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HomeMy WebLinkAboutCovenants (Supplemental) RECORDED ~ CECEr~EO ~\ 4 2003 °' ~ DQ~S ayden Run 1~ ction Three SUPPLEMENTAL DECLARATIO O . 6 $.1iii3i~i~111758 COVENANTS.AND RESTRICTIONS OF Fi1Bd for: Record in HAYDEN RUN PROPERTY OWNERSHIP HRNILroN cquNrv, INDIRNR . .:JENNIFER J HRYDEN' ' 1r'-U3-cpi13 Rt ild„ 3 am. DEC COV RES 18. ~i~i - THIS .SUPPLEMENTAL DECLARATION (the. "Supplemental Declaration") made this day of November 19, 2003, by Centex Homes, a Nevada general partnership by Centex Real Estate: Corporation, a Nevada corporation, its managing general partner ("Declarant"), 1NITNESSETH: 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 Three"). B. On or about June 27, 2002, Declarant executed a Declaration of Covenants and Restrictions of Hayden Run PropertyOwnership which was recorded in the Office of the Recorderof Hamilton County, Indiana on 'September 30, 2002, as Instrument No. 200200071380 and supplemented by a First Amendment and Supplemental Declarations recorded on August 14, 2003, as Instrument No. 200300081941 (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 the same meaning in this Supplemental Declaration. D. Hayden Run Section Three 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 Three to the Tract of Hayden Run Property Ownership have been met; and Declarant, by execution of this Supplemental Declaration, hereby incorporates Hayden Run Section Three into Hayden Run Property Ownership. NOW, THEREFORE, the Declaration is supplemented as follows: 1. Declaration. Declarant hereby expressly declares that Hayden Run Section Three 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 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 Three hereafter and for all purposes shall be included in the definition of "Tract" as defined in paragraph 1(r) of the Declaration. 56040_1.doc .. 1 ~ - _, 2. Description of Lots. There shall be twenty-nine (29) Lots, Numbered 42-70 in Hayden Run Section Three as shown on the Supplemental Plat for Hayden-Run Section Three. Hayden Run Property Ownership or the Tract now has seventy (70) Lots , 3. .:.Square Footage: All Dwelling Units located on Lots in Hayden Run Section Three, 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 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 Hayden Run Section Three prepared by Stoeppelwerth & Associates, Inc., certified by Dennis D. Olmstead, a registered land surveyor under the date of the -~L day of r~c~?~ 2003, 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 33~ day of ~e~.ee~-ijan , 2003 as Instrument No.o7~03 60 ~ Z/ 7s 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.- EXECUTED the day and year first above written. CENTEX HOMES, a Nevada general partnership By: Centex Rea s 1te ,Corporation, a Nevada Its: Man~ng 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 khown to be the Division President of Centex Real Estate '' Corporation, the managing general partner of Centex Homes, arid acknowledged the execution of -the foregoing "Supplemental Declaration of Hayden Run Property Ownership" on behalf of said corporation. - y~ 1' .}_^ WITNESS my hand and Notarial Seal this ~~ day of h~~QI~'t(~ , 2003. ..~ ~S 4~ ~i uVWi ~. ~ ~ ~ ~ ~~':~'_ Public ~i~~~. (Printe Signat r ) ~ . A ,\ My Commission Expires. ~,,,~~.i~,A ~.