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June 19,2001
Carmel/Clay Plan Commission Agenda
CARMEL/CLAY PLAN COMMISSION
June 19, 2001- DEPARTMENT REPORT
lli. Docket No. 47-01 CA; The Retreat
Petitioner seeks Commitment Amendment approval to revise the approved Preliminary
Site Plan and No Build Zone. The site is located north ofI-465 and west of Westfield
Blvd. The site is zoned R-4 Residential.
Filed by Harry F. Todd of Gibraltar Properties for Gibraltar Properties, Inc.
The petitioner is requesting approval to amend Item 3(A) of the Commitments (Instrument No.
199909957849) made attendant to Docket No. 36-99 Z. The commitment holds the applicant to
develop the site in compliance with the Site Plan filed in conjunction with the aforementioned
petition. The petitioner seeks approval to make the following changes:
1. A minor revision to the building layout along the northern boundary of the site to
eliminate the need to install a retaining wall. This allows the petitioner to retain the natural slope
and complies with a request made by the Technical Advisory Committee.
2. Eliminate the path around the lake. The Army Corps of Engineers has identified areas on
both the north and south banks of the lake as pre-emergent wetlands. Installation of the path
would disturb these areas.
3. Relocate the tennis courts, revise the clubhouse site plan, and eliminate the pier. Tennis
courts originally shown adjacent to the Monon Greenway have been relocated to the north side of
the clubhouse. Placement of the tennis courts in proximity to the clubhouse necessitated the
relocation ofthe swimming pool to the west side of the clubhouse. The elimination of the pier
was made due to liability concerns.
4. A maintenance building has been included along the southern edge of the project. The
shed as currently located encroaches into the ISO-foot no-build zone established parallel to 1-465.
The petitioner further requests approval to amend Item 3(1) ofthe Commitments in order to
redescribe the ISO-foot no-build zone around the maintenance building.
The Committee voted 7-0 to return Commitment Amendment numbers 1,3, and 4 back to the
Plan Commission with a favorable recommendation. Commitment amendment number 1 and 3
were without conditions. The recommendation on number 4 includes the attached commitment
concerning the locating of the maintenance building. Mr. Molitor is reviewing this commitment
for proper form and will deliver comments at the meeting.
The Department recommends approval of these three commitment amendments.
The other amendment, number 2 above, will be discussed at the next committee meeting.
Page 14
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
317/571-2417
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By facsimile and
first class mail
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June 11, 2001
John R. Molitor
Molitor, Grisham & Hester, P.A.
11711 N. Meridian Street, Suite 200
Carmel, IN 46032
Re: Carmel/Clay Plan Commission
Docket No. 47-01CA: The Retreat
Dear John:
Pursuant to the Department of Community Services' June 5, 2001
recommendation, the Special Studies Committee asked me to prepare the enclosed draft
Commitments Concerning the Use and Development of Real Estate for your review.
After you have an opportunity to review the enclosed draft, please call me with any
corrections, revisions or questions related to the Commitments.
Thank you for your anticipated assistance and cooperation. I look forward to
hearing from you.
With best regards,
~11JJ
Harry F. Todd
General Counsel
HFT /nd
Enclosure
cc: John Dobosiewicz (w/encl)
Gibraltar Properties, Inc. · 3815 River Crossing Parkway, Suite 350 · Indianapolis, Indiana 46240
Phone 317 816-9000. Fax 317 816-9001
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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
OPI at Carmel, L.P. (hereafter, "Owner"), the owner of the real estate located in Hamilton
County, Indiana, and described in Exhibit "A" hereto (hereafter, the "Real Estate"), makes the
following Commitments to the Cami.el Plan Commission (hereafter, the "Commission").
1. Description of Real Estate.
A. See Exhibit "A" (Legal Description)
B. See Exhibit "B" (Pictorial Description
2. Docket No. 47-01 CA
3. Statement of Commitments:
A. In consideration of the Commission permIttmg the Owner to complete
construction of its maintenance building in the location shown on Exhibit "B"
attached hereto, the Owner commits that should Hamilton County, Indiana, the
City of Carmel, Indiana, or any successor governmental agency require the
removal of the maintenance building in order to utilize the 150 foot no-build
zone referenced in Commitment 3(1) of the Prior- Commitments described in
Section 8 below, that the Owner will remove the maintenance building at the
Owner's sole cost and expense, and such governmental agency shall not be
liable for any cost, damages or other compensation that might otherwise be due
to the Owner relating to such removal.
B. The Owner further commits that the maintenance building to be constructed on
the Real Estate will be constructed of brick and cedar siding or hardy plank
siding.
C. The Owner further commits to landscape the rear of the maintenance building
with blue spruce trees.
4. BindinJ! on Successors and AssiJ!ns: These Commitments are binding on the Owner of
the Real Estate, each subsequent owner of the Real Estate, and each other person acquiring an interest
in the Real Estate, unless modified or terminated by the Commission. These Commitments may be
1
5. modified or terminated only by a decision of the Commission made at a public hearing
after notice as provided by the rules of the Commission.
