HomeMy WebLinkAbout3rd Amendment_Declaration of Restrictions, Covenants, and Bylaws 11-08-19Cross -Reference: Instrument No. 2005-00029149 (Declaration)
Instrument No. 2010020214 (First Amendment to Declaration)
Instrument No. (Second Amendment to Declaration)
THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM, EASEMENTS,
RE5TRICTIONS, COFrENANTS AND BYLAWS FOR
THE WENTWORTH AT WESTCLAY CONDOMINIUMS
This Third Amendment to Declaration of Condominium, Easements, Restrictions,
Covenants and Bylaws for The Wentworth at WestClay Condominiums (the "Amendment") is
entered into as of November �µ'' 2019, by The Wentworth at .WestClay Condominiums
Homeowners Association, Inc., as successor in interest to West Clay LLC ("Declarant").
RECITALS:
WHEREAS, WestClay Associates, LLC, as predecessor in interest to West Clay LLC,
executed a Declaration of Condominium, Easements, Restrictions, Covenants and Bylaws for The
Wentworth at WestClay Condominiums on May 4, 2005, which was recorded with the Hamilton
County, Indiana Recorder on May 12, 2005, as Instrument No. 2005-00029149, as amended by
that certain First Amendment of Condominium, Easements, Restrictions, Covenants and Bylaws
for The Wentworth at WestClay Condominiums on May 1, 201Q which was recorded with the
Hamilton County, Indiana Recorder on May 7, 2010, as Instrument No. 2010020214, as further
amended by that certain Second Amendment to Declaration of Condominiums, Easements,
Restrictions, Covenants and Bylaws for The Wentworth at WestClay Condominiums on
November 2019, which was recorded with the Hamilton County, Indiana Recorder on
November _, 2019 as Instrument No. (as amended, collectively the "Declaration");
and
WHEREAS, Declarant desires to amend the Declaration to make certain amendments to
the Declaration regarding the number of Units, the square footage of the Units and changing certain
Percentage Interests and Unit Numbers so as to accurately represent the Property as built or to be
constructed, and to amend the Declaration in certain other respects;
NOW, THEREFORE, Declarant does hereby amend the Declaration, as follows:
1. Architectural Floor Plans. All references to "Architectural Ploor Plans" under the
Declaration shall include the revised drawings recorded on _ _, 2019 as Document
No. in the Office of the Recorder of Hamilton County, Indiana labeled as "Revised
Architectural Floor Plans", prepared by Alliance Architects, dated November 3, 2019, and
attached hereto as Exhibit "D".
24927473.7
�7�
2. Site Plan. All references to "Site Plans" under the Declaration shall refer to the
drawing attached hereto as Exhibit "E".
3. Units. The first, second, seventh, eighth, fifteenth, and sixteenth sentences of
Section 5.1 of the Declaration respectively shall be deleted in their entirety and replaced with the
following:
First and Second Sentences:
"As shown on the Plans, there are a total of 20 Buildings at the Real Estate. Sixteen
of the Buildings are three -stories including Building 1 containing 10 Units,
Building 2 containing 10 Units, Building 3 containing 10 Units, Building 4
containing 12 Units, Building 6 containing 9 Units, Building 7 containing 8 Units,
Building 9 containing 12 Units, Building 10 containing 11 Units, Building 11
containing 10 Units, Building 12 containing 10 Units, Building 13 containing 10
Units, Building 14 containing 12 Units, Building 16 containing 9 Units, Building
17 containing 9 Units, Building 19 containing 12 Units and Building 20 containing
11 Units."
Seventh Sentence:
"In Building 6, Units lA and 1B are on the first floor, Units 2A, 2B, 2C, and 2D
are on the second floor and Units 3A, 3B, and 3C are on the third floor."
Eighth Sentence:
"In Building 7,
Unit
IB
is on the
first floor, Units 2B, 2C, and 2D are on the second
floor and Units
3A,
3B,
and 3D
are on the third floor."
