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HomeMy WebLinkAboutRestrictions Jacksons Grant 6th Amendment Sec 62020012168 DECL $25.00 03/06/2020 03:14:35P 5 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented 111111111111111111111111111111111111111111111111111111111HEIN1111_ Cross -Referenced: Instrument No. 2016003779 SIXTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR JACKSON'S GRANT TO PROVIDE FOR THE ADDITION OF JACKSON'S GRANT, SECTION 6 (NORTHVALE SECTION 1) The undersigned, Jackson's Grant Real Estate Company, LLC, an Indiana limited liability company (the "Developer") makes this Amendment ("Amendment") to be effective as of this 3RD day of FEBRUARY , 2020. RECITALS A. The undersigned Developer is the developer of a certain residential development in Carmel, Hamilton County, Indiana known as Jackson's Grant on Williams Creek, Section IA, as delineated on a plat thereof recorded as Instrument No. 2015064863 in Hamilton County, Indiana, which has been fiuther expanded to include additional Sections (all of said Sections added to the Subdivision collectively referred to as the "Subdivision"). B. Developer imposed certain restrictions, covenants and conditions upon the Subdivision pursuant to the terms and conditions of a certain Master Declaration of Covenants, Conditions and Restrictions for Jackson's Grant dated December 17, 2015 (the "Declaration"), which Declaration was re -recorded as Instrument No. 2016003779 in Hamilton County, Indiana. C. Developer, pursuant to Article 3.01 of the Declaration, retained the right to add additional real estate to the Subdivision from the Expansion Property as described in the Declaration. D. Developer is developing Jackson's Grant on Williams Creek, Section 6, a subdivision in Carmel, Hamilton County, Indiana consisting of twelve (12) lots numbered 305 through 316 (inclusive), three (3) Common Areas numbered C.A. #27, C.A. #28 and C.A. #29, and one (1) block labeled Block "N", known as the First Section of the Northvale Neighborhood referenced in Section 1.29 of the Declaration (the "Northvale Neighborhood"). E. The real estate upon which the Northvale Neighborhood is being developed is described in Exhibit A attached hereto. F. Developer desires to amend the Declaration to add the Northvale Neighborhood to the Subdivision and to subject the Northvale Neighborhood to the terms, conditions and restrictions contained in the original Declaration, as well as apply special provisions applicable only to the Northvale Neighborhood and the Neighborhood to be known as Exmoor referenced in Section 1.29 thereof (the "Exmoor Neighborhood"). G. All capitalized terms used herein shall have the meanings ascribed to them in the Declaration. DECLARATION NOW, THEREFORE, Developer hereby declares and covenants as follows: 1. The Developer hereby subjects the Northvale Neighborhood to, and imposes upon the Northvale Neighborhood, all of the restrictions, covenants and conditions and benefits contained in the Declaration as if the Northvale Neighborhood had been included in the Declaration and described in Exhibit A of the Declaration as part of the Subdivision as the Neighborhood referred to as Northvale. All Owners of Lots within the Northvale Neighborhood shall become members of the Association created pursuant to Article 3 of the Declaration. 2. In addition to the applicable terms of the Declaration, the following terms and provisions shall also apply to the Northvale Neighborhood. 2.01 Block N referenced as private drives on the Plat shall be private streets, and not dedicated to the public, for use only by the Owners in the Northvale Neighborhood and Exmoor Neighborhood, and future sections thereof as may be designated by Developer in future Amendments to the Declaration (such streets, and associated curbs, culverts, non -dedicated bridges, gutters, grates, storm water pipes, curb inlet drains and drainage facilities, to the extent within the right of way for a private street are hereinafter collectively referred to as the "Northvale/Exmoor Streets"). The Northvale/Exmoor Streets shall be for the use of only the Owners in the Northvale and Exmoor Neighborhoods, their guests, agents, invitees and licensees and applicable utilities and governmental agencies (the "Limited Common Area Users"). The Northvale/Exmoor Streets shall have a gate system off of the entrance on Springmill Road, including an electronically -operated vehicular gate, controllers, phone system, electric lines, lighting and associated utilities, and a manually -operated and unlockable pedestrian gate (the Northvale/Exmoor Streets and said accessories collectively referred to as the "Northvale/Exmoor Limited Common Areas"). 