degrees 34 minutes 31 seconds East 420 76 fcctlO it point ull Iii .. '>,,''It. jill; bfthe Northeasl QuaneI' of said Southwest Quarter; thence South 89 degrees 54 minulcs 4 ~ ",'.l1lh East along the aforesaid South line 1158.5 1 feel to the Southeast corner or the Nortbeasl t)".111.:1 (lJ' the Southwest Quaner; thence South 00 degrees 52 minutes 30 seconds West along the Fa., 1",,· ,,( the said Southwest Quarter Section 1154.15 feet; thence North 89 degrees 49Illi""I",' I ,,·c.,Jld. West parallel wiJh the aforesaid Soulh line of the Soutllwe.1 Quarter 2500 feci; IIiellc,· .,,,,,,,,1' d~grees 31 minutes 57 seconds \'-',"st 35.57 feet; Ihcl1~e Soulh 00 dcg'cc,; Sg Illi,,,,,,',, ;,, ,,', "II.: \V~SI 1400 I fcetll) Iile place I)fbcgilll.ing c'onlailling '125435 ;ten:s, ,nnle or Ic", ,.II'lcc': I,. ,,': "" .• ' h'ghways, riglm'''f-way, easements and restrictions of record TIllS INSTRUMENT PREPARED BYIRETURN AFTER RECORDING TO: John L. Egloff, Attorney at Law, Riley Bennett & Egloff: LLP, One American Square, Box 82035, Indianapolis, Indiana 46282. Telephone: (317) 636-8000.