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Holmes, Christine B
From: Holmes, Christine B
Sent: Wednesday, May 03, 2006 10:29 AM
To: Holmes, Christine B; Mast, Darren; Brennan, Kevin S; Hancock, Ramona B; Tingley, Connie S; Brewer, Scott I;
Conn, Angelina V; DeVore, Laura B; Griffin, Matt L; Hollibaugh, Mike P; Keeling, Adrienne M; Littlejohn, David W;
Mindham, Daren; Morrissey, Phyllis G
Cc: 'Blaine.Paul@dukerealty.com'; 'preis@boselaw.com'
Subject: RE: Docket No. Assignment: (DP Amend/ADLS Amend) Liberty Mutual Group (06040025 DP Amend/ADLS Amend)
Please note the additional request and fees below. Please let me know if you have any questions.
Christine Barton-Holmes
Planning Administrator
Carmel City Hall
One Civic Square
Carmel, IN 46032
(317) 571-2425
-----Original Message-----
From: Holmes, Christine B
Sent: Tuesday, April 25, 20069:29 AM
To: Mast, Darren (dmast@carmel.in.gov); Brennan, Kevin S (kbrennan@carmel.in.gov); Ramona Hancock; Tingley,
Connie S; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Griffin, Matt L; Hollibaugh, Mike P; Holmes, Christine B;
Keeling, Adrienne M; Littlejohn, David W; Mindham, Daren; Morrissey, Phyllis G
Cc: 'Blaine.Paul@dukerealty.com'; 'preis@boselaw.com'
Subject: Docket No. Assignment: (DP AmendjADLS Amend) Liberty Mutual Group (06040025 DP AmendjADLS Amend)
I have issued the necessary Docket Number for (DP Amend/ADLS Amend) Liberty Mutual Group. It is the following:
Docket No. 06040025 DP Amend/ADLS Amend/Commitment Amend: Liberty Mutual Group
ADLS Amend Application $534.50
Fee:
DP Amend Application Fee: $802.00
Commitment Amendment $1,069.00
Fee:
$53.50 per acre x 7.8 $417.84
Total Fee: $2.823.34
Docket No. 06040025 DP Amend/ADLS Amend: Liberty Mutual Group
The applicant seeks Development Plan Amendment, Commitment Amendment, and Architectural Design, Lighting, and
Signage Amendment approval for 7.81 acres, for the purpose of constructing a three-story parking garage, replacing
some existing surface parking.
The site is located at 350 East 96th Street and is zoned B6/Business. The site is located within the US 31 Corridor
Overlay.
Filed by Paul Reis and Blaine Paul for Liberty Mutual and Duke Construction LP.
Petitioner, please note the following:
1. These items will be on the May 17, 2006, agenda of the Technical Advisory Committee (TAC). Please deliver
plans to all TAC members by May 3,2006, in order to be heard at the April TAC meeting.
2. Mailed and Published Public Notice needs to occur no later than Friday, May 26, 2006. Published notice is
required within the Indianapolis Star.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than NOON, Friday, June 9, 2006. Failure to submit Informational Packets by this
time will result in the tabling of the petition to the June 20, 2006, agenda of the Plan Commission.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, June 16, 2006. Failure
5/3/2006
.
Page 2 of2
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to submit Proof of Notice by this time will result in the tabling of the petition.
5. These items will appear on the June 20, 2006, agenda of the Plan Commission (under "Public Hearings").
6. These items will appear on the Tuesday, June 29, 2006, agenda of the Plan Commission Subdivision
Committee.
PETITIONER: refer to your instruction sheet for more detail. A Department of Community Services review letter is
forthcoming.
Mr. Paul can be reached at 317.808.6609
Thanks.
