910876870008 Type: OL (29/2008 at Ost 18262 FH 820,00 Page tof 6 Foreyeh counéy, OR Douglas Sorredis Clerk superior ct «5164 32-37 [RHE SPACE ABOVE TIBI FOR RECORDING USEONLY RETURN DOCUMENT TO: GREENFIELD, BOST & KLIROS, P.C. 990 Hammond Drive, Sut 60 Adana, Georg 30338 oe STATE OF GEORGIA Cross Reference: Declaration Deed Book 4212, Page 586, Deed Book 4662, Page 224, COUNTY OF FULTON Deed Book 4917, Page 719 and Deed Book 4976, Page 613, (BUILDING 900 AND BUILDING 1000) |PPLEMENTARY DECLARATION TO THE DECLARATION OF CONDOMINIUM FOR BALLANTRAE AT CREEKSTONE THIS SUPPLEMENTARY DECLARATION is made as of the date set forth below by Ballantrae, LLC, a Georgia limited liability company (“Declarant”). WHEREAS, Declarant recorded that certain Declaration of Condominium for Ballantrae at Creekstone in Deed Book 4212, Page 586 et seq., of Clerk of Superior Court of Forsyth County, Georgia, on March 29, 2006, Supplementary Declaration to the Declaration of Condominium for Ballantrae at Creekstone, recorded March 8, 2007 in Deed Book 4662, page 224 ~ 229 of Clerk of Superior Court of Forsyth County, Georgia, Supplementary Declaration to the Declaration of Condominium for Ballantrae at Creekstone, recorded October 5, 2007 in Deed Book 4917, page 719 - 723 of Clerk of Superior Court of Forsyth County, Georgia and Supplementary Declaration to the Declaration of Condominium for Ballantrae at Creekstone, recorded December 10, 2007 in Deed Book 4976, page 613 ~ 618 of Clerk of Superior Court of Forsyth County, Georgia (collectively, the “Declaration”); 2CliensiKtiros AL 900-1000.dee :NTRAEYCONDO DOCUMENTS\SUPPLEMENTARY DEC'SUPPLEMENTARY DELCLARATION-O52108-B1ésWHEREAS, pursuant to the terms of Section 9.1 of the Declaration, the Declarant may unilaterally subject all or any portion of the real property described in Exhibit “R” to the Declaration at any time within seven (7) years of recording the Declaration by recording a Supplementary Declaration describing the property to be subjected to the Declaration and to the jurisdiction of the Association, WHEREAS, the property described in Exhibit “A” to this Supplementary Declaration is a part of the property included within Exhibit “F” of the Declaration which may be unilaterally submitted by the Declarant to the Declaration and to the jurisdiction of the Association. WHEREAS, the Declarant is amending the allocation of shares of common elements and common expenses shown on Exhibit “E” attached to the Declaration to provide for the allocation among floor plans not currently shown on Exhibit “I to the Declaration WHEREAS, this Supplementary Declaration is recorded within seven (7) years of the recording of the Declaration. WHEREAS, the Declarant desires to submit the property described in Exhibit “A” hereto to the Declaration and to the jurisdiction of the Association. 1. Pursuant to the powers retained by the Declarant under the Declaration, Declarant hereby submits the property described in Exhibit “A” (the “Submitted Property”) to the Declaration and to the jurisdiction of the Association. The Submitted Property and Units shown thereon shall be sold, transferred, used, conveyed, coceupied and mortgaged or otherwise encumbered pursuant to the provisions of the Declaration which provisions shall run with the title to the Submitted Property and shall be binding upon all persons having any right, title, or any interest in such property, their respective heirs, legal representatives, successors, successors- in-titl, and assigns. 2. The Submitted Property is shown on that certain Plat of Ballantrae at Creekstone, Building #900, Unit H prepared by McWhorter Gilbert Anderson recorded at Condominium Plat Book C03, page 145-146, in the Office of the Clerk of the Superior Court of Forsyth County, Georgia. 