HomeMy WebLinkAboutPacket for PC 12-17-24Ardalan Plaza
Commitment Amendment Application
Docket No. PZ -2024-00205 CA
CITY OF CARMEL, INDIANA
December 17, 2024
City of Carmel Plan Commission
Applicant: Masoomeh and Abdolaziz M. Ardalan and Carmel
Redevelopment Commission
Attorneys: Nelson & Frankenberger, LLC
Jim Shinaver, Attorney
Jon C. Dobosiewicz, Land Use Professional
317-844-0106
TABLE OF CONTENTS
1. Explanation of Request
2. Site Location Exhibit
3. Site Plan and Landscape Plan
4. Architectural Exhibits
5. Prior Zoning Commitment – 311 West Main Street
6. Prior Zoning Commitment – 321 West Main Street
7. Prior Zoning Commitment – 331 West Main Street
8. 2024 Amended Zoning Commitments
TAB 1
EXPLANATION OF THE “ARDALAN PLAZA” COMMITMENT AMENDMENT REQUEST
The City of Carmel Redevelopment Commission 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 owners 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”. The Real Estate is zoned C-2, is slightly less than 1 acre and is located south of and adjacent to
Main Street, west of and adjacent to 3rd Avenue SW and east of and adjacent to 4th Avenue SW. Behind Tab
2 is a site location map of the Real Estate.
Ardalan has also filed applications seeking Development Plan, Architectural Design, Lighting,
Landscaping and Signage approval (collectively, “DP/ADLS”), as well as certain development standards
variances (collectively, the “Variances”). The DP/ADLS and Variances are collectively referred to herein as
the “Applications”. The Applications seek approval for construction of a mixed-use building to be known as
the “Ardalan Plaza” that will consist of: (i) retail uses (a restaurant space, retail tenant spaces and an art
gallery) and five (5) enclosed private residential garages on the first floor; (ii) four (4) luxury condominium
residences on the second floor; (iii) the Ardalan’s personal residence on the third floor; and, (iv) the
Ardalan’s private roof-top terrace including a greenhouse. Behind Tab 3 is a Site Plan and Landscape Plan
for the Ardalan Plaza.
The proposed mixed-use building is elegantly and exquisitely designed, as the architecture is
modeled and themed after an Italian Villa including details such as decorative columns, cornices, and
balustrades. The 3-story Building provides a continuation of activated ground floor retail and restaurant
spaces along Main Street. Further, the luxury condominium residences are thoughtfully and purposely
designed and include such features as: spacious out-door balconies; multiple bedrooms and living spaces,
with high-end interior finishes and soaring 12-foot ceilings. Behind Tab 4 are exhibits depicting the
architecture for the Ardalan Plaza building.
Associated with the Applications described above, the CRC and Ardalan are also seeking
Commitment Amendment approval related to three (3) zoning commitments affecting the Real Estate, which
zoning commitments were 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”). Copies of the Zoning Commitments are included behind Tab 5, Tab 6, and Tab 7 and were
associated with the approval of a rezone request identified by Docket Number 15030009 Z and Ordinance
No. Z-611-16.
The Commitment Amendment requests to vacate the prior Zoning Commitments in their entirety in
order to permit the development of the Ardalan Plaza and included behind Tab 8 is the proposed 2024
Amended Commitments.
We look forward to presenting the Commitment Amendment request for the Ardalan Plaza proposal
to the Plan Commission on December 17, 2024.
