HomeMy WebLinkAboutDeclaration of Commitments_Recorded 06-16-202020036736 DECL $25.00
06/16/2020 09:33:56AM 3 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111111111111111111111111111111111111111111111111111111111111111 IN LSB
DECLARATION OF COMMITMENTS
FOR BUFFER YARD LANDSCAPING PROXIMATE TO
4305-4317 EAST 146TH STREET
This Declaration of Commitments (hereafter Declaration) is made on the 'I`i--'-ay of June, 2020,
by Salsbery Brothers Landscaping, Inc., an Indiana corporation (hereafter Declarant).
WITNESSETH:
WHEREAS, Declarant is the, owner of the real estate more particularly described on what is
attached hereto and incorporated herein by reference as Exhibit A (hereafter Real Estate);
WHEREAS, the Commitments are made in connection with the granting of a Use Variance and
four Development Standards Variances, with respect to the Real Estate, by the Carmel Board of Zoning
Appeals under Docket Nos. 20020006 UV, 20020007 V, 20020008 V, 20020009 V and 20020010 V
(hereafter collectively the Applications);
WHEREAS, Declarant owns the Real Estate and, as such, has executed these Commitments to
show their consent hereto;
WHEREAS, the term Owner(s), as used throughout this Declaration, shall mean and refer to (i)
the Declarant, (ii) the Declarant's successors, assigns and grantees, (iii) any future owners of part or all of
the Real Estate, and (iv) any person or entity acquiring an interest in the Real Estate;
NOW, THEREFORE, Declarant declares that the Real Estate shall be held, sold, and conveyed
subject to the following commitment:
A. Landscaping Commitment Applicable to the Real Estate.
To the extent that Owner(s) has any control over the real estate located adjacent to the
east Real Estate line (hereafter East Property), Owner(s) commit(s) to establishing, with
the agreement and consent of the owner of the East Property and without cost to the
owner of the East Property, a landscape buffer on the East Property within a strip of land
15 feet in width and extending approximately 600 feet south from the south right-of-way
line of East 146th Street and parallel to and abutting the Real Estate. Due to the existence
of overhead electric power lines in this location, the installed landscaping shall not
include shade trees but shall consist of seven (7) ornamental trees and 15 shrubs per 100
linear feet of this landscape buffer but subject to any and all other restrictions that are or
may be imposed by the utility company owning and operating the electric power lines.
2. The timing for planting this landscaping shall coincide, to the extent that it can, with the
development of the East Property or by May 26, 2025, whichever occurs
KD_10830160_2.docx
first. Upon installation, the East Property owner shall own and be responsible for
all future costs for care and maintenance of the buffer landscaping.
Miscellaneous. Provisions Applicable to Corninitn7ents.
Binding can Successors and Assigns. These Commitments shall remain binding on
the Owner(s), unless modified or terminated in writing by the Carmel Board of
Zoning Appeals after a duly noticed public hearing. Any such termination or
modification of these Commitments shall be of no force or effect until the
Owner(s) consent(s) in writing to such termination or modification.
2. Effective Date. The Commitments contained herein shall not be effective until
both (i) the approval of any of the Applications, and (ii) the commencement of
construction pursuant to the approval of any of the Applications.
Date:
STATE OF INDIANA )
) SS:
COUNTY OF, )
SALSBERY BROTHERS LANDSCAPING,
INC., an Indiana corporation
By
*-frey
Saisl�ery 1'lesiden
Before me, a Notary Public, personally appeared Jeffrey A. Salsbery, President of
Salsbery Brothers Landscaping, Inc., an Indiana corporation, who acknowledged execution of
this Declaration of Commitments.
Witness my hand and Notarial Seal this day of , 2020.
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My Commission Expires:
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2, 22
KD 10830160_2.docx
EXHIBIT "A" LEGAL DESCRIPTION
A PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 19
NORTH, RANGE 4 EAST LOCATED IN HAMILTON COUNTY. INDIANA BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SECTION 20, TOWNSHIP 18 NORTH. RANGE 4 EAST_ THENCE
ON THE NORTI I LINE OF SAID NORTH WEST QUARTER SOUTH 89 DEGREES
59 MINUTES 54 SECONDS EAST (ASSUMED BEARING) 893.68 FEET TO THE
POINT OF BEGINNING OF THIS DESCRIPTION: THENCE CONTINUING ON
SAID NORTH LINE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS EAST 430.22
FEET TO THE EAST LINE OF TI4E WEST HALF OF SAID NORTHEAST
QUARTER; THENCE ON SAID EAST LINE SOUTH 00 DEGREES 49 MINUTES 00
SECONDS EAST 1012.50 FEET: THENCE PARALLEL WITH THE NORTH LINE
OF SAID NORTHEAST QUARTER NORTH 89 DEGREES 59 MINUTES 54
SECONDS WEST 430.22 FEET; THENCE PARALLEL WITH THE EAST LINE OF
SAID WESTHALF NORTH 00 DEGREES 49 MINUTES 00 SECONDS WEST
1012.50 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 ACRES.
MORE OR LESS.
SUBJECT TO ALL LEGAL EASEMENTS, RESTRICTIONS, LIENS, ENCUMBRANCES,
AND RIGHTS -OF -WAY APPEARING ON RECORD.
This document prepared by: Kevin Buchheit, Kreig DeVault LLP, 12800 North Meridian Street,
Suite 300, Carmel, IN 46032.
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. Kevin Buchheit
KD DECLARATION OF COMMITMENTS - buffer yard landscaping on east adjoiner(10830160.1).docx
KD_10830160 2.docx