HomeMy WebLinkAbout1st Amendment to Declaration of Condominium Ownership RECORDED2011009360 AMND DECL $31.00
02/14/2011 09:02:53A 9 PGS
Mary L. Clark
Cross Reference: Instrument No. 2010066955 HAMILTON County Recorder IN
Recorded as Presented
Cross Reference: Instrument No. 2010066956 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIII�IIIII IIII
'IRST AMENDMENT TO THE DECLARATION OF CONDOMINIUM
�s OWNERSHIP
FOR
THE CARMEL CITY CENTER CONDOMINIUM BUILDING 1
This First Amendment to The Declaration of Condominium Ownership for the
Carmel City Center Condominium Building 1 (the "Amendment executed the :J ay
of February, 2011 by Carmel City Center, LLC, WITNESSES:
RECITALS
WHEREAS, Declarant executed that certain Declaration of Condominium
Ownership for the Carmel City Center Condominium Building 1 dated December 13,
2010, and recorded in the Recorder's Office as Instrument No. 2010066955 (the
"Original Declaration
WHEREAS, thereafter, Declarant subdivided Unit 703 (as described in the
Original Declaration) into Unit 703 and Unit 704, and changed the designation and
address of Unit 704 (under the Original Declaration) to Unit 705;
WHEREAS, Declarant also included certain rooftop gardens as Limited Common
Areas of Unit 702 and Unit 704 (Newly Created Unit), which affect the Building
Percentage Interest and Residential Percentage Interest of Owners of the Premises, a legal
description of which is attached hereto as Exhibit A and made hereof for all purposes;
and
WHEREAS, such changes are graphically reflected in an amendment to the Plans,
and Declarant, with the consent of all other Owners, also desires to reflect such changes
by amending the Original Declaration;
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are acknowledged hereby, Declarant imposes the following
covenants, restrictions, and agreements upon the entire Premises:
1. Building Percentage Interest Declarant declares that Exhibit D -1 attached hereto
made part hereof for all purposes, shall supersede Exhibit D -1 of the Original Declaration
and shall serve as the Building Percentage Interest of Owner for all purposes.
2. Residential Percentage Interest Declarant declares that Exhibit D -2 attached
heraffAAmrposes, shall supersede Exhibit D -2 of the Original
Su�e� final acc prance for transfer
a of c$
Y 20
T A= &"ahkditor of Hamilton County
Parcel
Declaration and shall serve as the Residential Percentage Interest of Owners of
Residential Units for all purposes.
3. Miscellaneous All capitalized terms used but not defined herein shall have the
meanings ascribed to such terms in the Original Declaration. In the event there is a
conflict between the Original Declaration and this Amendment, the terms and conditions
of this Amendment shall govern. Except as expressly provided in this Amendment, all of
the terms and conditions of the Original Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant has executed this Amendment as of the date
set forth above.
Carmel City Center, LLC
an Indi ited liability company
By
Ronald Brown, Senior Vice President
STATE OF �iti di an A
ss
COUNTY OF 9"" A"
This instrument as ACKNOWLEDGED before me on the
ra Authoriz d
6 L e of C f C-
On be alf of said
otary Public
My CBrnmission Expires:
7- .�6 -w /3
day of February, 2011, by
I affirm, under penalty of perjury, that I have taken reasonable care to redact each social
security number in this document, unless required by law, Ronald Brown.
This instrument we prepared by Ronald Brown, Attorney I.D 18348 -49, Pedcor Bancorp,
One Pedcor Square, 770 3` Avenue, S.W., Carmel, Indiana 46032.
JEREMY BUCHANAN
Marion County
;`NOru v'_
fi
My Commission Expires
July 26, 2012
I affirm, under penalty of perjury, that I have taken reasonable care to redact each social
security number in this document, unless required by law, Ronald Brown.
This instrument we prepared by Ronald Brown, Attorney I.D 18348 -49, Pedcor Bancorp,
One Pedcor Square, 770 3` Avenue, S.W., Carmel, Indiana 46032.
