HomeMy WebLinkAboutCheswick CovenantsDECLARATION OF COVENANTS AND RESTRICTIONS
CHESWICK PLACE
This Declaration (hereafter "Declaration"), made as of the :1. )~day of AlA q It,!; t
199..±, by Cheswick Corporation, an Indiana Corporation ("Declarant") d
WITNESSETH:
WHEREAS, the following facts are true:
WHEREAS, Declarant is the owner of the real estate located in Hamilton County, Indiana,
described in exhibit "An (hereafter "Real Estate"), upon which Declarant intends to develop a
residential subdivision to be known as Cheswick Place.
WHEREAS, Declarant is the owner of part of that real estate which is more particularly
described in Exhibit uB" attached hereto and incorporated herein by reference (hereinafter referred
to as the"Additional Real Estate"), and may become the owner of more or all of the Additional
Real Estate;
WHEREAS, Declarant has or will construct certain improvements and amenities which
shall constitute Community Area;
WHEREAS, Declarant desires to subdivide and develop the Real Estate and may in the
future desire to subdivide and develop :meh portions (or all) of the Additional Real Estate as may
be made subject to the terms of this Declaration, as hereinafter provided;
WHEREAS, the term "Property" shall hereafter mean and refer to the Real Estate together
with such portions of the Additional Real Estate as have from time to time been subjected to and
at any time subject to this Declaration;
WHEREAS, Declarant desires to provide for the preservation and enhancement of the
property values, amenities and opportunities in Cheswick Place and for the maintenance of the
Property and the improvements thereon, and to this end desires to subject the Property to the
covenants, restrictions, easements, charges and liens hereinafter set forth. each of which is for the
benefit of the Lots and lands in the Property and the future owners thereof;
WHEREAS, Declarant deems it desirable, for the efficient preservation of the values and
amenities in Cheswick Place, to create an agency to which may be delegated and assigned the
powers of owning, maintaining and administering the Community Area, administering and
enforcing the Restrictions, collecting and disbursing the Assessments and charges hereinafter
created, and promoting the health, safety and welfare of the Owners of Lots.
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WHEREAS, Declarant will incorporate under the laws of the State of Indiana a not-for
profit corporation known as Cheswick Place Homeowners Association, Inc. for the purpose of
exercising such functions.
NOW, THEREFORE. Declarant hereby declares that all of the Lots and lands in the
Property, as they are held and shall be held, conveyed, hypothecated or encumbered, leased,
rented, used, occupied and improved, are subject to the following Restrictions, all of which are
declared to be in furtherance of a plan for the improvement and sale of the Property and each Lo!
situated therein. and are established and agreed upon for the purpose of enhancing and protecting
the value, desirability and attractiveness of the Property as a whole and of each of Residences,
Lots and lands situated therein, The Restrictions shall run with the land and shall be binding
upon Declarant, its respective successors and assigns, and upon the parties having or acquiring
any interest in the Property or any part or parts thereof subject to such Restrictions. The
Restrictions shall inure to the benefit of Declarant and its respective successors in title to the
Property or any part or parts thereof.
1. Definitions. The following terms, as used in this Declaration. unless the context
clearly requires otherwise, shall mean the following:
(a) "Architectural Review Board" means that entity established pursuant to
Paragraph 14 of this Declaration for the purposes therein stated.
(b) "Articles" mean the Articles of Incorporation of the Corpuration. as
amended from time to time.
(c) "Assessments" means all sums lawfully assessed against the Members of
the Corpuration, as amended from time to time.
(d) "Board of Directors" means the governing body of the Corporation elected
by the Members in accordance with the By-Laws.
(e) "By-Laws" means the Code of By-Laws of the Corporation, as amended
from time to time.
(f) "Cheswick Place" means the name by which the Property shall be knOVl.'l1.
(g) "Common Area" means any area referred to on a Plat as a Common Area.
(h) "Community Area" means (i) the Lake Control Structures (ii) the Drainage
System, (iii) the Lakes and Lake Access Easements, (iv) the Entry Ways, (v) the
Roadways to the extent not maintained by public authority, (vi) any utility service lines
or facilities not maintained by a public utility company or governmental agency that serve
more than on Lot, and (vii) any area of land (I) shown on the Plat as a Common Area,
(2) described in any recorded instrument prepared by Declarant or its agents. or (3)
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conveyed to or acquired by the Corporation, together with all improvements thereto. that
are intended to be devoted to the use or enjoyment of some, but not necessarily all. of the
Owners of Lots.
(i) "Corporation" means Cheswick Place Homeowners Association. Inc.• an
Indiana not-for-profit, its successors and assigns.
G) "Declarant" means Cheswick Corporation, its successors and assigns to its
interest in the Property other than Owners purchasing Lots or Residences by deed from
Declarant (unless the conveyance indicated on intent that the grantee assume the rights
and obligations of Declarant).
(k) "Development Period" means the period of time commencing with the
execution of this Declaration and ending when Declarant has completed the development
and sale of, and no longer owns, any Lot or any other portion of the real estate in the
Property.
(I) "Drainage Board" means the Hamilton County, Drainage Board, Hamilton
County, Indiana, its successors or assigns.
em) "Drainage System" means the open drainage ditches and swales, the
subsurface drainage tiles, pipes and structures, the dry and wet retention andlor detention
areas, and the other structures, fixtures, properties" equipment and facilities (excluding the
Lakes and the Lake Control Structures) located in the Property and designed for the
purpose of controlling, retaining or expediting the drainage of surface and subsurface
waters from, over and across the Property, including but not limited to those shown or
referred to on the Plat, all or part of which may be established as legal drains subject to
the jurisdiction of the Drainage Board.
(n) "Entry Ways" means the structures constructed as an entrance to Cheswick
Place or a part thereof (exclusive of the street pavement, curbs and drainage structures and
tiles), the traffic island, if any, and the grassy area surrounding such structures, whether
located within or without the Property.
(m) "Landscaping Easement" means a portion of a Lot denoted on the Plat as
an area to be landscaped and maintained by the Corporation.
(0) "Lake" means any lake as depicted on the Plat and "Lakes" means all such
lakes. A numerically designated Lake means the Lake so designated by such number on
the Plat.
(p) "Lake Maintenance Access Easement" means an area designated on the Plat
as a means of access, for purposes of maintenance. to a Lake or a Lake Control Structure.
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(q) "Lake Control Structures" means the structure, outfalls, pipes and
appurtenances associated therewith or integral thereto, all or part of which may be
established as a legal drain subject to the jurisdiction of the Drainage Board.
(r) "Lot" means a platted lot as shown on the Plat.
(s) "Lot Development Plan" means (i) a site plan prepared by a licensed
engineer or architect (ii) foundation plan and proposed finished floor elevations, (iii)
building plans, including elevation and floor plans, (iv) material plans and specifications,
(v) landscaping plan, and (vi) all other data or infurmation that the Architectural Review
Board may request with respect to the improvement or alteration of a Lot (including but
not limited to the landscaping thereof) or the construction or alteration of a Residence or
other structure or improvement thereon,
(t) "Maintenance Costs" means all of the costs necessary to keep the facilities to
which the term applies operational and in good condition, including but not limited to the
cost of all upkeep, maintenance. repair, replacement of all or any part of any such facility,
payment of all insurance with respect thereto, all taxes imposed on the facility and on the
underlying land. leasehold, easement or right-of-way, and any other expense related to the
continuous maintenance, operation or improvement of the facility.
(u) "Member" means a Class A or Class B member of the Corporation and
"Members" means Class A and Class B members of the Corporation.
(v) "Mortgagee" means the holder of a first mortgage on a residence.
(w) "Owner" means a Person, including Declarant, who at the time has or is
acquiring any interest in a Lot except a Person who has or is acquiring such an interest
merely as sccurity for the performance of an obligation.
(x) "Person" means an individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
(y) "Plat" means the final secondary plat of the Property recorded in the Office
of the Recorder of Hamilton County, Indiana.
(as) "Reserve for Replacements" means a fund established and maintained by
the Corporation to meet the cost of periodic maintenance, repairs, renewal and
replacement of the Community Area.
(bb) "Residence" means any structure intended exclusively for occupancy by a
single family together with all appurtenances thereto, including private garage and
outbuildings and recreational facilities usual and incidental to the use of a siRge family
residential lot.
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(cc) "Restrictions" means the covenants. conditions. easements. charges. liens.
restrictions. rules and regulations and all other provisions set forth in this Declaration and
the Register of Regulations. as the same may from time to time be amended.
(dd) "Register of Regulations" means the document containing rules, regulations.
policies, and proeedures adopted by the Board of Direetors or the Architectural Review
Board, as the same may from time to time be amended.
(ee) "Roadway" means all or any part of a street. land or road (including the
right-of-way) designated to a provide aecess to one or more Lots which has not been
accepted for maintenance by a public authority.
(ft) "Zoning Authority" with respect to any action means the Director of the
Department of Community Development of the City of Carmel. Indiana or, where he
lacks the capacity to take action, or fails to take such actio!1. the governmental body or
bodies, administrative or judicial. in which authority is vested under applicable law to hear
appeals. or review action. or the failure to act.
2. Deelaration. Declarant hereby expressly declares that the Property shall be held.
transferred, and occupied subject to the Restrictions. As of the date of the execution of this
Deelaration, the Property consists solely of the Real Estate. The Owner of any Lot subject to
these Restrictions, by (i) acceptance of a deed conveying title thereto, or the execution of a
contract for the purchase thereof, whether from Declarant or a subsequent Owner of such Lot,
or (ii) by the act of occupancy of any Lot, shall accept such deed and execute such contract
subject to each Restriction and agreement herein contained. By acceptance of such deed or
execution of such contract, each Owner acknowledges the rights and powers of Deelarant and of
the Corporation with respect to these restrictions, and also for itself, its heirs, personal
representatives, successors and assigns, covenants, agrees and consents to and with Deelarant, the
Corporation, and the Owners of each of the Lots affected by these Restrictions to keep, observe,
comply with and perform such restrictions and agreement.
(i) "Annexation". Each Owner of a Lot in Cheswick Place by the acceptance of
a deed thereto, shall be deemed to have waived such owner's right to remonstrate
against annexation of all or any portion of Cheswick Place by the City of Carmel
at any time.
