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Home My WebLink AboutCovenants - Recorded -.. --.J..:. u o u t. , Q~ . '-./- 4;... RfcnVED :,:-1 (.lAY 24 ~TI04 ~;-) " - \ DOCS !jj( I \, l', ,~ . \ ,/..... . ,\. '-./''>-- /-,:"'/ ,,/..~'r~ \ Y "," I r ! '7' \ \/ "'-_e-.-- '; -"/ \~ . Ridge at Hayden Run Section Two SUPPLEMENTAL DECLARATION OF COVENANTS,AND RESTRICTIONS OF THE LAKES AT HAYDEN RUN/THE RIDGE AT HAYDEN RUN PROPERTY OWNERSHIP 2004000303g0 d' Filed for Recor In HAMILTON COUNTY~ INDIANA JENNIFER J HAY~~N n5~07-2004 At u~:17 g~. DEe cov RES l&.VU THIS SUPPLEMENTAL DECLARATION ("Supplemental Declaration") made this 5th dayof May, 2004, by Centex Homes, a Nevada general partnership by Centex Real Estate Corporation, a Nevada corporation, its managing general partner ("Declarant"), w 1 I Ii 1; ~ ~ 1; I jj: 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 Hamiltor:l County, Indiana, to-wit: See legal description attached hereto made a part hereof and marked Exhibit A '(hereinafter referred to as "The Ridge 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, supplemented by a First Amendment and Supplemental Declarations for The Lakes at Hayden Run/The Ridge at Hayden Run., specifically The Lakes at Hayden Run, Section Two, recorded on August 7, 2003, as Instrument No. 200300079063, Supplemental Declarations of The Lakes at Hayden RunlThe Ridge at Hayden Run, specifically The Ridge at Hayden Run, Section One recorded on March 8, 2004, as Instrument No_ 200400014982 and First Amendment to Declaration of Covenants and Restrictions of The Lakes at Hayden Run/The Ridge at Hayden Run Property Ownership recorded on March 8, 2004, as Instrument No. 200400014983 (all being 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 Hie same meaning in this Supplemental Declaration. C. The Ridge 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 a-t 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 annex~tion of The Ridge at Hayden Run Section One to the Tract of The Lakes at Hayden RunlThe Ridge at Hayden Run Property Ownership have been met,' and Declarant, by execution of this Supplemental Declaration, hereby incorporates The Ridge at Hayden Run Section Two into The Lakes at Hayden Run/The Ridge at Hayden Run Property Ownership_ 57996_1.,joc 1 ,.. ~ w u. NOW, THEREFORE, the Declaration is supplemented as follows: 1. Declaration. Declarant hereby expressly declares that The Ridge 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 Run/The 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 Ridge 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. 2. Description of Lots. There sh.al! be twenty-eight (28) Lots, Numbered 19-23 and 36- 58 in The Ridge at Hayden Run Section Two as shown on the Supplemental Plat for The Ridge at Hayden Run Section Two. The Lakes at Hayden Run now has one hundred eleven (111) Lots and The Ridge at Hayden Run now has fifty-eight (58) Lots. 3. Square Footaqe. All Dwelling Units located on Lots in The Ridge 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. . 4. Acceptance and Ratification. The acceptance ofa 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 The Ridge at Hayden Run Section Two prepared by Stoeppelwerth & Associates, Inc., certified by Dennis O. Olmstead, a registered land surveyor under the. date of the ~"'-day of Mllrc~h..: , 2004, 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 been filed in the Office of the Recorder of Hamilton County, Indiana, as of the _ day of ,2004 as Instrument No. 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, all terms and conditions of the Declaration remain in full force and effect. /~ Q/ 57996_1.doc 2 : ( , w u EXECUTED the day and year first above written. CENTEX HOMES, a Nevada general partnership By: .......... Its: 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 Real Estate Corporation, the managing general partner of Centex Homes, and acknowledged the execution of the foregoing "Supplemental Declaration of The Lakes at Hayden RunlThe Ridge at Hayden Run Property Ownership" on behalf of said corporation. . _ +1-1 . WITNE~~\\~'~}!1~r,t;.il{~~C1d Notarial Seal this .5 day of ((10.,:,.1 ,2004. ~"" 0.'1.( fJ,. ~ ~ ~~\>-,:.......v,^ ~ . ~':">' ...a/~ >~ ~ 0..> ....../ ;a. . , Ii ;:s .- :;:::: ,t ' ,'J. 11 ~~: - - ~ .? ~ J(\JwlWUC1 A ~ I /(I'Vl ~ : SEAL: g Notary Public _*. .