HomeMy WebLinkAboutCommitments - RECORDED
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JM~ 25 2002
DOCS
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COMMITMENTS CONCERNING
THE USE AND
DEVELOPMENT OF REAL ESTATE
D. Young Chevrolet, LLC ("Dan Young") and Young Realty Co., L.P. ("Young Realty")
make the following commitments ("Commitments") to the Plan Commission for the City of Carmel,
Indiana, and Clay Township, Indiana (the "Commission"):
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1. Description of Real Estate. The real estate is legally described on Exhib~t A (the "Real
Estate"). :!
2. Docket Number. 46-01-ADLS.
3. Commitments Concerning Pole Signs. Within forty-five days after the occurrence of all of
the following events, all pole signs will be removed from the real estate:
(a) ADLS approval under Docket No. 46-01-ADLS and the issuance ofa building permit
in connection therewith; and
(b) The approval by the Board of Zoning Appeals (the "BZA") of sign variance requests
. underDocketNos. V-77-01, V-78-01, V-79-01, V-SO-Ol, V-SI-Ol, V-82-01, V-83-
01 V-84-01 V-85-0l V-86-01 V-87-01 V-88-01 and V-89-01' and
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(c) The installation of anyone sign in accordance with the approval of any docket
number specified in 3(c) above.
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4. Commitment ConcemingDedication. The existing Thoroughfare Plan calls for a 75 foot 1/2
right-of-way width for 9()fh Street. Concurrent with the issuance of a building permit and the
commencement of construction in accordance with ADLS approval under Docket No.
46-01-ADLS, Dan Young and Young Realty will cause to be dedicated thatpart of the Real
Estate necessary to widen the existing north one-half of 96th Street, along the Real Estate, to
the one-half(1/2) right-of-way width of seventy-five (75) feet specified in the Thoroughfare
Plan. This area to be. dedicated is illustrated by cross-hatching on Exhibit "B" .
D. YOUNG CHEVROLET, LLC .
an Indiana limite . ability company
YOUNG REALTY CO., L.P.
an Indiana limited partnership
BY:~~~-#
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Date: -:r lo.~ \ f-] I .2 C7 (} L
200200005142
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
01-16-2002 10:27 am.
MISC 15.00
By:
Date:
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STATE OF INDIANA )
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COUNTY 0 ~~
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BEFORE ME, a Notary Public in and for said County and State, personally appeared AI
Young, Member of D. Young Chevrolet, LLC, an Indiana limited liability company, who
acknowledged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal thi.a day of H ' 2001.
MyCommission~ires, ~~~
. r~-27.-t:J7 Notary Public - Signatur~ .
Residi~g i~unty /l.AI /I L 11 OGLE
Printed Name
STATE OF INDIANA )
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COUNTY 0 .
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BEFORE ME, a NO~liC in and for oaid County and State, personally appeared
J c. "'I \<. c::. ~ -e btl V d. the !Yl ~'" "1 e.... ofY oung Realty Co., L.P., an Indiana
limited partnership, who acknowledged the execution of the foregoing Commitments.
~~ WITNESS my hand and Notarial Seal this LZ. day of ~ ' 2001.
// ~.
MyCommission~' L~~ ~
d.-27-LJ // NotaryPublic- Signature
ReSidingi~ounty /lJl# L., DGLe
Printed Name
This Instrument Prepared By: Charles D. Frankenberger, NELSON & FRANKENBERGER,
3021 East 98th Street, Suite 220, Indianapolis, IN 46280. 0
F:\Uaer\Jsnet\Dan Y0UD8 Chevy\Commitments.wpd
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Part of the South flalf of the Southeast Quarter of Section 7, TownNhil~ 17
North, l4nge 4 East of the Second Pancipal Merldian in Clay Township,
r lamilton Co~ty, Indiana, desCrIbed as follows:
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Commencing at the Southeast comer of the South Half of the SouthL'a~t
Quarter of Section 7, Township 17 North, Range 4 East of the Second
Principal ~Ieridian, in Hamilton County, Indiana; thence North 00 degrecs 04
minutes 29 secan.ds Rast (assumed beatin~ on the East line of said Southc:ast
Quarter 331.66 feet to the PLACE OF BEGlNNlN.G of the widlin
d~cribcd real estatc; tlience North 89 degrees 57 minutes 00 sccnnds \VL'St
parallel with the South line of said Southeast Quarter 162.33 fi.'Ct; thence
North 00 degrees 04 minutes 29 seconds East paallel with th~ East linc of
said Southeast"Quarter 83.34 feet; thence North 89 degrees 57 minutt.'S 00 .
seconds .West pa.ra11el with said South line 209.62 feet; thence North 00
degrees 04 minutes 29 seconds East parallel with said East line 145.~0 feet; .
thence North 89 degrees 57 minutes 00 seconds West pamllel with said South
line 101.00 feet; thence South 00 degrees 04 minutes 29 seconds West parallel
with said East line 560.00 feet to the South line of said Southeast Quarter;
thence North 89 degrees 57 minutes 00 seconds West on the South 1ine ()f
sai~ Southeast Quarter ~11.97 feet to a point that is 437.00 feet South 89
degrees 57 minutes 00 seconds East from the Southwest comer of the East
r falf of said Southeast Quarter; thence North 00 degrees 03 minutes 00 .
seconds 240.00 feet; thence North 89 degrees 57 minutes 00 seconds W cst
parallel.with said South line 263.17 ~eet to the Easterly Limircd Access Right-
of-Way line of Indiana State Road No. 431 (known loalIy as KeYstone
Avenue); thence North 00 degrees 00 minutes 00 seconds' East on said
J.imited Ac~ess Right-of-Way line 584.18 feet; thence South 89 degn.'CS 53
minutes 32 s~onds East 1148.96 feet to a stone with a cCaoss" on the I ~ast
line of said Southeast Quarter that is 823.02 feet North 00 degrees 04 minuteS
29 seconds East of the Southeast comer of said Southeast Quarter; th(.'flce
South 00 degrees 04 minutes 29 seconds West on said East line 491.36 feet to
the place of beginning, containing 15.733 acrest more or less. :
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Subject to all legal easements and rights-of-way.
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EXHIBIT
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