HomeMy WebLinkAboutFirst Supplement to Covenants, Conditions, & Restrictions 09-29-88 FIRST SUPPLEMENT TO - -- ` -
DECLARATION OF COVENANTS, c:+b
CONDITIONS AND RESTRICTIONS o
OF WALDEN POND m {
-r
This First Supplement is made this 297' day of mete r ,
1988 , by Estridge Development Corp. , an Indiana CorporatIonakthe
"Developer" ) .
Recitals
1 . Developer is the owner of certain real estate more
particularly described in Exhibit A attached hereto and by
reference made a part thereof (the "Additional Real Estate" ) .
2 . Developer executed that certain Declaration of
Covenants, Conditions and Restrictions of Walden Pond on January
15 , 1988 , and recorded the same on March 25, 1988 as Instrument
No. 88-05115 in the Office of the Recorder of Hamilton County,
Indiana (the "Declaration" ) .
3 . Developer reserved in said Declaration the right from
time to time, acting alone, to subject certain additional real
estate located within the tract described in Exhibit B to the
Declaration to the provisions of the Declaration by execution and
recordation in the Office of the Recorder of Hamilton County, of
a supplemental declaration so annexing all or any part of such
real estate to the "Real Estate" (as such terms is defined in the
Declaration) .
4 . The Additional Real Estate constitutes a part of the
tract described in Exhibit B to the Declaration.
NOW, THEREFORE, Declarant, in accordance with the rights
reserved in the Declaration, makes this First Supplement as
follows :
1 . Definitions. All terms used in this First Supplement
with initial capital letters (and not otherwise defined in this
First Supplement) shall have the same meanings herein as in the
Declaration, as the same may be amended or supplemented from time
to time as therein provided . Accordingly, the Additional Real
Estate shall hereafter for all purposes by included in the
definition of Real Estate in the Declaration, as the same may be
amended or supplemented form time to time as therein provided .
2 . First Supplement to Declaration. Developer hereby
expressly declares that the Additional Real Estate, together with
all improvements of every kind and nature whatsoever located
thereon, shall be annexed to the Real Estate and be subject to
the provisions of the Declaration, as the same may be amended or
supplemented from time to time as therein provided, and the Real
estate is hereby expanded to include the Additional Real Estate,
all as if the same had originally been included in the
Declaration. The Additional Real estate shall be hereafter held,
transferred, sold, conveyed, hypothecated, encumbered, leased,
rented, used, improved and occupied subject to all of the
provisions, agreements, covenants , conditions , restrictions,
easements, assessments, charges and liens of the Declaration, as
the same may be amended or supplemented form time to time as
therein provided .
3 . Effect of Covenants . All such provisions of the
Declaration, as the same may be amended or supplemented from time
to time as therein provided, shall be covenants running with the
land and shall be binding upon, and inure to the benefit of
Developer and any other person or entity having any right, title
or interest in the Real Estate, or any part thereof .
4 . Declaration Continuous. Except as expressly
supplemented by this First Supplement, the Declaration shall
continue in full force and effect.
IN WITNESS WHEREOF, this First Supplement to Declaration has
been executed by Developer as of the date first above written.
ESTRIDGE DEVELOPMENT CORP.
an Indiana Corporation
BY: gleAr g4,
Paul E. Estridge, President
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for the State of Indiana,
personally appeared Paul E. Estridge, the President of Estridge
Development Corp. , an Indiana corporation, who acknowledged the
execution of the foregoing First Supplement to Declaration of
Covenants, Conditions and Restrictions of Walden Pond for and on
behalf of said corporation. �i'�u�
WITNESS my hand and Notarial Seal this G -r (1 day of
September, 1988.
