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SUPPLEMENTAL DECLARATION OF
COVENANTS AND RESTRICTIONS OF
HAVERSTICK PROPERTY OWNERSHIP
THIS SUPPLEMENTAL DECLARATION made this 1(P~day of
by Centex Homes, a Nevada general' partnership as successor in interest t
Homes Company, an Indiana general partnership ("Declarant"),
200100045182 d l'n
F 11 e d f 0 \.... R e cor' - . -
..HAMILTON CO~NTY, INDIANA
tv1ARY L Cl_ARP\ .....
07-23-2001 01:4~_p~~
bEe CQV RES 11.uu
A. Declarant is the sole owner of the fee simple title to the f6Hbwing. .
described real estate located in Hamilton County, Indiana, to-wit:
WIINESSEI
WHEREAS, the following facts are true:
See legal description attached hereto made a part hereof and marked Exhibit A.
(Hereinafter referred to as Settler's Ridge, Section Two A)
B. On June 23, 1995, Declarant executed a Declaration of Covenants and
Restrictions of Haverstick Property Ownership which was recorded in the Office of the
. oRecorde~of .Hamilton CQunty, Indiana on June .23'.o1995,asolnstrument No. 9540.437 as .
am.ended .by .Supplemental Declarations, recorded on December30,1996, .January .15,
1997, May 9, 1997, October 7,1997, July 2,1998, September 28,1998, October 14,
1998 July 6, 1999, October 5, 1999, October 14, 1999, August 16, 2000, November 1,
2000, and ~U/1e S- , 2001, as Instrument Nos. 9609654253, 9709701433,
9709718060,9709742620,9809835941, 9809858098,98581000,9858098,9940002,
9958105, 9960198,200000040348,200000054645,200000054648, and
r:Joo I OtJ03zBo '- respectively, a First Amendment recorded on May 9, 1997 as
Instrument No. 9709718061, a Second Amendment recorded on August 1, 2000, as
Instrument No. 200000037449, and a Third Amendment recorded August 1, 2000, as
Instrument No. 200000037450 (all of which were recorded in the Office of the Recorder
of Hamilton County, Indiana (the IfDeclaratioll"). The Declaration is incorporated herein
by reference and. all of the terr:ns and definitions as describ.ed therE,?in are hereby
. 'adopted .and shall have the. same .meaning in this .SupplementaOI Decl~ration.
. ..' ,.. ., ..... .... .' . .', . . . .' . . ..;"... . .... e.
c. Settler's Ridge Section Two A is part of the Real Estate described in
paragraph A of the recitals of the Declaration. Paragraph 24 of the Declaration
provides that all or part of the Real Estate may be annexed to Haverstick Property
Ownership, incorporated into the Declaration and the Owners thereof become members
of Haverstick Property Ownership in accordance with the conditions in paragraph 24 of
the Declaration and the filing of the Supplemental Declaration by Declarant. All
conditions relating to the annexation of Settler's Ridge Section Two A to the Tract of
Haverstick Property Ownership have been met, and Declarant, by execution of this
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Supplemental Declaration, hereby incorporates Settler's Ridge Section Two A into
Haverstick Property Ownership.
NOW, THEREFORE, Declarant makes this Supplemental Declaration as
follows:
1. Declaration. Declarant hereby expressly declares that Settler's Ridge
Section Two A and all appurtenant easements, Common Area, Limited Common Area,
Lots, improvements and property of every kind and nature whatsoever, real, personal
and mixed, located thereon is hereby annexed to and becomes a part of Haverstick
Property Ownership as if such originally had been included in the Declaration, and shall
hereafter be held, transferred, sold conveyed and occupied subject to the covenants,
restrictions and provisions of the Declaration, and the rules and regulations as adopted
by the Board of Directors, as each may be amended from time to time. Settler's Ridge
Section Two A hereafter and for all purposes shall be included in the definition of
"Tract" as defined in paragraph 1 (t) of the Declaration.
2. Description of Lots. There shall be nineteen (19) Lots, Numbered 28
through 40 and 54 through 59 in Settler's Ridge Section Two A as shown on the
Supplemental Plat for Settler's Ridge Section Two A. Haverstick Property Ownership or
the Tract ~ow has FourHundred Eighty~Three (483) Lots:
. ....
3. Square FootaQe. All Dw~lIing Units located on Lots in Settler's Ridge ...
Section Two A shall have a minimum of 1,300 square feet of finished living area
(exclusive of garages, carports, basements and porches).
4. Acceptance and Ratification. The acceptance of a deed of conveyance or
the act of occupancy of a Lot and/or Dwelling Unit shall constitute an agreement that
the provisions of this Supplemental Declaration, the Declaration and any rules and
regulations adopted pursuant thereto, as each may be amended from time to time, are
accepted and ratified by each Owner, tenant and occupant, and all such provisions
shall be covenants running with the land and shall bind any person having at any time
any interest orestate in a Lot and/or Dwelling Unit or the property as if those provisions
. ...were reCited and stipulated .at length ineathand every deed, conveyance, mortgage or
. . lease thereof. . . . ....... . ... ..... . . .
5. Supplemental Plat. The Supplemental Plat for Settler's Ridge Section
Two A prepared by Stoeppelwerth & Associatep, Inc., certified by Dennis D. Olmstead,
a registered land surveyor under the date of /.Jffl..t L q ,2001, setting forth the layout,
location, identification and dimension of the Lots identified in this Supplemental
Declaration is incorporated into the Declaration, added to the plans filed with the
Declaration, and has been filed in the Office of the Recorder of Hamilton County,
Indiana, as ofiAoo1 OeD <t;;slgr as Instrument No. cJOO( 000 <{5'"f8( ·
~/y Z3.1 "2-D61