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~11ed tor Record in
DECLARATION OF COl\lMITMENT~HAMILTON COUNTY~ INDIANA
"1'rlARY L CLARK .
FOR THE 96tb STREET AUTO PARK On 09-28-2000 At 02:38 pm.
MISe 43.00
This Declaration of Commitments (hereafter Declaration) is made on the zz....ciday of
::/W'" t. , 2000, by Dye Realty, LLC, an Indiana limited liability company (hereafter
Declarant):
WITNESSETH:
WHEREAS, Declarant is the owner of the real estate more particularly described on what
is attached hereto and incorporated herein by reference as Exhibit A (hereafter Real Estate);
WHEREAS, these Commitments are made in connection with the granting of a Special Use,
with respect to the Real Estate, by the CarmeIlClay Board of Zoning Appeals under Docket Nos. SU-
53-00, SU-54-00, and SUpo.55-00 (hereafter collectively the Applications);
WHEREAS, Tom Wood, Inc. and Tom O'Brien Chrysler-Plymouth, Inc.-Northside may
become owners of part of the Real Estate and~ as such, have executed these Commitments to show
their consent hereto;
WHEREAS, the term Owner(s), as used throughout this Declaration, shall mean and refer
to (i) the Declarant, (ii) the Declarant's successors, assigns, and grantees, (iii) any future owners of
part or all of the Real Estate, and (iv) any person or entity acquiring an interest in the Real Estate;
NOW, THEREFORE, Declarant declares that the Real Estate shall be held, sold, and
conveyed subject to the following commitments.:
A. Landscaping Com~itments .Applicable to the Real Estate.
(Y:o F
1.
As depicted on the drawing attached hereto as Exhibit B (hereafter the
Drawing), a berm, which will undulate between four (4) and six (6) feet in
height above existing grade, will be constructed by Owner on (i) the Real
Estate along the southern property line of Williamson Run west of Carmel
Creek and (ii) on the Williamson Run Common Area. On this berm will be
planted long-lived evergreen trees (minimum 10..14 feet high), spaced in ten
(10) feet staggered intexvals. This Item A-I will be completed prior to the
commencement of construction of any buildings on the Real Estate. The
landscaping and berm will not be removed or disturbed. There will also be
a 50-foot green space buffer (Green Space Buffer) extending from Randall
Drive to the western boundary of the floodway on which there will be no
buildings or pavement. The Green Space Buffer will comprise 50 feet by
paraJllellines off the northern border of that portion of the Real Estate that is
. immediately south of the southern border of Williamson Run, east of Randal 1
Drive, and west of the western boundary of the floodway, all as depicted on
the Drawing.
2. As also depicted on the Drawing, a berm of similar height will be constructed
by Owner along the western line of the floodway. This berm will extend
450 feet south from th~ northern boundary of the Real Estate. Landscaping
will be planted on and around this berm and will continue south along the .
western boundary of the floodway. This Item A-2 will also be completed
prior to the commencement of construction of any buildings on the Real
Estate. The landscaping and berm will not be removed or disturbed.
3. As also depicted on the Drawing, three (3) long-lived evergreens (minimum
25 feet high) will be planted by Owner in the Williamson Run Common Area
located near the southeastern comer of the Williamson Run lake that adjoins
Carmel Creek. This Item A-3 shall also be completed prior to the
construction of buildings on the Real Estate.
4. No trees or shrubs located on the Williamson Run property will be removed
except as reasonably necessary to install the berm described in A(l) above.
5. No trees or shrubs located within the Green Space Buffer will be removed
except as reasonably necessary to install the berm described in A(l) above.
6. The following restriCtions apply (i) to the Real Estate which is generally
depicted on the Drawing as 15 feet by parallel lines off the northern boundary
of the Real Estate within the floodway (hereafter "Preservation Area"), and
(ii) the real estate also generally depicted on the Drawing as that portion of
the Real Estate that is 15 feet by parallel lines off the southern boundary of
the Preservation Area within the floodway (hereafter "Transition Area"):
(a) Owner will not remove or intentionally disturb trees or vegetation
within the Preservation Area, unless Owner is so required in writing
by the Department of Natural Resources or the applicable
governmental entity, and Owner has provided at least 15 days' notice
of such requirement to the Board of the Williamson 'Run'
Homeowners Association.