-L_ ) ::=: ~ . x;:;;: " "\ \~ - -;.... I k\ V\1 bt (I y' A hiS Dn %~1i'i:i'''A'~'~~# (Printed Signature) '/j1/1/f/Jl11l11\\\\\\\~' My Commission Expires: i'~iJ*mher I~I 2GJlI I My County of Residence: Httvnr l-h V1 This instrument prepared by Tammy K. Haney, Attorney at Law, Bose McKinney & Evans LLP,600 East 96th Street, Suite 500, Indianapolis, Indiana 46240 57996_1.doc 3 {y'- r ( ' u u EXHIBIT A THE RIDGE AT HAYDEN RUN SECTION 2 I, the undersigned registered land surveyor hereby certify that the included plat correctly represents a subdivision of part of the Southwest Quarter of Section 20, Township 18 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest Corner of the Southwest Quarter; thence North 89 degrees 37 minutes 59 seconds East (Assumed Bearing) 1 ,326.23 feet along the North line of said Quarter section; thence South 00 degrees 05 minutes 53 seconds West 623.05 feet to the POINT OF BEGINNING; thence South 89 degrees 57 minutes 40 seconds East 166,67 feet to a point on a curve concave southeasterly, the radius point of said curve being South 70 degrees 38 minutes 50 seconds East 325.00 feet from said point; thence northeasterly along said curve 54,90 feet to a point on said curve, said point being North 60 degrees 58 minutes 08 seconds West 325,00 feet from the radius point of said curve; thence South 60 degrees 58 minutes 08 seconds East 190.00 feet; thence South 07 degrees 17 minutes 30 seconds West 134.13 feet; thence South 00 degrees 03 minutes 08 seconds West 8306 feet; thence North 74 degrees 31 minutes 57 seconds East 67.46 feet; thence South 89 degrees 56 minutes 52 seconds East 51.47 feet; thence South 58 degrees 43 minutes 09 seconds East 104.22 feet; thence South 28 degrees 35 minutes 44 seconds East 99.64 feet; thence South 00 degrees 03 minutes 08 seconds West 97.03 feet; thence South 76 degrees 44 minutes 57 seconds East 209.26 feet; thence South 51 ,degrees 49 minutes 52 seconds East 140.00 feet; thence South 38 degrees 10 minutes 08 seconds West 38.62 feet; thence South 51 degrees 49 minutes 52 seconds East 197.65 feet; thence South 36 degrees 48 minutes 06 seconds West 153.61 feet; thence South 09 degrees 31 minutes 19 seconds East 51.97 feet; thence South 61 degrees 37 minutes 34 seconds West 139,99 feet to a point on a curve concave easterly, the radius paint of said curve being North 62 degrees 01 minutes 08 seconds East 225.00 feet from said point; thence northerly along said curve 61.30 feet to a point an said curve, said point being South 77 degrees 37 minutes 42 seconds West 225.00 feet from the radius point of said curve; thence South 77 degrees 37 minutes 43 seconds West 50,00 feet to a point on a curve concave southwesterly, the radius point of said curve being South 77 degrees 37 minutes 43 seconds West 20.00 feet from said point; thence northwesterly along said curve 28.35 feet to the point of tangency of said curve, said point being North 03 degrees 35 minutes 50 seconds West 20,00 feet from the radius point of said curve; thence South 86 degrees 24 minutes 10 seconds West 353,16 feet to the point of curvature of a curve concave northerly, the radius point of said curve being North 03 degrees 35 minutes 50 seconds West 225.00 feet from said point; thence westerly along said curve 32.47 feet to the point of tangency of said curve, said point being South 04 degrees 40 minutes 18 seconds West 225.00 feet from the radius point of said curve, said point also being the point of curvature of a curve concave southeasterly, the radius point of said curve being South 04 degrees 40 minutes 18 seconds W'est 20.00 feet from said point; thence southwesterly along said curve 27.72 feet to the point of tangency of said curve, said point being North 74 degrees 44 minutes 40 seconds West 20.00 feet from the radius point of said curve; thence North 74 degrees 44 minutes 41 seconds West 50.00 feet to a point on a curve concave southwesterly, the radius point of said curve being North 74 degrees 44 minutes 41 seconds West 20.00 feet from said point; thence northwesterly along said curve 27.72 feet to the point of tangency of said curve, said point being North 25 degrees 50 minutes 21 seconds East 20.00 feet from the radius point of said curve, said point also being the paint of curvature of a curve concave northeasterly, the radius point of said curve being North 25 degrees 50 minutes 21 seconds East 225.00 feet from said point; thence northwesterly along said curve 182.91 feet to a point on said curve, said point being South 72 degrees 24 minutes 59 seconds West 225,00 feet from the radius point of said curve; thence North 89 degrees 56 minutes 52 seconds West 159,62 feet; thence North 00 degrees 05 minutes 53 seconds East 809,96 feet to the place of beginning. Containing 14.432 acres, more or less, subject to all legal highways, rights-of-ways, easements, and restrictions of record. This subdivision consists of 28 lots numbered 19-23,36-58 (both inclusive) and 2 Common Areas labeled 6 and 7 (both inclusive). The size of lots and width of streets are shown in feet and decimal parts thereof, 56050_1.doc