2.02 The Master Association shall maintain the Northvale/Exmoor Limited Common Areas, including maintenance, repair and replacement thereof (including an appropriately funded reserve account for repair and replacement of the streets, curbs, gates and other private improvements within the Limited Common Area) and plowing and/or removal of snow from the Northvale/Exmoor Streets. The Master Association shall further regulate and govern the use of the Northvale/Exmoor Limited Common Areas, and issuance of controllers and passes, provided that such usage is limited to the Limited Common Area Users. 2.03 The charges by the Master Association for the services under Section 2.02 (the "Limited Common Area Maintenance") shall be at the sole cost of all Northvale Owners and Exmoor Owners to be assessed on an equal basis against each individual Lot in the Northvale Neighborhood and Exmoor Neighborhood (the "Limited Common Area Assessments"). The Limited Common Area Assessments shall be applied uniformly throughout the Northvale and Exmoor Neighborhoods, regardless of which Neighborhood or Limited Common Area User is being served, so that, by way of example, if there is a bridge or other Limited Common Area serving only the Exmoor Neighborhood, the Limited Common Area Maintenance for such improvement shall nonetheless be included in the Limited Common Area Assessments applied to all Northvale Owners and Exmoor Owners. 2.04 The Developer is using its best efforts to cause any bridges to be dedicated and maintained by Hamilton County, in which case such County is hereby granted access rights over the Northvale/Exmoor Streets for all purposes associated with such dedication or maintenance, and Developer may execute and record such other instruments to effectuate such dedication. 2.05 The Limited Common Area Assessments shall be in addition to the Regular and Special Assessments imposed by the Master Association for the entire Subdivision, which will include the Northvale and Exmoor Neighborhoods. Further, those Common Areas within the Northvale Neighborhood and Exmoor Neighborhood, other than the Northvale/Exmoor Limited Common Areas, such as landscaping, entry pavilion structures, trail heads, trails, drainage systems, including the drainage of the Northvale/Exmoor Streets not within the private street right of way, and best management practices, shall be included in the Regular and Special Assessments imposed by the Master Association for the entire Subdivision. In the event that Developer determines that providing or installing separate utility meters for the components of the Northvale/Exmoor Limited Common Areas, such as electricity for the gate motor, control box or any lighting, is not practical, then the utility charges for such shall be paid as part of Regular Assessments for the entire Subdivision and not be included in the Limited Common Area Assessments. 2.06 This Section 2 shall apply only to the Northvale Neighborhood (until such time as additional Sections thereof and the Exmoor Neighborhood are added from Expansion Property), and is in lieu of any separate Neighborhood Declaration. Further, the provisions of this Section 2 are for the benefit of the Master Association and no Neighborhood Association is being formed with respect to the Northvale Neighborhood. [The remainder of this page intentionally left blank.] IN WITNESS WHEREOF, Jackson's Grant Real Estate Company, LLC has caused this instrument to be executed by its duly authorized representative as of the day and year first written above. JACKSON'S GRANT REAL ESTATE COMPANY, LLC an Indiana limited liabili"ompany By: JG Developme#Company, LLC, its Manager LE STATE OF OHIO ) SS: COUNTY OF LUCAS ) M. Moon, Chief Operating Officer The foregoing instrument was acknowledged before me this 3an day of FEBRUARY, 2020 by LAWRENCE M. MOON, Chief Operating Officer of JG Development Company, LLC, an Indiana limited liability company, Manager of JACKSON' S GRANT REAL ESTATE COMPANY, LLC, an Indiana limited liability company, on behalf of the company. TRACEY L KEATON Notary Public - State of Ohio Notary Public, State of Ohio Residing in Lucas County My Commission Expires 08-07-2022 Tracey L. Keaton Residing in Lucas County My Commission Expires: 08/07/2022 This instrument prepared by Christopher