HomeMy WebLinkAboutCommitments CMITMENTS CONCERING THE DEVELO•NT
AND USE OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-615, Indiana Municipal Power Agency (hereafter the
"Owner"), the owner of the following described Real Estate located in Hamilton County, Indiana(hereafter
the "Real Estate") makes the following COMMITMENTS concerning the use and development of the Real
Estate to the Carmel/Clay Plan Commission(hereafter"Commission").
I Description of Real Estate:
See Exhibit `A' Legal Description for Indiana Municipal Power Agency
2. Docket No 168-00 DP Amend/ADLS Amend
3. Statement of Commitments. Owner makes the following commitments relating to the Real
Estate.
A.) The owner will agree to dedicate the 116th Street right-of-way that is required for the
current road project of which will include:
• The dedication will not be required until the 116`h Street project land acquisition
stage is active.
• The City will agree to reimburse owner to repair, restore, or relocate all sprinkler,
landscaping, drainage and sign improvements based upon appraised value of such
improvements.
• The Owner/Developer will not be required to construct the multi-use asphalt path in
the 116th Street right-of-way. The path will be constructed with the 116`h Street
project by the City of Carmel.
• The proposed right-of-way dedication will be 25' to 30' in width The design of
which will be performed by the City of Cannel and approved by the owner and
Meridian Technology Center Associates
B.) Installation of a concrete sidewalk along College Avenue:
• At the time sidewalks are installed adjoining this property by other parties, the Owner
will install a sidewalk system the full length of the property along College Avenue.
• At such time as plans are adopted by the City of Cannel call for the installation of
sidewalks adjoining this property, the Owner will install a sidewalk system the full
length of the property along College Avenue.
• At such time as either the City of Carmel/Clay Township Plan Commission or the
Director of the City of Carmel Department of Community Services requires a
sidewalk system to be installed on this property, the Owner will install a sidewalk
system the full length of the property along College Avenue.
• Said sidewalk system shall be designed to meet the requirements of the Carmel/Clay
Subdivision Control Ordinance and the Carmel/Clay Thoroughfare Plan. Said
sidewalk system shall be constructed to the standards of the City of Cannel
4. Binding on Successors and Assigns: These Commitments are binding on the Owner of the
Real Estate and each other person acquiring an interest in the Real Estate, unless modified or
terminated by the Commission. These Commitments may be modified or terminated only by a
decision of the Commission made at a public hearing after notice as provided by the rules of
the Commission or as otherwise provided by IC 36-7-4-615.
5. Effective Date. The Commitments contained herein shall be effective upon the DP Amend
and ADLS Amend approval by the Carmel/Clay Plan Commission on the subject real estate.
6 Recording: The undersigned hereby authorizes the Director of the Community Development,
or the Secretary of the Carmel/Clay Plan Commission,to record these commitments in the
1
Office of thelorder of Hamilton County, Indiana upon addit`tof the action referred to in
Paragraph No. 5 above.
7. Enforcement: These commitments may be enforced by the Carmel/Clay Plan Commission.
IN WITNESS WHEREOF,Owner has executed this instrument this day of ,2000.
Indiana Municipal Power Agency
By
STATE OF INDIANA )
)SS:
COUNTY OF MARION )
The undersigned,a Notary Public in and for said County and State,acknowledged the execution of
the foregoing commitments by Indiana Municipal Power Agency:
WITNESSTH this day of ,2000
Notary Public
Printed Signature
My Commission Expires County of Residence
Cannel Dept. of Community Services
By:
dated:
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I
EXHIBIT A
LEGAL DESCRIPTION
Part of the Southeast Quarter of Section 35, Township 18 North, Range 3 East in
Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southeast corner of the said Quarter Section; thence South 88
degrees 46 minutes 54 seconds West (Assumed Bearing) along the south line of the
Said Quarter Section a distance of 445.76 feet; thence North 00 degrees 16 minutes 22
seconds West, parallel with the east line of the said Quarter Section, a distance of
55.00 feet to the Beginning Point; thence North 00 degrees 16 minutes 22 seconds
West, parallel with the said east line. a distance of 243.48 feet; thence North 89
degrees 43 minutes 38 seconds East a distance of 15.00 feet; thence North 00 degrees
16 minutes 22 seconds West, parallel with the said east line, a distance of 250.00 feet;
thence North 89 degrees 43 minutes 38 seconds East, a distance of 397.44 feet to a
curve having a radius of 700.00 feet, the radius point of which bears South 82 degrees
19 minutes 04 seconds West; thence Southerly along the said curve an arc distance of
256.00 feet to the Point of Reverse Curvature of a curve having a radius of 750.00
feet, the radius point of which bears South 76 degrees 43 minutes 42 seconds East;
thence Southerly along the said curve an arc distance of 189.67 feet to a point which
bears South 88 degrees 46 minutes 54 seconds West from said radius point; thence
South 01 degrees 13 minutes 06 seconds East a distance of 45.00 feet; thence South
88 degrees 46 minutes 54 seconds West, parallel with the south line of said Quarter
Section, a distance of 378.86 feet to the Beginning Point, containing 4.404 acres, more
or less.