Notary Public
My Commission Expires : .C-)
/p-2.4_gg Printed Name
Residing in /-,6.4.11,.,Tc;fq County
Prepared by:
James J. Nelson
NELSON & FRANKENBERGER
3021 East 98th Street, #220
Indianapolis, IN 46280
A part of the Southwest Quarter of the Northwest Quarter of Section 7,
Township 17 North, Range 4 East in Hamilton County, Indiana, more
particularly described as follows:
Beginning at the southwest corner of said Quarter-Quarter Section;
thence North. 00-04'45' West along the west line of said Quarter-Quarter
Section 479.29 feet; thence North 89-55' 15' East 366.93 feet to the point of
curvature of a curve concave Southwesterly having a central angle of
82-33'49' and a radius of 15.00 feet; thence Easterly and Southerly along
said curve an arc distance of 21.62 feet (said arc being subtended by a
chord having a bearing of South 48-47'50' East and a length of 19.79 feet) ;
thence North 82-29'04' East 50.00 feet to a point on a curve concave
Easterly having a central angle of 07-26'11' and a radius of 165.00 feet;
thence Northerly along said curve an arc distance of 21.42 feet (said arc
being subtended by a chord having a bearing of North 03-47'50" West and a
length of 21.40 feet) to the point of tangency of said curve; thence North
00-04'45' West 94.20 feet to the point of curvature of a curve concave
Southwesterly having a central angle of 39-43'03' and a radius of 205.00
feet; thence Northerly along said curve an arc distance of 142.11 feet (said
arc being subtended by a chord having a bearing of North 19-56'17' West and
a length of 139.28 feet) to the point of reverse curvature of a curve
concave Easterly having a central angle of 94-17'22' and a radius of 15.00
feet; thence Northerly along said curve an arc distance of 24.68 feet ( said
arc being subtended by a chord having a bearing of North 07-20'53' East and
a length of 21.99 feet); thence North 35-30'26' West 50.00 feet to a point
on a curve concave Southeasterly having a central angle of 01'52'01' and a
radius of 400.00 feet; thence Southwesterly along said curve an arc distance
of 13.03 feet (said arc be Lng subtended by a chord having a bearing of South
53-33'34' West and a length of 13.03 feet) to the point of reverse curvature
of a curve concave Northeasterly having a central angle of 81-19'16' and a
radius of 15.00 feet; thence Westerly along said curve an arc distance of 21.29
feet (said arc being subtended by a chord having a bearing of North 86'42'49'
Vest and a length of 19.55 feet to the point of tangency of said curve; thence
North 46-03'll' West 57.98 feet to the point of curvature of a curve concave
Northeasterly having a central angle of 19-45'57' and a radius of 185.00 feet;
thence Northwesterly along said curve an arc distance of 63.82 feet (said arc
being subtended by a chord having a bearing of North 36-10'13' West and a
length of 63.50 feet); thence North 69-42'42' East 96.40 feet; thence North
30-04'54" East 89.88 feet; thence South 89-08'34' East 323.73 feet; thence
South 89-12'11" East 40.59 feet; thence North 80'33'34" East 19.72 feet; thence
North 80'24'32' East 122.02 feet; thence South 88-14'42" East 37.53 feet;
thence South 45'36'51' East 179.83 feet; thence South 13-29'47' West 176.98
feet; thence South 02-49'55' West 59.52 feet; thence South 01-30'09" West
175.47 feet; thence South 70'15'56" East 48.04 feet; thence South 75'39'38"
East 120.51 feet; thence North 83'25'01' East 50.00 feet to a point on a curve
concave Westerly having a central angle of 03-25'08" and a radius of 210.00
feet; thence Southerly along said curve an arc distance of 12.53 feet (said arc
be Lng subtended by a chord having a bearing of South 04-52'26" East and a
length of 12.53 feet); thence South 89-58'54" East 134.65 feet to the east line
of said Quarter-Quarter Section; thence South 00'01'06" vest along said east
line 422.41 feet to the southeast corner of said Quarter-Quarter Section;
thence North 89-27'47' West along the south line of said Quarter-Quarter
Section 1350.23 feet to the point of beginning, containing 21.97 acres, Were of
less; subject to all highways, rights-of-way and easements.
_•���?.. -
s
Lot Line Lot Line
4
,
Lot B /' Lot C
Lot A /.
Dominant Serviant
Tenement as to / Tenement as to
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an easement � easement in
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over Lot B favor of Lot A
and Dominant i'
7 Tenement as to
easement over
Lot C
(Easement in favor of Lot A) ( Easement in favor of Lot B)
Distance between Lot Line to a Distance between Lot Linea to point on a line 6
point on a line 6 inches from
and parallel to the outside wall inches from and parallel to
of the home to be constructed on tthe outside
cwall
roftth the
on
Lot B. Lot C .
EXHIBIT B