HomeMy WebLinkAboutCommitments Concerning Use and Development •
Commitments Concerning the Use and
Development of Real Estate
STATE OF INDIANA )
) SS:
COUNTY OF PUTNAM .)
Pursuant to IC §36-7-4-615 and §31.6 of the Zoning Ordinance of the City of Carmel, Indiana,
DePauw University (hereinafter, "DePauw") makes the following Commitments to the Carmel
Common Council (hereinafter, the "Council").
Description of Real Estate:
[SEE ATTACHMENT - LEGAL DESCRIPTION OF PROPERTY]("REAL ESTATE")
Exhibit A
Statement of Commitments:
1.• DePauw acknowledges that the State of Indiana Department of
Transportation (InDOT) is currently conducting an environmental
assessment concerning possible future improvements to U.S.
Highway 31 in Carmel and Westfield, Indiana, but-that InDOT
does not expect to issue a final Environmental Impact.Statement
pursuant to this assessment until 2003. DePauw further
acknowledges that the City of Carmel's Thoroughfare Plan, which
while not binding must be given due consideration by InDOT, calls
for a highway interchange to be constructed on or around the
subject Real Estate, and that this proposed interchange will in all
likelihood necessitate that all of the subject Real Estate be
eventually taken by InDOT. DePauw has requested a protective
purchase of the Real Estate from InDot, pursuant to CFR 710.503
and §23D.17.4 of the Carmel Zoning Ordinance, however, InDot
has declined to make the purchase. Because of the uncertainly
created by the future road improvements, DePauw has been unable
•
to develop the Real Estate.
2. DePauw commits that any Development Plan that it submits to the
Carmel Clay Plan Commission, pursuant to the Carmel Clay
Zoning Ordinance, will reserve for acquisition by InDOT all of the
Real Estate described above subject to expiration as stated in
paragraph 4
3. Whenever DePauw believes that the reservation of the Real Estate
pursuant to Paragraph 2 above would result in the loss of all
reasonable and beneficial use of or return from the subject Real
Estate, then DePauw commits that it shall, before filing an inverse
condemnation claim or any other action against the City of Carmel
or the Council on account of such loss, request from InDOT a
hardship acquisition or protective purchase of the subject Real
Estate, pursuant to 23 CFR §710.503.
4. These commitments shall expire six (6) years from the date of
execution of this commitment.or on the date that InDOT issues a
final Environmental Impact Statement showing that the subject
Real Estate will not be taken by InDOT, whichever is earlier.
5. Following the termination of these commitments, if the Real Estate
has not been acquired by the Indiana Department of Transportation
or the City of Carmel for road purposes, DePauw and its
successors and assigns shall be entitled to proceed with
development of the Real Estate in any manner consistent with the
requirements of the B-5 Zoning District in the Carmel Zoning
Ordinance. DePauw or its successors and assigns shall be entitled
to all ADLS approvals, building permits and other permits
reasonably necessary for the development of the Real Estate so
long as the applications for ADLS approval, building permits and
the like are consistent with the requirements of the B-5 Zoning
District requirements of the Carmel Zoning Ordinance.
•
•
Binding Effect:
Upon passage of an ordinance rezoning the Real Estate described in Exhibit A and approval of
the Architectural Design, Lighting, Landscape and Signage application of CMC Properties, LLC.
These Commitments will become binding on DePauw, each subsequent owner of the Real Estate,
and each person acquiring an interest in the Real Estate, unless modified or terminated by a
decision of the Carmel Clay Plan Commission or its successor made at a public hearing after
notice of the hearing has been given under its rules of procedure, or unless the Real Estate is
rezoned to a different zoning classification.
Recording:
The undersigned authorizes the Director of the Department of Community Services to record
these Commitments in the Office of the Recorder of Hamilton County, Indiana.
Enforcement:
DePauw hereby agrees to comply with these Commitments, and acknowledges that, should it fail
to comply with these Commitments, then the Council's approval of the rezoning of the Real
Estate to the B-5 Business District, in connection with which these Commitments have been
requested may be rescinded following notice of a public hearing to determine compliance with
these commitments.
These Commitments may be enforced by the Council or by the Director of the Department of
Community Services of the City of Carmel, Indiana.
•
IN WITNESS WHEREOF, DePauw has executed these Commitments this 7th day of
November , 200 1 .
DePAUW UNIVERSITY
By:
Richard Speller
Printed
V.P. for Finance & Administration
Title
STATE OF INDIANA )
COUNTY OF Putnam )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Richard Speller , who acknowledged the execution of the
foregoing Commitments on behalf of DePauw University.
WITNESS my hand and Notarial Seal this 7th day of November , 2001
Signed: rd, q .
Printed: Edward N. Pearson
Notary Public
My Commission Expires: My County of Residence is:
..June II, Roo.? Putnam
This instrument was prepared by John R. Molitor, Attorney for Law, 11711 N. Meridian St.,
Suite 200, Carmel, Indiana 46032.
