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HomeMy WebLinkAboutAmendments & Commitments RECORDED i . If Cross-Reference Inst. # 9809838210 ([;@[P; \:( " I~-Ol cA /-lAze--" ~.(,. ~~~ 2Q020002152& Lor .2--'1 . FlIed for Record in A HAMILTON COUNTY, INDIANA ~ MARY L CLARK 1FJ~~~nMrc: 03-19-2002 02: 00 lB. ~q, I ;JIJISIQ! MISC 22~ 00 NtH? 21 WJ'1I/li) d:..~ v!.~ DOCS AMENDED COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE The undersigned makes the following modified commitments concerning use and development of real estate ("Modified Commitments") to the Carmel/Clay Plan Commission ("Commission"). RECITALS A. On February 28, 1995, Lynnwood Farm Associates, L.P., predecessor-in-interest to Plum Creek Partners, LLC, an Indiana corporation, ("Plum Creek") made certain commitments concerning the use and development of real estate, which consists of approximately 14 acres ("Real Estate") in connection with the development and construction of a new six-lot commercial neighborhood center located at the northwest comer of 131 st Street and Hazel Dell Parkway in Carmel, Indiana, which were recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument Number 9809838210 ("Original Commitments"). B. These Original Commitments provided that only those Special Uses listed in Exhibit "B" of the Original Commitments be permitted on the Real Estate. C. Plum Creek, the current owner of a part of the Real Estate described in Exhibit" 1 " ("Plum Creek Real Estate"), desires to allow a restaurant as a permitted Special Use on a portion ofthe Plum Creek Real Estate and eliminate certain Special Uses which are currently permitted on the Plum Creek Real Estate. D. Plum Creek received the approval ofthe Commission at a meeting on February 19, 2002, which approval is reflected in a Letter of Grant attached hereto as Exhibit "2". E. In accordance with the Letter of Grant, Plum Creek wishes to modify the Original Commitments to reflect the Commission's approval of the revised list of permitted Special Uses on the Plum Creek Real Estate. I . I ,I ". i I AMENDED COMMITMENTS The Commitments Concerning The Use And Development Of Real Estate dated February 28, 1995, and recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument # 9809838210 ("Original Commitments") are hereby amended as follows: 1. The Original Commitments are hereby amended in part with respect to aportion ofthe Real Estate designated herein as the Plum Creek Real Estate which is more particularly described in Exhibit "1" attached hereto and made a part hereof, as follows: (a) Plum Creek commits that only the Special Uses listed in Exhibit "3" attached hereto and made a part hereof, shall be permitted on the Plum Creek Real Estate. (b) Plum Creek commits that no more than two (2) restaurant uses shall be permitted on the future Lot 4 ofthe Plum Creek Real Estate and shall be limited as follows: (i) if one (1) restaurant use is to be located on Lot 4, the minimum square footage shall be not less than 2,100 square feet; (ii) if there are two (2) restaurant uses to be located on Lot 4, the combined gross square footage of both restaurants shall not be less than 3,500 square feet; and (iii) the maximum square footage of all restaurant uses on the future Lot 4 shall not exceed 4,200 square feet. (c) Plum Creek commits that any restaurant use on the Plum Creek Real Estate shall not include: a drive-thru window design feature that includes the use of a reader/menu board(s) (whether freestanding or attached to a building); any in-vehicle ordering system; and/or a drive- up, pick-up window. A restaurant may include a walk-up or carryout window. (d) The operator of any LaundryfDry Cleaning Plant shall keep all exterior doors closed at all times. 2. Paragraph 2 "Docket Numbers" shall be amended to read: "1-95-Z and 148-01-CA". 