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Conn, Angelina V
Sent:
To:
Cc:
From: Conn, Angelina V
Tuesday, December 13, 2005 3:25 PM
Tingley, Connie S
'adavis@davis-sarbinoff.com'; Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M;
Brewer, Scott I; Hancock, Ramona B; Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W;
DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'
Subject: Docket No. Assignment: (CA) East 96th Street Auto Park, Blk A (#05120009 CA)
Connie,
I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for
(CA) East 96th Street Auto Park, Blk A. It will be the following:
Docket No. 05120009 CA $1,030.00
Total Fee: $1,030.00
East 96th Street Auto Park, Blk A
The applicant seeks approval to amend hours of operation:
Docket No. 05120009 CA commitment amendment
The site is located at 9755 Randall Dr. and is zoned B-3/Business.
Filed by P. Adam Davis of Davis & Sarbinoff, LLP.
Petitioner, please note the following:
1. This Item will not appear on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, December 29,
2005. Published notice is required within the Indianapolis Star. Note: the Regular BZA meeting will
begin at 6 pm in the COURT Chambers.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday,
January 20, 2006. Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary
Connie Tingley no later than NOON. Friday, January 13, 2006. Failure to submit Informational
Packets by this time will result in the automatic tabling of the petition to the Monday, February 27,2006
agenda of the BZA.
5. This Item will appear on the January 23, 2006 agenda of the Board of Zoning Appeals under
Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the
night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number,
petitioner, and date (Sheet 7). Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Mr. Davis can be contacted at 569-1296, fax: 569-1293 or email: adavis@davis-sarbinoff.com
Petitioner: please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. in the Court
Chambers. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days
prior to the printing deadline (317-444-7163 or email: publicnotices@indystar.com).
2.) Provide a filled out and notarized Affidavit & Petitioner's Public Notice Affidavit (pages 4 & 6 of the
Variance application).
3.) Note: while it is acknowledged that this is a commitment amendment application, please fill out all
applicable sheets of the Development Standards variance application that apply: Affidavit, Petitioner's
Public Notice Affidavit, Public Notice, and Ballot Sheet.
4.) Provide a copy of the official list of adjacent property owners from the Hamilton County Auditor's
office.
12/13/2005
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Thank you,
Angie
R~X!y~ &~O~N~E~L~~ ~ ~A~ Ui
RAE A RIEMAN
Legal Assistant
Telephone 317.569.1296
Fax 3]7.569.1293
9765 Randall Drive, Suite F, Indianapolis, Indiana 46280
[-mail: rrieman@d-slaw.com . www.d-slaw.com
D&S
LAW
INDIANA
BUSINESS
ATTORNEYS
12/13/2005
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Petition to modifyCommitmelits made in a previolls p wtion to mlUige the~. ././" . /'
0IIl.... Zoolng!\bp.. ........-..1010. tho c_oIJCboy z..,;"gOrdln""'eY RE.-.cE1V1'::".lJ \~.;";'.
N'PROVAL~PLICATION ~ NOV,1 :~1J'j k)
F... $1,830.00 '\'~\, \ 'O[;~ ,.of ~/
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COMM:ITMENT AMENDMENT
Docket No.:
November 7, 2005
'D~ \ L__c:t)O"
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o Name of Owner: DYC Realtv, LLC, TAB Investments,
LLC. and 3ML. LLC. (Owners of Exs. A. C. and D)'
Phone No.: (317) 577 - 2413
o Owner's Address
FaxNo. (317) 913- 0763
7399 Shadel;}.I1d Avenue. No 166. 1I1dpls.. IN 4625Q
- City, State, ZIP
o Record of Ownership: Deed Book:
See Attached Exhibits A, B, C, D and E.
Page:
Purchase Date:
- Legal Oescription (U se additional pager s]if necessary):
See Attached Exhibits A, B, C, D, and E
-Comm on Address of Property Involved (or General Description ifno Address Exists):
Ex. A commonly referred to as 9765 Randall Dr., Indpls., IN, 46280; Ex. B commonly referred to as 9755 Randall Dr., Suite 101,
Indpls.. lN, 40:ll:SU: bx. C commonly referred to as Y/Y:J Kandall ill.. :ste. lOU, mdpls.. lN 40:ll:SU: bx. U has no address and
comorises the remainder of the property as set forth on Exhibit E. labeled DYC Realtv. LLC, excePting out legal descriptions set
forth in.Ex.s.A. B..and C. f h d'fi' '. f . . d
~o t e Mo t tcabon 0 Commttmentsrequeste :
The Ori.$tinal Declaration of Commitments for the 96th Street Auto Park filed in the Hamilton County Recorders
Office as Instrument No. 200000048615 (the "Commitments"), attached hereto as Exhibit F, provided in Section
B(3) that "[t]he hours during which businesses within the Western Parcel are open to the public shall be restricted to
hours between 7:00 a.m. and 7:00 p.m...." (the "Hour Restrictions"). The modification of Commitments requested
seeks to amend the Hour Restrictions by permitting businesses to be open past 7:00 p.m. for the purposes of
providing emergency medical and/or veterinary services for the urgent care of a businesses' patients, a specifically
set forth in Section I of that certain First Amendment to the Declaration of Commitments for the 96th Street Auto
Park, a copy of which has been executed by all necessary parties and attached hereto as Exhibit G.
Pae:e 1 of 3
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AFFIDAVIT
(IIWe), being duly sworn, depose and say that (IlWe) (amjare)tbe (OV\!Iler(s)) of Fifty Percent (50%) or more of the
property involved in this appliCalion and that the foregoing signatures, statements, and answers herein contained and the
infonnation herewith submitted e in all r cts true and correct to the best of (my or our) knowledge and belief.
DYC Real ,LLC, b
Signalure
J an Chenoweth
( typed or printed)
7399 Shadeland Avenue, No. 166
Address
Indpls., IN 46250
City, State, ZIP
Tab Investments, LLC bY:
Signalure
J an Chenoweth
(typed or printed)
7399 Shadeland Avenue, No. 166
Address
Indpls., IN 46250
City, State, ZIP
P. Adam Davis, Esquire
Name
(117) ';69- 1 ?96
Telephone
November 7,2005
Date
P. Adam Davis, Esquire
Name
(117) ';h9-1296
Telephone
November 7,2005
Date
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{;; 800 -' 1 ~~-
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The applicant, correspondent, or agent (if different from OV\!Ileror owners)
Stale of Indiana )
County of ;/d-QI~t--"JljN
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(officer's county of residence)
:;1;;;.) t.htJ;vtI~~ fh
(name ofperson(s))
~ /yrt/\ day of
and
Before methe undersigned, aNotary Public for,
County, State ofIndiana, personally appeared
acknowledged the execution of the foregoing instrument this
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~54?
(SEAL and Signalure)
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My commission expires:
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AFFIDAVIT
(VWe). being duly sworn, depose and say that (IlWe) (am/are) the (owner(s))ofEifty Percent (500ilJ) or more of the
property involved inthis application and that the foregoing signatures, statemehts,and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of (my or our) knowledge and belief.
