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Home My WebLink About311 W Main - Rezone Commitment_RECORDED2024021901 AGRE $25.00 06/21/2024 04:07:08PM 6 PGS Trini Beaver LLP Hamilton County Recorder IN Recorded as Presented II II II II II I I II II I I II I I 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 ID: 16-09-25-16-01-003.000 0.16 acres Addresses: 311 W. Main Street Docket No.: 15030009 Z Council Ordinance: Z-611-16 Statement of COMMITMENTS: 1. Maximum Building Height: 45' 2. 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 2313.03.03.13, Main Street District Sub -Area. 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 Community 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. t. IN WITNESS WHEREOF, owners have executed this instrument this)y day of )(%y�,_— , 26i,6- Z U Property Owner By: �u�� ctit' �.Ct.Vif1 P �T U fop fiiUn►r� �.O i� STATE OF INDIANA SS: County of r� (\l�]j ` h Before me the undersigned, a Notary Public (County in which notarization takes place) for I-1nm l I'T' h County, State of Indiana, personally appeared (Notary Public's county of residence) le 4 r,j Ae y fe f S k and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or ' ower of Attorney) ) 44'1 day of �) L4 E , 20 _ (SEAL) MICHAEL LEE Notary Public - Seal Hamilton County - State of Indiana Commission Number NP0719893 My Commission Expires Apr 22. 2027 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 BPG W TAXATIONtance of erof Hamilton county 01-003.000 Exhibit A 3016127 WD $25.00 05/0 23 10:31:05A PGS Trini Bea Hamilton Co ecorder IN Recorde s Presen JMZ THIS INDENTURE WITNESSETH that Bruce E. Petit ("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 311 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 13, 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 3 day of May, 2023. By: Bruce E. Petit STATE OF INDIANA ) 1 ) SS: COUNTY OF, f I � N � ) Before me, a Notary Public in and for the State of Indiana, appeared Bruce E. Petit, who acknowledged the execution of the foregoing General Warranty Deed. WITNESS my hand and notarial seal this 0 day of May, ;023 7ERA 0. PREUSS - Notary Public - Seal L one County - State of Indiana mmission Number PIP0632835 Printed:mmission Expires Mar 31, 2028 Notary Public My Commission expires `aRr `' 1 y county of residence i` ._ 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 A part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the 2°d Principal Meridian, Hamilton County, Indiana, more particularly described by Christopher L. Porter, LS21200022, on January 26, 2023, as part of a Retracement Survey performed by Bledsoe Riggert Cooper & James, Inc., Job Number 11198, as follows: Commencing at the Northwest Corner of the East Half of the Southeast Quarter of said Section 25; thence along the north line of said East Half NORTH 90 degrees 00 minutes 00 seconds EAST a distance of 128.50 feet; thence leaving said north line and along the east line of a parcel in the name of Ardalan as described in Instrument Number 2022002370 in the Hamilton County Recorder's Office SOUTH O1 degrees 00 minutes 01 seconds WEST a distance of 25.00 feet to a 5/8-inch diameter rebar with cap stamped BRCJ INC 6892 IN, hereinafter referred to as a BRCJ rebar and the Point of Beginning; thence continuing along said east line SOUTH O1 degrees 00 minutes 01 seconds WEST a distance of 113.50 feet to a BRCJ rebar, passing a 1/2-inch diameter rebar at 7.93 feet; thence leaving said east line NORTH 90 degrees 00 minutes 00 seconds EAST a distance of 66.00 feet to a BRCJ rebar; thence NORTH O1 degrees 00 minutes 01 seconds EAST a distance of 113.50 feet to a BRCJ rebar; thence NORTH 90 degrees 00 minutes 00 seconds WEST a distance of 66.00 feet to the point of beginning. Exhibit B Exceptions 1. Taxes for 2022 payable 2023, and for 2023 payable 2024 now a lien, not yet due and payable. 2. Possible municipal assessments, sewer use charges, and/or impact fees levied by City of Carmel, Indiana. 3. Right of the Public, County and/or Municipality in and to that part of the Land used for roadway purposes. 4. Sidewalk Easement agreement with the Town of Carmel, Indiana, recorded October 8, 1975 in Deed Book 284, pages 511-512, as Instrument Number 3145, as referred to on the "Survey". 5. ALTA/NSPS Survey by Christopher L. Porter, an Indiana Registered Land Surveyor with Bledsoe Riggert Cooper James, under BRCJ Project No. ' 11198 dated April 28, 2023 (referred to herein as the "Survey"), discloses the following: a. Existing fence location inconsistent with the surveyed south boundary line of the Land. 6. Unrecorded lease by and between Bruce E. Petit (Seller) and Ann VanDeveire (Tenant). Seller's interest in lease assigned to The City of Carmel Redevelopment Commission, by assignment and assumption agreement dated , 2023.