Loading...
HomeMy WebLinkAboutRecorded Commitment Amendment 12-31-19Rev 11.07.19 .;, 2019066887 AMEN $25.00 12/31/2019 03:16:53PM 21 PGS Cross- Reference Instruments #200000048615 and #200600069811 Jennifer Hayden Hamilton County Recorder IN SECOND AMENDMENT TO Recorded Its Presentedll I I II II II THE DECLARATION OF COMMITMENTS FOR THE 96TH STRE ET AUTO PARK TGR This SECOND AMENDMEN TO THE DECLARATION OF COMMITMENTS FOR THE 96TH STREET AUTO PARK ("Second Amendment") to amend that certain DECLARATION OF COMMITMENTS FOR THE 96th STREET AUTO PARK is hereby entered into by and among the undersigned: ® O'Brien Holdings, LLC, an Indiana limited liability company ("O'Brien"); ® Wood Auto Park, LLC, an Indiana limited liability company ("Wood"); ® Wood Hyundai RE, LLC, an Indiana limited liability company ("Hyundai"); ® HERES2,an Indiana limited liability company, the successor in interest as to real property only to SHG, Holdings, LLC, an Indiana LLC ("SHG"); ® TAB Investments LLC, an Indiana limited liability company ("TAB"); ® WLS Real Estate Enterprises, LLC, an Indiana limited liability company ("WLS"); ® 3ML, LLC, an Indiana limited liability company ("3ML); ® Horizon CPA Property Group LLC, an Indiana limited liability company ("Horizon"); ® DYC Realty, LLC, an Indiana limited liability company ("DYC") ® Williamson Run Homeowners Association, Inc., an Indiana nonprofit corporation, ("HOA") and ® Irish Land, LLC, an Indiana limited liability company. ("ILL") WHEREAS THE FOLLOWING IS TRIE CONTAINED N 1. DYC, Tom O'Brien Chrysler -Plymouth, Inc. — Northside, an Indiana corporation and Tom Wood, Inc., an Indiana corporation entered into that certain DECLARATION OF COMMITMENTS FOR THE 96th STREET AUTO PARK agreement dated June 22, 2000 and recorded on September 28, 2000, as Instrument No. 200000048615 in Hamilton County, Indiana (the "Initial Declaration") which, among other things, places use and developmental restrictions on the 39.953 acre parcel legally described in Exhibit A (herein the "40 Acres"). 2. DYC, O'Brien, Wood, TAB, WLS and 3ML entered into that certain FIRST AMENDMENT TO THE DECLARATION OF COMMITMENTS FOR THE 96th STREET AUTO PARK agreement dated August 30, 2005 and recorded on November 21, 2006, as Instrument No. 200600069811 in Hamilton County, Indiana (the "1st Amendment"). Herein the Initial Declaration and 1st Amendment may be collectively referred to as the "Declaration". Rev 11.07.19 O'Brien, Wood, Hyundai, SHG, TAB, WLS, 3ML, Horizon, ILL and DYC (collectively "Owners") are all the current owners of the 40 Acres. Their ownership parcels are depicted in Exhibit B. 4. The Declaration mutually burdens and benefits the Owners of the 40 Acres by imposing use and developmental restrictive covenants on the land. Such covenants also run to the benefit of the HOA. S. DYC is the owner of the 3.7 acres, more or less, fronting on 961h Street depicted as two parcels in Exhibit C which includes the vacated Randall Drive right of way and is legally described in Exhibit D ("DYC Parcel'). DYC desires to have the benefits and burdens of the Declaration amended with respect to the DYC Parcel. Wood is the owner of the 2.03 acres, more or less, triangular shaped parcel legally described in Exhibit E ("Triangular Parcel"). Wood desires to have the benefits and burdens of the Declaration terminated with respect to the Triangular Parcel. • '1� J ' 1; , 7. AMENDMENT. The Declaration is hereby amended as follows: a. The "Western Parcel" as defined in Section B ("Future Construction on that portion of the Real Estate which is west of Carmel Creek and east of Randall Drive") of the Initial Declaration is hereby amended to exclude any portion of the DYC Parcel and accordingly, such use and development restriction imposed by Section B are hereby forever made void, null and without effect as it applies to the DYC Parcel. b. The use and developmental restrictions set forth as follows are hereby imposed, in substitution, upon the DYC Parcel: i. The DYC Parcel may be developed and used as an automobile dealership, along with all related and ancillary uses thereto, as permitted by the City of Carmel. ii. No dealership or other business on any portion of the DYC Parcel shall open to the public or otherwise conduct any business with the public before 7:00 a.m. or after 9:00 p.m.; provided, however, that nothing herein shall prohibit (i) drop box customers before 7:00 a.m., (ii) the occasional conclusion of business with a customer after 9:00 p.m. and (iii) parts deliveries after 9:00 p.m. iii. No