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Home My WebLink AboutCommitments V-102-01 Recorded " >-~ . '.: u u u Lc;>r;;>","gc;;>~"," Il \;;) I v- (62. -0' 4100 e. Cfl.~ T1J 5r. 20020002110....1 d ~v__ ,IOAJD.A F'1 d fot' Recot' in re ","w He "T H~M1LTON COUNTY, INDIANA r~ARY L CLARK 03-18-2002 12:40 pm. MISe 13.00 .,/;~<~SfTT!"""';'-' / '''''.~ ~ /' '-, ..- /' . RECE\VEO .\ : . M~R is 200~ i"J \:- . DOCS COMMITMENTS CONCERNING THE '-<.>> /,.'::;/USE AND DEVELOPMENT OF REAL ESTATE "\'::'(~L~D'T li=S::5/ ......'" CC(Q)~Y Dan Young Motors, LLC dlb/aPenske Honda ("Penske") makes the following commitments ("Commitments") to the Plan Commission (the "Commission") of the City of Carmel, Indiana: t. Description of Real Estate. The real estate is legally described on Exhibit A (the "Real Estate"). 2. Docket Number. V-t02-0t. 3. Definitions. The following definitions shall apply: (a) The term "City" shall mean and refer to the City of Carmel, Indiana. (b) The term "Real Estate" shall mean and refer to the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A". (c) The term "Sign" shall mean and refer to the sign that was approved by the Carmel/Clay Board of Zoning Appeals on the 24th day of September, 200t, under Docket No. V-t02-0 t, which sign is a 52.57 square foot ground identification sign located on the East 96th Street frontage. 4. Commitment. If at any time a sign is required to be moved, the relocatjon of the Sign will be accomplished at the sole expense of Penske or its successor or assign, 'and the City, or its successor or assigJ;l, will not be liable for any damages or expenses incident thereto. 5. Binding on Successors and Assigns. After the Effective Date (defmed below), these Commitments are binding upon Penske and its successor or assign, unless modified or terminated by the Commission. These commitments 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. 6. Recording. The undersigned hereby authorizes the Secretary of the Commission to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. 7. Enforcement. These Commitments may be enforced by the Commission and the City of Carmel and any owner of part or .all of the Real Estate. 1 o 8. Compliance Confinnation. The Director of the Department of Cornm~ty Development of the City of Cannel, Indiana, shall, when requested by the owner of the Real Estate, give written assurance, in letter fonn, that the owner of the Real Estate has or has not complied with these Commitments. EXECUTED this /~ day of 11t4t~e,I-f .2002. DAN YOUNG MOTORS, LLC ~~~ STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) o Notary Public in and fO:;1;d County and State, personally appeared , th~ fLp- A'p;,~ztrDan Young Motors, LLC fa Penske Honda, who ac owledged the execution of the foregoing Commitments. My Commission Expires: d~7-c) 7 Residing i~~,.u;ounty WITNESS my hand and Notarial Seal this -L.L day of Yn~ --I ~ , 2002. ~--,C;Y: ~- Notary Public - Signature /lA/AI L, LJ&L~ Printed Name Prepared By: Charles D. Frankenberger, Nelson & Frankenberger, 3021 East 98th Street, Suite 220, Indianapolis, Indiana 46204. H:\Janet\Oan Young ChevyIBody Shop\Conunibncnts.wpd o -2- "r " . u u u EXlllBIT "A" . ' A part of the South Halfofthe Southwest Quarter of Section 8, Township 17 North, Range 4 East of the Second " PrinCipal Meridian in Clay Township ofHam!lton County, Indiana, being more panicularly described as follows: Commencing at the Southwest comer of the Southwest Quarter of Section 8, ToWnship 17 North. Range 4 East of the Second Principal Meridian in Clay Township ofHamnton County, Indiana; thence North 90 degrees 00 minutes 00 seconds East (Assumed Bearing) along the south line thereof 1260.00 feet to a PQint being on tht East line of Lakeshore Drive East extended; thence North 00 degrees 00 minutes 00 seconds East along said extended right-of-way . line 55.00 feet to an iron pin on the North right-of-way line of East 96lh Street and the POINT OF BEGINNING of the following described