HomeMy WebLinkAboutDeclaration of HPR Restrictions First Amendment RECORDED COPy
Amendment to Declaration of Horizon t la ENTERED FOR TAXATION
RPIN it9elnfice for transfer
rh day of 202J.
AMENDMENT TO DECLARATION F
�444 Auditor of Hamifon County
HORIZONTAL PROPERTY
This Amendment to Declaration made this CP 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 ,title to certain real estate
located in Hamilton County, Indiana, more particularly described in Exhibit "A" attached
to this Amendment to' Declaration.
B. On 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
o day of M a r c h 2001 as Instrument NumberkTV 1 1 ,1 S. Attached to the
Declaration is the Code. of Bylaws of the Ritter's Unit Owners Association, Inc. recorded
on March 2001 as Instrument Number ytTb l 1/t 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. The Real Estate, which was subject to Declaration, is identified as Tracts "A"
on attached Exhibit "A" and Tract "B" on attached Exhibit "B
Paragraph 14 of the Declaration provides that a part of the Real Estate could be
contracted (withdrawn) from the Horizontal Property Regime. Declaration provided in
accordance with the 'conditions of paragraph 14 of the Declaration and the filing of
Amendments to the Declaration by Declarants that this withdrawal could be complished.
All conditions relating to this Amendment and withdrawal of the real estate of Ritter's
Horizontal Property Regime have been met, and Declarants, by the execution of this
Amendment to Declaration, hereby contract (withdraw) the real estate described in
Exhibit "B" from the Horizontal Property Regime known as Ritter's Horizontal Property
Regime.
AMENDMENT
Declarants make this Amendment to Declaration as follows:
1. DECLARATION. Declarants expressly declare that Tract "B described on
Exhibit "B" which does not contain easements, dwelling units, buildings, garages or
other improvements should be contracted from the original Declaration as if it had never
200100011121
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
03 -06- 2 04:15 pm.
HPR DECLAR 23. 00
been included in the Declaration and all terms of the Bylaws, and the rules and
regulations as adopted affecting Exhibit "B" are hereby terminated.
2. DESCRIPTION OF BUILDINGS. There were no buildings or Condominium
Units placed on Tract "B. The Declarants does hereby arnend the Plans. The Amended
Plans are the same as the original Plans and are incorporated herein and marked and
are re- certified by Weihe; Land Surveyors. under the date of the day of March,
2001 all of which is incorporated by reference.
3. OWNERSHIP OF COMMON AREAS AND PERCENTAGE INTEREST. Each
Owner shall have an undivided interest in the Common Areas and Facilities and the
Limited Areas and Facilities as 'provided by the Law with all other Owners, equal to his
Unit's Percentage Interest as stated in the Declaration as follows:
Condominium Unit 1 -A is located in Building A and is a 50% owner in the
undivided common property.
Condominium Unit 1 -B is located in Building B and is a 50% owner in the
undivided common property.
4. ACCEPTANCE AND 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.
5. AMENDED PLANS. The Amended Plans :'setting forth layout location,
identification and dimensions :of Condominium Units identified in original Declaration as
this Amendment and are incorporated into this Declaration; filed as Instru ent Number
with the Office of the Recorder of Hamilton County this day of
2001.
6. The Declarants state that they are the sole Owners of Condominium Units 1 -A
and 1 -B and no Units have been sold to third parties.
EXECUTED this 1. day of "v N 2001.
HERMAN D. SIERZPUTOWSKI
B r.
Declarant and Pres f, nt of Ritter's
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
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: 1A-5-0S/
Notary Public )9 t.Pc} (2,
Residing i Tana
0
JUDITH R. SIERZPUTOWSKI
By: 14 y. i i s
clarant and ecret of 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 5
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: 19 -5- 6 8v
Notary Public
Residing in
This instrument prepared by Gordon D. Byers 949 Conner St., Suite 101
Noblesville, Indiana 46060(317) 773 -3221.
MAR -06 -01 TUE 03:42 PM WEIHE ENGINEERS, INC. FAX NO. 317 43 0546 P.02/04
LAND DESCRIPTION (Parcel "8" of Tract #1)
A part of the East Half of the Southeast Quarter of Section 24, Township 18 North, Range 3 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana being more particularly described
as follows:
Commencing at the southeast corner of the Southeast Quarter of Section 24, Township 18 North, Range 3
East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence North 00
degrees 00 minutes 00 seconds East (assumed bearing) 898.75 feet on the east line of said quarter section to
the southeast corner of that real estate parcel described in record Instrument #90 -455 and recorded in the
Office of the Hamilton County Recorder; thence South 88 degrees 42 minutes 50 seconds West 752.04 feet
on the south line of said parcel to the POINT OF BEGINNING of the herein described real estate parcel;
thence South 88 degrees 42 minutes 50 seconds West 6.66 feet on the south line of said real estate parcel to
the southwest corner thereof; thence North 00 degrees 34 minutes 19 seconds East 143.75 feet on the west
line of said Instrument 090 -455 to the northwest corner thereof; thence North 88 degrees 42 minutes 50
seconds East 214.53 feet on the north line of said real estate; thence South 54 degrees 39 minutes 17
seconds West 256.54 feet to the POINT OP .BEGINNING of the herein described real estate parcel, said
tract contains 0.365 acres more or less.
Subject to record and non record easements, rights -of -way, restrictions and covenants.
rIHK -Ub U1 IUE 11J:4:3 1'f1 WE 1 HE ENGINEERS, INC. FAX NO. 317 843 0546 P. 04/04
LAND DESCRIPTIO N 'arcel "B" of Tract #2)
A part of the East Half of the Southeast ,Quarter of Section 24, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana more particularly described as follows:
Commencing at the Southeast Corner of the East Half of the Southeast Quarter of Section 24, Township 18
North, Range 3 East, Clay Township; Hamilton County, Indiana; thence North 00 degrees 00 minutes 00
seconds East (assumed bearing). on the East line of said Southeast Quarter 898.75 feet to the Southeast
corner of the.real estate in. Instrument Number 90-455 in'.the Office of the Recorder of Hamilton
County, Indiana; thence'South 88 degrees 42 minutes 50 seconds West parallel with-the South line of said
Southcast,Quartcr and the Suuth,line of said real estate 752.04 feet to.the Point'of of the
herein described real estate parcel; thence South 88 degrees 42 minutes 50. seconds West 6.66 feet to the
northwest corner of that real' estate: described in Instrument No 2000 -22945 and recorded in the Office of
the Iamilton County Recorder; thence South 00 degrees 33'minutes 29 seconds: West 4.60 feet; thence
North 54 degrees 39 minutes 17 seconds East 8.20'feet to the Point of Beginning, containing 0.04 acres
more or less.
Subject to record and non record easements, rights -of -way, restrictions and covenants.
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