(b) In connection with any clearing and grading within the Transition
Area and the area south of the Transition Area within the floodway,
Owner will not remove and will use its best efforts to avoid
disturbance of the two largest trees located in the Preservation Area
adjacent to the northern boundary of the Real Estate.
( c) Owner may remove some, but not all, of the other trees and
vegetation in the Transition Area as is reasonably necessary to
provide for a transition to the removal of all trees and vegetation
south of the Transition Area within the floodway.
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7. For each tree that is removed or that dies because it is disturbed by Owner or
its contractors in violation of any item contained in Section A or Item B(6),
the Owner will, at its option, either replace such tree at its original location
with a tree of similar size and comparable species commonly found in area
nurseries, or pay to the Board of Directors of the Williamson Run
Homeowners Association, Inc. (the "Williamson Run Board") the greater of
(i) the sum of $250.00 per inch of the diameter of the tree's trunk, measured
four (4) feet from the ground, or (ii) the sum of$750.00; provided, however,
that (i) the Owner shall have no liability for damage, disturbance, or
destruction to trees the trunk of which, measured four (4) feet from the
ground, is less than one (1) inch in diameter and (ii) the Owner's maximum
liability for anyone tree shall not exceed the sum of Five Thousand Dollars
($5,000.00).
8. The landscaping plan will be provided to and is subject to reasonable re\,iew
and approval by the Williamson Run Board. All landscaping which is
installed by Owner and which dies or is removed within three (3) years of
planting will be replaced promptly by Owner.
B. Future Construction on that portion of the Real Estate which is west of Carmel Creek and
east of Randal I Drive and which is legally described in what is attached hereto as Exhibit "e"
(the "Western Parcel").
1. All buildings located upon the Western Parcel shall have a residential style
architecture that includes, but is not limited to, an all brick, front-facing
Randall Drive, a height of not more than two (2) stories, and a roof line of
6/12 or greater slope.
2. No retail operations shall occur on any portion of the Western Parcel, and all
uses shall be of a general office nature including, without limitation,
professional offices, medical offices, dental offices, veterinary offices
(excluding outdoor kennels and animal runs), financial institution offices,
banks, credit unions, insurance offices, real estate offices, clinics or health
centers, but excluding warehousing or storage services.
3. The hours during which businesses within the Western Parcel are open to the
publicshaHber~tricted to hours between 7:00 am. and 7:00 p.m.; provided,
however, that the owners or employees of such businesses shall not be
prohibited from working in buildings within the Western Parcel before
7:00 a.m. or after 7:00 p.m.
4. No more than three (3) road cuts shall be made for entrances on the east side
of Randall Drive between 96th Street and the existing Williamson Run
monuments. Other than Randall Drive itself, no frontage road or other
vehicular connection between road cuts is allowed; provided, ho\vever, that
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all parking lots located within the Western Parcel may be connected.
5. Owner shall dedicate Randall Drive and, to the extent required by municipal
authorities, so much of the land on either side of Randall Drive. To the
extent it has any control over road cuts on the western side of Randall Drive,
Owner win not cause or otherwise assist in obtaining one or more road cuts
on the western side of Randall Drive unless so ordered in writing by the
CanneIlClay Board of Zoning Appeals, Plan Commission or Board ofPllblic
Works, other municipal authority, or by a moo of competent jurisdiction.
6. Otherth~ is necessary to commence construction of the Western Parcel and
to create road cuts and install any sidewalks required by the Carmel/Clay
Board of Zoning Appeals, Plan Commission or Board ofPllblic Works, or
other municipal authority, none of the oak trees on the east side of Rand aU
Drive will be removed by the ~er. Any such oak trees removed in order
to access the Western Parcel to commence development, or to create road
cuts, or to install required sidewalks, shall be either replanted or replaced in
the same or near location and by a tree of similar size and species.
1. At the time of the commencement of the development of the Western Parcel,
the Owner agrees to assume ail care of trees, grass, and other landscaping
located within that portion of the Western Parcel that is not dedicated. The
Owner agrees to provide the Williamson Run Board with the proposed
landscaping plan for the Western Parcel, which should include dense
landscaping between buildings, when such plan becomes available and
further agrees to discuss in good faith elements of the landscaping plan to
which the Board may object.