3. In the event that the B-3 zoning district is amended in the future by the Common Council of the City of Carmel, Indiana to specifically permit certain uses in that zoning classification, Plum Creek commits that only those Special Uses listed in Exhibit "3" which are included in the "Permitted Uses" under the amended B-3 zoning classification shall be allowed as Permitted Uses under the amended zoning ordinance on the Plum Creek Real Estate. All other Special Uses listed in Exhibit "3" (but not included in the "Permitted Uses" of the amended B-3 zoning classification) shall remain as permitted Special Uses subject to approval consistent with the provisions of the B-3 zoning classification. 2 " , 4. Except as modified herein, all other terms and provisions of the Original Commitments shall remain in full force and effect. These Modified Commitments are made this 11 day of -r03ChVv'ivl , 2002. I ~~ Bry Chandler Member Plum Creek Partners, LLC STATEOF "If\..ol,ec.....&'I" ) . ) ss: COUNTY OF l"l\~ f \ ~ ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing by Bryan Chandler, a Member of Plum Creek Partners, LLC. WITNESSETH this J- ' day oft -LiY"'\..U..6:-0 ' 2002. .... My Commission Expires: DENlSE 1. 'IiRiJt ~JU('i PUBLIC SlATE OPINOIANA .' H~NDRlCKSCOUNN -,,f4''f O)M'jIA1S5if"N ~ ~,nv'_2fY'l1' ~~~ otary Pubhc SIgnature Printed . My County of Residence: Prepared by: Paul G. Reis, Esq., The Reis Law Firm, LLC, 12358 Hancock Street, Carmel, Indiana 46032 1:\2054\1\Amend Commitments - Hazel Dell Comerv4 6Feb02.doc 3 'j, " EXlDBIT 1 LEGAL DESCRIPTION OF PLUM CREEK REAL ESTATE Future Lot 2, Hazel Dell Corner Subdivision Part ofthe Northeast Quarter of Section Twenty-eight in Township Eighteen North, Range Four East in Hamilton County, Indiana described as follows: Commencing at the Southeast comer of Said Northeast Quarter, thence North 89 degrees 35 minutes 24 seconds West (assumed bearing) along the South line of said Northeast Quarter a distance of 579.48 feet, thence North 00 degrees 20 minutes 43 seconds East, parallel with the East line of said Northeast Quarter, a distance of 45.00 feet to the Point of Beginning, thence continuing North 00 degrees 20 minutes 43 seconds East, parallel with said East line, a distance of 300.00 feet, thence South 89 degrees 35 minutes 24 seconds East, parallel with said South line, a distance of254.48 feet, thence South 00 degrees 20 minutes 43 seconds West, parallel with said East line, a distance of 300.00 feet, then North 89 degrees 35 minutes 24 seconds West, parallel with said South line, a distance of 254.48 feet to the Beginning Point, containing 1.753 acres, more or less. Future Lot 3, Hazel Dell Corner Subdivision Part ofthe Northeast Quarter of Section Twenty-eight in Township Eighteen North, Range Four East in Hamilton County, Indiana described as follows: Commencing at the Southeast comer of said Northeast Quarter, thence North 89 degrees 35 minutes 24 seconds West (assumed bearing) along the South line of said Northeast Quarter a distance of 325.00 feet, thence North 00 degrees 20 minutes 43 seconds East, parallel with the East line of said Northeast Quarter, a distance of 330.00 feet to the Point of Beginning, thence continuing North 00 degrees 20 minutes 43 seconds East, parallel with said East line, a distance of215.00 feet, thence South 89 degrees 35 minutes 24 seconds East, parallel with said South line, a distance of265.00 feet, thence South 00 degrees 20 minutes 43 seconds West, parallel with said East line, a distance of 215.00 feet, then North 89 degrees 35 minutes 24 seconds West, parallel with said South line, a distance of265.00 feet to the Beginning Point, containing 1.308 acres, more or less. Exhibit 1 - Page 1 of 2 ~. Future Lot 4, Hazel Dell Corner Subdivision Part of the Northeast Quarter of Section Twenty-eight in Township Eighteen North, Range Four East in Hamilton County, Indiana described as follows: Commencing at the Southeast comer of said Northeast Quarter; thence North 89 degrees 35 minutes 24 seconds West (assumed bearing) along the South line of said Northeast Quarter a distance of 579.48 feet; thence North 00 degrees 20 minutes 43 seconds East, parallel with the East line of said Northeast Quarter, a distance of345.00 feet to the Point of Beginning; thence continuing North 00 degrees 20 minutes 43 seconds East, parallel with said East line, a distance of 529.50 feet; thence South 77 degrees 52 minutes 47 seconds East a distance of298.33 feet; thence South 58 degrees 05 minutes 21 seconds East a distance 266.92 feet; thence South 00 degrees 20 minutes 43 seconds West, parallel with said East line, a distance of 129.48 feet; thence North 89 degrees 35 minutes 24 seconds West, parallel with said South line, a distance of265.00 feet; thence South 00 degrees 20 minutes 43 seconds West, parallel with said East line, a distance of 200.00 feet; thence North 89 degrees 35 minutes 24 seconds West, parallel with said South line, a distance of 254.48 feet to the Beginning Point, containing 4.215 acres, more or less. Exhibit 1 - Page 2 of 2 .. ~. ,~ Gte ~ 111 &11 'Z- - ,'((If/!lff$f.