Donald R. Mosson Page I 10 /6/2010
MAMMANK.MCarmcl City Center, LLMondominium DoeurnmtABuilding 11Exhib1tslExbibi1 A.DOC
EXHIBIT A
LAND DESCRIPTION
Overall Building "A" Garage Level Retail
A portion of the property of Carmel City Center, LLC
A part of Instrument Number 200600060668
September 1, 2010
A part of the Northeast Quarter of Section 36 Township 18 North, Range 3 East of the
Second Principal Meridian, Clay Township, Hamilton County, Indiana, being further
defined from elevation 850.03 feet (first floor) to 944.66 (bottom of eighth floor slab)
(NGVD 1929) more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter. of Section 36, Township
18 North, Range 3 East; thence South 89 degrees 12 minutes 1.3 seconds West (Basis of
Bearings assumed from the Quitclaim Deed granted to Carmel City Center, LLC "City
Center tract (recorded as Instrument Number 200600060668 in the Office of the
Recorder of Hamilton County, Indiana) 707.40 feet along the North Line of said.
Northeast Quarter to the northeastern corner of the 1.800 -acre tract of Land "Monon
Tract described in the QUITCLAIM DEED (recorded as Instrument Number
9909923664 in said Recorder's Office); thence South 00 degrees 51 minutes 54 seconds
East 284.25 feet along the eastern boundary of said Monon Tract to the southern right-of-
way line of 126 Street (City Center Drive) (ref: see the 3.549 -acre tract of land 126
Street Mueller East Tract described in the CO- CONSERVATORS' DEED recorded
as Instrument Number 9909923663 in said Recorder's Office), the following three (3)
courses are along said southern right -of -way line; (1) thence North 77 degrees 00 minutes
25 seconds East 96.48 feet; (2) thence North 89 degrees 36 minutes 45 seconds East
167.49 feet; (3) thence South 89 degrees 56 minutes 58 seconds East 53.59 feet to the
POINT OF BEGINNING of this description, being the southwestern comer of the
0.016 -acre tract of land in said City Center Tract (the following three courses are along
the boundary thereof); (I) thence North 00 degrees 00 minutes 00 seconds 10.48 feet; (2)
thence North 90 degrees 00 minutes 00 seconds East 65.71 feet; (3) thence South 00
degrees 00 minutes 00 seconds 10.54 feet to a point on said southern right -of -way Iu1e of
126 Street; thence South 89 degrees 56 minutes 58 seconds East 54.33 feet along said
southern right- of-way line to the point of beginning of the 0.023 -acre tract of land in said
City Center Tract (the following five (5) courses are along the boundary thereof); (1)
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thence North 00 degrees 00 minutes 00 seconds 12.41 feet; (2) thence North 90 degrees
00 minutes 00 seconds East 45.83 feet; (3) thence South 00 degrees 00 minutes 00
seconds 2.00 feet; (4) thence North. 90 degrees 00 minutes 00 seconds East 3 9.8 3 feet; (5)
thence South 00 degrees 00 minutes 00 seconds 10.48 feet to a point on said southern
right -of -way line of 126 Street; thence South 89 degrees 56 minutes 58 seconds East
34.63 feet along said southern right-of-way lutee to the point of beginning of the 0.011
acre tract of land in said City Center Tract (the following three (3) courses are along the
boundary thereof); (1) thence North 00 degrees 00 minutes 00 seconds 10.27 feet; (2)
thence North 90 degrees 00 minutes 00 seconds East 45.08 feet; (3) thence South 00
degrees 00 minutes 00 seconds 30.7£ feet along the eastern Iine of said 0.011 -acre tract
and its southerly extension; thence North 89 degrees 59 minutes 31 seconds East 8.29
feet; thence South 00 degrees 00 minutes 29 seconds East 49.08 feet; thence South 89
degrees 59 minutes 31. seconds West 10.21 feet; thence South 00 degrees 00 minutes 29
seconds East 10.96 feet; thence North 89 degrees 59 minutes 31 seconds East 36.81 feet
to the western right -of -way line of Range Line Road; thence North 00 degrees 54 minutes
50 seconds East 0.94 feet along said western right -of -way lane to the point of beginning
of the 0.081 -acre tract of land in said City Center Tract (the following eighteen (18)
courses are along the boundary thereof); (1) thence North 90 degrees 00 minutes 00
seconds East 7,04 feet; (2) thence South 00 degrees 03 minutes 26 seconds West 6.84
feet; (3) thence North 89 degrees 56 minutes 34 seconds West 2.03 feet; (4) thence South
00 degrees 03 minutes 26 seconds West 7.95 feet; (5) thence North 90 degrees 00
minutes 00 seconds East 12.19 feet to a point on a non tangent curve concave to the
southwest, said point being North 59 degrees 40 minutes 02 seconds West 4.16 feet from.
