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HomeMy WebLinkAboutCommitmentsAycArtoao • e®iee COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE The undersigned, The Linder Co., (hereinafter "Owner "), the Contract Purchaser of the following described real estate located in Hamilton County, Indiana (hereinafter "Real Estate "), makes the following Commitment Concerning the Use and Development of Real Estate to the Carmel Plan Commission (hereinafter "Commission ") and the City of Carmel. l.. Description of Real Estate. See Exhibit "A" hereto. ( "Real Estate "). 2. Docket No. 105 -99 -Z 3. Statement of Commitments. A. Owner commits that the provisions of the B -8 Business District Classification, notwithstanding, the permitted and permitted special uses listed on Exhibit B hereto shall be prohibited on the Real Estate. B. Owner commits that the following type of restaurants shall be prohibited on the Real Estate: 1. Restaurants with drive through window food sales; or 2. Restaurants with curbside food sales and service; or 3. Restaurants traditionally providing drive through window food sales. C. Owner further commits that the Real Estate shall be developed as a mixed use development subject to the following restrictions: (i) Office Use - Minimum of 30,000 square feet (ii) Retail and Service Uses (including financial institutions) - Maximum of 45,000 square feet (iii) Restaurant Use - Maximum of 24,000 Square feet D. Owner further commits that the aggregate square feet of building(s) to be constructed on the Real Estate shall not exceed 95,000 square feet. • • E. Owner further commits that the number of buildings to be constructed on the Real Estate shall be seven (7). F Owner further commits that no building to be constructed on the Real Estate shall exceed 35,000 square feet in size. G. Owner further commits that the maximum number of curb cuts from E. 116th Street serving the Real Estate shall be two. 1-1. Owner further commits that the existing trees within the part of the Real Estate designated on Exhibit "C ", as Tree Preservation Area, shall be preserved except for such clearing as may be required to accommodate the E. 116th Street Road Project, and to maintain good husbandry practices. 1. Owner further commits that ground identification signs will be prohibited along Keystone Avenue frontage of the Real Estate except that one ground identification sign shall be permitted at the southwest comer of E. 116t Street and Keystone Avenue.) J. Owner further commits to dedicate to the City of Carmel, Indiana, without compensation, the right -of -way required for the E. 116`h Street Road Project, pursuant to the plan therefore as prepared by A &F Engineering. K. Any building constructed on the Real Estate shall include a maximum oftwo (2) retail tenants. 4. Binding on successors and Assigns. These commitments are binding on the Owner of the Real Estate, each subsequent 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. 5. Effective Date. These commitments contained herein shall be effective upon the adoption of an ordinance by the Carmel City Council changing the classification of the Real Estate on the Official Zoning Map from R -1 Residence District to B -8 Business District and shall continue in effect for so long as. the Real Estate is zoned B -8 Business District unless modified or terminated by the Commission as provided above. 6. Recording. The undersigned hereby authorizes the Director of the Department of Community Services or the Secretary of. the Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana, following the effective date. 7. Enforcement. These commitments may be enforced by the Commission and the City of Carmel, Indiana. • Executed this /61t.day of May, 2000. STATE OF INDIANA COUNTY OF )SS: The Linder Co. By: Gary I. Linder, Presider Subscribed and swom to before me, a Notary Public, in and for said County and State, appeared Gary I. Linder, President, of The Linder Co., and acknowledged the execution of the foregoing Commitments Concerning The Use and Development of Real Estate. WITNESS my hand and Notarial Seal this 'ay of May, 2000. My Commission Expires: It'd / Residing in County This Document Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 E. 98`x' Street, Suite 220 Indianapolis, IN 46280 F: \UserUessica'im 1 Linder- CClenmmitmcnt (merchants' pointe) Notary Public • A. I, 1a' � �, (�� Printed Name atr G is W PM= A WALLACE Sr COMMISSION E NOV 22 2001 DEC 21 '99 12: 29PM LI.NDE .CANKENBERGER • P . 4/5_ r.q,- Part of the North Half of Section G, Township 17 North, Range 4 East in Clay Township. Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of Section 6, Township 17 North, Range 4 East; thence South 89 degrees 53 minutes 03 seconds East (assumed bearing) on the North line ofsaid Section 6, (being a straight line between said Northwest corner and the Southeast corner of Section 31, Township 18 _ North, Range 4 East as said corners were monumented with Harrisan Workers on September 23, 1999) a distance of 2265.00 feet to the Northeast corner of WOODLAND GOLF CLUB SUBDIVISION, a subdivision in Hamilton County, Indiana, the plat of which is recorded on pages 545 and 546 of Deed Record 136 in the Office of the Recorder of Hamilton County. Indiana, said comer being the PLACE OF BEGINNING of the within described real estate; thence continuing South 89 degrees, 53 minutes, 03 seconds East on said North line of section 6, a distance of 581,41 feet to a point that is 750.00 feet West of the centerline of .Indiana State Road 431, (designated as line `E" on 1.S.H.C, plans for Project Number S.