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Home My WebLink AboutTermination of Platted Recorded Covenants2020068976 PREL $25.00 09/30/2020 12:50:14PM 6 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented JDB CROSS REFERENCE TO PLAT: Book 2, Pages 174-175 TERMINATION OF RECORDED COVENANTS This TERMINATION OF RECORDED COVENANTS (this "Instrument") is made this 28th day of September, 2020 by MERIDIAN DEVELOPMENT PROPERTIES, LLC, an Indiana limited liability company ("MD Properties"), and MERIDIAN DEVELOPMENT REALTY, LLC, an Indiana limited liability company ("MD Realty," and together with MD Properties, the "Owners"). RECITALS: WHEREAS, MD Properties holds fee title to Lot 34 located in that Meridian Suburban Subdivision ("Subdivision"), a subdivision located in Carmel, Indiana as shown on that Meridian Suburban Plat dated January 6, 1960 and recorded in the Office of Recorder of Hamilton County, Indiana at Book 2, Pages 174-17 5 'Plat" WHEREAS, MD Realty holds fee title to Lots 2-16, 29, 33, and 35-46 within the Subdivision; WHEREAS, as of the date of this Instrument, the Subdivision is comprised of 31 separate real estate parcels, numbered Lots 2-16, 29, 30, and 33-46 (collectively, the "Lots" WHEREAS, the Plat contains enumerated sections the text ofwhich covers the following general matters: (1) dedication of streets and public ways; (2) use of Lots to be limited to residential purposes with single family structures not to exceed two stories and garages for at least two cars; (3) square footage minimum areas for each dwelling; (4) location of dwellings not nearer the building set -back and other lines shown on the Plat, restrictions on placement of certain accessory buildings, combining of lots into one buildable lot and the placement of dwellings thereon and the placement of garages on comer lots; (5) location of buildings within 5 feet of interior Lot lines and Lot area and width minimum requirements and prohibitions on subdividing Lots; (6) specifications limiting the material for the exterior facades of dwellings to brick, stone and new wood; (7) regarding the rights of public utilities; (8) regarding drainage easements; (9) prohibitions on noxious or offensive activities, nuisances and the like; (10) prohibitions on certain temporary structures and the prohibition of certain other structures (e.g., trailers and barns) being used for residential purposes; (11) prohibitions on certain animal husbandry and similar commercial activities; (12) prohibitions on dumping rubbish on Lots and other rules regarding proper disposal thereof, (13) the proper use of septic systems and tanks; (14) the proper use of potable water wells; (15) describing the duration and process for amending and terminating the Covenants; (16) a "savings clause" that preserves those Covenants that are not specifically invalidated by court order; (17) rights of owners to injunctive relief for violation of the Covenants; and (18) approval of building plans by a committee constituted for such purposes (herein, such enumerated clauses 1-18 inclusive shall be referred to collectively as the "Covenants"); WHEREAS, as aforesaid, enumerated section 15 of the Plat states that the Covenants may be changed in whole or in part by an instrument signed by a majority of the owners of the Lots; and WHEREAS, the Owners, as the owners of a majority of the Lots (viz., 30 of the 31 Lots), desire to terminate and release of record the Covenants pursuant to the process described in said section 15 of the Plat. NOW, THEREFORE, in consideration of the foregoing recitals all of which are hereby incorporated herein by this reference, the Owners do hereby state and agree as follows: 1. Termination and Release. All of the Covenants are hereby terminated and released of record. The Covenants shall, upon recordation of this Instrument in the Office of the Recorder of Hamilton County, Indiana, be of no further force or effect and shall not encumber, burden, or otherwise have any effect upon the Lots. For the sake of clarity, although the aforesaid recital describing the Covenants is, by its terms, a general description of the Covenants, the purpose of this Instrument is terminate the Covenants in their entirety. 2. Limits of Termination. Notwithstanding any provision contained herein to the contrary, this Instrument does not constitute a termination or release of any platted easements, set back lines, or rights of way for public streets shown on or contained within the Plat. (signatures on the following pages) IN WITNESS WHEREOF, the Owners have executed this Instrument this —4?-day of ry�wprE,! , 2020. MERIDIAN DEVELOPMENT PROPERTIES, LLC By: Martin A. Rosenberg, M ag STATE OF INDIANA ) ) SS: COUNTY OF M) Before me, a Notary Public in and for said County and State, personally appeared Martin A. Rosenberg, known to me to be the Manager of Meridian Development Properties, LLC, an Indiana limited liability company, and acknowledged the execution of the foregoing Instrument for and on behalf of said entity. Witness m�,,liad,wd Notarial Seal, this day of �� b c , 2020. TAR SEAL Notary Public — Signature -' PUBLIC <.r Notary Public — Printed s, afaaaaaaae.®b My Commission Expires: C -1/ty A vzq My County of Residence: Mr. wn*oA EXECUTED AND DELIVERED in my presence Signature: 1--/V Printed: a� Witness STATE OF INDIANA ) SS: ACKNOWLEDGMENT COUNTY OF M•r• o... ) Before me, a Notary Public in and for said County and State, personally appeared 0k:[JftA4 (j s , being known to me to be the person whose name is subscribed as a Witness to the foregoing instrument, and who, being duly sworn by me, deposes and says that the foregoing Instrument was executed and delivered by Martin A. Rosenberg, as Manager of Meridian Development Properties, LLC, in the foregoing subscribing Witness's presence. Witness my hand and Notarial Seal, this day of,1�c.�•,�re./ , 2020. �•`ER S F �•}Q�O\,sionN�•6R9�i�� ••`I NOTARY''• Z '� laC_7 SEAL Notary Public — Signature * ; * PUBLIC r '-?'c� '' • •~' ��F` ••` Notary Public — Printed e,v�lj}! SSEt� e•• My Commission Expires: My County of Residence: 0-L/zy % zy He40,. MERIDIAN DEVELOPMENT REALTY, LLC By: Martin A. Rosenberg, Ma STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Martin A. Rosenberg, known to me to be the Manager of Meridian Development Realty, LLC, an Indiana limited liability company, and acknowledged the execution of the foregoing Instrument for and on behalf of said entity. Witness M,l4W,d and Notarial Seal, this 7t day of �cw►Lc✓ , 2020. Q NOTARYe"" Z - * SEAL Notary Public — Signature PUBLIC -"' q �" of Notary Public — Printed Aqy s� My Commission Expires: My County of Residence: o Z /2 y /Z-0 zy EXECUTED AND DELIVERED in my presence Signature: Printed: AQ I tS Witness STATE OF INDIANA ) SS: ACKNOWLEDGMENT COUNTY OF J Before e, a Notary Public in and for said County and State, personally appeared Or L-I&A. 14 , being known to me to be the person whose name is subscribed as a Witness to the foregoing instrument, and who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered by Martin A. Rosenberg, as Manager of Meridian Development Realty, LLC, in the foregoing subscribing Witness's presence. Witness my hand and Notarial Seal, this _ day of c i�c.M-l.s �/ , 2020. •';sun No.•�••.,�'�'f' e NOTARY ` Notary Public - Signature * SEAL PUBLIC ' s ?'^" •• ��c',�' Notary Public - Printed My Commission Fk�ires: My County of Residence: az/2N/7.0Zy Mc-,oK 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: /s/ C. Addison Bradford This Instrument Prepared By: C. Addison Bradford, Hall, Render, Killian, Heath & Lyman, P.C., 500 N. Meridian Street, Suite 400, Indianapolis, IN 46204