donofrio john a. - grace property services
TRANSCRIPT
(Page 1 of 10)
THE GREENWOOD HIGHLANDS CONDOMINIUMS GREENWOOD VILLAGE
SAGAMORE HILLS TOWNSHIP, OHIO
FIFTH AMENDMENT TO DECLARATION OF CONDOMINIUM OWNERSHIP
ADDING CONDOMINIUM UNITS NOS. 7200, 7194 AND 803
This will certify that copies of this Fifth Amendment to Declaration of Condominium Ownership for The Greenwood Highlands Condominiums, together with the Drawings attached ther,~to, have been filed with the office of the Fiscal Oflicer for Summit County, Ohio.
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TRANSFER NOT NECESSA~'' John A. Donofrio, Fi£cal Q;:'ic.r
fl , Dated: ,.,.._ .1::\. ·, ',;;, . 2003
JOHN A. DONOFRIO By: --------------
Summit County Fiscal Officer
By: !)~i~ 'Fis:;6tii~rrrJA.✓ CERTIFICATE OF FIFTH AMENDMENT TO
DECLARATION OF CONDOMINIUM OW!\'ERSHIP FOR THE GREENWOOD HIGHLANDS CONDOMINIUMS
Greenwood Trading Corporation hereby certifies that attached hereto is the Fifth
Amendment to that Declaration of Condominium Ownership for The Greenwood
Highlands Condominiums (the "Declaration"), which Declaration was filed for record on
August 27, 2001 with Reception No. 54588702 of the Summit County Records together
vvith the Drawings attached thereto; that the Declaration was subsequently amended by
First Amendment to Declaration of Condominium Ovmership ("First Amendment to
Declaration''), which First Amendment to De:claration was filed for record on December
17, 200 J with Reception No. 54635479 of th,~ Summit County Records together with the
Drawings attached thereto; that the Declaration was subsequently further amended by a
Second Amendment to Declaration of Condominium Ownership ("Second Amendment
to Declaration''), which Second Amendment to Declaration was filed for record on March
14, 2002 with Reception No. 54673178 of the Summit County Records together with the
281mct:1 l 241638, I 1111111 ~1111 ~111111 ~111111111111111I IIIII IIII IIII ~:i~tT! ~ John A Donofrio, Summit Fiscal Officer
(Page 2 of 10)
Drawings attached thereto; that the Declaration was subsequently further amended by a
Third Amendment to Declaration of Condominium Ownership ("Third Amendment to
Declaration'"). which Third Amendment to Declaration was filed for record on July 12.
2002 with Reception No. 54 724174 of the Summit County Records together with the
Drawings attached thereto; that the Declaration was subsequently further amended by a
Fourth Amendment to Declaration of Condominium Ownership ('-Fourth Amendment to
Declaration"), which fourth Amendment to Declaration was filed for record on October
16. 2002 with Reception No. 5476575 I of the Summit County Records together with the
Drav,·ings attached hereto; and that said Fifth Amendment was duly adopted by
Greenwood Trading Corporation and executed by Robert 0. Jackson. Vice President of
Greenwood Trading Corporation.
This lnstrurnent prepared by:
Stuart A. Laven. Esq. Ulmer & Berne LLP 900 Bond Court Building 1300 E. Ninth Street Cleveland, Ohio 44114 (2 l 6) 62 l-8400
28/rncfl 1241638, I
GREENWOOD TRADING CORPORATION
.,...____ r--: /1 A~ __.,....-i.---, By . C ~>?- /_yv-,.,,.,,-r .._, Rolrert 0. Jackson. Vice President
111111 II~ 111111 IHIHIIHII ~,~r.~:!. John A Donofrio, Summit ~iscal Officer 177 -6 0
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(Page 3 of 10)
FIFTH AMENDMENT TO DECLARATION OF CONDOMINIUM OWNERSHIP
FOR THE GREENWOOD HIGHLANDS CONDOMINIUMS
This Fifth Amendment to Declaration of Condominium Ownership for The
Greenwood Highlands Condominiums ("Fifth Amendment to Declaration"), executed
this day of ________ , 2003 by Greenwood Trading Corporation
("Gran tor'").
