HomeMy WebLinkAboutCommitments: RECORDED V 4, ' . . . . .: 740,
181-00 ADLS
Hazel Dell Corner
Lot 1
3-20-2001
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
AMERICAN PARTNERS, L . P . (hereafter "Applicant") , makes the
following Commitments to the Carmel/Clay Plan Commission ( "tne 2 INA
Commission") .
DESCRIPTION CE REAL ESTATE (hereafter "Real Esta _e"
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(See Attachment - Legal Descr:Dtion of Property) wi �0 �A5
Statement of Commitments : I �v� CD
1 . The commercial operation proposed for the Real Estate 8
shall not be open for retail business ear- 7na--
7 : 00a .m. nor any later than : 00o .m.
2 . No outdoor storage shall be permitted at and unon _ne
Peal Estate .
3 . The cupola for the commer t?al structure proposed =0
the Real Estate shall not be lighted.
4 . No monument or ground sign shall be permitter , t tne
Real Estate .
S . The brick on the exterior of the commercial structure
proposed for the Peal Estate shall con_s_s= of onl
traditional brick veneer and not brick tile or t^___
brick embedded or inlaid in precast Panels .
6 . Roof top units upon the commercial structure proposed
for the Real Estate shall not be visible by customary
line of sight from single family residential structures
existing to the north or northwest t e Real Estate .
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7 . The signs proposed for the Real Estate shall have
a backlit or halo effect with opaque letters and not
the traditional can letters whereby the colored p_ax
is illuminated witn internal lighting .
8 . The exterior lighting at the Real Estate shall be
dimmed daily subsequent to the close of the business
operation at the site to an illumination level neected
only for proper security at the Real Estate .
200100049348
Filed for- Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
08-08-2001 09:47 am.
MISC 13.00
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9 . Applicant shall dedicate an additional five feet ( 5 ' )
of right of way along 131' Street as requested by the
Department at the March 6, 2001 Special Study
Commission meeting and as shown by Applicant in
its amended site plan at the March 20, 2001 Plan
Commission meeting.
10 . The gates for the trash enclosure located along the
north wall of the structure proposed for the Real
Estate shall open to the west, as set forth on the
amended site plan exhibit for the Plan Commission at
its March 20, 2001 meeting.
Binding on Heirs, Successors and Assigns . These commitments are
binding on the Applicant, the owner of the Real Estate, each
subsequent owner of the real estate, and each person acquiring
interest in the real estate, unless modified or terminated by the
governmental authority authorized to modify.
Recording. The undersigned agrees to record these commitments in
the Office of the Recorder of Hamilton County, Indiana, upon
granting of the approval of the project .
Enforcement . These commitments may be enforced by the
Carmel/Clay Plan Commission and/or the City of Carmel, Indiana
Execu ed this t3*4"` day of ��` �"`x , 2001 .
BY:
TITLE : Vice President
Printed: William H. Arnold
STATE OF Idaho
) SS :
COUNTY OF Ada
Before me, a Notary Public, in and for said County and
State, personally appeared William H. Arnold , the
Vice President of American Partners, L. P. , who acknowledged
the execution of the foregoing Commitments .
WITNESS my hand and Notarial Seal this IYh day of (. Le.
2001 .
�J1 c u LG� ttka_.e_
Notary Public,, State of Idaho
Residing in Ada County
My Commission Expires : 01/28/04
TRINA WIESE
NOTARY PUBLIC
STATE OF IDAHO
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ATTACHMENT-LEGAL DESCRIPTION OF PROPERTY
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Part of the Northeast Quarter of Section Twenty-eight in Township.Eighteen North, Range
Four East in Hamilton. County, Indiana, described as follows:
Commencing at the Southeast corner of said Northeast Quarter, thence North 89 degrees
35 minutes 24 seconds West .(assumed bearing) along the South line of said Northeast
Quarter a distance of 325.00 feet; thence North 00 degrees 20 minutes 43 seconds East,
. parallel with the East line of said Northeast Quarter, a distance of 45.00 feet to the Point
•.of Beginning; thence continuing North 00 degrees 20 minutes 43 seconds East, parallel
with said East line, a distance of 285.00 feet; thence South 89 degrees 35 minutes 24
seconds East, parallel with said South line, a distance of.265.00 feet; thence South 00
degrees 20 minutes 43 seconds West, parallel with said East line, a distance of 227.93
feet; thence South 46 degrees 50 minutes 54 seconds West a distance of 82.82 feet;
_thence North 89 degrees 35 minutes 24 seconds West, parallel with said South line, a
distance of 204.92 feet to the Beginning Point,
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