8. At the time of the development of the Western Parcel, the Owner will install .
an appropriate sprinkler system on the east side of Randall Drive for the
existing trees, grass, and other landscapiilg, and to the extent it is not
prohibited by reason of the dedication described in Item B(5) above, will
connect the existing sprinkler line on the west side of Randall Drive to the
system.
9. The rail fence on the west side of Randall Drive will not be removed except
as required by q1unicipal authorities. The rail fence on the east side of
Randall Drive will be kept intact until the commencem.ent of the development
of the Wemem Parcel, at which time it may be removed.
10. Parking for buildings on the Western Parcel shall be permitted in the front of
the buildings.
11. All signage located on the Western Parcel shall be installed and maintained
in accordance with the applicable sign ordinance and any variances
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therefrom. The Williamson Run Board will be given prompt notice of any
request for a sign variance for signs located on the Western Parcel. .
12. Lighting shall be installed and used such that any light spill over at the
Williamson Run property line of the Real Estate will not exceed o. I foot-
candle. All exterior lights shall be significantly diminished in intensity at all
times between .10:00 p.m. and 6:30 a.m. The Owner agrees to provide the
Williamson Run Board a copy of the Western Parcel's lighting plan when it
becomes available and furthefagrees to discuss in good faith elements of the
lighting plan to which the Williamson Run Board may object.
C. Limitation Upon Usage of that portion of the Real Estate that is east of Cannel Creek and
more particularly described in Exhibit D attached hereto (the "Eastern Parcel").
1. The northwestern triangular co~er of the Eastern Parcel described on
Exhibit E, which is located in the flood'way and shown on the Drawing, will
be used only as a green-way and for no other purpose including, without
limitation, motor vehicle parking, parts or equipment storage, trash
receptacles, or any other use not compatible with its use as a green-way.
D. Limitations Upon Activity and Operation on the Eastern Parcel.
I. No dealership or other business on any portion of the Eastern Parcel shall
open to the public or otherwise conduct any business with the public before
7:00 a.m. or after 9:00 p.m.; provided, however, that nothing herein shall
prohibit (i) drop box customers before 7:00 a.m., (ii) the occasional
conclusion of business with a customer after 9:00 p.m., and (iii) parts
deliveries .after 9:00 p.m.
2. All auto body repair activities (including, but not limited to storage of any
wrecked cars) and all trash receptacles and other waste storage shall be
handled so that they cannot be yiewed from Randall Drive or from any
portion of Williamson Run; provided, however, that this provision shall not
prohibit the visibility from Williamson Run of one sign on only one building
indicating auto body repair services.
3. With the exception of one (1) speaker on only one building located upon the
real estate described in Exhibit "D2" and pointed southwest, no speakers or
other components of a public address system shall be located on the western
or northern sides of any building or other structure on the Eastern Parcel.
4. The use ofwalkie talkies, beepers or other wireless technology shall strongly
be encouraged by the owners of any businesses located on the Eastern Parcel.
Other than as necessary to cut grass and otherwise maintain thefloodway and
other green spaces, noise levels which, at the southern boundary of the
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tlcN Perimeter Description
~~HIBIT A
Part of the South Half of the Southeast Quarter of SecUon 8, Township 17 North, ~onge 4 East
in Hamilton County, Indiana, more particularly described os follows: . . _
Commencing at the Southeast comer of the Southeast Quarter of said Section 8; ttJence North
89 degrees 58 minutes 44 seconds West (assumed bearing) along the South line af said
Southeast Quarter Section 714.53 feet to the POINT OF BEGINNING; thence continuing North
89 degrees 58 minutes 44 seconds West along said South fine 1318.37 feet; thence North 00.
degrees 08 minutes 20 'seconds East paraDel with the West fine of the South Holf eJf said
Southeast Quarter Section 1322.73 feet to the North line of said South Half Quarter Section; _
thence South 89 degrees 44 minutes 52 seconds East along said North rme1318.17 feet; ·
thence South 00 degrees 08 minutes 20 seconds West parallel with the West. line of said South
Half Quarter Section 1317.41 feet to the POINT OF BEGINNING, containing 39.953 acres,
more or less. ;
. \,.