R:\EDC\depaua.wpd 1 3683
•
ZONING DESCRIPTION
A part of Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Second Principal Meridian. Clay Township, Hamilton County. Indiana. being
more particularly described as follows:
COMMENCING at the Southeast Corner of the Northwest Quarter of said
Section 26; thence on an assumed bearing of South 88 degrees 29 minutes 07
seconds West along the south line of said Northwest a distance of 1125.87 to
the POINT OF BEGINNING; thence continuing South 88 degrees 29 minutes
07 seconds West a distance of 243.05 feet; thence North 01 degrees 30
minutes 53 seconds West a distance of 45.00 feet to the southeast corner of
Lot 2 of The Parks at Springmill recorded in flat cabinet 2, Slide 341 in the
Office of the Recorder of Hamilton County, Indiana, said point also being a
point on a non-tangent curve to the right, the radius point of which bears
South 75 degrees 38 minutes 30 seconds East a distance of 3036.83 feet;
thence northeasterly along said curve and along the east line of said plat and
along the southeasterly line of land described in Instrument Number 94-
13389, concentric with the northwesterly right-of-way line of U. S. Highway
31 (North Meridian Street), I. S. H. C. Project S. T. F. 222(9) 1973, an arc
.distance of 973.49 feet to a point which bears North 57 degrees 16 minutes 30
seconds West from said radius point; thence North 48 degrees 11 minutes 06 seconds
East a distance of 1.73 feet to a point on the southeasterly right of way line of
Meridian Corners Boulevard as per plat recorded in Plat Cabinet 1, Slide 488 in said
Recorder's Office; thence continuing along said right of way line North 48 degrees
11 minutes 06 seconds East a distance of 125.88 feet to a curve to the right having a
radius of 455.00 feet; the radius point of which bears South 41 degrees 48 minutes 54
seconds East (the next two courses are along said right of way); (1) thence
northeasterly along said right of way line and curve an arc distance of 142.30 feet to a
point which bears North 23 degrees 53 minutes 46 seconds West from said radius
point; (2) thence North 66 degrees 06 minutes 14 seconds East a distance of 830.21
feet to the east line of the said Northwest Quarter; thence South 00 degrees 22
minutes 50 seconds East along_ said East line a distance of 248.57 feet to the said
northwesterly right-of-way line of U.S. Highway 31 said right of way line beinga
non-tangent curve to the left. the radius point of which bears South 40 degrees 24
minutes 40 seconds East a distance of 2436.83 feet; thence southwesterly along said
right-of-way line and curve an arc distance of 1283.37 feet to a point which bears
North 70 degrees 35 minutes 10 seconds West from said radius point; thence South
80 degrees 56 minutes 59 seconds West along said right of way line a distance of
380.20 feet; thence South 51 degrees 59 minutes 02 seconds West along said right of
way line a distance of 31.10 feet; thence South 01 degree 30 minutes 53 seconds East
a distance of 16.50 feet to the POINT OF BEGINNING, containing 19.44 acres,
more or less.
EXHIBIT •
•
EXCLUDING THE FOLLOWING DESCRIBED REAL ESTATE
A part of Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Second Principal Meridian, Clay Township, Hamilton County. Indiana, being more
particularly described as follows:
Commencing at the southeast corner of the Northwest Quarter of said Section 26;
thence on an assumed bearing of South 88 degrees 29 minutes 07 seconds West
along the south line of said Northwest Quarter a distance of 1125.87 to the point of
beginning; thence continuing South 88 degrees 29 minutes 07 seconds West a
distance of 243.05 feet; thence North 01 degrees 30 minutes 53 seconds West a
distance of 45.00 feet to the southeast corner of Lot 2 of The Parks at Springmill
recorded in Plat cabinet 2, Slide 341 in the Office of the Recorder of Hamilton
County, Indiana, said point also being a point on a non-tangent curve to the right, the
radius point of which bears South 75 degrees 38 minutes 30 seconds East a distance
of 3036.83 feet; thence northeasterly along said curve and along the east line of said
plat and along the southeasterly line of land described in Instrument Number 94-
13389, concentric with the northwesterly right-of-way line of U. S. Highway 31
(North Meridian Street), I. S. H. C. Project S. T. F. 222(9) 1973, an arc distance of
831.86 feet to a point which bears North 59 degrees 56 minutes 49 seconds West
from said radius point; thence South 61 degrees 53 minutes 05 seconds East a
distance of 600.43 feet to the said northwesterly right-of-way line of U. S. Highway
31 said right of way line being a non-tangent curve to the left, the radius point of
which bears South 59 degrees 28 minutes 10 seconds East a distance of 2436.83 feet;
thence southwesterly along said right-of-way line and curve an arc distance of 472.80
feet to a point which bears North 70 degrees 35 minutes 10 seconds West from said
radius point; thence South 80 degrees 56 minutes 59 seconds West along said right of
way line a distance of 380.20 feet; thence South 51 degrees 59 minutes 02 seconds
West along said right of way line a distance of 31.10 feet; thence South 01 degree 30
minutes 53 seconds East a distance of 16.50 feet to the beginning point, containing
9.42 acres, more or less.
M:\Edc\depauwa.wpd13683
•