speakers or other components of a public address system shall face north of the DYC Parcel. iv. The use of walkie talkies, beepers or other wireless technology shall strongly be encouraged upon the DYC . Parcel. Other than as necessary to construct, develop and operate an automobile dealership (including but not limited to loading and unloading automobiles which shall be permitted), cut grass and Rev 11.07.19 otherwise maintain the floodway and other green spaces, noise levels which, at the southern boundary of the Williamson Run property, are loud and sustained are prohibited. v. Any automobile dealership located on the DYCR Parcel shall maintain a firm policy of no test driving in or through Williamson Run, and shall train each sales person to abide by that policy. vi. No large flagpole or other temporary or permanent use of any blimps, balloons, banners, promotional items, or other similar objects shall be installed or used if (a) any such item is above the building height of such dealership and (b) such item can be seen from any portion of Williamson Run; provided, however, that this provision shall not prohibit a flag pole, not more than 50 feet in height, displaying the American flag and located within 250 feet north by perpendicular lines off of the center line of 96th Street. vii. All signage located on the DYCR Parcel shall be installed and maintained in accordance with the applicable sign ordinance and any variances therefrom. The Williamson Run Board shall be given prompt notice of any request for a sign variance for signs located on the DYCR Parcel. viii. The bed of Carmel Creek shall not be excavated or otherwise lowered from its natural and current elevation unless required by the City of Carmel in order for the DYCR Parcel to be developed as an automobile dealership and for all related compensatory property requirements imposed which are to be satisfied on the Western Parcel itself. ix. So long as the DYCR Parcel is operated as an automobile dealership a landscaped buffer, substantially as illustrated in Exhibit F, shall be maintained along the northern property line visually screening the DYCR Parcel from the Western Parcel. c. Section C of the Initial Declaration is hereby forever made void, null and without effect as it applies to the Triangular Parcel and all use and development restrictions imposed by such section of the Declaration on the Triangular Parcel are hereby terminated. This Second Amendment is without effect upon the remaining parcels in the 40 acres. 8. CONDITIONS PRECEDENT. As conditions precedent to the effectiveness of this Second Amendment, each party hereto shall provide the following contemporaneously with execution and delivery of this Second Amendment, each duly executed and dated: (i) Resolutions of each party authorizing the execution, delivery and performance, respectively, of this Second Amendment and (ii) Such other documents as may be deemed reasonably necessary to effectuate this Second Amendment. EFFECT OF AMENDMENT. The provisions contained herein shall serve to supplement and amend the provisions of the Declaration. To the extent that the terms of this Second Rev 11.07.19 Amendment conflict with the terms of the Declaration, the provisions of this Second Amendment shall control in all respects. 10. REAFFIRMATION. Except as expressly amended by this Second Amendment, all of the terms and conditions of the Declaration shall remain in full force and effect as originally written and as may have been previously amended. 11. COUNTERPARTS. This Second Amendment may be executed in any number of counterparts, each of which shall be an original and all of which when taken together shall be one and the same agreement. IN WITNESS WHEREOF, the Owners and the HOA by their respective duly authorized representatives have executed and delivered in Indiana this Second Amendment to the Declaration of Commitments for the 96th Street Auto Park effective as of the date of the last signature below which is 6th day of December, 2019. 4 Rev 11.07.19 O'Brien Holdings, LLQ an Indiana limited liability company Signed: 1voul�1G Printed: h1wo �'j Y� �, May". STATE OF INDIANA ) COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared l!