HomeMy WebLinkAboutCommitments: Recorded
.~,
JUN-27-2002 08:25AM FROM-NELSON & FRANKENBERGER
U
coPY
3178468782
..~ U
20020005i~ P.OO3l005 F-886
Filed for Record in
HAMILTON COUNTY, INDIANA. -
MARY L CLARK
07-22-2002 09:13 AM.
MISC 13.00
""'i,
COMMITMENTS CONCERNING THE
USE AND DEVELOPMENT OF REAL ESTATE
The undersigned, Sheridan Realty Partners, L.P. Olereinafter "Owner"). the Owner of the
following describcd real estate located in Hamilton County. Indiana (hereinafter "Real Estate").
makes the following Commitments Concerning the Use and Development of Real Estate to the
Cannel Plan Commission (hereinafter "Commission").
1. Descriotion of Real Estate. See Exhibit "An hereto. ("Real Estate").
\ 2. Docket No. 86-02 DPIADLS J
3. Statement of Commitment.
Owner commits [0 dedicate to the City of Cannel, Indiana ("City'). for
public right-of-way and drainages purposes ('<Right-of-Way") a strip of land
25 feet in v.idth by parallellilles off of the easternmost boundary line of me
Real Estate together with a 20 foot radius at the Southwest corner of the
intersection of the Right-of-Way and East 98th Street.
The dedication will be executed and delivered to the City immediately
following the writtcn request of the City Engineer. Carmel, Indiana
("Engineer") and confinnatioll by the Engineer that construction of the street
(sometimes n,,'ferrcd to as LaSalle Street), connecting East 961h Street and
East 98111 Street will commence within the twelve (12) m011th period
following the written request.
4. 'Binding: on successors and Assiens. These commitments are binding on the Owner
of the Real Estate, each subsequent Owner oftbe Real Estate and each other person
acquiring an interest in the Real Estate from the owner. 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.
5. Effective Date, 111ese commitments contained hercin sball be effcctive upon the
approval of tbe DP/ADLS Application filed with the Commission under Docket
Number 86-02 DP/ADLS and the issuance of a building permit for the office
building described therein.
6. Rccordinn. The undersigned hereby authorizes the Secretary of the Commission to
record these commitments in the Office of the Recorder of Hamilton County,
Indiana., following the effective date.
'\
JUN-27-2002 09:25AM
FROM-NELSON & FRANKENBERGER
o
, -.. - ~
3179469792
--- U
T-54Z
P.DD4/DD5 F-996
-,
7. Enforcement. TIlese commitments may be enforced by the Commission and the
City of Can11el, Indiana.
E.'",ecutcd this 27th day of June, 2002.
Sheridan Realty Parmers) L.P.
By: Sheridan Realty Corp.
STATE OF COLDRADO
COUNTY OF ..DEN\/ ER
By: ~ ~. K-yY-
Charles Knight, Vice President
)
)SS:
)
Subscribed and sworn to before me. a Notary Public, in and for said County and State,
appeared Charlcs Knight,. the Vice President of Sheridan Realty Corp., the general partner of
Sheridan Realty PartnCts, L.P., and acknowledged the execution of the foregoing Commitments
Concerning The Use and Development of Real Estate.
WITNESS my hand and Notarial Seal this 2th day of June, 2002.
Residing in I krr:-~Rfx1l\l County
My Commission Expires:.AI'RI L 9. 2005
.