3. Declarant shall have, and hereby reserves the right, at any time, and from time to time,
to add to the Property and subject to this Declaration all or any part of the Additional Real
Estate. Any portion of the Additional Real Estate shall be added to the Property, and therefore
and thereby becomes a part of the Property and subject in all respects to this Declaration and all
rights, obligations and privileges herein, when Declarant places of record in Hamilton County,
Indiana, an instrument so declaring the same to be part of the Property, which declaration may
be made as part of a subdivision plat of any portion of the Additional Real Estate, or by an
amendment or supplement to this Declaration. Upon the recording of any such instrument the
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real estate described therein shall. for all purposes, thereafter be deemed a part of the Property
and the Owners of any Lots within such real estate shall be deemed for all purposes to have and
be subject to all the rights, duties, privileges and obligations of Owners of Lots within the
Property. No single exercise of Declarant's right and option to add to and expand the Property,
as described herein as to any part or parts of the Additional Real Estate, shall preclude Declarant
from thereafter from time to time further expanding and adding to the Property to include other
portions of the Additional Real Estate, and such right and option of expansion may be exercised
by Declarant from time to time as to all or any portions of the Additional Real Estate so long as
such expansion is accomplished during the Development Period. Such expansion of the Property
is entirely at the discretion of Declarant and nothing contained in this Declaration or otherwise
shall require Declarant to expand the Property beyond the Real Estate, or any other portions of
the Additional Real Estate which Declarant may voluntarily and in its sole discretion from time
to time subject to this Declaration.
4. The Lakes. Declarant shall convey title to the Lakes to the Corporation. The
Corporation shall be responsible for maintaining the Lakes. Two-thirds (2/3) ofthe Maintenance
Costs of the Lakes shall be assessed as a General Assessment against all Lots subject to
assessment and one-third (1I3) of such Maintenance Costs shall be assessed only against those
Lots which abut the particular Lake for which the Maintenance Costs are assessed. Each Owner
of a Lot which abuts a Lake shall be responsible at all times for maintaining so much of the bank
of the Lake above the pool level as constitutes a part of, or abuts, his Lot and shall keep that
portion of a Lake abutting his Lot free of debris and otherwise in reasonably clean condition.
No Owner shall pump water out of the Lake. No boats shall be permitted upon any part of a
Lake and no dock, pier. wall or other structure may be extended into a Lake without the prior
written consent of the Architectural Review Board and such governmental authority as may have
jurisdiction there over. No swimming or ice skating will be permitted in a Lake except if and
to the extent authorized by the Board of Directors. Except as otherwise provided herein, no
individual using a Lake has the right to cross another Lot or trespass upon the shoreline not
within a Common Area, subject to the rights of the Declarant, the Corporation and their
employees, agents and assigns as set forth in the Declaration. Each Owner of a Lot abutting a
Lake shall indenmify and hold harmless Declarant, the Corporation and each other Owner against
all loss or damage incurred as a result of injury to any Person or damage to any property, or as
a result of any other cause or thing, arising from or related to use of, or aecess to, a Lake by any
Person who gains aeeess thereto from, over or aeross such Owner's Lot. Declarant shall have
no liability to any Person with respect to the Lakes, the use thereof or access thereto, or with
respect to any damage to any Lot resulting from a Lake or the proximity of a Lot thereto,
including loss or damage from erosion.
As of the date of execution of this Declaration, a lake has been excavated on the Real
Estate. A second lake (hereafter "Second Lake") may, in the Declarant's sole discretion, be
constructed in the Common Area which may be located on the Additional Real Estate. The
Common Area on which the Second Lake may be excavated will hereafter be referred to as the
"Second Lake Area". The Second Lake Area will have frontage on adjoining land (hereafter
"Adjoining Land") which will not be part of the Additional Real Estate and will not be governed
by this Declaration. The Grantor hereby reserves the sole and exclusive right, in its exclusive
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discretion, to encumber the Second Lake Area and the Second Lake with certain appurtenant
easements and restrictions (i) restricting the right of the Declarant and the Corporation to
landscape, use, and change the grade of the Second Lake Area, and (ii) by which the owners of
the Adjoining Land are permitted to fish in the Second Lake and utilize the water in the Second
Lake for purposes of irrigating the Adjoining Land.
5. The Lakl;': Control Structures. Declarant shall convey title to the Lake Control
Structures to the Corporation. The Corporation shall be responsible for maintaining the Lake
Control Structnres to the extent not maintained by the Drainage Board, and the Maintenance
Costs thereof shall be assessed as a General Assessment against all Lots subject to assessment as
follows: two-thirds (2/3) of such Maintenance Costs shall be allocated among all Lots and one
third (l 13) of such Maintenance Costs shall be allocated among only those Lots which abut the
particular Lake for which Maintenance Costs for Lake Control Structures are assessed.
6. Drainage System -Declarant shall maintain the Drainage System in good condition
satisfactory for the purpose for which it was constructed until the earlier of December 31, 1994,
or the date the Drainage System is accepted as a legal drain by the Drainage Board. After the
earlier of such dates, the Corporation shall maintain the Drainage system to the extent not
maintained by the Drainage Board and the Maintenance Costs thereof shall be assessed against
all Lots subject to assessment serviced by that part of the Drainage System with respect to which
Maintenance Costs are incurred. Each Owner shall be individually liable for the cost of
maintenance of any drainage system located entirely upon his Lot which is devoted exclusively
to drainage of his Lot and is not maintained by the Drainage Board.
7. Recreational Facilities -After the date of execution hereof, the Declarant, in the
Declarant's sole discretion, may elect to construct on the Property, for the benefit of the Property
aod all Lots located therein, certain recreational facilities consisting of one or more of the
following: (i) a bath or club house, (ii) a swimming pool, (iii) one or more tennis courts, or (iv)
other similar facilities; provided, however, that nothing in this Declaration or othernise shall
require or be construed to require Declarant to construct such recreational facilities. Provided,
further, that the design, landscaping and construction of any such Recreational Facilities shall be
determined exclusively by the Declarant in the Declarant's sole and unfettered discretion.
Notwithstanding anything herein to the contrary, the Declarant may, in the Declarant's sole
discretion, erect chain link fences in and around the Recreational Facilities. The Declarant shall
bear the costs of the original construction of such recreational facilities and, thereafter, the costs
of operating, maintaining, and repairing such recreational facilities shall be assessed as a General
Assessment in accordance with the terms and conditions of Section l3(b) below.
8. Maintenance of Entry Ways, Landscape Easements and Common Area Easements and
Common Areas. The Corporation shall maintain the Entry Ways and the Landscaping Easements
and all improvements and plantings thereon, and the Maintenance Costs thereof shall be assessed
as a General Assessment against all Lots subject to assessment. Grass, trees, shrubs, and other
plantings located on an Entry Way or a Landscaping Easement shall be kept neatly cut, cultivated
or trimmed as reasonably required to maintain an attractive entrance to Cheswick Place, or a part
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thereof. or a planting area within Cheswick Place. All entrance signs located on an Entry Way
shall be maintained at all times in good and signly condition appropriate to a first-class residential
subdivision.
9. Roadwavs.
(a) Maintenance. Declarant shall maintain each Roadway in good condition satisfactory
for the purpose for which it was constructed until the Roadway has been accepted as a public
roadway.
(b) Landscaping. All landscaping within the road right-of-way is subject to the approval
of the appropriate governmental authority which, initially, is the Hamilton County Board of
Commissioners.
(c) Cul-de-sac median landscaping. Bush type plantings located on medians within cul
de-sacs shown on the Plat shall be no more than 18" tall. Trees located on medians within cul
de-sacs shown on the Plat shall be no closer than 10 feet to the back of curb, and shall be pruned
to six feet above street level. No sight obstructions shall be placed in the median.
(d) Cul-de-sac Parking. There shall be no parking on the Cul-de-sacs shown on the Plat.
10. Construction of Residences.
(a) Land Use. Lots may be used only for single-family residential purposes and only one
Residence not to exceed the maximum height pennitted by and measured pursuant to the Zoning
Ordinance of the City of Carmel, Indiana. No portion of any Lot may be sold or subdivided such
that there will be thereby a greater number of Residences in Cheswick Place than the number of
Lots depicted on the Plat. NotWithstanding any provision in the applicable zoning ordinance to
the contrary, no Lot may be used for any "Special Use" that is not clearly incidental and
necessary to single family dwellings. No home occupation shall be conducted or maintained on
any Lot other than one which does not constitute a "special use" and which is incidental to a
business, profession or occupation of the Owner or occupant of such Lot and which is generally
or regularly conducted at another location which is away from such Lot. No signs of any nature.
kind or description shall be erected, placed, or permitted to remain on any Lot advertising a
permitted home occupation.
(b) Size of Residence. Except as otherwise provided herein, no residence may be
constructed on any Lot unless such Residence, exclusive of open porches, attached garages and
basements, shall have a ground floor area of 2,500 square feet if a one-story structure, or 2,800
square feet if a higher structure.
(c) Temporary Structures. No trailer, shack, tent, boat, basement, garage or other
outbuilding may be used at any time as a dwelling, temporary or permanent, nor-may any
structure of a temporary character be used as a dwelling.
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(d) Building Location and Finished Floor Elevation. No building may be erected between
the building line shown on the Plat and the front Lot line, and no structure or part thereof may
be built or erected nearer than ten (l0) feet to any side Lot line or nearer than twenty (20) feet
to any rear Lot line. The side yards must aggregate thirty (30) feet. No accessory building may
be erected in front of a main building or in the required front yard on the side of a comer Jot
unless the accessory building is attached to the main building by a common wal!. No accessory
building which is not attached to the main building by a common wall or any swimming pool.
tennis court or other improvement may be erected or installed between the rear of the main
building and 136th Street, unless a variance therefor is obtained from the Carmel Board of
Zoning Appeals and approval is granted by the Architectural Review Board. A minimum
finished floor elevation, shown on the development plan for Cheswick Place, has been established
for each Lot depicted on the Plat and no finished floor elevation with the exception of flood
proteeted basements shall be constructed lower than said minimum without the written consent
of the Architectural Review Board. Demonstration of adequate storm water drainage in
conformity with both on-Lot and overall project drainage plans shall be a pre-requisite for
alternative finished floor elevations. Before construction commences, the finished floor elevation
shall be physically checked on the Lot and certified by a licensed professional engineer or a
licensed land surveyor.
(e) Driveways. All driveways shall be paved and maintained dust free.
