HomeMy WebLinkAboutRecorded Amended Statement of Commitments - 111th & Penna�
2023000519 MISC $25.00
01/06/2023 09:53:21A 7 PGS
Trinl Beaver
HAMILTON County Recorder IN
Recorded as Presented
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EXHIBIT B
STATEMENT OF COMMITMENTS
(Rev. October 18, 2022)'M�= *- 2-NSC039 7g
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH REZONING OR APPROVAL PETITION
In accordance with IC 36-7-4-1015, Pedcor Community Development Corporation, owner
of the real estate located in Hamilton County, Indiana which is described below, makes the
following commitments concerning the use and development of the following parcel of real estate:
Legal Description: See attached Exhibit A.
Statement of Commitments:
1. At such time - as the real estate is subsequently developed pursuant to approved
Development Plan and ADLS Petitions, Owner shall maintain a tree preservation area and
buffer area along portions of the east and north property lines. The widths of the tree
preservation area and buffer area shall be measured from the existing property lines. These
areas and the standards of these areas are defined as follows:
a. The tree preservation area shall be left natural, designated as a "no mow" area, and
shall follow the standards of Section 33.07 of the Carmel Zoning Ordinance. These
standards shall be applicable to the following portions of the north and east property
lines:
i. Beginning at the northwest corner of the property and extending eastward
along the north property line to the western right-of-way line of Washington
Boulevard (extended), this section of the tree preservation area shall have a
minimum width of ten (10) feet.
ii. Continuing eastward from the western right-of-way line of Washington
Boulevard (extended) along the north property line of the property to the
northeast corner of the property and continuing southward along the east
property line terminating at the southwest corner of the parcel addressed as
11172 Ruckle Street, this section of the tree preservation area shall have a
minimum width of fifty (50) feet.
b. The buffer area shall be that portion of the east property line beginning at the
southwest corner of the parcel addressed as 11172 Ruckle Street and extending
southward to and terminating at the southwest comer of the parcel addressed as
11132 Blackstone Court. The buffer area shall have a minimum width of thirty-five
(35) feet. At such time as the real estate is subsequently developed pursuant to
approved Development Plan and ADLS Petitions, Owner shall install in this buffer
area, landscaping with a minimum base -planting unit for each one hundred (100)
linear foot increment of the buffer area consisting of the following:
i. Six (6) native 2.5" caliper shade trees with no more than two (2) being
evergreen trees;
ii. Two (2) native 2.0" caliper ornamental trees;
iii. Fifteen (15) native 24" tall shrubs.
Following the installation of the required landscaping within the buffer area, the
buffer area shall be subject to a maintenance plan to be approved by the City of
Carmel's Urban Forester. The intent of the maintenance plan is to have the buffer
area to appear as natural while preventing invasive species of plants overtaking the
required landscaping.
Within the area south of this buffer area, extending southward to and terminating
at the southeast corner of the property, Owner may install retention/detention ponds
in this area as approved as part of a Development Plan/ADLS approval.
c. At such time as the real estate is subsequently developed pursuant to approved
Development Plan and ADLS Petitions, Owner shall install and maintain a six (6)
foot tall; -shadow-box cedar fence along the eastern property line of the property. A
gap or opening of approximately ten (10) feet in width through the fence for
pedestrian use of an asphalt path, which shall be provided where Burr Oak Drive
abuts the property.
2. All buildings constructed after the effective date of these Commitments with direct
frontage on Pennsylvania Street or 111' Street which are within five hundred (500) feet of
the intersection of 111a' Street and Pennsylvania Street shall be a minimum of four (4)
stories in height.
3. Accessory buildings constructed after the effective date of these Commitments must be
architecturally compatible with the principal building(s) and utilize the same exterior
building materials as the principal building(s) on all sides of the accessory building.
4. An internal north/south street connecting to 111 h Street and an internal east/west street
connecting to Pennsylvania Street must be provided within the development as part of any
future development of the real estate. Both internal streets shall be dedicated to and
maintained by the City of Carmel for public use. Owner shall not physically connect the
internal north/south street to Washington Boulevard or the internal east/west street to Burr
Oak Drive.
5. Cultural & Entertainment Uses and Retail & Service Uses (as defined by the Carmel
Zoning Ordinance, Appendix A: Schedule of Uses) will be prohibited in buildings east of
the internal north/south street, except that such uses will be deemed permitted uses for
street -level tenants.
