HomeMy WebLinkAboutApplication/Correspondence Amend 3 2. 3456
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CENTER- 0
May 4, 2012
Michael Hollibaugh
Angie Conn
City of Carmel Planning & Zoning Division
1 Civic Square, 3rd Floor
Carmel, IN 46032
Michael and Angie,
Please find attached a copy of (a) Application for Amendment No. 3 Carmel City Center
Condominiums Buildings 1, (b) a draft of our Third Amendment to the Declarations, and (c) a mylar
copy of the Amendment No. 3. We did not contact William Akers because there were no changes to
addressing.
Please note we are placing existing retail units into two different condominium units entitled First
Floor - Retail Unit 1 and First Floor - Retail Unit 2. Additionally, the plat corrects the total square
footage of Units 703, 704, and 705, located on the seventh floor. If you have any questions concerning
the enclosed documentation or the proposed changes in general, please do not hesitate to call me at
(317) 218-2671.
e.ards
• • �Vw.� . ..
Jesus.C. Rivera
Vice President and Counsel
770 3rd Avenue
Carmel, IN 46032
(317) 218-2671
Enc.
A PEDCOR DEVELOPMENT
770'flhird Avenue SW Cannel, IN 46032 p: (: 1.7) 387-0320) 1 (31 7) 587-0140
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APPLICATION FOR CONDOMINIUMS MAY - 42012
Fee: $1,235.50 plus $123 per lot/unit
(Note: fees are due after the application receives a docket number.) cr' _
DATE: 5/4/2012 DOCKET# IA0036 HPR z
The undersigned agrees that any construction,reconstruction, enlargement,relocation or alteration of structure, or
any change in the use of land or structures'requested by this application will comply with, and conform to,all
applicable laws of the State of Indiana, and the Zoning Ordinance of Carmel, Indiana. IC 36-7-4-702(e) states that
the subdivision control ordinance may not regulate condominiums regulated by IC 32-25,but they are subject to all
applicable standards of the zoning ordinance.
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Name of Applicant: Carmel City Center Phone: 317-587-0320 Email: rbrown@pedcor.net
Address of Applicant: 770 3rd Avenue SW, Carmel, IN 46032 Fax: (317)-218-2665
Name of Owner: Carmel City Center, LLC
Name of Project:_Carmel City Center
Legal Description:f To be typewritt JUL, sepa to sheet and attached).
Area (in acres):
See Amendment No.3 Number of Lots/Units: See Amendment No.3 Zoning: C-1
Length in miles of new streets to be dedicated to public use;if applicable: N/A
Surveyor certifying plat:_ Donald R. Mosson
Surveyor's address and pho•- • 23-jNorth Green Street, Brownsburg, IN 46112 ; 317-858-8662
Signature of Applicant: '
OP IPP (Print) Ronald Brown
Tau: , Senior Vice President
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State of Indiana )
1' )SS:
County of t� 1 I' O'%., )
Before me the undersigned,a Notary Public for 4I6CV■A■
officer's cowty of residence)
County,State of Indiana,personally appeared RON) DO( .O L�A1 and
(name of pe son(s))
acknowledged the execution of the foregoing instrument this - day of
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[ fEFER
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y Commission Expires
(printed or typed) March 5,2018
5.1.10 Application for Condominiums: Two(2)copies,or mot-- - secondary plat and the construction plans,
together with supporting documents,shall be submitted to the Building Commissioner with this application and the application fee
as indicated in Section 29.6 of the Zoning Ordinance.
Filename:Condominium Application 2012 Revised 12/28/2011
77/012346.
Cross Reference: Instrument No 2010066955
Cross Reference: Instrument No 2010066956 e
;
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Cross Reference: Instrument No 2011009360 ® ifAY 41011 io
Cross Reference: Instrument No. 2011009361
Cross Reference: Instrument No. 2011064759 �
Cross Reference: Instrument No. 2011064760
Cross Reference: Instrument No. S 8 C z I `"
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THIRD AMENDMENT TO THE DECLARATION OF CONDOMINIUM
OWNERSHIP
FOR
THE CARMEL CITY CENTER CONDOMINIUM BUILDING 1
This Third Amendment to The Declaration of Condominium Ownership for the
Carmel City Center Condominium Building 1 (the "Third Amendment") executed the 4th
day of May 2012,by Carmel City Center, LLC, WITNESSES:
RECITALS
WHEREAS, Declarant executed that certain Declaration of Condominium
Ownership for the Carmel City Center Condominium Building 1 dated December 13,
2010, and recorded in the Recorder's Office as Instrument No. 2010066955 (the
"Original Declaration");
WHEREAS, Declarant executed that certain First Amendment to the Declaration
of Condominium Ownership for the Carmel City Center Condominium Building 1 dated
February 9; 2011, and recorded in the Recorder's Office as Instrument No. 2011009360
(the "First Amendment") whereby Declarant subdivided Unit 703 (as described in the
Original Declaration) into Unit 703 and Unit 704, and changed the designation and
address of Unit 704 (under the Original Declaration) to Unit 705 and Declarant also
included certain rooftop gardens as Limited Common Areas of Unit 702 and Unit 704
that revised the Building Percentage Interest and Residential Percentage Interest of
Owners of the Premises;
WHEREAS, Declarant executed that certain Second Amendment to the
Declaration of Condominium Ownership for the Cannel City Center Condominium
Building 1 dated December 8, 2011, and recorded in the Recorder's Office as Instrument
No. 2011064760 (the "Second Amendment", together with the First Amendment and the
Original Declaration as amended, sometimes herein collectively referred to as