the radius point of said curve; (6) thence clockwise 15.21 feet along said curve to a point
being South 30 degrees 19 minutes 33 seconds East 4.16 feet from the radius point of
said curve; (7) thence South 00 degrees 00 minutes 00 seconds 23.47 feet to a point on a
non tangent curve concave to the west, said point being North 30 degrees 09 minutes 16
seconds East 4.17 feet from the radius point of said curve; (8) thence clockwise 8.70 feet
along said curve to a point being South 30 degrees 09 minutes 16 seconds East 4.17 feet
from the radius point of said curve; (9) thence South 00 degrees 00 minutes 00 seconds
22.70 feet to a point on a non- tangent curve concave to the west, said point being North
30 degrees 24 minutes 13 seconds East 4.17 feet from the radius point of said curve; (10)
thence clockwise 8.68 feet along said curve to a point being South 30 degrees 24 minutes
13 seconds East 4.17 feet from the radius point of said curve; (11) thence South 00
degrees 00 minutes 00 seconds 22.90 feet to a point on a non tangent curve concave to
the west, said point being North 30 degrees 10 minutes 36 seconds East 4.17 feet from
the radius point of said curve; (12) thence clockwise 8.70 feet along said curve to a point
being South 30 degrees 10 minutes 36 seconds East 4.17 feet from the radius point of
said curve; (13) thence South 00 degrees 00 minutes 00 seconds 20.33 feet; (14) thence
Donald R. Mosson Page 3 1016!1010
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South 90 degrees 00 minutes 00 seconds East 6.18 feet; (15) thence South 00 degrees 00
minutes 00 seconds 1.83 feet to a point on a non.- tangent curve concave to the northwest,
said point being South 89 degrees 59 minutes 21 seconds East 7.46 feet from the radius
point of said curve; (16) thence southerly and southwesterly 4.36 feet along said curve to
a point being South 56 degrees 29 minutes 20 seconds East 7.46 feet from the radius
point of said curve; (17) thence South 48 degrees 13 minutes 02 seconds West 32.14 feet
to the point of curvature of a curve to the right, said point of curvature being North 41
degrees 46 minutes 58 seconds West 26.50 feet from the radius point of said curve; (18)
thence southwesterly 10.19 feet along said curve to a point on said western right -of -way
line of Rangeline Road, said point being North 63 degrees 49 minutes 18 seconds West
2650 feet from the radius point of said curve; thence South 89 degrees 59 minutes 31
seconds West 9.46 feet; thence South 00 degrees 00 minutes 29 seconds East 11.86 feet;
thence South 89 degrees 59 minutes 31 seconds West 0.65 feet; thence South 00 degrees
00 minutes 29 seconds East 85.51 feet to the point of curvature of a curve concave to the
northwest, said point being North 29 degrees 46 minutes 47 seconds East 6.21 feet from
the radius point thereof; thence clockwise 24.36 feet along said curve to a point being
South 74 degrees 41 minutes 49 seconds West 6.21 feet from said radius point; thence
South 89 degrees 59 minutes 31 seconds West 94.91 feet; thence North 00 degrees 00
minutes 29 seconds West 210.24 feet; thence South 89 degrees 59 minutes 31 seconds
West 39.65 feet; thence North 00 degrees 00 minutes 29 seconds West 29.26 feet; thence
South 89 degrees 59 minutes 31 seconds West 203.89 feet; thence North 00 degrees 00
minutes 29 seconds West 90.96 feet; thence North 89 degrees 59 minutes 31 seconds East
39.62 feet; thence North 00 degrees 00 minutes 29 seconds West 20.71 feet to the POINT
OF BEGINNING, containing 70,161.8 square feet (1.611 acres) more or less.
AILSO.