Christine Barton-Holmes
Planning Administrator
Carmel City Hall
One Civic Square
Carmel, IN 46032
(317) 571-2425
5/3/2006
Page lof2
Holmes, Christine B
Holmes, Christine B
Tuesday, April 25, 2006 9:29 AM
Mast, Darren (dmast@carmel.in.gov); Brennan, Kevin S (kbrennan@carmel.in.gov); Ramona Hancock; Tingley,
Connie S; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Griffin, Matt L; Hollibaugh, Mike P; Holmes,
Christine B; Keeling, Adrienne M; Littlejohn, David W; Mindham, Daren; Morrissey, Phyllis G
Cc: 'Blaine.Paul@dukerealty.com'; 'preis@boselaw.com'
Subject: Docket No. Assignment: (DP Amend/ADLS Amend) Liberty Mutual Group (06040025 DP Amend/ADLS Amend)
From:
Sent:
To:
I have issued the necessary Docket Number for (DP Amend/ADLS Amend) Liberty Mutual Group. It is the following:
Docket No. 06040025 DP Amend/ADLS Amend: Liberty Mutual Group
ADLS Amend Application $534.50
Fee:
DP Amend Application Fee: $802.00
$53.50 per acre x 7.8 $417.84
Total Fee: $1,754.34
Docket No. 06040025 DP Amend/ADLS Amend: Liberty Mutual Group
The applicant seeks Development Plan Amendment and Architectural Design, Lighting, and Signage Amendment approval for
7.81 acres, for the purpose of constructing a three-story parking garage, replacing some existing surface parking.
The site is located at 350 East 96th Street and is zoned B6/Business. The site is located within the US 31 Corridor Overlay.
Filed by Paul Reis and Blaine Paul for Liberty Mutual and Duke Construction LP.
Petitioner, please note the following:
1. These items will be on the May 17, 2006, agenda of the Technical Advisory Committee (TAC). Please deliver plans to
all TAC members by May 3, 2006, in order to be heard at the April TAC meeting.
2. Mailed and Published Public Notice needs to occur no later than Friday, May 26, 2006. Published notice is required
within the Indianapolis Star.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary Ramona
Hancock no later than NOON, Friday, June 9, 2006. Failure to submit Informational Packets by this time will result in the
tabling of the petition to the June 20, 2006, agenda of the Plan Commission.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, June 16, 2006. Failure to submit
Proof of Notice by this time will result in the tabling of the petition.
5. These items will appear on the June 20, 2006, agenda of the Plan Commission (under "Public Hearings").
6. These items will appear on the Tuesday, June 29, 2006, agenda of the Plan Commission Subdivision Committee.
PETITIONER: refer to your instruction sheet for more detail. A Department of Community Services review letter is forthcoming.
Mr. Paul can be reached at 317.808.6609
Thanks.
Christine Barton-Holmes
Planning Administrator
Carmel City Hall
One Civic Square
Carmel, IN 46032
(317) 571-2425
4/25/2006
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DOCKET NO.
TAC
DATE RECEIVED:
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For Department Use Only
Department of Community Services
TECHNICAL ADVISORY COMMITTEE
APPLICATION & PROCEDURES
Fee: $267.00
Prope~/nfor~ation ....................................................................................
ParceIID*: 16-13-11-04-17-001.00 & 16-13-11-04-17-001. O~a (acres): 7.81
Property Address: 350 E. 96th STREET
Zoning District: B-6 Overlay District (If applicable): U. S. 31 CORRIDOR OVERLAY ZONE
Legal Description: To be typewritten separately.
* Please attach a separate list for projects with multiple parcels.
J4ttorneylnfornnaUon ....................................................................................
Name: PAUL G. REIS, ATTORNEY FOR LIBERTY MUTUAL INSURANCE COMPANY
Address: 600 E. 96th STREET, SUITE 500, INDIANAPOLIS, IN 46240
Phone: 317-684-5369 Fax: 317-684-5316
Email Address: --t""'~ ... h,,~lAvI. Ccl)IM
!:ngineerlnfornnaUon ...................................................................................
Name: BLAINE PAUL
Address: 600 E. 96rli STREET, SUITE 100, INDIANAPOLIS, IN 46240
Phone: 317-808-6609 Fax: 317-808-6797
Email Address:BLAINE.PAUL@DUKEREALTY.COM
()MVnerlnfor~ation .......................................................................................
