HomeMy WebLinkAboutFirst Amendment & Supplement of Covenants & Restrictions
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FIRST AMENDMENT TO AND
SUPPLEMENTAL DECLARATION OF
COVENANTS AND RESTRICTIONS OF
THE LAKES AT HAYDEN RUNITHE RIDGE
AT HAYDEN RUN PROPERTY OWNERSHIP
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THIS FIRST AMENDMENT ANf\SUPPLEMENTAL DECLARATION ("First Amendment and
Supplemental Declaration") made this' day of -:slme...., 2003, by Centex Homes, a Nevada
general partnership by Centex Real Estate Corporation, a Nevada corporation, its managing general
partner and Crossman Communities Partnership, an Indiana general partnership (collectively
"Declarant"),
W 11 N g~~gI H:
WHEREAS, the following facts are true:
A. Declarant is the sole owner of the fee simpJe title to the following described real
estate located in Hamilton County, Indiana, to-wit:
See legal description attached hereto made a part hereof and marked Exhibit A
(hereinafter referred to as "The Lakes at Hayden Run Section Two").
B. On October 17, 2002, Declarant executed a Declaration of Covenants and
Restrictions of The Lakes at Hayden Run/The Ridge at Hayden Run Property Ownership which was
recorded in the Office of the Recorder of Hamilton County, Indiana on October 17, 2002, as
Instrument No. 200200077648 (referred to as the "Declaration"). The Declaration is incorporated
herein by reference and all of the terms and definitions as described therein are hereby adopted and
shall have the same meaning in this First Amendment and Supplemental Declaration.
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C. Pursuant to Paragraph 24(b) of the Declaration, Declarant desires to amend the
Declaration to provide for a Public Pedestrian Access Easement (as defined herein).
D. Additionally, The Lakes at Hayden Run Section Two is part of the Real Estate
described in Paragraph A of the recitals of the Declaration. Paragraph 23 of the Declaration
provides that all or part of the Real Estate may be annexed to The Lakes at Hayden Run/The Ridge
at Hayden Run Property Ownership, incorporated into the Declaration and the Owners thereof
become members of The Lakes at Hayden Run/The Ridge at Hayden Run Property Ownership in
accordance with the conditions in Paragraph 23 of the Declaration and the filing of a supplemental
declaration by Declarant. All conditions relating to the annexation of The Lakes at Hayden Run
Section Two to the Tract of The Lakes at Hayden Run/The Ridge at Hayden Run Property
Ownership have been met, and Declarant, by execution of this First Amendment and Supplemental
Declaration, hereby incorporates The Lakes at Hayden Run Section Two intq The Lakes at Hayden
Run/The Ridge at Hayden Run Property Ownership.
NOW, THEREFORE, the Declaration is amended and supplemented as follows:
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1. Amendments to the Declaration.
a. Paragraph 2 of the Declaration shall be amended by adding the following
language:
(t) "Public Pedestrian Access Easements" ("PPAE") means those paved,
asphalt areas only within a PPAE identified in any recorded Plat to be
burdened by such easement. The PPAE is hereby created and reserved as
shown on the Plat as a non-exclusive easement for the use of the Declarant,
the Corporation, the Owners and members of their families, their guests or
invitees, including all occupants of any Dwelling Unit, and any other persons
who have the right to use or enjoy the PPAE (collectively, the "PPAE Users").
The PPAE shall be maintained by the Corporation and the Corporation shall
have an easement of ingress and egress over all real estate adjacent thereto
for the purpose of completing this maintenance obligation. Except for
improvements and landscaping installed, maintained, planted or removed by
the Declarant or the Corporation (which improvements and landscaping
together with the Landscape Improvements referred to in Paragraph 7 of the
Declaration shall be referred to herein and in the Declaration as the
"Landscape Improvements"), and except for any utility facilities or drainage
facilities which may be installed by Declarant in the PPAE, ria structures,
fences or other improvements or landscaping shall be installed or maintained
in the PPAE. The PPAE Users shall observe and be governed by the rules
and regulations contained in this Declaration and as may from time to time
be promulgated and issued by the Board of Directors. No (i) motorized
vehicles (other than emergency vehicles, utility vehicles and maintenance
vehicles authorized by Declarant and/or the Corporation), including, without
limitation, cars, trucks, motorcycles, minibikes, mopeds and scooters; or (ii)
horses, or other non-domestic animals shall be permitted on the PPAE.
Declarant reserves the right to prohibit use of the PPAE by any person who
violates the provisions of this paragraph and/or to seek the assistance of
local law enforcement and municipal authorities regarding such violations.
b. Paragraph 12(g)(vii) shall be amended to read as follows:
(vii) To promulgate, adopt, revise, amend and alter from time to time such
additional rules and regulations with respect to use, occupancy, operation
and enjoyment of the Tract, the Common Area and the PPAE (in addition to
those set forth in this Declaration) as the Board, in its discretion deems
necessary or advisable; provided, however, that copies of any such
additional rules and regulations so adopted by the Board shall be promptly
delivered or mailed to all Owners. Such rules and regulations may provide
that the failure to comply with such rules and regulations by an Owner or a
PPAE User may result in (i) the imposition of fines by the Corporation against
such Owner or PPAE User; and/or (ii) such Owner or PPAE User losing the
right to use the Common Area, the related facilities and/or the PPAE.