New Excep60n Description
A part of the South Half of the. Southeast Quarter of Section 8, Township 17 North.
Range 4 Eas~ Kamiton County, Indiana. descnoed as follows: . ·
Commencing at the Southeast comer of said Quarter Section: thence North 89 deglrees
58 minutes 44 seconds West 714.53 feet along the South line of said Quarter Section to
the Southeast comer of the owner's land: thence North 0 degrees 08 minute$ 20
seconds West 16.50 feet along .'the East line of the owner's land to the North boundary
of East 96th Street and the point of begiming of this description; thence North 89
degrees 58 minutes 44 seconds West 1242.63 feet along the boundary of said East .9~th
Street; thence North 0 degrees ;01 minutes 16 seconds East 18.50 feet along said
boundary; thence North 89 degrees 58 minutes 44 seconds West 75.70 feet along said
boundary to the West line of the owner's land; the~ North 0 degrees 08 minutes 20-
seconds East 38.03 feet along said West line: thence North 86 degrees 00 minutes 39
seconds East 104.86 feet; thenee North 82 degrees 53 minutes 46 seconds East
201.56 feet: thence North 89 degrees 58 minutes 44 seconds East 50.00 feet; thence
South 79 degrees 46 minutes 30 seconds East 254.02 feet; thence South 89 degrees
58 minutes 44 seconds East 450.00 feet; thence North 84 degrees 18 minutes 38
seconds East 150.75 feet; thence South 89 degrees 58 minutes 44 seconds East
113.75 feet to the Eost lime of the owner's lond; thence South 0 degrees 08 minultes 20
seconds West 58.50 feet along said .East line to the point of beginning and contaiming
1.719 acres. more or less. .
Exhibit Dl
Land Description ·
Lot 1 of East 9trb Street Auto Park
(Building 1)
Part of the South Half of the Southeast Quarter of Section 8. Township 17 North. Range 4 East In
Hamilton County, Indiana. more particularly descnced as follows:
#,.
Commencing at the Southeast comer of the Southeast Quarter of said Section S; thence North 8S
degrees 58 minutes 44 seconds West (assumed bearing) along the South fine of said Southeast
Quarter Section 714.53 feet to the Southeast comer of TraCt II as descnced in Instrument No. 98-
9276, recorded in the Office cfthe" Recorder of HamBton County, Indiana; thence North 00
degr~es 08 minutes 20 seconds East along the East rille af said described land 75.00 feet to the
North right-of-way line ofgslb Street as described in Instrument No. &8-61332, recorded in said
· recorder's office (the foDawing six (6) courses are along said North right-of-way Dne); 1) thence
North 89 degrees 58 minutes 36 seconds west 113.75 feet 2) thence South "84 degrees 1 a . . .
. minutes 38 seconds West 150.75 feet; 3) thence North 89 degrees 58 minutes 44 seconds West .
201.99 feet to the POlNT OF BEGINNING; 4) thence continuing North.89 degrees.58 minutes 44
seconds West 248.01 feet; 5) ~ence North 79 degrees 46 minutes 30 seconds West 254.02 feet;
6) thence North 89 degrees 58 minutes 44 seconds West 10.02 feet; thence North. 00 degre~.O.~
minutes 16 seconds East 672.87 feet; thence North 06 degrees 21 minutes as seconds East _'~.'
32.53 feet; thence South 89 degrees 58 minutes 44 secon4s East 368.31 feet to. a non-tangent~ .: .
curve to the left having a radius of 78.00 feet, the radius paint ofwhlch bears South 89 degrees 58
minutes 44 seconds East; thence Southeasterly along said! curve 101.98 feet to a point of
compound curve having a radius of 368.00 feet, the radius point ofwhich bears North 15 degrees .
