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HomeMy Public PortalAbout19-1988-32 RESOLUTION NO. 1988-32 A RESOLUTION DECLARING OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR GREENCASTLE OLD INDUSTRIAL PARK WHEREAS, City of Greencastle owns a tract of land commonly known as the Old Industrial Park located on Zinc Mill Road, specifically described in Exhibit A attached hereto and made a part hereof as if included herein, and hereinafter referred to as the Old Industrial Park; and WHEREAS, City of Greencastle intends to sell parcels of the Old Industrial Park with restrictions in accordance with a common plan designed to preserve the value and qualities of said property for the benefit of its future owners. NOW, THEREFORE, the City of Greencastle declares that said property shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said real property: 1. No part of the real estate or any building, structure or improvement shall be used for other than industrial, warehouse, distribution, wholesale or other commercial nonretail use. 2. A setback of 100 feet on buildings fronting/siding on Zinc Mill Road; A setback of 80 feet off any entry road; Side setback of 25 feet for any driveway; Side setback of 50 feet for any building. Special exceptions may be approved only if approval is received from both the Citizens Advisory Commission for Industrial Development and the owners of the properties touching the area to be excepted. 3. Offstreet parking, loading and unloading areas shall be paved or constructed of suitable hard surfacing and maintained in good condition. Adequate offstreet parking is to be provided for visitors and employees. 4. No sign shall be erected or placed on any part of the said real estate, buildings, structures or improvements without first being approved by the Citizens Advisory Commission for Industrial Development. 5. No building structure can be erected, permitted or placed on any part of the real estate without getting the design approved by the Citizens Advisory Commission for Industrial Development. The exterior shall be of stone, brick, reinforced concrete, glass, equivalent masonry, acceptable metal exterior or a combination of these materials. Exceptions must be submitted in advance to the Citizens Advisory Commission for Industrial Development. The following information shall be submitted to the Citizens Advisory Commission for Industrial Development for its consideration of any plans. a. Preliminary architectural plans for any proposed building structure or improvement. b. A site plan showing location and design of the buildings, structures, signs, drainage, driveways, driveway intersections with streets, exterior materials, storage areas, parking areas and number of spaces, loading areas and sidewalks. 1. c. A grading plan and a planting plan, including screen walls and fences, if any, for analysis of adequacy of visual screening, erosion control and landscaping. d. A description of the proposed operations of the real estate, an estimate of the maximum number of employees contemplated and a plan showing locations of utilities and easements. e. Signage design drawings. Specifications of materials to be used, sizes and locations where signs are wanted. f. Any other reasonable pertinent information requested by any member of the Citizens Advisory Commission For Industrial Development and any information to show compliance with each and all of these restrictions. In the event the Citizens Advisory Commission For Industrial Development or its designated representative fails to approve or disapprove said plans within thirty (30) days after said plans have been delivered to the Citizens Advisory Commission For Industrial Development, such approval shall not be required, provided, however, it shall be the duty of the person submitting such plans to ascertain from the Citizens Advisory Commission for Industrial Development whether such plans have been approved or disapproved within the thirty (30) day period. 6. All the buildings, structures, improvements shall be attractively landscaped and lawn areas kept in good condition. Screen landscaping may be required at some sites. The Citizens Advisory Commission for Industrial Development must view all landscaping plans prior to planting. 7. Adequate storm drainage facilities shall be provided and maintained by the owners of the real estate. The design of the drainage basins shall meet with the approval of the Citizens Advisory Commission For Industrial Development and meet TR 55 DATA USDA specifications. 8. No part of the real estate or any building or improvements placed on the real estate shall be used for any purpose or in any manner which shall be a nuisance to the occupants or owners of other real estate in the park or adjoining properties. Odors, gases, dust, smoke, noise, fumes, cinders, soot, vibrations, radiation, radioactivity waste materials, ground water pollution are some of the most common environmental nuisances. No materials, inventory, goods in process, parts, rubbish, waste materials or other personal property shall be kept, stored, maintained or accumulated on any part of the said real estate outside of buildings erected without prior written approval of the Citizens Advisory Commission for Industrial Development. Local, State and Federal health safety and environmental laws are to be followed at all times. 