-I65 (13), dated 1959 and revised August 3, 1964); thence South 00 degrees 04 minutes 33 seconds West, passing through a Right of Way Marker, a distance of 18.01 feet to the Southerly right -of -way line of 116th Street at point that is 20.00 feet South 00 degrees 04 minutes 33 West ofsurrey line "5-6-E" on said I.S.H.C. plans; (the following three courses are on said Southerly right-of-way line) 1.) thence South 75 degrees 53 minutes 16 seconds East 103.08 feet to a point that is 45.00 feet South of said survey line "5 -6-E"; 2.) thence South 89 degrees 06 minutes 20 seconds East 350.04 feet to a point that is 50.00 seconds feet South of said survey line; 3.) thence South 87 degrees 03 minutes 42 seconds East 100.13 feet to a point that is 55.00 feet South of said survey line, said point being on the Westerly limited access right -of -way line of said Indiana State Road 43 I, per the aforesaid I.S.H.C. plans; thence South 48 degrees 51 minutes 27 seconds East on said right -of -way line 126.28 feet to a point that is 105.00 feet west of line "E" on said plans; thence South 02 degrees 52 minutes 32 seconds East on right -of- way line 200.25 feet: thence South 00 degrees 42 minutes 11 seconds Weston said right -of -way line 347.17 feet; thence North 79 degrees 19 minutes 04 seconds West 1002,87 feet; thence North 33 degrees 33 minutes 52 seconds West 446.74 feet to the Southeast corner of Lot Number 33 in the aforesaid WOODLAND GOLF CLUB SUBDIVISION; thence North 00 degrees 06 minutes 57 seconds East on the East line of said subdivision 127.00 feet to the place of beginning, containing 14.378 acres, more or less. DEC_2__'99_ iZi29PM LINGER CC ER P. 5i5 r.5/5 • • f Prohibited Uses I. Auction room 2. Automobile service station 3. Auto parts store 4. Auto tire center 5. Bowling alley 6. Car wash - self -serve or automatic 7. Catering establishment 8. Coin or philatelic store 9. Cold storage locker 10. Commercial parking lot 11. Dance hall 12. Department store 13. . Discount store 14. Furrier shop 15. Grocery store 16. Gunsmith 17_ indoor theater 18. License bureau 19. Meat market 20. Meeting or party hall 21. Motor bus or railroad passenger station 22. Newsdealer 23. Photo pick -up station (drive -thru type) 24. Radio and/or television studio 25. Recording studio 26. Self - service laundry 27. Shooting gallery 28. Skating rink 29_ Supermarket 30, Night club F:IUoaUeariaAvn CC RUhil iWi IiM COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE . The undersigned, Woodland County Club, Inc., (hereinafter "Owner "), the Owner of the following described real estate located in Hamilton County, Indiana (hereinafter "Real Estate "), makes the following Commitment Concerning the Use and Development of Real Estate to the Carmel Plan Commission (hereinafter "Commission ") and the Common Council of the City of Carmel, Indiana, ( "Council "). 1. Description of Real Estate. See Exhibit "A" hereto. ( "Real Estate "). 2. Docket No. 105-99-Z 3. Statement of Commitments. A. Owner commits, that the Real Estate shall be used only (i) as a golf course, country club, private recreational facility and uses accessory thereto. This commitment 3.A. shall commence on the Effective Date and shall continue until the fifteenth (15) anniversary of the Effective Date. This commitment 3.A. shall become null and void ifpart or part(s) of the Real Estate are taken by a governmental entity under the power of eminent domain rendering the remainder of the Real Estate unsuitable for golf course use; or, reducing the quality of the golf course below the standard enjoyed by the highest quality golf courses in Central Indiana. B. Owner commits that the Real Estate shall be used only for the uses described as Permitted Uses and Permitted Special Uses in the R -1 Residence District Classification of the Zoning Ordinance of the City of Carmel, Indiana, as of May 16, 2000; or in accordance with any subsequent zoning district, classification to which the Real Estate maybe changed on the Official Zoning Map providing for residential use of the Real Estate. This Commitment shall commence on the Effective Date and shall continue until the thirtieth (30 ') anniversary of the Effective Date. • • C. Owner commits to grant to the City of Carmel, Indiana, a right of first refusal to purchase the Real Estate, for a period of thirty (30) years commencing on the Effective Date in accordance with an agreement to be executed by Owner and the City of Carmel, Indiana, containing such terms and conditions as are acceptable to Owner and the City of Carmel, Indiana. This Commitment shall become effective on the Effective Date. 4. Subordination. The foregoing notwithstanding, Commitment 3.A., 3.B., and 3.C., are junior; inferior and subordinate to the lien of any existing or future mortgage(s) on the Real Estate. Binding on successors and Assigns. Commitments 3.A., and 3.C., are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Real Estate from Owner. Commitments 3.A., and 3.C., shall not be binding on the holder of a mortgage or mortgages on the Real Estate or any person or entity acquiring the Real Estate by, from, or through the mortgage foreclosure process. Commitment 3.B., is binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate and each other person acquiring an interest in the Real Estate. These commitments may be modified or terminated only by a decision of the Commission and Council made at a public hearing after notice as provided by the rules of the Commission and Council. 6. Effective Date. These commitments contained herein shall be effective upon the approval of a Special Use Application filed with the Carmel Board of Zoning Appeals under docket number SUA -6 -00 and the adoption of an ordinance by the Carmel City Council changing the classification of the real estate described on Exhibit "B" on the Official Zoning Map from the R -1 Residence District Classification to B -8 Business District Classification. ( "Effective Date "). 