"Declaration") whereby Declarant subdivided Unit 603 (as described in the Original
Declaration) into Unit 603 and Unit 605 and Unit 605 (as described in the Original
Declaration) into Unit 606 and Unit 607, and changed the designations and addresses of
these Units and Declarant also included Limited Common Areas of Units 603, 606, and
607, which, together with Unit 605, revised the Building Percentage Interest and
Residential Percentage Interest of Owners of the Premises; and
WHEREAS, thereafter, Declarant created Units 703, 704, and 705 ("Newly
Created Units") to replace Units 703, 704, and 705 as described in the Original
Declaration, and kept the designations and addresses of these Units the same and
Declarant also included certain rooftop gardens and Limited Common Areas of Newly
Created 'Units 703, 704, and 705, which affect the Building Percentage Interest and
Residential Percentage Interest of Owners of the Premises;
WHEREAS, Declarant created First Floor - Retail Unit 1 ("Retail Unit 1") that
encompasses Retail Units A101, A109, A117, A119, A127, A130, A136, A140, and
A151, which affect the Building Percentage Interest. and Retail Percentage Interest of
Owners of the Premise;
WHEREAS, Declarant created First.Floor - Retail Unit 2 ("Retail Unit 2") that
encompasses Retail Units A113, A144, A149, A155, A159, A170, A174, and A176,
which affect the Building Percentage Interest and Retail Percentage Interest of Owners of
the Premise;
WHEREAS, Declarant defined Retail Limited Common Area which consists of
all Limited Common Area exclusive to Retail Units, and Declarant may at any time
segregate portions of Retail Limited Common Area for the exclusive use of a Retail Unit;
and
WHEREAS, such changes are graphically reflected in an amendment to the Plans,
and Declarant, with the consent of all other Owners, also desires to reflect such changes
by amending the Declaration.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are acknowledged hereby, Declarant imposes the following
covenants, restrictions, and agreements upon the entire Premises:
1. Amendment. The following section of the Declarations shall be amended as
follows:
(a) Definitions. The following definition shall be added to the Declaration as Section
1.67A"
"Retail Limited Common Area" shall mean that portion of the Limited
Common Area situated on the 1st Floor of the Building, and designated
"First Floor Retail-Common Area".
(b) Retail Limited Common Area. The following provision concerning Retail
Limited Common Area shall be added to this Declaration as Section 2.7.6:
"Retail Limited Common Area shall constitute Limited Common Area for
the Retail Units. So long as all of the Owners of the Retail Units agree in
writing concerning the applicable Retail Limited Common Area, an
Owner of a Retail Unit shall have the right and authority to segregate a
portion of the Retail Limited Common Area for the exclusive use of such
Retail Unit, provided that such segregation does not unreasonably interfere
with access to Units. The right to segregate Retail Limited Common Area
shall include the right to erect or extend walls around such areas and treat
such area as the interior of a Retail Unit. Other than as set forth in this
paragraph, segregation.of Retail Limited Common Area for the exclusive
use of a Retail Unit shall not require the approval or consent of any Owner
or person, and no Owner of a Residential Unit shall have the right to
object to or challenge such segregation."
2. Building Percentage Interest. Declarant declares that Exhibit D-1 attached hereto
made part hereof for all purposes, shall supersede Exhibit D-1 of the Declaration and
shall serve as the Building Percentage Interest of Owner for all purposes.
3. Residential Percentage Interest. Declarant declares that Exhibit D-2 attached
hereto made part hereof for all purposes, shall supersede Exhibit D-2 of the Declaration
and shall serve as the Residential Percentage Interest of Owners of Residential Units for
all purposes.
4. Retail Percentage Interest. Declarant declares that Exhibit D-3 attached hereto
made part hereof for all purposes, shall supersede Exhibit D-3 of the Declaration and
shall serve as the Retail Percentage Interest of Owners of Retail Units for all purposes.
5. Miscellaneous. All capitalized terms used but not defined herein shall have the
meanings ascribed to such terms in the Declaration. In the event there is a conflict
between the Declaration and this Amendment, the terms and conditions of this
Amendment shall govern. Except as expressly provided in this Amendment, all of the
terms and conditions of the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant has executed this Amendment as of the date
set forth above.
Carmel Ci Center C
an •.-ana 1 � i -. Iiabil company
B Y �> �./
Ronald : 'own, .r Vice-President
[NOTARY PAGE TO FOLLOW]
STATE OF Jb/ }NF4 )
COUNTY OF �� � ss
This instrument as ACKNOWLEDGED before me on the L+ day of P tE , 2012,
by ROA/ 3 (../.w'J , ?authorized
`1e-e2 of 61,4gmei
147 tz_e
On behalf of said �)
II Nota ry Public ,,, ,;•., JANE L.KIEFER
'g Hamilton County
.NOTFRY'.
• sgu 2<,•" My Commission Expires
My C mmissi Expires:
"�' irf"' March 5,2018
OINVIMP
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I affirm, under penalty of perjury, that I have taken reasonable care to redact each social
security number in this document, unless required by law, Jesus C. Rivera.
This instrument we prepared by Jesus C. Rivera, Pedcor Bancorp, One Pedcor Square,
770 3rd Avenue, S.W., Carmel, Indiana 46032.
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