HomeMy WebLinkAboutCommitments RECORDED 3-1-122012010484 MISC $17.00
03/01/2012 12:59:54P 4 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
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COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH A SPECIAL USE APPROVAL AND
VARIANCE OF DEVELOPMENT STANDARDS
TO THE CITY OF CARMEL ZONING ORDINANCE
--In.- accordance -with 1.C. 36-7 -4 -1015 and Chapter 31.06.05 of the City of Carmel Zoning
Ordinance, the owner of the real estate located in the City of Carmel, Hamilton County, Indiana,
which is described below, makes the following COMMITMENTS concerning the use and
development of the following described parcel of real estate:
Legal Description: See the attached Exhibit A
Statement of Commitments:
1. No more than forty -five (45) horses shall be boarded on the subject property at any one
tune.
2. The primary building for boarding horses shall be "Building D" as identified on the aerial
photos filed as exhibits for Docket Nos. 11120008 SU and 11120009 V (the "Site Plan
No horses shall be boarded in "Buildings B or C
3. Horses may be boarded in "Building A" as identified on the Site PIan only if such
boarding is reasonably necessary for the behavioral or physical health, safety, or
protection of the horses or in emergency situations.
Pursuant to Chapter 31.06.05 of the Carmel Zoning Ordinance, the COMMITMENTS contained
herein shall be effective upon approval of the Special Use and Variance of Development
Standards applications for Docket Nos. 11120008 SU and 11120009 V and shall continue in
effect until modified or terminated in conformance with the requirements herein.
These COMMITMENTS shall be recorded in the Office of the Hamilton County Recorder,
Hamilton County, Indiana, and shall be considered a covenant runnin with the land.
These COMMITMENTS shall be binding on the owner of the above described real estate,
subsequent owners of the above- described real estate and other person or entity acquiring an
interest therein.
BDDB01 9101062v 1
These COMMITMENTS may be modified or terminated only with the approval of the owner or
owners of the real estate subject to the COMMITMENTS, and the City of Carmel Board of
Zoning Appeals after a public hearing.
These COMMITMENTS may be enforced, jointly or severally, by:
a. The City of Carmel Plan Commission or the Board of Zoning Appeals, as the case
may be; and
b. The Director of the Carmel Department of Community Services.
In the event it becomes necessary to enforce these COND 1TMENTS in a court of competent
jurisdiction, and the owner of the Real Estate is found to be in violation of this COMMITMENT,
the owner shall pay all reasonable cost in the enforcement of this COMMITMENT, including
attorney fees.
The undersigned hereby authorizes the Director of the Carmel Department of Community
Services to record this instrument in the Office of the Recorder of Hamilton County, Indiana,
upon final approval of Docket Nos. 11120008 SU and 11120009 V.
IN TNESS WHEREOF, owner has executed this instrument this day of
20.
Rinehart Farm, Inc.
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Richard Rinehart
Printed Name
Title
BDDBOI 9101062v1
STATE OF INDIANA
COUNTY OF HAMILTON
SS:
Before me, a Notary Public in and for said County and State, personally appeared
Richard Rinehart, as registered agent of Rinehart Farm, Inc., owner of the real estate described
above who acknowledged the execution of the foregoing instrument and who, having been duly
sworn, stated that any representations therein contained are true.
Witness my hand and Notarial Seal this Z7 day of eLLA" 20 C Auttlot,,,,,
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SiknaqtGf Notary Printed or typed name of Notary A
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County of Residence: i[ [C My Commission expires:
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These Commitments were approved by the City of Carmel Board of Zoning Appeals on the
day of 20
I
ecretary, City of CmmigMaqjfof Zoning Appeals
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. Joseph M. Scimia
This instrument was prepared by Joseph M. Scimia, Baker Daniels, 600 E. 96"' Street, Suite
600, Indianapolis, IN 46240.
BDDB01 9101062v1
Legal Description
A Part Of The Northeast Quarter Of Section 21, Township 18 North, Range 3 East In Clay Township,
Hamilton County, Indiana Being More Particularly Described As Follows:
Commencing At The Northeast Corner Of Said Northeast Quarter Section; Thence South 00 Degrees 59
Minutes 58 Seconds West (Assumed Bearing) Along The East Line Of Said Northeast Quarter Section
480.04 Feet To The Point Of Beginning; Thence Continuing South 00 Degrees 59 Minutes 58 Seconds
West Along Said East Line 729.10 Feet; Thence North 89 Degrees 00 Minutes 02 Seconds West 195.21
Feet; Thence South 01 Degrees 04 Minutes 37 Seconds West 252.14 Feet; Thence South 89 Degrees 00
Minutes 02 Seconds East 195.55 Feet To A Point On The East Line; Thence South 00 Degrees 59
Minutes 58 Seconds West Along Said East Line 244.03 Feet; Thence North 89 Decrees 13 Minutes 36
Seconds West 434.75 Feet; Thence North 00 Degrees 44 Minutes 07 Seconds East 799.13 Feet; Thence
South 89 Degrees 04 Minutes 06 Seconds East 35.21 Feet; Thence North 00 Degrees 59 Minutes 28
Seconds East 427.69 Feet; Thence South 89 Degrees 01 Minutes 07 Seconds East 403.28 Feet To The
Place Of Beginning, Containing 10.830 Acres, More Or Less.
Excepting The Area Described As Follows:
Commencing At The Northeast Corner Of The Northeast Quarter Of Section 21, Township 18, Range 3
East, Thence South 00 Degrees 18 Minutes 33 Seconds West, Along The East Line Of Said Quarter
Section A Distance Of 1461.28 Feet To The Place Of Beginning, Thence Continuing South 00 Degrees
18 Minutes 33 Seconds West Along Said East Line A Distance Of 244.03 Feet, Thence North 89 Degrees
55 Minutes 01 Seconds West A Distance Of 40.00 Feet, Thence North 00 Degrees 18 Minutes 33
Seconds East Parallel To Said East Line A Distance Of 244,19 Feet, Thence South 89 Degrees 41
Minutes 27 Seconds East A Distance Of 40.00 Feet To The Place Of Beginning.
Containing 0.22 Acres (9,764.36 Square Feet), More Or Less.
Also Excepting The Area Described As Follows:
Commencing At The Northeast Corner Of The Northeast Quarter Of Section 21, Township 18, Range 3
East, Thence South 00 Degrees 18 Minutes 33 Seconds West, Along The East Line Of Said Quarter
Section A Distance Of 480.04 Feet To The Place Of Beginning, Thence Continuing South 00 Degrees 18
Minutes 33 Seconds West Along Said East Line A Distance Of 729.09 Feet, Thence North 89 Degrees 41
Minutes 27 Seconds West A Distance Of 40.00 Feet, Thence North 00 Degrees 18 Minutes 33 Seconds
East Parallel To Said East Line A Distance Of 729.08 Feet, Thence South 89 Degrees 42 Minutes 32
Seconds East A Distance Of 40.00 Feet To The Place Of Beginning.
Containing 0.67 Acres (29,163.54 Square Feet), More Or Less.
BDDBOI 9101062x1