Name: INDIANA INSURANCE COMPANY (A LIBERTY MUTUAL GROUP COMPANY)
Address: 175 BERKLEY STREET, BOSTON, YiA 02116
Phone
Email Address:
Day: 617-357-9500 x 42958 Evening:
(JOANNE BRAGG, DIRECTOR OF FACILITIES)
Projectl>escripUon ......................................................................................
,
Please include a brief summary/history of the project: PORTION OF EXISTING SURFACE PARKING
WILL BE REDEVELOPED AS A PARKING GARAGE.
I, hereby swear that I am the owner/contract purchaser of property involved in this application and 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. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings andtestimony.
SignatureofOwn~~h1R~f~ AI/or"'f ~,.,rdwtI Date:~ ~ ~
(Printed Name) f~. ~ ~~c.~
1 of2
S:\FORMS\PC Applications - current\TAC only 2006.doc revised: 01/06/2006
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Le2al Description:
Indiana Insurance Company (a Liberty Mutual Group company)
Part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of said Quarter Section; thence South 90 degrees 00
minutes seconds West 1,827.62 feet along the South line of said Quartz Section; thence
leaving said South line North 00 degrees 40 minutes 57 seconds East 549.01 feet to the
Point of Beginning; thence continuing North 00 degrees 40 minutes 57 seconds East,
160.00 feet; thence South 90 degrees 00 minutes 00 seconds West, 225.00 feet; thence
North 00 degrees 00 minutes 00 seconds East 267.48 feet; thence North 90 degrees 00
minutes 00 seconds East 803.68 feet to the Point of curvature of a curve concave
Southwesterly having a central angle of 32 degrees 35 minutes 05 seconds and a radius of
222.50; thence Southeasterly along said curve an arc distance of 126.54 feet (said are
being subtended by a chord having a bearing of South 73 degrees 42 minutes 25 seconds
East and a length of 124.84 feet; thence South 00 degrees 00 minutes 00 seconds East,
357.40 feet; thence South 90 degrees 00 minutes 00 seconds West 500.00 feet; thence
South 00 degrees 40 minutes 57 seconds West 35.05 feet; thence South 90 degrees 00
minutes 00 seconds West 200.00 feet to the point of beginning and containing 7.81 acres,
more or less.
DUKE CONSTRUCTION
600 E. 96th Street-Suite 1 00
Indianapolis, Indiana 46240
317-808-6000
Job Name: Liberty Mutual Group (Indiana
Insurance Co) Parking Garage
o Shop Drawings
o Copy of letter
o Prints
o Plans
~ Other
o Samples
o Specifications
o Change Order
COPIES DATE NO. DESCRIPTION ACTION
2 5/1/06 2pgs. (1) Original & (1) Copy of TAC review application
2 4/06 5pgs. Elevations & Site Plans
2 4/06 11 pgs. Construction Drawings
2 4/06 Drainage Report
THESE ARE TRANSMITTED AS CHECKED BELOW:
A. D Approved as submitted
E. D Resubmit _ copies for approval
'I. D For your files / or job use
B. D Approved as noted
F. D Submit _ copies for distribution
J. D For your estimating use
c. D Returned for corrections
G. D Return _ corrected prints
K. ~ For review and comment
D. 0 Rejected
H. 0 For Approval
L. 0 Other - See Below
I
REMARKS
./
SIGNED:
Aaron Reynolds (317.808.6479)
Development Services Manager
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DEVELOPMENT PLAN OR (DP Amendment) APPLICATION
Fee: $802.00 plus $107.00 per acre OR ($802.00 plus $107.00 per acre)
DATE:
DOCKET NO.