WITNESSES THAT:
WHEREAS, Grantor, an Ohio corporation, acquired a certain parcel of land
totaling approximately 20.130 acres (the "Land"} located in Sagamore Hills Township,
Summit County. Ohio for the purpose of constructing thereon certain residential dwelling
units and facilities;
\VHEREAS, on August 27. 2001, Grantor filed for record with the Recorder for
Summit County. Ohio a Declaration of Condominium Ownership for The Greenwood
Highlands Condominiums (the "Declaration") and certain dra\vings (the "Drawings")
attached thereto wherein Grantor submitted for condominium ownership under the name
of The Greenwood Highlands Condominiums (the "Condominium Development'')
approximately 1.636 acres of the Land (referred to and described in the Declaration as
"'Parcel No. l '') and the improvements com,tructed thereon, said Declaration, together
with the Drawings attached thereto, being recorded on August 27, 2001 with Reception
No. 54588702 of the Summit County Records;
WHEREAS, by virtue of Paragraphs 16 and 17 of the Declaration, Grantor
reserved the right to amend the Declaration for the purpose of adding to and including in
the Condominium Development all or any portion of the Land and the improvements
28/mcf712416381·l
I Ill~ IIIIIII Ill lill llllll llll 1111111 ~ ml llll 111 ~1~1l ~ John A Donofrio, Summit Fiscal Officer
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constructed or to be constructed thereon, and making the necessary changes in the
percentage of interest in the Common Areas appertaining to each Cnit and such other
changes as are necessary or appropriate;
WHEREAS, on December 17, 2001., Grantor filed for record with the Recorder
for Summit County, Ohio a First Amendment to Declaration of Condominium Ownership
(''First Amendment to Declaration") and certain Drawings attached thereto, wherein
Grantor submitted for condominium ownership under the name of The Greenwood
Highlands Condominiums approximately 3.007 acres of the Land and the improvements
constructed thereon, said Declaration, together with the Drm.\ings attached thereto, being
recorded on December 17, 2001 with Reception No. 546354 79 of the Summit County
Records:
WHEREAS, on March 14, 2002, Grantor filed for record with the Recorder for
Summit County, Ohio a Second Amendment to Declaration of Condominium Ownership
("Second Amendment to Declaration") and certain Drawings attached thereto, wherein
Grantor submitted for condominium ovmership under the name of The Greenwood
Highlands Condominium approximately 1.750 acres of the Land and the improvements
constructed thereon, said Declaration, together with the Drawings attached thereto, being
recorded on March 14, 2002 with Reception No. 54673178 of the Summit County
Records;
WHEREAS, on July 12, 2002, Grantor filed for record with the Recorder for
Summit County, Ohio a Third Amendment to Declaration of Condominium Ownership
('Third Amendment to Declaration") and certain Drawing::; attached thereto, wherein
Grantor submitted for condominium ownership under the name of The Greenwood
Highlands Condominium approximately 2.10 I acres of the Land and the improvements
28imcf/l 24 I 638vl 111111111111111 WII ~111111 IHI 1111111111111 ~Z~:!.i{ .:, John A Donofrio, Summit Fiscal Officer O O 177 -60
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constructed thereon, and made certain other amendments to the Declaration, said
Declaration, together with the Drawings attached thereto, being recorded on July 12,
2002 with Reception No. 54 724174 of the Summit County Records;
WHEREAS, on October 16, 2002, Grantor filed for record with the Recorder for
Summit County, Ohio a Fourth Amendment to Declaration of Condominium Ownership
(''Fourth Amendment to Declaration") and certain Drawings attached thereto wherein
Grantor submitted for Condominium Ownership under the name of The Greenwood
Highlands Condominium approximately 0.9841 acre of the Land and the improvements
constructed thereon, and made certain other amendments to the Declaration, said
Declaration, together with the Drawings attached thereto, being recorded on October 16,