Fifteenth Sentence:
"In
Building 16, Units
lA and 1B are
on the first
floor, Units 2A, 2B, 2C, and 2D
are
on the second floor
and Units 3A,
3B, and 3D
are on the third floor."
Sixteenth Sentence:
"In
Building 17, Units
1A and 1B are
on the first
floor, Units 2A, 2B, 2C, and 2D
are
on the second floor
and Units 3A,
3B, and 3C
are on the third
floor."
4. Townhouse Units. Section 5.2 of the Declaration shall be deleted in its entirety and
replaced with the following:
24927473.7
"Units. As shown on the Plans, certain Townhouse Units are located in
Buildings 7 and 11. In Building 7, Unit 2A is a Townhouse with floor space on the
first (designated as Unit 2A Lower on the Plans) and second floors. In Building 11,
Unit 2B is a Townhouse with floor space on the first (designated as Unit 2B Lower
on the Plans) and second floors. No other buildings on the Real Estate contain any
Townhouse Units and there are no other buildings on the Real Estate. None of the
Buildings contain a basement. Further details, terms and use conditions for all the
Buildings and appurtenances, including, but not limited to the storage areas,
recreational areas, parking areas and other Limited Common Areas and Common
Areas are set forth in and further delineated on the Plans, and by the Bylaws and
Rules."
5. Percentaae Interest. Table B: Unit Percentage Interest in Section 15 of the
Declaration shall be deleted in its entirety and replaced with Table B: Unit Percentage Interest
attached hereto as Exhibit "F". Furthermore, nothing in this Amendment shall be deemed to alter
the Percentage Interest of any Owner, other than those owners of Units 2B and 2D in Building 6,
Unit 2C in Building 7, Units 2A and 2C in Building 16 and Units 2B and 2D in Building 17. The
additional Units added to Buildings 6, 7, 16 and 17 shall not alter or otherwise increase or decrease
the existing square footage of the Buildings.
6. No Other Modifications. Except as expressly amended and modified hereby, all of
the covenants and conditions of the Declaration, as amended by this Amendment, are ratified and
confirmed by Declarant.
7.
Defined
Terms. Except
as otherwise noted
herein, all references to capitalized
terms shall
correspond
to the capitalized
terms defined in the
Declaration.
[Remainder of page left intentionally blank; signature page to follow]
24927473.7
IN WITNESS WHEREOF, the undersigned Declarant has caused this Amendment to be
executed as of the day and year first above written.
The Wentworth at W.�.eystClay Condominiums
Homeowners Assoe4ttioii� C.
David PoAader, Secretary
STATE OF INDIANA )
SS:
COUNTY OF bfqf�,Rt oNJ )
Before me, a Notary Public in and for said County and State, personally appeared Mark
Tomyn and David Ponader as President and Secretary, respectively, of The Wentworth at
WestClay Condominiums Homeowners Association, Inc., who acknowledged the execution of the
foregoing for and on behalf of Declarant.
Witness my hand and Notarial Seal this y_r ww day of November, 2019.
(signature)
(printed name)
y� �y NOTARY PUBLIC
My County Of ReSlderice: " `�`�t� 1'Gi�> MARION BOUNTY, STATE OF INDIANA
My Commission Expires: `� `>�-( MY Commission Expires: November 8, 2024
This instrument prepared by Chelsea R. Spicicelmier, Taft Stettinius & Hollister LLP, One Indiana
Square, Suite 3500, Indianapolis, Indiana 46204-4208.
I affirm,
under the penalties for perjury, that I have taken
reasonable
care to redact each Social
Security
numbers in this document, unless required by law.
Chelsea R.
Spickelmier
24927473.7
CONSENT OF MORTGAGEE
The undersigned, being the holder of a Constmcflon Mortgage, Security Agreement,
Assignment of Rents and Leases and Fixture Piling dated November 7, 2017 and recorded on
November 13, 2017 as Instrument No. 2017056186 in the Office of the Recorder of Hamilton
County, Indiana, and the holder of an Assignment of Leases and Rents dated November 7, 2017
and recorded on November 13, 2017 as Instrument No. 2017056187, as the same may have been
modified and amended, hereby consents to the foregoing Third Amendment to Declaration of
Condominium, Easements, Restrictions, Covenants and Bylaws for The Wentworth at WestClay
Condominiums, and hereby subordinates said Mortgage and Assignment to said Third Amendment
to Declaration of Condominium, Easements, Restrictions, Covenants and Bylaws for The
Wentworth at WestClay Condominiums,
Dated: November 1`�, 2019.