7. Recording. The undersigned hereby authorizes the Director of the Department of Community Services or the Secretary of the Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana, following the Effective Date. 8. Enforcement. These commitments may be enforced by the Commission and the City of Carmel, Indiana. Executed this 12'h day of May, 2000. Woodland Cou. Club, Inc. i:WariA ' /AjAi /i IV Pr /WV, Phillip H. r • • STATE OF INDIANA ) )S S: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Phillip H. Minton, of Woodland Country Club, Inc., and acknowledged the execution of the foregoing Commitments Concerning The Use and Development of Real Estate. WITNESS my hand and Notarial Seal this 12Th day of May, 2000. My Commission Expires: 7/6/2006 Residing in Marion County This Document Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 E. 98th Street, Suite 220 Indianapolis, IN 46280 Jes otary Public • • LEGAL DESCRIPTION Part of the West I !allot' Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana more particularly described as follows: Commencing at the Southwest corner of said I Ialf Section; thence North along the West line thereof _ 2104.92 feet; thence East parallel with the South line of said Half Section 1683.00 feet; thence North parallel with the East line of said Half Section 1634.83 feet to the POINT OF BEGINNING of this description: thence continuing North parallel with the East line of said Half Section 220.00 feet more or less; thence West parallel with the South line of said Half Section 627.00 feet; thence South parallel with the West line of said Half Section 220.00 feet; thence East parallel with the South line of said Half Section 623.00 feet, more or less, to the place of beginning, containing 3.16 acres, more or less. - ALSO: Part of the West I lalf of Section 6, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, I lamilton County, Indiana, more particularly described as follows: Commencing at the Southwest comer of said West Half, thence North 00 degrees 28 minutes 42 seconds West (assumed hearing), on and along the West line of said West Half, a distance of2429.50 feet to the Point of Beginning; thence North 89 degrees 56 minutes 15 seconds East 190.50 feet; thence South 00 degrees 28 minutes 42 seconds East parallel with the West line of said West Half, a distance of' 312.52 feet to the North line and the extension thereof, of Woodland Golf Club Subdivision, Fourth Section, a subdivision in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2, page 62 in the Office of the Recorder of said county; thence North 89 degrees 56 minutes 15 seconds East, on said North line, a distance of 1492.50 feet; thence North 00 degrees 03 seconds 45 minutes West 1623.90 feet to South line of land described in a deed to Woodland Country Club, Inc., recorded as Instrument Number 89 -00961 in the Office of said Recorder; thence South 89 degrees 53 minutes 49 seconds West on said South line, a distance of 626.77 feet; thence South 00 degrees 04 minutes 00 seconds East 403.28 feet; thence South 89 degrees 42 minutes 43 seconds West 1059.45 feet to the West line of the Northwest Quarter of said Section 6; thence South 00 degrees 00 minutes 00 seconds West on said West line, a distance of677.66 feet to a point, said point being the Southeast corner of the Northeast Quarter of Section 1, Township 17 North, Range 3 East; thence South 00 degrees 28 minutes 42 seconds East, 13.20 feet to the Southwest comer of the Northwest Quarter of said Section 6; thence continuing South 00 degrees 28 minutes 42 seconds East, on the West line of the West Half of said Section 6, .a distance of 212.64 feet to the Point of Beginning; containing 51.596 acres, more or less. ALSO: A part of the Northwest Quarter and the Northeast Quarter and the Southwest Quarter of Section 6, Township 17 North, Range 4 East in Eamilton County, Indiana, more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of Section 6, Township 17 North, Range 4 East in I lamilton County, Indiana; thence North 89 degrees 18 minutes 16 seconds East • • (assumed bearing) on and along the North line of said Quarter and the North line of the Northeast Quarter 2846.41 feet to the place of beginning; thence South 00 degrees 41 minutes 44 seconds East 20.00 feet to the Southerly right -of -way line of 1 16th Street per 1.S.H.C. plans S- 165(4) dated 1960; thence South 76 degrees 39 minutes 16 seconds East on and along said right -of -way (the following three calls are on and along said Southerly right -of -way) 103.08 feet; thence South 89 degrees 52 minutes 20 seconds East 350.04 feet; thence South 87 degrees 49 minutes 41 seconds East 100.13 feet; thence South 49 degrees 37 minutes 26 seconds East. 126.28 feet to the Westerly right -of -way of Keystone Avenue (U.S. #431) per 1.S.H.C. plans S- 165(4) dated 1960; thence South 03 degrees 38 minutes 27 seconds East on and along said Westerly right -of -way (the following six calls are on and along said West right -of -way) 200.25 feet; thence South 00 decrees 03 minutes 44 seconds East 400.03 feet; thence South 02 degrees 29 minutes 48 seconds East 400.18 feet; thence South 00 degrees 46 minutes 42 seconds East 800.00 feet; thence South 01 degrees 53 minutes 57 seconds West 150.13_fect; thence South 02 degrees 52 minutes 42 seconds East 150.10 feet; thence South 00 degrees 16 minutes 44 seconds East 279.09 feet to the Northeast corner of Lot 65 in Woodland Golf Club Subdivision, 3rd, as recorded in Plat Book 2, page 22, in the Office of the Recorder of Hamilton County, Indiana, (the following five calls are on and along the boundary of said subdivision); thence South 89 degrees 37 minutes 20 seconds West 129.42 feet to the Northeast corner of Lot 64; thence South 84 degrees 24 minutes 10 seconds West 131.80 feet to the Southeast corner of Lot 56; thenceforth 36 degrees 54 minutes 18 seconds West on and along the Easterly line of Lots 56, 55, 54 and 53, 675.35 feet to the North line of Lot 53; thence North 87 degrees 07 minutes 18 seconds West 202.83 feet to the West line of said subdivision; thence South 01 degrees 35 minutes 07 seconds East 790.72 feet to the North line ofJordan Woods, Fifth Section, as recorded in Plat Book 2, pages. 