Preliminary
Public Hearing Required
Final
Received By/Date
X Amended or Changed
Checked By
Name of
Project: Liberty Mutual Group (Indiana Insurance Company) Parking Garage
Proj ect
Address: 350 E. 96th Street, Indianapolis, IN
Legal
Description: (To be typewritten on separate sheet and attached)
Name of
Applicant: Duke Construction LP
Address: 600 E. 96th Street, Suite 100, Indianapolis, IN 46240
Contact Person: Blaine Paul
Telephone: 317-808-6609
Fax No. 317-808-6797
Email: Blaine.Paul@dukerealty.com
Name of Indiana Insurance Company
Landowner: (A Liberty Mutual Group company)
Telephone: 617-357-9500, x42958
Joanne Bragg, Director Facilities
Address: 175 Berkley Street, Boston, MA 02116
Plot Size:
7.81 acres
Zoning Classification: B-6/US 31 Corridor Overlay Zone
Present Use
of Property: The property is part of the Parkwood office development. The
parcel currently supports an office use with surface parking.
parking will be redeveloped as a parking garage. This property
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Proposed Use
of Property: In the proposed condition, A portion of the existing surface
will continue to support an office use.
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NOTE:
This application must be filed in duplicate and accompanied by: a) Two (2) copies of
the development plan which the applicant will be responsible for distribution among
TAC members; b) All necessary supporting materials.
The undersigned agrees that any construction, reconstruction, enlargem ent, relocation or
alteration of structures, or any change in the use ofland or structures requested by this
application will comply with and conform to all applicable laws of the State ofIndiana
and the zoning ordinance of Carmel, Indiana, adopted under the authority of Acts of
1979, Public Law 178, Sec. 1, et seq., General Assembly of the State ofIndiana, and all
Acts amendatory thereto.
Owner
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Paul G. Reis
Attorney for Liberty Mutual Insurance Company
acting on behalf of Indiana Insurance Company,
Owner
Signed:
(Typed)
STATE OF INDIANA
County of HA-Mlt-70IJ
Before me the undersigned, a Notary Public for 1-I-1HV1, L TO tJ
(county of residence)
County, State ofIndiana, personally appeared ?AvL 0. REI S
(name of person)
and acknowledged the execution of the foregoing instrument this
:2JA:t dayof ~ ,20 IJ(o .
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(Printed or Typed)
My Commission Expires:
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Lee:al Description:
Indiana Insurance Company (a Liberty Mutual Group company)
Part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast comer of said Quarter Section; thence South 90 degrees 00
minutes seconds West 1,827.62 feet along the South line of said Quartz Section; thence
leaving said South line North 00 degrees 40 minutes 57 seconds East 549.01 feet to the
Point of Beginning; thence continuing North 00 degrees 40 minutes 57 seconds East,
160.00 feet; thence South 90 degrees 00 minutes 00 seconds West, 225.00 feet; thence
North 00 degrees 00 minutes 00 seconds East 267.48 feet; thence North 90 degrees 00
minutes 00 seconds East 803.68 feet to the Point of curvature of a curve concave
Southwesterly having a central angle of 32 degrees 35 minutes 05 seconds and a radius of
222.50; thence Southeasterly along said curve an arc distance of 126.54 feet (said are
being subtended by a chord having a bearing of South 73 degrees 42 minutes 25 seconds
East and a length of 124.84 feet; thence South 00 degrees 00 minutes 00 seconds East,
357.40 feet; thence South 90 degrees 00 minutes 00 seconds West 500.00 feet; thence
South 00 degrees 40 minutes 57 seconds West 35.05 feet; thence South 90 degrees 00
minutes 00 seconds West 200.00 feet to the point of beginning and containing 7.81 acres,
more or less.
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Date
DOCKET NO.
ADLS AMENDMENT APPLICATION
Architectural Design, Lighting, Landscaping and Signage
Fees: Sign only: $267.00, plus $53.50/sign
Building/Site: $534.50, plus $53.50/acre
Name of Project: Liberty Mutual Group (Indiana Insurance Company) Parking Garage
Address: 350 E. 96th Street, Indianapolis, IN
Type of
Project: Structured Parking
Applicant: Duke Construction LP
Phone No. 317-808-6000
Contact Person/Company: Blaine Paul
Phone No. 317-808-6609 Fax No. 317-808-6797 Email: Blaine.Paul@dukerealty.com
Address: 600 E. 96th Street, Suite 100, Indianapolis, IN 46240
Legal Description: To be typewritten on a separate sheet
Area (in acres) 7.81 acres
Zoning B-6/US 31 Corridor Overlay Zone
Owner of Real Estate: Indiana Insurance Company (A Liberty Mutual Group company)
Carmel:
x
Clay Township:
Annexation: Y o@
Other Approvals Needed: Three variances are being requested for this project, as follows: 1)
height, 2) front yard setback and 3) side yard coverage.
