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HomeMy WebLinkAboutReal Estate Covenents - 086-87 Z REAL ESTATE COVENANTS TO: Carmel Plan Commission, City of Carmel, Indiana RE: Docket No . 86-87-Z (Rezone Application of Trammell Crow Company on behalf of its affiliates Legal Description: See Exhibits A, B, C and D attached hereto and made a part hereof . The undersigned (hereafter "Owner" ) , as part of its Application for Rezone of the real estate described on Exhibit A, Exhibit B, Exhibit C and Exhibit D respectively, hereto (hereafter the "Real Estate" ) does hereby unilaterally and voluntarily covenant with the Carmel Plan Commission and the City of Carmel , Indiana as follows : COVENANTS ATTENDANT TO PETITION FOR REZONE 1 . Applicability of Certain U.S. 31 (Meridian Corridor ) Overlay Zone Requirements: A. The Owner covenants that notwithstanding the permitted uses and special uses provided for in the underlying zoning districts applicable to the Real Estate, the uses defined as "Excluded Uses" under Section 23 . 01-7 (United States Highway 31 Overlay Zone - Effective Date, April 21 , 1980) of the Zoning Ordinance of the City of Carmel, Indiana ( Effective Date - January, 1980) except radio/tv transmission towers , shall be prohibited on the Real Estate in the same manner as if the Real Estate were actually located within the U.S. 31 Highway Overlay Zone. B. The Owner covenants that development of the Real Estate shall be subject to Carmel Plan Commission review and approval of the site development plan, architectural design, landscaping, lighting and signage as provided in Section 23.01 of The Zoning Ordinance of the City of Carmel , Indiana, (United States Highway 31 Overlay Zone) . C. The Owner covenants that the roadway improvements depicted on Exhibit E in bold dark black, attached hereto and made a part hereof, and a traffic signal light at 103rd Street and U.S. 31 , shall, subject to the approval of the appropriate governmental agencies or bodies, be installed by Owner prior to the issuance of a Certificate of Occupancy for the first building to be constructed on the Real Estate. D. The Owner covenants that street lights shall be installed, by owner, at its sole cost and expense, along the main boulevard depicted on Exhibit E pursuant to a development plan approved by the Carmel Plan Commission prior to the issuance of a Certificate of Occupancy for the first building to be constructed on the Real Estate. E. The Owner covenants that it will not cause the following streets to be extended into the Real Estate: 1 . Delaware Street 2 . Washington Boulevard 3 . New Jersey Street 4 . Central Avenue 5 . Ruckle Road 6 . Park Avenue 7. Broadway 8. 102nd Street F. The Owner covenants that it will construct or cause to be constructed sidewalks on the south side of East 103rd Street from Pennsylvania Street on the West to College Avenue on the East subject to the prior approval of the appropriate governmental agencies or bodies and the availability of adequate public right of way, prior to the issuance of a Certificate of Occupancy for the first building to be constructed on the Real Estate. If adequate public right of way is not available, Owner will use its best efforts to obtain the consent of the necessary adjoining property owners for the construction of the sidewalks. G. The Owner covenants to furnish and to install approximately 200 lineal feet of 2" diameter galvanized steel conduit and three handholes underground in the vacinity of the intersection of the proposed site roadway with College Avenue, as shown on Exhibit E. The conduit and handholes shall be located so as to accomodate electrical cable for a traffic signal which may be warranted at some future time. The conduit and handholes shall be furnished and installed in accordance with the applicable Standard Specifications and Standard Drawings of the Indiana Department of Highways which are in effect at the time of installation. 2. Consent to Annexation: The Owner covenants to consent to annexation of the Real Estate by the City of Carmel upon request, concurrent with its development. 