(f) Yard Lights. If street lights are not installed in Cheswick Plaee, then the builder on
each Lot shall supply and install a yard light in operable condition on such Lot at a location,
having a height and of a type, style and manufacture approved by the Architectural Review Board
prior to the installation thereof. Each such light fixture shall also have a bulb of a maximum
wattage approved by Architectural Review Board to insure uniform illumination on each Lot and
shall be equipped with a photo electric eel! or similar device to insure automatic illumination
from dusk to dawn each day. The yard light thereafter shall be maintained in proper working
order by the Lot Owner.
(g) Fire Place Chase. All fireplace Chases shall be of masonry veneer, drivit, or a
material which is equal to or better than masonry veneer or drivit in quality and appearance. No
fireplace chase shall be constructed of stucco board.
(h) Storage Tanks. All above or below ground storage tanks, with the exception of gas
storage tanks used solely in connection with gas grills for the purpose of grilling or cooking food,
shall be and hereby are prohibited.
0) Construction and Landscaping. All construction upon, landscaping of and other
improvements to a Lot shall be completed strictly in accordance with the Lot Development Plan
approved by the Architectural Review Board. Landscaping shall include a 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
appro\'ed 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 commence 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 fails to commence or complete construction of a Residence
within the time periods specified herein, or if the Owner should, without Declarant's written
approval, sell, contract to sell, convey, or otherwise dispose of, or attempt to sell, conveyor
otherwise dispose of. the Lot before completion of construction of a Residence on the Lot, then,
in any of such events, Declarant may:
(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 for the
conveyance by Declarant of the Lot, together with such actual costs, if any, as the Owner
may prove to have been incurred in connection with the commencement of construction
of a Residence on the Lot and (il) the then fair 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
Declarant.
The failure of the Owner of a Lot to apply for approval of, or receive approval from, the
Architectural Review Board of a Lot Development Plan shall not relieve such Owner from his
obligation to 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 conformity with the Lot Development Plan.
0) Mailboxes. All mailboxes installed upon Lots shall be uniform and shall be of a type,
color and manufacture approved by the Architectural Review Board. Such mailboxes shall be
installed upon posts approved as to type, size and location by the Architectural Review Board.
(k) Septic Svstems. No septic tank, absorption field or any other on-site sewage disposal
system (other than a lateral main connected to a sanitary sewage collection system operated by
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the Clay Township Regional Waste District or a successor public agency or public utility) shall
be installed or maintained on any Lot.
(1) Water Systems. Each Owner shall connect to such water line maintained by a private
or public water utility to provide water for domestic use on the Lot and shall pay all connection.
availability or other charges lawfully established with respect to connections thereto.
Notwithstanding the foregoing, an Owner may establish, maintain and use an irrigation water well
on his Lot.
(m) Drainage. In the event storm water drainage from any Lot or Lots flows across
another Lot. provision shall be made by the Owner of such Lot to permit such drainage to
continue, without restriction or reduction, across the downstream Lot and into the natural drainage
channel or course, although no specific drainage easement for such flow of water is provided on
the Plat. To the extent not maintained by the Drainage Board, "Drainage Easements" reserved
as drainage swales shall be maintained by the Owner of the Lot upon which such easements are
located such that water from any adjacent Lot shall have adequate drainage along such swale.
Lots within Cheswick Place may be included in a legal drain established by the Drainage Board.
In such event. each Lot in Cheswick Place will be subject to assessment by the Drainage Board
for the costs of maintenance of the portion of the Drainage System and the Lake Control
Structures included in such legal drain, which assessment will be a lien against the Lot. The
elevation of a Lot shall not be changed so as to affect materially the surface elevation or grade
of surrounding Lots. Perimeter foundation drains, sump pump drains, downspouts and water
softeners, shall be connected whenever feasible into a subsurface drainage tile. Downspouts and
drains shall be designed to disperse runoff for overland flow to street or swale collection systems.
Each Owner shall maintain the subsurface drains and tiles located on his Lot and shall be liable
for the cost of all repairs thereto or replacements thereof.
(n) Vacant Lots. It shall be the duty and obligation of the Owner of a vacant Lot to
maintain such Lot and mow the lawn thereon. Declarant and the Corporation shall have the right,
but not the obligation, to mow the lawn and maintain vacant Lots.
(0) Out buildings and sheds are specifically prohibited except that Declarant may allow
them on a case by case basis.
II. Maintenance of Lots.
(a) Vehicle Parking. No camper, motor home, truck, trailer, boat or disabled vehicle may
be parked or stored overnight or longer on any Lot in open public view.
(b) Signs. Except for such signs as Declarant may in its absolute discretion display in
connection with the identification or development of Cbeswick Place and the sale of Lots therein
and such signs as may be located 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 four
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(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. A
builder shall display a "sold" sign on the Lot when he has sold the property.
(c) Fencing. No fenee, wall. hedge or shrub planting higher than eighteen (18) inehes
shall be permitted between the front property line and the front building set-back line except
where such planting is part of Residence landscaping and the prime root thereof is within four
(4) feet of the Residence. Comer Lots shall be deemed to have two (2) front yards. Trees shall
not be deemed "shrubs" unless planted in such a manner as to constitute a "hedge". No chain link
fence shall be erected upon a Lot. All fencing shall be uniform in height, style and color and
substantially similar in material. No fence shall be erected or maintained on or within any
Landscaping Easement or Sign Easement except such as may be installed by Declarant and
subsequently replaced by the Corporation in such manner as to preserve the uniformity of such
fence. All fences on Lake Lots shall be wrought iron or similar material. No fence may be
erected on a Lot without the prior approval of the Architectural Review Board, which may
establish further restrictions with respect to fences, including limitations on (or prohibition of)
the installation of fences in the rear yard of a Lot abutting a Lake and design standards for
fences. All fences shall be kept in good repair. No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations hetween two (2) and six (6) feet above the street shall be placed
or permitted to remain on any comer Lot within the triangular area formed by the street property
lines and a line connecting points 25 feet from the intersection of said street lines, or in the case
of a street line with the edge of a driveway pavement or alley line. No tree shall be permitted
to remain within such distances of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
(i) Fencing along 136th St, 141st st" Ditch Road. No fencing shall be erected
in a Landscape Easement, Sign Easement, or in a Common Area except by the Declarant.
Any fencing along 136th Street. 141st Street, or Ditch road shall be constructed of the
same material, and be the same height, the same color and the same design and the same
appearance and shall be constructed only with the approval of the Architectural Review
Board.
(d) Vegetation. An Owner shall not permit the growth of weeds and volunteer trees and
bushes on his Lot, and shall keep his Lot reasonably clear from such unsightly growth at all
times. If an Owner fails to comply with this restriction, the Architectural Review Board may
(but shall not be obligated to) cause the weeds to be cut and the Lot cleared of such growth at
the expense of the Owner thereof and the Architectural Review Board shall have a lien against
the cleared Lot for the expense thereof.
(e) Nuisances. No noxious or offensive activity shall be carried on upon any Lot nor
shall anything be done thereon which may be, or may become, an annoyance or nuisance to the
neighborhood. Barking dogs shall constitute a nuisance.
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(f) Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping
ground for trash. Rubbish, garbage or other waste shall be kept in sanitary containers out of
public view. All equipment for storage or disposal of such materials shall be kept clean and
sanitary.
(g) Livestock and PoultrY. No animals, livestock or poultry of any kind shall be raised.
bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that
they are not kept, bred or maintained for any commercial purpose. The owners of such permitted
pets shall confine them to their respective Lots such that they will not be a nuisance. Owners
of dogs shall so control or confine them so as to avoid barking which will annoy or disturb
adjoining Owners.
(h) Outside Burning. No trash, leaves, or other materials shall be burned upon a Lot if
smoke therefrom would blow upon any other Lot and, then. only in acceptable incinerators and
in compliance with all applicable legal requirements.
(i) Antennas and Receivers. No antenna, satellite dish. or other device for the
transmission or reception of radio, television, or s!J,tellite signals or any other form of
electromagnetic radiation shall be erected, used or maintained outdoors and above ground,
whether attached to a building or otherwise, on any residential Lot without the v.Titten approval
of the Architectural Review Board, which approval shall not be unreasonably withheld; provided.
however, that any such device may be installed and maintained on any Lot without the necessity
of such written approval if: (a) it is not visible from neighboring Lots, streets or common area;
or (b) the Owner, prior to installation, has received the written consent of the Owners of all Lots
who would have vicws of the device from their Lots; or (c) the device is virtually
indistinguishable from structures, devices or improvements, such as heat pumps, air conditioning
units, barbecue grills, patio furniture, and garden equipment, which are not prohibited by these
covenants or by-laws, or (d) it is a satellite dish two (2) feet or less in diameter and not affixed
to the roof of a residence.
(j) Exterior Lilrhts. No exterior lights shall be erected or maintained between the
building line and rear lot line so as to shine or reflect directly upon another Lot.
(k) Electric Bug Killers. Electric Bug Killers, "zappers", and other similar devices shall
not be installed at a location or locations which 1Nill result in the operation thereof becoming a
nuisance or annoyance to other Owners, and shall be operated only when outside activities require
the use thereof and not continuously.
(I) Temlis Courts. No tennis court shall be installed or maintained on any Lot which
abuts a Lake.
(m) Swimming Pools. No swimming pool or equipment or building related thereto shall
be constructed without the prior approval of the Architectural Review Board. No swimming pool
shall be located on a Lot abutting within 35 feet from the water's edge of a Lake at normal pool
1.3
elevation as established on the engineering design plans for the Lake filed with the zoning
authority. If a variance permitting installation of a mechanical pool cover in lieu of fencing has
been or may be obtained from the Zoning Authority, then the Architectural Review Board may
require. as a condition to the location of a swimming pool on a Lot, that the Owner install a
mechanical pool cover. If the Board imposes such requirement, then a mechanical pool cover
of a type and manufacture approved by the Architectural Review Board shall be installed by the
Owner in compliance with all applicable legal requirements established by the Zoning Authority
as a condition to such variance, and all requirements established by the Architectural Review
Board.
12. Cheswick Place Homeowners Association. Inc.
(a) Membership. Each Owner shall automatically be a Member and shall enjoy the
privileges and be bound by the obligations contained in the Articles and By-Laws. If a Person
would realize upon his security and become an Owner, he shall then be subject to all the
requirements and limitations imposed by this Declaration on other Owners. including those
provisions with respect to the payment of Assessments.
(b) Powers. The Corporation shall have such powers as are set forth in this Declaration
and in the Articles and By-Laws, together with all other powers that belong to it by law.
