HomeMy WebLinkAboutArdalan Plaza - Commitment Amendment
TERMINATION OF COMMITMENTS CONCERNING USE AND
DEVELOPMENT OF REAL ESTATE
Document Cross Reference: Instrument Numbers 2016-027832, 2024-021895, and 2024-021901
WHEREAS, a rezoning, identified by Carmel Plan Commission Docket Number
15030009 Z was approved on March 21, 2016 by the City of Carmel as Ordinance No. Z-611-16
(the “Rezone”);
WHEREAS, pursuant to I.C. 36-7-4-1015, as a condition to the Rezone commitments
were made and subsequently recorded with the Office of the Recorder of Hamilton County,
Indiana as Instrument Numbers 2016-027832, 2024-021895, and 2024-021901 (collectively, the
“Zoning Commitments”);
WHEREAS, pursuant to I.C. 36-7-4-1015, and the City of Carmel’s Unified
Development Ordinance (the “UDO”), the Carmel Plan Commission may terminate written
zoning commitments; at a public hearing per the notice requirements of the Carmel Plan
Commission Rules of Procedure;
WHEREAS, the City of Carmel Redevelopment Commission (the “CRC”) is the owner
of parcels of real estate that are identified by the Auditor of Hamilton County, Indiana as Parcel
Numbers 16-09-25-16-01-003.000 and 16-09-25-16-01-001.000 (collectively, the “CRC
Parcels”). Abdolaziz M. & Masoomeh Ardalan, as Trustees of the Abdolaziz M. Ardalan Living
Trust and the Masoomeh Ardalan Living Trust (collectively referred to herein as “Ardalan”) are
the owner of parcels of real estate that are identified by the Auditor of Hamilton County, Indiana
as Parcel Numbers 16-09-25-16-01-003.001 and 16-09-25-16-01-002.000 (collectively, the
“Ardalan Parcels”). The CRC Parcels and the Ardalan Parcels are collectively referred to herein
as the “Real Estate”; and
WHEREAS, the CRC and Ardalan are requesting the Plan Commission consider
Termination of the Zoning Commitments as the Zoning Commitments pertain to the Real Estate.
NOW, THEREFORE, BE IT ORDAINED that the Plan Commission, hereby
terminates the Zoning Commitments, as set forth below:
1. Terminated Commitments. The Zoning Commitments are terminated and no longer
binding on the owners of the Real Estate.
4. Effective Date. December __, 2024.
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5. Recording. This Termination of Commitments Concerning the Use and Development of
Real Estate shall be recorded with the Office of the Recorder of Hamilton County, Indiana.
Within thirty (30) days after recording the Termination of Commitments Concerning the Use and
Development of Real Estate, the same shall be provided to the City of Carmel’s Director of
Community Services.
_________________________________________
SECRETARY, Carmel Plan Commission
This instrument prepared by James E. Shinaver and Jon Dobosiewicz, Nelson & Frankenberger,
550 Congressional Blvd., Suite 210, Carmel, IN 46032.
Return to: James E. Shinaver, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210,
Carmel, IN 46032.
I affirm under the penalties of perjury that I have taken reasonable care to redact each social
security number in this document, unless required by law. James E. Shinaver.