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HomeMy WebLinkAboutCommitments Attendant to Z-390-02 -~. Commitments Attendant to Approval of Rezoning Petition Z-390-02 . COlnpuniol1 Petitions ~os. 32 02 O}l. and~ 02 CPA st. Vincent Hospital and Health Care Center, Inc. (hereafter, "Petitioner") makes the following Commitments to the City of Camlel & Clay Township Plan Commission: LDescription of Real Estate: (See Exhibit A - Legal Description of Property) LStatement of Commitments: ft-i.s-aeknovdod;od that tho City of Carmel intends to construct a rOI::Hlclabout intersection at the intersection of Old Meridian Street and GuiJIBftlcl\venUe-tH-Hamilton County, Indiana (the '.':Rel:m:Ei:ahBHt") to facilitate traffic flow in that arca. It is further ac1cnmvlodgcd that in connection '.'.lith the construction of tho Roundabout, Pctiti01:er may be aokcd to (i) dedicate some ofthe Petitioner's land to be '..:::;ed for the Roundabout and/or (iB-allew-s-teml \vater fmffi4Ae Roundabout Improvcm.ents to dmifl-iHte-Pe8:tiener's existing retention pond located to tbe Southeast of the Roundabout (the "Pond"). Petitioner hereby agrees to dedicate such land ancV'or previtle-sHefKi.Fa:iBage,-sub.jeet-kl the follmving conditions: (1) the plans for the Roundaboat, insofar as they affect Petitioner's lands, the Pond Gr..diar tho drainage into the Pond, shall be subject to P\;)titionor's approval, which approval Gh~:ll not be unreasonably withheld, conditionea or delayed; (ii) any rcquest-fuHle(14€i1tion of lan6-aAf:J+eF%teml "vater drainage made by the City ofCamlel shall be reasonable in arec, or quantity, given the needs assoo:iated.-witl1--tR€ Roundabout and shall not include any lands in addition to the Roundabout; (iii) the City shall be solely responsible for all costs and expenses uSGociatedv;ith or arising out of the constmction of the Roundabout, including, witht'HtHimi+al'iElH,--tlt1)l-€Elsts-B:Hl*pense relating to the dedication of ~ioner and/or the reconstruction, reconfiguration or use o[tho Pond in connoction with the Roundabout; and (iy) the City's uac, reconstruction and/or reconJig'..lration o[the Pond shall not ro::;ult in any displacement of volume in the-Pefld,prevtootl,thu+-the-Gity~eet-this condition by providing to Petitioner and Petitioner's lands additional dO'vvnstream storm 'imter drainage and stora.;e ,,01-:1m6 in a manner and on such tenns as are reasonably satisfactol)' to Petitionor. n. Petitioner hereby agrees to dedicate, pmsmmt to the Hamilton County Thoroughfare Plan, certain [i;;ht of '-va)" along 13.1 '* Street, Guilford Avenue, and Old-Meridian Str.eet, us sUBh .- "0,. thoroughfares uro cOInmonly knmvn in Hamilton C01:n1:)', in accordance ':/ith the legal Gesc..fl..ptions therefor attached horeto as-Exhibits B, C and D, rospeotivelyo a. Petitioner hereby agrees to dedicate right of way pursuant to the Thoroughfare Plan along 131st St., Guilford Road, and Old Meridian Avenue b. Petitioner hereby agrees to dedicate right oewav for the construction of a roundabout at the intersection of Guilford Road and Old Meridian Avenue subiect to approval of the City Engineer consistent with the area identified in Exhibit. "B". The a )licant a ees to construct a trail that would extend from Main Street north alonu the future \vestern entrance drive and across the current hospital site, across Guilford. LBinding on Heirs, Successors and Assigns. These commitments are binding on the owner of the Real Estate, each subsequent owner ofthe real estate, and each person acquiring any interest in the Real Estate, unless modified or terminated by the governmental authority authorized to modify. 4. Effectiveness. These commitments are a condition to the approval bv the Cannel City Council of Z-390-02. LRecordillg. The undersigned agrees to record these commitments in the Office ofthe Recorder of Hamilton County, Indiana, upon granting of the-approval of the project. LEnforcemellt. These commitments may be enforced by the Carmel/Clay Plan Commission and/or the City of Carmel, Indiana. Executed tbis day of ,2002. S1. VINCENT HOSPITAL AND HEALTH CARE CENTER, lNC. By: Title: Printed 2 ~ q..-- STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary public in and for said County and State, personally appeared , the ofSt. Vincent Hospital and Health Care Center, Inc., who acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal the day of ,2002. County of Residence: Notary Public My Commission Expires: Printed Prepared in accordance with the Carmel/Clay Plan Commission's approval of Docket No's. 33- 02Z, 32-02 OA and 31-02 CPA. Prepared by Robert A. Hicks, Esq., Hall, Render, Killian, Heath & Lyman, P.S.C., One American Square, Suite 2000, Indianapolis, Indiana 46282 04527drr 06/13/02 3 ..... , DRAFT Commitments Attendant to Rezone, Ordinance Amendment and Comprehensive Plan Amendment Petitions Docket Nos. 32-02 OA, 31-02 CPA and 33-02 Z (Mixed Medical Zone) St. Vincent Hospital and Health Care Center, Inc., (hereafter, "Applicant"), make the following Commitments to the City of Carmel & Clay Township Plan Commission: Description of Real Estate: (See Attachment - Legal Description of Property) Statement of Commitments: 1. The Applicant will dedicate to the City of Carmel all right of way pursuant to the 20- Y ear Thoroughfare Plan and the Old Meridian District Plan. 2. The Applicant will dedicate to the City of Cannel all right of way necessary to construct improvements along Old Meridian Street, including the roundabout at the intersection of Guilford Road and Old Meridian Street. 3. The Applicant understands that the representations made above will survive the ownership of the property. The Applicant will make the requirements above an integral part of any agreement to sell the property. Binding on Heirs, Successors and Assigns. These commitments are binding on the owner ofthe Real Estate, each subsequent owner of the real estate, and each person acquiring interest in the real estate, unless modified or terminated by the governmental authority authorized to modify. Recording. The undersigned agrees to record these conunitments in the Office of the Recorder of Hamilton County, Indiana, upon granting of the approval of the project. Enforcement. These commitments may be enforced by the Carmel/Clay Plan Commission and/or the City of Carmel, Indiana. page 20f2 Executed this day of ,2000. By: Title: Printed STATE OF INTIIANA, COUNTY OF HAMILTON: BEFORE ME, a Notary public in and for said County and State, personally appeared, representing St. Vincent Hospital and Health Care Center, me., who acknowledged the execution ofthe foregoing Commitments. WITNESS my hand and Notarial Seal the day of ,2000. Notary Public State ofmdiana, Residing in County. My Commission Expires: prepared in accordance with t.1-:e Carmel/Clay Plan Cornmission's approval of Docket No. 100-00 PP. prepared by Kelli Lawrence, Planning Administrator DRAFT Commitments Attendant to Rezone, Ordinance Amendment and Comprehensive Plan Amendment Petitions Docket Nos. 32-02 OA, 31-02 CPA and 33-02 Z (Mixed Medical Zone) St. Vincent Hospital and Health Care Center, Inc., (hereafter, "Applicant"), make the following Commitments to the City of Carmel & Clay Township Plan Commission: Description of Real Estate: (See Attachment - Legal Description of Property) Statement of Commitments: 1. The Applicant will dedicate to the City of Carnlel all right of way pursuant to the 20- Y ear Thoroughfare Plan and the Old Meridian District Plan. 2. The Applicant will dedicate to the City of Carmel all right of way necessary to construct improvements along Old Meridian Street, including the roundabout at the intersection of Guilford Road and Old Meridian Street. 3. The Applicant understands that the representations made above will survive the ownership of the property. The Applicant will make the requirements above an integral part of any agreement to sell the property. Binding on Heirs, Successors and Assigns. These commitments are binding on the owner ofthe Real Estate, each subsequent owner of the real estate, and each person acquiring interest in the real estate, unless modified or terminated by the governmental authority authorized to modify. Recording. The undersigned agrees to record these commitments in the Office of the Recorder of Hamilton County, Indiana, upon granting of the approval of the proj ect. Enforcement. These commitments may be enforced by the Carmel/Clay Plan Commission and/or the City of Carmel, Indiana. page 2 of2 Executed this day of ,2000. By: Title: Printed STATE OF INDIANA, COUNTY OF HAMILTON: BEFORE ME, a Notary public in and for said County and State, personally appeared, representing St. Vincent Hospital and Health Care Center, Inc., who acknowledged the execution ofthe foregoing Commitments. WITNESS my hand and Notarial Seal the day of ,2000. Notary Public State of Indiana, Residing in County. My Commission Expires: prepared in accordance with the Carmel/Clay Pla..'1 Corrunission's approval of Docket No. 100-00 PP. prepared by Kelli Lawrence, Planning Administrator ",'-' - . . ,- . ~~,~~.~:, ~~~';:},..:..s~~.~:~~~41 ~ St. Vincent C ~ Carmel, Indl~~r;;el Hospital iI ARCHITECTURE ENG A," A CQ'''H~UM OII~,~,~~~G . IN,T1RIOR DESIGN MANA,...t:M~Hl St:~V'lClS t FFECEIVED . B 19 20D2 DOCS S.IIE P;ILAN~ liST. VINCENT ZONE" ( rl _L ! 1.1\ c=:I ~ r 19 February 2002 """,<TU iI: '"0 A (CN~'~~ ENGINEERING U~ 01 'W'KI ~,;..~~rERIOR DESIGN MENI SE'h'ICES -. 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