`i�iYvL Zh f' Z�-' 0/l% the L f t ;= of O'Brien Holdings, LLC, who as such authorized represent tive acITV ledged the execution of tl�foregoinIg orabe if of such entity this �� day of �2019. PHYWS L, BOLTON �/ � Notary Public - SEAL Notary Pizbl County of Hamilton State of Indiana ,`,�yCzrnmLnslcn Expres March 27, 202? Printed Name My Commission Expires: �'�� ✓ J'�' County of Residence: Wood Auto Park, LI_,C, an Indiana limited liability company Signed: Printed: STATE OF INDIANA COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of Wood Auto Park, LL,C, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of 52019. My Commission Expires: County of Residence: 5 Notary Public Printed Name Rev 11.07.19 O'Brien Holdings, LLC, an Indiana limited liability company Signed: Printed: STATE OF INDIANA COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of O'Brien Holdings, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of 52019. Notary Public Printed Name My Commission Expires: County of Residence: Wood Auto Park, LTC, an Indiana limited liability company Signed:.-��_ Printed: d r STATE OF INDIANA COUNTY OF ' ,� ` Before me the undersigned, a Notary Public in and for said County and State, personally appeared the ,,, � � � of it —, Auto Parts, LLC, who as such authorized representative acknowledged the execution of the foregoing on b this day of , 2019. o% PETRA S SUTTON ^o?�Y pG®�dRNotary Wublio, State ofyndiana• z:SEA�;ri� Hamilton Count Commission 0 711743 Notary Public %,,�%ypiA�a��.� My Commission Exppires e-� rc, a mina March 22, vN Printed Name My Commission Expires: rc`j County of Residence: � i Rev 11.07.19 Wood Hyundai RE, LLC, an Indiana limited liability company Signed: r Printed: ',-D14,k 3 �� �_ 1, -,,Aj V, , t 2 J- STATE OF INDIANA COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared ty, . �` `,. ,the y�.�� s>.rti k t� f Wood Hyundai RE, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf o s c entity this day of E� 6 ffi �> ��` - ���aruu �. PEnTRA S SUTTON 2019. , Rv q`�P,• •.,mP-- Notary {'uhlio, State of Indiana = j _ ', n w Harnilton County Commission 0 711743 Notary PUb11C %,i ,r" My Commission Expiros '�011 Marrh 22, 2026 Printed Name My Commission Expires: < , `7 ; County of Residence: EL+ S 2, LLC, an Indiana limited liability company Signed: Printed: STATE OF INDIANA COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of HERES2, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of My Commission Expires: County of Residence: , 2019. Notary Public Printed Name Rev 11.07.19 Wood Hyundai RE, ITC, an Indiana limited liability company Signed: Printed: STATE OF INDIANA COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of Wood Hyundai , LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of 52019. Notary Public Printed Name My Commission Expires: County of Residence: HERES 2, ITC, an Indiana limited liability company Y Signed: , . Printed: .� 1...<< Before me the undersigned, a Notary Public in and for said County and State, personally appeared . ."-4�s _ , the - of HERFS2, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of r- , 2019. ;_oti Bl;•• SHEILAMARIE VAL6aINIS �Tmnv c Manon County My Commission Expues August 24, 2024 My Commission Expires: q County of Residence: C I, Nota Public � } Printed Name Rev 11.07.19 TAB Invesa is LLC, an InoAana limited liability company d `x ' Printed _)i r STATE 4 INDIANA ) i COUNTY OF/ �w d" Before me the undersigned Notary Public in. and for said County and State, personally appeared a o-, r... E $ x 9 the , a w of TAB Investments, LLC, who as such authorized represent tive acknowledged the exeWty oregoin 7h of such entity this /� day of per- ��� , 2019., c GARY ROBINSON Notary Public - Seal Hamilton County - State of Indiana Commission Number NP0717007 Printed Na e y Comrriissifm F.x ires Nov 14, 2026 County of Residence WLS Real Estate Enterprises, LLC, an Indiana limited liability company Signed: Printed: STATE OF INDIANA COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of WLS Deal Estate Enterprises, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of , 2019. Notary Public Printed Name My Commission Expires: County of Residence: Rev 11.07.19 TAB Investments LLC, an Indiana limited liability company COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of TAIB Investments, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of , 2019. Notary Public Printed Name My Commission Expires: County of Residence: WLS Real Estate Enterprises, LLC, an Indiana limited liability company Signed.' r r 1 Printed - ` s STATE OF INDIANA 1 COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared the "� < < e :' ?'' r� ofWLS Real Estate Enterprises, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of 0o0eYY)Y)e C 2019. ' ) 00 Notary R b ' c Printed Name My Commission Expires: County of Residence: ct.rn 1 i uy1 Rev 11.07.19 3 L9 