HomeMy WebLinkAboutCommitments: First Amended i
Exhibit B
FIRST AMENDED UP is 2.000
COMMITMENTS CONCERNING THE DEVELOPMENT DOGS
AND USE OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-615, NRC Corp. (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").
1. Description of Real Estate:
See Exhibit A ("Real Estate") (Parkwood Crossing West PUD)
2. Docket No: 154-00-Z
3. Statement of Commitments: Owner makes the following commitments
relating to the Real Estate:
a. Billboards (a/k/a advertising signs for off-premises advertising) or
freestanding elevated signs(a.k.a tall signs or interstate oriented pole
signs) for business identification will not be permitted on the Real
Estate. This does not exclude leasing signs or other identification
signs permitted by the PUD Ordinance.
b. Parkwood Crossing West identification and temporary signs
(excluding wall signs) for the office building area of the development
(all of the Real Estate other than the east 620 feet) shall be similar to
and of a similar design as those in the existing Parkwood Crossing
office development located east of Meridian Street. In addition, an
interstate monument sign identifying Parkwood Crossing West shall
be permitted which may be a maximum of 35 feet tall, 15 feet wide
and 10 feet deep.
c. Owner will use its best efforts to cause the power lines adjacent to the
Real Estate along 96th Street and Spring Mill Road to be placed
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underground and would be implemented after development of the
Real Estate commences.
d. Subject to the approval of the appropriate government agencies, the
right-of-way described below needed for any widening of 96th Street
to allow for the road improvements suggested in the report of A & F
Engineering dated February, 1999 and submitted as part of the
petition for rezoning of the Real Estate (other than at the intersection
of 96th and Spring Mill Road and the intersection of 96th and Meridian
Street) will be taken from the subject Real Estate and any
improvements made to 96th Street(as suggested by the A& F Report)
shall be made within the existing paving area or north of the existing
paving. (Note:Apparent existing right-of-way on this section of West
96th Street equals 33 feet. Additional right-of-way required off the
north side of West 96th Street equals 57 feet. Total new right-of-way
width on this section of West 96th Street will equal 90 feet).
Arrangements shall be made for providing this additional right-of-way
at such time as development of the Real Estate commences or shortly
thereafter. Owner will use its best efforts to cause an opticom system
to be installed with any traffic signals which are installed as a result
of the development of the Real Estate.
e. Access to the Real Estate will be limited to (1) a full access between
Illinois Street and Kenwood Avenue, and (2) a full access
approximately 430 feet west of Kenwood Avenue. Access to the Real
Estate from Spring Mill Road will not be permitted.
f. Drainage and sanitary sewers and the proposed drainage system,
including retention pond(s) and storm sewers, and the sanitary sewer
lines will be designed and approved by the applicable regulating
agencies so as to not adversely impact the Williams Creek flood plain,
or the existing or future adjacent residential development, or existing
or future sanitary sewer connections in Marion County.
g. Any office buildings constructed on the Real Estate will include a fire
suppression system.
h. Owner commits to architecturally treat the south and west facades of
any parking garage that has unrestricted sight lines to the existing
neighborhood to the south or to the future neighborhood to be
constructed to the west, such that the appearance of the parking
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garage, as viewed from the homes on the south side of 96th Street
and from any homes which may be constructed on the west side of
Spring Mill Road will be aesthetically improved from that of the
standard parking garage facade.
Owner commits that any parking area shall be a minimum of 87 feet
from the existing (8/18/00) right-of-way of 96th Street. (Not applicable
to the east 620 feet of the Real Estate).
j. The process to construct the improvements to 96th Street and the
improvements to the intersection of 96th Street and Meridian
(collectively "Improvements"), as suggested in the A&F Engineering
report, will be commenced contemporaneously with the start of the
development of the Real Estate and will be diligently pursued to
completion.
k. Owner commits that the Real Estate shall be developed in compliance
with the Conceptual Site Development Plan attached as Exhibit C,
subject to such amendments and modifications thereto as are
approved by the Commission or the Carmel/Clay Board of Zoning
Appeals.
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
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 adoption of an ordinance by the Carmel City Council changing the zoning
classification of the Real Estate described on Exhibit A from the S-2 Residence
District and the B-5 Business District to the Planned Unit Development.
6. Recording: The undersigned hereby authorizes the Director of
Community Development, or the Secretary of the Carmel/Clay Plan Commission,
to record these commitments in the office of the Recorder of Hamilton County,
Indiana upon adoption of the ordinance referred to in paragraph 5 above.
7. Enforcement: These commitments may be enforced by the
Carmel/Clay Plan Commission.
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IN WITNESS WHEREOF, Owner has executed this instrument this day of
, 2000.
NRC CORP., an Indiana corporation
By:
Stephen L. Valinet, President
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 Stephen L. V alinet, the President of NRC
Corp.
WITNESSETH this day of , 2000.
Notary Public
Printed Signature
My Commission Expires: County of Residence:
This Instrument was prepared by Philip A. Nicely, Attorney at Law, Bose McKinney &
Evans LLP, 600 E. 96th Street, Suite 500, Indianapolis, Indiana, 46240.
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Exhibit C
(Site Plan)
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