3. The Submitted Property is shown on that certain Plat of Ballantrae at Creekstone, Building #1000, Unit I prepared by McWhorter Gilbert Anderson recorded at Condominium Plat Book C03, page 171-172, in the Office of the Clerk of the Superior Court of Forsyth County, Georgia, 4, Bach Unit located on the Submitted Property is depicted on the Plans and is constructed in accordance with the Plans as evidenced by the certification attached hereto as Exhibit “B,” said certification being that which is required by O.C.G.A. § 44-3-83 (). (OACtientsKtros BALL ANTRAE\CONDO DOCUMENTS\SUPPLEMENTARY DEC\SUPPLEMENTARY DELCLARATION-052108-8ldg 00-1000.doeThe following statement is hereby added to and shall from and after the date hereof amend Exhibit “E”: All models known as the Morningside, Forsyth, Dawson and Lanier shall own 1.307% of the common elements and shall bear 1.307% of common expenses and all models known as Ansley, Ansley Il and Buckhead shall own 1.634% of the common elements and shall bear 1.634% share of common expenses. Representative floor plans for all of such models have been recorded in the Forsyth County, Georgia records. Identifying numbers and further descriptions of the Units on the Submitted Property are set forth on Exhibit “C” attached hereto and incorporated herein by reference, Unless otherwise defined herein, all defined or capitalized terms used herein shall have the meanings ascribed in the Declaration. IN WITNESS WHEREOF, the Declarant herein, hereby executgs~this instrument under seal by and through the duly authorized member, this_ 1 day of_JUnQ 2008. Signed, sealed, and delivered in the presence of: BALLANTRAE, LLC, a Georgia ‘©.\Ctens\Klias\BALLANTRAE\CONDO DOCUMENTSISUPPLEMENTARY DEC\SUPPLEMENTARY DELCLARATION052108-Biig 500-1000 deeEXHIBIT “A” ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 810, 2" District, 1% Section, Forsyth County, Georgia, and being known as Building 900 located in Unit Hi of Ballantrae at Creekstone Condominium, as shown on that Plat prepared by Neil A. McWhorter, Georgia Registered Land Surveyor, recorded January 4, 2008 in Plat Book C03, pages 145-146, Forsyth County, Georgia records. ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 810, 2" District, 1* Section, Forsyth County, Georgia, and being known as Building 1000 located in Unit I of Ballantrae at Creekstone Condominium, as shown on that Plat prepared by Neil A. McWhorter, Georgia Registered Land Surveyor, recorded March 25, 2008 in Plat Book C03, pages 171-172, Forsyth County, Georgia records. (0 Ciets\ctres\BAL.LANTRAEICONDO DOCUMENTSISUPPLEMENTARY DECSUPPLEMENTARY DELCLARATION.O52108-8lg 900-1000.deeEXHIBIT “B” TO SUPPLEMENTARY DECLARATION TO DECLARATION OF CONDOMINIUM FOR BALLANTRAE AT CREEKSTONE CONDOMINIUM RE: Buildings 900 and 1000 ‘The undersigned is a registered engineer or architect in the State of Georgia and hereby certifies as follows: 1. [have visited Buildings 900 and 1000 of the Condominium known as Ballantrae at Creekstone and described in the above-referenced Declaration of Condominium and in Condominium Plat Book C03, pages 145-146 and Plat Book C03, pages 171-172, Forsyth County, Georgia records; and 2. To the best of my knowledge and belief, the exterior walls and roof of each Unit are in place in accordance with the plans for Buildings 900 and 1000 of the Ballantrae development stamped by the undersigned and dated __ 4°2G- 07 and 3. Such walls, partitions, floors and ceilings, to the extent shown on said plans, as constitute the horizontal boundaries and the vertical boundaries of each Unit, including, convertible space, have been sufficiently constructed so as to establish clearly the physical boundaries of such Unit. Regidters ON AA David 6. Gorfice -Arciuttect ALA. ‘CADavid Surfaeds Fle\David E.Surfoe- Architect Drawing Residential Ballontte'SUPPLEMENTARY DELCLARATION-052108-Blds ‘900-1000dneEXHIBIT “C” IDENTIFYING NUMBERS OF UNITS Unit# Street Address Building 900 2460 Ballantrze Circle 2462 Ballantrae Circle 2464 Ballantrae Circle 2466 Ballantrae Circle Building 1000 2450 Ballantrae Circle 2452 Ballantrae Circle 2454 Ballantrae Circle 2456 Ballantrae Circle (0,Cliensiklitos\BALLANTRABICONDO DOCUMENTSISUPPLEMENTARY DEC\SUPPLEMENTARY DELCLARATION-052 108-81, '900-1000.dee