6. No vehicular parking areas shall be permitted between a building face and Pennsylvania
Street or between a building face and I I Ph Street.
7. Parking garages located east of the internal north/south street shall be limited to a
maximum of two levels of parking above grade. Additionally, parking garages within the
development shall be designed in a manner that a minimum of thirty-five (35) percent of
the total initial garage parking spaces can be converted to other uses in the future.
8. The maximum building setback of thirty-five (35) feet shall apply to the primary building
frontages on Pennsylvania Street and 11 Ph Street. Pertaining to this maximum building
setback requirement, Owner retains the option to request a Zoning Waiver, as provided in
Section 20F.00.03(7) in the Carmel Zoning Ordinance.
9. Light levels shall not exceed one -tenth (0.1) footcandles on any property line which is
shared with and abuts a residential use.
-10; At such time - -as- the real estate is subsequently developed pursuant to approved
Development Plan and ADLS Petitions, the development will join the Carmel Bike Share
program by providing a bike share station within the development for an initial period of
three (3) years. The Owner will consult with the City of Carmel Active Transportation
Coordinator to determine the number of bicycles and the location of the bike share station
within the development. Following the initial period, continuation of the bike rental
location will be reviewed by the Owner on an annual basis.
Additionally, development of the property shall include long-term bicycle parking spaces
in compliance with the standards of Section 27.06.04 of the Carmel Zoning Ordinance. The
number of long-term bicycle parking spaces shall be as follows:
Use I Required Amount
Office 14 spaces for each 10,000 sq. ft., minimum of 2 spaces
Restaurants 2 spaces for each 12,000 sq. ft. of floor area, minimum of 2
, I spaces
Commercial parking garages � 1.5 spaces per 20 automobile spaces, minimum of 2 spaces
In addition to public bicycle parking, commercial parking
garages shall also include water fountain(s) and a bike
maintenance stand. The location and design shall be reviewed
and approved by the TSC.
11. Owner will comply with the Carmel Thoroughfare requirements.
12.Owner will direct all construction traffic to access and leave the development from either
111t' Street or Pennsylvania Street.
These COMMITMENTS shall be binding on the owner, subsequent owners of the real estate
and other persons acquiring an interest therein. These COMMITMENTS may be modified or
terminated by a decision of the Carmel Plan Commission made at a public hearing after proper
notice has been given.
COMMITMENTS contained in this instrument shall be effective upon the adoption of Docket
Number 17030026OZ approved by the Carmel City Council in Ordinance No. Z-628-17.
These COMMITMENTS may be enforced by the Carmel Plan Commission.
The undersigned will record these COMMITMENTS in the office of the Recorder of Hamilton
County, Indiana, pursuant to Docket Number 17030026 Z by the Carmel City Council and will
provide a copy of the recorded COMMITMENTS to the Department of Community Services.
IN WITNESS WHEREOF, owner has executed this instrument on January 5, 2023.
PEDCOR COMMUNITY DEVELOPMENT CORPORATION
By: 94---
Alison S. Birge, Senior Vi esident
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON
-_ -Before mu, --a Notary Public in- and for said County and State, personally appeared
Alison S. Birge, as Senior Vice -President of Pedcor Community Development Corporation, owner
of real estate, who acknowledged the execution of the foregoing instrument and who, having been
...duly. sworn, stated that any representations therein contained are true.
Subscribed and sworn to before me on January 5, 2023.
CRAIGALLEN sCHILDMEIER
...... B1
�;: My Commission Expires Signed:-
_+: SEAL '*= May 17, 2028 Notary Public ^ ^
Commission Number NP0726852
'•oF; Q: Hamilton County County of Residence:
My Commission Expires:
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. By: Michael D. Bivens, Preparer.