%~{ft.. ,old/liP' f c4'~:.. .;',~~!Ii.<..~,J---"~~~~ ~~(j:-"':/ . t~ .~. ( &' ~('~ ~ 14I^ -- ~ ~~~ 1m ,....... ~ ~ 1'r Il!I . ((;.;;) J'P"".~ ... ~ ~ ii[.. ..:j1.: .. ~ ~ \:"' ~.-.. ......, ~ ~ ~\ ", ..../. ,.....~ %.:~ '- "-..../ .I'~i~\ -;;:'" '4,i;""~--~o 'I: "\\~\' %'" ...rON C . 'Jill' '~~1'i1f/Jldj , CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning LET T E R of G RAN T March 6, 2002 Paul G. Reis, Esq. The Reis Law Firm, LLC 12358 Hancock Street Carmel, IN 46032 Re: Hazel Dell Comer - Docket No. 148-01 CA (Commitment Amendment) Dear Mr. Reis: At the meeting held February 19, 2002, the CarmeVClay Plan Commission took the following action regarding the Commitment Amendment petition filed for property located at the northwest coJ;Jlef of East 131 It Street and Hazel Dell PaIkway. APPROVED: Docket No. 148-01 CA, a petition for Commitment Amendment approval to revise the list of special uses permitted on Lots 2,3, and 4 within the Hazel Dell Comer Subdivision. The Plan Commission voted ten (10) in favor, zero (0) opposed, thereby granting the petition as amended. Petitioner shall submit revised commitments to Department for review prior to recording. In order to assist the Department's review, please attach a copy of this letter when making application for permits regarding the improvements contained within this approval. Do not hesitate to contact me at 317.571.2417 ifl can be of any further assistance. Sincerely, j:a '-. -=> Jon C. Dobosie\vicz Planning Administrator Department of Community Services Cc: Jeff Kendall, DOCS, Building Commissioner Dawn Pattyn Ramona Hancock --_ ___ ___ L__________ _ __ _ I ~. ExmBIT 3 PERMITTED SPECIAL USES FOR PLUM CREEK REAL ESTATE Antique Shop Apparel Shop ArtIMusic Center Art Gallery Bakery Barber Shop Beauty Shop Bicycle Shop Book Store BusinesslElectronic Machine Sales Carpet/Rug Store Catering Establishment China/Glassware Shop Clinic or Medical Center Club or Lodge, Private CoinlPhilatelic Store * Cold Storage Locker * College or University Craft/Hobby Shop Dancing Academy Day Nursery Delicatessen Department Store Discount Store Dressmaking Shop Drug Store Dry-Cleaning Establishment in compliance with applicable state regulations Duplicating/Blueprinting Business Financial Institution Flower Shop Grocery Store Haberdashery Hardware Store Health Studio * Indoor Theater Insurance Office Interior Decorating Shop Job Printing Shop Kindergarten Lake/Pond Artificial Laundry Agency Laundry/Dry Cleaning Plant in compliance with applicable state regulations Leather/Luggage Shop License Bureau Locksmith/K.ey Shop Meat Market * MeetingIParty Hall Millinery Shop Newsdealer Office, General Office, Professional Office Supply Store Optician/Optical Supply OrthopediclMedical Appliance Sales Paint/Wallpaper Store Pet Shop Photographic Studio Photo Pick-Up Station Picture Framing Shop Plant Nursery Plumbing Supply Shop Post office or Postal Station Radio/Television Sales Shop Radio/Television Studio Real Estate Office Recording Studio Record Shop Recreational Facility Reducing Salon * Research Laboratory Restaurant (limit 2 on Lot 4) Shoe Repair Shop Exhibit 3 - Page 1 of 2 f I "eI I ',' " Shoe Store Show Room - retail/wholesale store utilizing the display of merchandise with distribution and storage * Skating Rink Sporting Good Store Stationer Supermarket Tailor and Pressing Shop * TennislRacquetball Facility Tobacco Shop Toy Store Travel Service Bureau Upholstery/Drapery Store Utility Company Business Office Variety Store Veterinary Hospital, With Kennel Veterinary Hospital, Without Kennel * Water ManagementJUse Facilities * Wholesale Establishment * indicates Special Uses not permitted on Future Lot 4 Exhibit 3 - Page 2 of 2 , MAY-08-2001 TUE 01:30 PM CARMEL COMMUNITY SVCS .' -- ':4 . 