6. Effective Date: The Commitments contained herein shall be effective upon approval by
the Commission in Docket No. 47-01CA of the Owner's Petition to Modify Commitments relating to
the maintenance building.
7. Recording: The undersigned hereby authorizes the Secretary of the Commission to
record these Commitments in the Office of the Recorder of Hamilton County, Indiana, following the
Effective Date.
8. Enforcement: The Commitments may be enforced by the Commission and the City of
Carmel, Indiana.
9. Prior Commitments: These Commitments amend and modify the Commitments
Concerning the Use and Development of Real Estate dated May 25, 1999, filed with the Department of
Community Services under Docket No. 36-99Z, and recorded on October 4, 1999, in the Office of the
Recorder of Hamilton County, Indiana, as Instrument No. 1999-09957849.
Executed this _ day of June, 2001.
GPI at Carmel, L.P. by its general
partner Gibraltar Properties, Inc.
By:
John M. Hennessey
Treasurer
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a l'fotary Public in and for said County and State, personally appeared John M.
Hennessey, the Treasurer of Gibraltar Properties, Inc., an Indiana corporation and the sole general
partner of GPI at Carmel, L.P., an Indiana limited partnership, who acknowledged the execution of the
foregoing Commitments on behalf of said corporation and partnership.
WITNESS my hand and Notarial Seal this _ day of June, 2001.
Dorothy Nan D'Orso
Notary Public
My Commission expires: June 28,2001
My county of residence: Marion
This instrument prepared by Harry F. Todd, Attorney at Law, 3815 River Crossing Parkway, Suite
350, Indianapolis, IN 46240
2
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"File No.: 992387
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" EXHIBIT A
The South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3 East, containing 80
acres (82.295 acres, measured), more or less, in Hamilton County, Indiana, excepting therefrom the
following described real estate:
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3 East in
Hamilton County, Indiana, described as follows:
Beginning on the West boundary of State Road 431, North 00 degrees 19 minutes 25 seconds West
(North 00 degrees 16 minutes 27 seconds West measured, assumed bearing) 365.30 feet (along the East
line of said Quarter Section) and South 89 degrees 40 minutes 35 seconds West 35.00 feet (South 89
degrees 43 minutes 33 seconds West 46.50 feet, measured) from the Southeast corner of said Half.
Quarter Section; thence South 00 degrees 19 minutes 25 seconds East 297.00 feet (South 00 degrees 24
minutes 05 seconds West 297.32 feet, measured) along the West boundary of State Road 431; thence
South 42 degrees 06 minutes 58 seconds West 43.893 feet (South 30 degrees 54 minutes 07 seconds
West 43.65 feet, measured) along the West boundary of State Road 431; thence North 04 degrees 49
minutes 07 seconds East 330.75 feet (North 04 degrees 11 minutes 10 seconds East 335.67 feet,
measured) to the point of beginning and containing 0.101 acre (0.076 acre, measured), more or less.
Also except, a part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range
3 East, in Hamilton County, Indiana, described as follows: Beginning on the East boundary of the
Monon Railroad, North 00 degrees 15 minutes 55 seconds West 278.69 feet (along the West line of said
Half-Quarter Section) and North 89 degrees 44 minutes 05 seconds East 33.00 feet from the Southwest
corner of said Half-Quarter Section; thence North 00 degrees 15 minutes 55 seconds West 417.30 feet
along the East boundary of the Monon Railroad; thence South 69 degrees 2.5 minutes 35 seconds East
464.72 feet; thence South 66 degrees 52 minutes 54 seconds East 450.44 feet; thence South 63 degrees
4.2 minutes 57 seconds East 452.24 feet; thence South 69 degre.es 25 minutes.35 secopds East 430.34 feet
(442.69 feet, measured) to the North boundary of 96th Street; thence North 89 degrees 32 minutes 45
seconds West (North 89 degrees 26 minutes 54 seconds West, measured) 848.44:feet along the North
boundary of 96th Street, thence North 72 degrees 12 minutes 08 seconds West 684.45 feet (North 72
degrees 16 minutes 02 seconds West 696.39 feet, measured); thence North 69 degrees 25 minutes 35
seconds West 166.26 feet to the point of beginning and containing 10.657 acres (10.749 acres,
measured), more or less. The above described real estate contains a net acreage of 71.470 acres, more or
less.
Page 1 of 4
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EXCEPT:
Parcel 1 (park parcel)
A part of the Southeast Quarter of Section 12, Township 17 North, Range 3 East, Hamilton
County, Indiana, being more particularly described as follows:
Beginning at the southeast comer of the Southeast Quarter of Section 12, Township 17 North,
Range 3 East, Hamilton County, Indiana; thence North 00 degrees 16 minutes 27 seconds West
(assumed bearing) on the east line of said Southeast Quarter 395.46 feet; thence North 89 degrees
26 minutes 53 seconds West parallel with the south line of said Southeast Quarter 507.14 feet;
thence South 00 degrees 16 minutes 27 seconds East parallel with said east line 395.46 feet to the
south line of said Southeast Quarter; thence South 89 degrees 26 minutes 53 seconds East on said
south line 507.14 feet to the point of beginning, containing 4.604 acres, more or less.
