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Home My WebLink AboutApplication w/draft commitment amendments i", ", u o PETITION TO MODIFY COMMITMENTS MADE IN A PREVIOUS PETITION TO CHANGE THE OFFICIAL ZONING MAP AS INCORPORATED INTO THE CARMEL/CLAY ZONING ORDINANCE (APPROVAL APPLICATION) Date: October18, 2001 Docket No.: Name of Owner: Plum Creek Partners, LLC Phone No.: (317) 264-9400 Address of Owner: 320 North Meridian Street, Suite 700 Indianapolis, Indiana 46204 Record of Ownership: Instrument No.: 200044611 Purchase Date: 2000 Legal Descriptions (Please see attached Exhibit 'A'): Common Address of Property Involved: The future Lots 2 and 3 of the Hazel Dell Comer Subdivision and 13190 Hazel Dell Parkway, Carmel, Indiana 46033 (future Lot 4, Hazel Dell Comer Subdivision) Detailed Description of the Modification of Commitments requested: The petitioner requests the Statement of Commitment No. 3A of the Commitments Concerning the Use and Development of Real Estate recorded as Instrument No.9809838210 be modified to include a revised list of Special Uses described in the attached Exhibit 'B'. u o Change of Commitment Page 2 AFFIDAVIT I, being duly sworn, depose and say that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. State of Indiana ) ) SS: County of Hamilton ) Before me the undersigned, a Notary Public for Hamilton County, State of Indiana, personally appeared Paul G. Reis and acknowledged the execution of the foregoing instrument this J.K!-day of October, 2001. My commission expires: '1f~7/'08 EAL and Signature) ~.~ GaJY:;5b..- printed name M~r-' 0 '" County of Residence I:\2054\I\Change of Commitment Form.doc , . Q o Exhibit' A' Page 1 Legal Description 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. I:\2054\I\Legal Description Lot 2.doc o o Exhibit 'A' Page 2 Legal Description 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 of 265.00 feet to the Beginning Point, containing 1.308 acres, more or less. I:\2054\1\Legal Description Lot 3.doc o o Exhibit' A' Page 3 Legal Description Lot 4, 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 corner 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 of200.00 feet; thence North 89 degrees 35 minutes 24 seconds West, parallel with said South line, a distance of254.48 feet to the Beginning Point, containing 4.215 acres, more or less. .. w Antique Shop Apparel Shop Art/Music Center Art Gallery * Automobile Service Station Bakery Barber Shop Beauty Shop Bicycle Shop Book Store BusinesslElectronic Machine Sales CarpetlRug Store Car Wash Catering Establishment China/Glassware Shop * Church, Temple, Place of Worship Clinic or Medical Center Club or Lodge, Private Coin/Philatelic 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 DuplicatingIBlueprinting 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 LemherlLuggageShop License Bureau Locksmith/Key Shop Lumber/Building Materials Meat Market * Meeting/Party Hall Exhibit 'B' Permitted Special Uses w Millinery Shop Newsdealer Office, General Office, Professional Office Supply Store Optician/Optical Supply Orthopedic/Medical Appliance Sales Paint/W allpaper 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 Religious/Charitable Institution * Research Laboratory Restaurant Second-Hand Store Shoe Repair Shop Shoe Store Show Room * Skating Rink Sporting Good Store Stationer Supermarket Tailor and Pressing Shop * Tennis/Racquetball 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 Management/Use Facilities * Wholesale Establishment * indicates uses to be removed on Lot 4 additional use to be added for Lots 2, 3 and 4 in bold I:\2054\1\Permitted Special Uses2.doc "' ~ fllJ.16t t ~ECE\'JED fER 1 2.001 oaCS iZ' dty 1tlfC~Y./ The Original Commitments for Hazel Dell Comer will be amended in part with respect to - a portion of the Real Estate currently owned by Plum Creek Partners, LLC ("Plum Creek") and designated as the Plum Creek Real Estate as follows: u \4ca-O' CQ 1:::> ~ (a) The permitted Special Uses to be permitted on the Plum Creek Real Estate will be modified as shown on the attached list. (b) No more than two (2) restaurant uses shall be permitted on the future Lot 4 of the Plum Creek Real Estate and shall be limited as follows: 1. - if one (1) restaurant use is to be located on Lot 4, the minimum square footage shall be not less than 2, I 00 square feet; 2. 