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HomeMy WebLinkAboutCommitments - Recorded .. .,~ Q ~(Q)[P)Y u 200200023253 " ~;;51J[~'J.:z2>" Filed for Record in I,~)/ A '\;;/\ HAMILTON COUNTY I INDII~"JA T \~,;\ MA~Y : CLARK . f.::( IPJ~~W~@ \--\ ~1 sEb 2002 03. 4 b~~o~J MAR 21..2002 J;=i ~:\ DOCS JC~ \/'" AI \ /~ /ft. ' \~~)}r~D--\ (~\Y' <1;~1 "V ~-, COMMITMENT CONCERNING THE DEVELOPMENT AND USE OF REAL EST ATE In accordance withJ.C. ~ 36-7-4-900 et seq., the undersigned, W-P Real Estate, Inc., the owner (the "Owner") of the following described real estate located in the City of Carmel, Hamilton County, Indiana, makes the following Commitment Concerning the Development and Use of Real Estate ("Commitment") to the Carmel/Clay Board of Zoning Appeals ("BZA"). I. Description of Real Estate. See Exhibit A (the "Real Estate"). 2. Docket Nos. V-163-0l and V-I 64-01. 3. Statement of Commitment. If a governmental unit acquires from the Owner additional right-of-way for the purpose of widening 96th Street and the acquisition requires the Owner to move the ground sign approved by the BZA under Docket Nos. V-163-01 and V-164-01, the Owner will move the sign to a location acceptable to the governmental unit and the Owner or remove the sign; either to occur at Owner's expense. 4. Binding on Successors & Assigns: This Commitment is binding on the Owner, each subsequent owner of the Real Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated by the BZA. This Commitment may be modified or terminated only by a decision of the BZA made at a public hearing after notice has been provided pursuant to the rules of the BZA. 5. Effective Date: This commitment shall become effective upon the approval by the BZA of the Developmental Standards Variance application filed under Docket Nos. V-163-01 and V-164-01 and the recordation of this document in the Office of the Recorder of Hamilton County, Indiana. 6. Recording: The undersigned authorize the Secretary of the BZA or the Director of the Department of Community Services ("DOCS") to record these commitments in the Office of the Recorder of Hamilton County, Indiana. 7. Enforcement: The BZA and DOCS may enforce this Commitment. .# u u Commitment Concerning Development and Use of Real Estate W-P Real Estate, Inc. Page 2 of2 W-P Real Estate, Inc. By: /lief:;; u/. ~~ NOI~J.;- "F: WI/t//c LG/{ Printed Name ?~t;C[' Title STATE OF INDIANA ) ) SS: COUNTYOFHAMaTON ) Before me, a Notary Public, in and for said County and State, personally appeared Horst F. Winkler President ofW-P Real Estate, Inc., and acknowledged execution of the foregoing Commitment. Witness my hand and Notarial Seal this ~ day of February ,2002. My Commission Expires: June 11, 2009 Residing in Hami 1 ton County Judy Johnston Printed Name This instrument prepared by Paul G. Reis, Attorney-at-Law, The Reis Law Firm, LLC, 12358 Hancock Street, Carmel, Indiana, 46032-5807. 1:\2073\3\Commitment.doc ", -.j'"' Q o Exhibit" A" Legal Description Part of the South Half of the Southwest Quarter of Section 8, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest comer of the Southwest Quarter of Section 8, Township 17 North, Range 4 East; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) on the south line of said Southwest Quarter 671.28 feet; thence North 00 degrees 00 minutes 00 seconds 35.00 feet to a point on the North line of real estate granted to the Board of County commissioners of Hamilton County, Indiana for the right-of-way of 96th Street, as per Grant thereof recorded in Deed Record 207, pages 136 and 137 in the Office ofthe Recorder of Hamilton County, Indiana, said point being the place of beginning ofthe within described real estate; thence North 90 degrees 00 minutes 00 seconds East parallel with said South line and on the North line of said Right-of-Way Grant 338.72 feet; thence North 00 degrees 00 minutes 00 seconds 495.00 feet; thence North 76 degrees 14 minutes 07 seconds West 215.76 feet; thence North 78 degrees 57 minutes 47 seconds West 128.61 feet; thence North 84 degrees 19 minutes 01 seconds West 2.95 feet to a point on a line which bears North 00 degrees 00 minutes 00 seconds from the place of beginning; thence South 00 degrees 00 minutes 00 seconds on said line 571.25 feet to the place ofbeginning, containing 4.162 acres, more or less. I:\207313\Legal Description.doc