3 . Effective Date: The covenants 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 to the B-6 Business District ; the real estate described on Exhibit B from the S-2 Residence District to the B-5 Business District; the real estate described on Exhibit C from the S-2 Residence District to the B-7 Business District and the real estate described on Exhibit D from the R-1 Residence District to the B-7 Business District. 4 . Binding on Heirs, Successors & Assigns: The covenants contained herein 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. 5. Recording : The undersigned hereby authorizes the Directors of Community Development or the Secretary of the Carmel Plan Commission to record these Real Estate Covenants in the Office of the Recorder of Hamilton County, Indiana upon adoption of the ordinance referred to in paragraph 3 above. 6 . Enforcement: These Real Estate Covenants may be enforced, jointly or severally, by the Carmel Plan Commission and the City of Carmel . Executed this 9th day of December, 1987. TRAMMELL CROW COMPANY /, BY: 4 __ 4A v��. uel Gil spie/ Rattner- .-- IL STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing by Samuel Gillespie a partner of Trammell Crow Company. Witnesseth this 9th d;,y of December, 1987. \\ 1---",-- - , ),,-; Q . (1 Z.-.AN , Kimb ly `C. E , Notary Pu • My Commission Expires: March 2 , 1989 Residing in Marion County Prepared by: James J. Nelson NELSON & FRANKENBERGER 3021 East 98th Street, #220 Indianapolis, IN 46280 Draft 12/09/87 4 COMMITMENTS CONCERNING THE DEVELOPMENT AND USE OF REAL ESTATE In accordance with Indiana Code Section 36-7-4-613, the undersigned, Trammell Crow Co. (hereafter "Developer" ) , the contract purchaser of the following described Real Estate located in Hamilton County, Indiana (hereafter the "Real Estate" ) , makes the following COMMITMENTS concerning improvements to be made in conjunction with the use and development of the Real Estate to the Carmel Plan Commission (hereafter "Commission" ) . 1 . Description of Real Estate. See Exhibits A, B, C & D (Real Estate) 2. Docket No. 86-87-Z 3. Statement of Commitments. a. Owner commits that the Real Estate shall be developed pursuant to the Conceptual Site Development Plan attached as Exhibit E subject to such amendments and modifications thereto as are recommended by the Carmel Plan Commission and the Carmel City Council and accepted by the Owner . b. Owner commits that the real estate described on Exhibit C shall be maintained in perpetuity as landscape buffer except that streets and roads, acceleration and deceleration lanes, signage, retention ponds, drainage facilities and utility lines may be located on the real estate. Owner commits that the Landscape Plan attached hereto as Exhibit F and such modifications thereto as are approved by the Carmel Plan Commission, shall be installed by the Owner on the real estate described on Exhibit C prior to the issuance of the Certificate of Occupancy by the City of Carmel, Indiana for the first building to be constructed on the Real Estate. c. Owner commits that the real estate described on Exhibit D shall be maintained in perpetuity as a park area except that streets and roads, acceleration and deceleration lanes, signage, retention ponds, drainage facilities and utility lines may be located on the real estate. Owner commits that the Landscape Plan attached hereto as Exhibit F and such modifications thereto as are approved by the Carmel Plan Commission, shall be installed by the Owner on the real estate described on Exhibit D prior to the issuance of a Certificate of Occupancy by the City of Carmel , Indiana for the first building to be constructed on the Real_ Estate. 4. Binding on Successors & 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: 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 to the B-6 Business District; the real estate described on Exhibit B from the S-2 Residence District to the B-5 Business District; the real estate described on Exhibit C from the S-2 Residence District to the B-7 Business District and- the real estate described on Exhibit D from the R-1 Residence District to the B-7 Business District. 6 . Recording : The undersigned hereby authorizes the Director of Community Development or the Secretary of the Carmel Plan Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana upon the granting of the approvals referred to in paragraph 5 above. 