HomeMy WebLinkAboutDraft Commitments 7-8-15COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Indiana Equity Associates, LLC, an Indiana limited liability company (“Indiana Equity”),
the owner of the real estate located in Hamilton County, Indiana and described in what is
attached hereto and incorporated herein by referenced as Exhibit A (the "Real Estate"), makes
the following commitments (the "Commitments") concerning the use and development
applicable to the Real Estate, to the Board of Zoning Appeals of the City of Carmel, Indiana (the
“Board”).
Section 1. Cross Reference. These Commitments are made in connection with the approval
by the Board of the Use Variance under docket number 15060008 UV (the “Use Variance”) with
respect to the Real Estate.
Section 2. Definitions. The definitions (i) of the capitalized terms set forth below in this
Section 2, as they appear throughout these Commitments, shall have the meanings set forth
below in this Section 2 and (ii) of all other capitalized terms included in these Commitments and
not defined below in this Section 2, shall be the same as set forth in the Zoning Ordinance
(defined below).
A. Architectural Design: The architecture, design, exterior lighting, landscaping and
signage associated with the Convenience Store and Gas Sales illustrated on the
drawing attached hereto and incorporated herein by reference as Exhibit C.
B. City: “City” shall mean and refer to the City of Carmel, Indiana.
C. Convenience Store and Gas Sales: “Convenience Store and Gas Sales” shall mean
Convenience Store and Gas Sales as defined in the Zoning Ordinance.
D. Director: “Director” shall mean and refer to the Director of Community Services for
the City.
E. Minor Alteration: “Minor Alteration” shall mean Minor Alteration as defined in the
Zoning Ordinance.
F. Open Space Area: “Open Space Area” shall mean the area of the Real Estate
identified as “Area 1” on is attached hereto and incorporated herein by reference as
Exhibit D.
G. Site Plan: “Site Plan” shall mean and refer to the drawing which is attached hereto
and incorporated herein by reference as Exhibit B.
H. Substantial Alteration: “Substantial Alteration” shall mean Substantial Alteration
as defined in the Zoning Ordinance.
I. Usable Area: “Usable Area” shall mean the area of the Real Estate identified as
“Area 2” on what is attached hereto and incorporated herein by reference as Exhibit
D.
J. Zoning Ordinance: The Zoning Ordinance, Ordinance Z-289, of the City of
Carmel, Hamilton County, Indiana, as amended.
Section 3. Commitment Concerning Use. Indiana Equity, as owner of the Real Estate, for
itself and for its successors, assigns, grantees and successors in title to the Real Estate, makes the
following commitments concerning the use and development of the Real Estate:
A. Permitted Uses on Real Estate - A Convenience Store with Gas Sales shall be the
only permitted use on the Real Estate.
B. Site Plan - The Real Estate shall be developed in substantial compliance with the
Site Plan. If there is a Substantial Alteration in the approved Site Plan, review and
approval of the amended Site Plan shall be made by the Special Studies Committee
of the Plan Commission pursuant to the ADLS amendment provisions of Chapter
24 of the Zoning Ordinance. Minor Alterations may be approved by the Director.
C. Architectural Design - The Convenience Store with Gas Sales shall be developed in
substantial compliance with the Architectural Design. If there is a Substantial
Alteration in the Architectural Design, review and approval of the amended
Architectural Design shall be made by the Special Studies Committee of the Plan
Commission pursuant to the ADLS amendment provisions of Chapter 24 of the
Zoning Ordinance. Minor Alterations may be approved by the Director.
D. Open Space Area – Use of the Open Space Area shall be regulated as identified
below in this Section 3(D):
1. Buildings, driveways, pumps, canopies, parking areas, other improvements
and so on are permitted in the Useable Area but are not permitted in the Open
Space Area.
2. The following activities shall be prohibited in the Open Space Area:
a. Removal of living vegetation except as otherwise permitted below in this
Section 3(D)(3).
b. Mowing any portion of existing, naturally vegetated areas, except along
trails, points of access or gathering points.
c. Seeding, including grass seed, prairie mix seed, unless approved by the
City's Urban Forester.
3. The following activities shall be permitted:
a. Removal of invasive species (e.g. bush honeysuckle) through cutting or
the use of herbicides.
b. Removal of (i) leaves, (ii) dead, dying or fallen trees and/or (iii) trees
that create a risk of personal injury or property damage.
c. Removal of vines.
d. Planting of native trees pursuant to the Indiana Native Tree List
provided by the city's Urban Forester.
e. Removal of exotic and invasive vegetation pursuant to the Indiana
Exotic and Invasive Plant List provided by the City's Urban Forester.
f. Removal of trees directed to be removed by municipal, county, state or
federal agencies or departments or by a public utility.
g. Removal of trees and other vegetation as necessary for the installation
of utilities and drainage improvements.