262 -263 in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 01 minutes 00 seconds West on and along, the North line of said subdivision 30.. 80 feet to the West line of said subdivision; thence South 00 degrees 34 minutes 56 seconds East on and along the West line of said subdivision 632.00 feet to the Northeast corner of Woodland Golf Club Subdivision, Sixth Section, as recorded in Plat Book 2, page 162 in the Office of the Recorder of Hamilton County, Indiana, thence South 89 degrees 56 minutes 15 seconds West on and along the North line of said subdivision and the North line of Woodland Golf Club Subdivision, Fourth Section, as recorded in Plat Book 2, page 62 in the Office of the Recorder of Hamilton County, Indiana, 968. 47 feet; thence North 00 degrees 24 minutes 20 seconds west 1831.21 feet to the South line of Woodland Golf Club 2" Subdivision, as recorded in Plat Book 137, page 274 in the Office of the Recorder of' I lamilton County, Indiana, (the following eight calls are on the boundary of said subdivision); thence North 32 degrees 09 minutes 23 seconds East 106.16 feet to the Southeast corner of Lot 35; thence South 22 degrees 41 minutes 09 seconds East 40.00 feet; thence South 89 degrees 02 minutes 54 seconds East 125.00 feet to the Northwest corner of Lot 49; thence South 04 degrees 34 minutes 02 seconds West 356.50 feet to the Southwest corner of Lot 50; thence North 68 degrees 20 minutes 45 seconds East 106.90 feet to an angle point in the South line of Lot.50; thence South 82 degrees 43 minutes 05 seconds East 65.00 feet to the Southwest corner of Lot 51; thence South 56 degrees 53 minutes 05 seconds East 154.88 feet to an angle point in the South line of Lot 51; thence South 84 degrees 17 minutes 53 seconds East 40.00 feet to the Southeast corner of Lot 51; thence South 89 degrees 26 minutes 39 seconds East 394.25 to the Westerly right -of -way of Woodland Drive; thence North 01 degrees 35 minutes 07 seconds West on and along said right -of- way 134.45 feet to an angle Point in said right -of -way; thence North 55 degrees 56 minutes 06 seconds West on and along said right -of -way 38.21 feet to the intersection of said right -of -way and the Southerly prolongation of the East line of said Woodland Golf Club Subdivision 2nd Section ; thence North 03 degrees 03 minutes 23 seconds East on and alone the prolongation and the East line • • of said subdivision 596.94 feet to the Northeast corner of Lot 41 in said subdivision (the following twelve calls are on the boundary of said subdivision); thence North 81 degrees 50 minutes 07 seconds West 184.38 feet to the Northeast corner of Lot 40; thence South 83 degrees 23 minutes 05 seconds West 124.84 feet to the Northeast corner of Lot 39; thence South 77 degrees 46 minutes 46 seconds West on and along the North line of Lots 39 and 38 to the Northeast corner of Lot 36; thence South 81 degrees 30 minutes 46 seconds West on and along the North line of Lot 36, 225.00 feet to the right -of -way of Woodland Drive; thence North 06 degrees 36 minutes 14 seconds West on and along said right -of -way 40.00 feet; thence North 30 degrees 42 minutes 14 seconds West on and along said right -of -way 40.00 feet; thence North 59 degrees 35 minutes 14 seconds West on and along said right -of -way 50.00 feet; thence North 84 degrees 28 minutes 14 seconds West on and along said right-of-way 50.00 feet; thence South 77 degrees 06 minutes 46 seconds West on and along, said right -of -way 75.00 feet; thence South 70 degrees 58 minutes 52 seconds West 105.39 feet on and along the right -of -way to the intersection of said right -of -way and the Northerly prolongation of the West line of Lot 34; thence South 08 degrees 47 Minutes 37 seconds East on and along the prolongation and the West line of Lot 34, 133.28 feet to the Northwest corner of Lot 35; thence South 03 degrees 21 minutes 23 seconds West 140.41 feet to the Southwest corner of Lot 35; thence North 87 degrees 55 minutes 28 seconds West (On and along a line which passes through a found stone per County Surveyor's Records, a distance of 446.86 feet) to the East line of Wood Valley Estates, as recorded in Plat Book 3, page 60 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 07 minutes 50 seconds West on and along said East line of said subdivision, 331.68 feet to a concrete monument 13.00 feet South 00.07 minutes 50 seconds East from the Northeast corner of said subdivision; South 87 degrees 00 minutes 45 seconds East 19.43 feet; thence north 18 degrees 21 minutes 15 seconds East 71.31 feet to the right -of -way of Woodland Drive, said point being a point on a curve which bears South 59 degrees 29 minutes 45 seconds West 410.00 feet from its radius point; thence on and along said right -of -way and curve to the right an arc distance of 67.91 feet to the point of tangent said point bears South 68 degrees 59 minutes 11 seconds West 410.00 feet from its radius point, thence North 21 degrees 00 minutes 49 seconds West on and along said right-of-way 215.80 feet to the intersection of said right -of -way and the Southerly line of Woodland Golf Club Subdivision, 1" Section, as recorded in Plat Book 136, pages 545 and 546, in the Office of the Recorder of Hamilton County, Indiana, said intersection being a point on a curve which bears South 06 degrees 51 minutes 