(c) Classes of Membership and Voting Rights. The Association shall have the following
two (2) classes of voting membership:
Class A. Class A members shall be all Owners with the exception of the
Declarant. Class A members shall be entitled to one (I) vote for each Lot owned. When
more than one person holds an interest in any Lot. all such persons shall be members.
The vote for 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.
Class B. The Class B member shall be the Declarant. The Declarant shall be
entitled to five (5) votes for each Lot owned. For purposes of this calculation, it shall be
assumed that Declarant owns all Lots, which number shall be reduced as Lots are
conveyed by the Declarant to an Owner. The Class B membership shall cease and be
converted to Class A membership on the happening of either of the following events,
whichever occurs earlier: (a) when the total number of votes outstanding in the Class A
membership is equal to the total number of votes outstanding in the Class B membership;
or, (b) December 31, 2010.
(d) Reserve for Replacements. The Board of Directors shall establish and maintain the
Reserve for Replacements by the allocation and payment to such reserve fund of an amount
determined annually by the Board to be sufficient to meet the cost of periodic maintenance,
repairs. renewal and replacement of the Community Area. In determining the amount, the Board
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shall take into consideration the expected useful life of the Community Area, projected increases
in the cost of materials and labor, interest to be earned by such fund and the advice of Declarant
or such consultants as the Board may employ. The Reserve for Replacements shall be deposited
in a special account with a lending institution. the accounts of which are insured by an agency
of the United States of America or may, in the discretion of the Board, be invested in obligations
of, or fully guaranteed as to principal by, the United States of America.
(e) Limitations on Action bv the Corporation. Unless the Class B Member and (i) at least
two-thirds of the Mortgagees (based on one vote for each first mortgage owned) or (ii) two-thirds
(2/3) of the Class A Members (other than Declarant) have given their prior written approval, the
Corporation, the Board of Directors and the Owners may not: (i) except as authorized by
Paragraph l3(a), by act or omission seek to abandon, partition, subdivide, encumber. sell or
transfer the Community Area (but the granting or easements for public utilities or other public
purposes consistent with the intended use of the Community Area shall not be deemed a transfer
for the purposes of this clause); (ii) fail to maintain fire and extended coverage on insurable
Community Area on a current replacement cost basis in an amount at least one hundred percent
(100%) of the insurable value (based on current replacement cost); (iii) use hazard insurance
proceeds for losses to any Community Area for other than the repair, replacement or
reconstruction of the Community Area; (iv) change the method of determining the obligations.
assessments. dues or other charges that may be levied against the Owner of a Residence; (v) by
act or omission change, waive or abandon any scheme of regulations or their enforeement
pertaining to the architectural design or the exterior appearance of Residences, or the maintenance
and up-keep of the Community Area; or (vi) fail to maintain the Reserve for Replacements in the
amount required by this Declaration.
(0 Mergers. Upon a merger or consolidation of another corporation with the
Corporation, its properties, rights and obligations may, as provided in its articles of incorporation,
by operation of law be transferred to another surviving Or consolidated corporation or,
alternatively, the properties, rights and obligations of another corporation may be operation of law
be added to the properties, rights and ohligations of the Corporation as a surviving corporation
pursuant to a merger. The surviving or consolidated corporation may administer the covenants
and restrictions established by this Declaration within the Property together with the covenants
and restrictions established upon any other properties as one scheme. No other merger Or
consolidation, however, shall effect any revocation, change or addition to the covenants
established by this Declaration within the Property except as hereinafter provided.
(g) Termination of Class B Membership. Wherever in this Declaration the consent,
approval or vote of the Class B Member is required, sueh requirement shall cea'ie at such time
as the Class B Membership terminates, but no such termination shall affect the rights and powers
of Declarant set forth in Paragraphs 16(b), 16(0, 17, or 20 (b).
(h) Board of Directors -During the Development Period, the Declarant shall appoint all
directors. shall fill all vacancies in the Board of Directors, and shall have the right to remove any
Director at any time, with or without cause. After the Development Period, the Owners shall
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elect a Board of Directors of the Association as prescribed by the Association's Articles and By
Laws. The Board of Directors shall manage the affairs of the Association. Directors nccd nOl
be members of the Association.
13. Assessments.
(a) Creation of the Lien and Personal Obliaation of Assessments. Declarant hereby
covenants. and each Owner of any Lot by acceptance of a deed thereto, whether or not it shall
be so expressed in such deed, is deemed to covenant and agree. to pay to the Corporation the
following: (I) General assessments, (2) Special Assessments, such Assessments to be established
and collected as hereinafter provided.
All Assessments, together with interest thereon and costs of collection thereof, shall be
a charge on the land and shall be a continuing lien upon the Lot against which each Assessment
is made until paid in fulL Each Assessment, together with interest thereon and costs of collection
thereof, shall also be the personal obligation of the Person who was the Owner of the Lot at the
time when the Assessment became due.
(b) General Assessment.
(i) Purpose of Assessment. The General Assessment levied by the Corporation
shall be used exclusively to promote the recreation, health, safety, and welfare of the
Owners of Lots and for the improvement, maintenance and operation of the Community
Area and all sign easements and landscape easements. The General Assessment shall also
be levied for the payment of real estate taxes allocable to the Community Areas, which
real estate taxes shall be paid by the Corporation from the date hereof, notwithstanding
that the Declarant may retain title to all or part of the Community Area. It shall further
be the obligation of the Corporation to (i) maintain and pay all costs of maintenance of
all public lighting installed and existing in any right-of-way (ii) pay the costs of all
electricity and energy usage attributable to public lighting installed and existing any right
of-way and (iii) maintain and pay the costs of maintenance of any sidewalks which abutt
a right-of-way but are not within the right-of-way, and the General Assessment shall also
be levied by the Corporation to comply and pay for with the foregoing maintenance
requirements and obligations.
(ii) Basis for Assessment.
(1) Lots Generally. Each Lot owned by a person other than Declarant shall
be assessed at a uniform rate without regard to whether a Residence has been
constructed upon the Lot.
(2) Lots Owned by Declarant. No Lot owned by Declarant shall be
assessed by the Corporation except such Lots as have been improved by the
construction thereon of Residences which shall be subject to assessment as
provided in Clause (1) above.
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(3) Change in Basis. The basis for assessment may be changed with the
assent of the Class B Member and of (i) two-thirds (2/3) of the Class A Members
(excluding Declarant) or (ii) two-thirds (2/3) of the Mortgagees (based on one vote
for each first mortgage owned) who are voting in person or by proxy at a meeting
of such members duly called for this purpose.
(iii) Method of Assessment. By a vote of a majority of the Directors, the Board
of Directors shall, on the basis specified in subparagraph (ii), fix the General Assessment
for each assessment year of the Corporation at an amount sufficient to meet the
obligations imposed by this Declaration upon the Corporation. The Board of Directors
shall establish the date( s) the General Assessment shall become due, and the manner in
which it shall be paid.
(iv) Allocation of Assessment. Except as otherwise expressly provided herein,
the cost of maintaining, operating, restoring or replacing the Community Area shall be
allocated equally among owners of all Lots and shall be uriiformly assessed.
(c) Special Assessment. The Corporation may levy in any fiscal year a Special
Assessment applicable to that year and not more than the next four (4) succeeding fiscal years
for the purpose of defraying, in whole or in part, the cost of any construction, repair, or
replacement of a capital improvement upon or constituting a part of the Community Area.
including fixtures and personal property relating thereto, provided that any such Assessment shall
have the assent of the Class B Member and of a majority of the votes of the Class A members
whose Lots are subject to assessment with respect to the capital improvement who are voting in
person or by proxy at a meeting of such members duly called for this purpose.
(d) Date of Commencement of Assessments. The General Assessment shall commence
with respect to assessable Lots on the first day of the month following conveyance of the first
Lot to an Owner who is not Declarant. The initial Assessment on any assessable Lot shall be
adjusted according to the number of whole months remaining in the assessment year.
(e) Effect of Nonpayment of Assessments: Remedies of the Comoration. Any
Assessment not paid within thirty (30) days after the due date may upon resolution of the Board
of Directors bear interest from the due date at a percentage rate no greater than the current
statutory maximum annual interest rate, to be set by the Board of Directors for each assessment
year. The Corporation shall be entitled to institute in any court of competent jurisdiction any
lawful action to collect the delinquent Assessment plus any expenses or costs, including attorneys'
fees, incurred by the Corporation in collecting such Assessment. If the Corporation has provided
for collection of any Assessment in installments, upon default in the payment of anyone or more
installments, the Corporation may accelerate payment and declare the entire balance of said
Assessment due and payable in full. No Owner may waive or otherwise escape liability for the
Assessments provided for herein by non-use of the Community Area or abandonment of his Lot.
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Cf) Subordination of the Lien to Mortsrages. The lien of the Assessments provided for
herein against a Lot shall be subordinate to the lien of any recorded first mortgage covering such
Lot and to any valid tax or special assessment lien on such Lot in favor of any governmental
taxing or assessing authority. Sale or transfer of any Lot shall not affect the assessment lien.
The sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof
shall, however, extinguish the lien of such Assessments as to payments ,vruch became due more
than six (6) months prior to such sale or transfer. No sale or transfer shall relieve sueh Lot from
liability for any Assessments thereafter becoming due or from the lien thereof.
(g) Certificates. The Corporation shall, upon demand by an Owner, at any time, furnish
a certificate in writing signed by an officer of the Corporation that the Assessments on a Lot have
been paid or that certain Assessments remain unpaid, as the case may be.
(h) Exempt PropertY. The following property subject to this Declaration shall be exempt
from the Assessments, charge and lien created herein: (I) all properties to the extent of any
easement or other interest therein dedicated and accepted by the local public authority and
devoted to public use and (2) the Community Area.
(i) Annual Budget. By a majority vote of the Directors, the Board of Directors shall
adopt an annual budget for the subsequent fiscal year, which shall provide for allocation of
expenses in such a manner that the obligations imposed by the Declaration will be met.
14. Architectural Control.
(a) The Architectural Review Board. Until the end of the Development Period, an
Architectural Review Board consisting of two (2) Persons shall be appointed by the Declarant.
After the expiration of the Development Period, the Architectural Review Board shall be
appointed by the Board of Directors.
(b) Purnoses. The Architectural Review Board shall regulate the external design,
appearance, use, location and maintenance of the Property and of improvements thereon in such
manner as to preserve values and to maintain a harmonious relationship among structures,
improvements and the natural vegetation and topography.
