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HomeMy WebLinkAboutCovenants and Restrictions_Recorded 07-12-212021050535 AMND DECL $25.00 07/12/2021 04:16:21P 4 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented Cross-reference Instrument No. 2016003779 N o. 2020012168 EIGHTH AMENDMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR JACKSON'S GRANT TO PROVIDE FOR THE ADDITION OF SECTION 7 (NORTHVALE. SECTION 2) The undersigned, Jackson's Grant Real Estate Company, LLC, an Indiana limited liability company (hereinafter referred to as "Developer"), was 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 (the "Development"). WHEREAS, Developer imposed certain restrictions, covenants and conditions upon the Development 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; WHEREAS, Developer, pursuant to Article 3.01 of the Declaration, retained the right to add additional real estate to the Development from the Expansion Property as described in the Declaration; WHEREAS, Developer is developing Jackson's Grant on Williams Creek, Section 7, a subdivision in Carmel, Hamilton County, Indiana consisting of Seventeen (17) lots numbered 317 through 333 (all inclusive), one (1) Common Area labeled C.A. #37, and one (1) block labeled BLOCK `X', known as the Second Section of the Northvale Neighborhood referenced in Section 1.29 of the Declaration (the "Section 7 Neighborhood"), which Section 7 .Neighborhood is contiguous to the Development and which is a part of the Expansion Property described in the Declaration; WHEREAS, the real estate upon which the Section 7 Neighborhood is being developed is described in Exhibit A attached hereto; WHEREAS, Developer desires to amend the Declaration to add the Section 7 Neighborhood to the Development and to subject the Section 7 Neighborhood to the terms, conditions and restrictions contained in the original Declaration; WHEREAS, Developer imposed certain restrictions, covenants and conditions upon the Northvale Neighborhood pursuant to the terms and conditions of a certain Sixth Amendment to Declaration of Covenants, Conditions and Restrictions for Jackson's Grant for Section 6 (Northvale, Section 1) dated February 3, 2020, (the "Northvale/Exmoor Amendment"), which Northvale/Exmoor Amendment was recorded on March 6, 2020 as Instrument No. 2020012168 in Hamilton County, Indiana, and Developer desires to subject the Section 7 Neighborhood to the terms, conditions and restrictions contained in the Northvale/Exmoor Amendment; and WHEREAS, 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 Section 7 Neighborhood to, and imposes upon the Section 7 Neighborhood, all of the restrictions, covenants and conditions and benefits contained in the Declaration as if the Section 7 Neighborhood had been included in the Declaration and described in Exhibit A of the Declaration. All owners of Lots within the Section 7 Neighborhood shall become members of the Association created pursuant to Article 3 of the Declaration. 2. The Developer hereby subjects the Section 7 Neighborhood to, and imposes upon the Section 7 Neighborhood, all of the restrictions, covenants and conditions and benefits of the Northvale Neighborhood contained in the Northvale/Exmoor Amendment as if the Section 7 Neighborhood had been included in the Northvale/Exmoor Amendment and described in Exhibit A of the Northvale/Exmoor Amendment as part of the Northvale Neighborhood. [ SIGNATURE PAGE TO FOLLOW ] Oil IN WITNESS WHEREOF, Jackson's Grant Real Estate Company, LLC has caused this instrument to be executed by its duly authorized representative this 1" day of July, 2021. Signed and acknowledged in the presence of JACKSON'S GRANT REAL ESTATE COMPANY, LLC an Indiana limited liability, company By: JG Developmenl Company, LLC, its Manager Moon, Chief Operating Officer The foregoing instrument was acknowledged before me this 1" day of JULY, 2021 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. MEG RANSR)RD Notary Public, State of Ohio Notary public, so of ft Meg Ransford MNCan 942 Residing in Lucas County My Commission Expires: 09/12/2022 This instrument was prepared by: Lawrence M. Moon, 3,150 Republic Blvd. N., Suite 