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Home My WebLink AboutSupplemental Declaration of Covenants and Restrictions • • n SUPPLEMENTAL DECL 41" • •i'�cor�d in S COVENANTS AND REST 76. o, TY, INDIANA �,Of' HAVERSTICK PROPERTY`- -SN y>t-: 7 m_ J D L 17• Po THIS SUPPLEMENTAL DECLARATION made this 10th day of_May_, 2002, by Centex Homes, a Nevada general partnership as successor in interest to Centex Homes Company, an Indiana general partnership ("Declarant"), W I T N E S S E T H: Instrument 200200040523 WHEREAS, the following facts are true: A. Declarant is the sole owner of the fee simple title to the following described real estate located in-Hamilton County, Indiana, to-wit: See legal description attached hereto made a part hereof and marked Exhibit A (hereinafter referred to as "Settler's Ridge, Section Two B"). B. On June 23, 1995, Declarant executed a Declaration of Covenants and Restrictions of Haverstick Property Ownership which was recorded in the Office of the Recorder of Hamilton County, Indiana on June 23, 1995, as Instrument No. 9540437 as amended by Supplemental Declarations, recorded on December 30, 1996, January 15, 1997, May 9, 1997, October 7, 1997, July 2, 1998, October 14, 1998 July 6, 1999, October 5, 1999, October 14, 1999, August 16, 2000, November 1, 2000, June 5, 2001 and July 23, 2001, as Instrument Nos. 9609654253, 9709701433, 9709718060, 9709742618, 9709742620, 9809835941, 98581000, 9858098, 9940002, 9958105, 9960198, 200000040348, 200000054645, 200000054648, 200100032801 and 200100045182, respectively; and a First Amendment recorded on May 9, 1997 as Instrument No. 9709718061, a Second Amendment recorded on August 1, 2000, as Instrument No. 200000037449, and a Third Amendment recorded August 1 , 2000, as Instrument No. 200000037450 (all of which were recorded in the Office of the Recorder of Hamilton County, Indiana (the "Declaration"). The Declaration is 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 Supplemental Declaration. C. Settler's Ridge Section Two B is part of the Real Estate described in paragraph A of the recitals of the Declaration. Paragraph 24 of the Declaration provides that all or part of the Real Estate may be annexed to Haverstick Property Ownership, incorporated into the Declaration and the Owners thereof become members of Haverstick Property Ownership in accordance with the conditions in paragraph 24 of the Declaration and the filing of the Supplemental Declaration by Declarant. All conditions relating to the annexation of Settler=s Ridge Section Two B to the Tract of Haverstick Property Ownership have been met, and Declarant, by execution of this Supplemental Declaration, hereby incorporates Settler' s Ridge Section Two B into Haverstick Property Ownership. SR2B Supplmnt Cov&Restr.doc • • NOW, THEREFORE, Declarant makes this Supplemental Declaration as follows: 1. Declaration. Declarant hereby expressly declares that Settler's Ridge Section Two B and all appurtenant easements, Common Area, Limited Common Area, Lots, improvements and property of every kind and nature whatsoever, real, personal and mixed, located thereon is hereby annexed to and becomes a part of Haverstick Property Ownership as if such originally had been included in the Declaration, and shall hereafter be held, transferred, sold conveyed and occupied subject to the covenants, restrictions and provisions of the Declaration, and the rules and regulations as adopted by the Board of Directors, as each may be amended from time to time. Settler's Ridge Section Two B hereafter and for all purposes shall be included in the definition of "Tract" as defined in paragraph 1(t) of the Declaration. 2. Description of Lots. There shall be thirteen (13) Lots, Numbered 41 through 53 in Settler's Ridge Section Two B as shown on the Supplemental Plat for Settler's Ridge Section Two B. Haverstick Property Ownership or the Tract now has Four Hundred Ninety- Six (496) Lots. 3. Square Footage. All Dwelling Units located on Lots in Settler's Ridge Section Two B shall have a minimum of 1,300 square feet of finished living area (exclusive of garages, carports, basements and porches). 