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Home My WebLink AboutCommitments RECORDED concerning Development & Use of Real Estate . u (;) COMMITMENTS CONCERNING THE DEVELOPMEN AND USE OF REAL ESTATE COpy In accordance with Indiana Code Section 36-7-4-613, Duke Realty Limited Partnership (hereafter the "Owner"), the owner of the following described Real Estate located in Hamilton County, Indiana (hereafter the "Real Estate") makes the following COMMITMENTS concerning the use and development of the Real Estate to the CarmeVClay Plan Commission (hereafter "Commission"). 1. Description of Real Estate: 200300014159 Filed for Record in 1~~~fl~~o~O~~~ ~~~IANA MISe 15.0U See Exhibit A ("Real Estate") . I ._JjocketNo: 157~02DP AmendlAQkS .5 ~2. 3. Statement of Commitments: Owner makes the following commitments relating to the future development of the Real Estate: a. Owner shall work with the West Park Neighborhood, prior to commencement of the installation of the security lighting located (1) on top of the parking structure and (2) between the parking structure and Meridian Comers Boulevard, to insure that the point source of illumination is not directly viewable from the homes located within the West Park Neighborhood. Owner shall also work with the West Park Neighborhood after the installation of the above-mentioned lighting fixtures to make any reasonable adjustments necessary so that the point source of illumination continues to not be directly viewable from the homes located within the West Park Neighborhood. b. Owner shall install and maintain "flat" lenses on the lighting fixtures within the areas mentioned in commitment "a" above. c. Owner shall work with the West Park Neighborhood after the construction of the parking structure to make any reasonable adjustments necessary so that the point source of illumination of the security lighting located within the parking structure is not directly viewable from the homes located within the West Park Neighborhood. d. Owner shall phase the landscaping along the 131st Street frontage as depicted on the approved landscape plan. e. Owner shall dedicate an additional ten (10) feet of right-of-way along the western boundary of the Real Estate for the future .. w Q widening of Meridian Comers Boulevard upon the request of the Carmel City Engineer to accommodate an approved plan to widen Meridian Comers Boulevard. f. Owner shall dedicate additional right-of-way necessary to allow for a roundabout with a 125-foot radius from a point being the intersection of the center line of Meridian Comers Boulevard and the north line of the Southwest Quarter of Section 26, Township 18 North, Range 3 East upon the request of the Carmel City Engineer to accommodate an approved plan to construct a roundabout at this intersection. g. Owner shall dedicate a forty (40) foot half right-of-way along 131st Street within sixty (60) days of the approval of 157-02 DP Amend/ADLS. Owner shall dedicate an additional thirty-five (35) feet of right-of-way along 131st Street, except within that area of the Real Estate reserved for a future interchange ramp from 131st Street to U.S. Highway 31 (the "Reserved Area"), upon the request of the Carmel City Engineer to accommodate an approved plan to widen 131st Street. If the approved plans for 131st Street and U.S. Highway 31 do not include an interchange, owner shall dedicate a seventy-five (75) foot half right-of-way within the Reserved Area, upon the request of the Carmel City Engineer to accommodate an approval plan to widen 131 st Street. 4. Bindina on Successors and Assians: These Commitments are binding on the Owner of the Real Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Carmel City Council (the "Council"). These Commitments may be modified or terminated only by a decision of the Council made at a public hearing after notice as provided by the rules of the Council. 5. Effective Date: The Commitments contained herein shall be effective upon the approval of Docket Number 157-02 DP Amend/ADLS and the recording of these Commitments in the Office of the Recorder of Hamilton County, Indiana. 6. Recordina: The undersigned hereby authorizes the Carmel Department of Community Services to record these commitments in the Office of the Recorder of Hamilton County, Indiana upon the approval of 157-02 DP Amend/ADLS. 7. Enforcement: These commitments may be enforced by the Commission and the Council. 