3ML,LLC, by: ~,'
Signature
Brian Rider
(typed or printed)
9755 Randall Drive, Suite 100
Address
Indianapolis, Indiana 46280
City. State, ZIP
lJJLS Kec..\ f~k~e E",hpr"'i5.e.S \llC
Signature
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(typed or printed)
4 7~~ //AWO~.L Pli.; ~ll)Je 10/
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City, State, ZIP'
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P. Adam Davis, Esquire
Name
(117) 'itl9- 1 ?9tl
Telephone
November 7, 2005
Date
lheapplicant, correspondent, or agent {if different from owner or owners)
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State of Indiana )
//_ )SS:
County of, // /r /VI$& rQ\J )
Before me the undersigned, a Notary Public for , ~ m .r u7i?AJ ~i"Vr</
. (officer's county of residence)
County ,State ofIndiana, personally appeared g Ii"'!:" A-A) 62. -r:'D ~ /t tI-
(name ofperson(s))
and
acknowledged the execution of the foregoing instrument this
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(SEAL and Signature)
? 4o~D~s
(printed or typed)
/9'~'"
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Legal Desqription
Qfthe
TAB PlVcel
Part of Block A, in East 96th Street Auto Park Subdivision, date<t January 2, 2001 and
recorded January 2,2001 as Instrument No. 200100000285 in Plat Cabinet 2, Slide 538,
in the ()ffice of the Recorder of Hamilton County, Indi"nll, more particularly described as
follows:
Commencing at the Northwest comer of East 96th Street Auto Park Subdivision; thence
South 89 degrees 44 minutes 52 seconds, (assumed bearing) along the North line of East
96th Street Auto Park Subdivision, 59.00 feet, to a point on the Easterly right-of..way line
of Randall Drive, and the Northwest comer of Block A, also being the POINT of
BEGINNING; thence continuing South 89 degrees 44 minutes 52 seconds East, along the
North line of Block A, 322.52 feet; thence South 14 degrees 09 minutes 30 seconds West,
along the East line of Block A, 145.61 feet; thence South 13 degrees 13 minutes 03
seconds East, along the East line of Block A, 127.03 feet; then<:e North 87 degrees 29
minutes 53 seconds West 147.21 feet; thence North 89 degrees 57 minutes 13 seconds
West, 169.50 feet, to the Easterly right-otway line of Randall Drive; thence North 00
degrees 08 minutes 19 seconds East, along the Easterly right...of-way line of Randall
Drive, 259.83 feet to the point of beginning, containing 1.815 Acres, more or less.
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Disclaimer:
The information available through this program is current as of 10/31/2005.
This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatiol
different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for I
accuracy. It may not reflect the current information pertaining to the property of Interest.
Parcel No: 16-14-08-00-05-004.001
Deeded Owner: Tab Investments LLC
Owner Address:
7399 Shadeland Ave PMB #166
INDIANAPOUS,IN46250
Legal Description: E 96TH ST AUTO PARK Pt Block A 10/20/03 split fr 004.000 fr DYC Realty LLC for 2004 pay 2005 2003-108858 11/12/03
drawing of 004.001 2003-116096
I Section/Township/Range: 08/17/04
Subdivision Name: E 96TH ST AUTO PARK
Property Address:
o Randall Dr
Indianapolis, IN 46240
Block: Pt A
Deeded Acres: 1.82
Political Township: Clay
):
Most Recent Recorded Date: 10/20/2003
(Recorded Date might be due to a variety of changes; such as annexation, right-of-way, spilt, or deed.)
This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 1
@ 2005 Hamilton Co.
W~_b~lte SlJg!l.e~tionsorJsslJes I C;ondJtioJ]~_otUs.e I Priv~cLP-o!l!;Y. I Slt.e,_M~_p I TecJmJc!!Jl:Jetp I HQME
@ 2005, Hamilton County, Indiana - all rights reserved.
httn:/ /www.co.hamilton.in.us/anns/renorts/mtmlrcel info llsn?snllrr.elno= 1 h 140ROOO,0040
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Lepl Description
~
~ ~ Pareel-
t//L-~ Y4t'Z.CG'L.
Part of Block A, in the Secondary Plat of East 9fib Street Auto Park Subdivision, dated
January 2, 2001 and recorded Jamwy 2, 2001 as Instrument No. 200100000285 in Plat
Cabinet 2, Slide 538, in the Office of the Recorder of Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Northwest corner of East 96* Street Auto Park Subdivision; thence
South 89 degrees 44 minutes 52 seconds East, (assumed bearing) 59.00 feet along the
North line of East 96fJJ. Street Auto Park Subdivision to a point on the Easterly right-of-
way line of Randall Drive and the Northwest corner of Block " A", thence South 00
degrees 08 minutes 20 seconds West 259.71 feet along the West line of said Block" K to
a mag nail set marking TIlE POINT OF BEGINNING said point being the Southwest
corner of a tract of land recorded as Instrument number 200300108858; thence South 89
degrees 57 minutes 13 seconds East 169.50 feet along the South line of said tract to a
5/8" capped rebar stamped Insight Eng. LS9700000 set (herein after referred to as capped
rebar); thence South 87 degrees 29 minutes 53 seconds East 147.21 feet along said South
line to the Southeast comer of said tract and to the East line of said Block" A"; thence
South 06 degrees 49 minutes 5S seconds West 104.64 feet along said East line to the East
extension of an existing wall line; thence North 89 degrees 51 minutes 40 seconds West
213.89 feet along said East extension to the face of an existing nortJrsouth curb line;
thence South 00 degrees 08 minutes 20 seconds West 41.24 feet along said curb line;
thence North 89 degrees 51 minutes 40 seconds West 30.50 feet to a mag nail set; thence
South 00 degrees 08 minutes 20 seconds West 22.34 feet to a mag nail set; thence North
89 degrees 51 minutes 40 seconds West 60.00 feet to a 5/8" capped rebar stamped Insight
Eng. LS9700000 set on the West line of said Block "A"; thence North 00 degrees 08
minutes 20 seconds East 173.31 feet along said West line to the Point of Beginning,
contllining 0.891 Acres, more or less.
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Ham,ilton Co., IN - Online RepoU
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Disclaimer:
The information available through this program is current as of 10/31/2005.
This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatiol
different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for I
accuracy. It may not reflect the current information pertaining to the property of interest.
eel No: 16-14-08-00-05-004.003
Deeded Owner: WLS Real Estate Enterprises LLC
Owner Address:
9755 Randall Dr Ste 101
CARMEL, IN46032
scription: E 96TH ST AUTO PARK Pt Block A 1/25/05 split fr 004.000 fr DYC Realty LLC for 2005 pay 2006 2005-4686 2/9/05 drawing
03 2005-8123
ST AUTO PARK
Lot Number(s):
Most Recent Recorded Date: 7/7/2005
(Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.)
This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 1
@ 2005 Hamilton Co.
W~b.siJ;e_SygggstlQDSOLtsS.lJeS I CQmHtlQJl..s...ofJJS...e I Pri\l51.c;;L!'QliQ' I SlteJ1.a.Q I Ie.c;;t!l1tcal..H....eJJ:! I HQM.!:;
@ 2005. Hamilton County. Indiana - all rights reserved.
htto:/ /www.co.hamilton.in.us/anns/renorts/mtnarcelinfo.::lsn?smlrc.plno=l h 140ROOO",0040
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Legal Description
of the
3ML :parcel
Part of Block A, in rile Secondary Plat of East 96th Street Auto Park Subdivision, dated
January 2,2001 and recorded January 2, 2001 as Instrument No. 20010??oo285 in Plat
Cabinet 2, Slide 538, in the Office of the Recorder of Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Northwest corner of East 9(}h Street Auto Park: Subdivision; thence
South 89 degrees 44 minutes 52 seconds East, (assumed bearing) 59.00 feet along the
North line of East 96th Street Auto Park Subdivision to a point on the Easterly right..of-
way line of Randall Drive and the Northwest comer of Block "N', thence South 00
degrees 08 minutes 20 seconds West 433.02 feet along the West line of said Block "A" to
a 5/8" capped rehar stamped Insight Bog. LS9700000 set (herein after referred to as
capped rOOar) marking THE POINT OF BEGINNING; thence South 89 degrees 51
minutes 40 seconds East 60.00 feet to a mag nail set; thence North 00 degrees 08 minutes
20 seconds East 22.34 feet to a mag nail set; thence South 89 degrees 51 minutes 40
seconds East 30.50 feet to the face of an existing north-south curb line; thence North 00
degrees 08 minutes 20 seconds East 41.24 feet along said curb line to the West extension
of an existing wall line; thence South 89 degrees 51 minutes 40 seconds East 213.89 feet
along said West extension and with said wall line extending East to the East line of said
Block "A"; thence South 06 degrees 49 minutes 55 Seconds West 143.44 feet along said
East line; thence South 06 degrees 21 minutes 08 seconds West 32.53 feet along said East
line; thenu North 8S degrees 30 minutes 27 seconds West 114.34 feet to a capped rebar,
thence North 89 degrees 51 minutes 40 seconds West 170.15 feet to a capped rebar on the
West line of said Block "A"; thence North 00 degrees 08 minutes 20 seconds East 102.54
feet along said West line to the Point of Beginning, containing 1.019 acres more or less.
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Hamilton Co., IN - Online Report"
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Disclaimer:
The information available through this program is current as of 10/31/2005.