34 seconds East 195.00 feet from its radius point; thence Northeasterly on and along said Southerly line and curve to the left an arc distance of 234.33 feet to the Southwest corner of Lot 23 in said subdivision that bears South 75 degrees 42 minutes 37 seconds East 195.00 feet from its radius point; thence South 75 degrees 42 minutes 37 seconds East on and along the South line of said Lot 23, 213.38 feet to the Southeast corner of Lot 23; thence North 44 degrees 27 minutes 05 seconds East on and along the Easterly line of Lots 23, 24, 25, 26 and 27 in said subdivision 681.00 feet to the Southwest corner of Lot 31; thence North 66 degrees 08 minutes 00 seconds East on and along the Southerly line of Lots 31, 32 and 33, 435.10.feet to the Southeast corner of Lot 33; thence North 00 degrees 41 minutes 44 seconds West on and along the East line of Lot 33, 127.00 feet to the North line of the Northwest Quarter; thence North 89 degrees 18 minutes 16 seconds East on and along the North line 581.41 feet to the Place of Beginning containing 113.899 acres, more or less. Subject to all legal easements and right -of -ways. Except for the Real Estate listed on Exhibit "B ". • • Part of the North I lairotScction 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of Section 6, Township 17 North, Range 4 East; thence South 89 degrees 53 minutes 03 seconds East (assumed bearing) on the North line of said Section 6, (being a straight line between said Northwest corner and the Southeast corner of Section 31, Township 18 North, Range 4 East as said corners were monumented_with Harrisan Workers on September 23, 1999) a distance of 2265.00 feet to the Northeast corner of WOODLAND GOLF CLUB SUBDIVISION, a subdivision in Hamilton County, Indiana, the plat of which is recorded on pages 545 and 546 of Deed Record 136 in the Office of the Recorder of Hamilton County, Indiana, said corner being the PLACE OF BEGINNING of the within described real estate; thence continuing South 89 degrees, 53 minutes, 03 seconds East on said North line of section 6, a distance of 581.41 feet to a point that is 750.00 feet West of the centerline of Indiana State Road 431, (designated as line "E" on 1.S.H.C. plans for Project Number S -165 (13), dated 1959.and revised August 3, 1964); thence South 00.. degrees 04 minutes 33 seconds West, passing through a I.S.H.C. Right of Way Marker, a distance of 18.01 feet to the Southerly right -of -way line of 116t Street at point that is 20.00 feet South 00 degrees 04 minutes 33 West of survey line "5 -6 -E" on said I.S.H.C. plans; (the following three courses are on said Southerly right -of -way line) 1.) thence South 75 degrees 53 minutes 16 seconds East 103.08 feet to a point that is 45.00 feet South of said survey line "5 -6 -E "; 2.) thence South 89 degrees 06 minutes 20 seconds East 350.04 feet to a point that is 50.00 seconds feet South of said survey line; 3.) thence South 87 degrees 03 minutes 42 seconds East 100.13 feet to a point that is 55.00 feet South of said survey line, said point being on the Westerly limited access right -of -way line of said Indiana State Road 431, per the aforesaid I.S.H.C. plans; thence South 48 degrees 51 minutes 27 seconds East on said right -of -way line 126.28 feet to a point that is 105.00 feet west of line "E" on said plans; thence South 02 degrees 52 minutes 32 seconds East on right -of- way line 200.25 feet; thence South 00 degrees 42 minutes 1.1 seconds West on said right -of -way line 347.17 feet; thence North 79 degrees 19 minutes 04 seconds West 1002.87 feet; thence North 33 degrees 33 minutes 52 seconds West 446.74 feet to the Southeast corner of Lot Number 33 in the aforesaid WOODLAND GOLF CLUB SUBDIVISION; thence North 00 degrees 06 minutes 57 seconds East on the East line of said subdivision 127.00 feet to the place of beginning, containing 14.378 acres, more or less. COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE The undersigned, Woodland Country Club, Inc. (hereafter "Owner "), the Owner of the following described real estate located in Hamilton County, Indiana (hereafter "Real Estate "), makes _ the following Commitments Concerning the Use and Development of .Real Estate to the Common Council of the City of Carmel, Indiana ( "Council "). 1. Description of Real Estate. See Exhibit "A" hereto. ( "Real Estate "). 2. Ordinance Z -341. 3. Statement of Commitments. A. Owner consents to the annexation of the Real Estate to the City of Carmel, Indiana, and hereby waives its statutory right of appeal and remonstrance. If the Real Estate is a part of a parcel being annexed, Owner shall be entitled to any and all abatements, deferrals and benefits as applicable to all other owners within the annexed parcel. B. Owner ( "Grantor ") grants to the City ofCarmel, Indiana ( "Grantee ") the right of first offer for purchase of the Real Estate ( "Property ") for the period beginning on the 30th anniversary of the Effective Date and continuing until the 50th anniversary of the Effective Date subject to the following: (i) Right of First Offer. Grantor shall not market, offer for sale, agree to sell or sell the Property without first offering to sell it to Grantee. Before Grantor enters into any agreement for the marketing or sale of the Property, Grantor will offer to sell the property to Grantee. (ii) Form of First Offer. Grantor will make such first offer to Grantee in a writing which shall advise Grantee that Grantor intends to market, offer for sale, agree to sell or sell the Property to a third party. The written first offer shall set forth the purchase price and terms for the sale of the Property which Grantee would be willing to offer to a third party, together with all of the essentials of a contract for the sale of the Property, and shall be executed