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HomeMy WebLinkAboutDeclaration of HPR Restrictions Second Amendment RECORDED r Al;3 Second Amendment to iC l♦jf Declaration of Horizontal Property Regime t al1. /c/'? This Second Amendment to Declaration of Ritter's Horizontal Proeprty R gi I made this 3 day of March, 2001 by Herman D. and Judith R. Sierzputowski, "Declarants and as President and Secretary of the Ritter's Horizontal Property Regime Unit Owners Association. RECITALS A. Declarants are the sole owners of the fee simple real estate subject to the Horizontal. Property Regime and are the sole owners of the two Units in the Horizontal Property Regime. It is more.particularly described on Exhibit "A parts 1 2 attached to this Amended Declaration. B. On the 6 day 'of March, 2001, Declarants executed a Declaration of Horizontal Property Regime and of easements, restrictions, covenants, and Bylaws for Ritter's which was recorded in the Office of the Recorder Hamilton County, Indiana, on 6th day of March, 2001 as instrument Number t2c01 111 8 Attached to the Declaration is the Code of Bylaws of the Ritter's Unit Owners Association, Inc. recorded on March 6, 2001 as Instrument Number aoc 1 i (9 in the Office of the Recorder of Hamilton County, Indiana. The Declaration and Bylaws are 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 Amendment to Declaration. C. On the 6 day of March, 2001 the Delcarants executed an amended Declaration and an amended Site Development Plan recorded in the Office of the Recorder of Hamilton County as Instrument No. cool 1 1 1 1 oc, l 11 1 a a, and N The purpose of the First Amendment to Declaration was to withdraw and contract real estate from the Horizontal Property Regime. D. That the Declarants now file a Second Amendment to Declaration of Restrictions, The Declarants hereby file this amendment for the purposes of complying with a signatory requirement by The City of Carmel to place signatures on the amended Site Development Plan of assigning street address and approving the Site Development, Building Plans and Floor Plans for zoning. E. The Real Estate, which was subject to Declaration of Restrictions by this Amendment, is identified as Tracts A -1 and A on attached Exhibit "A" part 1 and part 2. DULY ENTERED FOR TAXATION Subject to final acceptance fir n f or i Fi led f 13231 lntl of ��irG h Filed for Record in 20 O! HAMILTON COUNTY, INDIANA MARY L CLARK ie hoticao Auditor of Hamilton kiky '03 11:42 am. HPR DECLAR 19.00 Parcel r AMENDMENT Declarants make this Amendment to Declaration as follows: 1. DECLARATION. Declarants expressly amends the Site Development Plans, Building Plans and Floor Plans by filing amended Site Development Plans referenced, as Instrument No. Said amended develop plans amends ,.the original Site Development Plan and all prior amendments. 2. ACCEPTANCEAND.RATIFICATION. The acceptance of a deed of conveyance or.the act of occupancy of a Condominium Unit shall constitute an agreement that the provisions of this °Amendment to Declaration, the Declaration, the Act, the Bylaws, and any rules and regulations adopted pursuant to such instruments, 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 Condominium Unit or the Property as if those provisions were recited and stipulated at length and each and every deed, conveyance, mortgage, or ,lease thereof. The Original Declaration Bylaws are hereby incorporated by reference and all terms and defiinitions described during are hereby adopted as the same, shall have the same meaning in this amended Declaration. 3. AMENDED PLANS. The amended Site Development Plans, Building Plans and Floor Plans setting forth layout location, identification and dimensions of Condominium Units identified in this amended Declaration are incorporated into this Declaration add to the plan filed with the Declaration and that have been filed in the Office of the Recorder of Hamilton County executed this day of MA QC 2001. EXECUTED this 13 day of /"IA- PGA 2001. HL D. R pUTOWSKI B t� y 11 i Declarant and Presider H of R Horizontal Property Regime Unit Owners Association STATE OF INDIANA COUNTY OF HAMILTON Before me, a Notary Public in and for said county and state, on the 13.7 day of March 2001 personally appeared Herman D. Sierzputowski, Declarant and President of the Ritter's Horizontal Property Regime. Unit Owners Association, who acknowledged the execution of the foregoing document for and on behalf of the Corporation, and "who, having been duly sworn, stated that the representations contained in it are true. My Commission Expires: 2/?3/2008 Notary Public Jerry L. March Residing in Marion Indiana County JUDITH R. SIERZPUTOWSKI By: C. ..L.41t. .�1. r clarant an Secret- o f the Ritter's orizontal Property Regime Unit Owners Association STATE OF INDIANA COUNTY OF HAMILTON Before me, a Notary Public in and for said county and state, on the )3tI. day of March 2001 personally appeared Judith R. Sierzputowski, Declarant and Secretary of the Ritter's Horizontal Property Regime Unit Owners Association, who acknowledged the execution of the foregoing document for and on behalf of the Corporation, and who, having been duly sworn, stated that the representations contained in it are true. My Commission Expires: 2/232008 J err L(3 March Notary, Public Jerry Residing in Marion Indiana County This instrument prepared by Gordon D. Byers 949 Conner Si, Suite 101 Noblesville, Indiana 46060 `(317) 773 -3221.