HomeMy WebLinkAboutReal Estates Covenants
r
v
u
REAL ESTATE COVENANTS
TO: Carmel plan commission, city of Carmel, Indiana
RE: Docket No. 52-85-Z
Rezone APplication of
Meridian 465 Associates, Ltd.,
an Indiana Limited partnership
75.969 acres located north of 1-465 and between
u. S. 31 on the east and Spring Mill Road on the west
Meridian 465 Associates, Ltd., an Indiana Limited
Partnership (the "Petitioner"), as a part of its Petition to
Rezone 75.969 acres situated north of 1-465, and lying between
U.s~ 31 on the east and Spring Mill Road on the west in Clay
Township, Hamilton County, Indiana, the legal description of
which is attached hereto, made a part hereof, and identified as
Exhibits A, Band C (hereinafter jointly referred to as "The Real
Estate"), does hereby unilaterally covenant with the Carmel Plan
commission and the City of Carmel, Indiana, as follows:
COVENANTS ATTENDANT TO PETITION FOR REZONE
1. Applicability of Certain U. S. 31 (Meridian Corridor)
Overlay Zone Requirements:
A. The Petitioner covenants that notwithstanding the
permitted uses and special uses provided for in the
underlying zone districts applicable to The Real Estate, the
uses defined as "Excluded Uses" under Section 23.01-7 of
the Zoning Ordinance of the city of Carmel, Indiana,
(January, 1980), shall be prohibited on The Real Estate in
the same manner as if The Real Estate were actually located
- -----
- ----
within the U. S. 31 Highway Overlay Zone.
--
- --
o
~
o
B. The Petitioner covenants that development of The
Real Estate shall be subject to Cannel Plan Commission
--
---
review and approval of architectural design, landscaping,
-- --
-- -
lighting and signage as provided in Section 23.01 of The
....---
I11III- _ _ _ _ _ _ __ _ _...
Zoning Ordinance of thE!C:{ty-of Carmel, Indiana, January,
1980 (United States Highway 31 Overlay Zone).
The Carmel Plan Commission hereby accepts the aforementioned
covenants and agrees to perform the review provided for herein
upon the adoption of an ordinance by the Carmel City Council
granting the Rezone Application of the Petitioner in
substantially the form as submitted.
2. Restriction as to Residential Uses Only:
.
The Petitioner covenants that the real estate owned by
Petitioner containing 16.190 acres and described on Exhibit 0,
and located between The Real Estate and Spring Mill Road is
currently zoned S-2 under the Zoning Ordinance of the City of
Carmel (January, 1980), and that such real estate, upon the
passage of an ordinance by the Carmel City Council rezoning The
Real Estate shall thereafter be used for residential purposes
only.
3. Natural Area - Spring Mill Road:
Petitioner covenants that. a part of the real estate
described on Exhibit D as specifically described on Exhibit E and
the real estate described on Exhibit F, owned by the Petitioner
and located between The Real Estate and Spring Mill Road is
currently zoned S-2 and that upon the passage of an ordinance by
the Carmel City Council rezoning The Real Estate, the existing
trees and foliage located on the real estate shall thereafter be
u
u
maintained in their present natural state or in accordance with
any subsequent landscape plan submitted by petitioner or its
successors and assigns and approved by the Carmel Plan
commiss ion.
It is understood that acceleration and deceleration lanes
will be constructed in conjunction with the access road from
Spring Mill Road pursuant to the traffic plan submitted herewith.
4. Consent to Annexation:
A. Petitioner cdvenants to consent to annexation of The
Real Est~te by the city of Carmel upon request, concurrent with
its development, which may occur in phases.
5. Final Approval:
The foregoing covenants by Meridian 465 Associates, Ltd.,
are made, conditioned and contingent upon final approval of the
pending petition to Rezone The Real Estate as described in
Exhibits A, Band C by Ordinance of fhe Carmel City Council.
Upon passage of the Rezone Ordinance, the above covenants shall
be binding upon the successors and assigns of Meridian 465
Assoqiates, Ltd., and may be enforced by the Carmel Plan
Co~ission or other governmental authority having jurisdiction by
appropriate civil action for injunctive relief and for damages.
There shall be no rights of reversion or forfeiture of title
resulting from any violations of these covenants.
MERIDIAN 465 ASSOCIATES, LTD.,
an Indiana Limited Partnership
By:
o
o
STATE OF INDIANA
S8:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State,
personally appeared Michael G. Browning, known to me as a General
Partner of Meridian 465 Associates, Ltd., who executed the
foreg6ing Real Estate Covenants and stated that the
representations c~n~a_i,ned therein ar, ~ true and accurate.)