EXCEPTING THEREFROM the real estate described as Parcel67A for Project 1-465-4(128)127
in Book 167, pages 908-910 in the Office of the Recorder of Hamilton County, Indiana, and
being more particularly described as follows:
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3
East, in Clay Township, Hamilton County, Indiana, described as follows:
Beginning on the West boundary of State Road 431, North 00 degrees 19 minutes 25 seconds
West (North 00 degrees 16 minutes 27 seconds West measured, assumed bearing) 365.30 feet
(along the East line of said Quarter Section) and South 89 degrees 40 minutes 35 seconds West
35.00 feet (South 89 degrees 43 minutes 33 seconds West 46.50 feet, measured) from the
Southeast comer of said Half-Quarter Section; thence South 00 degrees 19 minutes 25 seconds
East 297.00 feet (South 00 degrees 24 minutes 05 seconds West 297.32 feet, measured) along the
West boundary of State Road 431; thence South 42 degrees 06 minutes 58 seconds West 43.93
feet (South 30 degrees 54 minutes 07 seconds West 43.65 feet, measured) along the West
boundary of State Road 431; thence North 04 degrees 49 minutes 07 seconds East 330.75 feet›(North 04 degrees 11 minutes 10 seconds East 335.67 feet, measured) to the point of beginning
and containing 0.10 I acres (0.076 acre, measured), more or less.
Page 2 of 4
AND ALSO EXCEPT:
Parcel 2 (trailhead parcel)
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3
East, Hamilton County, Indiana, and being a part of the real estate described in Deed Book 330,
pages 631-632, in the Office of the Recorder of Hamilton County, Indiana, and being more
particularly described as follows:
Commencing at the southwest comer of the Southeast Quarter of Section 12, Township 17
North, Range 3 East, Hamilton Comity, Indiana, and being more particularly described as
follows: .
Commencing at the southwest corner of the Southeast Quarter of Section 12, Township 17
North, Range 3 East, Hamilton County, Indiana; thence South 89 degrees 26 minutes 54 seconds
East on the south line of said Southeast Quarter a distance of 33.00 feet to a point on the easterly
right-of-way line of the Monon Railroad, said point also being the Point of Beginning of the
herein described real estate; thence continuing South 89 degrees26 minutes 54 seconds East on
said south line a distance. of 870.94 feet to a point on the prolongation of the southwesterly line
of Parcel 67 Limited Access Right-of-Way for Project 1-465-4(128) .127 as described in Book
167, page 908-910, in the Office of the Recorder of Hamilton County, Indiana; thence the
following two calls along the perimeter of said Parcel: 1.) North "72 degrees 16 minutes 03
seconds West 752.27 feet; 2.) North 69 degrees 25 mihutes 35 seconds West 166.26 feet to a
point on said easterly right-of-way line; thence South 00 degrees 15 minutes 55 seconds East on
said right-of-way line and parallel with the west line of said Southeast Quarter 279.16 feet to the
Point of Beginning, containing 2.719 acres, more or less.
Page 3 of 4
AND ALSO EXCEPt:
Part of the Southeast "Quarter of Section 12, Township 17 North, Range 3 East in Clay
Township, Hamilton County, Indiana, and more particularly described as follows:
Beginning at the Southwest Corner of the Southeast Quarter of said Section 12; thence
North 00 degrees 15 minutes 55 seconds West (deed bearing) 278.69 feet along the West
line of said Quarter Section, also being the centerline of the Monon Railroad; thence South
89 degrees 44 minutes 05 seconds East 33.00 feet; thence South 00 degrees 15 minutes
55 seconds East 279.16 feet to the South line of said Quarter Section; thence North 89
degrees 26 minutes 53 seconds West'33.00 feet along said South line to the Point of
Beginning and containing 0.211 acres, more or less.
Also commencing at the Southw~st Corner; of the Southeast Quarter of said Section 12;
thence North 00 degrees 15 minutes 55 seconds West (deed bearing) 695.99 feet along
the West line of said Quarter Section, also being the centerline of the Monon Railroad to
the Point of Beginning: Thence continuing North 00 degrees 15 minutes 55 seconds West
640.86 feet along said West line to the North line of the owners' land; thence South 89
degrees 29 minutes 43 seconds East 33.00 feet along said North line; thence South 00
degrees 15 minutes 55 seconds East 640.41 feet; thence South 89 degrees 44 minutes
05 seconds West 33.00 feet to the Point of Beginning and containing 0.485 acres, more
or less.
Page 4 of 4
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