HomeMy WebLinkAboutRezone Commitment_331 W Main - 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
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M; IAh Property
Owner By. /
County
in which notarization takes place) 43etf34
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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
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0 0 1rofHamikonCounty
01-001.000
001398 WD $25.0
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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.