This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatiol
different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for I
accuracy. It may not reflect the current information pertaining to the property of interest.
Parcel No: 16-14-08-00-05-004.002
Property Address:
9755 Randall Dr
INDIANAPOLIS, IN 46280
Deeded Owner: 3ML LLC
Owner Address:
9755 Randall Dr Ste 100
INDlANAPOUS,IN46280
AUTO PARK pt Block A 1/25/05 split fr 004.000 fr DYC Realty LLC for 2005 pay 2006 2005-4685 2/9/05 drawing
SectionfTownship/Range: 08/17/04
Subdivision Name: E 96TH ST AUTO PARK
I Block: pt A
Deeded Acres: 1.02
Political Township: Clay
Lot Number(s):
Most Recent Recorded Date: 1/25/2005
(Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.)
This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact I
@ 2005 Hamilton Co.
Website Suggestions or Issues I Conditions otUse I pri\ii;lCYPOliCt I SJte.Mi;lp I TecbniCi;lJ Help I HOME
@ 2005, Hamilton County, Indiana. all rights reserved.
htto:/ /www.co.hamilton.in.us/anns/renorts/rntn:nce I info_~sn?~m:lr~p.1 nn= 1 h 14OSU)()()'i()()4()
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land Description
Block A of East 96th Street Auto Park
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:
Co'mmencing 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 comer of Tract II as described in Instrument No. 98-
9276, recorded in the Office of the Recorder of Hamilton County, Indiana; thence North 00
degrees 08 minutes 20 seconds East along the East line of said described land 75.00 feet to the
North right-of-way line of 96th Street as described in Instrument No. 98-61332. recorded in said
recorder's office (the fallowing eight (8) courses are along said North right-of-way line); 1) thence
Norlh 89 degrees 58 minutes 36 seconds West 113.75 feet; 2) thence South 84 degrees 18
minutes 38 seconds West 150.75 feet; 3) thence North 89 degrees 58 minutes 44 seconds West
450.00 feet; 4) thence North 79 degrees 46 minutes 30 seconds West 254.02 feet; 5) thence North
89 degrees 58 minutes 44 seconds West 10.02 feet to the POINT OF BEGINNING; 6) thence
continuing North 89 degrees 58 minutes 44 seconds West 50.00 feet; 7) thence South 82 degrees
53 minutes 46 seconds West 201.56 feet; 8) thence South 86 degrees 12 minutes 21 seconds
West 45.72 feet; thence North 00 degrees 08 mnules 20 seconds East 1245.53 feet to the North
line of the South Half of said Southeast Quarter Section and the North line of said Tract I; thence
South 89 degrees 44 minutes 52 seconds East along said North line 322.52 feet; thence South 14
dsgrees 09 minutes 30 seconds West 145.61 feet: thence South 13 degrees 13 minutes 03
seconds East 127.03 feet; thence South 06 degrees 49 minutes 55 seconds West 248.08 faet;
th~nce South 06 degrees 21 minutes 08 seconds West 32.53 feet; thence South .00 degrees 01
mlnutc!s 16 seconds West 672.67 feet to the POINT OF BEGINNING. containing 8.255 acres,
more or less.
Hamilton Co., IN - Online Reports,
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Parcel Information Report
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Disclaimer:
The information available through this program is cu rrent as of 10/31/2005.
This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatiol
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accuracy. It may not reflect the current information pertaining to the property of interest.
Parcel No: 16-14-08-00-05-004.000
Property Address: Deeded Owner: Dye Realty LLC
o 96th St E Owner Address:
Indianapolis, IN 46240 7399 Shadeland Ave #166
Indianapolis, IN46250
Legal Description: E 96TH ST AUTO PARK pt Block A A 1/2/01 2001-285 PLAlTED FRM 1614080000016.000,017.000 10/20/03 split 1.82
ac to 004.001 to Tab Investments LLC for 2004 pay 2005 2003-108858 1/25/05 split 1.02 ac to 004.002 to 3ML LLC for 2005 pay 2006 2005-
4685 1/25/05 split .89 ac to 004.003 to Second Tab Investments LLC for 2005 pay 2006 2005-4686
Sectionrrownship/Range: 08/17/04
Subdivision Name: E 96TH ST AUTO PARK
Block: pt A
Deeded Acres: 4.52
Political Township: Clay
Lot Number(s):
Most Recent Recorded Date: 1/25/2005
(Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed.)
This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact 1
@ 2005 Hamilton Co.
Website Sugg!;stioos or IS!?lJes I Conditions of Use I Priva<;Y Policy I SJteMC!P I Tec:bOic:aIHe1p I HQME
19 2005, Hamilton County, Indiana - all rights reserved.
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~Iled tor Record In
DECLARATION OF COMMITMENT~HAMILTON COUNTY, INDIA~~A
FOR THE 96th S i\lARV L CLARK .
TREET A UTO PARK On 09-28-2000 At 02: 38 pm.
MISC 43.00
This Declaration of Commitments (hereafter Declaration) is made on the zz...."'day of
Jw..; t. , 2000, by DYC Realty, LLC, an Indiana limited liability company (hereafter
Declarant):
WITNESSETH:
WHEREAS, Declarant is the owner of the real estate more particularly described on what
is attached hereto and incorporated herein by reference as Exhibit A (hereafter Real Estate);
WHEREAS, these Commitments are made in connection with the granting of a Special Use,
with respect to the Real Estate, by the Cannel/Clay Board of Zoning Appeals under Docket Nos. SU-
53-00, SU-54-00, and SU-55-00 (hereafter collectively the Applications);
WHEREAS, Tom Wood, Inc. and Tom O'Brien Chrysler-Plymouth, lnc.-Northside may
become owners of part of the Real Estate and, as such, have executed these Commitments to show
their consent hereto;
WHEREAS, the tenn Owner(s), as used throughout this Declaration, shall mean and refer
to (i) the Declarant, (ii) the Declarant's successors, assigns, and grantees, (iii) any future owners of
part or all of the Real Estate, and (iv) any person or entity acquiring an interest in the Real Estate;
NOW, THEREFORE, Declarant declares that the Real Estate shall be held, sold, and
conveyed subject to the following commitments:
A. Landscaping Commitments Applicable to the Real Estate.
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1.
As depicted on the drawing attached hereto as Exhibit B (hereafter the
Drawing), a benn, which will undulate between four (4) and six (6) feet in
height above existing grade, will be constructed by Owner on (i) the Real
Estate along the southern property line of Williamson Run west of Carmel
Creek and (ii) on the Williamson Run Common Area. On this berm will be
planted long-lived evergreen trees (minimum 10-14 feet high), spaced in ten
(10) feet staggered intervals. This Item A-I will be completed prior to the
commencement of construction of any buildings on the Real Estate. The
landscaping and benn will not be removed or disturbed. There will also be
a 50-foot green space buffer (Green Space Buffer) extending from Randall
Drive to the western boundary of the floodway on which there will b,e no
buildings or pavement. The Green Space Buffer will comprise 50 feet by
paraillellines off the northern border of that portion of the Real Estate that is
immediately south of the southern border of Williamson Run, east of Randall
Drive, and west of the western boundary of the floodway, all as depicted on
the Drawing.
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2. As also depicted on the Drawing, a benn of similar height will be constructed
by Owner along the western line of the floodway. This berm will extend
450 feet south from the'northern boundary of the Real Estate. Landscaping
wiII be planted on and around this berm and will continue south along the
western boundary of the floodway. This Item A-2 will also be completed
prior to the commencement of construction of any buildings on the Real
Estate. The landscaping and berm will not be removed or disturbed.
3. As also depicted on the Drawing, three (3) long-lived evergreens (minimum
25 feet high) will be planted by Owner in the Williamson Run Common Area
located near the southeastern comer of the Williamson Run lake that adjoins
Cannel Creek. This Item A-3 shall also be completed prior to the
construction of buildings on the Real Estate.
4. No trees or shrubs located on the Williamson Run property will be removed
except as reasonably necessary to install the berm described in A(l) above.
5. No trees or shrubs located within the Green Space Buffer will be removed
except as reasonably necessary to install the berm described in A(1) above.