7 . Enforcement: These commitments may be enforced by the Carmel Plan Commission. Executed this 9th day of December , 1987. TRAMMELL CROW CO. / BY: g-1 S STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing by Samuel Gillespie, as agent for Trammell Crow Co . Witnesseth this 9th day of December, 1987. Ki b ly Early, Notary Pub ' c My Commission Expires: March 2, 1989 Residing in Marion County REAL ESTATE COVENANTS TO: Carmel Plan Commission, City of Carmel , Indiana RE: Docket No . 86-87-Z (Rezone Application of Trammell Crow Company on behalf of its affiliates Legal Description: See Exhibits A, B , C and D attached hereto and made a part hereof . The undersigned (hereafter "Owner" ) , as part of his Application for Rezone of the real esadescrbhereto�xhlbit A, ExhExhibit C and Exhibit D respectively, (hereaf B, does hereby unilaterally and (hereafter the "Real Estate" ) voluntarily covenant with the Carmel Plan Commission and the City of Carmel, Indiana as follows: COVENANTS ATTENDANT TO PETITION FOR REZONE 1 . A licabilit of Certain U.S. 31 (Meridian Corridor) Overlay Zone Requirements: A. The Owner covenants that notwithstanding the permitted uses and special uses provitoe dedfor inthe underlying zoning districts appl al Estate, the uses defined as "Excluded Uses" under Section 23 . 01-7 of the Zoning Ordinance of the City of Carmel , Indiana (January, 1980) , except radio/tv transmission towers, shall be prohibited on the Real Estate in the same manner as if the Real Estate were actually located within the U.S. 31 Highway Overlay Zone. B. The Owner covenants that development of the Real Estate shall be subject to Carmel Plan Commission review and approval of the site development plan, architectural design, landscaping, lighting and signage as provided in Section 23 .01 of The Zoning Ordinance of the City of Carmel , Indiana, January, 1980 (United States Highway 31 Overlay Zone) . C. The Owner covenants that the roadway improvements depicted on Exhibit E in bold dark black, attached hereto and made a part hereof , and a traffic signal light at 103rd Street and U.S. 31 , shall, subject to the approval of the appropriate governmental agencies or bodies, be installed by Owner prior to the issuance of a Certificate of Occupancy for the first building to be constructed on the Real Estate. D. The Owner covenants that it will not cause the following streets to be extended into the Real Estate: 1 . Delaware Street 2 . Washington Boulevard 3 . New Jersey Street 4 . Central Avenue 5 . Ruckle Road 6 . Park Avenue 7 . Broadway 8. 102nd Street E. The Owner covenants that it will construct or cause to be constructed sidewalks on the south side of East 103rd Street from Pennsylvania Street on the West to College Avenue on the East subject to the prior approval of the appropriate governmental agencies or bodies and the availability of adequate public right of way, prior to the issuance of a Certificate of Occupancy for the first building to be constructed on the Real Estate. 2 . Consent to Annexation: The Owner covenants to consent to annexation of the Real Estate by the City of Carmel upon request, concurrent with its development. 3 . Effect ive Date: The covenants containedeh reinlshall be effective upon the adoption of an ordinance y the zoning classification of the real estate Council changing Residence District to the B-6 described on Exhibit A from the S-2 the real Business District; the real estate described ssnDistr Exhibit from the S-2 Residence District to from the S-2 Residence District to estate described on Exhibit C the B-7 Business District and the realiestt ateotdescribed onEx iness Exhibit D from the R-1 Residence D District. Successors & Assi•ns: The covenants 4 . Bindin• on Heirs, on the Owner of the Real Estate , contained herein are binding person each subsequent owner of the Real Estate the Real Estate.and each other acquiring an interest in 5 . .1_taEolLals.1 The undersigned hereby authorizes the Directors of Community Development or the Secretary of the Carmel Plan Commission to record these Real Estate lndianantsupinathption e Office of the Recorder of Hamilton County, 3 ndoae. n of the ordinance referred to in paragraph e 6 . Enforcement: These Real EthetCarmelnPlan Commmay bission and enforced , jointly or severally, by the City of Carmel . Executed this 7th day of October, 1987 . TRAMMELL CROW COMPANY - BY S muee iP tner STATE OF INDIANA ) SS : COUNTY OF HAMILTON ) The undersigned , a Notary Public in and for said County and State, acknowledged the execution of the foregoing by Samuel Gillespie a partner of Trammell Crow Company. Witnesseth this 7th day o 0 tobe19 7. Wit. \ . ary� C� Kimb rly E � NotPu \\'\ My Commission Expires: March 2, 1989 Residing in Marion County Prepared by: James J. Nelson NELSON & FRANKENBERGER 3021 East 98th Street, #220 Indianapolis, IN 46280 Draft 10/07/87 Part of the Southeast Quarter of Section 11 , Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said Quarter Section , thence along the East Line of said Quarter Section South 00 degrees 28 minutes 55 seconds West 483.70 feet to the Northeast corner of "College Park" , the plat of which was recorded in Deed Record 113, pages 2 — 3, in the Office of the Recorder of Hamilton County, Indiana; thence along the North line of said addition South BB degrees 52 minutes 50 seconds West 43.00 feet to the Northeast Corner of Block "H" is said Addition , said corner being on the West Right of Way of College Avenue; thence South 00 degrees 20 minutes 55 seconds West 405. 03 feet along said Right of Way Line to the Point of beginning; thence continuing South 00 degrees 20 minutes 55 seconds West 440. 35 feet along said Right of Way Line to the Northeast Corner of Lot 3 of Block "C" in said addition, said corner being on the Northerly Right of Way Line of Interstate 465 (the next eleven courses are along said North Right of Way Line) ; 1 ) thence South 88 degrees 50 minutes 00 seconds West 141 . 50 feet to the Northwest Corner of said Lot 3; 2) thence North 86 degrees 48 minutes 37 seconds West 170. 35 feet; 3) thence South 09 degrees 01 minutes 35 seconds West 483. 37 feet; 4) thence South 53 degrees 18 minutes 57 seconds West 301. 50 feet; 5) thence South 89 degrees 01 minutes 35 seconds West 832. 60 feet; 6) thence North 134 degrees 32 minutes 40 seconds West 70. 44 feet; 7) thence North 00 degrees 28 minutes 55 seconds West 6. 87 feet; E3) thence South 86 degrees 50 0 minutes 00 seconds West 59.22 feet; 9) thence North 04 degrees 32 minutes 40 seconds West 271 .30 feet; 10) thence North 03 degrees 55 minutes 43 seconds West 310. 48 feet; 11 ) thence North 76 degrees 52 minutes 11 seconds West 4.59 feet to the intersection of said Northerly Right of Way Line with the West line of said Quarter 4 Section; thence North 00 degrees 19 minutes 52 seconds West along said West Line 772. 05 feet to the Northwest Corner of said "College Park" , said Corner being South 00 degrees 19 minutes 52 seconds East 484. 50 feet from the Northwest Corner of said Quarter Section; thence North B8 degrees 52 minutes 50 seconds East 1104. 47 feet along the North line of said Addition; thence South 01 degrees 07 minutes 10 seconds East 130.00 feet; thence South 79 degrees 16 minutes 56 seconds East 121.67 feet; thence North B8 degrees 52 minutes 50 seconds East 237. 22 feet; thence South 01 degrees 07 minutes 10 seconds East 250.00 feet; thence North B3 degrees 52 minutes 50 seconds East 1100.00 feet to the Point of Beginning , containing 39. 477 acres, more or less. EXHIBIT A Part of the Southeast Quarter of Section 11 , Township 17 North , Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said Quarter Section , thence along the East Line of 570dfeetrtorthccNcrtheastSouth cor0nergofe 28 minutes 55 seconds West 483 "College Park" , the plat of which was recorded in Deed Record 113, pages 2 - 3, in the Office of the Recorder of Hamilton County , Indiana; thence along the rtWestne 43p00f sfeet atlol the�lNor NorthSouth east degrees 52 minutes 50 secondstonh thesWest Corner of Block "H" is said Addition, said corner being 28 minutes Right of Way of College Avenue; thence South 00 degree 55 seconds West 370. 02 feet along said Right of Way Line to the Point of Beginning; thence South 88 degrees 52 minutes 50 seconds West 70.00 feet; thence North 46 degrees 27 minutes 53 seconds West 305.91 feet; thence South 88 degrees 52 minutes 50 seconds West 612. 