Dated this ~>-~( 'Ii day of k~> 19 E .
/
.~
)1y C
(~- ' (,/ <
{l
THIS INSTRUMENT WAS PREPARED BY:
James J. Nelson
NELSON & FRANKENBERGER, P.C.
3021 E. 98th street, Suite 220
Indianapolis, IN 46280
(317) 844-0106
",-0.-
w
TRACT I
-
u
.
Pmrt of tho North'll6ut Quarter of Section 11, To'Wuship 17, North~
Range 3 Eagt in Haml1tonCounty, Indlana~ being more particularly
described a8 follows:
commencing at tbe Nortbveet COEner of the suid Northwest Quarter
Section; thence Nortb 89 degTGC9 12 mlnutee 45 seconds (Assumed
Beering) Glong the North line of 8sid Northwest Qunrter 1320.00
feet to tho BeginniQg point; thence No~th 89 degrees 12 mlnutea
45 aecondo !aet along &aid No~tb line 363.15 feet; thence South
00 degrc~S 47 minutea 15 Gaconde Eaat 16.50 feet to the Southwesterly
tight-of-way line of UoS. '31 ae per plana for I.S.UoC. Project
No. 51.F-222 (9) dated 1973; thence South 76 degrees 38 minutes 19
seconds East, aloog Geld right-af-way line 218.74 feet to B curve
hav!ngA radius of 22173031 feet, the radius point of which benrG
NOTth 89 degrees 48 minutes 13 ~eccn~~ We~t. the~~e ~c~t~e~ly eLong
said ~urve aud West right-of-way line of U.S. IJl 8 diBtance of
771.69 feet to a point which b~ar8 Soutb 87 degrees 5~ minut~s 43
seconds "East from 80id radius pO!Dt~ thence South 02 degreee 08
minutes 20 secondo Weet along usid rlght-of-w13)' ,line 656.61 feet
to a curve having a radius of a3063.31 fc~tp the r~diuG point of
which bears South 87 deg~eaD 51 mlnuteo 40 serioridB E~st; thence
Southerly eloD& 80ld curve and Weet right-af-woy line 491.51 feet
to the North 11~e of a tract qf land conveyed to tbe Pilgrim
Lutheran Church of Indianapolis, Incor~oratedo recor4~d April
15, 1916. par Corporate Warranty Deed In Deed nook ~87. paGes
832 and 833 10 the Office of the Recorder of Hamilton County~
Indiana. (eald point buinu North 89 degrees 04 minutes 56 seconds
West from oald radius po1nt)~ thence Sou~h 89 degrc~~ 06 minutes
10 seconds West along tbo Boid North line 587.61 fpet to a curve
having a radius of 130000 feet. the r~diu9 pDlnt ot ~hlch bears
North 88 degrees 28 minutes 21 secondo West; theDC~ Southwesterly.
Wea~erly"and Northwcoterly along said curve 4a8~80 feet to a point
yhlcb bearo Nor~h 53 degrees 02 minutes 25 Bec~ndB W~Bt from sald
radius polot# then~e North 00 degreea 53 minutes SO seconds WC6t
576.30 feet; thence North 89 dogreee 15 minutes 00 seconds East
154~OO feet; thence No%tb 00 degrees 00 mLnutee 00 seconds East.
~8tBllel vltb the ijeet lipe of the aaid Northweot Quarter Section
660.00 feet; thence North 69 degrees IS minutes. 00 ~ecoDdB Enst
131~99 feet; tbence North 00 degreeo 00 minutes. 00 8pconds East~
parallel ~lth the said West line 660.86 feet (Me~Bur~d) 660 feet
(D~ed) to the Beginning Polnt. containing 32.812 ~cr~a, more or
less.
EXHIBIT ~
I.'
- - ---0----
TRACT 11
o
Pa~t of tbe Uest half of Section II; TowDBhip 11 North. Range 3
Ese t in Hamil ton County. Indiann 0 b4dn& mo r c pn t' t 1cula.r 1y d ea cr ibed
aD follo\lliJ:
CO.lI1menci.ng at the Southwest corner of the Northwest Quarter of
8s1d Section 11; thence North a9 degrees 06 minutes 10 aeconds
East (~sGume4 bearing) along the South line of the &s1d Northwest
Quart~r Section 146.82 fe.t to the Beginning Point; thence North
69 de8r~ea ~ minutes 10 a~cond6 East along the Bald South line
146.98 feet; thence North 45 degrees 00 minutes 00 seconds East
322.17 fee~; thence North 00 degrees 00 minutes 00 seconds East.
parallel with the West line of the Bald Northwest Quarter Section
it 27 . 08 fee t; th e nee. No r t h ,8 9 d e g r e es 0 () 111 in u t ea 1 0 8 e co n d 9 E 8 G t D
parallel with tbe aoldSouth line 496.63 f~ct to D cutv~ having
8 radius of 130.00 feet, the radius point of which bears North
1S degrees 50 min~tes 12 seconds East; thence Southeasterly.