Par kine:
No. of Spaces Provided: 1,010 spaces No. Spaces Required: 582 spaces
Alternate: 974 spaces
Desie:n Information
Type of Building: Parking Garage No. of Buildings: 1 accessory structure
Square Footage: 45,647 SF Height 36'-3"
No. of Stories 4
Maximum No. of Tenants:
nla
Type of Uses:
nla
~
RECEIVED
APR 2 J 2006
DOCS
Exterior Materials: Architectural Precast Colors: to match existing bldg. precast
Water by:
nla
Sewer by:
nla
Revised: 01/03/2006
S:\FoORMS\PC Applications - eurrent\ADLSAM~N.APP 20De.doc
1.
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LIGHTING
metal halide, Pole Mounted: 12' pole height
Type of Fixture: pole and wall mounted, Height of Fixture: Wall Mounted: 21' above grade
shoe box style
No. of Fixtures: See attached plan Additional Lighting: nla
* Plans to be submitted showing Foot-candle spreads at property lines, per the ordinance.
SIGNAGE
No. of Signs:
nla
Type of Signs: Only incidental signage will be
used to control traffic flow.
Location(s): nla
Dimensions of each sign: nla
Square Footage of each sign: nla
Total Height of each sign: nla
LANDSCAPING
* Plans to be submitted showing plant types, sizes, and locations
* ** ** *** ** *** **** *** **** *** ******* ** *** **** *
I the undersigned, to the best of my lmowledge and belief, submit the above
information as true and correct.
Signature of
Applicant:
Title: Development Services Manager
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Blaine Paul, Date: April 20, 2006 "'" >,
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* * * * * * * * * * II< II< * II< * * * * * * * * * * * II< * II< * * * * * * * * * * *: *,*' * *o;'f':D ,:
State of Indiana, : ._:TI. .~:;,~~ -7':c
SS: ~ -c:' . "". -
County of ~ c'- \ ~ 0 N ...<.~ ";~ ..:.....;':0:~~:?:~/'
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Before me the undersigned, a Notary Public for ('V\.. 0-... \' " 0 f'..- County,
State of Indiana, personally appeared b \ a ~,^<2- ? C<..",- \ and aclmowledged the
execution of the foregoing instrument this d o~ day of A r 1", ( , 200 to
~ _ r\) Connnission, Expires: =t - ;;) 6 - Oi-
~ (y ~, t:h~'t' Notary Public
Revised, 01/03/2006
S,\FORMS\PC Application. - current\ADLSl\MEN.APP 2006.doc
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Leeal DescriDtion:
Indiana Insurance Company (a Liberty Mutual Group company)
Part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast comer of said Quarter Section; thence South 90 degrees 00
minutes seconds West 1,827.62 feet along the South line of said Quartz Section; thence
leaving said South line North 00 degrees 40 minutes 57 seconds East 549.01 feet to the
Point of Beginning; thence continuing North 00 degrees 40 minutes 57 seconds East,
160.00 feet; thence South 90 degrees 00 minutes 00 seconds West, 225.00 feet; thence
North 00 degrees 00 minutes 00 seconds East 267.48 feet; thence North 90 degrees 00
minutes 00 seconds East 803.68 feet to the Point of curvature of a curve concave
Southwesterly having a central angle of 32 degrees 35 minutes 05 seconds and a radius of
222.50; thence Southeasterly along said curve an arc distance of 126.54 feet (said are
being subtended by a chord having a bearing of South 73 degrees 42 minutes 25 seconds
East and a length of 124.84 feet; thence South 00 degrees 00 minutes 00 seconds East,
357.40 feet; thence South 90 degrees 00 minutes 00 seconds West 500.00 feet; thence
South 00 degrees 40 minutes 57 seconds West 35.05 feet; thence South 90 degrees 00
minutes 00 seconds West 200.00 feet to the point of beginning and containing 7.81 acres,
more or less.
