SEVENTH AMENDMENT TO DECLARATION OF ......2003/10/07 · arc of a non-tangency curve; Thence on the arc of a curve to right having a radius of 599.60 feet, a central angle of 17 26'32",

(Page 1 of 10)

THE GREENWOOD HIGHLANDS CONDOMINIUMS

GREENWOOD VILLAGE SAGAMORE HILLS TOWNSHIP, OHIO

SEVENTH AMENDMENT TO DECLARATION OF CONDOMINIUM OWNERSHIP

ADDING CONDOMINIUM UNIT NOS. 809 AND 810

This will certify that copies of this Seventh Amendment to

Declaration of Condominium Ownership for The Greenwood

Highlands Condominiums, together with the Drawings

attached thereto, have been filed with the office of the Fiscal

Officer for Summit County, Ohio.

Dated:(!2~ ,3 , 2003

By: JOHN A. DONOFRIO Summit County Fiscal Officer

By:Q - -r-&µv Deputy Fisc Offi

/0~3-0.3

CERTIFICATE OF SEVENTH AMENDMENT TO

DECLARATION OF CONDOMINIUM OWNERSHIP

FOR THE GREENWOOD HIGHLANDS CONDOMINIUMS

Greenwood Trading Corporation hereby certifies that attached hereto is the Seventh

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 with the Drawings

attached thereto; that the Declaration was subsequently amended by First Amendment to

Declaration of Condominium Ownership ("First Amendment to Declaration"), which First

28/mctll 299032vl 1111111111111111111 ~ 1111 ~11111 l4J~~t~ John A Donofrio, Summit Fi•cal Officer

1

(Page 2 of 10)

Amendment to Declaration was filed for record on December l 7, 2001 with Reception No.

54635479 of the 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 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. 54765751 of the Summit County Records together with

the Drawings attached thereto; that the Declaration was subsequently fmther amended by a

Fifth Amendment to Declaration of Condominium Ownership ("Fifth Amendment"), which

Fifth Amendment to Declaration was filed for record on February 27. 2003 with Reception No.

54830471 of the Summit County Records, together with the Drawings attached thereto; that the

Declaration was subsequently further amended by a Sixth Amendment to Declaration of

Condominium Ownership ("Sixth Amendment"), which Sixth Amendment to Declaration was

filed for record on April 30, 2003 with Reception No. 54864942 of the Summit County

Records, together with the Drawings attached thereto; and that said Seventh Amendment was

1111111~/llll~ffill~lffi &!~~tf ~ John A Donofrio, Summit Fiscal Officer ·

2

28/mcfll 299032vl

2

(Page 3 of 10)

duly adopted by Greenwood Trading Corporation and executed by Robert 0. Jackson, Vice

President of Greenwood Trading Corporation.

This Instrument prepared by:

Stuart A. Laven, Esq. Ulmer & Berne LLP 900 Bond Court Building l 300 E. Ninth Street Cleveland, Ohio 44114 (216) 621-8400

28lmctll 299032v I

President

111.IIIHlllll!UHI S~2Y!~ John A Donofrio, Summit F1aoal Officer

3

3

(Page 4 of 10)

SEVENTH AMENDMENT TO DECLARATION OF CONDOMINIUM OWNERSHIP

FOR THE GREENWOOD HIGHLANDS CONDOMINIUMS

This Seventh Amendment to Declaration of Condominium Ownership for The

Greenwood Highlands Condominiums ("Seventh Amendment to Declaration"),

executed this ~ day of Oc..\a\o~R.., , 2003 by Greenwood Trading

Corporation ("Grantor"),

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;

WHEREAS, on August 27, 200 I, 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 drawings (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. I") and the improvements constructed 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 1 7 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/mcl/l 299032v I

1111111111111111111 ~Ill I 111111111111 r~~Y!!, John A Donofrio, SUIIHl'lil Flscal Officer

4

(Page 5 of 10)

constructed or to be constructed thereon, and making the necessary changes in the

percentage of interest in the Common Areas appertaining to each Unit 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 First Amendment to Declaration, together with the Drawings

attached thereto, being recorded on December 17, 2001 with Reception No. 54635479 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


Highlands Condominium approximately 1.750 acres of the Land and the improvements

constructed thereon, said Second Amendment to 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 ce1iain Drawings attached thereto, wherein