2002 with Reception No. 54765751 of the Summit County Records;
WHEREAS, Granter desires to submit an additional 0.5069 acre of the Land and
the improvements constructed and under construction thereon to the condominium form
of ownership so that they shall become subject to the terms, conditions and covenants of
the Declaration, as amended; and
WHEREAS, Grantor desires to make certain amendments to the Declaration and
Drawings in connection therewith;
NOW, THEREFORE, Grantor hereby amends the Declaration and the Drawings
as follows:
1. Paragraph l .A.(i), which sets forth the legal description of Parcel No. 1, is
hereby amended to include the following 0.:5069 acre of additional land (the "Phase 6
Land") which is more accurately described below:
1111111111111 IHHII 111111111 ~ 1111111111 ~tJ~1,;~, John A Donofrio, Summit Fiscal Offiear
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PARCEL A
(0.3664 Acre Parcel)
Situated in the Tovroship of Sagamore Hills, County of Summit, State of Ohio, and being part of, "Residual Block A" Greenwood Highlands, Greenwood Subdivision No. 7, as recorded in Plat Cab. M Slide 457- 459;
Beginning at the Northwest corner of Lot 48, Greenwood Subdivision No.6, Phase 2 as recorded in Plat Cab E Slides 110-111 of the Summit Count Records, Thence S 50°00'00" W, 589.82 feet to a point; Thence S 06°57'09" E, 451.78 feet to a point; Thence S 72°25'22" E, 287.98 feet to a point and the true plac1~ of beginning;
1. Thence N 31°52'15" E, 138.65 feet to a point on the arc of a nontangent curve;
2. Thence on the arc of a curve to the left having a radius of 408.23 feet, a central angle of 15°06'29", a chord length of 107.33 feet, a chord bearing of S67°40'45" E, an arc length of 107.64 feet to a point of non-tangency,
3. Thence S 17°27'56" W, 125.48 feet to a point;
4. Thence, N 72°25'22" W, 141.44 feet to a point and the true place of beginning;
The above described parcel contains 0.3664 acres as determined by Thomas J. King Jr. P.S. #7503 of LANDMARK Associates, Inc. of Cuyahoga Falls, Ohio in February of 2003.
PARCELB
(0.1405 Acre Parcel)
Situated in the Tmvnship of Sagamore Hills, County of Summit, State of Ohio, and being part of, "Residual Block A" Greenwood Highlands, Greenwood Subdivision No. 7, as recorded in Plat Cab. M Slide 457- 459;
Beginning at the Northwest corner of Lot 48, Greenwood Subdivision No.6, Phase 2 as recorded in Plat Cab E Slides 110-111 of the Summit Count Records, Thence S50°00'00"W, 589.82 feet to a point; Thence S 06°57'09 .. E, 414.56 feet to a point; Thence N 69°22'11" E, 266.69 feet to a point on the arc of a non-tangent curve; Thence on the arc of a curve to the left having a radius of 313.37 feet, a central angle of 00°59'50". a chord length of 5.45 feet, a chord bearing ofN 28°51'31" W, an arc length of 5.45 feet to a point of compound curvature; Thence on the arc of a curve to the left
28/mcf/ 1241638vl 111111 ill~ II Ill llllll Ill /11111 Ill I/II IHI ~tf ~ft?.~ John A OonofrJo, Summit Fiseal Offieer CONDO 177.60
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having a radius of227.00 feet, a central angle of 16°37'40", a chord length of65.65 feet, a chord bearing ofN 37°40'16" W, an arc length of 65.88 feet to a point of non-tangency; Thence N 67°16'45" E, 135.55 feet to a point; Thence S 68°26'50" E, 52.37 feet to a point; Thence N 65°16'20" E, 57.56 feet to a point and the true place of beginning;
1. Thence N 10°11 '50" W, 107.82 feet to a point on the arc of a nontangent curve;
2. Thence on the arc of a curve to the left having a radius of 354.19 feet, a central angle of 08°44'18", a chord length of 53.97 feet, a chord bearing of N79°48'44" E, an arc length of 54.02 feet to a point of non-tangency,
3. Thence S 19°49'08" E, 91.16 feet to a point;
4. Thence, S 65° I 6'20" W, 71.49 feet to a point and the true place of beginning.
The above described parcel contains 0.1405 acres as determined by Thomas J. King Jr. P.S. #7503 of LANDMARK Associates, Inc. of Cuyahoga Falls, Ohio in February of 2003.