(c) Change 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 slate 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 therefor. Prior to the commencement by an Owner
other than Declarant of (i) construction, erection or alteration of any Residence, building, fence,
wall, swimming pool, tennis coun, patio, pier, dock, recreational equipment, or other structure
on a Lot or (ii) any plantings on a Lot , a Lot Development Plan with respect thereto shall be
submitted to the Architectural Review Board, and no building, fence, wall, Residence, or other
18
structure shall be commenced, erected. maintained. improved, altered, made or done, or any
plantings made, by any Person other than Declarant 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
jurisdiction 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 accordance 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.
(d) Procedures. In the event the Architectural Review Board fails to approve. modify or
disapprove in writing a Lot Development Plan within thirty (30) days after such plan has been
duly filed with the Architectural Review Board in accordance with procedures established by
Declarant or. if Declarant is no longer a Class B member, the Board of Directors' approval will
be deemed granted. If Declarant is no longer a Class B member. a decision of the Architectural
Review Board may be appealcd to the Board of Directors which may reverse or modify such
decision by a two-thirds (2/3) vote of the Directors then serving.
(e) Guidelines and Standards. The Architectural Review Board shall have the power to
establish such architectural and landscaping design guidelines and standards as it may deem
appropriate to achieve the purpose set forth in subparagraph (b) to the extent that such design
guidelines and standards are not in conflict 'with the specific provisions of this Declaration. If
Declarant is no longer a Class B member, any such guideline or standard may be appealed to the
Board of Directors which may terminate or modify such guideline or standard by a two-thirds
(2/3) vote of the Directors then serving.
15. Community Area.
(a) Ownership. The Community Area shall remain private, and neither Declarant's
execution or recording of any instrument portraying the Community Area, nor the doing of any
other act by Declarant is, or is intended to be. or shall be construed as, a dedication to the public
of such Community Area. Declarant or the Corporation may, however, dedicate or transfer all
or part of the Community Area to any public agency, authority or utility for use as roads,
utilities, parks or other public purposes.
(b) Density of Use or Adequacy. Declarant expressly disclaims any warranties or
representations regarding the density of use of the Community Area or any facilities located
thereon or the adequacy thereof for the purpose intended.
(c) Obligations of the Corporation. The Corporation, subject to the rights of Declarant
and the Owners set forth in this Declaration, shall be responsible for the exclusive management
and control of the Community Area and all improvements thereon (including furnishings and
equipment related thereto). and shall keep the Community Area in good, clean. attractive and
19
sanitary condition, order and repair.
(d) Easements of Enjoyment. No Person shall have any right or easement of enjoyment
in or to the Community Area except to the extent granted by, and subject to the terms and
provisions of. this Declaration or resolution adopted by the Board of Directors. Such rights and
easements as are thus granted shall be appurtenant to and shall pass with the title to every Lot
for whose benefit they are granted. The Owners of lots abutting the Lake may use the Lake. but
such use shall be limited to fishing and such other uses as may be authorized by resolution
adopted by the Board of Directors. Each Owner shall have the right to use such parts of the
Community Area as are reasonably required to afford access to and from such Owner's Lot.
(e) Extent of Easements. The easements of enjoyment created hereby shall be subject
to the following
(i) the right of the Corporation to establish reasonable rules for the use of the
Community Area;
(ii) the right of the Corporation to mortgage any or all of the Community Area
and the facilities constructed thereon for the purposes of improvements to, or repair of,
the Community Area or facilities constructed thereon, pursuant to approval of the Class
B member and (i) two-thirds (2/3) of the votes of the Class A members (excluding
Declarant) or (ii) two-thirds (2/3) of the Mortgagees (based on one vote for each first
mortgage owned), voting in person or by proxy at a regular meeting of the Corporation
or a meeting duly called for this purpose; and
(iii) the right of the Corporation to dedicatc or transfer all or any part of the
Community Area to any public agency, authority or utility, but no such dedication or
transfer shall be effective unless an instrument signed by the Class B member and (i) the
appropriate officers of the Corporation acting pursuant to authority granted by two-thirds
(2/3) of the votes of the Class A members (excluding Declarant) or (ii) two-thirds (2/3)
of the Mortgages (based on one vote for each first mortgage owned), agreeing to such
dedication or transfer, has been recorded.
(f) Additional Rights of Use. The members of the family and the guests of every Person
who has a right of enjoyment to the Community Area and facilities may use the Community Area
and facilities subject to such general regulations consistent with the provisions of this Declaration
as may be established from time to time by the Corporation and included within the Register of
Regulations.
(g) Damage or Destruction bv Owner. In the event the Community Area is damages or
destroyed by an Owner or any of his guests. tenants. licensees, agents, or member of his family,
such Owner authorizes the Corporation to repair said damaged area; the Corporation shall repair
said damaged area in a good workmanlike manner in conformance with the original. plans and
specifications of the area involved, or as the area may have been modified or altered subsequently
20
by the Corporation in the discretion of the Corporation. The amount necessary for such repairs
shall become a Special Assessment upon the Lot of said Owner.
(h) Conveyance of Title. Declarant may retain the legal title to the Community Area or
any portion thereof until such time as it has completed improvements thereon, but
notwithstanding any provision herein, the Declarant hereby covenants that it shall convey the
Lakes and Lake Control Structures to the Corporation, free and clear of all liens and financial
encumbrances. Owners shall have all the rights and obligations imposed by this Declaration with
respect to such Community Area prior to conveyance, except that the Corporation shall not be
liable for payment of taxes and insur.mce for such Community Area until title is conveyed.
16. Easements.
(a) Plat Easements. In addition to such easements as are created elsewhere in this
Declaration and as may be created by Declarant pursuant to written instruments recorded in the
Office of the Recorder of Hamilton County, Indiana, Lots are subject to drainage easements,
sewer easements, utility easements, sign easements, entry way easements, landscaping easements.
lake maintenance access easements and non-access easements. either separately or in any
combination thereof, as shown on the Plat, which are reserved for the use of Owners, public
utilities companies and governmental agencies as follows:
(1) Drainage Easements. (DE) are created to provide paths and courses for area
and local storm drainage, either overland or in adequate underground conduit, to serve the
needs of Cheswick Place and adjoining ground andlor public drainage systems; and it shall
be the individual responsibility of each Owner to maintain the drainage across his own
Lot. Under no circumstance shall said easement be blocked in any manner by the
construction or reconstruction of any improvement, nor shall any grading restrict, in any
manner, the water flow. Said areas are subject to construction or reconstruction to any
extent necessary to obtain adequate drainage at any time by any governmental authority
having jurisdiction over drainage, by Declarant, and by thc Architectural Review Board,
but neither Declarant nor the Architectural Rcview Board shall have any duty to undertake
any such construction or reconstruction. In the event the Declarant or the Architectural
Review Board undertakes any such construction or reconstruction, its obligations to restore
the affected real estate after any such construction or reconstruction shall be limited to re
grading and re-seeding. Under no circumstances to shall the Declarant be liable for any
damage or destruction to any fences, structures, or other improvements which are
damaged, destroyed or remodeled by Declarant, or its agents or employees as a result of
such construction or reconstruction. Said easements are for the mutual use and benefit
of the Owners.
(ii) Sewer Easements. (SE) are created for the use of the local government
agency having jurisdiction over any storm and sanitary waste disposal system which may
be designed to serve Cheswick Place for the purpose of installation and maintenance of
sewers that arc a part of said system.
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(iii) !Jtilitv Easements. (UE) are created for the lise of Declarant. the Corporation
and all public utility companies, not including transportation companies. for the
installation and maintenance of mains. ducts, poles, lines and wires. as well as for all uses
specified in the case of sewer easements.
(iv) Entry Way Easements. (EWE) are hereby created in the area of the Entry
Ways for the use of Declarant, the Architectural Review Board and the Corporation for
the installation. operation and maintenanee of the Entry Ways.
(v) Landscaping Easements. (LE) are created for the use by Declarant. the
Architectural Review Board and the Corporation for the planting and maintenance of
trees, shrubs and other plantings.
(vi) Lake Maintenance Access Easements. (LMAE) are created for the use of
Declarant, the Corporation. the Drainage Board and the Clay Township Regional Waste
District for the purpose of gaining access to the Lake, the Lake Control Structures, the
Drainage System in the course of maintenance, repair or replacement of any thereof.
(vii) Non-Access Easements. are depicted on the Plat and are created to preclude
access from certain Lots to abutting rights-of-way across the land subject to such
easements. No planting shall be done, and no hedges, walls, or other improvements shall
be erected or maintained in the area of such easements except by the Declarant during the
Development Period and, thereafter, by the Association. No fences shall be erected or
maintained in the area of such easements.
(viii) Sign Easements -There are strips of grounds shown on the Plat and
reserved for mounding easements, landscape easements, and sign easements. Declarant
hereby reserves unto itself during the Development Period and thereafter unto the
Association, such easements for the purposes of providing signs which either (i) advertise
the Property, and the availability of Lots the identity of participating builders, or events,
or (ii) identify the Property. Declarant reserves unto itself during the Development Period
and thereafter unto the Association, the exclusive and sole right to ereet signs and install
landscaping, mounding, and screening within these strips of ground shown on the Plat as
landscaping, mounding, and sign easements. No planting shall be done, and no hedges,
walls, or other improvements shall be erected or maintained in the area of such easements
except by the Declarant during the Development Period and, thereafter, by the
Association. No fences shaH be erected or maintained in the area of such easements,
except as may be installed by the Declarant.
(ix) Community Area Access Easement -The Declarant and the Corporation shall
have an undefined easement over any and all Lots for the purpose of gaining access to
any Community Area in order to maintain or repair said Community Area.
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All easements mentioned herein include the right of reasonable ingress and egress for the exercise
of other rights reserved. No structure. including fences. shall be built on any drainage, sewer or
utility easement, but a paved driveway necessary to provide access to a Lot from a public street
or Roadway shall not be deemed a "structure" for the purpose of this Restriction.
(b) General Easement. There is hereby created a blanket easement over. across. through
and under the Property for ingress, egress, installation, replacement, repair and maintenance of
underground utility and service lines and systems, including but not limited to water. sewers. gas.
telephones, electricity, television, cable or communication lines and systems. By virtue of this
easement it shall be expressly permissible for Declarant or the providing utility or service
company to install and maintain facilities and equipment on the Property and to excavate for such
purposes if Declarant or such company restores the disturbed area. All such restoration shall be
limited to re-seeding and re-grading only and Declarant shall be under no obligation to repair or
replace any improvements or landscaping. No sewers, electrical lines. water lines. or other
utility service lines or facilities for such utilities may be installed or relocated in the Property
except as proposed and approved by Declarant prior to the conveyance of the first Lot in the
Property to an Owner or by the Architectural Review Board thereafter. Should any utility
furnishing a service covered by the general easement herein provided request a specific easement
by recordable document, Declarant or the Corporation shall have the right to grant such easement
on the Property without conflicting with the terms thereof. This blanket easement shall in no way
affect any other recorded easements on the Property, shall be limited to improvements as
originally constructed, and shall not cover any portion of a Lot upon which a Residence has been
constructed.