This Document Prepared By:
James J. Nelson
NELSON & FRANKENBERGER
3021 E. 98th Street, Suite 220
Indianapolis, IN 46280
H;\~L1.\"\JlMN\ST.mRIDA'N REALTY PARTNERS\COMMIT~NTS.DOC
"
\
JUN-27-2002 08:26AM
FROM-NELSON & FRANKENBERGER
o
3178468782
--- U
T-542
P.005/005
F-BB6
-,
EXHIBIT A
LEGAL DESCRIPTION
ROFR Parcel
Part of the Southeast Quarter of Section 7, Township 17 North, Range 4 East in Hamilton
County, Indiana, more particularly described as follows:
BEGINNING at the Southeast corner of "Lakewood Gardens Addition, Second Section,
Amended", the plat of which is recorded in Plat Book 2, page 206, in the Office of the Recorder
of Hamilton County, Indiana, (the said Beginning Point lies on the East line of the said Quarter
Section) South 00 degrees 22 minutes 00 seconds West (assumed bearing) 1255.00 feet from the
Northeast corner of the said Quarter Section)~ thence South 00 degrees 22 minutes 00 seconds
West on the East line of said Southeast Quarter 578.77 feet to a stone on the Northerly line of
real estate described on page 301 of Deed Record 248 in said Recorder's Office; thence North 89
degrees 37 minutes 30 seconds West on said Nonherly line 173.00 feet to the Easterly line of an
Access Easement described in Instrument #95-47364 in said Recorder's Office (the following
eight (8) courses being along said Easterly line); thence (1) North 00 degrees 22 minutes 30
seconds East 21.00 feet; thence (2) North 10 degrees n minutes 58 seconds West 96.62 feet;
thence (3) North 15 degrees 52 minutes 48 seconds West 45.11 feet to the point of curvature of
compound curves having radii of 137.00 feet and 194.00 feet respectively, the radius points of
said curve lie on a line that bears North 44 degrees 00 minutes 00 seconds West from said point
of curvature; thence (4) Northeasterly, curving to the left on said easement right of way line and
on said curve having a radius of ] 37.00 feet, an arc distance of 176.94 feet to the point of
tangency of said curve at a point that is 137.00 feet North 62 degrees 00 minutes 00 seconds East
from the radius point of said cur"e~ thence (5) North 28 degrees 00 minutes 00 seconds West
64.00 feet to the point of curvature of a curve, concave Easterly, the radius point of which bears
North 62 degrees 00 minutes 00 seconds East 158.00 feet; thence (6) Northerly along said curve
to the right an arc distance of 77.12 feet to a point that bears South 89 degrees 58 minutes 00
seconds West 158.00 feet from the radius point of said curve; thence (7) North 89 degrees 58
minutes 00 seconds East on the previous radial line of said curve 18.00 feet; thence (8) North 00
degrees 02 minutes 00 seconds West 124.55 feet to a point on the South line of said plat of
"Lakewood Gardens Addition, Second Section, Amended" in said Recorder's Office, said point
also being located South 89 degrees 58 minutes 00 seconds West of the point of beginning;
thence North 89 degrees 58 minutes 00 seconds East on the South line of said "Lakewood
Gardens", being also the Southerly right-of-way line of 981h Street in said plat, 210.83 feet to the
point of beginning, containing 2.55 acres, more or less.
Subject to the right of way for 98T11 Street.
Subject to all legal easements and rights of way.
u
u
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
. -, ~
Nrn,'"
. " {J ;~~ i /'/":-:f)
DO(1p
"-,,)
JAMES l NELSON
CHARLES D, FRANKENBERGER
JAMES E, SHINA VER
LARRY J KEMPER
JOHN B. FLATT
FREDERIC LAWRENCE
OF COUNSEL
JANE B. MERRILL
3021 EAST 98TH STREET
SUITE 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
August 2, 2002
Jon Dobosiewicz
Carmel Department of Community Services
One Civic Square
Carmel, IN 46032
RE: Sheridan Realty Partners, LP (Amerivest Keystone Office Park, Southeast comer of
Keystone and 98th Street - 5th Office Building) - DP/ ADLS
Dear Jon:
Please find enclosed for your permanent file on Sheridan Reality Partners, LP, Docket Number
86-02-DP/ADLS, Commitments Concerning the Use and Development of Real Estate as recorded in the
Office of the Recorder of Hamilton County on July 22,2002 as Instrument Number 200200051426. If
you should have any questions, please contact me. Thank you!
Kindest regards,
cc: Laurence M. Lillig, Jr./City of
Dick Hill/City Engineer
Charlie Knight/ Amerivest
NELSON & FRANKENBERGER
sJ.N son'~
JJN/kat
H:\KELl. Y\JIM N\SHERIDAN REALTY PARTNERSIl. TR210N 080202.DOC