HomeMy WebLinkAboutRecording NOTICE AND ACKNOWLEDGEMENT OF COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATENOTICE AND ACKNOWLEDGEMENT OF COMMITMENTS
CONCERNING USE AND DEVELOPMENT OF REAL ESTATE
("Notice and Acknowledgement")
HDC, LLC ("Owner") executes this Notice and Acknowledgement this �`� day of�r' 2020 for the
purposes stated herein and pursuant to the requirements of the Carmel Board of Zoning Appeals ("Board")
contained in the approval of Owner's Petition or Variance filed as case number PZ-2020-00004 V and
approved by the Board the 1 r/ , 2020, a copy of which is attached hereto as
EXHIBIT A ("Approved Variance") for the real estate legally described as:
LOT 9 IN THE HAMLET ATJACKSON'S GRANT, SECTION 1, FINAL PLAT, AS PER PLAT THEREOF
RECORDER AUGUST 22, 2017 AS INSTRUMENT NO. 20170408941N PLAT BOOK 5, PAGE 715,
AMENDED BY CERTIFICATES OF CORRECTION RECORDED SEPTEMBER 11, 2017, NOVEMBER 1,
2017, AND FEBRUARY 16, 2018 AS INSTRUMENT NUMBERS 2017044838, 2017054329, AND
2018006403 RESPECTIVELY, ALL IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY,
INDIANA. [TAX PARCEL NUMBERS: 29-09-34-011-009.000-018 / 17-09-34-00-11-009.000]
AND
LOT 10 IN THE HAMLET ATJACKSON'S GRANT, SECTION 1, FINAL PLAT, AS PER PLAT THEREOF
RECORDER AUGUST 22, 2017 AS INSTRUMENT NO. 2017040894 IN PLAT BOOK 5, PAGE 715,
AMENDED BY CERTIFICATES OF CORRECTION RECORDED SEPTEMBER 11, 2017, NOVEMBER 1,
2017, AND FEBRUARY 16, 2018 AS INSTRUMENT NUMBERS 2017044838, 2017054329, AND
2018006403 RESPECTIVELY, ALL IN THE OFFICE OF THE RECORDER OF HAMILTON, COUNTY,
INDIANA. [TAX PARCEL NUMBERS: 29-09-34-011-010.000-018 / 17-09-34-00-11-010.000]
And collectively referred to herein as "Lots".
The Owner, by its duly authorized representative's signature below, acknowledges and agrees that:
1. The Owner's Petition for Variance sought and was approved for the Lots being used as a single site for the
purposes of constructing one single family residential dwelling upon the Lots, subject to the Owner's
commitment acknowledging that additional single-family home or other similar structure will not be
permitted upon the Lots without further approval from the Board or unless approved consistent with the
unified development ordinance of the City of Carmel;
2. The commitments contained in Approved Variance shall be effective upon the Board's approval of
the Owner's Petition for Variance;
3. The Owner's commitments contained in the Approved Variance shall be recorded in the Office of the
Recorder of Hamilton County, Indiana to provide recorded notice of the terms, conditions,
provisions, and commitments in the Approved Variance;
4. Upon recording, the Owner shall provide a recorded copy of this Notice and Acknowledgement to
the City of Carmel Department of Community Services;
5. The Owner's commitments in the Approved Variance burden the above described property and shall
be binding upon Owner and any transferee, grantee, or successor in interest, in whole or in part, of
the Owner, UNLESS modified by the Board, or its successor in authority, upon a decision of the
Board following notice and public hearing; and
6. The Approved Variance shall inure to the benefit of the Owner and its successors in interest, in whole
or in part, subject to the commitments contained in the Approved Variance and the joint
enforcement authority of the Board and Carmel Department of Community Services, or its successor
in authority.
IN WITNESS WHEREOF, the undersigned, John McKenzie, duly authorized signatory for HDC, LLC executed this
NOTICE AND ACKNOWL GEMS T OF COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE
this a21 � day of �,a9 2020
HDC, LLC
e
By: John E. McKenzie
Its: Duly Authorized Signatory
ACKNOWLEDGEMENT
STATE OF INDIANA; COUNTY OF HAMILTON}} SS:
I, a Notary Public, hereby certify that John E. McKenzie, duly authorized signatory for HDC, LLC, whose name is
signed to the foregoing document, and who is known to me, acknowledged before me on this day its execution,
being informed of the contents oftheconveyance, executed the same voluntarily on the day the same bears date.
w er my hand this the R� th day of d ` 2020.[Hamilton
BRADrer M. Moss
Notary Public - Seal
Z County - State of Indiana
mission Number NP0678924
NOTARY SIGNATUREmission Expires Mar 22, 2024
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number
in this document, unless required by law. (Edward Anania)
THIS INSTRUMENT WAS PREPARED BY: Edward Anania (21479-76).