STATE OF INDIANA )
ss.
COUNTY OF hd l kd'l )
BUSEY BAND
Pn d: a� 6J• t
Title: �'r• V c� � :�• $.z� :"
Before me, a Notary=Public in and for said County and State, personally appeared
UJ -L djpt , ;SV{? ___ of Busey Bank, who acknowledged the execution of the
above and foregoing instrument for and on behalf of said bank.
Dated this 0iday of November, 2019. �
My Commission Expires: �(tn�,$
County of Residence:
24927473.7
&A JLtC 'rill . Notary Public
: •�;1 p4-07.2o�F�G
—
t3.d Eq
%F Nomhe=��'•
EXHIBIT "D"
ARCHITECTURAL FLOOR PLANS
24927473.7
EXHIBIT "E"
SITE PLANS
AMENDED SITE PLAN
WENTWORTH AT WESTCLAY CONDU INiUMS
SECTION 28, TOWNSHIP 1S NORTH, RANGE 3 EAST
SECOND PRINCIPAL MERIDIAN
CITY OF CARMEL, COUNTY OF HAMILTON, STATE OF INDIANA
I
_ ,.. _---
�r� r
- -
—to U4 ME Rocaawl:
��.
54,
WAR ♦110 kWKGFGUFG GFAWWG
RE 0 RARER
�vn xc H uwMEiCIA mums
,swans. a suss n024
LEV
rAIIL r
z
144
NXI
we Ran
VIRIFICILAY NFx,XUFFf 01y4p0 s wxs Ro ---Sr—
Lm4ti.al1i18.. h ww)
tt \,
rrr
Z
EENNO all
NO ka
Milano it*
i
�✓
e
3A� n�Im
at vEN1 om ,.
F m.,.. 1 ,,. M s - ..
mmmI
+
p Is sICFG
ELTEI
i
EXHIBIT °°r
TABLE B: UNIT PERCENTAGE INTERF..ST
UNIT
NUMBER
BUILDING
NUMBER
FLOOR AREA
square feet
PERCENTAGE
INTEREST
iB
1
1211
.55
i C
1
1205
.55
2A
1
1211
.55
?B
1
1211
.55
2C
1
1205
.55
2D
1
1205
.55
3A
1
1211
.55
3B
1
1211
.55
3C
1
1205
.55
3D
1
1205
.55
IA
2
706
.32
1B
?
706
632
2A
2
713
.33
2B
2
713
.33
2C
2
693
.32
D
2
693
.32
3A
3
712
.33
3B
2
712
.33
3C
2
692
.32
3D
2
692
.32
lA
3
706
.32
1B
3
706
.32
2A
3
713
.33
213
3
713
.33
2C
3
693
.32
2D
3
693
.32
3A
3
712
.33
3 B
3
712
.33
3C
3
692
.32
3D
3
692
.32
IA
4
1494
.68
113
4
1500
.69
IC
4
1500
.69
1D
4
1494
.68
2A
4
1494 1968
2$
4
1500
.69
2C
1
1500 1969,
2D
1494 jc68
UNIT
NUMBER
BUILDING
NUMBER
FLOOR AREA
scuare feet
PERCENTAGE
INTEREST
3A
4
1494
.68
313
4
1500
.69
3C
4
1500
.69
3D
4
1494
.68
IA
5
1089
.50
113
5
706
.32
1D
5
1083
.50
2A
5
1089
50
28
5
706
.32
C
5
686
.31
2D
5
1083
.50
IA
6
706
.32
113
6
572
.26
2A
6
706
.32
2B
6
1126
.52
2C
6
1083
.50
2D
6
766
.35
3A
6
362
.17
3B
6
1089
.50
3C
6
1083
.50
111
7
706
.32
2A
7
1698
.78
213
7
706
.32
2C
7
766
.35
_D
7
1083
.50