6. The following restrictions apply (i) to the Real Estate which is generally
depicted on the Drawing as 15 feet by parallel lines off the northern boundary
of the Real Estate within the floodway (hereafter "Preservation Area"), and
(ii) the real estate also generally depicted on the Drawing as that portion of
the Real Estate that is 15 feet by parallel lines off the southern boundary of
the Preservation Area within the floodway (hereafter "Transition Area"):
(a) Owner will not remove or intentionally disturb trees or vegetation
within the Preservation Area, unless Owner is so required in writing
by the Department of Natural Resources or the applicable
governmental entity, and Owner has provided at least 15 days' notice
of such requirement to the Board of the Williamson Run
Homeowners Association.
(b) In connection with any clearing and grading within the Transition
Area and the area south of the Transition Area within the floodway,
Owner will not remove and will use its best efforts to avoid
disturbance of the two largest trees located in the Preservation Area
adjacent to the northern boundary of the Real Estate.
( c) Owner may remove some, but not all, of the other trees and
vegetation in the Transition Area as is reasonably necessary to
provide for a transition to the removal of all trees and vegetation
south of the Transition Area within the floodway.
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7. For each tree that is removed or that dies because it is disturbed by Owner or
its contractors in violation of any item contained in Section A or Item B( 6),
the Owner will, at its option, either replace such tree at its original location
with a tree of similar size and comparable species commonly found in area
nurseries, or pay to the Board of Directors of the Williamson Run
Homeowners Association, Inc. (the "Williamson Run Board") the greater of
(i) the sum of $250.00 per inch of the diameter of the tree's trunk, measured
four (4) feet from the ground, or (ii) the sum of$750.00; provided, however,
that (i) the Owner shall have no liability for damage, disturbance, or
destruction to trees the trunk of which, measured four (4) feet from the
ground, is less than one (I) inch in diameter and (ii) the Owner's maximum
liability for anyone tree shall not exceed the sum of Five Thousand Dollars
($5,000.00).
8. The landscaping plan will be provided to and is subject to reasonable review
and approval by the Williamson Run Board. All landscaping which is
installed by Owner and which dies or is removed within three (3) years of
planting will be replaced promptly by Owner.
B. Future Construction on that portion of the Real Estate which is west of Carmel Creek and
east of Randall Drive and which is legally described in what is attached hereto as Exhibit "c'
(the "Western Parcel").
1. All buildings located upon the Western Parcel shall have a residential style
architecture that includes, but is not limited to, an all brick, front-facing
Randall Drive, a height of not more than two (2) stories, and a roof line of
6/12 or greater slope.
2. No retail operations shall occur on any portion of the Western Parcel, and all
uses shall be of a general office nature including, without limitation,
professional offices, medical offices, dental offices, veterinary offices
(excluding outdoor kennels and animal runs), financial institution offices,
banks, credit unions, insurance offices, real estate offices, clinics or health
centers, but excluding warehousing or storage services.
3. The hours during which businesses within the Western Parcel are open to the
public shaH be restricted to hours between 7:00 a.m. and 7:00 p.m.; provided,
however, that the owners or employees of such businesses shall not be
prohibited from working in buildings within the Western Parcel before
7:00 a.m. or after 7:00 p.m.
4. No more than three (3) road cuts shall be made for entrances on the east side
of Randall Drive between 96th Street and the existing Williamson Run
monuments. Other than Randall Drive itself, no frontage road or other
vehicular connection between road cuts is allowed; provided, however, that
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all parking lots located within the Western Parcel may be connected.
5. Owner shall dedicate Randall Drive and, to the extent required by municipal
authorities, so much of the land on either side of Randall Drive. To the
extent it has any control over road cuts on the western side of Randall Drive,
Owner will not cause or otherwise assist in obtaining one or more road cuts
on the western side of Randall Drive unless so ordered in writing by the
Carmel/Clay Board of Zoning Appeals, Plan Commission or Board of Pub lie
Works, other municipal authority, or by a court of competent jurisdiction.
6. Otherth~ is necessary to commence construction of the Western Parcel and
to create road cuts and install any sidewalks required by the Carmel/Clay
Board of Zoning Appeals, Plan Commission or Board of Public Works, or
other municipal authority, none of the oak trees on the east side of Randall
Drive will be removed by the Owner. Any such oak trees removed in order
to access the Western Parcel to commence development, or to create road
cuts, or to install required sidewalks, shall be either replanted or replaced in
the same or near location and by a tree of similar size and species.
7. At the time of the commencement of the development of the Western Parcel,
the Owner agrees to assume all care of trees, grass, and other landscaping
located within that portion of the Western Parcel that is not dedicated. The
Owner agrees to provide the Williamson Run Board with the proposed
landscaping plan for the Western Parcel, which should include dense
landscaping between buildings, when such plan becomes available and
further agrees to discuss in good faith elements of the landscaping plan to
which the Board may object.
8. At the time of the development of the Western Parcel, the Owner will install
an appropriate sprinkler system on the east side of Randall Drive for the
existing trees, grass, and other landscapiDg, and to the extent it is not
prohlbited by reason of the dedication described in Item B(5) above, will
connect the existing sprinkler line on the west side of Randall Drive to the
system.
9. The rail fence on the west side of Randall Drive will not be removed except
as required by municipal authorities. The rail fence on the east side of
Randall Drive will be kept intact until the commencement of the development
of the Western Parcel, at which time it may be removed.
10. Parking for buildings on the Western Parcel shall be permitted in the front of
the buildings.
11. All signage located on the Western Parcel shall be installed and maintained
in accordance with the applicable sign ordinance and any variances
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therefrom. The Williamson Run Board will be given prompt notice of any
request for a sign variance for signs located on the Western Parcel. .
12. Lighting shall be installed and used such that any light spill over at the
Williamson Run property line of the Real Estate will not exceed 0.1 foot-
candle. All exterior lights shall be significantly diminished in intensity at all
times between .10:00 p.m. and 6:30 a.m. The Owner agrees to provide the
Williamson Run Board a copy of the Western Parcel's lighting plan when it
becomes available and further agrees to discuss in good faith elements of the
lighting plan to which the Williamson Run Board may object.
C. Limitation Upon Usage of that portion of the Real Estate that is east of Cannel Creek and
more particularly described in Exhibit D attached hereto (the "Eastern Parcel").
1. The northwestern triangular comer of the Eastern Parcel described on
Exhibit E, which is located in the floodway and shown on the Drawing, will
be used only as a green-way and for no other purpose including, without
limitation, motor vehicle parking, parts or equipment storage, trash
receptacles, or any other use not compatible with its use as a green-way.
D. Limitations Upon Activity and Operation on the Eastern Parcel.
1. No dealership or other business on any portion of the Eastern 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.
2. All auto body repair activities (including, but not limited to storage of any
wrecked cars) and all trash receptacles and other waste storage shall be
handled so that they cannot be viewed from Randall Drive or from any
portion of Williamson Run; provided, however, that this provision shall not
prohibit the visibility from Williamson Run of one sign on only one building
indicating auto body repair services.
3. With the exception of one (1) speaker on only one building located upon the
real estate described in Exhibit "02" and pointed southwest, no speakers or
other components of a public address system shall be located on the western
or northern sides of any building or other structure on the Eastern Parcel.
4. The use ofwalkie talkies, beepers or other wireless technology shall strongly
be encouraged by the owners of any businesses located on the Eastern Parcel.
Other than as necessary to cut grass and otherwise maintain the floodway and
other green spaces, noise levels which, at the southern boundary of the
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Williamson Run property, are loud and sustained are prohibited.
5. Any automobile dealership located on the Eastern 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.
6. 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 Randall Drive or 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 either (i) within 250 feet north by perpendicular lines off of
the center line of 96th Street or (ii) the cul-de-sac to be located in the
northern portion of the Eastern Parcel.
7. All signage located on the Eastern 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 Eastern Parcel.
8. The bed of Carmel Creek shall not be excavated or otherwise lowered from
its natural and current elevation.
9. Lighting shall be installed and used such that any light spill over at the
Williamson Run property line of the Real Estate will not exceed 0.1 foot-
candle. All exterior lights shall be significantly diminished in intensity at all
times between 10:00 p.m. and 6:30 a.m. The Owner agrees to provide the
Board of Directors of Williamson Run a copy of the Eastern Parcel's lighting
plan as soon as possible and further agrees to discuss in good faith elements
of the lighting plan.to which the Board of Directors of Williamson Run may
object.