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2. Supplements to the Declaration:
a. Declaration. Declarant hereby expressly declares that The lakes at Hayden
Run Section Two 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 The lakes at Hayden Runffhe Ridge at Hayden Run
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. The lakes at Hayden
Run Section Two hereafter and for all purposes shall be included in the
definition of "Tract" as defined in paragraph 1 (t) of the Declaration.
b. Description of lots. There shall be forty-five (45) lots, Numbered 67-111 in
The lakes at Hayden Run Section Two as shown on the Supplemental Plat
for The lakes as Hayden Run Section Two. The lakes at Hayden Runffhe
Ridge at Hayden Run Property Ownership or the Tract now has one hundred
eleven (111) lots.
c. Sauare Footaae. All Dwelling Units located on lots in The lakes at Hayden
Run Section Two shall have a minimum square feet of finished living area
(exclusive of garages, carports, basements and porches) as required by the
Primary Plat approval.
d. 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 First Amendment and 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 or estate in a lot and/or Dwelling Unit or the Property as if
those provisions were recited and stipulated at length in each and every
deed, conveyance, mortgage or lease thereof.
e. Supplemental Plat. The Supplemental Plat for The lakes at Hayden Run
Section Two prepared by Stoeppelwerth & Associates, Inc., certified by.
Dennis D. Olmstead, a registered land surveyor under the date of the \6 ofh.
day of A~f\ L , 2003, setting forth the layout, location, identification
and dimension of the lots identified in this First Amendment and
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 of the _ day of
2003 as Instrument No.
3. To the extent that there are any inconsistencies in the terms and conditions of this
First Amendment and Supplemental Declaration, the Declaration and any recorded Plat, the terms
of such recorded Plat shall control.
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4. Except to the extent modified or amended herein, all terms and conditions of the
Declaration remain in full force and effect.
EXECUTED the day and year first above written.
CENTEX HOMES, a Nevada general partnership
Its:
Nevada
By:
By:
CROSSMAN COMMUNITIES PARTNERSHIP, an Indiana
general partnership
By: Beazer Homes Investment Corporation, a Delaware
corporation
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared Timothy
K. McMahon, by me known and by me known to be the Division President of Centex Real Estate
Corporation, the managing general partner of Centex Homes, and acknowledged the execution of
the foregoing "First Amendment to and Supplemental Declaration of The Lakes at Hayden Run/The
Ridge at Hayden Run Property Ownership" on behalf of said corporation.
WITNESS my hand and No~wj,al Seal this 11- day of:1ltf\JL
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My Commission Expires: Willi/IfIll m\\\\\\\\~ My <:1ounty of Residence:
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STATE OF INDIANA )
) SS:
COUNTY OF MARION )
My Commission Expires:
My County of Residence:
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This instrument prepared by Tammy K. Haney, Attorney at Law, Bose McKinney & Evans LLP,
600 East 96th Street, Suite 500, Indianapolis, Indiana 46240.
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EXHIBIT A
THE LAKES AT HAYDEN RUN
SECTION 2
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A part of the Northeast Quarter of Section 29, Township 18 North, Range 3 East, Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Northwest corner of the Northeast Quarter; thence North 89 degrees 36
minutes 39 seconds East along the North line of said Quarter Section 1,340.30 feet to the
Northeast corner of the West Half of said Quarter Section; thence South 00 degrees 10 minutes
03 seconds West along the East line of the said Half Quarter Section 1,550.22 feet to the
Northeast corner of The Lakes at Hayden Run, Section One, recorded as Instrument No.
200200077647, Plat Cabinet No.3, Slide No. 69 in the Office of the Recorder of Hamilton
County the following 14 courses being on and along the northern boundary; 1) North 49 degrees
08 minutes 44 seconds West 417.28 feet; 2) South 40 degrees 51 minutes 16 seconds West
140.00 feet; 3) North 49 degrees 08 minutes 44 seconds West 174.35 feet to the point of
curvature of a curve concave easterly, the radius point of said curve being North 40 degrees 51
minutes 16 seconds East 20.00 feet from said point; 4) northerly along said curve 20.74 feet to a
point on said curve, said point being North 79 degrees 43 minutes 24 seconds West 20.00 feet
from the radius point of said curve; 5) North 56 degrees 07 minutes 33 seconds West 71.57 feet
to a point on a curve concave northwesterly, the radius point of said curve being North 56
degrees 07 minutes 33 seconds West 215.00 feet from said point; 6) southwesterly along said
curve 23.51 feet to a point on said curve, said point being South 49 degrees 51 minutes 37
seconds East 215.00 feet from the radius point of said curve; 7) North 49 degrees 51 minutes 37
seconds West 140.00 feet; 8) South 56 degrees 55 minutes 25 seconds West 38.27 feet; 9)
North 13 degrees 53 minutes 52 seconds West 90.82 feet; 10) North 28 degrees 24 minutes 52
seconds West 97.21 feet; 11) North 68 degrees 48 minutes 18 seconds West 105.36 feet; 12)
South 82 degrees 32 minutes 49 seconds West 115.33 feet; 13) South 53 degrees 53 minutes
57 seconds West 76.17 feet; 14) South 89 degrees 09 minutes 50 seconds West 233.52 feet to
a point on the West line of said Quarter Section; thence North 00 degrees 05 minutes 51
seconds West along said West line 1,002.31 feet to the place of beginning, containing 36.183
acres, more or less. Subject to all legal highways, rights-of-ways, easements, and restrictions of
record.
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