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(;)
COMMITMENT AMENDMENT
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
Fee: $1,069.00
Date:
Docket No.:
· Name of Owner: Indiana Insurance Company
Phone No.:(617) 357-9500 x 42958
(A Liberty Mutual Group company)
Attn.: Joanne Bragg, Director Facilities
Fax No.: (
)-
Owner's Address:
175 Berkley Street
Owner's Email:
City, State, Zip Boston. MA 02116
· Contact Person Name and Company: Paul G. Reis. Attorney for Liberty Mutual Insurance Company
Contact Person Phone NO., Fax No., Emai1: 317-684-5369
317-223-0369
preis~boselaw.com
Contact Person Address: Bose McKinney & Evans LLP. 600 E. 96th Street. Ste 500. Indianapolis. IN 46240
9249116
· Record of Ownership: Deed book: 9329579 Page:
Purchase Date: 03/04/93 & 12/10/92
· Legal Description (Use additional pagers] ifnecessary):
(See attached description.)
· Common Address of Property Involved (General Description ifno Address Exists):
350 E. 96th Street
· Detailed Description of the Modification of Commitments requested:
Petitioner requests a modification of commitment number 3 (1) made in connection with rezoning petition docket number
31-88Z and recorded as Instrument No. 89010299 in the office of the Recorder of Hamilton County. Indiana to-arrow a
parking garage to be located in the Parkwood development to be a maximum of 37 feet above the lowes{grade point.
excluding light standards and stair towers. . ~ ~ ~
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75634_2.DOC
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AFFIDAVIT
I, being duly sworn, depose and say that I am the attorney for Liberty Mutual Insurance Company acting on behalf ofIndiana
Insurance Company ( owner( s)) of Fifty Percent (50%) or more of the property involved in this application and that the
foregoing signature, statements, and answers herein contained and the information herewith submitted are in all respects true
and corr t to the best of my k,powledge and belief.
State of Indiana )
)SS:
County of Hamilton )
Before me the undersigned, a Notary Public for Hamilton
(officer's county of residence)
County, State ofIndiana, personally appeared Paul G. Reis and
(name ofperson(s))
acknowledged the execution of the foregoing instrument this V AX- day of
~L . ,2006.
~~
My commission expires: 10/19/09
. Mollv A. Stuckey
(printed or! typed)
75634_2.DOC
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Q
Le2al Description:
Indiana Insurance Company (a Liberty Mutual Group company)
Part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast comer of said Quarter Section; thence South 90 degrees 00
minutes seconds West 1,827.62 feet along the South line of said Quartz Section; thence
leaving said South line North 00 degrees 40 minutes 57 seconds East 549.01 feet to the
Point of Beginning; thence continuing North 00 degrees 40 minutes 57 seconds East,
160.00 feet; thence South 90 degrees 00 minutes 00 seconds West, 225.00 feet; thence
North 00 degrees 00 minutes 00 seconds East 267.48 feet; thence North 90 degrees 00
minutes 00 seconds East 803.68 feet to the Point of curvature of a curve concave
Southwesterly having a central angle of 32 degrees 35 minutes 05 seconds and a radius of
222.50; thence Southeasterly along said curve an arc distance of 126.54 feet (said are
being subtended by a chord having a bearing of South 73 degrees 42 minutes 25 seconds
East and a length of 124.84 feet; thence South 00 degrees 00 minutes 00 seconds East,
357.40 feet; thence South 90 degrees 00 minutes 00 seconds West 500.00 feet; thence
South 00 degrees 40 minutes 57 seconds West 35.05 feet; thence South 90 degrees 00
minutes 00 seconds West 200.00 feet to the point of beginning and containing 7.81 acres,
more or less.
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(.)