E. Construction Restrictions.
1. During construction, materials that can be blown by the wind will be
contained and, at least weekly, construction debris will be removed from the
Real Estate and Williamson Run by the Owner and/or its contractors.
F. Liability for Breach.
1. In the event that the owner of any business within the Real Estate fails to
faithfully perform and fulfill any of its obligations set forth above, such
owner shall be liable to perform and fulfill such item.
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2. In the event that Owner fails to faithfully perform and fulfill any of its
obligations set forth above, Owner shall be liable to perform and fulfill such
item.
G. Miscellaneous. Provisions A~plicable to Commitments:
1. Bindins;z: on Successors and Assigns. These Commitments shall remain binding on
the Owner(s), unless modified or terminated in writing by both (i) the Carmel/Clay
Board of Zoning Appeals after a duly noticed public hearing and (ii) the Williamson
Run Board. Any such termination or modification of these Commitments shall be
of no force or effect until the Owner(s) consent in writing to such termination or
modification.
2. Effective Date. The Commitments contained herein shall not be effective until both
(i) the approval of any of the Applications, and (ii) the commencement of
construction pursuant to the approval of any of the Applications.
DYC REALTY, LLC, an Indiana
limited liability co y
Date: C; - 2. ""Z... -=,,:;,
STATE OF lNDIANA )
) SS:
COUNTY O~~~ )
Before me, a Notary Public, personally appeared Alan V. Young, member ofDYC Realty,
LLC," an Indiana limited liability company. who acmowledged execution of this Declaration of
Commitments for the 96th Street Auto Park.
Witness my hand and Notarial Seal this .:4 ~ day o~ J...M..L,
,2000.
My Commission Expires: O~ - \ () -0'1
~~~C\ .~
Notary Public
Residing ~J,.~
County
PPi~rR'GiA P.~ 8HEE7S
; ";.i~r;j"'''; PBb~!c~ S:sic 0f :r.~!ana
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TOM O'BRIEN CHRYSLER-PLYMOUTH,
INC.-NORTHSIDE
Date:
& /2 ZIOtJ
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By: /1'lIVlZM' 1. Di5'ut---
Thomas F. O'Brien, Vice President
STATE OF INDIANA )
) SS:
COUNTY OF I....-//I~.:.," )
Before me, a Notary Public, personally appeared Thomas F. O'Brien, a Vice President of
Tom O'Brien Chrysler-Plymouth, Inc. -Northside, who acknowledged execution of this Declaration
of Commitments for the 96th Street Auto Park.
Witness my hand and Notarial Seal this .;2;:Z day of ~ f.vr"L.( ,2000.
My Commission Expires: ~"':> ".;l.OD ( \k~ (~ {Xl oQ~
~Pubhc
Residing in mCt.A r t}i\J County D..e 6r~ ::r. WL U ~
Printed Name
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TOM WOOD, INC.
Date:
fa /),),/00
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By: ~IM
Lany Reid
STATE OF INDIANA
)
) SS:
)
COUNTY OF I./a.) 1/ I+r. -n
Before me, a Notary Public, personally appeared Larry Reid, as Vice President of Tom
Wood, Inc., who aclmowledged execution of this Declaration of Commitments for the 96th Street
Auto Park.
Witness my hand and Notarial Seal this .~:,J, ncl day of l~l i I J ( .
,2000.
My Commission Expires: [Ju }'1f 5: ,RlJD,f{
/
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L, 1) .l1t-JhH.'i.'('" C I ('"{07.(vv'l-)
Notary Public
Residing inln'){L 1,C,''-.J
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County
~A'I'1 L:;('~;i..i hi.'1' 1~"1 rC -;;: ('.-01~~ I\.
, Printed Name
Prepared By: Charles D. Frankenberger, NELSON & FRANKENBERGER, 3021 East 98th Street,
Suite 220, Indianapolis, Indiana 46280, (317) 844-0106.
F:\User\JonetlAJ Youag-96th St. Lcxus\CommitmeolBCIeaD 062200.wpd
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NcN Perimeter Description
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EXHIBIT A
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Port of the South Half of the Southeast Quarter of Section 8. Township 17 North, ~onge 4 East
in Hamilton County, Indiana, more particularly described as follows: . . _
Commencing at the Southeast comer of the Southeast Quarter of said Section 8; thence North
89 degrees 'S8 minutes 44 seconds West (assumed bearing) along the South line at said
Southeast Quarter Section 714.53 feet to the POINT OF BEGINNING; thence continuing North
89 degrees 58 minutes 44 seconds West olong said South fine 1318.37 feet: thence North 00,
degrees 08 minutes 20 'seconds East parallel with the West fine of the South Holf of said
Southeast Quarter Section 1322.73 feet to the North fine of said South Half Quarter Section; _
thence South 89 degrees 44 minutes 52 seconds East along said North line 1318.17 feet; .
thence South 00 degrees 08 minutes 20 seconds West parallel with the West line of said South
Half Quarter Section 1317.41 feet to the POINT OF BEGINNING, containing 39.953 acres.
more or less. I
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New Exception Description
A part of the South Half of the. Southeast Quarter of Section 8, Township 17 North.
Range 4 Eas~ Kamllton County, Indiana. described as foRows: . .
Commencing at the Southeast comer of said Quarter Section: thence North 89 degll"ees
58 minutes 44 seconds West 714.53 feet along the South Dne of soid Quarter Section to
the Southeast comer of the owner's land: thence North 0 degrees 08 minutes 20
seconds West 16.50 feet along .'the East line of the owner's land to the North boundary
of East 96th Street ond the point of beginning of this description: thence North 89
degrees 58 minutes 44 seconds West 1242.63 feet along the boundory of said EaSl.9~th
Street; thence North 0 degrees 01 minutes 16 seconds East 18.50 feet along said
boundary; thence North 89 degrees 58 minutes 44 seconds West 75.70 feet along said
boundary to the West fine of the owner's land: thenc~ North 0 degrees 08 minutes 20-
seconds East 38_03 feet along said West line: thence North 86 degrees 00 minutes 39
seconds East 104.86 feet; thence North 82 degrees 53 minutes 46 seconds East
201.56 feet: thence North 89 degrees 58 minutes 44 seconds East SO.OO feet; themce
South 79 degrees 46 minutes JO seconds East 254.02 feet; thence South 89 degrees
58 minutes 44 seconds East 450.00 feet; thence North 84 degrees 18 minutes 38
seconds East 150.75 feet: thence South 89 degrees 58 minutes 44 seconds East
113.75 feet to the East line of the owner's land: thence South 0 degrees 08 minuiles 20
seconds West 58.50 feet along said East nne to the point of beginning and contoiruing
1.719 acres, men or less. .
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Exhibit B
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Exhibit C
Land Description
Block A of East 96th Street Auto Park
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 comer of Tract \I as described in Instrument No. 98-
9276, recorded in the Office of the Recorder of Hamilton County. Indiana; thence North 00
degrees 08 minutes 20 seconds East along the East Une of said described land 75.00 feet to the
North right-of-way line of 96th Street as described in Instrument No. 98~ 1332, recorded in said
recorder's office (the fallowing eight (8) courses are along said North right-Of-way line); 1) thence
North 89 degrees 58 minutes 36 seconds West 113.75 feet; 2) thence South 84 degrees 18
minutes 38 seconds West 150.75 feet; 3) thence North 89 degrees 56 minutes 44 seconds West
450.00 feet; 4) thence North 79 degrees 46 minutes 30 seconds West 264.02 feet; 5) thence North
89 degrees 58 minutes 44 seconds West 10.02 feet to the POINT OF BEGINNING; 6) thence
continuing North 89 degrees .58 minutes 44 seconds West 50.00 feet; 7) thence South 82 degrees
53 minutes 46 seconds West 201.56 feet; 8) thence South 86 degrees 12 minutes 21 seconds
West 45.72 feet; thence North 00 degrees 08 mlnules 20 seconds East 1245.53 feet to the North
line of the South Half of said Southeast Quarter Section and the North line of said Tract I; thence
South 89 degrees 44 minutes 52 seconds East along said North line 322.52 feet; thence South 14
degrees 09 minutes 30 seconds West 145.61 feet: thence South 13 degrees 13 minutes 03
seconds East 127.03 feet: thence South 06 degrees 49 minutes 55 seconds West 248.08 feet:
thence South 06 degrees 21 minutes 08 seconds West 32.53 feet: thence South .00 degrees 01
minutos 16 seconds West 672.67 feet to the POINT OF BEGINNING, containing 8.255 acres,
more or less.