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 3. the maximum square footage of all restaurant uses shall not exceed 4,200 square feet. (c) Any restaurant use on the future Lot 4 of 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 LaundrylDry Cleaning Plant shall keep all exterior doors closed at all times. 1:\2054\1\Summary of Amended Commitmentsv3 6Feb02.doc ReVis~permitted Special Uses ForHazel De~orner 6 February 2002 Antique Shop Office, Professional Apparel Shop Office Supply Store Art/Music Center Optician/Optical Supply Art Gallery Orthopedic/Medical Appliance Sales ~ Automobile Service Station Paint/W allpaper Store Bakery Pet Shop Barber Shop Photographic Studio Beauty Shop Photo Pick-Up Station Bicycle Shop Picture Framing Shop Book Store Plant Nursery Business/Electronic Machine Sales Plumbing Supply Shop Carpet/Rug Store Post office or Postal Station ~ Car Wash RadiolTelevision Sales Shop Catering Establishment RadiolTelevision Studio China/Glassware Shop Real Estate Office ~ Church, Temple, Place of Worship Recording Studio Clinic or Medical Center Record Shop Club or Lodge, Private Recreational Facility Coin/Philatelic Store Reducing Salon * Cold Storage Locker ~ Religious/Charitable Institution * College or University * Research Laboratory CraftlHobby Shop Restaurant (limit 2 on Lot 4 per Dancing Academy commitments) Day Nursery ~ Second-Hand Store Delicatessen Shoe Repair Shop Department Store Shoe Store Discount Store Show Room - retail/wholesale store utilizing Dressmaking Shop the display of merchandise with distribution Drug Store and storage Dry-Cleaning Establishment in compliance * Skating Rink with applicable state regulations Sporting Good Store Duplicating/Blueprinting Business Stationer Financial Institution Supermarket Flower Shop Tailor and Pressing Shop Grocery Store * Tennis/Racquetball Facility Haberdashery Tobacco Shop Hardware Store Toy Store Health Studio Travel Service Bureau * Indoor Theater Upholstery/Drapery Store Insurance Office Utility Company Business Office Interior Decorating Shop Variety Store Job Printing Shop Veterinary Hospital, With Kennel Kindergarten Veterinary Hospital, Without Kennel LakeIPond Artificial * Water Management/Use Facilities Laundry Agency * Wholesale Establishment Laundry/Dry Cleaning Plant in compliance with applicable state regulations * indicates uses to be removed on Lot 4 Leather/Luggage Shop License Bureau Locksmith/Key Shop ~ indicates uses to be removed from Lots 2, 3 and 4 ~ LumberlBuilding Materials Meat Market Additional use for Lot 4 shown in bold * MeetingIParty Hall Millinery Shop 1:\2054\1\Summary of Amended Commitmentsv3 6Feb02.doc Newsdealer Office, General i":. ~ U Cross-Reference Inst. # 9809838210 u AMENDED COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE /--I--:-,"7I-~ ..--;: \ \' \ I \ r .._~ I 6;' \;--~ ~y ~. "~ RfCEWED ftB' 1 2002 DOCS The undersigned makes the following modified commitments concerning use and development of real estate ("Modified Commitments") to the Carmel/Clay Plan Commission ("Commission"). A. o C (lt1lTtt- ..) RECITALS {~. r (.. <.I "'" On February 28, 1995, Lynn~ Associates, L.P., redecessor-in-interest to Plum Creek Partners, LLC, an Indiana corporation, ma e certain commitments concerning the use and development of real estate, which onsists of approximately 14 acres ("Real Estate") in connection with the develop ent and construction of a new six -lot commercial neighborhood center located at e northwest comer of 131 st Street and Hazel Dell Parkway in Carmel, Indiana, whi were recorded in the Office of the Recorder of Hamilton County, Indiana as In ent Number 9809838210 ("Original Commitments"). B. These