by Grantor. (iii) Grantee's Acceptance of First Offer. Grantee shall have the right for 60 days after the receipt of Grantor's first offer to accept the offer by delivering an executed copy of the first offer prior to the expiration of the 60 -day period. (iv) Counteroffer. If Grantee responds to Grantor's offer with anything other than an unequivocal and unconditional acceptance or rejection of the offer, such response shall be deemed to be an offer to purchase the Property ( "Counteroffer "), which shall cause this right of first offer to terminate. Grantor may accept or reject Grantee's Counteroffer in Grantor's sole discretion. (v) Termination. If Grantee- fails.to respond to Grantor's offer before the expiration of the 60 -day acceptance period described above, the offer shall be deemed rejected and all of Grantee's rights shall terminate. If, within the 60 -day acceptance period described above, Grantee expressly rejects Grantor's offer or makes a Counteroffer as described . above, all of Grantee's rights shall terminate. Upon termination of Grantee's rights, Grantor may market, offer for sale, agree to sell or sell the Property to any other party for whatever price and on whatever terms Grantor may choose, without any further obligation under this agreement. 4. Subordination. The foregoing notwithstanding, Commitment 3.B is junior, inferior and subordinate to the lien of any existing or future mortgage(s) on the Real Estate. 5. Binding on Successors and Assigns. These commitments are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Real Estate from Owner. These commitments may be modified or terminated only by a decision of the Council made at a public hearing after notice as provided by the rules of the Council. 6. Effective Date. These commitments contained herein shall be effective upon the approval of a Special Use Application filed with the Carmel Board ofZoning Appeals under docket number SUA -6 -00 and the adoption of Ordinance Z -341 by the Carmel City Council ( "Effective Date "). 7. Recording. The undersigned hereby authorizes the Clerk Treasurer to record these .commitments in the Office of the Recorder of Hamilton County, Indiana, following the Effective Date. 8. Enforcement. These commitments may be enforced by the City of Carmel, Indiana. 2 • • Executed this 16th day ofJune, 2000. STATE OF INDIANA )SS: WOODLAND COUNTRY CLUB, INC.. COUNTY OF Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Phillip H. Minton, the President of Woodland Country Club, Inc., and acknowledged the execution of the foregoing Commitments Concerning the Use and Development of Real Estate. WITNESS my hand and Notarial Seal this 16th day ofJune, 2000. My Commission Expires: /0 /!3 /a Residing in �� County This Document Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis IN 46280 F: \User\MARGIE1j imn- woodlaiidcommitments.wpd 3 Notary Public • • LEGAL DESCRIPTION Part of the West I lalf of Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana more particularly described as follows: Commencing at the Southwest corner of said flair Section; thence North along the West line thereof 2104.92 feet; thence East parallel with the South line of said Half Section 1683.00 feet; thence North parallel with the East line of said Half Section 1634.83 feet to the POINT OF BEGINNING of this description: thence continuing North parallel with the East line of said Half Section 220.00 feet more or Tess; thence West parallel with the South line of said Half Section 627.00 feet; thence South parallel with the West line of said Half Section 220.00 feet; thence East parallel with the South line of said Half Section 623.00 feet, more or less, to the place of beginning, containing 3.16 acres, more or less. - ALSO: Part of the West I tall of Section 6, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, I lamilton County, Indiana, more particularly described as follows: Commencing at the Southwest comer of said West Half; thence North 00 degrees 28 minutes 42 seconds West (assumed hearing), on and along the West line of said West Half, a distance of 2429.50 feet to the Point of Beginning; thence North 89 degrees 56 minutes 15 seconds East 190.50 feet; thence South 00 degrees 28 minutes 42 seconds East parallel with the West line of said West Half, a distance of 312.52 feet to the North line and the extension thereof, of Woodland Golf Club Subdivision, Fourth Section, a subdivision in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2, page 62 in the Office of the Recorder of said county; thence North 89 degrees 56 minutes 15 seconds East, on said North line, a distance of 1492.50 feet; thence North 00 degrees 03 seconds 45 minutes West 1623.90 feet to South line of land described in a deed to Woodland Country Club, Inc., recorded as Instrument Number 89 -00961 in the Office of said Recorder; thence South 89 degrees 53 minutes 49 seconds West on said South line, a distance of 626.77 feet; thence South 00 degrees 04 minutes 00 seconds East 403.28 feet; thence South 89 degrees 42 minutes 43 seconds West 1059.45 feet to the West line of the Northwest Quarter of said Section 6; thence South 00 degrees 00 minutes 00 seconds West on said West line, a distance of 677.66 feet to a point, said point being the Southeast corner of the Northeast Quarter of Section 1, Township 17 North, Range 3 East; thence South 00 degrees 28 minutes 42 seconds East, 13.20 feet to the Southwest comer of the Northwest Quarter of said Section 6; thence continuing South 00 degrees 28 minutes 42 seconds East, on the West line of the West Half of said Section 6, a distance of 212.64 feet to the Point of Beginning; containing 51.596 acres, more or less. ALSO: A part of the Northwest Quarter and the Northeast Quarter and the Southwest Quarter of Section 