Eaoterly and Northeaaterlyalong the raaid curve 372.61 feet to
8 potn~ which besrs South 8& d~g~e~e 28 minutee 21 a~conds East
from. seid radius point; thence. Nort.h 89 degrees 06 minutes 10
secondo!Cullt. parallel with ,the said South lino 28.11 feet; thence
So~th GO de~rees 09 mlntuee 10 seconds West 676.10 feet to the
So~Ch line cf the said North~eBt Quarter Section~hence South 69
desiees 06 I:L1nutes 10 seconds-West along the ~aid Soutb line 66.00
f~~t; tb~nce South 00 degre.s 08 minutes 35 seconds West 664.00
fe,t; th~nce South 89 degreea O~ minutes 10 ecconda West. parallel
vith the North line of th~ S~uthweBt Quarter of said Section 11
s ~j8tance of 252.95 fee~; tb~n~e South 00 degrees 03 minutes 10
seconds West, pnrallel with the Weat line of the Geid Southwest
QU4rter Section 331.08 feet; thence South 89 degrees 06 minutes
l~ seconds Weoto parallel with the said North lioe 836.39 feet;
thence North 00 degrees 03 minutes 10 seconde East. parallel
with tbe said Weal line 2~S.lS fect; thence North 89 degree~ 56
minuteD SO gecondo West 146.80 feet to the Weat l1ne of the said
Soutblf8St Q.a.arter Section; thence North 00 degreeo 03 minutes 10
8econd~ East along tbe aa-ld West line 60.00 feet; thence South
89 degrees S-~ minutes SO oeconds Boat 146.80 feet; thence North 00
degre-eo 03 !lll1nutcs 10 eeco_uda East, parallel with tbe said Yest
line 685.94 feet to tbe Beginning Point. contalning 35.157 acres,
more or less. .
nXUIDIT ~
\-
( 1
-
TRACt 111
--u
Part of tbe No~tbweot Quarter of Seccion l1. Township 17 North,
Range 3 Eaot in Ha~ilton County, Indiana, being more particulerly
described 85 follpws:
Commencing at the Northwest eorner of the said Northwest Quarter
S~ctioD; thence Soutb O~ degrees 00 m1ntuee 00 n~conds West
(a~sumed bearing) alnng the West line af the soid Quarter Section
1~3&.36 feet; thence North 89 degrees 15 minutoS 00 seconds East
55.00 feet; thence Soucb 73 degrees 06 minutes 00 seconds East
119.52 feet; thence Soutb 90 degrees 00 minutes 00 aecondB Esst
195.61 fe~t; thence North S9 degroeB 02 m~nutes 00 BecQnds East
169.11 feet; ~hcnce North 64 degrees 22 minut~8 00 8econds East
13.34 fee t to the Bcg:lnn1ng Foint; thence Nor tb 64 degrees .22
minutes 00 seconds Esst 153.01 feet; thence North 89 degrees 15
SDinutes 00 seconds East 314.00 feet; thence South 00 degt'ees ,53
mln~t~9 50 seconds East 576.30 fee~ to a curve having n radius of
130~OO feet, the radius point of which bears South 53 degrees 02
minutes 25 seconds Eapt; thence Southvcaterly olong the said
curve 115099 feet to a point which bears South 75 degrees 50
winu t eo 12 eel:ond 8 West f rom said r'ad ius poin t; t.hence Sou th 89
degrees 06 minqteB 10 seconds West, parallel witb the South line
of 8aid Northwest Quarter S~~tion 498.63 feet; thence North 00
degrees 00 minutes 00 seconds Eaat parallel with t.he 6aid West
11~e 622.92 feet to the Beginning point~ conts.1nin& 8.000 acres.
..