Original Commitments provided that 0 those Special Uses listed in Exhibit "B" of the Original Commitments be pe . ed on the Real Estate. C. Plum Creek Partners, LLC, ("P meek") the current owner of a part of the Real Estate described in Exhibit "1 ' lum 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 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. u Q AMENDED COMMITMENTS The Commitments Concerning The Use And Development Of Real Estate dated February 28, 1995, and recorded in the Office ofthe 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 a portion 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 Laundry/Dry 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 ofthe B-3 zoning classification. 2 u u 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 _ day of , 2002. Bryan Chandler Member Plum Creek Partners, LLC COUNTY OF ) ) ss: ) STATE OF The undersigned, a Notary Public in and for said County and State, acknowledged the execution ofthe foregoing by Bryan Chandler, a Member of Plum Creek Partners, LLC. WITNESSETH this _ day of , 2002. My Commission Expires: Notary Public 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 - Ha;;el Dell Comerv4 6Feb02.doc 3 u Q EXHIBIT 1 LEGAL DESCRIPTION OF PLUM CREEK REAL EST ATE 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 of254.48 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 of2l5.00 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 Q.) u Future Lot 4, 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 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 of200.00 feet; thence North 89 degrees 35 minutes 24 seconds West, parallel with said South line, a distance of254.48 feet to the Beginning Point, containing 4.215 acres, more or less. Exhibit 1 - Page 2 of 2 u EXHIBIT 2 LETTER OF GRANT u ", v u EXHIBIT 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 Business/Electronic Machine Sales CarpetlRug 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/Key Shop Meat Market * MeetingIParty Hall Millinery Shop Newsdealer Office, General Office, Professional Office Supply Store Optician/Optical Supply Orthopedic/Medical Appliance Sales PaintlWallpaper 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 of2 .. ~ Shoe Store Show Room - retaiVwholesale store utilizing the display of merchandise with distribution and storage * Skating Rink Sporting Good Store Stationer Supermarket Tailor and Pressing Shop * Tennis/Racquetball Facility u 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 ManagementlUse Facilities * Wholesale Establishment * indicates Special Uses not permitted on Future Lot 4 Exhibit 3 - Page 2 of 2 ;1, .' Cross-Reference Inst. # 98098~O u 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, 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 Partners, LLC, ("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 the 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 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. u u AMENDED COMMITMENTS The Commitments Concerning The Use And Development Of Real Estate dated February 28, 1995, and recorded in the Office ofthe 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 a portion of the Real Estate designated 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 the maximum gross square footage of any restaurant use on the Plum Creek Real Estate shall not exceed 4,000 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) or any in-vehicle ordering system. A restaurant may include a walk-up window, a carryout window and/or a drive-up, pick-up window. (d) On the future Lot 4, as shown on the approved Primary Plat of Subdivision for Hazel Dell Comer, Plum Creek commits that the total gross square footage for restaurant uses on the future Lot 4 shall not exceed 50% ofthe total gross square footage of all buildings located on the future Lot 4. 