NOTE: The Town of New Carlisle Zoning Ordinance requires the use of this form in recording commitment modification(s) or termination(s) with respect to a Zone Map Change or Planned Unit Development in accordance with state law.
COMMITMENTS MODIFYING OR TERMINATING EXISTING COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A ZONE MAP CHANGE OR PLANNED
UNIT DEVELOPMENT
In accordance with state law, the Owner of the real estate located in the Town of New Carlisle, Indiana, which is described below, makes the following modification(s) or termination(s) of commitment(s) concerning the use and development of the following described parcel of real estate:
LEGAL DESCRIPTION:
STATEMENT OF MODIFICATION OR TERMINATION OF COMMITMENTS:
1.
2.
3.
These MODIFICATION OR TERMINATION OF COMMITMENTS shall run with the land, be binding on the Owner of the above-referenced real estate, subsequent owners of the above-referenced real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given.
MODIFICATION OR TERMINATION OF COMMITMENTS contained in this instrument shall be effective upon adoption of modification or termination approved by the Area Plan Commission of St. Joseph County in petition #__________________: (i) the real estate is rezoned; or (ii) modified or terminated by the Area Plan Commission of St. Joseph County.
These COMMITMENTS may be enforced jointly or severally by:
1. The Area Plan Commission of St. Joseph County;
2. The Town of New Carlisle, Indiana;
3. Owners of all parcels of ground adjoining the real estate within 300 feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and
4. _______________________________________________________________
_______________________________________________________________
The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this MODIFICATION OR TERMINATION OF COMMITMENTS in the office of the Recorder of St. Joseph County, Indiana, upon final approval petition #________ by the Area Plan Commission of St. Joseph County.
IN WITNESS WHEREOF, Owner has executed this instrument this _____ day of _______, _____________.
(Individual Owner)
Signature _______________ (Seal) Signature ____________________ (Seal)
Printed _________________ Printed ______________________
(Organization Owner)
_________________________________
By ______________________________
Printed ___________________________
Title _____________________________
(Individual Acknowledgment)
STATE OF_____________ )
) SS:
COUNTY OF___________ )
Before me, a Notary Public in and for said County and State, personally appeared __________________________, Owner(s) 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 _____ day of____________, _______.
Signature __________________________
Printed ____________________________
County of Residence ________________
My Commission expires: ____________
(Organization Acknowledgment)
STATE OF_____________ )
) SS:
COUNTY OF___________ )
Before me, a Notary Public in and for said County and State, personally appeared _________________, the_____________ of _____________, a(n)__________, Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true.
Witness my hand and Notarial Seal this ________ day of ______, _______________.
Signature __________________________
Printed ____________________________
County of Residence ________________________________
My Commission expires: ____________________________
This instrument was prepared by ______________________.
(Ord. 1221, Exh. B, passed 1-26-2010)