EXUI BIT "eu
-
f';
U
()
TRACT IV
Par~ of the Northwest and SoutbwaB~ Quarter of Seetlon 11. Township
17 North, amDge 3 Ea6t lnBaml1ton CountYt Indiana. being tllore
particularly described as follows:
Com~eDcln8 at the Northwest corner of the suid Northwest Quarter
Section; thence Sotith 00 degr~eB 00 mlnutC6 00 secoodB West
(aB&u~ed bearing) along the Weut line of the ~aid Quart.er Section
1436~36 feet to the ne&lnn~ng Point; thence North 89 degrees
15 ~1nut.8 00 seconds Esst 55.&00 feet~ thence South 73 degrees 06
minutes 00 seconds East 119.52 feat; thence South 90 degrees 00
minute~ 00 eeconds East 195.61 feet; thence North 59 de~reeB 02
minutes on seconds East 169.l1 feet; thence North 64 d~grees 22
minutea 00 seconds East 13.34 feet; thence South 00 degrees 00
minutes 00 leconde West, parallel wi~h the said West line 1050.00
feet; thence South 45 degrees 00 mtnutea 00 seconds west 322.;7 fee.t
to the South line of the said Northwest Quarter Section; thence
South eg degrees 06 mlnut~s 10 seconds West along the soid South
line 146&98 feet; thence South 00 degrees 03 minutes 10 seconds
We8t~ parallel vith the West line of snid Southwest Q~artcr Section
685.94 feet; thence North 89 d~gr~es 56 mintitea 50 seconds West 146.80
feet. to the. West line of the 8.ai.d Southwest Quarter Section; thence
Horlh 00 degrees 03 minutes 10 seconds East aloog the said West
line 683 io SO feet to the Southwe,61t corner of the said Northwest
Quarter Section; thenceN~~tb 00 degrees 00 mi~ute~ 00 seconds
East along the said West 1224.07 feet (measur~d) 1224.53 feet (Deed)
to the Beginning Point, containing 16.190 acres, more or less.
Exhibit OlD"
t
.'171~
. ..
I
.'J
)
,
-'-
L.,)
u
..I.~J'1L........
--''''
LEGAL PESCRIPTION
12.308 ill! !~flC!l
Part of ihe soutbwest QUQrt~r o[ Section 11. To~n8hip 17
North. Range J Eemt in psmilton County, Indiana, b~iD& more
psrtlculerly deBc~ibed am follows:
8er.inninl art tbe Ifolrt.hvelilt COll'ner of the Baid South,.,cst
QUA r t e r See t i 0 iii; It h 0 nee No r t h 89 de g r e e fI .06 El i n u It e Ii 10
Illecondu Rest (assumed be4lrang) clonr. the North line o[ the
said Southwest Quarter Se~tion 146.62 feet; thence South 00
de&r~eA 03 ~inu,eB 10 seconds W~et~ parallel with the West
line of e~id Snuthwealt Quarter section 685.94 feet; thence
!tolrtb' 89 degreea56 minuteG 50 seconds 'West 146.80 fect to
the Weat line of the said SouthwcBt4~Q~tc. 3~ci~on; thence
Narth 00 deg~c~O oJ .inulte6 10 seconds Enat nlon~ the Baid
Weat line 683.50 feet to the nc&innin& Point, containing
2.)08 GC~eBt ~ore or le8~.
Exhibit !lEu
Ii" ,
! '
~
o
o
Part oftbe Southwest Quarter of Sect;lon 11, Township 17 North,
Rang~ 3 East in Hamilton Couoty, ludiana~ being more particularly
deacribed 48 follows:
commenc~ns at the ~orthWe8t corner of thessid Southwest Quarter
Sect~on; tbence Soutb 00 degrees 03 minutes 10 seconds West
(assumed bearing). along th~ West line of the said Quarter Section
7 4 3 ~ 5 0 f eat tot he Beg inn l1:l& Ii 0 in tat hen c e Sou the 9 de g r~ e 8 5 6
mlnu~~8 50 seconds Eust 146.80 feet; thence South 00 degrees 03
m1nuies 10 seconds West. parallel with the suld West line 255.15
fee~~ thence Soutb 89 degrees Q6 minutes 10 seconds West, parallel
wlt~' the North line of the 8a~d Southwest Quarter Sectioo, 100.00
feet to the East right-of-way line of Spring Mill Road per plans
for I.S.R.C. Project 30. 1-465-4-(94)-130 dated 1965, Sheet No. 42,
(the next U/'O (2) described coursed being along the s,aid East
r 1 g h t _ 0 f _" 8 Y 1 in e); c hen c e Nor thO 2 d e g r e e B 4 8 m 1 nut C,B 30 see 0 n d &
West J36.34 feet; thence North 02 degrees 30 minutes 12 seconds
West 112.11 feet; thence North 89 degrees 56 minutes 50 seconds
We~t 35.00 feet to the West line of the said Southwest Quarter
Section; thence North 00 degrees 03 minutes 10 seconds East along
tbe said West line 8.62 feet to the Beginning Point, containing
0.631 acres, more or less.
EXHIBIT F