~~~~~~ ~\ My Conuntny~o~f R~ensidence: 1 I~VIA' \ (~V This instrument prepared by Tammy K. Haney, Attorney at Law, Bose McKinney & Evans LLP, 600 East 96"' Street, Suite 500, Indianapolis, Indiana 46240. ssoao_iao~ 3 EXHIBIT A HAYDEN RUN SECTION 3 Commencing at the Northeast corner of said.Quarter Section; thenceSouth 00 degrees 00~ -minutes 34 seconds East (assumed bearing) along the East line of the said Quarter section ,,1,510.98 feet to the POINT OF BEGINNING; thence continuing South 00 degrees 00 minutes 34 seconds East along said East line, 470.14 feet; thence South 89 degrees 47 minutes 09 seconds West ],100.00 feet; thence North 00 degrees 00 minutes 34 secondsWest parallel to the said East line 639.92 feet to the Southwest corner of Hayden Run Section Two Recorded as Instrument No. 200300081942, Plat Cabinet 3; Slide 230 in the Office of the Recorderof Hamilton County Indiana, the followingtwelve(12) courses being on and along the -South bow~dary ofsaid Hayden Run Section Two; 1.) South 89 degrees 59 minutes 34 seconds East 236.48 feet to a point on a curve concave westerly; the radius point ofsaid curve being South 68 degrees 19 `minutes 09 seconds West 20.00 feet from said point; 2.) southerly along said curve 25.66 feet to the poutt of tangency of said curve, said point being South 38 degrees 09 minutes 59 seconds East 20.00 feet from the radius point of said curve; 3.) South 38 degrees 09 minutes 59 seconds East 70.00 feet to a point on a curve concave southeasterly, the radius point ofsaid curve being South 38 degrees 09 minutes 59 seconds East 165.00 feet from said point; 4.) northeasterly along said curve 20.82 feet to the point of tangency of said curve, said point being North 30 degrees 56 minutes 09 seconds West 165.00 feet from the radius point ofsaid curve; 5.) South 37 degrees 47 minutes 39 seconds East 136.49 feet; 6.) North 60 degrees 55 minutes 24 seconds East 152.83 feet; 7.) North 21 degrees 28 minutes 55 seconds West 136:19 feet; 8.) North 60 degrees 55 minutes 24.seconds East 129.12 feet to the point of curvature of a curve concave southerly, the radius point ofsaid curve being South 29 degrees 04 minutes 36 seconds East 20.00 feet from said point; 9.) easterly along said curve 29.25 feet to the point of tangency of said curve, said point being North 54 degrees 43 minutes 46 seconds East 20.00 feet from the radius point ofsaid curve; 10.) North 54 degrees 39 minutes 20 seconds East 50.00 feet to a point on a curve concave easterly, the radius point ofsaid curve being North 54 degrees 43 minutes 46 seconds East 20.00 feet from said point; 11.) northerly along said curve 28.87 feet to the point of tangency of said curve, said point being North 42 degrees 33 minutes 11 seconds West 20.00 feet from the radius point ofsaid-curve, said point also being the point of curvature of a curve concave northwesterly, the radius point of said curve being North 42 degrees 33 minutes 11 seconds West 335.00 feet from said point; 12.) northeasterly along said curve 101.22 feet to the point of tangency ofsaid curve, said point being South 59 degrees 51 minutes 57 seconds East 335.00 feet from the radius point ofsaid curve said point also being on the Soutli lice of Hayden Run Section One Recorded as Instrument #200200071381 on Plat Cabinet 3 and Slide 58 in the Office of the Recorder of Hamilton County Indiana, the following four (4) courses being on and alongthe Southern line of said Hayden Run Section One; 1.) South 59 degrees 51 minutes 57 seconds East 135.00 feet; 2.) South 30 degrees 45 minutes 25 seconds West 38.75 feet; 3.) South 35 degrees 16 minutes 14 seconds East 345.37 feet; 4.) South 89 degrees 59 minutes 34 seconds East 100.00 feet to the place of beginning. Containing 15.920 acres, more or less, subject to all legal highways, rights-of--ways, easements, and restrictions of record. This subdivision consists of 29 lots numbered 42-70 (both inclusive) and 4 Common Areas labeled 4-7 (both inclusive). The size of lots and width of streets are shown in feet and decimal 52726 1.tloc parts Chereof. Cross-Reference is hereby i7~ade to a survey plat prepared by Stoeppelwei th & Associates, Inc. in accordance with Title $65, Article 1, Chapter 12 of tfre hidiana Administrative Code recorded as InstiumentNumber 20020007 1 3 8 1 on Plat Cabinet 3 and Slide 58 in theOffice of the Recorder of Hamilton County, Indiana.