COMMITMENTS MODIFYING OR TERMINATING EXISTING COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A SPECIAL EXCEPTION OR A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE
In accordance with state law, the Owner of the real estate located in the Town of New Carlisle, St. Joseph 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:
STATEMENT OF MODIFICATION OR TERMINATION OF COMMITMENTS existing in Instrument Number ___________ as recorded in the office of the Recorder of St. Joseph County, Indiana, as made in connection with petition #_________________:
1.
2.
3.
4.
These modified COMMITMENTS shall be binding on the Owner of the above-described real estate, subsequent owners of the above-described real estate, and other persons acquiring an interest in the above-described real estate.
These modified COMMITMENTS may be further modified or terminated by a decision of the Board of Zoning Appeals made at a public hearing after proper notice has been given.
Modified COMMITMENTS contained in this instrument shall be effective upon the adoption of modification or termination approved by the Board of Zoning Appeals in petition #________________.
These COMMITMENTS may be enforced jointly or severally by:
1. The Town of New Carlisle, Indiana;
2. Owners of all parcels of ground adjoining the real estate to a depth of 300 feet from the subject property, and all owners of real estate within the area included in the petition who were not petitioners. Owners of real estate entirely located outside of the Town of New Carlisle are not included, however; and
3. _________________________________________________________________
_________________________________________________________________
The undersigned hereby authorizes the Secretary of the Board of Zoning Appeals to record this Commitment in the office of the Recorder of St. Joseph County, Indiana, upon final approval of modification and/or termination of commitment(s) by the Board of Zoning Appeals in petition #_________________.
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. D, passed 1-26-2010)