Respectfully submitted,
TAB 2
SITE LOCATION MAP
SITE
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TAB 3
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NOTES TO CONTRACTOR:
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GENERAL LANDSCAPE NOTES:
ADDITIONAL CITY OF CARMEL NOTES:
TAB 4
ADLS
SUBMISSION
No
t
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C
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s
t
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i
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Status
Project Information
Client Information
Architect / Interiors / Structural Design
Ardalan Plaza
CARMEL, INDIANA
275 Veterans Way
Carmel, Indiana 46032
317.810.1502
24062
10.08.2024
EXTERIOR
ELEVATIONS
A301
+0'-0"
FIRST FLOOR
+17'-4"
SECOND FLOOR
+33'-4"
THIRD FLOOR
+50'-8"
ROOF DECK
+65'-0"
BUILDING HEIGHT
01 FRONT (NORTH) ELEVATION
Scale: 1/8" = 1'-0"
+0'-0"
FIRST FLOOR
+17'-4"
SECOND FLOOR
+33'-4"
THIRD FLOOR
+50'-8"
ROOF DECK
+65'-0"
BUILDING HEIGHT
02 RIGHT (WEST) ELEVATION
Scale: 1/8" = 1'-0"
CARMEL, INDIANA
46032
311 - 331 W. MAIN STREET
A
A
B
B
C
C
D
D
E
D
E
F
F
G
G
H
H
I
I
J
J
K
L
LK
ELEVATIONS
MATERIAL LEGEND
HERITAGE CAST STONE
COLOR: BUFF
A
DRYVIT EIFS TUSCAN GLAZE
COLOR #1: 811 MAPLE WALNUT
B
DRYVIT EIFS TUSCAN GLAZE
COLOR #2: 800 METROPOLITAN
C
DRYVIT EIFS TUSCAN GLAZE
COLOR #3: 806 HEATHER
D
ALUMINUM STOREFRONT
COLOR: BROWN
E
WOOD CLAD WINDOW
COLOR: BROWN
F
BEST BUY METALS
DECRA VILLA METAL ROOFING
COLOR: CAPRI CLAY
G
PAINTED WOOD
ROOF BRACKETS
COLOR MATCH TO LEGEND ITEM
'B' (MAPLE WALNUT)
H
SIGNAGE TO MATCH EXISTING
'SOORI GALLERY' SIGN
I
ENTRY CHANDELIER FIXTURE
J
CAST STONE BALUSTRADE
COLOR: MATCH LEGEND ITEM
'A' (BUFF)
K
EIFS WINDOW TRIM
COLOR: MATCH LEGEND ITEM
'D' (HEATHER)
L
GOOSENECK LIGHT FIXTURE
M
Abdulaziz &
Masoomeh Ardalan
+0'-0"
FIRST FLOOR
+17'-4"
SECOND FLOOR
+33'-4"
THIRD FLOOR
+50'-8"
ROOF DECK
+65'-0"
BUILDING HEIGHT
01 BACK (SOUTH) ELEVATION
Scale: 1/8" = 1'-0"
+0'-0"
FIRST FLOOR
+17'-4"
SECOND FLOOR
+33'-4"
THIRD FLOOR
+50'-8"
ROOF DECK
+65'-0"
BUILDING HEIGHT
02 LEFT (EAST) ELEVATION
Scale: 1/8" = 1'-0"
ADLS
SUBMISSION
No
t
f
o
r C
o
n
s
t
r
u
c
t
i
o
n
Status
Project Information
Client Information
Architect / Interiors / Structural Design
Ardalan Plaza
CARMEL, INDIANA
275 Veterans Way
Carmel, Indiana 46032
317.810.1502
24062
10.08.2024
EXTERIOR
ELEVATIONS
A302
Abdulaziz &
Masoomeh Ardalan
CARMEL, INDIANA
46032
311 - 331 W. MAIN STREET
ELEVATIONS
MATERIAL LEGEND
HERITAGE CAST STONE
COLOR: BUFF
A
DRYVIT EIFS TUSCAN GLAZE
COLOR #1: 811 MAPLE WALNUT
B
DRYVIT EIFS TUSCAN GLAZE
COLOR #2: 800 METROPOLITAN
C
DRYVIT EIFS TUSCAN GLAZE
COLOR #3: 806 HEATHER
D
ALUMINUM STOREFRONT
COLOR: BROWN
E
WOOD CLAD WINDOW
COLOR: BROWN
F
BEST BUY METALS
DECRA VILLA METAL ROOFING
COLOR: CAPRI CLAY
G
PAINTED WOOD
ROOF BRACKETS
COLOR MATCH TO LEGEND ITEM
'B' (MAPLE WALNUT)
H
SIGNAGE TO MATCH EXISTING
'SOORI GALLERY' SIGN
I
ENTRY CHANDELIER FIXTURE
J
CAST STONE BALUSTRADE
COLOR: MATCH LEGEND ITEM
'A' (BUFF)
K
EIFS WINDOW TRIM
COLOR: MATCH LEGEND ITEM
'D' (HEATHER)
L
A
B
C
D
F
G
H
I
L
G
H
L
A
B
C
D
E
F
I
J
K
GOOSENECK LIGHT FIXTURE
M
M
E
TAB 5
2024021901 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
WTAXATIONtanceof
erofHamiltoncounty
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 - SealLoneCounty - 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.
TAB 6
TAB 7
2024021895 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 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.
TAB 8
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.
2 | Page
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.