D. Long, Krieg DeVault LLP, One Indiana Square, Suite 2800, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless otherwise required by law. Christopher D. Long. EXHIBIT A JACKSON'S GRANT ON WILLIAMS CREEK SECTION 6 ],the undersigned Registered land Surveyor hereby certify that the included plat correctly represents a subdivision of part of the Northeast Quarter of Section 34,'fownship 18 North, Range 3 Last, Clay Township, I familton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said Quarter Section; thenc& South 00 degrees 13 minutes 14 seconds West 388.05 feet to a point on a parcel owned by The Hoard of Commissioners of Hamilton County, recorded as Instrument 920411578 in the Ofliue of the Recorder for Hamilton County, Indiana; thence South 83 degrees 45 minutes 53 seconds West 50.32 feet along the North boundary of said parcel to a point on the West right-of-way of Spring Mill Road, recorded as Instrument Q017002664 in the Office of the Recorder for Hamilton County, Indiana; said point also being the POINT OF BEGINNING of this description; thence South 00 degrees 13 minutes 14 seconds West 1028,77 feet to a point on the North boundary of Jacksons Grant, section 4, recorded as Instrument #2018009549 in the Office of the Recorder for Hamilton County, Indiana, the following twenty two (22) courses are along said boundary; (1) South 88 degrees 54 minutes 13 seconds West 29.45 feet; Q) South 71 degrees 41 minutes 58 seconds West 33.34 feet; (3) South 87 degrees 54 minutes 46 seconds West 113.65 feet; (4) North 78 degrees 42 minutes 00 seconds West 26.71 feet; (5) :north 05 degrees 38 minutes 28 seconds West 33.31 feet; (6) North 60 degrees 35 minutes 56 seconds West 43.22 feet; (7) North 85 degrees 00 minutes 14 seconds West 122.72 feet; (8) South 75 degrees 02 minutes 44 seconds West 28.65 feet; (9) South 51 degrees 27 minutes 49 seconds West 30.93 feet; (10) South 79 degrees 14 minutes 40 seconds West 19.72 feet; (11) North 57 degrees 29 minutes 22 seconds West 18.71 feet; (12) North 03 degrees 40 minutes 21 seconds West 38.52 fect; (13) North 30 degrees 57 minutes 21 seconds West 33.92 feet; (14) South 89 degrees 30 minutes 51 seconds West 399,02 fees, (15) South 35 degrees 18 minutes 42 second% West 23.60 feet; (16) South 03 degrees 37 minutes 02 seconds East 52.98 feet; (17) South 14 degrees 09 minutes 30 seconds West 70.61 feet; (18) South 36 degrees 29 minutes 39 seconds West 31.85 feet; (19) South 79 degrees 36 minutes 06 seconds West 27:76 feet; (20) North Fry degrees 23 minutes 47 seconds West 29.41 feet; (21) North 40 degrees 13 minutes 05 seconds West 42.28 feet; (22) North 83 degrees 03 minutes 12 seconds West 13.62 feet; thence North 57 degrees 17 minutes 07 seconds West 12.36 feet; thence North 08 degrees 51 minutes 54 seconds West 91.86 feet; thence North 00 degrees 40 minutes 16 seconds West 29,11 feet; thence North 00 degrees 36 minutes 05 seconds 3Vest 44.43 feet; thence North 29 degrees 07 minutes 36 seconds West 47.68 feet; thence North 05 degrees 33 minutes 20 seconds West 30.64 feet; thence North 30 degrees 36 minutes 24 seconds West 108.04 feet; theuce North 22 degrees 31 minute-s 53 seconds West 145.27 feet; thence North 69 degrees 00 minutes 23 seconds East 149,78 feet. thence North 00 degree 17 minutes 26 seconds East 50.00 feet; thence North 80 degrees 03 minutes 42 seconds West 244.11 feet; thence North W degrees 17 minutes 00 srcvnds East 253.43 feet; thmcc South 89 degrees 43 minutes 00 seconds East 197.17 feet; thence North 34 degrees 45 minutes 35 seconds Fast 79.77 feet; thence South 70 degrees 18 minutes 15 seconds East 27.97 feet; thence South 00 degrees 17 minutes 26 seconds Wcst 165.83 feet; thence South 89 degrees 42 minutes 34 seconds East 602.17 feet; thence North Oil degrees 27 minutes 01 seconds West I (t4.57 feet to a paint on a curve concave southwesterly, the radius point of said curve being South 14 degrees 10 minutes 48 seconds West 160.00 feet from said point; thence Southeasterly along said curve 134.82 feet to a point on said curve, said point being Norlh 62 degrees 27 minutes 30 seconds East 160.00 feet from the radius point of said curve; thence worth 62 degrees 27 minutes 30 seconds East 190.79 feet; thence North 00 degrees 17 minutes 26 seconds Last 119.51 feet; thence North 83 degrees 45 minutes 53 seconds Last 75.66 feet to the place of beginning, containing 19.888 acres. more or less, subject to all legal highways, tiphis-of-ways, casem-,tits, and restrie.fions of record.