4. Acceptance and Ratification. The acceptance of a deed of conveyance or the act of occupancy of a Lot and/or"Dwelling Unit shall constitute an agreement that the provisions of this Supplemental Declaration, the Declaration and any rules and regulations adopted pursuant thereto, 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 Lot and/or Dwelling Unit or the Property as if those provisions were recited and stipulated at length in each and every deed, conveyance, mortgage or lease thereof. 5. Supplemental Plat. The Supplemental Plat for Settler' s Ridge Section Two B prepared by Stoeppelwerth & Associates, Inc., certified by Dennis D. Olmstead, a registered land surveyor under the date of_May 8_, 2002, setting forth the layout, location, identification and dimension of the Lots identified in this Supplemental Declaration is incorporated into the Declaration, added to the plans filed with the Declaration, and has ben filed in the Office of the Recorder of Hamilton County, Indiana, as of E4-rte � D— as Instrument No. b oga5 7-- 6. To the extent that there are any inconsistencies in the terms and conditions of this Supplemental Declaration, the Declaration and any recorded Plat, the terms of such recorded Plat shall control. 7. Except to the extent modified or amended herein, all terms and conditions of the Declaration remain in full force and effect. SR2B Supplmnt Coy&Restr.doc 2 • S EXECUTED the day and year first above written. CENTEX HOMES, as successor in interest to Centex Homes Company By: ` ' � Timothy K. McMahon Division President STATE OF INDIANA ) ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, personally appeared Timothy K. McMahon, by me known and by me known to be the Division President of Centex Homes, as successor in interest to Centex Homes Company, and acknowledged the execution of the foregoing "Supplemental Declaration of Haverstick Property Ownership" on behalf of said corporation. WITNESS my hand and Nota .0 Seal this /V 'day of >L�-- , 2002. eta Public �``��\ Rv.. p(,��%�i ep nc L/r1 �1(ctc.\P. e<�•; (Printed Signatufe) *-• E A_-' My Commission Expires: My County of Residence: o ; '1111...04 .1 - 4/7 )64 . Minn llt110 This instrument prepared by Tammy K. Haney, Attorney at Law, Bose McKinney & Evans LLP, 600 E. 96th Street, Suite 500, Indianapolis, Indiana 46240. SR2B Supplmnt Coy&Restr.doc 3 • EXHIBIT "A" DESCRIPTION OF PROPERTY SETTLER'S RIDGE SECTION 28 'I, the undersigned Registered Land Surveyor hereby certify that the included plat correctly represents a subdivision of part c the Southeast Quarter of Section 22, Township 18 North, Range 4 East in Clay Township, HamiltonCounty, Indiana, more ,particularly described as follows: Commencing at the,.Northeast corner of said Quarter Section; thence South 88 degrees 53 minutes 27 seconds West (Assumed Bearing) along the North line of said. Quarter Section. 990.45 feet to the POINT OF BEGINNING; thence South 01 degrees 08 minutes 07 seconds East 195.51 feet; thence South 88 degrees 51 minutes 53 seconds West 8.67 feet; thence South 01 degrees 08 minutes 07 seconds East 137.21 feet; thence South 01 degrees 58 minutes 18 seconds East 360.14 feet to a point on the North line of Settler's Ridge at Haverstick Section Two A, Recorded as Instrument #200100045181 in Plat Cabinet #2 on Slide #632 in the Office of the Recorder of Hamilton County, Indiana; the following 3 courses being on and alon the North line of said Settler's Ridge at Haverstick Section Two A; (1) South 89 degrees 37 minutes 10 seconds West 190'00 feet; (2) North 00 degrees 22 minutes 50 seconds West 5.00 feet; (3) South 89 degrees 37 minutes 10 seconds West 144.60 feet; thence North 00 degrees 24 minutes 51 seconds West along the said West Line, 683.62 feet to the Northwest corner of the East Half of the Southeast Quarter Section; thence North 88 degrees 53 minutes 27 seconds East along the North line of said Quarter Section, 329.32 feet to the place of beginning. Containing 5.197 acres, more or less, subject to all legal highways, rights—of—ways, easements, and restrictions of record.