Highlands Condominium approximately 2.101 acres of the Land and the improvements

28/mc171299032vl 111111111111111 IIII ~ II Ii Ill 1~,2t~ John A Donofrio, Summit Fiscal Officer ·

5

(Page 6 of 10)

constructed thereon, and made certain other amendments to the Declaration, said Third

Amendment to Declaration, together with the Drawings attached thereto, being recorded

on July 12, 2002 with Reception No. 54724174 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 Drmvings 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 Fourth


on October 16, 2002 with Reception No. 54765751 of the Summit County Records;

WHEREAS, on February 27, 2003, Grantor filed for record with the Recorder

for Sumrnlt County, Ohio a Fifth Amendment to Declaration of Condominium Ownership

("Fifth Amendment to Declaration") and certain Drawings attached thereto wherein



constructed thereon, and made certain other amendments to the Declaration, said Fifth


on February 27, 2003 with Reception No. 54830471 of the Summit County Records;

WHEREAS, on April 30, 2003, Grantor filed for record with the Recorder for

Summit County, Ohio a Sixth Amendment to Declaration of Condominium Ownership

("Sixth Amendment to Declaration") and certain Drawings attached thereto wherein



28/mcl! 1299032 v I llllilffll II I IIHHII f ~t,~tY!~ John A Donofrio, SU111mit Fiacal Of(lcer

6

(Page 7 of 10)

constructed thereon, and made certain other amendments to the Declaration, said Sixth


on April 30, 2003 with Reception No. 54864942 of the Summit County Records;

WHEREAS, Grantor desires to submit an additional 0.3270 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 1 A(i), which sets forth the legal description of Parcel No. 1, is

hereby amended to include the following 0.3270 acre of additional land (the "Phase 8

Land") which is more accurately described belO\N:

PARCEL A

(0.1572 Acre)

Situated in the Township 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 County Records, Thence

S50°00'00"W, 589.82 feet to a point; Thence S40°00'00"E, 295.45 feet to a point; Thence

N84 °3 7'07"E, 106. I 9 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 200.00 feet, a central angle of 11 °46'0 l ", a chord of

41.00 feet, a chord bearing ofN 20°27'50"W, an arc distance of 41.07 feet to a point on the

arc of a non-tangency curve; Thence on the arc of a curve to the right having a radius of

599.60 feet, a central angle of 17°26'32", a chord of 181.83 feet. a chord bearing of

N69°0 l '36" E, an arc distance of 182.53 feet to a point and the true place of beginning;

1. Thence N08°25'54"W, 130.97 feet to a point;

28/mct; 1299032v I IIIIIIIIHIIIIIIIIIH~III ~~ti~ John A Donofrio, Summit Fiscal Officer

7

(Page 8 of 10)

2. Thence N60° I 0'20"E, 2.87 feet to a point;

3. Thence S29°49'40"E, 11.01 feet to a point;

4. Thence N79°50'55"E, 49.33 feet to a point;

5. Thence S08°25'54"E, 122.13 feet to a point on the arc of a non-tangent curve;

6. Thence on the arc of a curve to the left having a radius of 599.60 feet, a central angle of05°21'15", a chord of 56.01 feet, a chord bearing of S80°25'30"\V, an arc distance of 56.03 feet to a point and the true place of beginning.

The above described parcel contains 0.1572 acres as determined by Thomas J. King Jr. P.S. #7503 of LANDMARK Associates, Inc. of Cuyahoga Falls, Ohio in September of 2003.

PARCELB

(0.1698 Acre)

Situated in the Township of Sagamore Hills, County of Summit, State of Ohio, and being part of, "Residual Block A" Greenwood Highlands, Greenwood Subdivision No. 7, as recorded m 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 Slide:s 1 10-1 11 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°22'1 l" 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 1;:hord 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 having a radius of 227.00 feet, a central angle of 16°37'40", a chord length of 65.65 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 and the true place of beginning;

l. Thence N67°16'45"E, 42.36 feet to a point;

2. Thence N07°20'16"W, 87.18 feet to a point on the arc of a non-tangent curve;

3. Thence on the arc of a curve to the right having a radius of 567 .60 feet, a central angle of05°30'41 ", a chord of 54.58 feet, a chord bearing ofN81 °25'32"E, an arc distance of 54.60 feet to a point of non-tangency;

