HomeMy WebLinkAboutRecorded Commitments2019007674 MISC $25.00
03/05/2019 09:09:36AM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN CDH
Recorded as Presented
IIII IIII I I 11111111111111111111111111111111111111111111111 III IIII
Cross-reference to insnvments No. 2018060025 and 2018060026
COMMITMENTS CONCERNING THE USE
OR DEVELOPMENT OF REAL ESTATE
(Ordinance Z-638-18)
The owner of the real estate described on Exhibit A attached hereto and located in the City of Carmel,
Indiana, makes the following COMMITMENTS concerning the use or development of the of real estate. All
Commihnents with the exception of Commitment I apply to the approximately eighteen (18) acres of real
estate described on the attached Exhibit A (the "Carrs"). Commitment l applies only to the approximately
six (6) acres of real estate described on the attached Exhibit B (the "Rezoning Subliect Parcel").
Statement of Commitments
Commitment 1
For so long as the 31 lots constituting the Meridian Suburban neighborhood are zoned to the S-2 zoning
classification under the City of Carmel Unified Development Ordinance ("UDO"), any principal and
accessory buildings on the Rezoning Subject Parcel shall not exceed two (2) stories in height,
Commitment 2
Applicant shall conduct a woodland inventory and work with the Urban Forester to create a landscaping and
tree preservation plan targeting existing healthy and non-invasive trees ("Preserved Trees") located in the
buffe►yard located adjacent to the Meridian Suburban neighborhood ("Preserved Tree Area"). The plan shall
be developed in a manner that minimizes light pollution by creating a light barrier through the use of
screening plant material that satisfies the Bufferyard "D" requiremcuts of the UDO. Such screening plant
material shall be maintained, repaired and replaced by the owner such that the intended screening in the
bufferyard adjoining the Meridian Suburban neighborhood is maintained for so long as the 31 lots
constituting the Meridian Suburban neighborhood are zoned to the S-2 zoning classification under the
UDO. Preserved Trees removed from the Preserved Tree Area shall be replaced by planting material meeting
Bufferyard D requirements as set forth in the UDO.
Commitment 3
The 18 acres will be taxable for property tax purposes in perpetuity and no owner, user or occupant of the
property will ever take any action to cause the property to be exempt, in whole or in part, from property
taxes, As evidence of such tax status of the property, Applicant further agrees to execute and record, within
ninety (90) days of the re -zoning approval, a Payment in Lieu of Taxes (PILOT) Agreement with the City
for the 18 acres that is agreeable to the City, but the property tax payments render such PILOT Agreement
shall not exceed the Applicant's assessed property tax liability. If the Applicant acquires the Meridian
Suburban neighborhood, then that properly shall also be taxable for property tax Purposes in perpetuity, If
the Applicant acquires the Meridian Suburban neighborhood, as evidence of such tax status of the property,
the Applicant further agrees to execute and record a PILOT Agreement with the City for that property, but
the property tax payments under such PILOT Agreement shall not exceed the Applicant's assessed property
Lax liability.
Commitment 4
Any freestanding light fixtures shall feature full cut off shields and LED lights, to minimize light spill beyond
the property lines of the 18 acre parcel. The illumination from said lights shall not exceed 0.1 footcandles at
the property lines. No freestanding light fixtures shall exceed fifteen (15) feet in height if located within ninety
(90) feet of the property lines adjacent to the Meridian Suburban neighborhood. Any security lighting erected
on the facades of the buildings on the Campus shall be mitigated by the use of shielding or similar techniques
in order to minimize impact on the Meridian Suburban neighborhood, This commitment shall apply only for
so long as the 31 lots constituting the Meridian Suburban neighborhood are zoned to the S-2 zoning
classification under the UDO,
Commitment 5
Any building constructed on the Campus shall feature four sided architecture. A minimum of three materials
shall be used for building exteriors from the following list; stone, brick, architectural pre -cast (panels or
detailing), architectural metal panels, glass, and ornamental metal, Stucco and EIFS may also be applied as
trim details, but shall not exceed 10% of the overall non -window fayade area.
