HomeMy WebLinkAboutAMENDMENT TO DECLARATION OF COVENANTS AND EASEMENTS Cross Reference
The Declaration of Covenants and Easements amended by this Amendment to Declaration
of Covenants and Easements is recorded as Instrument No. 2000000058577 in the Office of the Hamilton
County Recorder.
AMENDMENT TO DECLARATION OF COVENANTS AND EASEMENTS
This Amendment to Declaration of Covenants and Easements(the"Amendment"),executed
this 'day of ,;hc:;1 ,2001,by and between The City of Carmel Redevelopment Commission("CRC"),
and RH of Indiana, L.P. ("RH"), WITNESSES:
Recitals
1� WHEREAS, CRC and RH have entered that certain Project Agreement dated
j"12c;+ Z(;; , 2001 (the "Project Agreement");
WHEREAS, pursuant to the Project Agreement, RH this day has acquired that certain real
estate more particularly described on Exhibit A (the"RH Site")
WHEREAS, the RH Site is subject to that certain Declaration of Covenants and Easements
recorded as Instrument No.2000000058577 in the Office of the Hamilton County Recorder(the"Declaration");
WHEREAS, the RH Site is the"Single Family Parcel" under the Declaration;
WHEREAS, CRC is the "Declarant" under the Declaration;
® WHEREAS, in connection with the conveyance of the RH Site to RH, CRC, as Declarant has
agreed to limit: (a) the Declared Easements to which the Single Family Parcel is subject; and (b) the areas
of the Single Family Parcel that are subject to Declared Easements; as contemplated by Section 16 of the
Declaration;
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby, CRC and RH agree as follows:
1. Limitation. Notwithstanding anything to the contrary set forth in the Declaration, the Single Family
Parcel shall be subject only to Declared Easements for utilities, and to no other Declared Easements. The
Declared Easements for utilities hereby are: (a) limited solely to; and (b)deemed to be Defined Easements
with respect to the Single Family Parcel solely as to; the areas depicted and/or described on Exhibit B.
2. Waiver. At such time as RH records a Declaration of Covenants, Conditions and Restrictions for
the RH Site to which CRC has joined to evidence its consent thereto, Section 11 of the Declaration no longer
shall bind or encumber the RH Site, and no other action by RH or CRC shall be required to effect such
waiver of the applicability of Section 11 to the RH Site.
3. Miscellaneous. All capitalized terms used but not defined herein shall have the meanings ascribed
to such terms in the Declaration. In the event of any conflict between the Declaration and this Amendment,
the terms and conditions of this Amendment shall control. 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, CRC and RH have executed this Amendment as of the day and
year first written above.
THE CITY OF CARMEL REDEVELOPMENT
COMMISSION
- -
Printed C' / , 25 J
Title: i/ •
RH OF INDIANA, L.P.
By: RH Builders of Indiana, Inc., general
partner
By:
Joseph P. arvey,Assistant Vice President
0
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eACKNOWLEDGMENTS .
STATE OF INDIANA )
-1r ) SS:
COUNTY OF HPtnik-tp,i )
/� Before fie,- as Notary Public in and for the State of Indiana, personally appeared
►"OK*ed& t4 , the C"'� of The City of Carmel Redevelopment Commission, who,
having first been duly sworn, acknowledged the execution of the foregoing Amendment to Declaration of
Covenants and Easements for and on behalf of such entity. I
�t� A ��
Witness my hand and Notarial Seal this. day of i\` "iffy � ,,,1 �•n01.
By:
Pr/Mr
i ,�;:C _
ary Public
Printed Name:
My commission expires: .
I am a resident of County, Indiana.
�
EtY Po,cre,. WILLIAM 6.OLSEN
0 STATE OF INDIANA . ) * *. My Comm.Exp: 06.30-08
` t ) SS: i Res.of Hamilton Co,
COUNTY OF kchrn►�-lvwl ) Tp1 ASP
Before me, a Notary Public in and for the State of Indiana, personally appeared Joseph P.
Harvey,Assistant Vice President of RH Builders of Indiana, Inc., general partner of RH of Indiana, L.P., who,
having first been duly sworn, acknowledged the execution of the foregoing Amendment to Declaration of
Covenants and Easements for and on behalf of such entity.
Witness my hand and Notarial Seal this o2 day of A..;.r,tifilMi X001.
147 a i VIP
ttY PUS By: FDA
WILLIAM 8.OLSEN . a 'u• lc
0
If c; My Comm.Exp: 06-30-08
40 1 AO
Res.of Hamilton Co. Printed Name:
My commission expires: .
I am a resident of County, Indiana. .
Return to The City of Carmel Redevelopment Commission, One Civic Square, Carmel, Indiana 46032,Attn:
Steve Engelking.
This instrument was prepared by Jennifer R. Shoup, Attorney-At-Law,Wallack Somers&Haas, One Indiana
Square, Suite 1500, Indianapolis, Indiana, 46204.
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