real estate; thence North 90 degrees 00 minutes 00 seconds East parallel.with the south line of said quarter section and along said North right-of-way line 352.92 feet to an iron pin; thence North 00 degrees 00 minutes 07 seconds West 652.34 feet to a point; thence South 89 degrees 59 minutcs S3 seconds West 12.48 feet to the southwest COmer ofa masonry wall; thence North 00 degrees 00 minutes 07 seconds West along sai,d masonry wall and the northern extension thereo-h distance of 176.31 feet to an iron pin on the South right-of-way of Bauer Drive East as.recorded in Miscellaneous Record 159. pages 33-35 in the Officcofthe Recorder of Hamilton County, Indiana; thence South 8.9 degrees 51 minutes 41 seconds West along said right-of-way 228.21 feet to an iron pin on the East right-of-way 2.fLakeshore Drive East; thence South 00 degrees 08 minutes 19 seconds East along said right-of-way 337.90 feet to an iron pin at the point of curvature ofa curve to the right having a radius of380.oo feet and a long chord which bears South 12 degrees 48 minutes 37 seconds West 170.30 feet from said point; thence along said curve to !he right an arc distance of 171.76 feet to an iron pin at the point of tangency thereor, thence South 2S degrees 45 minutes 35 seconds West along said right-of-way 100.00 feet to an iron pin at the point of curvature of a curve to the left having a radius of 320.00 feet and a long chord which bears South 12 degrees 52 minutes 47 seconds West 142.66 feet from said point; thence along said curve to the left an arc distance of 143.87 feet to an iron pin at the point of tangency thereof; thence South 00 degrees-OO minutcs 1 I seconds East along said right-of-way 95.00 feet to the Point of Beginning. Containing 5.26 Acres, more or less. . A part of the South Halfofthe Southwest Quarter of Section 8, Township 17 North, Range 4 East oithe Second Principal Meridian in Clay Township of Hamilton County, Indiana, being more p~icularly descn"bed as follows: Commencing at the Southwest comer of the Southwest Quarter of Section 8, Township 17 North. Range 4 East of the Second Principal Meridian in Clay Township of Hamilton County. Indiana; thence North 90 degrees 00 minutes 00 seconds East (Assumed Bearing) along the south line thereof 1260.00 feet to a point being on the East line of Lakeshore Drive East extCRde~; thence North 00 degrees 00 minutes 00 seconds East along said extended right-of-way line 55.00 feet to an iron pin on the Nonh right-of-way line of East 96d1 Street; thence North 90 degrees 00 minutes 00 seconds East parallel with the south line of said quarter section and along said North right-of-way line 352.92 feet to an iron pin at the POIf\6' OF BEGINNING of~e fonowing described real estate; thence continue North 90 degrees 00 minutes 00 seconds East along ~aid North right-of-way line 243.23 feet to a PK Nail; thence North 00 degrees 10 minutes SO seconds East 487.20 feet to a PK Nail; thence North 90 degrees 00 minutes 00 seconds East parallel with said south line 184.30 feet to an iron pin on the West right-of-way ~fBauer Drive East as recorded in Miscellaneous Record 159, pages 33-35 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 10 minutes 48 seconds West along said right-of-way 167.64 feet to an iron pin at the point of curvature of a curve to the left having a radius of 175.00 feet and a long chord whicp bears North 45 degrees 09 minutes32 seconds West 247.40 feet from said point; thence along said curve to the left an arc distance of274.76 feet to an iron pin at the point of tangency thereof; thence South 89 degrees 51 minutes 41 seconds West along said right-of-way 265.62 feet to an iron pin; thence South 00 degree 00 minute 07 seconds East 176.31 feet to the southwest coml:r of a masonry wall; thence North 89 degrees 59 ~inutes 53 seconds East 12..48 feet to a point; thence South 00 degrees 00 minutes 07 seconds Ellst652.34 feet to the Point of Beginning. Containing 5.99 Acrl:s, marl: or less.