HomeMy WebLinkAboutCommitments for use and development
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COMmDTMENTSCONCERNING
THE USE AND
DEVELOPMENT OF REAL ESTATE
D. Young Chevrolet, LLC ("Dan Young") and Young Realty Co., L.P. ("Young Realty")
make the following commitments ("Commitments") to the Plan Commission for the City of Carmel,
Indiana, and Clay Township, Indiana (the "Commission"):
1. Description of Real Estate. The real estate is legally described on Exhibit A (the "Real
Estate").
2. Docket Number. 46-01-ADLS.
3. Commitments Concerning Pole Signs. Within forty-five days after the occurrence of all of
the following events, all pole signs will be removed from the real estate:
(a) ADLS approval under Docket No. 46-0 l-ADLS and the issuance of a building permit
in connection therewith; and
(b) The approval by the Board of Zoning Appeals (the "BZA") of sign variance requests
under Docket Nos. V-77-01, V-78-0l, V-79-01, V-80-01, V-81-01, V-82-01, V-83-
01, V-84-01, V-85-0l, V-86-01, V-87-01, V-88-01, and V-89-01; and
( c) The installation of anyone sign in accordance with the approval of any docket
number specified in 3(c) above.
4. Commitment Concerning Dedication. The existing Thoroughfare Plan calls for a 75 foot 1/2
right-of-way width for 96th Street. Concurrent with the issuance of a building permit and the
commencement of construction in accordance with ADLS approval under Docket No.
46-0 l-ADLS, Dan Young and Young Realty will cause to be dedicated that part of the Real
Estate necessary to widen the existing north one-half of 96th Street, along the Real Estate, to
the one-half( 1/2) right-of-way width of seventy-five (75) feet specified in the Thoroughfare
Plan. This area to be dedicated is illustrated by cross-hatching on Exhibit "B".
D. YOUNG CHEVROLET, LLC
an Indiana limite iability company
YOUNG REALTY CO., L.P.
an Indiana limited partnership
By:
Date:
Date:
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~ STATE OF INDIANA )
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COUNTYO~~~ ~
BEFORE ME, a Notary Public in and for said County and State, personally appeared Al
Young, Member of D. Young Chevrolet, LLC, an Indiana limited liability company, who
acknowledged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal this a day of //~
, 2001.
My Commission E~ires:
. d...;?7....~7
Residing i~~unty
/ld/l L~ OGLE
Printed Name
STATE OF INDIANA )
~
COUNTY 0
BEFORE ME, a NO~bliC in and for said County and State, personally appeared
J .. '" \( \:. ~ t ....u VI d the IV) <>'" "J ~ v ofY oung Realty Co., L.P., an Indiana
limited partnership, who acknowledged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal this!.2... day of ~(I'" , 2001.
My Commission Expires: ~ ~
d-~ 7 -zY 7 Notary Public - Signature
ReSidingi~ounty /l)/N L# DGLe
Printed Name
This Instrument Prepared By: Charles D. Frankenberger, NELSON & FRANKENBERGER,
3021 East 98th Street, Suite 220, Indianapolis, IN 46280.
F:\U.er\Janet\Dan Young Chevy\Commitments.wpd
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EXHIBIT "A tJ
Part of the South Half of the Southeast Quarter of Section 7, 'J 'own~hip 17
North, Range 4 East of the Second Principal Meridian in Oay Town:;hip,
I Iamilton County, Indiana, descrtbed as follows:
Commencing at the Southeast comer of the South Half of the Soutlu:ast
Quarter of Section 7, Township 17 North, Range 4 East of the Second
Principal Meridian, in Hamilton County, Indiana; thence North 00 degrees 04
minutes 29 seconds Rast (assumed bearing) on the r'!.ast line nf said Southeast
Quartet 331.66 feet to the PLACE OF BEGlNNlN.G of the within
dCNcribed real estate; thence North 89 degrees 57 minutes 00 seconds \Vcst
parallel with the South line of said Southeast Quarter 16233 fc..'Ct; thence
North 00 degrees 04 minutes 29 seconds East puallel with the East line of
said Southeast-Quarter 83.34 feet; thence North 89 degrees 57 minutt.'S 00
seconds West puallel with said South line 209.62 feet; thence North 00
degrees 04 minutes 29 seconds East pua1le1 with said East line 145.00 feet;
thence North 89 degrees 57 minutes 00 seconds West parallel with said South
line 101.00 feet; thence South 00 degrees 04 minutes 29 seconds West panlllc1
with said East line 560.00 feet to the South line of said Southeast Quarter;
thence North 89 degrees 57 minutes 00 seconds West on the South tine of
said Southeast Quarter 411.97 feet to a point that is 437.00 feet South 89
degrees 57 minutes 00 seconds East from the Southwest comer of the East
r lalf of said Southeast Quarter; thence North 00 degrees 03 minutes 00
seconds 240.00 feet; thence North 89 degrees 57 minutes 00 seconds West
par.illel.with said South line 263.17 feet to the Easterly Limited Access Right-
of-Way line of Indiana State Road No. 431 (known locally as Keystone
Avenue); thence North 00 degrees 00 minutes 00 seconds' Ea~t on Sc'lid
] jmited Access Right-of-Way line 584.18 feet; thence South 89 degree~ 53
minutes 32 s~onds East 1148.96 feet to a stone with a cca-oss" on dlC I ~ast
line of said Southeast Quarter that is 823.02 feet North 00 degrees 04 minutes
29 seconds East of the Southeast comer of said Southeast Quarter; th,:nce
South 00 degrees 04 minutes 29 seconds West on said East line 491.36 feet to
the place of beginning, containing 15.733 acres, more or less. :
Subject to all legal easements and rights-of-way,
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