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Home My WebLink AboutRemonstrance: St. Christopher's Church ++ The Rev. Steve Fales, Rector The Rev. Barbara Kempf,Associate Rector i 'ST' CHIZISTOpHER'S 'EASCOPAL CHURCH 1402 West Main Street Carmel,IN 46032 317-846-8716 February 27, 2012 s 910 r; Board of Zoning Appeals � City of Carmel � � •� One Indiana Square 7vA Carmel, IN 46032 ?p/ Re: Variance filed on behalf of Merdian 131, LLC(Meridian &Main, Lot 1) e? a'n Docket No. 12020007V :°'' z � Gentlemen, We are hereby notifying you that the above reference request for variance is in direct conflict with the "Declaration of Covenants and Easements" excuted on the 2nd day of October, 2007 between Meridian 131, LLC and St. Christopher's Episcopal Church. We are specifically asking that you withhold taking any further action on this request until the issues between the parties can be resolved. I am attaching,for your records, a copy of the relevant pages of our agreement with Meridian 131, LLC that documents the fact that the provision for the "Church Common Parking Easement" has not been honored in their request for variance. Both Site Plan 1 and. Site Plan 2 as submitted with their documents shows driveway or roadway in the area agreed upon for the "Church Common Parking Area". (See attachement G from the originial agreement). Additionally, a portion of the driveway access as shown on Site Plan 2 goes over property currently still owned by the church. Your consideration in this matter is appreciated. Respectfully submitted, ,Ceeitz lrxtv, The Rev. Stephen Fales Ronel W. Giedt Rector Senior Warden cc: AngieConn, Planning Administrator, City of Carmel Jamie Browning, President of Browing and Associates St. Christopher's Episcopal Church Files ,! d'— 20070872 DECL,RNRTEO $03,00 r 10/22/2007 62;52146P 40'PGS iiir Jennifer J'..Hayden HAMILTON County Recorder- p ,, Seceded as Presented V _ ' DECILARATION OF COVENANT AV ASEY Ei n THIS DECLARATION,executed this 2"1 day of October,2007,b Meridian 131,LLC,an Indiana limited liability company(the"Declarant"),and The Rehr, Wardens,and Ves trypersons of St Christopher's Episcopal Church,of Carmel,Indiana a/k!a St.Christopher's Episcopal Church,of Carmel, Indiana(collectively,the"Church"),WITNESSES: Recitals WHEREAS;'-Dedarantowns in fee simple that certain real property that is located yew In Hamilton County, Indiana,more particularly described in Exhibit A,attached hereto and incorporated herein by reference(the"Initial Property"); WHEREAS,the deed conveying the Initial Property to Declarant was recorded In the Office of the Reoorderof Hamilton County, Indiana,on October No. 2007,as Instrument bj {: WHEREAS,the Church owns in fee simple that certain real property , s' p party that is located r incorporated herein by this reference(the' Additional Property"),and Declarant has the right to Additional Property from the Church. The deed conveying the Additional Property in Hamilton County, ndiana,more particular) described in Exhibit B,attached hereto and acquire.the, to ka the Church was recorded in the Office of the Recorder of Hamilton County,Indiana as Instrument No.200000057571; h . WHEREAS,the Church owns in fee simple that certain real property that is located '` in Hamilton County, Indiana,more particularly described In Exhibit C,attached hereto and incorporated herein by reference(the"Church Property"); WHEREAS,Declarant;intends to develop the Initial Property and the Additional Property(collectively,the"Real Estate").as a commercial business perk(the"Project"); WHEREAS,Declarant may acquire, 4 y =cq convey,or develop other real property ,4 adjacent to or near the Real Estate(the"Adjacent Real Estate"),which real property Declarant , may annex Into,and make a part of;the Project; WHEREAS,each parcel of real property within the Real Estate and the Project hereinafter is referred to as a'"Parcel,"and each owner of a Parcel hereinafter is referred to as an , "Owner"; WHEREAS, Declarant and the current and future owners,mortgagees,and py i holders of any interest in or to the Real Estate are referred to as the"Parties In Interest"); WHEREAS,each Parcel of the Real Estate upon which a building is built, constructed,or erected hereinafter is referred to as an"Improved Parser; BODB01 4850850v10 1 • ''1 buildings in the Projecktoolleotive the°Tenants");provided that the reservation herein of the Pylon Sign Easement shall be deemed teimpose upon Declarant any obligation to erect, install,or provide any Pylon Sign,or otherwise to exercise any of the•rights herein reserved to rv.. .+ `° i4 Declarant. Declarant shall=have!the absolute and exclusive right,knits sole discretion,to ` determine,designate,and-dictate-which Owners anctTeriant rrom time to time may use panels on the Pylon Sign(thee".Pylon Sign Users"). The Pylon.Sign,Easement shall be appurtenant to deem®dt the Parcels owned:or occupietby the Pylon Sign Users'(the•°3ign User Parcels"),and shall be ' . ,..