Commitments/Covenants - Renihan/Jerry & Diane APPROVED, At TO 1'9
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COMMITMENTS AND COVENANTS CONCERNING THE USE AND DEVELOPMENT
OF REAL ESTATE Instrument
9709751439
Jerry P. Renihan and Diane D. Renihan (the "Renihans husband and wife, hereby jointly and
individually make the following commitments and covenants to the City of Carmel Board of Public
Works and Safety "Board and to the City of Carmel, Indiana "City
1. Description of Real Estate:
A part of the Southwest Quarter of Section 33, Township 18 North, Range 4 East, described as
follows:
Beginning at a point on the West line of said Southwest Quarter 225.0 feet South of the
Northwest corner of said Southwest Quarter Section; thence East parallel with the North line of
said Quarter Section 374.0 feet; thence South parallel with the West line of said quarter section
220.0 feet; thence West parallel with the North line of said quarter section 374.0 feet to the
intersection of the West half of said quarter section; thence North on and along the West line
220.0 feet to the place of beginning.
Commonly known as 11955 North Gray Road, Carmel, Indiana 46033 (the "Real Estate
2. Statement of Commitments and Covenants:
a) The Renihans commit and covenant that, in consideration for the City's provision of sanitary
sewer and water service to the Real Estate, they, by their signature hereon, agree to waive and
shall be deemed to have waived their right to remonstrate against annexation of all or a portion
of the Real Estate by the City at any time.
b) The Renihans also each expressly warrant and declare that the Real Estate shall be held,
transferred and occupied subject to the commitments and covenants contained in paragraph 2(a)
hereinabove, and that any owner of the Real Estate, by (i.) acceptance of a deed conveying title
thereto, or the execution of the contract for the purchase thereof, whether from the Renihans or
any subsequent owner(s) of such Real Estate or (ii.) by the act of occupancy of the Real Estate,
shall execute such deed and execute such contract subject to each commitments and covenants
contained herein. Further, by acceptance of such deed, or execution of such contract, the
Renihans and any subsequent owner(s) who at any time have or acquire any interest in the Real
Estate (except merely as security for the performance of an obligation) acknowledge the rights
and powers of the Renihans with respect to the commitments and covenants contained herein,
and for themselves, as well as for their heirs, personal representatives, successors and assigns,
hereby covenant, agree and consent to keep, observe, comply with and perform all the
commitments and covenants set forth herein.
3. Binding on Successors and Assigns:
The commitments and covenants contained herein are binding upon the Renihans, each
subsequent owner of the Real Estate and each other person acquiring an interest in the Real
Estate, unless same are modified or terminated by the Board. These commitments and
I
covenants may be modified or terminated only by a decision of the Board made at a public
hearing after notice as provided by the rules of the Board and other applicable law.
4. Effective Date:
The commitments and covenants contained herein shall become effective as of the date this
agreement is executed by the last of the parties hereto.
5. Recording:
The Renihans, as the sole owners of the Real Estate, hereby authorize the Board and/or the City
to record these commitments and covenants in the Office of the Recorder of Hamilton County,
Indiana, immediately on or after the date on which this instrument is executed by them.
6. Enforcement:
These commitments and covenants may be enforced by the Board and the City.
IN WITNESS WHEREOF, the parties have executed this agreement as follows:
CITY OF CARMEL
by and through its Board of
Public Works and Safety
0 A
AriLlir l4)4-'
l ames Brainard, Mayor ir P. Re than
Date: V ate: e P/L 9
t _,4 1 I
A. k°L
Mary Aim ur e, Member iane D. earn a p
Date: 4.,
Date: g p `-r
6 1 cip
Billyalker, Member
Date: Of 97
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ATTEST: Its si
a
Diana L. Cord ay Clerk/Treasur.
Date: ,Oh/ 1t7
L
l/
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Jerry Renihan
and Diane Renihan who acknowledged the execution of the foregoing Commitments and Covenants
Concerning the Use and Development of Real Estate, and who, having been duly sworn, stated that
any representations therein contained are true.