6, Township 17 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of Section 6, Township 17 North, Range 4 East in I lamilton County, Indiana; thence North 89 degrees 18 minutes 16 seconds East • • (assumed bearing) on and along the North line of said Quarter and the North line of the Northeast Quarter 2846.41 feet to the place of beginning; thence South 00 degrees 41 minutes 44 seconds East 20.00 feet to the Southerly right-of-way line of 1 161h Street per I.S.H.C. plans S- 165(4) dated 1960; thence South 76 degrees 39 minutes 16 seconds East on and along said right -of -way (the following three calls are on and along said Southerly right -of -way) 103.08 feet; thence South 89 degrees 52 minutes 20 seconds East 350.04 feet; thcncc South 87 degrees 49 minutes 41 seconds East 100.13 feet; thence South 49 degrees 37 minutes 26 seconds East ,126.28 feet to the Westerly right -of -way of Keystone Avenue (U.S. 4431) per 1.S.H.C. plans S- 165(4) dated 1960; thence South 03 degrees 38 minutes 27 seconds East on and along said Westerly right -of -way (the following six calls are on and along said West right -of -way) 200.25 feet; thence South 00 decrees 03 minutes 44 seconds East 400.03 feet; thence South 02 degrees 29 minutes 48 seconds East 400.18 feet; thence South 00 degrees 46 minutes 42 seconds East 800.00 feet; thence South 01 degrees 53 minutes 57 seconds West 150.13_feet; thence South 02 degrees 52 minutes 42 seconds East 150.10 feet; thence South 00 degrees 16 minutes 44 seconds East 279.09 feet to the Northeast corner of Lot 65 in Woodland Golf Club Subdivision, .3 ", as recorded in Plat Book 2, page 22, in the Office of the Recorder of Hamilton County, Indiana, (the following five calls are on and along the boundary of said subdivision); thence South 89 degrees 37 minutes 20 seconds West 129.42 feet to the Northeast corner of Lot 64; thence South 84 degrees 24 minutes 10 seconds West 131.80 feet to the Southeast corner of Lot 56; thenceforth 36 degrees 54 minutes 18 seconds West on and along the Easterly line of Lots 56, 55, 54 and 53, 675.35 feet to the North line of Lot 53; thence North 87 degrees 07 minutes 18 seconds West 202.83 feet to the West line of said subdivision; thence South 01 degrees 35 minutes 07 seconds East 790.72 feet to the North line ofJordan Woods, Fifth Section, as recorded in Plat Book 2, pages. 262 -263 in the Office of the Recorder of Hamilton County,. Indiana; thence South 89 degrees 01 minutes 00 seconds West on and along, the North line of said subdivision 30. 80 feet to the West line of said subdivision; thence South 00 degrees 34 minutes 56 seconds East on and along the West line of said subdivision 632.00 feet to the Northeast corner of Woodland Golf Club Subdivision, Sixth Section, as recorded in Plat Book 2, page 162 in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 56 minutes 15 seconds West on and along the North line of said subdivision and the North line of Woodland Golf Club Subdivision, Fourth Section, as recorded in Plat Book 2, page 62 in the Office of the Recorder of Hamilton County, Indiana, 968. 47 feet; thence North 00 degrees 24 minutes 20 seconds west 1831.21 feet to the South line of Woodland Golf Club 2'' Subdivision, as recorded in Plat Book 137, page 274 in the Office of the Recorder of I lamilton County, Indiana, (the following eight calls are on the boundary of said subdivision); thence North 32 degrees 09 minutes 23 seconds East 106.16 feet to the Southeast corner of Lot 35; thcncc South 22 degrees 41 minutes 09 seconds East 40.00 feet; thence South 89 degrees 02 minutes 54 seconds East 125.00 feet to the Northwest corner of Lot 49; thence South 04 degrees 34 minutes 02 seconds West 356.50 feet to the Southwest corner of Lot 50; thence North 68 degrees 20 minutes 45 seconds East 106.90 feet to an angle point in the South Tine of Lot.50; thence South 82 degrees 43 minutes 05 seconds East 65.00 feet to the Southwest corner of Lot 51; thence South 56 degrees 53 minutes 05 seconds East 154.88 feet to an angle point in the South line of Lot 51; thence South 84 degrees 17 minutes 53 seconds East 40.00 feet to the Southeast corner of Lot 51; thence South 89 degrees 26 minutes 39 seconds East 394.25 to the Westerly right -of -way of Woodland Drive; thence North 01 degrees 35 minutes 07 seconds West on and along said right -of- way 134.45 feet to an angle Point in said right -of -way; thence North 55 degrees 56 minutes 06 seconds West on and along said right -of -way 38.21 feet to the intersection of said right -of -way and the Southerly prolongation of the East line of said Woodland Golf Club Subdivision 2nd Section ; thence North 03 degrees 03 minutes 23 seconds East on and alone the prolongation and the East line • • of said subdivision 596.94 feet to the Northeast corner of Lot 41 in said subdivision (the following twelve calls are on the boundary of said subdivision); thence North 81 degrees 50 minutes 07 seconds West 184.38 feet to the Northeast corner of Lot 40; thence South 83 degrees 23 minutes 05 seconds West 124.84 feet to the Northeast corner of Lot 39; thence South 77 degrees 46 minutes 46 seconds West on and along the North line of Lots 39 and 38 to the Northeast corner of Lot 36; thence South 81 degrees 30 minutes 46 seconds West on and along the North line of Lot 36, 225.00 feet to the right -of -way of Woodland Drive; thence North 06 degrees 36 minutes 14 seconds West on and along said right -of -way 40.00 feet; thence North 30 degrees 42 minutes 14 seconds West on and along said right -of -way 40.00 feet; thence North 59 degrees 35 minutes 14 seconds West on and along said right -of -way 50.00 feet; thence North 84 degrees 28 minutes 14 seconds West on and along said right -of -way 50.00 feet; thence South 77 degrees 06 