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HomeMy WebLinkAbout2 Second Amendment to Declaration $ 910 l' 4)Co1 r�� C Celia Cross Reference: Instrument No. 2010066955 9 B(20II w Cross Reference: Instrument No. 2010066956 �.d. �G, ,o Cross Reference: Instrument No. 2011009360 0' 9 Ol64L SECOND AMENDMENT TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE CARMEL CITY CENTER CONDOMINIUM BUILDING 1 This Second Amendment to The Declaration of Condominium Ownership for the Ca el City Center Condominium Building 1 (the "Second Amendment") executed the day of December, 2011 by Cannel 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, Declarant executed that certain First Amendment to the Declaration of Condominium Ownership for the Cannel City Center Condominium Building 1 dated February 9, 2011, and recorded in the Recorder's Office as Instrument No. 2011009360 (the "First Amendment", together with the Original Declaration sometimes herein collectively referred to as "Declaration") 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, thereafter, Declarant subdivided Unit 603 (as described in the Original Declaration)into Unit 603 and Unit 605 (Newly Created Units) and Unit 605 (as described in the Original Declaration) into Unit 606 and Unit 607 (Newly Created Units), and changed the designations and addresses of these Units; WHEREAS, Declarant also included Limited Common Areas of Newly Created Units 603, 606, and 607, which, together with Newly Created Unit 605, affect the Building Percentage Interest and Residential Percentage Interest of Owners of the Premises; 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 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 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 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. 3. 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 full force and effect. IN WITNESS WHEREOF, Declarant has executed this Amendment as of the date set forth above. Carmel City Center, LLC an Indiana limited ity company /.- 4, ✓�� By: Ronald Brown; Senior Vice-President [NOTARY PAGE TO FOLLOW] STATE OF—11h, C-rt_L ) 1r) ) ss COUNTY OF re-1, This instrument as ACKNOWLEDGED before me on the c-)---day of December. 2011, by ono/ix( eievi+.--. ,Authorized ete(� of car ra-).e ( ei-f-sl Cerreer, 2-2-e-' On behalf of said P-. ,n,;-„4 (I etts= r I till ec,,,y- . ,co.PPxe�c TERRE L.CROSS • *AflY Marion County Notary Pu s lie sEAL ` My Commission Expires ,r �I ''ik: N°" August 30.2015 • My Commission Expires: iy 30 if 2--1)/ 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, Shelby Bowen. This instrument we prepared by Shelby Bowen, Pedcor Bancorp, One Pedcor Square, 770 3`d Avenue, S.W., Carmel, Indiana 46032. • • • • EXHIBIT D-1 • BUILDING PERCENTAGE INTEREST • RETAIL UNIT 1 14.2943% RETAIL UNIT 2 9.9055% RESIDENTIAL APARTMENT UNIT 62.4055% RESIDENTIAL HOME UNIT 601 1.4241% RESIDENTIAL HOME UNIT 602 1.6404% RESIDENTIAL HOME UNIT 603 1.0276% RESIDENTIAL HOME.UNIT 604 1.4609% RESIDENTIAL HOME UNIT 605 0.6273% RESIDENTIAL HOME UNIT606 0.8291% RESIDENTIAL HOME UNIT 607 0.5949% RESIDENTIAL HOME UNIT 701 1.8120% RESIDENTIAL HOME UNIT 702 1.6074% RESIDENTIAL HOME UNIT 703 0.6355% RESIDENTIAL HOME UNIT 704 0.9226% RESIDENTIAL HOME UNIT 705 0.8129% 100.0000% • • • EXHIBIT D-2 RESIDENTIAL PERCENTAGE INTEREST RESIDENTIAL APARTMENT UNIT 78.3069% RESIDENTIAL HOME UNIT 601. 2.2319% RESIDENTIAL HOME UNIT602 2.2415% RESIDENTIAL HOME UNIT 603 1.7745% RESIDENTIAL HOME UNIT 604 2.0437% RESIDENTIAL HOME UNIT 605 0.7872% RESIDENTIAL HOME UNIT 606 1.4403% RESIDENTIAL HOME UNIT 607 0.7915% RESIDENTIAL HOME UNIT 701 3.7881% RESIDENTIAL HOME UNIT 702 2.7083% RESIDENTIAL HOME UNIT 703 0.8917% RESIDENTIAL HOME UNIT 704 1.8388% RESIDENTIAL HOME UNIT 705 1.1557% 100.0000%