2. Paragraph 2 "Docket Numbers" shall be amended to read: "1-95-2 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 allowed as Permitted Uses under the amended zoning ordinance on the Plum Creek Real Estate. All other Special Uses listed in Exhibit "3" shall remain as permitted Special Uses subject to approval consistent with the provisions of the B-3 zoning classification. 4. Except as modified herein, all other terms and provisions ofthe Original Commitments shall remain in full force and effect. 2 u u These Modified Commitments are made this _ day of , 2002. Bryan Chandler Member Plum Creek Partners, LLC STATE OF ) ) ss: ) COUNTY OF 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 _ day of ,2002. My Commission Expires: Notary Public 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 \Malified Commitments Concerning Use and Development.doc 3 ~ u Q EXHIBIT 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 of330.00 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 l) u Future Lot 4, 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 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 of254.48 feet to the Beginning Point, containing 4.215 acres, more or less. Exhibit 1 - Page 2 of 2 l) EXHIBIT 2 LETTER OF GRANT Q v u EXHIBIT 3 PERMITTED SPECIAL USES FOR PLUM CREEK REAL ESTATE Antique Shop Apparel Shop Art/Music Center Art Gallery * Automobile Service Station Bakery Barber Shop Beauty Shop Bicycle Shop Book Store Business/Electronic Machine Sales Carpet/Rug Store Car Wash Catering Establishment China/Glassware Shop Clinic or Medical Center Club or Lodge, Private Coin/Philatelic 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 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 Leather/Luggage Shop License Bureau Locksmith/Key Shop Meat Market * Meeting/Party Hall Millinery Shop Newsdealer Office, General Office, Professional Office Supply Store Optician/Optical Supply Orthopedic/Medical 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 Second-Hand Store Shoe Repair Shop Shoe Store Exhibit 3 - Page 1 of 2 w u Show Room * Skating Rink Sporting Good Store Stationer Supermarket Tailor and Pressing Shop * Tennis/Racquetball 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 Management/Use Facilities * Wholesale Establishment * indicates Special Uses not permitted on Future Lot 4 Exhibit 3 - Page 2 of 2 e ~ _ t,;I u u Plum Creek Partners, LLC Change of Commitment Application Docket No. 148-01 CA Hazel Dell Comer - Lots 2, 3 and 4 ~ /^' ~'\~, / ' f '~'/ \ I \ ...//\ I Or-, \, " \ i,' JA'llC,'EIVED \;:~\ .., I- DOCS ?? Commitments: 1. Only the Special Uses listed in the attached list shall be permitted on Lots 2, 3 and 4. (The uses marked with an * are being removed from Lot 4) 2. The maximum gross square footage of any restaurant use on Lots 2, 3 and 4 shall not exceed 4,000 square feet. $ Any restaurant use on Lots 2, 3 and 4 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) or any in-vehicle ordering system. A restaurant may include a walk-up window, a carryout window and/or a drive-up, pick-up window. 4. On Lot 4, the total gross square footage for restaurant uses on the future Lot 4 shall not exceed 50% of the total gross square footage of all buildings located on the future Lot 4. I:\2054\I\Plan Commission Special Study Committee Handout - 1-8-02,doc Exhibit 'B' Permitted Special Uses 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 RadiolTelevision Sales Shop Radio/Television Studio Real Estate Office Recording Studio Record Shop Recreational Facility Reducing Salon ~ Religious/Charitable Institution * Research Lab9;atory 4 Restaurant" .L Sl'o - ~ 0 Ne"' """""'" /..o-r 8eeeful nand Stun; NOIJE"" 0-.- ~ 'I- .5 Shoe Repair Shop Shoe Store OShowRoom-..