4. Thence S l 0° l 1 '50"E, 107 .82 feet to a point;

28/incf, 1299031 v I 111111111111~ 11~m ~1111111111 r~'~tt~ John A Donofrlo, Summit Fi•cal Officer

8

(Page 9 of 10)

5. Thence S65°16'20"W, 57.56 feet to a point;

6. Thence N68°26'S0"W, 52.37 feet to a point and the true place of beginning;

The above described parcel contains 0.1698 acres as detem1ined by Thomas J. King Jr. P.S. #7503 of LANDMARK Associates, Inc. of Cuyahoga Falls, Ohio in September of 2003.

As a result of the inclusion of the Phase 8 Land in Parcel No. 1, Parcel No. I now consists

of a total of I 0.4997 acres of land.

2. Paragraph 1.A.(ii), which sets forth the legal description of Parcel No. 2, is

hereby amended to delete there from the Phase 8 Land. As a result, Parcel No. 2 now

consists of9.6303 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:

The percentage of interest in the Common Areas appurtenant to each Unit, as determined by Grantor in accordance with the provisions of Chapter 5 31 I, shall be as follows:

Unit Address Ownership Number Percenta~e

7320 7320 Morning Star Trail 2.50%







I 7086 7086 Morning Star Trail 2.11% I I



28/mct7l 299032v I 1101~111111111111111~111111111111111 ~~i~-: John A Donofrio, Summit Fiscal Offlc•r

9

(Page 10 of 10)

.. •· ..

;finit .. Address ()wners1'ip Nijihtt: Pe.tc,'tegt~~t











825 825 Timberline Trail 2.54%




7301 7301 Morning Star Trail 2.28% '

7295 7295 Morning Star Trial 2.46%















28/mctJ l 299032v I IIIMIIIMlllll!WHI ~~fj~i~ John A Donofrio, Summit Fiacal Officer

10

(Page 1 of 7)

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 condominiurnized to

date.

4. As set forth in Paragraph 17 of the Declaration, the foregoing Sixth

Amendment to Declaration shall be effective as of the time it is delivered to the Summit

County Recorder for recording. Except as amended by this Seventh 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 3rd. day of

_O_c.:_~_a_\:)_~~"-'---'--' 2003.

Signed and Acknowledged in the presence of:

28/mctll 299032v I

GREENWOOD TRADING CORPORATION ("Grantor")

B

C

1111111 I lllll 1111111111111111 ~~r.~~~~ John A Donofrio, Summit Fiscal Officer

11

(Page 2 of 7)

STATE 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 ~~,v...•-),o\.!l'\""''2:.1

C)v-_~o , this 3n::). day of 6c~o\o ~R- , 2003.

This instrument prepared by:

Stuart A. Laven, Esq. Ulmer & Berne LLP Penton Me<.lia Building 1300 E. 9'h Street. Suite 900 Cleveland. OH 44114-1583

2Simct, 1299032v I

:l'CHARD Al.AN NEFF, Notary Put!ic Resldenee•&mmft County S1a!ffflid& ~..Ill,, Ohio

r.;1 Cornmlss!On i=-<p!reaApril 11, 2004

llllilml~~IIHHIIHI ~~ftli;f ~ John A Donofr1o, Summit Fiacal Offlc•r

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GREENWOOD HIGHLANDS CONDOMINIUMS PLAT FOR

CONDOMINIUMS PART OF RESIDUAL BLOCK A OF GREENWOOD HICHU\NDS TOWNSHIP OF SAGAMORE HILL', COUNTY OF SUMMIT

STATt OF OHIO

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FRONT ELEVATION

REAR ELEVATION

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MAIN FLOOR PLAN UN IQ.rT.

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SUMM17, STAT[ or

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DA.~E __ 09_!_25-i-03~ REVISION J08 NUMBER

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(Page 7 of 7)

FRONT ELEVATIOl:,I

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Documents

SEVENTH AMENDMENT TO DECLARATION OF ......2003/10/07 · arc of a non-tangency curve; Thence on the arc of a curve to right having a radius of 599.60 feet, a central angle of 17 26'32",