Commitment 6
No loading or unloading berth shall be oriented to any adjacent residential uses unless screened from view at
grade level by the masonry wall and plantings/preserved trees
Commitment 7
No outside, unenclosed storage of trash shall be permitted, whether in containers or not. All trash shall be
located completely within the building if there is underground parking/storage stricture or in an accessory
Stucture architecturally compatible with the office building, Tile building owner shall contract with a trash
hauler to restrict trash pickup between the hours of 7 a.m. and 7 p.m. Monday through Friday, and 10 a.m. to
5 p,m. Saturday and Sunday. Additionally, all non -emergency maintenance of the exterior of the Campus that
creates noise at levels which exceed 90 decibels at the property line, such as lawn mowing and leaf blowing
shall also occur between the hours of 7 a.m. and 7 pall, Monday through Friday, and W a.m, to 5 p.m. Saturday
and Sunday, For purposes of this restriction, snow/ice plowing or treatment shall not be included as a restricted
activity.
Commitment 8
Bicycle parking shall be provided as per the UDO, Bicycle parking shall be located in any covered parking
garage; however, if no garage is provided, bicycle parking shall be suitably covered so as to meet the long
term parking goals of the UDO.
Commitment 9
For so long as the 31 lots constitUting the Meridian SutI�urban neighborhood are zoned to the 8-2 zoning
elassitication under the UDO, uses of the Campus shall i�ot, except to the extent required by applicable law
or regulations, include the following:
I
I . ambulance garages, bays or stalls
2, hospital emergency rooms
3, medical emergency aircraft (e.g., helicopter) landing pads or other landing areas
These COMMITMENTS shall be binding on'the owner, subsequent owners, andother persons acquiring
an interest in the Campus, These COMMITMENTS may be modified or terminated by a decision of the
Carmel Plan Commission made at a public hearing after property notice has been given.
COMMITMENTS contained in this instrument shall be effective upon the grant of Rezoning Petition
#18030016 Z by the Carmel Plan Commission.
These COMMITMENTS may be enforced jointly and severally by the Carmel Plan Commission or the
City of Carmel, Indiana.
ARTICLE 1. The undersigned hereby authorizes the Carmel Plan Commission to record this Commitment
in the Office of the Recorder of Hamilton County, Indiana, upon final approval of petition 18030016 Z.
MERIDIAN DEVELOPMENT SERVICES, LLC, an
Indiana limited liability company
By: Thomas A, Brady Sports Medicine Center, P,C,
d /b/a MethoX7--
WWI.
Manager
B Ritter, M.D., President
STATE OF INDIANA )
}
COUNTY OF I t '' } SS;
Before me, a Notary Public in and for said County and State, personally appeared MarleRitter, M.D.,
as President of Thomas A, Brady Sportss Medicine Center, P.0 , d/b/a Methodist Sports Medicine, the
Manager of Meridian Development Services, LLC, the owner of the Campus, who acknowledged the
execution of the foregoing Statement of Commitments, and who, having been duty sworn, stated that any
representations therein contained are true.
Witness my hand and Notarial Seal this .tin
My Commission Expires:
IWID /1"
AR
8 l=AL �
pulluc
day of A -11 -co 20 P)
Resident of - z(42J County
This instrument was prepared by Robert A, Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH & LYMAN, P,C,, 500 North Meridian Street, Suite 400, Indianapolis, Indiana 46204,
I afErm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law. Robert A. Hicks