78 feet; thence South 01 degrees 07 minutes 10 seconds East 250.00 feet; thence North 00 degrees 52 minutes 50 seconds East 1100. 00 feet to a point on the West Right of Way Line of College Avenue which lies South 00 degrees 28 minutes 55 seconds East 35.00 feet from the point �stb351001ng;feetthence theNorth PointOofdegrees De9inning , minutes 55 seconds W containing 5. 433 acres, more or less. EXHIBIT B ■ Indiana, more particularly Part of the Southeast Quarter of Section 11 , Township 17 North, Range 3 East in Hamilton County, described as follows: Commencing at the Northeast co neteof r Seckd Qun rteh Sec ion, thence along the East Line of said Q egrees minutes 55 seconds West 483.70 feet Northeastr�cardedo the nDeed corner of 1 13, 28 mi plat of which was "College Park" , the p ages 2 - 3, in the Office Qrf-thhe linecofd�aldfadditionHamilton 5o�th B8 p thence along the N Indiana; Northeast degrees 52 minutes 50 seconds West 43• OOidecornerthe beingr on West Corner of Block "H" is said Addition, theeth BB Right of Way of College Avenue and the Point of Beginning;the North degrees 52 minutes 50 seconds West South10b1 .01 degreest071minutes 10 fineco of said Addition; thence South 79 degrees 16 minutes 56 seconds East 130.00121. 07 feet; thence North 80 degrees 52 minutes 50 seconds East 050. feet; ''? minutes 07 seconds East 1050.00 feet; thence South 46 degrees �- minutes 50 thenceLine of seconds East 30. 01 feet; on North 80 degrees 52 seconds East 70. 00 feet to a pointthe West Right of Way tees 20 minutes 55 seconds East 370.02 feet from the point of beginning;Avenue which lies South 00 Beginning; thence North 00 degrees 28 minutes 55 seconds West 370. 02 feet to the Point of beginning, containing 6.050 acres, more or less. EXHIBIT C Part of the Southeast Quarter and part of the North of the Township 17 North, Range 3 East in HaQuarterIndiana,f lmoreon 1particularly described as follows: Hammilltotonn County ,, Commencing at the Northwest Corner of said Southeast Quarter; thence South 00 degrees 19 minutes 52 second' East „484.50Addition ,feet ono the Southwest Corner of "Harry Bowser 's Northridge Addition to Hamilton County, Indiana, the plat of which was recorded in Deed Record 121 , page 400 in the Office of the Recorder said corner also being the Northwest of Hamilton County, Indiana, Corner of "College Park" an Addition to Hamilton Counntyy, Indiana,in the the plat of which was recorded in Deed Record 113, patience 2-3long Office of the Recorder of Hamilton County, Indiana; the South Line of "Harry Bowser N43t 001 f feet tad thenn SouthwestNorth 8 degrees 52 minutes 50 seconds East rry Dowser 's Northridge" Addition; Corner c Lot 5ng16 alongosaisaidd aSouth Line North 88 degrees 52 minutes thence continuing to the 50 seconds East 1142. 75 feet (plat) , 1141 . 47 feet measured , Southeast Corner of Lot 321 in said Addition; thence North 00 degrees 28 minutes 55 seconds West 328.7 feet to a point on the East Line of Lot 317 of said Addition , said point bears South 00 degrees 28 minutes 55 seconds ast lwith thefeet North Linefrom the Nofsaid Lottheast Corner of said Lot; thenceparallel said point lies 317 South 89 degrees 52 miLote3290inesaidSWest AdditionO.00 feet to a point on the East line oft South 00 degrees 23 minutes 55 seconds 00 degrees 2E3feet from the Northeast Corner of said Lot 329; ' minutes 55 seconds West 110.00 feet degreeor he2 st Co5nev of=roods 3331 in said Addition; thence South to a point on West 815.85 feet (plat) , 813.41 feet measured, ed, the of nt lies es South 00 North Line of Lot 509 in said Addition , P degrees 19 minutes 52 seconds East 90.01 feet from the Southeast Corner of Lot 508 in said Addition; thence North 00 degreeof s 9 minutes 52 seconds West 90.01 feet to thecsSout9 heast Cor 52er seconsaid Lot 508; thence continuing North 00 deg ' West 600.00 feet to the Northeast Corner Line of of Lotd 497 t inhs©iddegreeJ Addition; thence along the t Corner of 52 minutes 50 seconds West 135.75 feet to the Northwes of said Lot which corner lies on the East Right of Way Linefmouth Pennsylvania Street; thence along said East Right of Way 00 degrees 19 minutes 52 seconds eEast ore 120.7or1feet eeto the Point of Beginning , containing 13. 173 acres, EXHIBIT D