A part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East of the
Second Principal Meridian, Clay Township, Hamilton County, Indiana, being further
defined from elevation 831.41 feet (garage floor) to 849.45 (bottom of first floor slab)
(NGVD 1929) more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter of said Section 36,
Township 18 North, Range 3 East; thence South 00 degrees 13 minutes 54 seconds East
(Basis of Bearings assumed from the Quitclaim. Deed granted to Pedcor Office, LLC
"Grantor (recorded as Instrument Number 200500045693 in the Office of the Recorder
of Hamilton County, Indiana) 353.46 feet along the East Line of said Northeast Quarter;
Donald R. Mosson Page 4 10/6/2010
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thence South 89 degrees 59 minutes 31 seconds West 74.67 feet to the northeastern
comer of the garage floor interior walls of the retail areas known as RA01 through RA04,
inclusive, and the. POINT OF BEGINNING of this description (the following seventy
two (72) courses are along the perimeter of said. retail areas); (one) thence South 00
degrees 00 minutes 29 seconds East 2 feet; (two) thence North 89 degrees 59 minutes
31 seconds East 4.65 feet; (three) thence South 00 degrees 00 minutes 29 seconds East
91.11 feet; (four) thence South 89 degrees 59 minutes 31 seconds West 14.79 feet; (five)
thence South 00 degrees 00 minutes 29 seconds East 29.33 feet; (six) thence South 89
degrees 59 minutes 31 seconds West 0.33 feet; (seven) thence North 00 degrees 00
minutes 29 seconds West 0.33 feet; (eight) thence South 89 degrees 59 minutes 31
seconds West 2.67 feet; (nine) thence South 00 degrees 00 minutes 29 seconds East 2.67
feet; (ten) thence South 89 degrees 59 minutes 31 seconds West. 0.21 feet; (eleven) thence
South 00 degrees 00 minutes 29 seconds East 86.70 feet; (twelve) thence South 89
degrees 59 minutes 31 seconds West 17.51 feet; (thirteen) thence South 00 degrees 00
minutes 29 seconds East 0.64 feet; (fourteen) thence South 89 degrees 59 minutes 31
seconds 'West 2.28 feet; (fifteen) thence South 00 degrees 00 minutes 29 seconds East
2.67 feet; (sixteen) thence North 89 degrees 59 minutes 31 seconds East 2.28 feet;
(seventeen) thence South 00 degrees 00 minutes 29 seconds East 6.42 feet; (eighteen)
thence South 89 degrees 59 minutes 31 seconds West 6.72 feet; (nineteen) thence South
00 degrees 00 minutes 29 seconds East 8.48 feet; (twenty) thence South 89 deb ees 59
minutes 31 seconds West 4.09 feet; (twenty -one) thence South 00 degrees 00 minutes 29
seconds East 8.50 feet; (twenty -two) thence South 89 degrees 59 minutes 31 seconds
west 8.83 feet; (twenty three) thence North 00 degrees 00 minutes 29 seconds West 6.30
feet; (twenty -four) thence South 89 degrees 59 minutes 31 seconds West 3.99 feet;
(twenty -five) thence North 00 degrees 00 minutes 29 seconds West 5.67 feet; (twenty
six) thence South 89 degrees 59 minutes 31 seconds West 18.01 feet; (twenty seven)
thence North 00 degrees 00 minutes 29 seconds West 11.4 feet; (twenty eight) thence
North 89 degrees 59 minutes 31 seconds East 2.03 feet; (twenty -nine) thence North 00
degrees 00 minutes 29 seconds West 2.03 feet; (thirty) thence North 89 degrees 59
minutes 31 seconds East 7.80 feet; (thirty-one) thence North 00 degrees 00 minutes 29
seconds West 1.20 feet,. (thirty-two) thence North 89 degrees 59 minutes 31 seconds East
6.00 feet; (thirty -three) thence North 00 degrees 00 minutes 29 seconds West 10.04 feet;
(thirty -four) thence South 89 degrees 59 minutes 31 seconds West 6.00 feet; (thirty-five)
thence North 00 degrees 00 minutes 29 seconds West 12.64 feet; (thirty -six) thence South
89 degrees 59 minutes 31 seconds West 17.97 feet; (thirty seven) thence North 00