(c) Public Health and Safety Easements. An easement is hereby created for the benefit
of, and granted to, all police, fire protection, ambulance, delivery vehicles, and all similar Persons
to enter upon the Community Area in the performance of their duties.
Cd) Drainage Board Easement. An easement is hereby created for the benefit of, and
granted to, the Drainage Board to enter the Property and all Lots therein to the extent necessary
to exercise its rights with respect to all or any part of the Drainage System or Lake Control
Structures which are included within any legal drain.
(e) Crossing Underground Easements. Easements utilized for underground service may
be crossed by driveways, walkways and Lake Access Easements provided prior arrangements are
made with the utility company furnishing service. Such easements as are actually utilized for
underground service shall be kept clear of all other improvements, including buildings, patios,
or other pavings, other than crossings, driveways, walkways or Lake Access Easements, and
neither Declarant nor any utility company using the easements shall be liable for any damage
done by either of them or their assigns, agents, employees, or servants to shrubbery, trees, flowers
or other improvements of the Owner located on the land covered by said easements.
Cf) Declarant's Easement to Correct Drainage. For a period of ten (10) years from the
date of conveyance of the first Lot in the Property, Declarant reserves a blanket easement and
23
right on. over and under the ground within the Property to maintain and to correct drainage of
surface water in order to maintain reasonable standards of health. safety and appearance. Such
right expressly includes the right to cut any trees. bushes or shrubbery, make any grading of the
soil, or to take any other similar action reasonably necessary. If such grading or cutting of trees.
bushes or shrubbery is in an area designated on the Plat as a Drainage Easement. then Declarant's
obligation to restore the affected real estate shall be limited to re-grading and re-seeding, and
neither the Declarant nor its agents, employees or assignees shall be liable for any damage or
destruction to any improvements. structures or fencing located on or in such existing Drainage
Easement. If such grading or cutting of trees, bushes or shrubbery is not in an area already
designated on the Plat as a Drainage Easement. Declarant will restore the affected property to its
original condition as nearly as practicable. Declarant shall give reasonable notice of is intention
to take such action to all affected Owners. unless in the opinion of Declarant an emergency exists
which precludes such notice.
(g) Water Retention. The Owner of each Lot. by acceptance of a deed thereto, consents
to the temporary storage (detention) of storm water within the drainage easements (DE) on such
Owner's Lot.
17. Declarant's Use During Construction. Notwithstanding any provisions to the contrary
contained herein or in any other instrument or agreement, Declarant or its sales agents or
contractors may maintain during the period of construction and sale of Lots and Residences in
the Property, upon such portion thereof as is owned or leased by Declarant, such facilities as in
the sole opinion of Declarant may be reasonably required, convenient or incidental to the
construction and sale of Lots and Residences, including, but ",ithout limiting the generality
thereof, a business office, storage area, construction yards, signs, model Residences and sales
offices.
18. Enforcement. The Corporation, any Owner or Declarant shall have the right to
enforee, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration, but neither
Declarant nor the Corporation shall be liable for damage or any kind to any Person for failure
either to abide by, enforce or carry out any of the Restrictions. No delay or failure by any
Person to enforce any of the Restrictions or to invoke any available remedy with respect to a
violation or violations thereof shall under any circumstances be deemed or held to be a waiver
by that Person of the right to do so thereafter, or an estoppel of that Person to assert any right
available to him upon the occurrence, recurrence or continuation of any violation or violations
of the Restrictions. In any action by Declarant, the Corporation or an Owner to enforce this
Declaration, such party shall be entitled to recover all costs of enforcement, including attorneys'
fees, if it substantially prevails in such action.
19. Approvals bv Declarant. As long as there is a Class B Member, the following aetions
shall require the prior approval of Declarant: the dedication or transfer of the Community Area;
the merger or consolidation of the Property with other real estate; mortgaging of the Community
24
~~--...-----....~~----...--~-........ "~
Area; amendment of this Declaration; and changes in the basis for assessment or the amount. use
and time of payment of the Initial Capital Assessment.
20. Amendments.
(a) Generally. This Declaration may be amended at any time by an instrument signed
by both (i) the appropriate officers of the Corporation acting pursuant to the authority granted
by not less than two-thirds (213) of the votes of the Class A members cast at a meeting duly
called for the purpose of amending this Declaration and. (ii) the Declarant, so long as the
Declarant still owns at least one (I) Lot.
(b) Bv Declarant Declarant hereby reserves the right unilaterally to amend and revise
the standards, covenants and restrictions contained in this Declaration during the period prior to
December 31, 20 I O. Such amendments shall be in writing, executed by Declarant, and recorded
with the Recorder of Hamilton County, Indiana. Dcelarant shall give notice in writing to such
Owners and Mortgagees of any amendments. Except to the extent authorized in Paragraph 15(b).
Declarant shall not have the right at any time by amendment of this Deelaration to grant or
establish any easement through. across or over any Lot which Declarant has previously conveyed
without the consent of the Owner of such Lot.
(c) Effective Date. Any amendment shall beeome effective upon its recordation in the
office of the Recorder of Hamilton County, Indiana,
21. lnteroretation. The underlined titles preceding the various paragraphs and
subparagraphs of this Declaration are for convenience of reference only, and none of them shall
be used as an aid to the construction of any provision of this Declaration. Wherever and
whenever applicable, the singUlar form of any work shall be taken to mean or apply to the plural.
and the masculine from shall be taken to mean or apply to the feminine or to the neuter.
22. Duration. The foregoing covenants and restrictions are for the mutual benefit and
protection of the present and future Owners, the Corporation, and Declarant, and shall run with
the land and be binding on all parties and all Persons claiming under them until January 1,2021,
at which time said covenants and restrictions shall be automatically extended for successive
periods of ten (l0) years, unless changed in whole or in part by vote of those Persons who are
then the Owners of a majority of the Lots in the Property.
23. Severability. Every one of the Restrictions is hereby declared to be independent of,
and severable from, the rest of the Restrictions and of and from every other one of the
Restrictions, and of and from every combination of the Restrictions. Therefore, if any of the
Restrictions shall be held to be invalid or to be unenforceable, or to lack the quality of running
with the land, that holding shall be without effect upon the validity, enforceability or "rurming"
quality of any other one of the Restrictions.
25
24. Non-Liabilitv of Declarant. Declarant shall not have any liability to an Owner or to
any other Person with respect to drainage on, over or under a Lot. Such drainage shall be the
responsibility of the Owner of the Lot upon which a Residence is constructed and of the builder
of such Residence, and an Owner, by an acceptance of a deed to a Lot, shall be deemed to agree
to indemnify and hold Declarant free and harmless from and against any and all liability arising
from. related to, or in connection with drainage on, over and under the Lot described in such
deed. Declarant shall have no duties, obligations or liabilities hereunder except such as are
expressly assumed by Declarant. and no duty of, or warranty by, Declarant shall be implied by
or inferred from any term or provision of this Declaration.
IN TESTIMONY WHEREOF, witness the signatures of Declarant as of the date set forth
above.
"Declarant"
STATE OF INDIANA )
) SS:
COUNTY OF ,iII\(y;." )
Before me the undersigned. a Notary Public in and for said County and State, personally
appeared lames Caito, President of Cheswick Corporation, and he being first duly sworn by me
upon his oath, says that the facts alleged in the foregoing instrument are true.
Witness my hand and Notarial Seal this z¢ day of kJ I\~+ ,1994.
My Commission Expires: ~dl ~
Notary Public
~'fh~----County
Printed Name
98th St.,
26
Exhibit "A-"
Cheswick Place
Section I
A part of the Southwest Quarter of Section 22, Township 18 North, Range 3 East in Hamilton
County, Indiana, said part being more particularly described as follows:
Commencing at a stone marked with an "XU marking the Southeast corner of said Quarter Section;
thence North 89 degrees 49 minutes 31 seconds West along the South line of said Southwest Quarter
Section 50.25 feet to the POINT OF BEGINNING; thence continuing North 89 degrees 49 minutes
31 seconds West along the aforesaid South line 1732.75 feet; thence North 00 degrees 10 minutes
29 seconds East 40.00 feet; thence South 89 degrees 49 minutes 31 seconds East parallel with the
aforesaid South line 164.75 feet; thence North 45 degrees 10 minutes 29 seconds East 42.43 feet;
thence North 00 degrees 10 minutes 29 seconds East 47.83 feet to the point of curvature of a curve
concave Easterly, the radius point of said curve being South 89 degrees 49 minutes 31 seconds East
360.00 reet from said point; thence Northerly along said curve 182.08 feet to the point of tangency
of said curve, the radius point of said curve being South 60 degrees 50 minutes 49 seconds East
360.00 reet from said point; thence North 29 degrees 09 minutes II seconds East 189.58 feet tOihe
point ofcurvature of a curve concave Northwesterly, the radius point of said curve being North 60
degrees 50 minutes 49 seconds West 125.00 feet from said point; thence Northerly along said curve
73.63 feet to the point of tangency of said curve, the radius point of said curve being South 85
degrees 25 minutes 1 I seconds West 125.00 feet from said point; thence North 04 degrees 35 minutes
49 seconds West 155.00 reet to the point of curvature of a curve concave Southwesterly, the radius
point of said curve being South 85 degrees 24 minutes 11 seconds West 20.00 feet from said point;
thence Northerly and Westerly along said curve 31.42 feet to the point oftangency of said curve, the
radius point of said curve being South 04 degrees 35 minutes 49 seconds East 20.00 feet from said
point; thence North 03 degrees 08 minutes 22 seconds West 50.02 feet to the point of curvature of
a curve concave Northwesterly, the radius point of said curve being North 04 degrees 35 minutes 49
seconds West 20.00 from said point; thence Easterly and Northerly along said curve 29.38 feet to the
point oftangency of said curve the radius point of said curve being North 88 degrees 45 minutes 20
seconds West 20.00 feet from said point, said point also being the point of curvature of a curve
concave Easterly, the radius point of said curve being South 88 degrees 45 minutes 20 seconds East
225.00 feet from said point; thence Northerly along said curve 33.20 feet to the point of tangency of
said curve, the radius point being South 80 degrees 18 minutes 08 seconds East 225.00 feet from said
point; thence North 09 degrees 41 minutes 52 seconds East 94.66 feet; thence South 80 degrees 18
minutes 08 seconds East 50.00 feet; thence North 85 degrees 24 minutes 11 seconds East 169.11
feet; thence North 10 degrees 34 minutes 31 seconds East 420.76 feet to a point on the South line
ofthe Northeast Quarter of said Southwest Quarter; thence South 89 degrees 54 minutes 45 seconds
East along the aforesaid South line 1158.51 teet to the Southeast corner ofthe Northeast Quarter of
the Southwest Quarter; thence South 00 degrees 52 minutes 30 seconds West along the East line of
the said Southwest Quarter Section 1154.15 reet; thence North 89 degrees 49 minutes 31 seconds
West parallel with the aforesaid South line of the Southwest Quarter 25.00 feet; thence South 45
degrees 31 minutes 57 seconds West 35.57 reet; thence South 00 degrees 58 minutes 30 seconds
West 140.Ql reet to the place ofbegintJing containing 42.5435 acres, more or less, subject to all legal
highways, rights-of-way, easements and restrictions of record.