0.' g . .~ ~' ftM5WY~. mlrrfA~~88R~~ illDIANA C;'; , / lQ)l~~tr. ~ MARY L CLARK Deli I On 07-14-19~8 At 11:29 am. , l'~. COMMITMENTS CONCERNING THE US/tsC 19.00 boc~ ~ . AND DEVELOPMENT OF REAL ESTATE 6< '\.A...J r(}~r:: FAX NO. 31] 5712426 P. 02 .LYNN'wOOD FARM ASSOCIATES, L.P. (hereafter, "Owner"), makes the folloVling Commitments to the Carmel/Clay Plan Commission (hereafter, "Commission"), as~\t1f9:J4.;138- acre parcel of real estate desen"bed in Exhibit "A" hereto: /:}~;Y<;?'V f,' ..' . .... . /'::O;'i RECEIVED .' ,;'. ". -. (-.-./ OCT 19 2001 .". . ..' ~.".." i, ,:::., 1 ;.:;) /,;:::.:::' ~ . '<3~~'~\ _. DOCS !y ~ \:~~!~T!} "":~:>" DOCS /.<~/ .\....:..'..... d,' ,-' :, l'T:"':.r~~i~:":~:':)~ " 1. Descl'wtion of Real Estate: See Exhibit "A" ("Real Estate"). 2. Docket No. 1-9S-Z. 3. Statement of Commitment A. Owner commits that only the Special Uses listed on Exluoit "B" hereto shall be permitted on the Real Estate. B. Owner COIIl1lrlts that the Plan Commission shall have the right to review and approve the architectural design, lighting, landsca.pe and signage plan for the building(s) to be constructed on the Real Estate (''Plans''). \ _qS rz; l ,-\& - 0 leA- C. Owner commits tha.t the Plans shall include pathways enabling a pedestrian relationship betweeu adjacent residential uses. proposed buildings, streets and the area of Michener Ditch. E. Owner commits that the building(s) to be co'nstrUcted on the Real Estate shall be in keeping with the scale and scope of retail and office uses serving nearby residential areas as its primary market. Owner further commits that the building(s) shall be of a residential a.rchitectural style incorporating gabled or hipped style roofs, brick or brick-veneer exteriors, and doors and windows of a residential genre. F. Owner oommits that the Plans shall include fifteen percent (15%) landscaping within the Parking Area (Private) as such term is defined in Section 3.7 of Ordinance Z-160 as of the date hereof. _._-~-----~.~- - -~-- . . MAY-OB-2001 TUE 01:30 PM CARMEL COMMUNITY SVCS FAX NO. 31] 571 2426 P, 03 .:- .1\ 4. Bindinz on Successors tlnd Assizm. This commitment is 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. This commitment may be 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. 5. Effective Date. The commitment contained herein shall be effective upon the adoption of au ordinance reclassifying the Real Estate from the 8-1 Residence District Classification to the B-3 Business District Classification. . 6. RBClJl'dinfl.' the undersigned hereby authoriz~s t.lte Secretary of the Commission to recotd these commi~en(S .i~ the Office of the Recorder of Ha.rJU1ton County, Indiana, upon the granting of the approvals refemd to in paragraph S, above. .\..... .:..~ ~~... .~ . 7. Enforcement. This commitment may be enforced by the Commission and the City of Carmel, Indiana. c 8. COlnDlUJnce Confinnation. The Director of the Depar1ment of Community Development, C~el, Indiana, shall, when requested by the Owner, promptly give written assurance, in letter form, that the Owner has or has not complied with this commitment. Executed this l.$~ day of February, 1995. LYNNWOOD FARM ASSOCIATES, L.P. "" op"i C_ -2- . MAY-OB-20D1 TUE 01:30 PM C~RMEL COMMUNITY SVCS FAX NO. 317 571 2426 P. 04 " STATE OF INDIANA ) ) S5: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and for said County and State, personally appeared Michael G. Browning, the General Partner of Lynnwood Farm Associates, L.P., who acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal this 28th day of Febroary, 1995. ~ L J ~ . ~~~~ Notary PUblic,~ate of Indiana ._ '.", ,:" ~ .". f'Ir..."..,f'V'l ,I"\~.r\ " d\C""..... . ~f 1 \,..( f I....~' :~~~'f."......-;." ,... " .. . ... . . I.... ,_. . Restdmg m Bam:Utou Cb'Pn. '~:;-.I~~::.. I, " .\. fl.r; ."..... ~ . " ~ '.~ ......, ~"'''':ir. . .~. ' : :'~,g'~' :f;f~""" My Commission Expires ~ . i8:~' ~ ". f. :i;'j ~ . ~ ." " !. '..A. if'" ,. t : t. , \,,-. '. ~.'i:l"'..;r..,..'''' '" '\ \./- '-"i~~""/ ,..'