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Exhibit Dl
Land Description .
Lot 1 of East 9(jlb Street Auto Park
(Building 1)
Part of the South Half of the Southeast Quarter o{Section a, Township 17 North, Range 4 East In
Hamilton County, Indiana, more particularly described as follows:
"
Commencing at the Southeast comer of the Southeast Quarter of said Section a; thence North 89
degrees 58 minutes 44 second$ West (assumed bearing) along the South line of said Southeast
Quarter Section 714.53 feet to the Southeast comer of Tract II as descn"bed in Instrument No. 98.
9276, recorded in the Office of the' Recorcfer of HamiIton County, Indiana; thence North 00
deg~es 08 minutes 20 seconds East along the East line of said described land 75.00 feet to the
North right-of-way line ofSSlb Street as described in Instrument No. aa..s1332, recorded in said
. recorder's office (the foRewing $ix (6) courses are along saId North right-of-way line); 1) thence
North 89 degrees 58 minutes 3p seconds West 113.75 feet; 2) thence South"B4 degrees 18 .
. minutes 38 seconds West 150.75 feet; 3) thence North 89 degrees 58 minutes 44 seconds West ~
201.99 feet to the POlNT OF BEGINNING; 4) thence continuing North.89 degrees. 58 minutes 44
seconds West 248.01 feet; 5) ttI1ence North 79 degrees 46 mInutes 30 seconds West 254.02 feet;
6) thence North 89 degrees 58 minutes 44 seconds West 10.02 feet; thence North 00 degrees 01
minutes 16 seconds East 672.67 feet; thence North 06 degrees 21 minutes 08 seConds East "~.,
32.53 feet; thence South 89 degrees 58 minutes 44 seconds East 368.31 feet to a non-tangent. .~ '
curve to the left having a radius of 78.00 feet, the radius point of which bears South 89 degrees 58
minutes 44 seconds East; thence Southeasterly along said curve 101.98 feet to a point of . . . .
compound curve havIng a radius of3S8.00 feet. the radius point ofwhich bears North 15 degrees .
06 minutes 41 seconds East; thence Easterly along said curve 38.47 feet to a point of reverse
curve having a radius of 39.00 feet. the radius point of which bears South 09 degrees 07 minutes
18 seconds West; thence Southerly along said curie 55.15 feet to a point which bears South 89
degrees 51 minutes 40 seconds East ffom said radli.Js point; thence South 00 degree~ 08 minutes
20 seconds West 450.4.9 feet to a tangent curve to the left having a radius of 175.00 feet, the .:
radius point ofwhich bears SoUth 89 degrees 51 minutes 40 seconds East; thence Southeasterly
alqng said curve 48.74 feet to a point which bears SOuth 74 degrees 10 minutes 52 seconds West
from said radius point; thence South 15 degrees 49 minutes 08 secon~ East 64.66 feet to a
tangent alrve to the right having a radius of 125.00 feet. the radius point of \\11lch bears So~ 74
degrees 10 minutes 52 secondS West; thence Southerly along said curve 34.81 feet to a point
which bears South 89 degrees 51 minutes 40 seconds East from said raaius point; thence South
00 degrees 08 minutes 20 seconds West 12.84 feet; thence.South 45 degrees 08 minutes 20
seconds West 28.34 feet t9 thelPOINT OF BEGINNING, containing 8.311 acres, more or less.
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Exhibit D2
Land Description
Lot 2 of East 9P Street Auto Park
(BuDding 2)
Part of the South Half of the Southeast Quarter of Section 8, Township 17 North. Range 4 East in
Hamilton County, Indiana. more particularfy.descnced as foDcws:. .. .
,.
Commencing at the Southeast comer of the Southeast Quarter of said Section 8; thence North 89
degrees 58 minutes 44 seconds West (assumed bearing) along the South Dne of said Southeast
Quarter Section 714.53 feet to the Southeast comer.of Tract II as descnbed in Instrument No. Sa-
9276. recorded In the Office ofttie Recorder of Hamilton County, Indiana; thence North 00
degrees 08 minutes 20 seconds East along the East line of said descn"bed land 75.00 feet to the
North right-of-way line of 96th Street as described In Instrument No. 98-61332, recorded In said
. recorder's office and the POINT OF BEGINNING (the foUowing three (3) courses are along said
North right-of-way line); 1) thence North 89 degrees 58 minutes 36 seconds West 113.75 feet; 2}
thence South 84 degrees 18 minutes 38 seconds west 150.75 feet; 3) thence North 89 degrees
58 min.utes 44 seconds West 111.99 feet; thence North 44 degrees 51 minutes 40 seconds West
. 28.23 feet; thence North 00 degrees 08 minutes 20 seconds East 12.74 Jeetto a tangent curve to
the left: having a radius of 175.00 feet, the radius point of which bears North 89 ~egrees 51 .
minutes 40 seconds West thence Northeasterly along said curve 48.74 feet to a point which bears .
North 74 degrees 10 minutes 52!seconds East from said radius point; thence North 15 degrees 49
minutes 08 seconds West 84.66 feet to a tangent curve to the right having a radius of 125.00 feet.
the radius paint of which bears North 74 degrees 10 minutes 52 seconds East; thence Northerly
along saId curve 34.81 feet to a 1P0lnt which bears North 89 degrees 51 minutes 40 seconds West
from saId radius point; thence Nc)rth 00 degrees 08 minutes 20 seconds East 450.63 feet to ~
tangent curve to the right having B radius of 39.OQ feet. the radius point of which bears South 89
degl'ef*l 51 minutes 40 seconds East: thence Northeasterly along sai~ curve 55.06 feet to a poInt
of reverse curve having a radius of 368.00 feet, the radius point of which bears North 08 degrees
58 minutes 22 seconds West; th.nce Northeasterly along said curve 39.16 feet to a point of .
compound curve haying a r:acfius:of 18.00 feet. the radius point ofwhich bears North 15 degrees
04 minutes 09 secor1c:fs West; thence Northerly along said curve 146.16 feet to a point which bears
North 57 degrees 34 minutes 13 seconds East fTom said radius point; thence South 89 degrees 58
minutes 44 seconds East 308.64ifeet to the East One of said Tract 11 as described in said
Instrument No. 98--61332; thenC$ South 00 degrees 08 minutes 20 seconds West along said East
Dne ne.~ feet to the POINT OF BEGINNING. containing 7.250 acres, more or less. .
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Exhibit D3 - Page 1 of 2
Land Description
Lot 3 of East 9tJU1 Street Anto Park
(Future Development)
Part ?f the South Half of the Southeast Quarter of Section S~ Township 17 North, Range 4 East In -
. HamIlton County, Indiana, more particularly de~cn~.ed as follows;. . '
CommencIng ~ th~ South~ast !~~er'd th~. So~~ast Quart~r of said Section S. thence North a9
degrees 58 minutes.44 seconds West (assumed bearing) along the South line of said Southeast -
Quarter Section 714.53 feet to the Southeast comer of Tract II as descnbed In Instrument No 98-
92761 ~cortfed in' the Office cfthe Recorder'of Hamnton'County, Indiana; thence North 00 .