Exhibit
LAND DESCRIPTION
..\ part oflhe Southwest Quarter of Section 22, Township 18 North, Range .l Eas! ill IlamillOll
County. Ind ianJ. said part being more particularly described as follows
Beginning at a SlOne marked with an "x" marking the Southwest corner of said Quancr Section.
thence Nonh 01 degrees 00 minutes 48 seconds East (assumed bearing) along the West line of
said Quaner Section 211.50 feet to the Southwest comer of a 1.76 acre tract ofland per Deed
Record 137, Pages 428 a:.d 429 in the Office ofthe Recorder of Hamilton County. Indiana (lhe
next two calls are along the South and East boundaries of said I 76 acre tract); them:c SOllth g')
degrees 49 minutes 31 seconds East 220.00 feet; thence North 01 degrees 00 minutes 48 Sl'L'OIl,h
Eas! 665.62 feet; thence Nonh 89 degrees 47 minutes 39 seconds East 130.99 fcct, thcnce North
01 degrees 00 minutes 48 seconds East 433.94 feet; thence South 89 degrees 55 minutes 13
seconds West 351.00 feet to the West line of said Southwest Quarter Section; thence Nonh 0 I
degrees 00 minutes 48 seconds East along said West line 1320.00 fe!!t to the Northwest corner of
said Southwest Quaner Section; thence North 90 degrees 00 minutes 00 seconds East along the
Nonh line of said Quarter Section 1312.54 feet to the Northwest corner of the Northeast Quarter
of said Southwest Quarter Section; thence South 00 degrees 56 minutes 39 seconds West
13 I 7 16 reet to the Southwest corner thereof; thence South 89 degrees 54 minutes 45 seconds
East along the South line of said Quarter Quarter Section 1314.10 feet to the Southeast corner
thereof; thence South 00 degrees 52 minutes 30 seconds West along the East line of the aforesaitl
Southwest Quarter Section 1154.15 feet; thence North 89 degrees 49 minutes 31 secontls West
parallel with the South line of said quarter Section 25.00 feet; thence South 45 tlegrees 31
minutes 57 seconds West 35.57 feet; thence South 00 degrees 58 minutes 30 seconds West
14001 feet to a point on the South line of the said Quarter Section; thence North 89 degrees-49
minutes 31 seconds West along the said South line a distance of258 1.07 feet to the place of
beginning, containing 112.147 acres, more or less, subject to aU legal highways, rights-of-way.
easements and restrictions of record.
LESS THE FOLLOWING DESCRIBED REAL ESTATE:
A part of the Southwest Quarter of Section 22, Township 18 Nonh, Range 3 Easl in Hamilton
County, Indiana, said pan being more particularly described as follows
Commencing at a stone marked with an "X" marking the Southeast corner of said Quarter Section.
thence North 89 degrees 49 minutes 31 seconds West along the South line of said Southwest Quarter
Section 50.25 feet to the POINT OF BEGINNING; thence continuing North 89 degrees -49 minutes
31 seconds West along the aforesaid South line 1732.75 feet; thence North 00 degrees 10 minutcs
29 seconds East 40.00 feet; thence South 89 degrees 49 minutes 31 seconds East parallel with the
aforesaid South line 164.75 feet; thence Nonh 45 degrees 10 minues 29 seconds East 42.43 Icct;
thence Nonh 00 degrees 10 minutes 29 seconds East 47.83 feet to the point of curvature of a <.:urve
concave Easterly, the radius point of said curve being South 89 degrees 49 minutes 31 seconds East
36000 feet from said point; thence NonherJy along said curve I 82.0a·feet to the point JJftangencr
of said curve. the radius point of said curve being South 60 degrees SO minutes 49 seconds East
36000 feet from said point; thence North 29 degrees 09 minutes 11 seconds East 189 58 fect to thc
point ofcurvature of a curve concave Nonhwesterly, the radius point of said curve being Nonh 60
degrees 50 minutes 49 seconds West 125.00 feet from said point; thence Northerly along said CUl'e
73 63 feet to the point of tangency of said curve, the radius point of said curve being South 85
degrees 25 minutes II seconds West 125.00 feet from said point; thence Nonh 04 degreeS 35 minull:s
49 seconds West 155.00 feet to the point of curvature of a curve concave Southwesterly, the radius
pc)in! ofsaid curve being South 85 de!!reGs 24 minlltes II ",,,onl1. W"d ')n nn r..a ......" -~;., ._-,_ •
.-_..... _-
thence NOl1herly and Westerly along s;id curve 31.42 feet 10 the point oflallgellcy "I'"",\ ,'til \ t' 11."
!atlius point of said curve being Soulh 04 degrees 35 minutes 49 seconds Easl 2() Ull fcd IIOlll ',II,:
point, Ihence Nonh 03 degrees 08 minules 22 seconds \Vest 50 02 f..,,,t 10 the pOliH "I' UII \ alUl C ,d
a curve concave Nonhwesterly, Ihe radius point of said curve being Nonh 04 negr"", 35 mlnut,·s 1"
seconds West 2000 from said point; thence Easterly and Northerly along said curve 2') }}; led 10 II,,·
point oflang"l1cy of said curve the radius point of said curve being Nonh 88 d"grccs 4:i mill""" 2 '
,cconds \\'cst 20 00 feel from said point, said point also being Ihe point of Cit" .Ulln' "I' " ,111\,'
CO!lca\'c Easterly, the radius point of said curve being Soulh 88 degrees 45 mintHe, 20 sn.."l,b I';'"
22500 f"..,1 from said point; Ihence Nonherly along said curve 33,20 leel to Ihe point oftal!!!"","), , .•
s:lid curve, Ihe radius poinl being South 80 degrees 18 minutes 08 seconds East 225 00 tl:<:1 1[()[1I >,,,,1
poim; thence Nonh 09 degrees 41 minute:> 52 seconds East 94.66 feet; thence SOllth 8U ,kgl,'<" I"
minutes 08 seconds East 50.00 feet; thence Nonh 85 degrees 24 minutes II Sl'coll<iS F;"t I,d II
feet; thence North I 0 degrees 34 minutes 31 seconds East 420,76 feet to a point Oil tll<' SOllll, Jin,'
oflhe Northeast Quaner of said Southwest Quaner; thence South 89 degrees 54 milllllt!s 45 5"':,II1<h
East along the aforesaid South line 1158.51 feet to the Southeast corner of the Northeast QlIallLI of
Ihe Soulhwesl Quaner; thence South 00 degrees 52 minutes 30 seconds West along the La,llill,' "i'
the said Southwest Quarter Section J 154.15 feet; thence Nonh .89 degrees 49 minul.:s' 1 s"Ltllld,
Wesl parallel \Viih Ihe aforesaid South line orthe Southwest Quarter 25.00 fl'd; tilence ~oUlhl'
degrees 31 minules 57 seconds West 35.57 feel; thence Soulh 00 degrees 58 millules ,() ,,','Pllli ,
\\'e51 140 () I f"el to the place ofbegitUling containing 42.5435 acres, more or less, suhi,'ct 10 all I\'~:"I
highways, lighls-llf-\\ay, easements and restrictions of record,
9&0%10742
Filed fo~ Reco~ in
. AGREEMENT ~:~Ll0&.~NTYI INDIANA
~~3-t5-1996 At 12:38 p ••
The undersigned, Cheswick Corporation (Cheswick), CheMw1r;k Pla:~e0vvttrrs
Association, Inc. ("Association"), and the Clay Township Regional Waste District ("District")
hereby enter into the following agreement:
WITNESS ETH:
A. Cheswick has developed a subdivision located Yo mile east of the corner of 1361h
Street and Ditch Road, in Carmel, Indiana ("Cheswick Place") consisting of four sections. The
plat of Section I has been recorded in the Office of the Recorder of Hamilton County, Indiana as
Instrument No. 9439693. Sections 2, 3, and 4, will contain the same restrictions when recorded.
B. Cheswick Place is also subject to a certain Declaration of Covenants and
Restrictions establishing the Association, which Declaration was recorded in the Office of the
Recorder of Hamilton County as Instrument No. 35-1945020.
C. In connection with the development of Cheswick Place, Cheswick constructed a
decorative brick wall and sign ("Wall") approximately 75 feet in length and six feet in height
located at the entrance to Cheswick Place from 136th Street.
D. The Wall was constructed within four feet of an sanitary sewer which had
previously been built and dedicated to the District by Cheswick.
E. The District does not normally permit any improvements to be constructed this
close to a sanitary sewer line because of the need for potential maintenance of the sanitary sewer
and resulting damage to the improvements, however, in this instance the District has agreed to
permit the Wall to remain whEre it is currently located subject to the terms and provisions of this
Agreement.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein,
the parties agree as follows:
1. Subject to this Agreement, the Wall shall be allowed to remain at its curren!
location.
2. Cheswick, contemporaneously with the execution of this Agreement, will make a
non-refundable deposit of One Thousand Six: Hundred Thirty-Six ($1,636.00) to the District. By
execution of this Agreement, the District acknowledges receipt of such deposit. Such amount
represents the cost to remove the Wall in the event it would become necessary to do so in order
to do appropriate excavation to provide maintenance for the sanitary sewer.
