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Home My WebLink AboutCommitments - Recorded DEC-05-2001 WED 10:38 AM COOTS HENKE & WHEELER (j) FAX NO. 3175735385 P. 02/04 '} u s-a-c::::lICA 5"1-01 A'Dt..S AHe1J]) 143'1 ~1Je- tJAylEA"&" { CROSS REF: INST. ## D.R. ##, Page ## 200 1 Q001177R9 d 1'" Filed foY' ecor HAMILTON COUNTV, INDIANA MARV L CtARK 11-29-2001 01:4& pI. MISe 13.00 Commitments Attendant to Commitment Amendment and ADLS Amendment Approval of Docket Nos. 50-01 CA & 51-01 ADLS Amend (1437 Keystone Way East, Carmel, IN 46032) James F. Singleton (hereinafter, "Applicant"), owner of the Real Property located at 1437 Keystone Way East, Cannel, Indiana, makes the following Commitments to the City of Cannel & Clay Township Plan Commission: Description of Real Estate: See attached Exhibit A (hereinafter, "Real Property") Statement of Commitments: 1. At such time as either a) the current Tenant (Car-X Muffler & Brakes) renews its existing lease and consents to the exterior remodeling, or b) a new Tenant and/or Tenants enter(s) into a lease for all or part of the 7200-square-foot western section of the Principal Building located on the Real Property, the Applicant shall submit an ADLS Amendment application in conformity with 51-01 ADLS Amendment to the Director of the Department of Community Services for approval by a committee of the Carmel/Clay Plan Commission. 2. The Architectural Design of the aforementioned western section of the Principal Building shall be in compliance with the ADLS Amendment approval granted by the Cannel Clay Plan Commission per Docket Nos. 50-01 CA & 51-01 ADLS Amend. 3. The Applicant understands that the representations made above will survive the ownership of the Real Property. The Applicant will make the requirements above an integral part of any agreement to sell the Real Property. Binding on Heirs, Successors and Assigns. These commitments are binding on the owners of the Real Property, each subsequent owner of the Real Property, and each person acquiring interest in the Real Property, unless modified or terminated by the governmental authority authorized to modify. ~ DEC-05-2001 WED 10:38 AM COOTS HENKE & WHEELER o FAX NO. 3175735385 o P. 03/04 ~ 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. These commitments may be enforced by the Carmel/Clay Plan Commission, the muni Services, and/or the City of Carmel, Indiana. Cee- , 200 I. Title: 6J()J ~ ST ATE OF INDIANA, COUNTY OF HAMILTON: BEFORE ME, a notary public in and for said County and State, personally appeared James F. Singleton, the Owner of the Real Property, who acknowledged the execution of the foregoing Commitments. tarial Seal this ~ day of -7f-~ <" ,2001. Notary Public, State ofIndiana, Printed: ~ Residing in~~ County. My Commission Expires: ,t;J, /7 - doC7~ Prepared in accordance with lhe CarmeVClay Plan Commission's approval of Docket Nos. 51-01 CA & 51-01 ADLS Amend. Prepared by E. Davis Coots of Coots. Henke & Wheeler. P.C. P:\EDC\VicLOB Commitments 1141Q8 -, DEC-05-2001 WED 10:38 AM COOTS HENKE & WHEELER (.J) FAX NO. 3175735385 U P. 04/04 .. 1 Parcel 3: Part of the South Balf of Section 31, Township 18 North, Range 4 East, Hamilton county, Indiana, more particularly described as follows: Commencing at th~ Southwest corner of said Section1 thence North 89 degrees 50 minutes.lS seconds East (assumed bearing) along the South line of said Sec- .tlon, 2847.20 fe'et; thence North 00 degrees 10 min- utes 00 seconds West 19.00 feet t.o tne' North r ight- of-way line of 116th Street; thence North 75 degrees 16' minutes 00 seconds East along said North right-of- way line 103.30 feet; thence North 89 degrees 01 minutes 00 seconds East along said North right-of-way line 200.85 feet; thence North 00 degrees 09 minutes 45 seconds West 215.~5 feet to the Point of Beginning of Parcel Three1 thence North 89 degrees 50 minutes 15 .seconds East 137.02 feet to the beginning of a tangent curve which has a 28.64789 degree curve to the left, the radius point of said curve being North 00 degrees 09 minutes 45 seconds West 200.00 feet; thence 311.21 feet along said curve to the Point of ~angencythereof, the radius point of said curve being North 89 degrees 19 minutes 00 seconds West .200.00 feet from said point1 thence North 00 degrees 41 minutes 00 seconds East 17.46 feet to a point, said point being on the South property line of Circle. Financial Corporation as recorded in Deed' Record 302, page 380 and 381 in the Office of the Recorder of Hamilton County, Indiana; thence ~outh 89 degrees 50 minutes 15 seconds West 292.26 feet to the Soutbwest corner of said Circle Financial Corpora tion; thence South 00 degrees 09 minutes 45 seconds East 132.04 feet; thence South 89 degrees 50 minutes 15 seconds West 45.00 feet; thence South 00 degrees 09 minutes 45 seconds East 82.47 feet to the Point-of Beginning, containing 1.326 a~res, more or less. EXHIBIT I Pr _ _ ___1-_ _ _ - DEC-05-2001 WED 10:31 AM COOTS HENKE & WHEELER o FAX NO. 3115135385 o P. 01/04 ... ; COOTS, HENKE & WHEELER Attorneys at Law 255 East Carmel Drive Carmel, Indiana 46032-2634 Telephone: 317-844-4693 Facsimile: 317-573-5385 DATE: December 5. 2001 FACSIMILE TRANSMITTAL COVER SHEET 4 Pages, Including Cover Sheet TO: Tim Zellers COMPANY: FAX NO. 765-778-4195 FROM: E. Davis Coots - Wanda SUBJECT: Victory Beauty COMMENTS: Attached please find a copy ofthe recorded Commitments Attendant to Commitment Amendment and ADLS Amendment Approval in the above referenced matter. . Please give me a call if you have any questions or comments. Thank you. Will be sent via Regular Mail HARD COpy Will be sent via Overnight Courier X Facsimile Communication Only CONFIDENTIALITY NOTICE: This cover sl,eet and the materials enclosed with this transmission are the confuJentilll property of the sender, and the materials are privileged communications intended solely for the receipt, use, benefit, and information of tl.e intended recipient indicated above. If you are not the intended recipient, you are hereby notified that any review, disclosure, distribution, or the laking of any other action in reliance upon the co"tenls of this transmission is strictly prohibited and may result in legal liability 0" your part. If you have received tl,ls transmission in error, please notify the sender at the above telepholle number and arrange for return of the original transmission, without retaining a copy, to the J'ender III the address above, at sender's expense. OUR FILE NO.: 14108 M:\WL TlFAXCOVl!R.\FAXCOV. WPD