HomeMy WebLinkAboutRecorded - Supplemental Declaration of Covenants & Restrictions
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SUPPLEMENTA~ DECL~~1~IY'Qlf,2'Tyd ~NDIRNR
COVENANTS AND REST~~'fr6'fts~'l I
HAVERSTICK PROPERTyt~tJ~~l~ :2i 7:1);)
THIS SUPPLEMENTAL DECLARATION made this 10th day of _May_, 2002,
by Centex Homes, a Nevada general partnership as successor. in interest to Centex Homes
Company, an Indiana general partnership ("Declarant"),
W 1 I N E S S s I H:
Instrument
200200040523
W.HEREAS, the following facts are true:
A. Declarant is the sale 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 "Settler's Ridge, Section Two 8").
B. On June 23, 1995, Declarant executed a Declaration of Covenants and
Restrictions of Haverstick Property Ownership which was recorded in the Office of the
Recorder of Hamilton County, Indiana on June 23, 1995, as Instrument No. 9540437 as
amended by Supplemental Declarations, recorded on December 30, 1996, January 15,
1997, May 9, 1997, October 7, 1997, July 2, 1998, October 14, 1998 July 6; 1999,
October 5, 1999, October 14, 1999, August 16, 2000, November 1, 2000, June 5, 2001
and July 23, 2001, as Instrument Nos. 9609654253, 9709"701433, 9709718060,
9709742618, 9709742620, 9809835941, 98581000, 9858098, 9940002, 9958105,
9960198, 200000040348, 200000054645, 200000054648, 200100032801 and
200100045182, respectively; and a First Amendment recorded on May 9, 1997 as
Instrument No. 9709718061, a Second Amendment recorded an August 1, 2000, as
Instrument No. 200000037449, and a Third Amendment recorded August 1, 2000, as
'instrument No. 200000037450 (all of which were recorded in the Office of the Recorder of
Ham"ilton County, Indiana (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 Supplemental Declaration.
C. Settler's Ridge Section Two B is part of the Real Estate described In
paragraph A of the recitals of the Declaration. Paragraph 24 of the Declaration provides
that all or part of the Real Estate may be annexed to Haverstick Property Ownership,
incorporated into the Declaration and the Owners thereof become members of Haverstick
Property Ownership in accordance with the conditions in paragraph 24 of the Declaration
and the filing of the Supplemental Geclaration by Declarant. All conditions relating to the
annexation of Settler=s Ridge Section Two B to the Tract of Haverstick Property Ownership
have been met, and Declarant, by execution of this Supplemental Declaration, hereby
incorporates Settler's Ridge Section Two B into Haverstick Property Ownership.
'. SR2B Supplmn\ COY & Rcstr.doc
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NOW, THEREFORE, Declarant makes this Supplemental Declaration as follows:
1. Declaration. Declarant hereby expressly declares that Settler's Ridge
Section Two B 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 Haverstick 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. Settler's Ridge Section Two B
hereafter and for all purposes shall be included in the definition of "Tract" as defined in
paragraph '1 (t) of the Declaration.
2. Description of Lots. There shall be thirteen (13) Lots, Numbered 41 through
53 in Settler's Ridge Section Two B as shown on the Supplemental Plat for Settler's Ridge
Section Two B. Haverstick Property Ownership or the Tract now has Four Hundred Ninety-
Six (496) Lots.
3. Square Footaqe. All Dwelling Units located on Lots in Settler's Ridge Section
Two B shall have a minimum of 1,300 square feet of finished living area (exclusive of
garages, carports, basements and porches).
4. 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 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.
. 5. ,Supplemental Plat. The Supplemental Plat for Settler's Ridge Section
Two B prepared by Stoeppelwerth & Associates, Inc:, certified by Dennis D. Olmstead, a
registered land surveyor under the date of _May 8_, 2002, setting forth the layout, location,
identification and dimension of the Lots identified in this Supplemental Declaration is
incorporated into the Declaration, added to the plans filed with the Declaration, and has
beJ3n files! in the Office of the Recorder .of ~an;,ilton County, Indiana, as of
.jiA...h~ i)) :?-CV:t- as Instrument No. :;l..tJo J-.[X)o/-fo~")..:1-- . .
6. . To the extent that there are any inconsistencies in the terms and conditions
of this Supplemental Declaration, the Declaration and any recorded Plat, the terms of such
recorded Plat shall control.
7. Except to the extent modified or amended herein, al/ terms and conditions
of the Declaration remain in full force and effect.
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EXECUTED the day and year first above written.
By:
Timothy K. McMahon
Division President
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 Homes, as successor in interest to Centex Homes Company, and acknowledged
the execution of the foregoing "Supplemental Declaration of Haverstick Property
Ownership" on behalf of said corporation.
WITNESS my hand and Not~' Seal this ;zrlhday.
My Commission Expires:
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This instrument prepared by Tammy K. Haney, Attorney at Law, Bose McKinney &
Evans LLP, 600 E. 96th Street, Suite 500, Indianapolis, Indiana 46240.
My County of Residence:
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EXHIBIT IIAII
DESCRIPTION OF PROPERTY
SETTLER'S RIDGE SECTION 2B
'I, the undersigned Registered Land Surveyor hereby certify that the included plot correcUy represents a subdivision of part c
the 'Southeast Quarter of Section 22, Township 18 North, Range 4 East in Cloy Township, HamiltonCounty, Indiana, more
portJcularly described os follows:
Commencing at the... Northeast corner of said Quarter Section; thence Sou th 88 degrees 53 minutes 27 seconds West
. (Assumed Bearing) along the North line of said Quarter Section, 990.45 feet to the POiNT OF BEGINNING; thence South 01
degrees 08 minutes 07 seconds East 195.51 feet; thence South 88 degrees 51.' minutes 53 seconds West 8.67 feet; thence
Sou th 01 degrees 08 minutes 07 seconds East 137,21 feet; thence South 01 degrees 58 minutes 18 seconds East 360.14
feet to a point on the North line of Settler's Ridge at Hoyerstick Section Two A, Recorded as Instrument #200100045181 in
Plat Cabinet #2 on Slide #632 in the Office of the Recorder of Hamilton County, Indiana; the following .3 courses being on
and alon~ the North line of said Settler's Rid9.e at Haverstick Section Two A; (1) South 89 degrees 37 minut~s 10 seconds
West 190':90 feet; (2) North 00 degrees 22 minutes 50 seconds West 5.00 feet; (3) South 89 degrees 37 minutes 10
seconds West 144.60 feet; thence North 00 degrees 24 minutes 51 seconds West olong the said West Line, 683.62 feet to
the Northwest corner of the East Half of the Southeast Quorte'r Section; tlience North 88 degrees 53 minutes 27 seconds
East along the North line of said Quarter Section, .329.32 feel to the place of beginning. Containing 5.197 acres, more or
less, subject to 011 legal highways, rights-of-ways, easements, and restrictions of record.
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