The URL can be used to link to this page

Home My WebLink About7 Seventh Amendment to HPR ApplicationAPPLICATION FOR CONDOMINIUMS Fee: $1,256.50 plus $ 125 per lot/unit (Note: fees are due after a docket number is assigned.) M26005 DATE: 8/21/13 DOCKET 9 1112005 HPR nY The undersigned agrees that any construction, reconstruction, enlargement, relocation or alteration of structure, or any change in the use of land or structures requested by this application will comply with, and conform to, all applicable laws of the State of Indiana, and the Zoning Ordinance of Carmel, Indiana. IC 36- 7- 4- 702(e) states that the subdivision control ordinance may not regulate condominiums regulated by IC 32 -25, but they are subject to all applicable standards of the zoning ordinance. Name of Applicant: Carmel City Center, LLC Phone: (317) 587 -0320 Email: rbrowngpedcor.net Address ofApplicart: 770 3rd Avenue S.W. Carmel IN 46032 Fax: (317) 218 -2665 Name of Owner: Carmel City Center, LLC Name of Project: Carmel City Center Legal Description: (To be &tpewritten on separate sheet and attached). Area (ill acres): See Amendment No. 7 Number of Lots/Uhits: See Amendment No. 7 Zoning: Length in miles of new streets to be dedicated to public use; if applicable: N/A C -1 Surveyor certifying plat: Donald R. Mosson Surveyors address and p ej 2 North Green Street, Brownsburg, IN, 46112; (317) 858 -8662 Signature of Applicant: TITLE: Senior Vice President State of Indiana ) ) SS: County of Hamilton } (Print) Ron Brown 5.1.10 Application for Condominiums: Two (2) copies, M 4 OWAY plat and the construction plans, together with supporting documents, shall be submitted to the Building Commissioner with this application and the applicationfee as indicated in Section 29.6 of the Zoning Ordinance. Filename: Condominium Application 2013 Revised 12128/2012 Cross Reference: Instrument No. 2010066955 Cross Reference: Instrument No. 2010066956 Cross Reference: Instrument No. 2011009360 Cross Reference: Instrument No. 2011009361 Cross Reference: Instrument No. 2011064759 Cross Reference: Instrument No. 2011064760 Cross Reference: Instrument No. 2012024563 Cross Reference: Instrument No. 2012024564 Cross Reference: Instrument No. 2012030244 Cross Reference: Instrument No. 2012030245 Cross Reference: Instrument No. 2012034571 Cross Reference: Instrument No. 2012034572 Cross Reference: Instrument No. 2013037774 Cross Reference: Instrument No. 2013037775 Cross Reference: Instrument No. SEVENTH AMENDMENT TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE CARMEL CITY CENTER CONDOMINIUM BUILDING I This Seventh Amendment to The Declaration of Condominium Ownership for the Cel City Center Condominium Building 1 (the "Seventh Amendment ") executed the day of August 2013, 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 Instrument 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 Amendment ") 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 Percentage Interest and Residential Percentage Interest of Owners of the Premises; WHEREAS, Declarant executed that certain Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated June 1, 2012, and recorded in the Recorder's Office as Instrument No. 2012024564 (the "Third Amendment ") whereby Declarant created Units 703, 704, and 705 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 Units 703, 704, and 705, which revised the Building Percentage Interest and Residential Percentage Interest of Owners of the Premises and Declarant created First Floor - Retail Unit 1 ( "Retail Unit 1") and First Floor - Retail Unit 2 ( "Retail Unit 2 ") that revised the Building Percentage Interest and Retail Percentage Interest of Owners of the Premise, and Declarant defined Retail Limited Common Area which consists of all Limited Common Area exclusive to Retail Units, and stated that Declarant may at any time segregate portions of Retail Limited Common Area for the exclusive use of a Retail Unit; WHEREAS, Declarant executed that certain Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated May 4, 2012, and recorded in the Recorder's Office as Instrument No. 2012030244 (the "Fourth Amendment ") whereby Declarant clarified and distinguished Garage Level — Retail Unit 3 ( "Retail Unit 3 ") and First Floor Retail Common Area that revised the Building Percentage Interest and Residential Percentage Interest of Owners of the Premises; WHEREAS, Declarant executed that certain Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated June 19, 2012, and recorded in the Recorder's Office as Instrument No. 2012034572 (the "Fifth Amendment ", together with the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Original Declaration as amended, sometimes herein collectively referred to as "Declaration ") whereby Declarant modified the Overall Building "A" elevation; WHEREAS, Declarant executed that certain Sixth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated June 18, 2013, and recorded in the Recorder's Office as Instrument No. 2013037775 (the "Sixth Amendment ", together with the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and the Original Declaration as amended, sometimes herein collectively referred to as "Declaration ") whereby Declarant subdivided Unit 701 (as described in the Original Declaration) into Amended Unit 701 and Unit 706, subdivided Porch 7C (as described in Original Declaration) into Amended Porch 7C and Porch 7D, and Declarant added certain Limited Common Area to Amended Unit 704; WHEREAS, thereafter Declarant combined Unit 603 and Unit 605 (both described in the Original Declaration) into Unit 603 and eliminating Unit 605, which revised the Building Percentage Interest and Residential Percentage Interest of Unit 603 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. Legal Description of Units. Declarant declares that Exhibit B -4 attached hereto made part hereof for all purposes, shall supersede Exhibit B -4 of the Declaration and shall serve as the Legal Description of Units for all purposes. 2. Percentage Interest. The Building Percentage Interest of Unit 603 is 1.7091 % and the Residential Percentage Interest of Unit 603 is 2.2477 %. 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. [Space intentionally left blank] IN WITNESS WHEREOF, Declarant has executed this Seventh Amendment as of the date set forth above. Carmel City Center, LLC an Ind' imite iabili company By: Ronald Brown, Senior Vice - President STATE OF INDIANA ) ) ss COUNTY OF HAMILTON ) This instrument as ACKNOWLEDGED before me on the j 1 day of August, 2013, by Ronald Brown, Authorized Senior Vice President of Carmel City Center, LLC and on behalf of the Company. tary Public My Commission Expires: 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 was prepared by Jesus C. Rivera, Pedcor Bancorp, One Pedcor Square, 770 Yd Avenue, S.W., Carmel, Indiana 46032. SHERRI J. LECHNER . NOTAPY . ' Hamilton County `'. SEAL $;.< My Commission Expires �1'gjry�" October 17, 2015 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 was prepared by Jesus C. Rivera, Pedcor Bancorp, One Pedcor Square, 770 Yd Avenue, S.W., Carmel, Indiana 46032.