06 minutes 41 seconds East; thence Easterly along said a.uve 38.47 feet to a point of reverse
. curve having a radius of 39.00 feet. the radius point of which bears South 09 degrees 07 minutes
18 seconds West; thence Southerly along said curVe 55.15 feet to a point. which bears South 89
degrees 51, minutes 40 seconds East from said radfiJs point; thence South 00 degre~ OS minutes
20 seconds West 450.49 feet tQ a tangent curve to the left having a radius of 175.00 feet. the .""
radius point of which bears SoUth 8S degrees 51 minutes 40 seconds East; thence Southeasterly
alqng saId curve 48.74 feet to a point which bears SOuth 7" degrees 1 0 mInutes 62 seconds West
from said radius point; thence South 15 degrees 49 minutes 08 secon~ east 64~6G feet to a
tangent aJrve to the right having a radius of 125.00 feet. the radius poInt of v.11f~ bears South 74
degrees 10 minutes 52 secondS West; thence Southerly along said curve 34.81 feet to a paint
which bears South 89 degrees 51 minutes 40 seconds East from said raetius point; thence South
00 degrees 08 minutes 20 seconds West 12.84 feet; thence .South 45 'degrees OS minutes 20
seconds West 28.34 feet t9 the!:POINT OF BEGINNING, containing 8.311 acres. more or less.
Exhibit D2
Land Description
Lot 2 of East 9P Street Auto Park
(Building 2)
Part of the South Half of the Southeast Quarter of Section 8. Township 17 North. Range 4 East in ·
Hamilton County, Indiana, more particularfy.descnbed as follows:. ..
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Commencing at the Southeast comer of the Southeast Quater of said Section 8; ,thence North 8S
degrees 58 minutes 44 seconds West (assumed bearing) along the South line of said Southeast
Quarter Section 714.53 feet to the Southeast comer. of Tract II as descnbed in Instrument No. S8-
9276. recorded in the Office ofltie Recorder of HamDtcn County. Indiana; thence North 00
degrees 08 minutes 20 seconds East along the East line ofsald descnbed land 75.00 feet to the
North right-of-way line Of 9611I street as described In Instrument No. 98-61332. redOrded in said
· recorder's office and the POINT OF BEGINNING (the following three (3) courses are along said
North right-of-way line); 1) thence No~ 89 degrees ~ minUtes 36 seconds Westl113.75 feet; 2)
thence South B4 degrees 18 minutes 38 seconds West 150~75feet; 3) thence North 8S degrees
58 min.utes 44 seconds West 111.99 feet; thence North 44 degrees 51 minutes 4Q seconds West '. ·
· 28.23 feet; thenes North 00 degrees 08 minutes 20 second$ East 12.74 teet to a tangent curve to
the left having a radius of 175.00 feet, the radius point ofwhlch bears North 89 ~egrees 51 .
minutes 40 seconds West then~ Northeasterly along said ClIVe 48.74 feet to a point which bears '
North 74 degrees 10 minutes 52seconds East from said raciDus point; thence North 15 degrees 49
minutes 08 seconds West 64.66 feet to a tangent curve to tile right having a radius of 125.00 feet.
the radius point of which bears North 74 degrees 10 minuteS 52 seconds East: thence Northerly
along said curve 34.81 feet to a )point which bears North 89 degrees 51 minutes 40 seconds West
from said radi~s po~ thence N~rth 00 degrees 08 mJnutest20 seconds East 450~63 feet to ,
tangent curve to the right having _ radius of 39.OQ feet. the racDus point of which bears South 89
deg~ 51 minutes 40 seconds east: thence Northeasterly:along ~ curve 55.06 feet to a point
of reverse curve having a racBus of 368.00 feet, the radius point of which bears North 08 degrees
58 minutes 22 seconds West; th~nce Northeasterly along said curve 39.16: feet tQ a paint of ..
compound curve h~ a IIaclius;of 18.00 feet. the radius pOint ofwhich bears North 15 d~grees
04 minutes 09 seconds West; thence Northerly along said curve 1.46.16 feet to a point whtch bears
North 57 degrees 34 minutes 13 seconds East from said radius point: thence South 89 degrees sa
minutes 44 seconds East 308.64ifeet to the East One of said Tract 11 as described in said
Instrument No. 98--61332; thence South 00 degrees 08 minutes 20 seconds West.aIong said East
Dne ne.a~ feet to the POINT O~ BEGINNING, containing 7~50 acres, more or less. .