degrees 00 minutes 29 seconds West 48.27 feet; (thirty eight) thence North 89 degrees 59
minutes 31 seconds East 16.57 feet; (thirty -nine) thence North 00 degrees 00 minutes 29
seconds West 7.46 feet; (forty) thence South 89 degrees 59 minutes 3I seconds West
16.54 feet; (forty -one) thence North 00 degrees 00 minutes 29 seconds West 10.39 feet;
Donald R. Masson Pap 5 1016i'3010
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(forty -two) thence North 89 degrees 59 minutes 31 seconds East 27.47 feet; (forty three)
thence South 00 degrees 00 minutes 29 seconds East 2.03 feet; (forty -four) thence North
89 degrees 59 minutes 31 seconds Fast 20.64 feet; (forty -five) thence North 00 degrees
00 minutes 29 seconds West 30.64 feet; (forty -six.) thence South 89 degrees 59 minutes
31 seconds West 4717 feet; (forty- seven) thence North 00 degrees 00 minutes 29
seconds West 31.35 feet; (forty eight) thence North 89 degrees 59 minutes 31 seconds
East 8.67 feet; (forty -nine) thence South 00 degrees 00 minutes 29 seconds East 17.55
feet; (fifty) thence North 89 degrees 59 minutes 31 seconds East 731 feet; (fifty -one)
thence South 00 degrees 00 minutes'29 seconds East 3.92 feet; (fifty -two) thence North
89 degrees 59 minutes 31 seconds East 8.77 feet; (fifty- three) thence North 00 degrees 00
minutes 29 seconds West 41.78 feet; (fifty -four) thence South. 89 degrees 59 minutes 31
seconds West 3.31 feet; (fifty -five) thence North 00 degrees 00 minutes 29 seconds West
I3.92 feet; (fifty -six) thence South 89 degrees 59 minutes 31 seconds West 6.57 feet;
(fifty- seven) thence North 00 degrees 00 minutes 29 seconds West 12.52 feet; (fifty-
eight) thence North 89 degrees 59 minutes 31 seconds East 1338 feet; (fifty -nine) thence
North 00 degrees 00 minutes 29 seconds West 11.26 feet; (sixty) thence North 89 degrees
59 minutes 31 seconds East 1.06 feet; (sixty-one) thence North 00 degrees 00 minutes 29
seconds West 2.03 feet; (sixty -two) thence North 89 degrees 59 minutes 31 seconds East
17.33 feet; (sixty- three) thence South 00 degrees 00 minutes 29 seconds East 2.03 feet;
(sixty -four) thence North 89 degrees 59 minutes 31 seconds East 2.67 feet; (sixty -five)
thence North 00 degrees 00 minutes 29 seconds West 30.00 feet; (sixty -six) thence North
89 degrees 59 minutes 31. seconds East 0.17 feet; (sixty seven) thence North 00 degrees
00 minutes 29 seconds West 1.50 feet; (sixty eight) thence North 89 degrees 59 minutes
31 seconds East 17.33 feet; (sixty -nine) thence South 00 degrees 00 minutes 29 seconds
East 1.33 feet; (seventy) thence North 89 degrees 59 minutes 31 seconds East 2.33 feet;
(seventy -one) thence North 00 degrees 00 minutes 29 seconds West 1.33 feet; (seventy
two) thence North 89 degrees 59 minutes 31 seconds East 10.65 feet to the POINT OF
BEGINNING, containing 13 square feet, more or less.
EXHIBIT D -1
BUILDING PERCENTAGE INTEREST
RETAIL UNIT 1
14.3054%
RETAIL UNIT 2
9.9132%
RESIDENTIAL APARTMENT UNIT
62.4540%
RESIDENTIAL HOME UNIT 601
1.4252%
RESIDENTIAL HOME UNIT 602
1.6417%
RESIDENTIAL HOME UN IT 603
1.6562%
RESIDENTIAL HOME UN IT 604
1.4620%
RESIDENTIAL HOME UN IT 605
1.3474%
RESIDENTIAL HOME UNIT 701
1.8134%
RESIDENTIAL HOME UNIT 702
1.6086%
RESIDENTIAL HOME UNIT 703
0.6360%
RESIDENTIAL HOME UNIT 704
0.9233%
RESIDENTIAL HOME UNIT 705
0.8135%
100.0000%
EXHIBIT D -2
RESIDENTIAL PERCENTAGE INTEREST
RESIDENTIAL APARTMENT UNIT
78.5094%
RESIDENTIAL HOME UNIT 601
2.2377%
RESIDENTIAL HOME UNIT 602
2.2479%
RESIDENTIAL HOME UNIT 603
2.5683%
RESIDENTIAL HOME UNIT 604
2.0490%
RESIDENTIAL HOME UNIT 605
1.9784%
RESIDENTIAL HOME UNIT 701
3.7979%
RESIDENTIAL HOME UNIT 702
2.7153%
RESIDENTIAL HOME UNIT 703
0.8940%
RESIDENTIAL HOME UNIT 704
1.8436%
RESIDENTIAL HOME UNIT 705
1.1586%
100.0000%