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Home My WebLink About3 Thrid Amendment to Declaration of Condo Ownership RECORDEDCross Reference Cross Reference Cross Reference Cross Reference: Cross Reference: Cross Reference: Cross Reference: Instrument No. 2010066955 Instrument No, 2010066956 instrument No. 2011009360 Instrument No 2011009361 Instrument No. 2011064759 Instrument No, 2011064760 instrument No rA tr LA: 2012024564 AMENDMENT $30.00 05/04/2012 04:18:42P 7 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented 1111,.111111111111111111Mallfill IIJ l III 11 THIRD AMENDMENT TO THE DECLA TION OF CONDOMINIUM OWNERSHIP FOR THE CA L CITY CENTER CONDOMINIUM BUILDING 1 This Third Amendment to The Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 (the "Third Amendment") executed the 4 day of May 2012, 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 Instrtunent No. 2010066955 (the "Original Declaration"); WHEREAS, Declarant executed that certain First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated February 9, 2011, and recorded in the Recorder's Office as Instrument No. 2011009360 (the "First Amendment") whereby 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 and Declarant also included certain rooftop gardens as Limited Common Areas of Unit 702 and Unit 704 that revised the Building Percentage Interest and Residential Percentage Interest of Owners of the Premises; WHEREAS, Declarant executed that certain Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated December 8, 2011, and recorded in the Recorder's Office as instrument No. 2011064760 (the "Second Arnendment", together with the First Amendment and the Original Declaration as amended, sometimes herein collectively referred to as "Declaration") whereby Declarant subdivided Unit 603 (as described in the Original Declaration) into Unit 603 and Unit 605 and Unit 605 (as described in the Original Declaration) into Unit 606 and Unit 607, and changed the designations and addresses of these Units and Declarant also included Limited Common Areas of Units 603, 606, and 607, which, together with Unit 605, revised the Building Percentaae Interest a9 Residential Percentage Interest of Owners of the Premises; and DULY ENTERED FOR TA TON Subjct to 'Ina! acceptance or transfer ,fi dav of y 20/ Auditor of Hamilton County WHEREAS, thereafter, Declarant created Units 703, 704, and 705 ("Newly Created Units") to replace Units 703, 704, and 705 as described in the Original Declaration, and kept the designations and addresses of these Units the same and Declarant also included certain rooftop gardens and Limited Common Areas of Newly Created Units 703, 704, and 705, which affect the Building Percentage interest and Residential Percentage Interest of Owners of the Premises; WHEREAS, Declarant created First Floor Retail Unit 1 ("Retail Unit 1") that encompasses Retail Units A10] A109, A117, A119, Al27, A130, A136, A140, and A151, which affect the Building Percentage Interest and Retail Percentage Interest of Owners of the Premise; WHEREAS, Declarant created First Floor Retail Unit 2 ("Retail Unit 2") that encompasses Retail Units A113, A144, A149, A155, A159, A170, A174, and A176, which affect the Building Percentage Interest and Retail Percentage Interest of Owners of the Premise; WHEREAS, Declarant defined Retail Limited Common Area which consists of all Limited Common Area exclusive to Retail Units, and Declarant may at any time segregate portions of Retail Limited Common Area for the exclusive use of a Retail Unit; 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 Declaration. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, Declarant irnposes the following covenants, restrictions, and agreements upon the entire Premises: 1. Amendment. The following section of the .Declarations shall be amended as follows: (a) Definitions. The following definition shall he added to the Declaration as Section 1.67A" "Retail Limited Common Area" shall mean that portion of the Limited Common Area situated on the l Floor of the Building, and designated "First Floor Retail-Common Area". (h) Retail Limited Common Area. The following provision concerning Retail Limited Common Area shall be added to this Declaration as Section 2.7.6: "Retail Limited Common Area shall constitute Limited Common Area for the Retail Units. So long as all of the Owners of the Retail Units agree in writing concerning the applicable Retail Limited Common Area, an Owner of a Retail Unit shall have the right and authority to segregate a portion of the Retail Limited Common. Area for the exclusive use of s Retail Unit provided that such segregation does not Jinreasoriqbly interfere with access to Units. The right to segregate Retail Limited Common Area shall include the right to erect or extend walls around such areas and treat such area as the interior of a Retail Unit. Other than as set forth in this paragraph, segregation. of Retail Limited Common Area for the -exclusive use of a. Retail Unit shall not require the approval or consent of any Owner or person, and no Owner of a Residential Unit shall have the right to object to or challenge such segregation." 2. Building Percentage Interest. Declarant declares that Exhibit D-1 attached hereto made part hereof for all purposes, shall supersede Exhibit D-1 of the Declaration and shall serve as the Building Percentage Interest of Owner for all purposes. 3. Residential Percentage Interest. Declarant declares that Exhibit D-2 attached hereto made part hereof for all purposes, shall supersede Exhibit D-2 of the Declaration and shall serve as the Residential Percentage Interest of Owners of Residential Units for all purposes. 4. Retail Percentage Interest. Declarant declares that Exhibit D-3 attached hereto made part hereof for all purposes, shall supersede Exhibit D-3 of the Declaration and shall serve as the Retail Percentage Interest of Owners of Retail Units for all purposes. 5. Miscellaneous. All capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Declaration. In the event there is a conflict between the 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 Declaration shall remain in fidl force and effect. IN WITNESS WHEREOF, Declarant has executed this Amendment as of the date set forth above. Carmel City Center an Ir Fina liri[ 6-0 iiabiity company By: Ronald [NOTARY PAGE TO FOLLOW] or Vice-President STATE OF ftv1:),, glivA _D ss COLIN OF My C.rnrnissi. Exires: 1, a This instrument instrument as ACKNOWLEDGED before me on the H day of 2012, by rz.409ti Authorized j e of On behalf of said Notary Public NOIARY GEN JANE L. KIEFER Hamilton County My Commission Expires March 8, 2018 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, Jesus C. Rivera. This instrument we prepared by Jesus C. Rivera, Pedcor Bancorp, One Pedcor Square, 770 3 Avenue, S.W., Carmel, Indiana 46032.