HomeMy WebLinkAboutCommitments 06-24-19_DRAFT Cross Reference: Instrument No.2005-8076
JUN 2 4 201f
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Wood Auto Park, LLC, an Indiana limited liability company, ("Wood"), is the owner of a
certain parcel of real estate under warranty deed recorded as Instrument No. 2005-8076 and
which is identified as Tax Parcel Identification Number 16-14-08-00-05-003.000 ("Real Estate").
The following commitment pertains to a portion of the Real Estate that is legally described in
Exhibit "A", attached hereto and incorporated herein by reference, and depicted on Exhibit "B",
attached hereto and incorporated herein (collectively, the"Wood Triangular Parcel"). The Wood
Triangular Parcel is a part of a zoning application seeking to amend the current restriction
governing the use of the Wood Triangular Parcel which is before the Board of Zoning Appeals
for the City of Carmel, Indiana, which commitment amendment application is identified as
Docket Number 19050005 CA(the"Zoning Application").
In order to clarify that the amendment contained in the Zoning Application, which amends
the "Current Zoning Commitment" (defined below), only applies to the parties that are
signatories to the commitment and not to the City of Carmel, Indiana including all of its
respective agencies and boards, the Board of Zoning Appeals or the Plan Commission
respectively for the City of Carmel, Wood, and its successors, assigns, grantees and successors in
title to the Wood Triangular Parcel, hereby make the following commitment ("Commitment")
concerning the use and development of the Wood Triangular Parcel to the Board of Zoning
Appeals for the City of Carmel, Indiana (the "BZA"). The "Current Zoning Commitment" is
that instrument dated June 22, 2000 and recorded on September 28, 2000 as Instrument Number
200000048615, and amended on August 30, 2005, and recorded on November 21, 2006 as
Instrument Number 200900069811 all in the Office of the Recorder of Hamilton County,
Indiana.
Section 1. Commitment. Wood, and its successors, assigns, grantees and successors in title
to the Real Estate, make the following commitment concerning the Wood Triangular Parcel:
Limitation Upon Use and Development of the Wood Triangular Parcel: The Wood
Triangular Parcel shall only be used as green-way and for no other purpose until said
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restriction is modified or terminated by approval of the BZA after a public hearing wherein
public notice is provided according to the BZA's Rules of Procedure.
Section 2. Effective Date. The Commitment contained herein shall be effective upon the
BZA approving the Zoning Application.
Section 3. Assignment, Binding on Successors and Modification of Commitment. This
Commitment may be assigned by Wood and this Commitment shall binding upon each
successor, assignee and grantee acquiring an interest in the Wood Triangular Parcel during such
successor's, assign's and grantee's ownership. This Commitment shall remain binding unless
hereafter modified or terminated by the BZA after a public hearing wherein notice is provided by
the BZA's Rules of Procedure.
Section 4. Recording. The undersigned or counsel for the undersigned shall record this
Commitment in the Office of the Recorder of Hamilton County, Indiana and upon recording
shall provide to the Director of Community Services for the City of Carmel a recorded and file
stamped copy of the Commitment.
Section 5. Enforcement. This Commitment may be enforced by the BZA.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, Wood Auto Park, LLC, an Indiana limited liability company, has
caused this Commitment to be executed as of the date written below.
Wood Auto Park,LLC,
an Indiana limited liability company
By:
Printed Name:
Title:
Date:
STATE OF INDIANA )
) SS.:
COUNTY OF HAMILTON )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared (name) as (title) of
Wood Auto Park, LLC, an Indiana limited liability company, and acknowledged the execution of
the foregoing Commitment for and on behalf of said company this day of
, 2019.
Witness my hand and Notarial Seal this day of , 2019.
My Commission Expires:
Notary Public
Residing in County
Printed Name
Prepared By and Return to After Recording: Paul G. Reis, Krieg DeVault, LLP, 12800 N. Meridian
Street, Suite 300,Carmel, IN 46032(317)238-6293.
Pursuant to IC 36-2-11-15(b)C2), 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—Paul G. Reis.
KD_10274447_1.DOCX
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•
EXHIBIT A
WOOD AUTO PARK, LLC
TRIANGULAR PARCEL LEGAL DESCRIPTION
Part of the South Half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter of said Section 8; thence North 89
degrees 58 minutes 44 seconds West (assumed bearing) along the South line of said Southeast
Quarter Section 714.53 feet to the Southeast corner of Tract II as described in Instrument No. 98-
9276, recorded in the Office of the Recorder of Hamilton County, Indiana; thence continuing
along said South line North 89 degrees 58 minutes 44 seconds West 1318.37 feet; thence North
00 degrees 08 minutes 20 seconds East 1322.73 to a point on the North line of the South Half of
said Southeast Quarter; thence South 89 degrees 54 minutes 22 seconds East along said North
line 381.52 feet to the POINT OF BEGINNING; thence continuing along said North line South
89 degrees 54 minutes 22 seconds East 415.55 feet; thence South 43 degrees 57 minutes 59
seconds West 197.07 feet; thence South 45 degrees 06 minutes 46 seconds West 247.69 feet
thence North 89 degrees 51 minutes 40 seconds West 116.20 feet; thence North 06 degrees 49
minutes 55 seconds East 53.71 feet; thence North 13 degrees 13 minutes 03 seconds West 127.03
feet; thence North 14 degrees 09 minutes 30 seconds East 145.61 feet to the POINT OF
BEGINNING, containing 2.03 acres, more or less.
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EXHIBIT B
WOOD AUTO PARK, LLC
TRIANGULAR PARCEL SITE AERIAL
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Wood Auto Park LLC
Site Location NIap
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