51064_2 Commitments on the project.DOC 2 u o IN WITNESS WHEREOF, Owner has executed this instrument this 8/6'1- day of cJu'LI~ ' 2003. DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership By: Duke Realty Corporation, its general partner "Owner" STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing commitments by Jennifer K. Burk, by me known to be the Senior Vice President, Indiana Office Group of Duke Realty Corporation, the sole general member of Duke Realty Limited Partnership, an Indiana limited partnership, for and on behalf of said corporation and limited partnership. WITNESSETH this 3' sf' day of ~ ..2003. ~PUbliC ~&ir .e:r15~ L. 731~e,s Printed Signature My Commission Expires: ~. ttl.OC/ County of Residence: --;Bco~e. C:rlf) / Ai This Instrument was prepared by John K. Smeltzer, Attorney at Law, Bose McKinney & Evans LLP, 600 E. 96th Street, Suite 500, Indianapolis, Indiana, 46240. 51064_2 Commitments on the project.DOC 3 ., . ". w Q EXHIBIT A A LAND BOUNDARY DESCRIPTION OF BUILDING 6 AT IlAMILTON CROSSING HAMILTON COUNTY, INDIANA A pan of tbe Southwest Quaner of Section 26, Township 18 North, Range fEaSt, Hamilton County. Indiana. described as follows: Commencing at the northwest comer of said quarter section; thence North 88 degrees 42 minutes 47 seconds East 710.01 feet along the north line of said quarter section to the northerly extension oftbe eastern right-of-way line of Meridian Comers Boulevard; thence South 00 degrees 25 minutes 34 seconds East 40.00 feet along said northerly extension to the southern right-of-way line of East 131ft Street and the POINT OF BEGINNING of this description: thence North 88 degrees 42 minutes 47 seconds East 895.02 feet along said southern right-of-way line; thence South 84 degrees 01 minute 56 seconds East 284.81 feet along sa,i.d southern right-of-way line to the western 145-foot half right-of-way line of .~., U.S. 31; thence along:dh! western right-of-way line Southerly 243.08 feet along an arc to the left and having a radius of 2,436.83 feet and subtea.ded by a long chOMbaving a bearing of South 12 degrees 46 minutes 17 secOnds West and a 1cngdl of 242.98 feet; thence North 90 degrees 00 minutes 00 seconds West 332.62 feet; thence South 43 degrees 21 minutes SO seconds West 351.72 feet; thence Northwesterly, and Westerly 160.10 feet along an arc to the left and having a radius of 'Jffl.OO feet and subtended by a long chord having a bearing of North 68 degrees 11 minutes 13 seconds West and a length of 156.69 feet; thence South 89 degrees 34 minutes 26 seconds West 401.00 feet; thence North 00 degrees 25 minutes 34 seconds West 446.53 feet to the POINT OF BEGINNING and CODblinillg 10.002 acres. more or less. The bearings in this description are based upon the north line of the Southwest Quarter of Section 26. Township 18 North, Range 3 East having a bearing of North 88 degJ:eCs 42 minutes 41 seconds East. Subject to all easements. restriction. and rights-of-way of record. u o ~::;\ri.8';~,;. ~\ " )..:.--\.......l-_..k _ ' / "' /(t.:/"- -I...~<~~\ /~/ ~ ,{.\) y~\\ " ....\.\\r ,,!\ \.L;,\\ ATTORNEYS AT LAW .,,1...:......-..,. Cl<..c.\)\~ \~\.):;.'j. \~-I \ . i \,...' l\..... ~, ]----1 \/ '. ",'\8~ \)\J\;S i\Y Y' . '. / " ,,' ,- ~ \' / </ .,.. . .../......,\...':--February 11,2003 ...../ / (' "<-.J_U.l!.- ,/ BOSE McKINNEY & EVANS LLP Steven B. Granner, AICP Zoning Consultant North Office Direct Dial (317) 684-5304 Direct Fax (317) 223-0304 E-Mail: SGranner@boselaw.com Mr. Jon Dobosiewicz Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Re: Duke Realty Limited Partnership, Building VI, Hamilton Crossing Dear Jon: Enclosed herewith is a copy of the Commitments Concerning The Development and Use of Real Estate, which was filed February 10, 2003 with the Hamilton County Recorder's Office as Instrument No. 200300014159, relating to the above-referenced property. If you have any questions, please feel free to call me. Steven B. Granner, AICP Zoning Consultant Enclosure cc: Mr. Blair Carmosino 44489_3. DOC Downtown . 2700 First Indiana Plaza . 135 North Pennsylvania Street . Indianapolis, Indiana 46204 . (317) 684-5000 . FAX (317) 684-5173 North Office' 600 East 96th Street. Suite 500 . Indianapolis, Indiana 46240 . (317) 684-5300 . FAX (317) 684-5316 www.boselaw.com