degrees 08 minutes 20 seconds East along the East line of said desaibed land 75.00 feet to the
. North right-of-way line of 96th street as described in Instrument No. 98-61332, recorded In said
recorder's office (tile following four (4) COU~ are along said North right-of-way fine): 1) thence
North 89 degrees 58 minutes 36 seconds West 113.75 feet; 2) thence South. 84 degrees 18
minutes 38 seconds West 150.75 feet; 3) thence North 89 degrees 58 mInUtes 44 seconds West
111.99 feet to the POINT OF BSGINNING; 4) thence continuing North 8S degrees 58 minutes 44
seconds West 90.00 feet; thence North 4S degrees 08 minutes 20 seconds East 28.34 feet;
thence North 00 degrees 08 minutes 20 seconds East 12.84 feet to a.tangent curve to the left
having a radius of 125.00 feet. fhe radius point of whIch bears North 8S degrees 51 minutes 40
seconds West; th~ce Nortilwe$terfy along said curve 34.81 feet to a p'ofnt which bears North 74
degrees 10 minutes 52 seconds East from said radius point thence North 15 degrees 49 minutes
08 seconds West 64.66 feet to a'tangent curve to the right having a radius of 175.00 feet. the
radius point of which bears Nortih 74 degrees 19 minutes S2 seconds East: thence Northerly along
said curve 48.74 feet to a pcfntwhich bears North 8S degrees 51 minutes 40 seconds West from
said radius point; thence North me degrees .08 minutes 20 seconds East 450.49 feet to a tangent
ct.lrve to the left having a radIus ioi 39.00 feet, the radius point of Which bears North 89 ~egrees 51
minutes 40 seconds West; thence Northwesterly along said curve 55.15 feet to a point of reverse .
curve having a radius of 368.oo:feet, the radius point of which bears North 09 degrees 07 minutes
.18 seconds East; thence NorthWesterly along said curve 38.47 feet to a point of compound curve
having a radius Of7aOO feet. the radius point of which bears North 15 degrees 06 minutes 41
seconds East; thence Northerly along said curve 101.98 feet to a point whIch bears North 89
degrees 58 minutes 44 seconds :West from said radius point-thence North 89 degrees 58 minutes
44 seconds West 368.31 feet; u.nce North 06 degrees 49 minutes 55 seconds East 248.08 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 North line of the South Half of said Southeast Quarter
Section and the North line of Tract I as descril')ed In said Instrument No~ S8-9276; thenes South 89
degrees 44 minutes 52 seconds least along said Ncrth One and the North line of said Tract II as
described In said Instrument No. 936.85 feet to the Northeast comer thereof; thence South 00
degrees 08 minutes 20 seconds West along the East rme of said Tract II 465.56 feet; thence North
8S degrees S8 minutes 44 seconds West 308.64 feet to a non-tangent curve to the right having a
radius 'of 78.00 feet. the radius point of which bears South 07 degrees 34 minutes 13 seconds
West; thence Southwesterly alo~ said curve 146.1 S feet to a point of compound curve having a
radius of 3SaOO feet, tne radius point of which bears North 15 degrees 04 minutes 09 seconds
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Exhibit >>3 - Paee 2 of 2
Land Description
Lot 3 of East ~p Street Auto Park
(Future Development)
.
West; thenca Southwesterly along said curve 39.16 'feet to a point of reverse curv.e having a radIus
of 39.00 feet. the radius point of which bears South OS degrees 58 minutes 22 seconds East;
thence Southerly along said curve 55.06 feet to a point which bears North 8a degrees 51 minutes
40 seconds West from said radius point: thence South 00 degrees 08 minutes 20 seconds West
450.63 feet to a tangent curve to the left having a radius of 125.00 feet. the radius point of which
bears South 89 degrees 51 minutes 40 seconds east; thence Southeasterly along said curve
34.81 feet to a point which bears South 74 degrees 10 minutes 52 seconds West from said radius
point; thence South 15 degrees 49 minutes 08 seconds East 64.66 feet to a tangent curve. to the
right having a radIus of 175.00 feet, the radius point of which bears South 74 degrees 10 minutes
52 seconds West; thence Southerly along said curve 48.74 feet to a point whIch bears South S9
degrees 51 minutes 40 seconds; East from said radius point; thence South 00 degrees 08 minutes
. 20 seconds West 12.7:4 feet; thence South 44 degrees 51 minutes 40 seconds East 2.8.23 feet to
the POINT OF BEGINNING. corltaiJ:Un9 12.196 acres. more or less.
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Exhibit E
land Description
UNorthwestem Triangular Greenway Area of the East Parcel"
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 S9utheast
Quarter Section 714.53 feet to the Southeast comer of Tract 11 as described in Instrument No. 98.
9276, recorded in the Office of the Recorder of Hamilton County, rndiana~ thence continuing along
said South line North 89 degJ'ee$ 58 minut~s 44 seconds West 1318.37 feet; thence North 00
degrees 08 mInutes 20 second~ East 1322.73 to a point on the North fine of the South Half of said
Southeast Quarter: thence South 89 degrees 54 minutes 22 seconds East along said Norlh 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; then.ce North 14 degrees 09 minutes 30 seconds East 145.61 feet to the POINT OF
BEGINNING. containing 2.03 acres, more or less.
N
TITLE.
S 89'44'520 E
s.E. 1/4, SEC. 8, T.17N,. R.4E.../ 4IS.sS'
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IWIlt!aI .. - SEm:lI a
r.c." SIIll: tal
S 89"<<'52. E
381.52'
NORlH LINe. s. 1/
5/a' RESAA WjrA ~
STAMPED "S00S3- FOtIJD
M' VI. & 0.2' So
5/8' REBA.~ FOUND
2.11 W. & 0.6' S.
5/8" RmAR wIt>> STAMPED :e
SCHHOOER ENG: rOUNa
3.2' E. It: 0.2' S.
P.O.a.
...,
l;a~
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N 8S'SSoH- W
SOUTH lINE. SI. 1/4. SEC, S. T,I7H, R.4E../
S.W. COR., s.t 1/4.
SEe. 8; T.17N., R.4t
NtW HARRISON 1dON. roUND
NO Rf.FERtNCE nES
ARr STIU. REWJNING
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88633.0 SQ. FT,
2.03 ACRES
s.E. COR.. s.E. 1/4.
SEe: 8, T.l7N.. R.4t
NEW HARRISON YON. roUND
IN NEW CONe. PAVEMENT
fIT tlAUllTDN COUNTY
SURVEYOR REFERENCE liES
N 90'00'00' 'II (D.)
N 89'58'44" VI ~)
1318.37' 714.5.3' (0. Ie Mo)
roUND SlEfL PLUG IN BOX
0.1' S. or SEe. LINE
-
Dale:
06-19-00
SCALE:
1"-100'
PROJECT NO:
9704-95- 2000
GREEN'W A Y AREA
PAUL I. CRIP'E~' IN'C'.~
7172 GRAHAM ROAD
.., ARCHITECTURE' .'
. CIVIL ENGINEERS
. LANDSCAPE ARCHITECTURE
. LAND PLANNINO
..~
. ;
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FIRST AMENDMENT TO
THE DECLARATION OF COMMITMENTS
FOR THE 96TH STREET AUTO PARK
This FIRST AMENDMEN TO THE DECLARATION OF COMMITMENTS FOR
THE 96TH STREET AUTO PARK (this "Amendment") is hereby entered into by and among
DYC REALTY, LLC, an Indiana limited liability company, ("DYC") O'BRIEN HOLDINGS,
LLC, an Indiana limited liability company, ("O'Brien") WOOD AUTO PARK, LLC, an Indiana
limited liability company, ("Wood") TAB INVESTMENTS, LLC, an Indiana limited liability
company, ("TAB") WLS REAL ESTATE ENTERPRISES, LLC, an Indiana limited liability
company, ("WLS") and 3ML, LLC, an Indiana limited liability company, ("3ML") (DYC, O'Brien,
Wood, TAB, WLS, and 3ML are hereinafter, collectively, referred to as the "Owners") agree to
amend that certain DECLARATION OF COMMITMENTS FOR THE 96TH STREET AUTO
PARK dated June 22, 2000, by and among the Owners, recorded on September 28, 2000, as
Instrument No. 200000048615 in Hamilton County, Indiana (the "Declaration of Commitments") by
this Amendment as provided for herein, and WILLIAMSON RUN HOMEOWNERS
ASSOCIATION, INC., an Indiana nonprofit corporation, (the "Association") hereby consents to
this Amendment.
1. AMENDMENT. Section (B)(3) of the Declaration of Commitments shall be
amended and restated in its entirety as follows:
The hours during which businesses within the Western Parcel are open to the public
shall be restricted to the hours between 7 :00 a.m. and 7 :00 p.m., provided, however,
that the owners or employees of such businesses shall not be prohibited from
working in buildings within the Western Parcel before 7:00 a.m. or after 7:00 p.m.