After recording, return to Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN, HEATH &
LYMAN, P,C,, 500 North Meridian Street, Suite 400, Indianapolis, Indiana 46204,
r,<
Notary ' r
/"( VF't`t-tV
Printed
Resident of - z(42J County
This instrument was prepared by Robert A, Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH & LYMAN, P,C,, 500 North Meridian Street, Suite 400, Indianapolis, Indiana 46204,
I afErm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law. Robert A. Hicks
After recording, return to Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN, HEATH &
LYMAN, P,C,, 500 North Meridian Street, Suite 400, Indianapolis, Indiana 46204,
Exhibit A
The Campus
PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE
3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE
NORTH 89 DEGREES 31 MINUTES 17 SECONDS EAST ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER, 968,10 FEET; THENCE NORTH 00 DEGREES 18 MINUTES
45 SECONDS EAST, 736.17 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 17
SECONDS WEST, 153,54 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00
DEGREES 21 MINUTES 33 SECONDS EAST ALONG THE EAST LINE OF INSTRUMENT
NUMBER 2016014328 AS RECORDED IN THE OFFICE OF THE RECORDER OF
HAMILTON COUNTY, 825.09 FEET; THENCE SOUTH 87 DEGREES 08 MINUTES 13
SECONDS EAST ALONG SAID EAST LINE, 26.19 FEET; THENCE NORTH 04 DEGREES
33 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 32,37 FEET; THENCE 153,37
FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 650.91
FEET, AND CHORD BEARING NORTH 02 DEGREES 11 MINUTES 47 SECONDS WEST,
153.01 FEET; THENCE NORTH 08 DEGREES 56 MINUTES 47 SECONDS WEST ALONG
SAID EAST LINE, 27.93 FEET; THENCE 83.01 FEET ALONG A CURVE TO THE RIGHT,
SAID CURVE HAVING A RADIUS OF 1041.48 FEET, AND CHORD BEARING NORTH 04
DEGREES 30 MINUTES 12 SECONDS WEST, 165,49 FEET; THENCE NORTH 00 DEGREES
03 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 587,11 FEET; THENCE
SOUTH 73 DEGREES 51 MINUTES 32 -SECONDS EAST, 52,04 FEET; THENCE NORTH 89
DEGREES 18 MINUTES 43 SECONDS EAST, 125,00 FEET; THENCE SOUTH 58 DEGREES
17 MINUTES 46 SECONDS EAST, 93.86 FEET TO THE NORTHWESTERLY LINE LOT 36
AS RECORDED IN THE SUBDIVISION PLAT OF MERIDIAN SUBURBAN IN PLAT BOOK
2, PAGE 174; THENCE SOUTH 51 DEGREES 42 MINUTES 41 SECONDS WEST ALONG
SAID NORTHWESTERLY LINE, 70,00 FEET TO THE WEST LINE OF SAID LOT 36;
THENCE SOUTH 00 DEGREES 03 MINUTES 13 SECONDS WEST ALONG THE WEST
LINE OF LOTS 36 AND 37,200.00 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT
37; THENCE SOUTH 32 DEGREES 31 MINUTES 40 SECONDS EAST ALONG SAID
SOUTHWESTERLY LINE, 102,38 FEET TO THE SOUTHERLY LINE OF LOT 38; THENCE
SOUTH 70 DEGREES 36 MINUTES 57 SECONDS EAST ALONG SAID SOUTHERLY LINE,
204,89 FEET TO THE NORTHWESTERLY CORNER OF LOT 41; THENCE SOUTH 00
DEGREES 12 MINUTES 04 SECONDS WEST ALONG THE WEST LINE OF LOT 41 AND
LOT 42, 160.00 FEET TO THE NORTHWEST CORNER OF LOT 43; THENCE SOUTH 25
DEGREES 07 MINUTES 04 SECONDS WEST ALONG THE NORTHWESTERLY LINE OF
LOT 43, 67.62 FEET TO THE NORTH CORNER OF LOT 45; THENCE SOUTH 69 DEGREES
10 MINUTES 04 SECONDS WEST ALONG THE NORTHERLY LINE OF LOT 45 AND LOT
46, 219,97 FEET TO THE NORTHWEST CORNER OF LOT 46; THENCE SOUTH 03
DEGREES 51 MINUTES 56 SECONDS EAST ALONG THE, WEST LINE OF LOT 46 AND
LOT 16, 216,28 FEET TO THE SOUTHWESTERLY LINE OF LOT 16; THENCE SOUTH 56
DEGREES 18 MINUTES 13 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF
LOT 16 AND LOT 15,250.00 FEET TO THE SOUTHWEST CORNER OF LOT W; THENCE
