HomeMy WebLinkAboutFirst Amendment & Supplemental Declaration Covenants & Restrictions
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FIRST AMENDMENT TO AND
SUPPLEMENTAL DECLARATION OF
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COVENANTS AND RESTRICTIONS OF
HAYDEN RUN PROPERTY OWNERSHIP
~ct~ Two
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THIS FIRST AMENDMENT AND SUJtLEMENTAI,. DECLARATION (the "First Amendment
and Supplemental Declaration") made this '." day or::Ju....n~ ,2003, by Centex Homes, a
Nevada general partnership by Centex Real Estate Corporation, a Nevada corporation, its managing
general partner ("Declarant"),
W ! I N.!; S ~.!; I H:
WHEREAS, the following facts are true:
A. Declarant is the sole owner of the fee simple 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 "Hayden Run Section Two").
B. On or about June 27, 2002, Declarant executed a Declaration of Covenants and
Restrictions of Hayden Run Property Ownership which was recorded in the Office of the Recorder
of Hamilton County, Indiana on September 30, 2002, as Instrument No. 200200071380 (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.
C. Pursuant to Paragraph 24(h) of the Declaration, Declarant desires to amend the
Declaration to provide for a Public Pedestrian Access Easement (as defined herein).
D. Additionally, 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 Hayden Run Property Ownership, incorporated into the
Declaration and the Owners thereof become members of 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 Hayden Run Section Two to
the Tract of Hayden Run Property Ownership have been met, and Declarant, by execution of this
First Amendment and Supplemental Declaration, hereby incorporates Hayden Run Section Two into
Hayden Run Property Ownership.
NOW, THEREFORE, the Declaration is amended and supplemented as follows:
1. Amendments to the Declaration:
a. Paragraph 1 of the Declaration shall be amended by adding the following
language:
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(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, no 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, occu'pancy, 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.
2. Supplements to the Declaration:
a.
Declaration. Declarant hereby expressly declares that 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 Hayden Run Property Ownership as if such originally had been
included in the Declaration, and shall hereafter be held, transferred, sold
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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. Hayden Run Section
Two hereafter and for all purposes shall be included in the definition of
"Tract" as defined in paragraph 1 (r) of the Declaration.
b. Description of Lots. There shall be nineteen (19) Lots, Numbered 23-41 in
Hayden Run Section Two as shown on the Supplemental Plat for Hayden
Run Section Two. Hayden Run Property Ownership or the Tract now has
forty-one (41) Lots.
c. Sauare Footaae. All Dwelling Units located on Lots in 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 Hayden Run Section Two
prepared by Stoeppelwerth & Associates, Inc., certified by Dennis D.
OlllJ..Steid, a registered land surveyor under the date of the ~ day of
ltPf'1 , 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.
4. Except to the extent modified or amended herein, all terms and conditions of the
Declaration remain in full force and effect.
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EXECUTED the day and year first above written.
CENTEX HOMES, a Nevada general partnership
Its:
Centex Real Estate Corporation, a Nevada
corporation
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Timothy K. McMahon, Division President
By:
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. Hayden Run Property
Ownership" on behalf of said corporation.
WITNESS my hand arid N~t:;'lfrial Seal this l.L day of -:) lJ..n.e... , 2003.
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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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A part of the Southwest Quarter of Section 29, Township 18 North, Range 3 East, H'ilmilton
County, Indiana, more particularly described as follows:
EXHIBIT A
HAYDEN RUN
SECTION 2
Commencing at the Northwest corner of said Quarter Section; thence North 89 degrees 35
minutes 32 seconds East (assumed bearing) along the North line of said Quarter Section
1,554.58 feet to the Northwest corner of Hayden Run, Section One, recorded as Instrument No.
200200071381, Plat Cabinet 3, Slide 58 in the Office of the Recorder of Hamilton County,
Indiana; thence South 00 degrees. 00 minutes 34 seconds East parallel to the East line of the
said Quarter Section and on and along the West line of said Hayden Run, Section One, a
distance of 749.48 feet to the POINT OF BEGINNING of this description; the following ten (10)
courses being on and along the southern boundary of said Hayden Run, Section One; 1) North
44 degrees 29 minutes 55 seconds East 127.87 feet; 2) North 73 degrees 08 minutes 47
seconds East 94.48 feet; 3) South 78 degrees 12 minutes 20 seconds East 94.48 feet; 4) South
49 degrees 33 minutes 28 seconds East 87.64 feet; 5) South 24 degrees 55 minutes 09
seconds East 92.07 feet; 6) South 81 degrees 38 minutes 57 seconds East 192.77 feet; 7)
South 07 degrees 52 minutes 11 seconds West 169.08 feet; 8) South 75 degrees 27 minutes 50
seconds East 129.08 feet to a point on a curve concave westerly, the radius point of said curve
being North 75 degrees 27 minutes 50 seconds West 265.00 feet from said point; 9) southerly
along said curve 72.14 feet to a point on said curve, said point being South 59 degrees 51
minutes 57 seconds East 265.00 feet from the radius point of said curve; 10) South 59 degrees
51 minutes 57 seconds East 70.00 feet to a point on a curve concave northwesterly, the radius
point of said curve being North 59 degrees 51 minutes 57 seconds West 335.00 feet from said
point; thence southwesterly along said curve 101.22 feet to the point of tangency of said curve,
said point being South 42 degrees 33 minutes 11 seconds East 335.00 feet from the radius
point of said curve, said point also being the point of curvature of a curve concave easterly, the
radius point of said curve being South 42 degrees 33 minutes 11 seconds East 20.00 feet from
said point; thence southerly along said curve 28.87 feet to the point of tangency of said curve,
said point being South 54 degrees 43 minutes 46 seconds West 20.00 feet from the radius point
of said curve; thence South 54 degrees 39 minutes 20 seconds West 50.00 feet to a point on a
curve concave southerly, the radius point of said curve being South 54 degrees 43 minutes 46
seconds West 20.00 feet from said point; thence westerly along said curve 29.25 feet to the
point of tangency of said curve, said point being North 29 degrees 04 minutes 37 seconds West
20.00 feet from the radius point of said curve; thence South 60 degrees 55 minutes 24 seconds
West 129.12 feet; thence South 21 degrees 28 minutes 55 seconds East 136.19 feet; thence
South 60 degrees 55 minutes 24 seconds West 152.83 feet; thence North 37 degrees 47
minutes 39 seconds West 136.49 feet to a point on a curve concave southeasterly, the radius
point of said curve being South 30 degrees 56 minutes 09 seconds East 165.00 feet from said
point; thence southwesterly along said curve 20.82 feet to a point on said curve, said point being
North 38 degrees 09 minutes 59 seconds West 165.00 feet from the radius point of said curve;
thence North 38 degrees 09 minutes 59 seconds West 70.00 feet to a point on a curve concave
westerly, the radius point of said curve being North 38 degrees 09 minutes 59 seconds West
20.00 feet from said point; thence northerly along said curve 25.66 feet to a point on said curve,
said point being North 68 degrees 19 minutes 09 seconds East 20.00 feet from the radius point
of said curve; thence North 89 degrees 59 minutes 34 seconds West 236.48 feet; thence North
00 degrees 00 minutes 34 seconds West parallel to the East line of the said Quarter Section
588.01 feet to the place of beginning. Containing 9.094 acres, more or less, subject to all legal
highways, rights-of-ways, easements, and restrictions of record.
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