Section 4. Effective Date. The Commitments contained herein shall be effective upon the
occurrence of all of the following events:
A. Approval by the Board of Indiana Equity’s requested Use Variance application,
subject to the Commitments, under Docket Number 15060008 UV (hereinafter
referred to as the “Zoning Approval”); and,
B. The commencement of the development of the Real Estate pursuant to the Zoning
Approval as evidenced by the issuance of an Improvement Location Permit.
Section 5. Binding on Successors and Modifications. These Commitments are binding
upon (i) Indiana Equity during the time of Indiana Equity’s ownership and (ii) upon each
successor, assign and grantee acquiring an interest in the Real Estate during such successor’s,
assign’s and grantee’s ownership, unless modified or terminated by the Board after a public
hearing wherein notice is provided by the rules of the Board. The provisions of this Section 5
notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) on the City’s Official Zone Map.
Section 6. Recording. The undersigned hereby authorizes the Director to record these
Commitments in the Office of the Recorder of Hamilton County, Indiana.
Section 7. Enforcement. These Commitments may be enforced by the Board.
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IN WITNESS WHEREOF, Owner has caused these Commitments to be executed as of
the date written below.
“Owner”
Indiana Equity Associates, LLC,
an Indiana limited liability company
By: ____________________________
Date: ___________________________
STATE OF ________________ )
) SS.:
COUNTY OF ______________ )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared ______________________________ (name) as ______________________ (title) of
Indiana Equity Associates, LLC, an Indiana limited liability company and acknowledged the
execution of the foregoing Commitments this _____ day of ______________, 2015.
Witness my hand and Notarial Seal this ________ day of ______________, 2015.
My Commission Expires: ___________________________________
____________________ Notary Public
Residing in ___________ County ___________________________________
Printed Name
Prepared By: Charles D. Frankenberger and James E. Shinaver, Nelson & Frankenberger, 3105
East 98th Street, Suite 170, Indianapolis, Indiana 46280 (317) 844-0106.
Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this document, unless required by law –
James E. Shinaver.
EXHIBIT A
(Legal Description of the Real Estate)
A Part of the Northwest Quarter of Section 21, Township 18 North, Range 4 East in Hamilton County,
Indiana and lying entirely within a parcel of Land to Indiana Equity Associates, LLC recorded March 20th,
2015 as Instrument No. 2013017749 in the Office of The Hamilton County Recorder, more particularly
described as follows:
Commencing at the Northeast corner of the Northwest Quarter of Section 21, Township 18 North, Range
4 East; thence North 89 degrees 52 minutes 14 seconds West 1770.00 feet along the North line of said
Quarter to the Northeast corner of a parcel of land taken through Condemnation of Real Estate by the
Board of Commissioners of Hamilton County, within the Superior Court Room 3 of Hamilton County,
Cause No 29D03‐9912‐MI‐007549, recorded March 30, 2000 as Instrument No. 2000‐14311; thence
South 00 degrees 05 minutes 30 seconds East 73.16 feet to a Southeast corner of said parcel and being
the POINT OF BEGINNING; thence continuing South 00 degrees 05 minutes 30 seconds East 586.84 feet;
thence North 89 degrees 52 minutes 14 seconds West 330.00 feet; thence South 00 degrees 05 minutes
30 seconds East 9.98 feet; thence North 89 degrees 52 minutes 14 seconds West 569.47 feet parallel
with the North line of said Quarter to the West line of said Quarter; thence North 00 degrees 24 minutes
40 seconds West 102.42 feet along said West line to the Southwest corner of said Instrument No. 2000‐
14311 (the following eleven (11) calls are along the East and South lines of said parcel); (1) thence North
89 degrees 35 minutes 20 seconds East 29.53 feet; (2) thence North 00 degrees 24 minutes 40 seconds
West 239.50 feet; (3) thence North 10 degrees 53 minutes 55 seconds East 133.83 feet; (4) thence North
00 degrees 24 minutes 40 seconds West 65.62 feet; (5) thence North 43 degrees 11 minutes 39 seconds
East 48.67 feet; (6) thence South 88 degrees 43 minutes 29 seconds East 246.11 feet; (7) thence North
87 degrees 24 minutes 11 seconds East 137.95 feet; (8) thence North 64 degrees 43 minutes 18 seconds
East 72.64 feet; (9) thence North 84 degrees 07 minutes 13 seconds East 125.36 feet; (10) thence South
82 degrees 56 minutes 01 seconds East 198.30 feet; (11) thence South 89 degrees 52 minutes 14
seconds East 42.25 feet to the POINT OF BEGINNING.
Containing 508,567.92 square feet or 11.675 acres, more or less.
EXHIBIT B
(Site Plan)
Note: Complete Engineered Plans dated July ___, 2015 are on file with the City under docket
number 15060008 UV.
EXHIBIT C
(Architectural Design)
Note: Complete Architectural Plans dated July ___, 2015 are on file with the City under docket
number 15060008 UV.
EXHIBIT D