. . i ,~'. '" ..( ""' .'."." '. ....J ,. CONSENT Plum Creek Development Co., L.L.C. hereby consents to the foregoing Commitments Concerning The Use And Development of Real Estate. Executed this '2.~ day of February, 1995. PLUM CREEK DEVELOPMENT CO., L.L.C. By: (\~ p ~~ Corby ThotApson, . ef Operatingtrfficer COpy -3- . NAY-OB-2001 TUE 01:30 PN CARMEL COMMUNITY SVCS FAX NO. ::U7 571 2426 P. 05 STATE OF lNDIANA ) ) SS: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and fur said County and State, personally appeared Corby Thompson, the Chief Operating Officer of Plum Creek Development, L.L.C., who acknowledged the execution of the foregoing Consent to Commitments. WITNESS my hand and Notarial Seal this 28.th day of Febroary. 1995. My Commission Expires ,L~/.~ No~ Pubh,'c,. ~tate of Indiana ..' b'O::~~ l',::~ . ," LOcY'Q ~.rr::cf) ~ ?~.~,. ," Residing in Hamilton CoUh. l' , )- : :t ~ '. &~ ',1 I..,.'" J.!,,? , \ ,JII') .'. '.. :,' .,~.. .." \rJtM'''',..> .. '... '::" .~~( .~. t.,. ~ . . '&. "t~;~""",O ~~~;~;: ... This Instrument Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 East 98th Street. Suite 220 Indianapolis, Indiana 46280 COpy -4- MAY-OB-2001 rUE 01:31 PM C~PMEL COMMUNITY SVCS FAX NO. 3n 571 2426 P. 06 EXHIBIT "A" Part of the Northeast Quarter of Section Twenty-eight in Township Eighteen North, Range Four East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of said Northeast Quarter; thence North 00 degrees 20 minutes 43 seconds East (assumed bearing) along the East line of said Northeast Quarter a distance of 1376.66 feet; thence North 89 degrees SS minutes 53 seconds West a distan~e of 287.43 feet~ thence South 00 degrees 20 minutes 43 seconds West, parallel with the east line of said Northeast Quarter, a distance of 561.00 feet; thence North 77 degrees 52 minutes 47 seconds West a distance of 298.33 feet; thence South 00 degrees 20 minutes 43 seconds West. parallel with the east line. of said Northeast Quarter. a distance of 874.50 feet to the south line of said Northeast Quarter; thence South 89 degrees 3S minutes 24 seconds East along said south line a distance of 579.48 feet to the Beginning Point. containing 14.738 acres, more or less. 'CO('~ MAY-08-2001 TUE 01:31 PM CARMEL COMMUNITY SVCS FAX NO. 317 571 2426 P. 07 .,' Antique Shop Apparel Shop Art/Music Center Art Gallery Automobile Service Staticn Bakery Barber Shop Beauty Shop Bicycle shop Bock Store Business/Electronic Machine Sales Carpet/Rug Store Car Wash Catering Establishment China/Glassware Shop Church. Temple. Place of Worship Clinic or Medical Center Club or Ladge Private Coin/PhilateJic Store Cold Storage LcckSr College or University Craft/Hobby Shop Dancing Academy Day Nursery Delicatessen Department Store DiscDunt Stare Dressmaking Shop OrugStora Dry-Cleaning Establishment Duplicating/Blueprinting Business Financial Institution Flower Shop Grocery Store Haberdashery Hardware Seere Health Studio Indoor Theater Insurance OfficB Interior Decorating Shop Job Printing Shop Kindergarten Lake/Pond Artificial Laundry Agency Laundry/Dry Cleaning Plant Leather/Luggage Shop Ucense Bureau Locksmith/Key Shop Lumber/Building Materials Meat Market Meeting/Party Hall Millinery r" -'p Newsdealer Office. General Office. Professional Office Supply Store Optician/Optical Supply Orthopedic/Medical Appliance Sales Paint/Wallpaper Store Pet Shop Photographic Studio Photo Pick..lJp Station Picture Framing Shop Plant Nursery Plumbing Supply Shop Post Office or Postal Staticn RadiolTelevision Sales Shop RadiolTelevision Studio Real Estate Office Recording Studio Record Shop Recreational Facility Reducing Salon Religious/Charitable Institution Research Laboratory Second-Hand Stare Shea Repair ShDp Shoe Store Show Room Skating Rink Sporting Goods StOre Stationer Supermarket Tailor and Pressing Shop Tennis/Racquetball Facility Tabacco Shop Toy SOOre Travel Service Bureau Upholstery/Drapery Store Utility Company Business Office Variety Store Veterinary Hospital. With Kennel Veterinary Hospital. Without Kennel Water Management/Use Facilities Wholesale Establishmenc COpy T"'I'U"TT'T"'T1'Pm Ilnl'