Businesses shall not be prohibited from providing unscheduled, non-routine and
irregular emergency medical and/or emergency veterinary services, as is necessary
for the urgent care of the businesses' patients, before 7:00 a.m. or after 7:00 p.m.
2. CONDITIONS PRECEDENT. As conditions precedent to the effectiveness of this
Amendment, each party hereto shall provide the following contemporaneously with execution and
delivery of this Amendment, each duly executed and dated:
(i) This Amendment;
(ii) Resolutions of each party authorizing the execution, delivery and
performance, respectively, of this Amendment;
(iii) Such other documents as may be deemed reasonably necessary to effectuate
this Amendment.
Page 1 of 6
Ex- &
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(,)
. .
3. EFFECT OF AMENDMENT. The provisions contained herein shall serve to
supplement and amend the provisions of the Declaration of Commitments. To the extent that the
terms of this Amendment conflict with the terms of the Declaration of Commitments, the provisions
of this Amendment shall control in all respects.
4. REAFFIRMATION. Except as expressly amended by this Amendment, all of the
terms and conditions of the Declaration of Commitments shall remain in full force and effect as
originally written and as may have been previously amended.
5. COUNTERPARTS. This Amendment may be executed in any number of
cOWlterparts, 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 Association by their respective duly
authorized representatives have executed and delivered in Indiana this First Amendment to the
Declaration of Commitments for the 96th Street Auto Park as of the 1 st day of April, 2005.
THE OWNERS:
Date:
A ~5LJ
DYC REALTY, LLC, an Indiana limited
liability com
\ 2(0)
I
By:
STATE OF INDIANA )
, 1..-."". 1 L1 ss:
COUNTYOF~~
My Commission EXP~~ ~ ~2"l.l6)t\
COWlty of Residence: x... y "J
Printed Name
......l.~.;:'...~
.~~!!,...~,
(~:f))
LOREnA TAYLOR
Marion County
My Commission Expires
July 29. 2009
Page 2 of6
-,
. .
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.. .::.
Date:
e Ie / OS
O'BRIEN HOLDINGS, LLC, an Indiana
limited liability company,
By: ~~ 1 o~~
1lvmJl,.s f. (J }3(')~ M~
(printed name' and titl~
STATE OF INDIANA )
) SS:
COUNTY OF 1/AIr1ll.IV,IlJ )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared ~lIIih6 f. I)' ~r;~ . the 'lIf of O'BRIEN
HOLDINGS, LLC, an Indiana limited liability company, ,w such au .' ed re entative
ac wledged the execution Of the' foreg<.lifig . on' bch'rof ::.aict cor . day of.
2005.
Printed Name
My Commission Expires: '7- / 3--~
COlmty of Residence: 7YI(}..~ _)
~-
WOOD AUTO PARK, LLC, an Indiana
limited liability company,
Date:
1-- r ~tJS
By: ~VJ.Ll
LA- Y V. JlEJI/ /YJr1Nl'6cfC
(Printed name &nd title)
STATE OF INDIANA )
Y2 ) SS:
COUNTY OF #0,,1/ I tJN)
_ ,..-
Before me the undersigned, a Notary Public in and for said County and State, personally
appearedk ~ YI-!.L.f4 , the /J7t1AJn;t~ of WOOD AUTO
PARK, LLC;': _ Indiana limited liability company, who such authorized ~x:e~c;ntative
ac oY~ledged.J...'1e"~_xecution of the foregoing on behalf of said corporation this '..C!2tday of
. .c:\, 2005. . '<'.1 ~ lttA
'0 VAL.. tflI~
- N~w;y Publi . "J_ L
u } tR 1II..l!l U 7 ql tJ it tu-<--r'
Printed Nam
My Co~ssion Expires: ! ~tJ ~
County of Residence: ~ I
Page 3 of6
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TAB INVESTMENTS,
limited lia . m
Date:
A 1.<5" J \ I 200,)-
By:
STATE OF INDIANA )
\\M SS'
COUNTY OF b\:1\1\ ' .
B
~".'I.;I"""~I
~>!'...~.
(;,;f))
LORETTA TAYLOR
Marion County
My Commission Expires
July 29, 20 9
cA
My CommlsslOn X
County of Residence:
WLS REAL ESTATE ENTERPRISES,
LLC, an Indiana limited liability company,
Date:
au ~.J
20 . 7..00 )'
,
By:~if~
Wa Ztl\ c.. k t.Ue.t'a--lY
(printed name and tit~)
STATE OF INDIANA
COUNTY OF ~(lMU \m
)
) ss:
)
My Commission Expir1i~1)C1
County of Residence: l
Be ore me the undersigned, a Notary Public in and for said County and State, personally
appeared . the _()rp<;\denl" of WLS REAL
ESTATE ENTERPRISES, LC, an Indiana limited liability company, who as such authorized
represen~ve acknowledged the execution of the foregoing on behalf of said corporation this 30m
day of ~1,* ,2005. ~ ~I) 0
Not;uy Public ~ ~
S\mu :.-:J 17lo Y\ if
Printed Name \"\nml,,,
~,,'\\ "O!::!.~EG""~,
~ 0 ....:.iOM EJ/;,....~.p ":.
... _ '.~vr ~)i~-:
~ oS!'" ~
.... ~ .0 4t..
= ~:o "rJII 2' ",,-
.. :>-~ #'!.. :$: ~ =
-. . I, ..,
~cJ). .....-
~ \ if./)::
~ -..ii .$;1 · ~
, A :'.!'IlPON edl....-... u ~
" 'YO ........... 0..';;' :0..""
"'1: U\RV ?\JY \"",
""" II' ,,\\\
Page 4 of6
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3ML, LLC, an Indiana limited liability
company,
Date:
?/ ~./os"
By:
~.
8NAN A. ~'IJ -- , ~,,.,DtJt'
(printed name and title)
STATEOFINDlANA )
) SS:
COUNTY OF f.-(anliNVl) )
Before me the un~~rsigned, a Notary Public in and for said County and State, personally
appeared lJxKlt'\~. 0tu/ ,the r11unlur of3MLLLC, an Indiana
limited liability company, who as such authorized representative acknowledge the execution of the
foregomg-onbenalf-ofsaiacoIj>ofation th:is~oa:fo- "J- .t'-'-.--=--.'r---" :. .',2005-;' --- .---
" ,
",""11'",
",\ \"CKl } "''-
....' ....... . "" ,..
,~ .. _. '" ~ r.
.:- .....c.OMMI$.r......,.~ ~
... "'0\,. "'" :fo .. L.- ,
.:- I~ 10 0.. '" \ ~ ~
- ....(.1, ''''',I> ~. z -
= ~ I ~ '(I( ".,. >cj Vt =
: ~ \"" -"'1":11 ;
-:. ~ ...YJ- ~ fa"'i ~
~ 0,"- ~ $
~ ~~.. ~
"'"INDIA"'''' ",,,,
III'"n,\'\\
My Commissi~n Expires: rn~ 3. ~Ol~
County of Residence: i1am~, hin
. . . fl'HIS.SP ACE LEET INTENTION ALL YBLANKJ
Page 5 of6
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CONSENT BY THE ASSOCIATION:
WILLIAMSON RUN HOMEOWNERS
ASSOCIATION, INC., an Indiana nonprofit
corporation,
Date:
...----
r...-~-..:>\
By:
,
,-' (' - ")
L'~' c :> ~ C'--'
Al Silver, President
STATE OF INDIANA )
~ )SS:
COUNTY OF /-1# ; L 1:-4'
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Al Silver, the President of WILLIAMSON RUN HOMEOWNERS ASSOCIATION,
INC., an Indiana nonprofit corporation, who as such authorized representative acknowledged the
execution of the foregoing on behalf of said corporation this 3rd day of May, 20
NO~ublicd
r /io~ ~~C;
Printed Name
My Commission Expires: ~,q ..- ..201"2-
County of Residence: I' -4M1: L-~ C/dfV
"--- ... "-: ." - - "_..... --' - "
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-""I"'~f:,~~~:.
THIS DOCUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: P. Adam Davis,
Davis & Sarbinoff, LLP, 9765 Randall Drive, Suite F, Indianapolis, Indiana 46280 (317) 569-1296.
Page 6 of6