As a result of the inclusion of the Phase 6 Land in Parcel No. 1, Parcel No. 1 now
consists of a total of 9. 985 acres of land.
2. Paragraph 1.A.(ii), which sets forth the legal dc:scription of Parcel No. 2, is
hereby amended to delete there from the Phase 6 Land. As a result. Parcel No. 2 now
consists of I 0. I 450 acres of land.
3. The second subparagraph of Paragraph 6.B.. which sets forth the
percentage of interest in the Common Areas appurtenant to each Unit, is deleted and the
following is substituted therefore:
28imc£'124l638vl
The percentage of interest in the Common Areas appurtenant to each Unit, as determined by Grantor in accordance with the provisions of Chapter 5311. shall be as follows:
1111111111111111111111 ~ 11111111 m, 1111111 ~1,~tt? !. John A Donofrio, Summit Fiscal Officer CONDO 177.60
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Unit Ownership Number Address Percentage
7320 7320 Morning Star Trail 2.69%
7314 7314 Morning Star Trail 2.80%
7304 7304 Morning Star Trail 2.40%
7298 7298 Morning Star Trail 2.98%
7292 7292 Morning Star Trail 2.99%
7284 7284 Morning Star Trail 3.05%
7278 7278 Morning Star Trail 3.06%
7086 7086 Morning Star Trail 2.31%
7272 7272 Morning Star Trail 3.14%
7266 7266 Morning Star Trail 3.20%.
7260 I 7260 Morning Star Trail 3.04%
7254 i 7254 Morning Star Trail 2.81%
7248 7248 Morning Star Trail 3.27%
7242 7242 Morning Star Trail 2.94%
7236 7236 Morning Star Trail 2.85%
7313 7313 Morning Star Trail 1.97%
7255 7255 Morning Star Trail 3.01%
7230 7230 Morning Star Trail 3.01%
7224 7224 Morning Star Trail 2.87%
7267 7267 Morning Star Trail 2.49%
825 825 Timberline Trail 2.73%
7218 7218 Morning Star Trail 3.37%
7206 7206 Morning Star Trail 3.36%
7307 7307 Morning Star Trail 2.21%
7301 7301 Morning Star Trail 2.45%
7295 7295 Morning Star Trial 2.65%
7289 7289 Morning Star Trial 2.26%
7283 7283 Morning Star Trial 1.61%
7277 7277 Morning Star Trial 1.65%
791 791 Timberline Trail 2.23%
28/mcfil 24 l 638vl
I 111111111111~ 11111111111111 IIIIII Ill Ill Iii 1111 ~~i~y; ~: John A Donofrio, Summjt Fiscal Officer
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Unit Ownership Number
Address Percentage
7158 7158 Morning Star Trail 3.16%
7199 7199 Morning Star Trail 1.61%
828 828 Timberline Trail 2.48%
797 797 Timberline Trail 3.18%
7200 7200 Morning Star Trail 3.11%
7194 7194 Morning Star Trail 2.59%
803 803 Timberline Trail 2.47%
The ownership percentages are based on the Living Space of a Unit as a
percentage of the total Living Space for all the Units that have been condominiumized to
date.
4. As set forth in Paragraph 17 of the Declaration, the foregoing Fifth
Amendment to Declaration shall be effective as of the time i1 is delivered to the Summit
County Recorder for recording. Except as amended by this Fifth Amendment to
Declaration, all the terms and provisions of the Declaration. as amended, shall remain in
full force and effect.
IN WITNESS WHEREOF, the Greenwood Trading Corporation has
caused this instrument to be executed by its Vice President this ~ day of
....lh'-<t-'-c,"'-·' _r'~....:L'...:..;~::.._t_1,/ ____ , 2003.
