DONOFRIO JOHN A. - Grace Property Services

(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)


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


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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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

(Page 4 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 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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(Page 5 of 10)

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%









7266 7266 Morning Star Trail 3.20%.

7260 I 7260 Morning Star Trail 3.04%

7254 i 7254 Morning Star Trail 2.81%









825 825 Timberline Trail 2.73%





7295 7295 Morning Star Trial 2.65%





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








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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(Page 10 of 10)

ST A TE OF OHIO

COUNTY OF SUMMIT

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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

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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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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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TITLE SHEET

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~_1._..QQ!;__..l5ifillll.8 PARCEL A I 612 AC PAAC[L B O 138 AC

PHASE 1 DOC I P,t.RC[L A O 755 AC PARCEL B 0 .. 332 AC PARCH C 1 01• AC

PtiASf :> r111s PtAT PARCEL A O 2,47 AC PARCEL B 0.62-4 AC PARCEL C O 11-4 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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(Page 5 of 6)

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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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(Page 6 of 6)

. ··'----===-:-:::-:rec:-:===== FRONT ELEVATION

___ ----_--_ --··-- .=-:=-----::1 REAR ELEVATION RIGHT ELEVATION

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GARAGE

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_EIRST_fLOOR Q20 SO FT !LIVING AREA)

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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DATE ,,08 NU'-'BER

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DONOFRIO JOHN A. - Grace Property Services