WITNESS my hand and Norairal Seal this ()Li day of 0Qi 1997
My Commission C�c�s/�
Expires: \1 ,Z� A r Notary Public
Residing in \\q, \\t, County, Indiana
9709751439
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 12 -01 -1997 At 12:29 pm.
MISC 13.00
tik'?r7
.r Tom
This instrument was prepared by Douglas C. Haney, city attonr� C:i- 4 One
Civic Square, Carmel, Indiana 46032. a M-` I, rte.
t V Nr
a.
TON COUNTY RECORDER
it;:: MARY L. CLARK RECORDER
a
.�xAi i i p i O(/
�;•e.: ]b-�'
a
Date: I o r97 1 �J /4Q- nn 1 /7_,
Please review and make the necessary corrections or additions. Please feel free to call
if you have any questions. (317) 776 -9618.
Real Estate NOT in Hamilton County
Recording fee either ncorrect •r omitted
Sill 00
Book Page and /or Instrument number missing
Problem with Check
Signature Signatures missing
Name must be printed under signatures
Signature must be notarized
Notary incomplete
Prepared Statement needed
Legal Description missing
No Gross Income Tax Statement needed
Document could not be transferred because transfer /disclosure fee not included.
Document could not be transferred. See attached sheet for explanation or call the
Hamilton County Auditor at (317) 776 -9624.
Other
Sent by:I
33 NORTH NINTH STREET, SUITE 309
NOBLESVILLE, INDIANA 46060 -2204
PHONE (317) 776 -9619
OF
I l
City of C.1 rmel
4
6 0 0 0
November 19, 1997
Jerry and Diane Renihan
11955 Gray Road
Carmel, Indiana 46033
Re: Commitments and Covenants
Dear Mr. and Mrs. Renihan:
Thank you for sending an additional check for $4 to complete the recording of the Commitments
and Covenants approved October 1, 1997, by the Carmel Board of Public Works Safety.
Again, a copy of the transmittal letter to the Hamilton County Recorder is enclosed. I apologize
for the inconvenience of asking you to send another check.
Please call me at 571 -2413 if you have any questions.
Sincerely,
/7
ZCz.4
Rebecca L. Wolf
Clerk Treasurer's Office
enclosure: copy of recorder letter
cc: file
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571.2400
JERRY RENIHAN 20 -5/740
DIANE RENIHAN 700050144685 1473
11955 GRAY RD. 843 -2721
CARMEL, IN 46033
DATE ../=-41 /-5 y
:4,1 PAY TO THE //j vv.�. /9/
M ORDER OF
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DOLLARS a
NBD Bank, N.A.
Indiana Central Region
Indianapolis, Indiana 46266
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I:0 740000 5 2D: 7000 50 14468 1' 0. 14 3
9
SAFE, PIPER
JERRY RENIHAN 700050144685 1430
gi DIANE RENIHAN
11955 GRAY RD. 843 -2721
I V CARMEL, IN 46033 DATE 9 7
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4
`q PAY TO THE p e. Y
3u ORDER OF C�'L�
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DOLLARS a =me
3i NBD Bank, N.A.
,6 I ndiana Central Region
0I Indianapolis, Indiana 46266
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MEMO
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i:0 740000 5 21: 7000 50 14468 511° 1,430
HAMILTON COUNTY RECORDER
,.,...4:i f' 4 tr..- MARY L. CLARK RECORDER
Uri 73' gull 1
Date: //2/
Please review and make the necessary corrections or additions. Please feel free to call
if you have any questions. (317) 776 -9618.
Real Estate NOT in Hamilton County
Recording fee either incorrect or omitted
Book Page and /or Instrument number missing
Problem with Check
Signature Signatures missing
Name must be printed under signatures
Signature must be notarized
Notary incomplete,
Pre•ared Statement needed /•r
Legal Description missing
No Gross Income Tax Statement needed
Document could not be transferred because transfer /disclosure fee not included.
Document could not be transferred. See attached sheet for explanation or call the
Hamilton County Auditor at (317) 776 -9624.
Other
)71----`
Sent by:
33 NORTH NINTH STREET, SUITE 309
NOBLESVILLE. INDIANA 46060 -2204
PHONE (317) 776 -9619