This instrument was prepared by Michael D. Bivens, Attorney, Pedcor Financial Bancorp,
770 Third Avenue SW, Carmel, IN 46032.
EXHIBIT A
The Land referred to herein below is situated in the County of Hamilton, State of Indiana, and is described as follows:
PARCELI: **379.44
PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 3
EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A PK NAIL MARKING THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER THENCE SOUTH 88
DEGREES 54 MINUTES 42 SECONDS WEST (ASSUMED BEARING) ALONG THE SOUTH LINE THEREOF A DISTANCE OF
1351.47 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 16
MINUTES 44 SECONDS EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 1,327.31 FEET TO THE NORTHWEST
CORNER THEREOF; THENCE NORTH 88 DEGREES 49 MINUTES 25 SECONDS EAST ALONG THE NORTH LINE THEREOF A
DISTANCE OF 1348.29 FEETTO THE NORTHEAST CORNER THER ; THENCE SOUTH 00 DEGREES 08 MINUTES 23
SECONDS WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 1'zTTO A 5/8 INCH REBAR AND CAP
SCRIBED "BENCHMARK SURVEYING" (HEREINAFTER REFERRED TO AS 5/8 INCH REBAR; THENCE SOUTH 88 DEGREES
54 MINUTES 42 SECONDS WEST A DISTANCE OF 678.05 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 00 DEGREES 08
MINUTES 23 SECONDS WEST A DISTANCE OF 393.92 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 88 DEGREES 41
MINUTES 01 SECONDS EAST A DISTANCE OF 678.04 FEET TO A 5/8 INCH REBAR AND SAID EAST LINE; THENCE SOUTH
00 DEGREES 08 MINUTES 23 SECONDS WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 527.49 FEETTO THE
POINT OF BEGINNING. CONTAINING 29.470 NET ACRES, MORE OR LESS.
EXCEPTING THEREFROM:
A PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 3 EAST, HAMILTON COUNTY,
INDIANA, AND BEING THAT PART OF THE GRANTOR'S LAND LYING WITHIN THE RIGHT OF WAY LINES DEPICTED ON
THE ATTACHED RIGHT OF WAY PARCEL PLAT, MARKED EXHIBIT "B", DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER DESIGNATED AS POINT "1" ON THE
LOCATION CONTROL ROUTE SURVEY PLAT RECORDED AS INSTRUMENT 2010-015472, IN THE OFFICE OF THE
RECORDER OF SAID COUNTY; THENCE NORTH 01 DEGREE 30 MINUTES 30 SECONDS EAST A DISTANCE OF 23.51 FEET,
ALONG THE WEST LINE OF SAID QUARTER SECTION, TO THE SOUTHERN BOUNDARY OF PENNSYLVANIA STREET;
THENCE SOUTH 87 DEGREES 44 MINUTES 39 SECONDS EAST A DISTANCE OF 32.99 FEET (33.02 FEET BY INSTRUMENT
NUMBER 200200045075) ALONG SAID SOUTHERN BOUNDARY, TO AN EASTERN BOUNDARY OF SAID PENNSYLVANIA
STREET; THENCE NORTH 01 DEGREE 30 MINUTES 30 SECONDS EAST A DISTANCE OF 193.55 FEET (193.23 FEET BY
INSTRUMENT NUMBER 200200045075) ALONG SAID EASTERN BOUNDARY; THENCE CONTINUING ALONG SAID
EASTERN BOUNDARY NORTHEASTERLY 207.31 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 3,764.72
FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 03 DEGREES 05 MINUTES 09 SECONDS EAST
AND A LENGTH OF 207.28 FEETTO THE POINT DESIGNATED "333" ON SAID PARCEL PLAT; THENCE SOUTH 85
DEGREES 22 MINUTES 10 SECONDS EAST A DISTANCE OF 9.92 FEET TO THE POINT DESIGNATED 11332" ON SAID
PARCEL PLAT; THENCE SOUTH 04 DEGREES 01 MINUTE 50 SECONDS WEST A DISTANCE OF 78.85 FEET TO THE POINT
DESIGNATED "331" ON SAID PARCEL PLAT; THENCE SOUTH 05 DEGREES 36 MINUTES 49 SECONDS EAST A DISTANCE
OF 184.56 FEET TO THE POINT DESIGNATED "330" ON SAID PARCEL PLAT; THENCE SOUTH 15 DEGREES 50 MINUTES
44 SECONDS EAST A DISTANCE OF 83.82 FEET TO THE POINT DESIGNATED "329" ON SAID PARCEL PLAT; THENCE
SOUTH 48 DEGREES 51 MINUTES 10 SECONDS EAST A DISTANCE OF 59.75 FEET TO THE POINT DESIGNATED 11328" ON
SAID PARCEL PLAT; THENCE SOUTH 89 DEGREES 50 MINUTES 16 SECONDS EAST A DISTANCE OF 85.00 FEET TO THE
POINT DESIGNATED "327" ON SAID PARCEL PLAT; THENCE SOUTH 87 DEGREES 59 MINUTES 24!5ECONDS EAST A
DISTANCE OF 155.08 FEET TO THE POINT DESIGNATED "325" ON SAID PARCEL PLAT; THENCE SOUTH 00 DEGREES 09
MINUTES 44 SECONDS WEST A DISTANCE OF 35.00 FEET TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE
NORTH 89 DEGREES 50 MINUTES 16 SECONDS WEST A DISTANCE OF 380.00 FEET, ALONG SAID SOUTH LINE, TO THE
POINT OF BEGINNING AND CONTAINING 0.605 ACRES, MORE OR LESS, INCLUSIVE OF THE PRESENTLY EXISTING
RIGHT OF WAY, WHICH CONTAINS 0.087 ACRES, MORE OR LESS.