9. Any tract conveyed by City of Greencastle may not be redivided or otherwise conveyed to multiple owners except with the written consent of the Citizens Advisory Commission For Industrial Development. 10. In event of either the formal or informal dissolution of the Citizens Advisory Commission for Industrial Development, the Common Council of the City of Greencastle shall have the right to appoint a development committee and enforce the covenants herein. 2. 11. These restrictive covenants are in addition to the City Planning and Zoning Regulations and may be enforced by. the City of Greencastle, and its successors by any procedure at law or in equity against persons violating or attempting to violate any section of these covenants. PASSED AND RESOLVED b the Common Council of the City of Greencastle this (ITV day of ___ , 1988. COMMON COUNCIL OF THE CITY OF GREENCASTLE, IANA Sheri Roach Susan V. Murray Robert P. S ack - Tim Conway (i)7 41.4k Mi hael W. Rokicki Approved and signed by me this To day of AU6UST , 1988, at /.,\ c1:o0 o'clock, p.m. Michael M. Harmless, Mayor AT ST: J di h Berry, er -Treasurer • 3. EXHIBIT "A" A tract of land located in part of the Northeast Quarter (NE}) and part of the Southeast Quarter (SE}) of Section 22, Township 14 North, Range 4 West, more particularly described as follows: Beginning at the Northwest corner of the Southeast Quarter (SE}) of Section 22, Township 14 North, Range 4 West; thence South along the West line of said quarter section to the Southwest corner of 30 acres off the North end of the West half (W}) of the Southeast Quarter (SE;) of said Section 22; thence East along the South line of said 30 acre tract to the Southeast corner thereof; thence North along the East line of said half quarter section for distance of nine hundred ninety-five (995) feet to a point; thence South 70 East one hundred thirty (130) feet to a point; thence North 30° East sixty (60) feet to a point; thence South 60° East for a distance of four hundred seventy (470) feet to the point of curve of a curve to the left having a radius of three hundred seventy-five (375) feet; said point being eight hundred (800) feet West of the East line of the Southeast Quarter (SE1) of said Section 22; thence continuing along said curve to a point six hundred (600) feet West and four hundred one and ninety-eight hundredths (401.98) feet South of the Northeast corner of the Southeast Quarter (SEI) of said Section 22; thence North 00°04' West, six hundred (600) feet West of and parallel to the East line of said Section 22, for a distance of one thousand five hundred sixty-three and five hundredths (1563.05) feet to a point on the South right-of-way line of the Pittsburg, Cincinnati, Chicago & St. Louis Railroad Company; thence South 62°50' West along said South right-of-way line to the West line of the Northeast Quarter (NE}) of said Section; thence South along said West line to the place of beginning, and containing in said tract of land 62.6 acres, more or less. Subject to all legal rights-of-way. EXCEPT THEREFROM: Part of the Southeast quarter of the Northeast quarter and a part of the Northeast quarter of the Southeast quarter all in Section 22, Township 14 North, Range 4 West of the Second Principal Meridian, more particularly described, to-wit: Commencing at the Northeast corner of the East half of the Southeast quarter of Section 22, Township 14 North, Range 4 West; thence South 00 degrees 04 minutes East 401.98 feet with the East line of said East half quarter; thence South 89 degrees 56 minutes West 600.00 feet to an iron pin and the true point of beginning of the real estate herein described; thence Northwesterly 167.06 feet on a non-tangent curve to the right having a radius of 375.00 feet and subtended by a long chord bearing North 86 degrees 19 minutes West a distance of 165.68 feet to an iron pin; thence North 60 degrees 00 minutes West 470.00 feet to an iron pin; thence South 30 degrees 00 minutes West 60.00 feet to an iron pin; thence North 70 degrees 00 minutes West 130.00 feet to the West line of the aforesaid East half quarter at a point 825 feet North of an established property line on the South side of a 30 acre tract; thence North 00 degrees 08 minutes West 955.61 feet with said West line and the West line of the East half of the Northeast quarter of Section 22 to the South right-of-way line of the abandoned Conrail Railroad; thence North 62 degrees 55 minutes East 814.14 feet with said South right-of-way line to a point 600.00 feet West of the East line of said Section 22; thence South 00 degrees 04 minutes East 1564.46 feet to the point of beginning, containing 21.00 acres, more or less. Subject to all rights-of-way and pertinent easements of record.