STATEMENT OF MODIFICATION
OF COMMITMENTS
COMMITMENTS MODIFYING EXISTING
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF
REAL ESTATE MADE IN CONNECTION WITH
REZONING OF PROPERTY
In connection with I.C. 36-7-4-613, the owner of the real estate located in Hamilton
County, Indiana, which is described below, makes the following modification(s) or
termination(s) of commitments concerning the use and development of that parcel of
real estate:
Legal Description:
(See attached Exhibit A, the "Real Estate')
Statement of Modification of Commitments:
1. Commitment Number 3(1) of the Commitments made in connection with rezoning
petition docket number 31-88Z and recorded as Instrument No. 8910299 in the Office of
the Recorder of Hamilton County, (the "Commitments"), Indiana, as applicable to the
Real Estate, is hereby modified to read in its entirety as follows:
The parking garage to be located on the Real Estate may be grade
plus three levels in height (maximum of 37 feet, excluding light
standards and stairtowers), as measured at the south fagade of the
parking garage."
These Commitments, as herein amended, shall be binding on the owner, subsequent
owners of the real estate or other persons acquiring an interest therein. These
Commitments, as herein amended, may be modified or terminated by a decision of the
Carmel Plan Commission made at a public hearing after proper notice has been given.
The modification of the Commitment contained in this instrument shall be effective upon
the adoption of modification or termination approved by the Carmel Plan Commission in
petition docket number
The Commitments, as amended herein, may be enforced by the Carmel Plan
Commission.
75651_2.DOC
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The undersigned hereby authorizes the Department of Community Services to record
this Statement in the Office of the Recorder of Hamilton County, Indiana, upon final
approval of the modification of the Commitment(s) contained in docket number
by the Carmel Plan Commission.
of
IN WITNESS WHEREOF, Owner has executed this instrument this
,2006.
day
Indiana Insurance Company,
a Liberty Mutual Group company
By:
Title:
75651_2.DOC
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COMMONWEALTH OF MASSACHUSETTS
COUNTY
)
) SS:
On this _ day of , 2006, before me appeared to
me personally known, who, being by me duly sworn (or affirmed), did say that he is the
of and that the seal affixed to said
instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors (or
trustees), and said acknowledged said instrument to be the free
act and deed of said corporation.
WITNESS my hand and Notarial Seal this _ day of
,2006.
Pri nted
My Commission Expires
My County of Residence
This Statement of Modification of Commitments was approved by the Carmel Plan
Commission on the day of , 2006.
CERTIFICATION:
Michael Hollibaugh, Director
Department of Community Services
WITNESS:
Ramona Hancock
Secretary, Carmel Plan Commission
This instrument prepared by Paul G. Reis, Attorney at Law, Bose McKinney & Evans, 600 East 96th Street, Suite
500, Indianapolis, Indiana, 46240.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each
Social Security number in this document, unless required by law.
Paul G. Reis
75651_2.DOC
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Leeal DescriDtion:
Indiana Insurance Company (a Liberty Mutual Group company)
Part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Southeast comer of said Quarter Section; thence South 90 degrees 00
minutes seconds West 1,827.62 feet along the South line of said Quartz Section; thence
leaving said South line North 00 degrees 40 minutes 57 seconds East 549.01 feet to the
Point of Beginning; thence continuing North 00 degrees 40 minutes 57 seconds East,
160.00 feet; thence South 90 degrees 00 minutes 00 seconds West, 225.00 feet; thence
North 00 degrees 00 minutes 00 seconds East 267.48 feet; thence North 90 degrees 00
minutes 00 seconds East 803.68 feet to the Point of curvature of a curve concave
Southwesterly having a central angle of 32 degrees 35 minutes 05 seconds and a radius of
222.50; thence Southeasterly along said curve an arc distance of 126.54 feet (said are
being subtended by a chord having a bearing of South 73 degrees 42 minutes 25 seconds
East and a length of 124.84 feet; thence South 00 degrees 00 minutes 00 seconds East,
357.40 feet; thence South 90 degrees 00 minutes 00 seconds West 500.00 feet; thence
South 00 degrees 40 minutes 57 seconds West 35.05 feet; thence South 90 degrees 00
minutes 00 seconds West 200.00 feet to the point of beginning and containing 7.81 acres,
more or less.