--:--~' ~ * Skating Rink Sporting Good Store Stationer Supermarket Tailor and Pressing Shop * Tennis/Racquetball 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 ManagementlUse Facilities * Wholesale Establishment i ":1~' u o Antique Shop Apparel Shop Art/Music Center Art Gallery 1\1:lt6ft1obik SCfvicG StatiUlr Bakery Barber Shop Beauty Shop Bicycle Shop Book Store BusinesslElectronic Machine Sales Carpet/Rug Store Cm: VI ~h Catering Establishment China/Glassware Shop ~ Church, Temple, Place of Worship Clinic or Medical Center Club or Lodge, Private Coin/Philatelic Store * Cold Storage Locker * College or University CraftlHobby Shop Dancing Academy Day Nursery Delicatessen Department Store Discount Store Dressmaking Shop Drug Store o Dry-Cleaning Establishment, 'V-f -66IP~-~ DuplicatingIBlueprinting Business ONI..l( 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 Lannd.ly/DIY Elcdllillg-Pii:l11t ~ Leather/Luggage Shop License Bureau Locksmith/Key Shop ~ Lumber/Building Materials Meat Market * Meeting/Party Hall u * indicates uses to be removed on Lot 4 ~ indicates uses to be removed from Lots 2, 3 and 4 additional use to be added for Lots 2, 3 and 4 in bold 1:\2054\I\Pennitted Special Uses3.doc ~ .. MAY-OB-2001 TUE 01:30 PM CA.RMEL COMMUNITY SVCS .!~. . ~ FAX NO. 317 5712426 U. P. 02 ''"!;I? < ~1a35!llya ~t~!~~ti~~BeN~V~ iADIANR Illll~t;t@ I' MARY L CLARK DOli 'UJ 'l On 07-14-1998 At 11:29 all. I J" COMMITMENTS CONCERNING THE us:ltISC 19.00 Doc~ ~ AND DEVELOPMENT OF REAL ESTATE 6< . "'-"-) r()~t: .LYNN'wOOD FARM ASSOCIATES, W. (hereafter, "Owner"), makes the following Commitments to the Carmel/Clay Plan Commission (hereafter, "Commission"), as 6.. acre parcel of real estate descn'bed in Exhibit "A" hereto: ~ .t. RECEIVED OCT 19 2001 DOCS /'''' ~.' ~ RIfE~ NOV 21 2000 DOCS 1. Desc,.iDtion of Real Estate: . ' . ;','': :-. " .' ". .... I,. 0" . ~.. See Exhibit "A" ("Real Estate"). ,'. " ,. ... ".,' r~ '/ 2. Docket No. 1-95..Z. ,::,'. '. \",......'..... /.'.'~)! .1',' .-' :, i"t".,:.;";~\~((:Y'" 3. Statem.ent of Commitment A. Owner commits that only the Special Uses listed on Exlu'bit "B" hereto shall be permitted on the Real Estate. B. Owner commits that the Plan Commission shall have the right to review and approve the architectural design, lighting, landscape and signage plan for the building(s) to be constructed on the Real Estate ("Plans"). C. Owner commits that the Plans shall include pathways enabling a pedestrian relationship between adjacent residential uses, proposed buildings, streets and the area of Michener Ditch. E. Owner commits that the building(s) to be consuucted 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 commits 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. ~AY-O~~200~ TUE 01:30 PM C~EL COMMUNITY SVCS FAX NO. 317 571 2426 U P. 03 ..::.... "I 4. Bindinz on Successors tmd 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 an ordinance reclassifying the Real Estate from the 5-1 Residence District Classification to the B-3 Business District Classification. . 6. Recordinll.' the undersigned hereby authorizes t.lte Secretary of the Commission to recotd these commi~en~ .in the Office of the Recorder of Hanu1ton County, Indiana, upon the granting of the approvals refemd to in paragraph 5. above. \"..' .:...3. ~.- .~ 7. Enforcement. This commitment may be enforced by the Commission and the City of Carmel, Indiana. c 8. COlnDlillnce Confirmation. The Director of the Department of Community Development, Cannel, 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 z.~~ day of FebrualY, 1995. L YNNWOOD FARM ASSOCIATES, L.P. -2- ~A~-0~-2001 TUE 01:30 PM C~EL COMMUNITY SVCS FAX NO.3'] 571 2426 U P. 04 " STATE OF INDIANA ) ) 55: COUNTY OF ~TON ) BEFORE ME, a Notaty Public in and for said COl.Dlty 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 Febmary) 1995. ~~ Notary Public, ~tate of Indiana..... .c ,': ~ '" Carra l-kJn~ ..j;~ .,<,"Vi.;.! ' .. . '''" . -.:J:~ ,'.1\ .,'-. . Rcsldmg m BamUtotl. .<;b}1n!YIi'::~\."l~~;.'" i\... . ~ '..;" " "~'''':lo'.'Z-. .. :'9:~'~ 1~~ ", My Commission Expires ~ :.i8:~':;"" . .:. "'~;' i ~ . ~ ",~ ". ~,....., ') Mt: '0 . \ \,,-. . ~f:l"'..;r. ,,'I: . \'" ~t:'.".