SOUTH 89 DEGREES 48 MINUTES 13 SECONDS EAST ALONG THE SOUTH LINE OF
LOT 14, 185,00 FEET; THENCE NORTH 00 DEGREES I I MINUTES 47 SECONDS EAST,
3100 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 47 SECONDS FAST, 166.00 FEET
TO THE WEST RIGHT OF WAY LINE OF US 31; THENCE SOUTH 30 DEGREES 57
MINUTES 34 SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE, 186.27 FEET
TO; THENCE SOUTH 00 DEGREES 09 MINUTES 01 SECONDS WEST ALONG SAID WEST
RIGHT OF WAY LINE, 540,00 FEET; THENCE SOUTH 26 DEGREES 42 MINUTES 55
SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE, 2,76 FEET TO THE NORTH
LINE OF DEED BOOK 331, PAGE 100; THENCE SOUTH 89 DEGREES 31 MINUTES 16
SECONDS WEST ALONG SAID NORTH LINE, 699,64 FEET TO THE POINT OF
BEGINNING, CONTAINING 18.28 ACRES, MORE OR LESS,
Exhibit B
The Rezoning Subject Parcel
PART OF THE SOUTHWEST QUARTER OF SECTION 2, `TOWNSHIP 17 NORTH, RANGE
3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTH 89 DEGREES 31 MINUTES 17 SECONDS EAST ALONG THE
SOUTH LINE OF SAID SOUTHWEST QUARTER, 968,10 FEET; THENCE NORTH 00
DEGREES 18 MINUTES 45 SECONDS EAST, 736,17 FEET; THENCE NORTH 89 DEGREES
31 MINUTES 17 SECONDS WEST, 153.54 FEET; THENCE NORTH 00 DEGREES 21
MINUTES 33 SECONDS EAST ALONG THE EAST LINE OF INSTRUMENT NUMBER
2016014328 AS RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON
COUNTY, 825.09 FEET; THENCE SOUTH 87 DEGREES 08 MINUTES 13 SECONDS EAST
ALONG SAID EAST LINE, 26.19 FEET TO THE POINT OF BEGINNING; THENCE NORTH
04 DEGREES 33 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 32.37 FEET;
THENCE 153,37 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 650,91 FEET, AND CHORD BEARING NORTH 02 DEGREES I I MINUTES 47
SECONDS WEST, 153,01 FEET; THENCE NORTH 08 DEGREES 56 MINUTES 47 SECONDS
WEST ALONG SAID EAST LINE, 27,93 FEET, THENCE 83.01 FEET ALONG A CURVE TO
THE RIGHT, SAID CURVE HAVING A RADIUS OF 1041.48 FEET, AND CHORD BEARING
NORTH 04 DEGREES 30 MINUTES 12 SECONDS WEST, 165.49 FEET; THENCE NORTH
00 DEGREES 03 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 587,11 FEET;
THENCE SOUTH 73 DEGREES 51 MINUTES 32 SECONDS EAST, 52.04 FEET; THENCE
NORTH 89 DEGREES 18 MINUTES 43 SECONDS EAST, 125.00 FEET; THENCE SOUTH 58
DEGREES 17 MINUTES 46 SECONDS EAST, 93.86 FEET TO THE NORTHWESTERLY
LINE LOT 36 AS RECORDED IN THE SUBDIVISION PLAT OF MERIDIAN SUBURBAN
IN PLAT BOOK 2, PAGE 174; THENCE SOUTH 51 DEGREES 42 MINUTES 41 SECONDS
WEST ALONG SAID NORTHWESTERLY LINE, 70.00 FEET TO THE WEST LINE OF SAID
LOT 36; THENCE SOUTH 00 DEGREES 03 MINUTES 13 SECONDS WEST ALONG THE
WEST LINE, OF LOTS 36 AND 37,200,00 FEET TO THE SOUTHWESTERLY LINE OF SAID
LOT 37; THENCE SOUTH 32 DEGREES 31 MINUTES 40 SECONDS EAST ALONG SAID
SOUTHWESTERLY LINE, 102.38 FEET TO T14E SOUTHERLY LINE OF LOT 38; THENCE
SOUTH 70 DEGREES 36 MINUTES 57 SECONDS EAST ALONG SAID SOUTHERLY LINE,
204.89 FEET TO THE NORTHWESTERLY CORNER OF LOT 41; THENCE SOUTH 00
DEGREES 12 MINUTES 04 SECONDS WEST ALONG THE WEST LINE OF LOT 41 AND
LOT 42,160.00 FEET TO THE NORTHWEST CORNER OF LOT 43; THENCE SOUTH 25
DEGREES 07 MINUTES 04 SECONDS WEST ALONG THE NORTHWESTERLY LINE OF
LOT 43, 67,62 FEET TO THE NORTH CORNER OF LOT 45; THENCE SOUTH 69 DEGREES
10 MINUTES 04 SECONDS WEST ALONG THE NORTHERLY LINE OF LOT 45 AND LOT
46, 219.97 FEET TO THE NORTHWEST CORNER OF LOT 46; THENCE SOUTH 03
DEGREES 51 MINUTES 56 SECONDS' EAST ALONG THE WEST LINE OF LOT 46 AND
LOT 16, 216.28 FEET TO THE SOUTHWESTERLY LINE OF LOT 16; THENCE NORTH 87
DEGREES 08 MINUTES 13 SECONDS WEST, 207.93 FEET TO THE POINT OF
BEGINNING, CONTAINING 6,16 ACRES, MORE OR LESS,