3A
7
1089
.50
313
7
362
.17
D
7
1083
.50
IA
8
706
.32
113
8
1089
.50
1C
8
1110
.51
2A
8
706
.32
213
8
1089
.50
2C
8
lI l0
.51
2D
8
686
.31
lA
9
1211
.55
113
9
1211
.55
1C
9
1205
.55
ID
9
1205
.55
2A
9
1211
.55
213
19
1211
1,55
UNIT
NUMBER
BUILDING
NUMBER
FLOOR AREA
(square feet)
PERCENTAGE
INTEREST
C
9
1205
55
2D
9
1205
.55
3A
9
1211
.S5
3B
9
1211
.55
3C
9
1205
.55
3D
9
1205
.55
A
10
1211
55
113
10
1850
.85
1D
10
1205
.55
A
10
1211
.55
2B
10
1211
.55
2C
10
1205
.55
2D
10
1205
,55
3A
10
1211
.55
3B
10
1211
.55
3C
10
1205
.55
3D
10
1205
.55
lA
11
1211
.55
1D
11
1205
,55
2A
11
1211
.55
2B
11
2160
.99
2C
11
1205
.55
2D
11
1205
.55
3A
11
1211
.55
3B
11
1211
.55
3C
11
1205
.55
3D
11
1205
.55
IA
12
706
.32
1 B
12
706
.32
2A
12
713
.33
2B
12
713
.33
2C
12
693
.32
2D
12
693
.32
3A
12
712
.33
3B
12
712
.33
3C
12
692
.32
3D
12
692
.32
IA
13
706
.32
113
13
706
.32
'A
13
713
.33
2B
13 1713
,33
UNIT
NUMBER
BUILDING
NUMBER
FLOOR AREA
square feet)
PERCENTAGE
INTEREST
2C
13
693
32
2D
13
693
.32
3A
13
712
.33
313
13
712
.33
3C
13
692
.32
3D
13
692
32
IA
14
1500
.69
111
14
1494
.68
1 C
14
1494
.68
1D
14
1500
.69
2A
14
1500
.69
213
14
1494
.68
2C
14
1494
.68
2D
14
1500
.69
3A
14
1500
.69
3B
14
1494
.68
3C
14
1494
.68
3D
14
1500
.69
IA
15
706
.32
113
15
1089
.50
1C
15
1083
.50
2A
15
706
.32
?B
15
1089
,50
2C
15
1083
.50
2D
15
686
.31
lA
16
572
26
I
16
706
.32
2A
16
1126
.52
2B
16
706
.32
2C
16
766
.35
2D
16
1083
.50
3A
16
1089
.50
33
16
362
.17
3D
16
1083
.50
lA
17
706
.32
113
17
572
.26
2A
17
706
.32,
B
17
1126
.52
2C
17
1083
.50
2D
17
766
.35
3A
17
362
.17
UNIT
NUMBER
BUILDING
NUMBER
FLOOR AREA
(square feet)
PERCENTAGE
INTEREST
3B
17
1089
.50
3C
17
1083
.50
IA
18
1089
.50
1B
18
706
.32
1D
18
1110
.51
2A
18
1089
50
2B
18
706
.32
2C
18
686
.31
2D
18
1110
.51
IA
19
1211
.55
1B
19
1211
.55
1C
19
1205
.55
1D
19
1205
.55
2A
19
1211
.55
2B
19
1211
.55
2C
19
1205
.55
2D
19
1205
.55
3A
19
1211
.55
313
19
1211
.55
3C
19
1205
.55
3D
19
1205
.55
IA
20
1850
.85
IB
20
1211
.55
1C
20
1205
.55
2A
20
1211
.55
2B
20
1211
.55
2C
20
1205
.55
2D
20
1205
.55
3A
20
1211
.55
313
20
1211
.55
3C
20
1205
.55
3D
20
11205
.55
TOTAL 1
1201865
192,47