~F../ ". ,.t'." '" ,.t" .:-,.. . .,.. CONSENT Plum Creek Development Co., L.L.C. hereby consents to the foregoing Commitments Concerning The Use And Development of Real Estate. Executed this 'Z.ff'N. day of February~ 1995. PLUM CREEK DEVELOPMENT CO., L.L.C. By: (\~ -~ Corby Tho pson, . ef Operatingorflcer -3- . . _~~Y-08-2001 rUE 01: 30 PM OEL COMMUNITY SVCS FAX NO. '301J 571 2426 U P. 05 STATE OF INDIANA ) ) ss: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and for said County and State, personally appeared Corby Thompson, the Chief Operating Officer of Plum Creek Development L.L.C.t who acknowledged the execution of the foregoing Consent to Commitments. WITNESS my hand and Notarial Seal this 28th day of Febnwy. 1995. ~~L.-d . .' NO~b1ic,~tate of Indiana ,,' ~'I. \,~.;-:~ ' ,. .~ ~ '~~~;~I I ~ . fl -'l~ Residing in lIam11ton Corin. '.. .' . "C )-:: My Commission Expires)fa .'1", ,"' """ · ~.K"''''>' .' J \t:~::, ' This Instrument Prepared By: James 1. Nelson NELSON & FRANKENBERGER 3021 East 98th Street Suite 220 Indianapolis, Indiana 46280 -4- ; . .~~Y-~8-2001 TUE 01:31 PM C~EL COMMUNITY SVCS FAX NO. ~ 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 Quarterj thence North 00 degrees 20 minutes 43 seconds East (assumed bealing) along the East line of said Northeast Quarter a distance of 1376.66 feet; thence North 89 degrees S5 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 35 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. ~ .' , j . ~~Y~~~~2~~1 TUE 01:31 PM C~EL COMMUNITY SVCS .,' 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 Lodge Private Coin/Philatelic Store Cold Storage Locker College or University Craft/Hobby Shop Dancing Academy Day Nursery Delicatessen Department Store DisCDunt Store Dressmaking Shop OrugStore Dry-Cleaning Establishment Duplicating/Blueprinting Business Financiallnstituticn Rower Shop Grocery Stare 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 Leather/Luggage Shop Ucense Bureau Locksmith/Key Shop Lumber/Building Materials Meat Market Meeting/Party Hall EXHIBIT "B" FAX NO. a 571 2426 P. 07 Millinery r- -'p Newsdealer Office, General Office. Professional Office Supply Store Optician/Optical Supply Orthopedic/Medical Appliance Sales Paint/Wallpaper Store Pet Shop Photographic Swdio Photo Pick-Up Station Picture Framing Shop Plant Nursery Plumbing Supply Shop Post Office or Postal Station RadiolTeJevision Sales Shop RadiolT elevision Studio Real Estate Office Recording Studio Record Shop Recreational Facility Reducing Salon Religious/Charitable Institution Research laboratory Second-Hand Store Shee Repair Shop Shoe Store Show Room Skating Rink Sporting Goods StOre Stationer Supermarket Tailor and Pressing Shop Tennis/Racquetball Facility Tabacco Shop Toy Store 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 Establishment .. MAY-OB-2001 TUE 01:30 PM CARMEL COMMUNITY SVCS :-' , ' U FAX NO. ~ 571 2426 P. 02 .ft;"" <: 111~5!llya ~t~!~~~~~BeN~V~ iADIANA il!Jl~t;!J, ~I" MARY l CL.ARK Deli" . '/J. On 07-14-1998 At 11:29 am. t~ ,COMMITMENTS CONCERNING THE US/ISC 19.00 Doc~ ~ . AND DEVELOPMENT OF REAL ESTATE 6/. .~ r()"~~ .LYNN'wOOD FARM ASSOCIATES, LP. (hereafter, "Owner"), makes the following Commitments to the Carmel/Clay Plan Commission (hereafter, "Commission"), as to the 14.738- acre parcel of real estate descn'bed in Exhibit "A" hereto: DescriDtion of Real Estate: ' , ~ 1. ~ ! ' : .. .~. '. ". /,.";,, RECEIVED See Exhibit "A" (IlReal Estate"). ,'. " ,- peT 19 2001 .: "./ r~ '/ DOCS 2. Docket No. 1-9S..Z. - '" " ,. ,::,'. . , \..........'... 3. Statement of Commitment A. Owner commits that only the Special Uses listed on Exluoit liB" hereto shall be permitted on the Real Estate. B. Owner commits that the Plan Commission shall have the right to review and approve the architectural design, lighting, landscape and signage plan for the building(s) to be constrocted on the Real Estate ("Plans"). C. Owner commits that the Plans shall include pathways enabling a pedestrian relationship between adjacent residential uses, proposed buildings, streets and the area of Michener Ditch. E. Owner commits that the building(s) to be constrUcted on tile 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 commits 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 C~R~EL COMMUNITY SVCS , . U . . FAX NO. 3J] 571 2426 U P. 03 4. Bindinz on Successors and 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 an ordinance reclassifying the Real Estate from the 8-1 Residence District Classification to the B-3 Business District Classification. , 6. RecordinJl." the undersigned hereby authorizes t.Ite Secretary of the Commission to record these commi~en(s ,i~ the Office of the Recorder of Hanu1ton County, Indiana, upon the granting of the approvals referred to in paragraph 5, above. Y'..' .:..