3, Toledo, Ohio 43615. I affirm under the penalties of perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless otherwise required by law. Lawrence M. Moon. EXHIBIT A LAND DESCRIPTION - JACKSON'S GRANT ON WILLUMS CREED, SECTION 7 Part of the Northeast Quarter of Section 34, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the northeast corner of the Northeast Quarter of said Section 34; thence South 00 degrees 13 minutes 14 seconds West 388.05 feet to a point on the boundary of a parcel of land owned by The Board of Commissioners for Hamilton County, recorded as Instrument No. 20411578 in the Office of the Recorder for Hamilton County, Indiana; thence South 83 degrees 45 minutes 53 seconds West 50.32 feet along said boundary to a point on the West right-of-way of Spring Mill Road, recorded as Instrument No. 2017002664 in the aforesaid Recorders Office; said point also being a point on the boundary of Jackson's Grant on Williams Creek Section 6 recorded as Instrument No. 2020012169, Plat Cabinet 5, Slide 1120 in the aforesaid Recorders Office; thence continuing thence South 83 degrees 45 minutes 53 seconds West along said boundary 75.66 feet to the POINT OF BEGINNING of this description; the following nine (9) courses being on and along the boundary of said Jackson's Grant on Williams Creek Section 6 as follows: (1) South 00 degrees 17 minutes 26 seconds West 119.51 feet; (2) South 62 degrees 27 minutes 30 seconds West 190.79 feet to a point on a curve concave southwesterly, the radius point being South 62 degrees 27 minutes 30 seconds West 160.00 feet from said point; (3) northwesterly along said curve 134.82 feet to a point on said curve, said point being North 14 degrees 10 minutes 48 seconds East 160.00 feet from the radius point of said curve; (4) South 00 degrees 27 minutes 01 seconds East 164.57 feet; (5) North 89 degrees 42 minutes 34 seconds West 662.17 feet; (6) North 00 degrees 17 minutes 26 seconds East 165.83 feet to a point on a curve concave northeasterly, the radius point of said curve being North 08 degrees 57 minutes 03 seconds East 75.00 feet from said point; (7) northwesterly along said curve 28.13 feet to a point on said curve, said point being South 30 degrees 26 minutes 26 seconds West 75.00 feet from the radius point of said curve; (8) South 34 degrees 45 minutes 35 seconds West 79.77 feet; (9) North 89 degrees 43 minutes 00 seconds West 197.17 feet to a point on the boundary of Springmill Streams Section Three recorded as Instrument No. 84-8961, Plat Book 11, Pages 33 - 34 in the aforesaid Recorders Office; said point also being on the West line of the Northeast Quarter of the Northeast Quarter of the aforesaid Section 34; thence along said Springmill Streams Section Three boundary and said West line North 00 degrees 17 minutes 00 seconds East 568.42 feet to the northwest comer of the aforesaid Quarter Quarter; said point also being on the South boundary of Springmill Streams Section Two recorded as Instrument No. 84-8861, Plat Book 11, Pages 31 - 32 in the aforesaid Recorders Office; thence North 89 degrees 32 minutes 59 seconds East along said boundary 599.40 feet to a said point being the northwest comer of a parcel of land now or formerly owned by Robert M. & Sydney J. Book as recorded in Instrument No. 2012-06171 in the aforesaid Recorders Office; thence South 00 degrees 13 minutes 14 seconds West 300.00 feet along the West boundary of said parcel to the southwest corner thereof, thence North 89 degrees 32 minutes 59 seconds East along the South line of said parcel 439.00 feet to a point being the northwest corner of a parcel of land now or formerly also owned by Robert M. & Sydney J. Book, as recorded in Instrument No. 2003123339 in the aforesaid Recorders Office; the following three (3) courses being on and along the boundary of said parcel as follows: (1) South 00 degrees 13 minutes 14 seconds West 153.49 feet; (2) North 64 degrees 56 minutes 13 seconds East 111.85 feet; (3) North 83 degrees 45 minutes 53 seconds East 61.06 feet to the place of beginning, containing 12.746 acres, more or less, subject to all legal highways, rights -of -way, easements, and restrictions of record.