3. In the event that it is necessary to provide maintenance on the sanitary sewer and
it becomes necessary to excavate in or around the vicinity of the Wall, the District has the
CHESWICK PLACE HOMEOWNERS ASSOCIATION,
INC, <2
By: -<,fB,
::MnC> GtJD rA.-e-
(Print Name and Title)
"Association"
COVII2450
STATE OF INDI~A
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public in and for said County and
State, personally appeared James A. Caito, President of CheswicK Corporation,
and Raymond H. Roehling, Vice President of CheswicK Corporation, and Robert
M. BoOK, President Clay Township Regional Waste District and they being duly
sworn by me upon their oath, says that the facts alledged in the foregoing .
instrument are true.
Witness my hand and Notarial Seal this,~2~7"--~day of February 1996./.-/ .-u ..
My Commission Expires: ~G:;;..:. ..-. f\ <:£h .:::.. ;7
Notary Public /
3-16-2000 Karen E. Roehling
Residing in Hamilton County Printed Name
This document prepared by: Raymond H. Roehling
Exhibit"...tL"
Cheswick Place
Section I
A part of the Southwest Quaner of Section 22, Township I g Nonh, Ran~(; 3 EiI,t in 11.:;1>1I:""
County, Indiana, said pan being more pankularly described as follow"
Commencing at a slOne marked with an "X" marking the Southeast corner of said QLlan~r S,'(IIIII1.
thence Nonh 89 de!,'Tccs 49 minutes 31 seconds West along the South line of said Southwest (JlI,lrkr
Section 50.25 feet \0 the POINT OF BEGINNING; thence continuing Non!! 89 degree, 49 l1Ii"uin
31 seconds West along the aforesaid South line 1732.75 feet; thence NOl1h 00 degrees IU I1l1l1ul ...,
29 seconds East 40,00 feet; thence South 89 degrees 49 minutes 31 seconds East parallel ,,!til ,11,
aforesaid South line 164.75 feet; thence Nonh 45 degrees 10 minutes 29 seconds East 424, fc'c"
thence NOl1h 00 del,'Tees 10 minutes 29 seconds East 47.83 feet 10 the point of curvature or it (til \·c
concave Easterly, the radius point of said curve being South 89 degrees 49 minutes :11 s~r()ll,b F,,,,
36000 feet from said point; thence Northerly along said curve 182:08 fCel to th~ jl(lml oftH":C"l<\
of said curve, the radius point of said curve being South 60 degrees 50 minutes 4() s~('[)J1tb [:.,,,
36000 feet from said point; thence Nonh 29 degrees 09 minutes I J seconds Easl IS9 5)} l~~t In II",
point of curvature ofa curve concave Northwesterly, the radius poillt or said curve being NOlin ()'}
degrees 50 minutes 49 seconds West 125.00 feet from said point; them;" Nonherly 1I10llg Silill ell" ~
73.63 feet to the point of tangency of said curve, the radius point of said curve being SOlilh s'i
degrees 25 minutes I J seconds West 125,00 feet from said point; thence Nonh 04 de~rees 35 Illl""IC,
49 seconds West 155.00 feet to the point of curvature of a curve concave Soutllwcstcrly, the I ad""
point of said curve being South 85 degrees 24 minutes I I seconds West 20.00 feet from saiJ Ih)"".
thence Northerly and Westerly along said curve 31.42 feet to the poim of tangency of said ClIrve, Ii!,
radius point of said curve being South 04 degrees 35 minutes 49 seconds East 20.00 fcet from "I!d
point; thence Nonl! 03 degrees 08 minutes 22 seconds West 50.02 feet to the poim of curVa"I!" o(
a CUlVe concave Northwesterly, the radius point of said curve being North 04 degrees 35 mimu,s ·4')
seconds West 20.00 from said point; thence Easterly and Northerly along said curve 29 38 le~t 10 lit"
point of tangency of said curve the radius point of said curve being North 88 degree;; 4:; millul" 10
seconds West 20.00 feet from said point, said point also being the poinl of curvallirc of a eun ,.
concave Easlerly, the radius pOil!! of said curve being South 88 degrees 45 llIinutes 20 second" 1.::"'1
225.00 feet ITom said poim; thence Northerly along said curve 33.20 feet to the point oflange'l1(v ,,(
said curve, the radius point being South 80 degrees 18 minutes 08 seconds East 22500 feet li'olll s;u"
poim, thence North 09 degrees 41 minutes 52 seconds East 94.66 feet; tllence South 80 degree" IS
minutes 08 seconds East 50,00 feet; thence North 85 degrees 24 minutes I I seconds East i(,') I I
feet; thence Nonh 10 degrees 34 minutes 31 seconds East 420,76 feet to a point ollthc SOllth lille
of the Nonheast Quarter of said Southwest Quarter, thence South 89 degrees 54 minutes 45 Sl'COJi,j,
East along the aforesaid South line 1158.51 feet to the Southeast corner of the Northeast Quanel ,,:'
the Southwe>1 Quarter; thence South 00 degrees 52 minutes 30 seconds West along tlte EaSI 11I1e 01'
the said Southwest Quarter Section 1154,15 feet; tllence North 89 degrees 491llinutes 31 secollJ,
West parallel with lhe aforesaid South line of the Southwest Quarter 25,00 feet; thence South 4'
degrees 31 minutes 57 seconds West 35,57 feet; thence South 00 degrees 58 milllll<!s }O Sl'cOllLh
West 140.0 I feet to the place of beginning containing 42.5435 acres, more or less. suvject to all lega:
hIghways, nghts-of-way, easements and restrictions of record,
Exhibit "--B-"
LAND DESCRIPTION
A pan of the Southwest Quaner of Section 22, Township 18 North, Range 3 cast in llillllliwil
County. Indiana; said part being more particularly described as follows
Begmning at a stone marked with an "x" marking the Southwest corner of said (}uaner Scc!l(}ll,
thence Nonh 01 degrees 00 minutes 48 seconds East (assumed bearing) along the West IIdc d;'
;mid Quarter Seclion 211,50 feet to the Southwest corner of II 1,76 acre Iract or land pCI' /J",d
Record 137, Pages 428 and 429 in the Oflice of the Recorder ofllamilton County. Indiall" (lllc
Ilexttwo calls are along the South and East boundaries of said 1.76 acre tract); tilence SOlilil ~'}
degrees 49 minutes 31 seconds East 220,00 feet; thellce North 0 I degrees 00 minutes 4H "'l'on.!,
East 665,62 feet; thence North 89 degrees 47 minutes 39 seconds East 130,99 fect. thellee !':Ul til
oI degrees 00 minutes 48 seconds East 433.94 feet; thence South 89 degrees 55 minutes J 3
seconds Wesl 351.00 feet to the West line of said Southwest Quaner Section. Ihence North 01
Jegrees 00 minutes 48 seconds East along said West line 1320.00 feCI 10 tile Nunhwesl (I" I.C·' ,,:
said Southwest Quaner Section; thence Nonh 90 degrees 00 minutes 00 seconds L'sl illu,,~ li;c
l\onh line of said Quaner Section 1312,54 feet to the Northwest corner of tile Northeasl ()""n<':l
of said Southwest Quaner Section; thence South 00 degrees 56 minutes 39 seconds Wesl
1317,16 feet to the Southwest corner thereof; thence South 89 degrees 54 minutes 45 secolI",
East along the South line of said Quarter Quarter Section 1314.10 feet to the Southeasl corn~r
thereof; thence South 00 degrees 52 minutes 30 seconds West along the East line or the alur"s",,1
Southwest Quaner Section 1 J 54.15 feet; thence North 89 degrees 49 minules 3 I second, W(,I
parallel with the South line of said quaner Section 25.00 feet; thence South 45 degrees .11
minutes 57 seconds West 35.57 fee!; thence South 00 degrees 58 minutes 30 seconds We,!
1400 J feet to a poim on the South line of tIle said Quaner Section; thence North 89 degrev; ,1')
minutes 31 seconds West along the said South line a distance of2581.07 fcet 10 the place (If
beginning, comaining 112,147 acres, more or less, subject to all legal highways. rights-ol~\';'J'
easements and restrictions of record,
LESS THE FOLLOWING DESCRIBED REAL ESTATE:
A pan of tile Southwest Quaner of Section 22, Township 18 NOrth. Range J Easl in II . .,,,,!,,,,,
Cuunty, Indiana, said part \:leing more panicuJarly described as follows
Commencing at a SlOne marked with all "X" marking the Southeast corner of said Quaner S,'(II"n,
Ihence North 89 degrees 49 minutes 31 seconds West along the South line of said Southwest Qn:'flcr
Section 50.25 fee! to the POINT OF BEGINN[NG; thence continuing North 89 degrecs 49 milllll",
31 seconds West along the aforesaid South line 1732,75 feet; thence Nonh 00 degrees 10 Ill\lllliCS
29 seconds East 40 00 fect; thence South 89 degrees 49minutC$ 31 seconds East parallvl \\Hi, ,IlL'
aforesaid South line 164.75 feet; thence North 45 degrees 10 min'"tes 29 seconds East -I::.J3 I~"L
thence North 00 degrees 10 minutes 29 seconds East 47.83 feet to the poil!! ofeurvalure ora ,,,'" c
concave Easterly, Ihe radius point ofsaid curve being Soulh 89 degret" 49 minutes 31 ,"(011,1, 1:,"1
36000 {cel trom said poim; thence Nonherly along said curve 182,0& fect to the point or !"11';""(\
or said curve, the radius point of said curve being South 60 degrees 50 minutes 49 seconds 1:."1
36000 feet from said point; thence North 29 degrees 09 minutes II seconds East 189 58 Icc! IOlhe
point ofcurvature ofa curve concave Northwesterly. the radius poim of said curve being North (,()
degrees 50 minutes 49 seconds West 125,00 feet from said point; !hcncc Northerly alon!;! said CUI \,'
7363 feet 10 the point of tangency of said curve. the radius point of said curve beill": !i,,"~il ~,
degrees 25 lllillutes 11 seconds West 125.00 fect from s<lid point; thcnce North 04 tkglees]5 IIIII"'!",
49 seconds West J 55 00 feet to the point of curvalure of a curve concave SouI1HW.qclly. I h" l.',~. ,..'
1)\)lfH of said \..~urv(' belntl \':mlfh Rt::; .4n., ... ,~ ..... " "'lA ... :---••