Exhibit D3 - Page 1 of 2
Laud Description
Lot 3 ofEut9P StreetAntoPark ·
(Future Develop~t)
Part of the South Half of the Southeast Quarter of Sedlon S; Township 17 North, Range 4 East In -
. Hamilton CO~a Indiana, more particularly de~cn~ed as follows;. . ~
Commencing ~ th~ South~ast ~~er.~~. So~~ast QU~r at said Sectfon S; thence North as
degrees 58 minutes.44 seconds West (assumed bearing} along the ~outh line Qfsaid Southeast _
QuarterSecfion 714.53 feet to the Southeast comer of Tract JI as descnbed In Instrument No. Sa..
9276r ~corcfed In. the Office cfthe Recorder-of Hammon'County. Indiana; thence North 00
degrees 08 minutes 20 secondS East along the East line ofsald described land 75.00 feet to the
North right-of-way line of setl' street as desaibed In Instrument No. 98-61332, recorded In said
· recorder's office (the following fpur (4) co~ are along ~d North rf9f1tl.of-way line): 1) thence
North 89 degrees 58 minutes sa seconds West 113.75 feet; 2) thence South. 54 degrees 1 a
minutes 38 seconds West 150.t5 feet; 3) thence North 89 degrees 5a mlntites 44 seconds West
111.99 feet to the POINT OF Bl:GINNING; 4) thence contfnulng North 89 degrees 58 minutes 44-
seconds West 90.00 feet; thenc:e North 45 degrees 08 m~ 20 seconds East 28.34 feet;
thence North 00 degrees 08 mimutes 20 seconds East 12.84 feet to a'tangent a,rrve to the left
having a radius of 125.00 feet, tie radfus point of which bears North 89 degrees 51 minutes 40
seconds West; ~ce Northwe$terfy along said curve 34.81 feet to a P.Omt which bears North 74
degrees 10 minutes 52 seconds East from said radius point; thence North 15 degrees 49 minutes
08 seconds West 64.Sa feet to a'tangent curve to the right haVIng a radius of 175.00 feet, the
radius point of Which bears Norfih 74 degrees 10 minutes 52 seconds East: thence Northerly along
said curve 48.74 feet to a pofnt 1Nhlch bears Noiih 89 degrees 51 minute$ 40 seccnds W~ fi'om
said radius point; 1hence North me degrees .08 minutes 20 eeconds East 450.49 feet to a tangent
~rve to the left h;Mng a iadius of 39.00 feet. the radius palnt of Which bears North B9 degrees 51
· minutes 40 seconds West; thenq:e Northwesterly along said curve 55.15 feet to a point Of reverse .
curve having a radius of aS8.QO feet, the radius point of wh4ch bears North OS desrees 07 minutes
.18 seconds East; thence NorthWesterly along safd curve 38.47 feet to a point of eompound cuJVe
having a radius Of7aOO feet, the radlus point cfwhich bears North 15 degrees 06 minutes 41
seconds East; thence Norlherly along said curve 101.98 fe$t to a point wtiich bears North 89
degrees S8 minutes 44 secands :West ftom said radius poiJ1t:..thence North 8S degrees 58 minutes
44 seconds West 368.31 feet; u.nc:e North 06 degrees 4S minutes 55 seconds East 248.08 feet;
thence North 13 degrees 13 minutes 03 seconds West 127.Q31eeti thence North 14 degrees 09
minutes 30 Seconds East 145.61: feet to the North line of thG Sauth Half of said SOutheast Quarter
Section and the Narth line ofTIaCt I as desQ'1bed In said Instrument No~ 98-9276; thence South 8S
degrees 44 minutes 52 seconds east along said North Une and the North Une of said Tract II as
described In said Instrument No. :936.85 feet to the Northeast comer thereof; theri1ce South 00
degrees 08 mlnutes 20 seconds West along the East line o~ saId Tract II 465.56 feet; thence North
89 degrees 58 minutes 44 seccncfs West 308.64 feet to a non-tangent curve to the right having a
radius 'of 78.00 feet. the radius point of which bears South 5'/ degrees 34 minutes 13 seconde
West; thence Southwesterly along said CUlVe 146.1 S feet to a point of compound. curve having a
· radfus of 3SaOa feet. tf1e i':adius poInt of which bears North 15 degrees 04 minutes 09 seconds