LLC, an Indiana limited liability company Signed: Printed: ® -1 ­4 ® � STATE OF INDIANA ) COUNTY OF A14 A4'1--PC1W) Before me the undersigned, a Notary Public in and for said County and State, personally appeared A. *Pm -- e the of 3ML, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this -9 day of , 2019. Notary Printed Name My Commission Expires: l 1 4 Q County of Residence: Horizon CPA Property Group LLC, an Indian limited liability Signed: Printed: STATE OF INDIANA ) COUNTY OF ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of Horizon CPA Property Group LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of , 2019. My Commission Expires: County of Residence: �-j Notary Public Printed Name Rev 11.07.19 3ML, LLC, an Indiana limited liability company Signed: Printed: STATE OF INDIANA COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of 3ML, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of My Commission Expires: County of Residence: )2019. Notary Public Printed Name 1n,1; eLM Horizon CPA Proper y Group LLC, an limited liability Signed: Printed STATE OF INDIANA ) COUNTY OF -4 ,� (4 oft ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared 1 8 r o,r s , the P'6S i'4-eVX of Horizon CPA Property Group LLC, who A such authorized representative acknowledged the execution of the foregoing on behalf of such entity this I l day of ( ()Vj M be y 2! 19. 6dAe - - Notary Public Printed Name My Commission Expires: & e -Lo Ly- County of Residence: 0 A S r -41:1 i';I�rdb sh A u r 0T'W3 i OF 8�' F� -0. Rev 11,07.19 LItyg �, an Indana limited liability company x,, x Signed, J Prin aq t, r STATE OF INDIANA COUNTY OF 1 ; al / 14AAI Before me the undersigned Notary Public in and for said County and State, personally appeared w _ �µ_ the 9.ans vat : „ of DYC Realty, LLC, who as such authorized representative acknowledged the execution of tl e r going o h f of such entity this I 9. � 9 - �� Notary Public - Seal `�(�"� Hamilton County - State of Indiana Commission Number NP0717007�? y PUb11C My Commission Expires Nov 14, 2026 � Printed Na e My Commission Expires: County of Residence:%��>s�/ Williamson Run Homeowners Association, Inc., an Indiana nonprofit corporation, Signed: Printed: STATE OF INDIANA COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of Williamson Run Homeowners Association, Inc., who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of My Commission Expires: County of Residence: Notary Public Printed Name 9 , 2019. Rev 11,07,19 DYC Realty, LLC, an Indiana limited liability company STATE OF INDIANA COUNTY OF Before me the undersigned, a Notary Public in and for said County and State, personally appeared , the of DYC Realty, LLC, who as such authorized representative acknowledged the execution of the foregoing on behalf of such entity this day of My Commission Expires: County of Residence: 52019. Notary Public Printed Name �oWillia ,gnu Ru' Hom owners Association, Inc., an Indiana nonprofit corporation, Signe A Printed: �A a STATE OF INDIANA COUNTY OF q, (�v \ � . I y Before me the undersigned, a Notary Public in and for said County and State, personally appeared the0 1'4-c' of Williamson Run Homeowners ,, /j ) Association, Inc., who as such authorized representative aelmowledged the execution of the foregoing on behalf of such entity this J,(-) day of'),11v r 2 kl Q "Y Notary Public le C j C1 )e IV �t -Ar I Printed Name My Commission Expires: ) - to County of Residence: W. Wiftta d 8fa MAOMA N tary pvbk� lanq V 09947 Commission Numbet V M CoInmisslon Exptr98 ni/m/2026 limited liability company, Printed: I,_i:< STATE OF INDIANA ) COUNTY OF t W— ) Rev 11.07.19 he undersigned, a NJr, ublic mand foi said County and State, personally appeared Before me t 1 �i e Irish band, LL.C, who as such a tu, horiizze�d ryeprese ative acknowledge e exe on of t oing on b -of aif such entity this da of 2019. Public Name My Commission Expires: County of Residence: _® RY P c� PUBLIC �f _ SEAL ton r✓'� %9'' "Numb?�•:.••\�,,'�eeJ Prepared By: Jan R. Chenoweth, 7399 N. Shadeland Avenue, #166, Indianapolis, IN 46250 (317) 627-7377. 