minutes 46 seconds West on and along, said right-of-way 75.00 feet; thence South 70 degrees 58 minutes 52 seconds West 105.39 feet on and along the right -of -way to the intersection of said right -of -way and the Northerly prolongation of the West line of Lot 34; thence South 08 degrees 47 Minutes 37 seconds East on and along the prolongation and the West line of Lot 34, 133.28 feet to the Northwest corner of Lot 35; thence South 03 degrees 21 minutes 23 seconds West 140.41 feet to the Southwest corner of Lot 35; thence North 87 degrees 55 minutes 28 seconds West (On and along a line which passes through a found stone per County Surveyor's Records, a distance of 446.86 feet) to the East line of Wood Valley Estates, as recorded in Plat Book 3, page 60 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 07 minutes 50 seconds West on and along said East line of said subdivision, 331.68 feet to a concrete monument 13.00 feet South 00.07 minutes 50 seconds East from the Northeast corner of said subdivision; South 87 degrees 00 minutes 45 seconds East 19.43 feet; thence north 18 degrees 21 minutes 15 seconds East 71.31 feet to the right -of -way of Woodland Drive, said point being a point on a curve which bears South 59 degrees 29 minutes 45 seconds West 410.00 feet from its radius point; thence on and along said right -of -way and curve to the right an arc distance of 67.91 feet to the point of tangent said point bears South 68 degrees 59 minutes 11 seconds West 410.00 feet from its radius point, thence North 21 degrees 00 minutes 49 seconds West on and along said right-of-way 215.80 feet to the intersection of said right -of -way and the Southerly line of Woodland Golf Club Subdivision, 1' Section, as recorded in Plat Book 136,. pages 545 and 546, in the Office of the Recorder of Hamilton County, Indiana, said intersection being a point on a curve which bears South 06 degrees 51 minutes 34 seconds East 195.00 feet from its radius point; thence Northeasterly on and along said Southerly line and curve to the left an arc distance of 234.33 feet to the Southwest corner of Lot 23 in said subdivision that bears South 75 degrees 42 minutes 37 seconds East 195.00 feet from its radius point; thence South 75 degrees 42 minutes 37 seconds East on and along the South line of said Lot 23, 213.38 feet to the Southeast corner of Lot 23; thence North 44 degrees 27 minutes 05 seconds East on and along the Easterly line of Lots 23, 24, 25, 26 and 27 in said subdivision 681.00 feet to the Southwest corner of Lot 31; thence North 66 degrees 08 minutes 00 seconds East on and along the Southerly line of Lots 31, 32 and 33, 435.10.feet to the Southeast corner of Lot 33; thence North 00 degrees 41 minutes 44 seconds West on and along the East line of Lot 33, 127.00 feet to the North line of the Northwest Quarter; thence North 89 degrees 18 minutes 16 seconds East on and along the North line 581.41 feet to the Place of Beginning containing 113.899 acres, more or less. Subject to all legal easements and right -of -ways. Except for the Real Estate listed on Exhibit "B ". EXHIBIT I -1)- Part of the North 1 lalf of Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of Section 6, Township 17 North, Range 4 East; thence South 89 degrees 53 minutes 03 seconds East (assumed bearing) on the North line of said Section 6, (being a straight line between said Northwest corner and the Southeast corner of Section 31, Township 18 North, Range 4 East as said corners were monumented with Harrisan Workers on September 23, 1999) a distance of 2265.00 feet to the Northeast corner of WOODLAND GOLF CLUB SUBDIVISION, a subdivision in Hamilton County, Indiana, the plat of which is recorded on pages 545 and 546 of Deed Record 136 in the Office of the Recorder of Hamilton County, Indiana, said corner being the PLACE OF BEGINNING of the within described real estate; thence continuing South 89 degrees, 53 minutes, 03 seconds East on said North line of section 6, a distance of 581.41 feet to a point that is 750.00 feet West of the centerline of Indiana State Road 431, (designated as line "E" on I.S.H.C. plans for Project Number S -165 (13), dated 1959 and revised August 3, 1964); thence South 00 degrees 04 minutes 33 seconds West, passing through a I.S.H.C. Right of Way Marker, a distance of' 18.01 feet to the Southerly right -of -way line of 116'h Street at point that is 20.00 feet South 00 degrees 04 minutes 33 West of survey line "5 -6 -E" on said I.S.H.C. plans; (the following three courses are on said Southerly right -of -way line) 1.) thence South 75 degrees 53 minutes 16 seconds East 103.08 feet to a point that is 45.00 feet South of said survey Line "5 -6 -E "; 2.) thence South 89 degrees 06 minutes 20 seconds East 350.04 feet to a point that is 50.00 seconds feet South of said survey line; 3.) thence South 87 degrees 03 minutes 42 seconds East 100.13 feet to a point that is 55.00 feet South of said survey line, said point being on the Westerly limited access right -of -way line of said Indiana State Road 431, per the aforesaid I.S.H.C. plans; thence South 48 degrees 51 minutes 27 seconds East on said right -of -way line 126.28 feet to a point that is 105.00 feet west of line "E" on said plans; thence South 02 degrees 52 minutes 32 seconds East on right -of- way line 200.25 feet; thence South 00 degrees 42 minutes 11 seconds West on said right -of -way line 347.17 feet; thence North 79 degrees l 9 minutes 04 seconds West 1002.87 feet; thence North 33 degrees 33 minutes 52 seconds West 446.74 feet to the Southeast corner of Lot Number 33 in the aforesaid WOODLAND GOLF CLUB SUBDIVISION; thence North 00 degrees 06 minutes 57 seconds East on the East line of said subdivision 127.00 feet to the place of beginning, containing 14.378 acres, more or less.