HomeMy WebLinkAboutCommitments 05-28-99 �O��o g
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Commitments Concerning the Use and
Development of Real Estate
Omnipoint Communications Midwest Operations, LLC and Unisite, Inc. (hereafter
jointly, "Applicant), makes the following Commitments to the Carmel/ Clay Board of Zoning
Appeals:
Description of Real Estate:
(See Attachment - Legal Description of Property)
Statement of Commitments:
1. If technologically feasible, the tower will be designed and erected in such manner
that it can reasonably accommodate the equipment of up to four(4) wireless
telecommunications service providers (however, if a public safety agency wants
to locate its equipment on the tower, the agency may be counted as one of those
service providers).
2. The owner of the tower will offer to any wireless telecommunications service
provider that seeks to collocate its equipment on the tower commercially
reasonable lease or license terms, so as to accomplish the purpose of minimizing
the number of such towers that must be erected in the Carmel/Clay community.
Binding on Heirs, Successors and Assigns. These commitments are binding on the owner of the
Real Estate and tower, each subsequent owner of the Real Estate and tower, and each person
acquiring an interest in the Real Estate and tower, unless modified or terminated by the
governmental authority authorized to modify.
Recording. The undersigned agrees to record these commitments in the Office of the Recorder
of Hamilton County, Indiana, upon granting of the approval of the project.
Enforcement. These commitments may be enforced by the Carmel / Clay Board of Zoning
Appeals, the Director or by any wireless telecommunications service provider that desires to
collocate its equipment on the tower subject to the commitment. If, after thirty (30) days notice
from the Board, a person subject to these commitments refuses to honor or abide by such
commitments, the special exception approval may be revoked by the Board following a hearing
at which such person shall be entitled to be heard, provided that such person shall not be deemed
to have violated such commitments if such person commences to cure any alleged violation and
diligently pursues the same to completion.
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Executed this Z-0 ` day of , 1999.
OMNIPOINT COMMUNICATIONS MIDWEST OPERATIONS, LLC
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By: -P de_____ , Technical Director, Midwest Operations
Mike Bloom
STATE OF INDIANA, COUNTY OF MARION, BEFORE ME, a Notary public in and for said
County and State, personally appeared Mike Bloom, the Technical Director of Omnipoint
Communications Midwest Operations, LLC, who acknowledged the execution of the foregoing
Commitments.
WITNESS my hand and Notarial Seal the 0•? y of , 1999.
(41/•-•%-
Notary blic State of Indiana
Residing in ounty. My Cqmmission Expires:
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UNISITE, I
By: , Acquisition Manager, Midwest Region
Nick elc
STATE OF INDIANA, COUNTY OF MARION: BEFORE ME, a Notary public in and for said
County and State, personally appeared Nick Welch, the Site Acquisition Manager, Midwest
Region, of Unisite, Inc., who acknowledged the execution of the foregoing Commitments.
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WITNESS my hand and Notarial Seal thead day of Cry , 1999.
Nota ublic State of Indian
This Instrument was prepared by James B. Burroughs, Ice Miller Donadio & Ryan, One
American Square, Box 82001, Indianapolis, Indiana 46282-0002 (317) 236-2100.
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EXHIBIT A
Lease Area
A part of the Southeast Quarter of Section 20, Township 18 North, Range 3 East, Hamilton
County,Indiana, described as follows: Commencing at the northeast corner of said quarter
section; thence North 90 degrees 00 minutes 00 seconds West 1,327.16 feet along the north line
of said quarter section;thence South 0 degrees 31 minutes 30 seconds West 554.13 feet;thence
North 89 degrees 10 minutes 08 seconds East 44.23 feet to the point of beginning of this
description: thence continuing North 89 degrees 10 minutes 08 seconds East 70.00 feet; thence
South 0 degrees 49 minutes 52 seconds East 70.00 feet; thence South 89 degrees 10 minutes 08
seconds West 70.00 feet; thence North 0 degrees 49 minutes 52 seconds West 70.00 feet to the
point of beginning and containing 4,900 square feet,more or less.
Subject to all rights-of-way, easements, and restrictions of record.
Access Easement
A part of the Southeast Quarter of Section 20, Township 18 North, Range 3 East, Hamilton
County, Indiana, described as follows: Beginning at a point on the north line of said quarter
section,which point is North 90 degrees 00 minutes 00 seconds West 1,327.16 feet from the
northeast corner of said quarter section;thence South 0 degrees 31 minutes 30 seconds West
554.13 feet; thence North 89 degrees 10 minutes 08 seconds East 44.23 feet; thence South 0
degrees 49 minutes 52 seconds East 20.00 feet; thence South 89 degrees 10 minutes 08 seconds
West 64.71 feet;thence North 0 degrees 31 minutes 30 seconds West 574.43 feet to the north
line of said quarter section;thence South 90 degrees 00 minutes 00 seconds East 20.0 feet along
said north line to the point of beginning and containing 12,375 square feet,more or less.
Subject to all rights-of-way, easements, and restrictions of record.
482458.I
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