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HomeMy WebLinkAboutRecorded Commitments u o CROSS REF: INST. #200000037263 200200078155 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 10-18-2002 03:37 pm. VARIANCE. 14.00!'~ . /<... ,~ 1/> 1."\ / 1 REer- ".\ 1~! fEO' ~r!/I[D \~j C . C . ~ .i12a " omnntments oncemmg ~\ DOCS 'f}J ..~;J . the Development and Use of Real -~tate /<~~/ Attendant to Development Standards V arianc~pfo~aj>6f .....,---.--...... Docket No. V-55-01 (Moehl Residence) In accordance with Indiana Code Section 36-7-4-921, the undersigned, Timothy F. Moehl (hereafter, "Owner"), owner of the following described real estate ("Property") located in Hamilton County, Indiana, makes' the following ,Commitments concerning the use and development of real estate ("Commitments") to the City of Carmel & Clay Township Advisory Board of Zoning Appeals: Description of Real Estate: Beginning at the Southeast comer of Lot Number Fourteen (14) in Bailey's Hamilton Highlands, 2nd Section, the Plat of which is recorded in Deed Record 134, pages 587- 588, running thence east parallel to the South Line of the West half of the Southeast. Quarter of Section 1, Township 17 North, Range 3 East, a distance of325 feet more or less to the East line of said half quarter section, . thence North along said East line 125 feet, thence West 325 feet more or less to the Northeast comer of said Lot 14, thence South to the place of beginning, all of the above described real estate being in the west half of the southeast quarter of Section 1, Township 17 North, Range 3 East., StatementofComrnllOnen~: 1. That a 210- foot long landscape bufferyard shall be established along the south property . line pursuant to Section 26.4: Perimeter Buffering Requirements of the Carmel/Clay . o o page 2 of3 ^. Zoning Ordinance as specified for abutting Single-family Residential properties. The City of Carmel's Urban Forester shall be the entity responsible for reviewing and approving the Landscape Plan for the aforementioned bufferyard. . 2. That, excepting those trees to be removed in order to construct the detached garage shown on the plans filed as part of Docket No. V-55-0l, the trees shown on the Tree fuventory submitted to the Carmel Department of Community Seivices on August 17, 2001, and made part of the aforementioned file, shall bepresetved. 3. That there shall be no pavement located within the south Minimum Side Yard of the subject property. Binding on Heirs, Successors and Assigns. These commitments are binding on the owner ofthe Real Estate, each subsequent owner of the real estate, and each person acquiring interest in the real estate, unless modified or terminated by the CarmeVClay Advisory Board of Zoning Appeals. Recording. The undersigned agrees to record these Commitments in the Office of the Recorder of Hamilton County, fudiana, upon granting of the approval of the project. , E.nforcement. These commitments may be enforced by the CarmeVClay Advisory Board of Zoning Appeals and/or the City of Carmel, fudiana. o u page 3 of3 Executed this (f;~ day of tJCTtJ BG I!- r.7~~1l: ~ By: 1- + 'l Printed: Timothy . Moehl Title: Owner . 2002. . STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and for said. County and State, personally appeared Timothy F. Moehl, the Owner of the Property, who acknowledged the execution of the foregoing Commitments, and who, having been duly sworn, stated that the representations made herein are true.. wrIftlESS mr;ha\1d ~NOtaria1 Seal the ~ day of . t) j)- .2002. ~ q9<6 Notary Public State of Indiana, Printed: Go~n D. Byers Residing inHamilton County. My Commission Expires: December 5. 2008 prepared in accordance with the Carmel/Clay Advisory Board of Zoning Appeals's approval of Docket No. V-55-01. prepared by Gordon D. Byers, Attorney at Law, 949 Conner St., Suite 101 Noblesville, IN 46060 (317) 773-3221 .', o o Key Number: 17-13-01-04-08-014-000 , WARRANTY DEED TIllS INDENTURE WIlNESSETH that DARA:I.YNN MATTERS Grantor, of Hamilton County in the State ofIndiana, CONVEYS AND WARRANTS to TIMOTHY F. MOEHL, Grantee, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, the receipt and 'sufficiency of which is hereby acknowledged, the following described real estate in Hamilton County, State ofIndiana, to-wit: ' Beginning at the Southeast comer of Lot Number Fourteen (14) in Bailey's Hamilton Highlands, 2nd Section, Plat of which is recorded in Deed Record 134, pages 587-588 running thence east parallel to the South line of the West half of the Southeast Quarter of section I, Township 17 North, Range 3 East, a distance of 325 feet more or less to the east line of said half quarter section, thence North along said East line 125 feet, thence West 325 feet more or less to the Northeast comer of said Lot 14 thence south to the place of beginning, all of the above described real estate being in the west half of the southeast quarter of section I, township 17 north range 3 east. Commonly known as: 10645 Rear Highland Drive Indianapolis, IN 46208. Subject to any and all easements, agreements, and restrictions of record. Subject to thereal estate ,taxes for 1999, payable in 2000, and to all subsequent taxes. IN WIlNESS WHEREOF, Grantor has executed this Warranty Deed this \ 1- day .~~ Grantor:' DARA YNN MATTERS .:::J.j\ '-l STATE OF INDIANA ) ) I SS: ) COUNTY OF Marion Before ~e, the, undersigned, a Notary Public in and for said County and State, on this l'2 day of . ),-\hk .2000, personally appeared Dara Lynn Matters, who acknowledged the execution of the above ' a d foregoing Warranty Deed to be his/her voluntary act and deed and, having been duly sworn, stated under the penalty for perjury that the representations contained therein are true. IN WIlNESS WHEREOF, I have hereurtto'subscribed DEAN CALVERT Cotinty of Residence: Mail tax bills to: Return deed to: This instrument prepared by: Barry T. Barnes, Attorney at Law, LIKENS & BLOMQUIST. LLC, 3939 Priority Way South Drive. Ste. 210, Indianapolis, Indiana 46240. _.)'.;'