Loading...
HomeMy WebLinkAbout331 W Main - Rezone Commitment_RECORDED2024021895 AGRE $25.00 06/21/2024 04:05:57PM 6 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented TGR II II II II II I I II II I I II II II STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY In accordance with I.C. 36-7-4-1015, the owners of the real estate located in Hamilton County, Indiana, which is described below, make the following COMMITMENTS concerning the use and development of the Real Estate: Tax Parcel ED:16-09-25-16-01-001.000 0.23 acres Addresses: 331 W. Main Street Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: I . The design and construction of new buildings on parcels with frontage on Main Street shall be per the Old Town Overlay Zone District Guidelines in 23D.03.03.B, fain Street District Sub Area. 2. Landscaping: All surface or structured parking located along 4"' Avenue SW shall be screened so that headlights are not visible from across the street. Screening may include any combination of plantings, walls or other opaque materials. The minimum planting area shall be at least six (6) feet in width and include four (4) shade trees and (20) twenty shrubs per 100 linear feet. 3. Dumpster Location: Commercial trash storage and removal shall be internal to the site and not visible from a public street. Removal shall not occur from a public street. 4. Phasing: Development proposed on a parcel adjacent to one or more existing homes in the same block shall be part of an overall master development plan for the entire block. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the adoption of Ordinance Z-611-16 by the Carmel Common Council changing the zoning classification of the Real Estate from the R-2/Residence District zoning classification to the C-2/Old Town District zoning classification. These COMMITMENTS may be enforced by the Carmel Department of Coimnunity Services or the Carmel Plan Commission. The undersigned hereby authorizes the Secretary of the Carmel Plan Commission to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance Z-611-16. IN WITNESS WHEREOF, owners have executed this instrument this 19day L of lac , 2f)1-6. Zv STATE OF INDIANA County of Public SS: �6 M; IAh Property Owner By. / (County in which notarization takes place) 43etf34�4&yfrs br jlei�v� }h1�- }��y f G�X�✓�v� P,YL Before me the undersigned, a Notary fbr 04 m I I T-m County, State of Indiana, personally appeared (Notary Public's county of residence) 4r_' / I e� 4_4k/ and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) day of , 20� (SEAL) MICHAEL LEE Notary Public - Seal Hamilton County - State of Indiana Commission Number NP0719893 My Commission Expires Apr 22, 2027 f Notary Public --Signature Notary Public --Please Print My commission expires: Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, 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. Sergey Grechukhin Return Instrument to: One Civic Square, Carmel, IN 46032 Address for Tax Purposes: One Civic Square, Carmel, IN 46032 WR TAXATION tance of t r 0 0 1r of Hamikon County 01-001.000 001398 WD $25.0 CDH 01/16 4 10:26:42A PGS Trini Beav III Hamilton Co corder IN Exhibit A Recorde s Presen GENERAL WARRANTY DEED THIS INDENTURE WITNESSETH that Beth R. Meyers ("Grantor"), CONVEYS AND WARRANTS to The City of Carmel Redevelopment Commission ("Grantee"), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the real estate located in Carmel, Hamilton County, Indiana, which is more particularly described in Exhibit A attached hereto and made a part hereof (the "Real Estate"), commonly known as 331 West Main Street, Carmel, Indiana. TO HAVE AND TO HOLD the Real Estate unto Grantee and Grantee's successors and assigns forever, free and clear of any and all liens, encumbrances, easements, restrictions, covenants and other title defects except those matters set forth on Exhibit B, attached hereto and incorporated herein by reference. The undersigned person executing this General Warranty Deed on behalf of Grantor represents and certifies that he has been fully empowered to execute and deliver this General Warranty Deed on behalf of Grantor; that Grantor has full capacity to convey the Real Estate described herein; and that all necessary action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has caused this General Warranty Deed to be executed as of the 12th day of January, 2024. GRANTOR: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for the State of Indiana, appeared Beth R. Meyers, who acknowledged the execution of the foregoing General Warranty Deed. WITNESS my hand and notarial seal this 12th d y of January, 2024. �LYN (NICK My cowisn a0es *= SEAL :•= August 16, 2026 Commission. NumberNP071533D Printed: Hamilton County Notary Public My Commission expires: My county of residence: This instrument was prepared by Ryan R. Wilmering, Esq., Wallack Somers & Haas, P.C., One Indiana Square, Suite 2300, Indianapolis, Indiana 46204; Telephone (317) 231-9000. The mailing address to which statements should be mailed under IC 6-1.1-22-8.1 is: One Civic Square, Carmel, Indiana 46032. The mailing address of the Grantee is: One Civic Square, Carmel, Indiana 46032. Return Deed to Grantee at Grantee's Address at: One Civic Square, Carmel, Indiana 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. Ryan R. Wilmering Exhibit A Real Estate Part of the East Half of the Southeast quarter of Section 25, Township 18 North, Range 3 East, located in Clay Township, Hamilton County, Indiana, being bounded as follows: Commencing at the Northwest corner of the Southeast quarter of Section 25, Township 18 North, Range 3 East (P.K. Nail); thence North 89 degrees 03 minutes 30 seconds East (Assumed bearing) 1309.37 feet along the North line of said Southeast quarter to the Northwest corner of the East half of said Southeast quarter (Midpoint of the North line of said Southeast quarter) and the point of beginning of this description; thence South 00 degrees 03 minutes 44 seconds West 171.00 feet along the West line of the east half of said Southeast quarter; thence north 89 degrees 03 minutes 30 seconds East 63.00 feet parallel with the North line of said Southeast quarter; thence North 00 degrees 03 minutes 44 seconds East 171.00 feet parallel with the West line of the East half of said Southeast quarter to the North line of said Southeast quarter; thence South 89 degrees 03 minutes 30 seconds West 63.00 feet along the North line of said Southeast quarter to the point of beginning. Containing .25 acres, more or less. Except that portion of the above described real estate conveyed to the City of Carmel by Warranty deed recorded December 27, 2006 as Instrument No. 2006076801. Exhibit B Exceptions 1. All taxes for the year 2023 Payable in 2024 and subsequent years, not yet due and payable. 2. Special assessments/sewer usage charges, if any, levied by the City/Town of Carmel. 3. Unrecorded lease by and between Beth Meyers (Seller) and Beth Meyers (Tenant). Seller's interest in lease assigned to The City of Carmel Redevelopment Commission, by assignment and assumption agreement dated January 1 lth , 2024.