SUBJECT TO THE PERMANENT RIGHT-OF-WAY FOR PENNSYLVANIA STREET PER THE CITY OF CARMEL PROJECT NO.
97-04, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE
3 EAST, HAMILTON COUNTY, INDIANA, BEING THAT PART OF THE LAND DESCRIBED IN DEED RECORD 173, PAGE 276,
AS RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, LYING WITHIN THE PROPOSED
RIGHT OF WAY DEPICTED ON THE ATTACHED RIGHT OF WAY PARCEL PLAT OF PARCEL 111-1E OF THE CITY OF
CARMEL PROJECT 97-04, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID QUARTER SECTION NORTH 1 DEGREE 30 MINUTES 31 SECONDS
EAST 23.51 FEET FROM THE SOUTHWEST CORNER OF SAID QUARTER SECTION, WHICH POINT OF BEGINNING IS ON
THE NORTH BOUNDARY OF 111TH STREET; THENCE NORTH 1 DEGREE 30 MINUTES 31 SECONDS EAST 1,304.36 FEET
ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID QUARTER -QUARTER SECTION; THENCE SOUTH 89
DEGREES 55 MINUTES 57 SECONDS EAST 133.00 FEET ALONG THE NORTH LINE OF SAID QUARTER -QUARTER
SECTION; THENCE SOUTHWESTERLY 427.35 ALONG AN ARC TO THE RIGHT AND HAVING A RADIUS OF 3,864.72 FEET
AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 6 DEGREES 46 MINUTES 10 SECONDS WEST AND
A LENGTH OF 427.13 FEET TO THE POINT DESIGNATED AS POINT "130" ON SAID RIGHT OF WAY PARCEL PLAT;
THENCE SOUTH 9 DEGREES 56 MINUTES 14 SECONDS WEST 136.58 FEET TO THE POINT DESIGNATED AS POINT "221"
ON SAID RIGHT OF WAY PARCEL PLAT; THENCE SOUTHWESTERLY 555.29 FEET ALONG AN ARC TO THE LEFT AND
HAVING A RADIUS OF 3,774.72 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 5 DEGREES
43 MINUTES 22 SECONDS WEST AND A LENGTH OF 554.79 FEET TO THE POINT DESIGNATED AS POINT "218" ON SAID
RIGHT OF WAY PARCEL PLAT; THENCE SOUTH 1 DEGREE 30 MINUTES 31 SECONDS WEST 193.23 FEET TO THE NORTH
BOUNDARY OF 111TH STREET AND TO THE POINT DESIGNATED AS POINT "223" ON SAID RIGHT OF WAY PARCEL
PLAT; THENCE NORTH 89 DEGREES 47 MINUTES 48 SECONDS WEST 33.02 FEET ALONG THE BOUNDARY OF SAID
111TH STREETTO THE POINT OF BEGINNING AND CONTAINING 2.139 ACRES, MORE OR LESS.
PARCEL 2:
PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY,
INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A P.K. NAIL MARKING THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID
NORTHEAST QUARTER; THENCE NORTH 00"08'23" EAST (ASSUMED BEARING) ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER A DISTANCE OF 527.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH
00°08'23" EAST ALONG SAID EAST LINE A DISTANCE OF 422.38 FEET; THENCE SOUTH 88'54'42" WEST A DISTANCE
OF 678.05 FEET, THENCE SOUTH 00-09-23" WEST A DISTANCE OF 393.92 FEET; THENCE SOUTH 88°41'01" EAST A
DISTANCE OF 678.04 FEET TO THE POINT OF BEGINNING. CONTAINING 6.352 ACRES, MORE OR LESS.