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 —Jan R. Chenoweth 10 EXHIBIT A Papa Perimeter seription Part of the South Half a of SecUon 8, Township 17 North, Ranget County,in Hamilton Indiana,more ,' described as follows: A part of the South Half of the -Southeast Quarter of Section 8, Township 17 North, Range 4 East, Nornilton County, Indiana, desc(ibed as follows* . HER 976 Ini Pare ES 2, LL i Randall Drive, Suite E. i� 2 r WLS Real Estate Enterprises LLC 9755 Randall Dr, Suite 101 Indianapolis, IN 46280 Parcel # 16-14-08-00-05-004.003 3 L LLC 9755 Randall Dr, Suite 100 Indianapolis, IN 46280 Parcel;: 16-14-08-00-05-004.002 ,Horizon CPA Property Group, LLC 9745°Randall Dr, Suite 140 Indianapolis, IN 46280 Parcel # 16-14-08-00-05-004.004 ANDALL ®RIVE le ®YC Realty, LLC 7399 N. Shadeland Ave, #166 Indianapolis, IN 46250 Parcel # 16-14-08-00-05-004.000 CARMEL CREEK O'Brien Holding, LLC 4630 96th Street Indianapolis, IN 46240 Parcel # 16-14-08-00-05-002.000 9 t Wood Hyundai RE LLC 9820 Association Ct. Indianapolis, IN 46280 Parcel # 16-14-08-00-05-001.000 it, 11 1 1! ; 1 , 1 T 19 1; , 2 of fit lu Will ' an R A 1, Hit Mo j 4, ,RAH gQ pion :1 1"1100 0101", lull! H 2 i 1111 0 R Al 0 is 11 a ----sow up; 1 To v 9 HS Hit w i it I it I 'I A jymy I wal NU 11 V j, j, to hm 0 to "h", , mf R1 N 4' gip OMNI WM MTRO;g�I to 1 to ; fw W�o� lPI is N pill no oil !PIN, J. P 11 Ida! OWN!' inns Uq Wi ng" HOW I qj w 1H NIP.Nell Hill Up ISH MH , A TAIN, In"H11111111,21 jH1101110111101H PON;! IS im"41 q1 ;,Hill!! S LLJ m 52 Z 15 Uji 'f - — ..�.._.... �� ,k.`�. fE � �", i nu �,..:t I,I a� u.¢ z� , c�w� -- ---- ---- !1 4 On 1101/911119 Land Descriptions Part of "Block A" in the Secondary Plat of East 96th Street Auto Park Subdivision, dated January 2, 2001 and recorded January 2, 2001 as Instrument No. 200100000285 in the Plat Cabinet 2, Slide 538, in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Beginning at the southeast corner of said Block A; thence North 00 degrees 01 minutes 16 seconds East (basis of bearings per the plat of said East 96th Street Auto Park Subdivision) along the east line of said "Block A" a distance of 494.35 feet; thence North 89 degrees 51 minutes 40 seconds West a distance of 284.53 feet to the west line of said "Block A" being the east line of Randall Drive; thence South 00 degrees 08 minutes 20 second West along said line a distance of 496.20 feet to a point on a tangent curve to the left having a radius of 25.00 feet, the radius point of which bears South 89 degrees 51 minutes 40 seconds East; thence southeasterly along said curve an arc distance of 40.99 feet to a point on the north right-of-way line of 96th Street per Instrument #98-61332; thence North 86 degrees 12 minutes 25 seconds East a distance of 18.94 feet; thence North 82 degrees 53 minutes 46 seconds East a distance of 201.56 feet; thence South 89 degrees 58 minutes 44 seconds East a distance of 39.98 feet to the Point of Beginning, containing 3.31 acres, more or less. Vacated Portion of Randall Drive Part of "Randall Drive" as dedicated on the Secondary Plat of East 96th Street Auto Park Subdivision, dated January 2, 2001 and recorded January 2, 2001 as Instrument No. 200100000285 in the Plat Cabinet 2, Slide 538, in the Office of the Recorder of Hamilton County, Indiana, being described as follows: Commencing at the southeast corner of the Southeast Quarter of Section 8, Township 17 North, Range 4 East; thence North 89 degrees 58 minutes 44 seconds West (basis of bearings per the plat of said East 96th Street Auto Park Subdivision) along the south line of said Quarter a distance of 2,032.90 feet to the southwest corner of said East 96th Street Auto Park Subdivision; thence North 00 degrees 08 minutes 20 seconds East along the west line of said plat a distance of 73.03 feet to the Point of Beginning; thence continuing North 00 degrees 08 minutes 20 seconds East along said line a distance of 318.97 feet to the southeast corner of the Randall Bypass Right -of -Way as described in Instrument #2014-9605; thence South 89 degrees 51 minutes 40 seconds East a distance of 59.00 feet to the east right-of-way line of Randall Drive per said plat; thence South 00 degrees 08 minutes 20 seconds West along said line a distance of 288.14 feet to a point on a tangent curve to the left having a radius of 25.00 feet, the radius point of which bears South 89 degrees 51 minutes 40 seconds East; thence southeasterly along said curve an arc distance of 40.99 feet to a point on the north right-of-way line of 96th Street per Instrument #98-61332; thence South 86 degrees 12 minutes 25 seconds West a distance of 85.92 feet to the Point of Beginning, containing 0.433 acres, more or less. Land Description "Northwestern' Triangular Greenway Area of the East Parce)" iiiiii'llilli 1111111 lip �pll III II iiiiiiii 111�1 III I I - - - - ME& o ry) C) 00 z < —VA.. MMEMM 4) C> CD C: 771 iS r�l ---------- ------— II= -0 U) r ------------------------- cm E I 0 co —I c W I — — — — --- — — —