~ ~.~ '~ 7. Enforcement. This commitment may be enforced by the Commission and the City of Carmel, Indiana. c 8. ColttDlUmce Confirmation. The Director of the Department of Community Development, Cannel, 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 z..s~ day of Februmy, 1995. L YNNWOOD FARM ASSOCIATES, L.P. -2- MAY-OB-20D1 rUE 01: 30 PM CA-PtlEL COMMUNITY SVCS ',' U FAX NO. 311 571 2426 U P, 04 STATE OF INDIANA ) ) ss: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and for said COlmty 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 February, 1995. ~~ Notary PubliCJ~te of huliana. . , ,... rv...",,..,,.. ,...,-LP./'""\ ..1'\,\,C.: , " 1-)....J, 1 U I t.J-ll I ;O~~...,..:~~"\":" Residing in BamtltOtl. Cbun~H:~'h';~::.. 1\. '" - ~ ....;" ,!{i -'~'~~':r...~ : : :..;r:s.... f~~~" My Commission Expires ~ . i8:~' , "" ':, ':,1;' J::' . -:. ", ., ~,:'''. " .~ M~ : t. , \,,-. '.~.1;\'".,;,r..,.,.~ " \'" "...,. ..;,.~'F''''',' ... . '" ...( '" .,f..,.. " f.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.ff'M. day of February, 1995. PLUM CREEK DEVELOPMENT CO., L.L.C. By: (\~ -~ Corby Tho pson, . ef Operating ufficer -3- MAY-08-2001 TUE 01:30 PM CpRMEL COMMUNITY SVCS , , . U - , FAX NO. Jt7 571 2426 U P. 05 STATE OF INDIANA ) ) ss: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and for 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 28th day of Febmary, 1995. ,t~4~ ,. NO~b1ic.~tate of Indiana ,.' b~~' ~.~-:.. ' ," .~v"" "V' ."- ," J t J-I , 'J .,. ~~~ .. . il lj,: , Residing m lIam:I.1ton Coun, ',.' My Commission Expires This Instrument Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 East 98th Street Suite 220 Indianapolis, Indiana 46280 -4- MAY-OB-2001 rUE 01:31 PM ~QMEL COMMUNITY SVCS . . U . . FAX NO. ~ 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 comer of said Northeast Quarterj thence North 00 degree$ 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 S5 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 35 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. ~ Ii. N~~-0~-20?1 TUE 01:31 PM Cc:JEL COMMUNITY SVCS ^' Antique Shop Apparel Shop Art/Music Center Art Gallery Automobile Service Station Bakery Barber Shop Beauty Shop Bicycle shop Book 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 Dr Lodge Private Coin/Philatejic Store Cold Storage Locker College or University Craft/Hobby Shop Dancing Academy Day Nursery Delicatessen Department Store Discount Stare Dressmaking Shop OrugStore Dry-CJeaning Establishment Ouplicating/Blueprinting Business Financial Institution Rower 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 Leather/Luggage Shop Ucense Bureau Locksmith/Key Shop Lumber/Building Materials Meat Market Meeting/Party Hall EXHIBIT "B" FAX NO, (J 571 2426 P. 07 Millinery r- -'p Newsdealer Office. General Office. Professional Office Supply Store Optician/Optical Supply Orthcpedic/MedicaJ 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 RadiolTelevision Sales Shop RadiolT elevision Studio Real Estate Office Recording Studio Record Shop Recreational Facility Reducing Salon Religious/Charitable Institution Research laboratory Secon~and Store Shoe Repair Shop Shoe Store Show Room Skating Rink Sporting Goods StOre Stationer Supermarket Tailor and Pressing Shop Tennis/Racquetball Facility Tabacco Shop Toy Store Travel Service Bureau Upholstery/Drapery Store Utility Company Business Office Variety Store Veterinary Hospital. With Kennel Veterinary Hospital. Wft;hcut Kennel Water Management/Use Facilities Wholesale Establishment