Signed and Acknowledged in the presence of:
28/md7124 l 638v I
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GREENWOOD TRADING CORPORATION ("Grantor")
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ST A TE OF OHIO
COUNTY OF SUMMIT
) ) SS: )
BEFORE ME, a Notary Public in and for said State and County, personally appeared the above-named Greenwood Trading Corporation, an Ohio corporation, by Robert 0. Jackson, its Vice President, who acknowledged that he did sign the foregoing instrument and that the same is the free act and deed of said Corporation and the free act and deed of him personally and as such officer.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal at 'iv,; 1 ... ;,61.,JL{, nt/;10 , this ;}Lf tJi day of (~L:3/411¥'1 ?QO~ I - -'· ;)
I .
This instrument prepared by:
Stuart A. La,en. Esq. Ulmer & Berne LLP Penton Mt:dia Building 1300 E. 91h Str~~l. Suite 900 Cle,t:land. OH 4-ll 14-1583
28imcltl24!638vl
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ROGF.R J. f ivc;,::u~ NOTARY PUGUG, :,~~·_--; ~: ~,;= Odl()
My Cornrrd~sic:-. :~-<. ;;cJ /<_,;-ii 2f ~::·J3
1111111111111111111 ~111111111 mum 1111 ~~1,t~~i~: John A Donofrio, Summit F1scal Off1cer
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Plat Approved By /1!,iP., . _(¥5 • ~-h-<>3 }!!ft'~
SI IEE T INDEX
1 TITLE
GREENWOOD HIGHLANDS CONDOMINIUMS PLAT FOR
CONDOMINIUMS PART OF RESIDUAi BLOCK A Of. GREENWOOD HIGHLANDS
TOWNSHIP OF SAGAMORF_ HILLS. COUNTY OF SUMMIT S IAI E OF OHIO
PHASE 6 ffBRUARY 2003
2 BUILDING LOCA liON PLAN, UNITS 803, 7194, 7700 4 PROPFRTY Pl AT
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JOHNA. DOelOFIIO ~~
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0 cl cages /J, Dept.:~ t sc.a1 J<6ce,
I HEREBY C(RTlfY THAT nilS PLAT !5 CORRECT TO TH[ BEST Of MY KNO.._[l)G{_ MONUr.fOHS HA~ 8fFN Sfl OR fOONO AS SHOWN
~::~ ,'::t:;: ::r;.......'b j ll. ..... I:.~ '2/~0~ THOMAS ,/ K!NG ,JR\ P.S. #7505 DAlE
DEDICAl[O UNITS 80.3, 7:94, 7200
CONDO PROPERTY . 9.986 ACRFS OTHER PROPERTY 10.144 ACR[S
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PHASE 1 DOC I P,t.RC[L A O 755 AC PARCEL B 0 .. 332 AC PARCH C 1 01• AC
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MAIN FLOOR t.473 so·n1LIVINOAREA)
LEFT ELEVATION
UPPER FLOOR -"594soff
GREENWOOD HIGHLANDS CONDOMINIUMS 7200 MORNING STAR TRAIL
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FRONT ELEVATION
REAR ELEVATION
f.Q!JNDATION PLAN UNFINISHED 8,a,SEMENT AREA 1, 17'6 SQ FT
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FIRST FL.QQB_ mSOFI (l!\IINGAREA)
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SECOND FLOOR 792 SO FT (Ul/!NG AREA)
GREENWOOD HIGHLANDS CONDOMINIUMS 7194 MORNING STAR TRAIL
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FOUNDATION f?_LAfll LJNFIN!SHED BASEMENT AREA 843 SO FT
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___ ----_--_ --··-- .=-:=-----::1 REAR ELEVATION RIGHT ELEVATION
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LANDMARK AS~OCIA TES, Inc.
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SECOND FLOOR 792 SQ.FT /UVING AREA)
GREENWOOD HIGHLANDS CONDOMINIUMS 803 TIMBERLINE TRAIL
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FOUNDATION PLA~ UNflNISHEO BASEMENT AREA: 793 SO FT
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