•I. time° Sections 7 and Pylon-Sign Easement shall be User ct t osu and the' Iimit Sign as Users,from o granted for he benefit of the 3i be subject to subsequent limitation as provided in F d 8 of this Article 1,and to the Owner Covenants, Section 5.5-ProlectCotamonrParkinicpEasernent Declarant and the Church ,•hereby declare,create,.make and reserve a parking easement.;(the"Project Common Parking Easement''),In, under;over,above,across and through'thoseportions of the Real Estate ' developed for surface level parking. The Project Common Parking Easement and all rights in r; and the Project Commerf Parking,Easement are declared,created,:made,:and reserved for the '., benefit of the Parcels,:the Church-Property, Declarant,the Church,the Owners and all other , Parties in Interest for the'.purpose of providing common;parking on the improved Parcels(the ' "Project Common;Parking Areas"). The Project.Common Parking Easement shall be subject to subsequent limitations as provided in Sections 7'and$of this,Article I,and to.thwOwner 9 anything ry 9. . the acknowledges and agrees that.De larant,shail have the right to limit restrtct��and condition the • venants. Notwithstandin an i to the contra contained herein, a Church is , _ itig Areas:(other than;�the Church Common Parking;Area which use-of-the,P eot Common Park visitors,licensees and invitees of is sub ect to the rov�sions of Se subject p ction:8)by the Church�and.the mem�rs,;empipye�,occupants, the Church and/or theChurch Property at all times. Nothing contained in this Declaration shall authorize or•permlt'any Owner o r Party in Interest to use.any 1 parking areas'located on„the Church Property. creates;makes and re ewes the following Section li 'Church Common-Parklna Easemeet. The.Declarant hereby ,K.' declares, Parkin Eas ent” : pa tem 9 ora construction easements parking favor f ( p1 s 9, ) (a) p ry �nts.the'"Church:Com Declarant for the purpose ,� ' • of constructing-and im rovin the Chuprch.'` Parking ( defined),provided 2Y•that the reservation herein of the tam ovary construction ineasem sh t pa to impose upon Declarant any obli9aton teconstruct,instali,.or otherwise provide the Church Comn u A eaec e t forth in� II,Section 2,hereof, b)perpetual and uax as urt the Parcels and •Church Pr benefit of the Parcels,the Church'Property,.Declarant,the Church,theOwner and all and other Parties In Interest and(c)easements.In gross infavor of Declarant;eachof which easements , , `• . shali'be.in,on,under;over,above,across,and through that certain erain'portion'vf he Initial P that:is:depicted anddescribed on Exhibit(3 attached hereto and inco rtY•.. Incorporated hereinby reference,.'The Church Common Parking Easement and;alt rights In and to the Church Common • 0o mo E arlclnent are d the Church Common and.reserved for the purpose p 9 ( " purpose of providing. Article tend hall b the subjrect Covenants. Noitwi limitations as pArea").ad.t ect(ons 7 and 8 of this �� ! subsequent Notwithstanding:anything toe contrary,contained herein,the Church acknowled es:and • 9 agrees that°Declarant shall have the:rfght to limit;resttict y and condition:the use rof the Church Common Parking Easement by the Church and the BDD8014850850y10 .t e d . fl' w•, • yr . , • r; members,employees,occupants,visitors,licensees and:invite '" Church;Propertyat ail times other during evening hours t of the Church and/or and on weekends. (between 8:00 p.m.and 11b8 p.m,) M Section 7. gasetraent Rights I2esery sua r r.9 ra®.a (a) . n conjunction with the declaration, •,` - and reservation of the Access Easements,nts,the Utility and Imgatjcn Easements,the Drainage Easements,.the Pylon Sign Easement,the'Project Common Parking Easement and the Church Common Parking-Easement(c ofectively,the"Declared.Easements"), Declarant reserves the following rights,which rights are subject to the limitations set forth in Subsection 7(b)of this Article I: (I) From time-to time,.and at any time,to install,service,maintain, 1.repair,and replace-any portlon'of the Common A-ccess'Ways,the Utility Systems,the ,■` Drainage System,the Irrigation System,'the Pylon Sign or the Church Common Parking Area.- The rights set•forth In this clause(I)collectively are referred to as the"Easement maintenance Rights"; (II) From time to time,and at any time,to execute and record,without ry the oonsent-of the Church or any Owner or Party in Interest,additional'instruments that ' the purposes of Sections 1 through 6 of this the Church,to accomplish Declarant, in its sole discretion,determines to be necessary or appropriate p rp Artid®'I whidh,bind the Chur�r,thevOwners it and Parties in Interest,and: (A)limit the area of any Declared Easement to a defined or . - specified part of the Real;Estate,(B)define or specify the location of any Declared Easement relocated by Declarant pursuant•to clause(iii)of this Subsection,or (C)memorialize the abandonment or relocation of any Declared Easement pursuant to clause(iii)of this Subsection; '(iii) Fromtime totime,and at any time,to abandon or relocate any one or more of the Declared Easements,if Declarant-In Its sole discretion,determines that the abandonment or relocation is necessary or appropriate for.(A)compliance with any law, statute,ordinance,rule,regulation,order,or standardi(the"Law(s)")of any municipality or other political subdivision or governmental body or agency(coilectively,the"Municipality (B)compliance with the requirements- *);an public or private utility )' y P p ty provider(collectively, the"Utility Provider");(C),the'<abandonment'or relocation.of another Declared Easement; (D)the construction,erection;instafation,or alteration of a building or other improvement; or(E)the further development of the Project or the'Adjacent Real Estate. The rights set forth in this clause(ii)collectively ere referred to as the"Easement Relocation Rights"; (iv) From time to time,and at any time,,to promulgate reasonable rules and regulations concerning the Use by the Church(solely-with-respect to the Common Access Ways,the Access Easements,the Drainage.$ystem,the Drainage Easements, the,Project,,,Common Parking Areas and the Project Common Parking Easement,the Church Common Parking Easement and the Church Common Parking Area),the Owners, the Tenants,and the�visitors,Invitees,and licensees of Declarant,the Owners,and/or the a •• Tenants(collectively,the"Visitors")of (A)the Common Access Ways • , o d h-System,andthe Access Easements; (B).the Utility Systems, Irrigation Stem,and the e ' -8- F BDDBO14850850v10 - ° • a