HomeMy WebLinkAboutCommitments - Recorded
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8888 I<eystone Crussing. Suite l20il . Tndinnaplllis, Indiana 46240 . (317) 580-4848 telephone . (317) 580-4855 facsimile . www.drewrysimmulls.mm
Mark T. I'vlanme, AICP
preis@dreWI)'si/lUlWlls.com
July 2,2003
.Ms. Jennifer Flora
President
Unique - The Specialty Group, Inc.
8770 GUlOl1 Road
Indianapolis, Indiana 46268
RE: Zoning Commitments
Our File Number: 3556.002
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Dear Jenny:
I have enclosed a "flied stamped" copy of the zoning commitments for your tile relating
to your new office building and lot. If you have any questjons, please do not hesitate to contact
me.
ThaDk you for cooperation and assistance in this matter.
Very truly yours,
DREWRY SUvlMONS PnTS & VORNEHM, LLP
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Mark T. Monroe, AICP, J.D.
Land Use Planner
Enclosure
cc: Mr. Christopher Day
Mr. Jon Dobosiewicz /'
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2003000f.E:250
Filed for Record In
HrWIIL.TON COUNTY, INDIANA
JENNIFER J HAYDEN
06-27 -;::003 At 0;:': 5E~ pm.
MISe 21.00
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AMENDED AND RESTATED COMMITMENTS CONCERNING
THE DEVELOPMENT AND USE OF REAL EST A TE
In accordance \\'ith Indiana Code Section 36-7-4-613, the undersigned makes the
following AMEl\1DED and RESTATED Commitments concerning the use and development of
certaill real estate located in Hamilton County, Indiana (hereafter "Modifi ed Commitments") to
the Carmel/Clay Plan Commission (hereafter "Commission"):
RECITALS
A. On January 16, 1990, Shady Brook Development Co., executed cel1ain written
commitments conceming the use and development of approximately 90 acres of
real estate, vv'hich included the 2.564 acre parcel owned by the undersigned
(hereafter "Real Estate") in connection with the development and construction of
a new retail, commercial and office development located at the southeast corner
of 106th Street and U.S. Highway 421 in Clay Township, Hamilton County,
Indiana. These commitments were approved by the Carn1el/Clay Plan
Commission under Docket No. 75-89 Z (hereafter "Original Commitments").
B. These Original Commitments provided, among other things, that the development
of the Real Estate shall be subject to the Carmel/Clay Plan Commission's review
and approval of the site development plan, architectural design, landscaping,
lighting and signage as provided in the U.S. Highway 421-Michigan Road
Overlay Zone - Section 23C (hereafter "Overlay Zone") of the Cam.lel Clay
Zoning Ordinance (hereafter "Ordinance") as to all parts of the Real Estate
whether located wholly within or outside of such Overlay Zone.
C. The Original Commitments have been interpreted and implemented by the City of
Carmel Department of Community Services to not only include the review alld
approval of the Plan COllunission, but also the adherence to the development
standards of the Overlay Zone.
D. The lmdersigned, the owner of the Real Estate which is more particularly
described in Exhibit "A", desires to establish and develop a lot via secondary plat
and obtain the approval of a Development Plan that is less than the three-acre
minimum required by Section 23C.7 oftlle Ordinance.
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E. The undersigned received the approval of the Commission at a meeting on March
18,2003, which approval is reflected in a Letter of Grant attached as Exhibit "B".
F. In accordance with the Letter of Grant, the undersigned wishes to amend and
restate the Original Commitments to reflect the Commission's approval of a
Development Plan covering an area less than three (3) acres.
G. The undersigned also wishes to record these Modified Commitments because to
the knowledge of the undersigned and its representatives, the Original
Commitments have not been recorded in the Office of the Recorder of Hamilton
County.
REST A TED AND AMENDED COMMITMENTS
The Original Commitments are hereby amended and restated with respect to the Real
Estate as follows:
1. Description oiReal Estate: See Exhibit "A" (Real Estate).
2;" Docket Nos.: 7S-B9~Z' and .0S-03 CA J
3. Statement of Commitments:
a. Development of the Real Estate shall be subj ect to Carm el/Clay Plan Commission
revi ew and approval of the site development plan, architectural design, landscaping, ligbting and
signage as provided in the Cannel Clay Zoning Ordinance ("Ordinance") governing the U.S.
Highway 421-Michigan Road Corridor Overlay Zone ("Overlay Zone") (Section 23C of the
Ordinance) as to all parts of such Real Estate whether located wholly within or outside of such
Zone, but subject to the provisions of subparagraph f. below.
b. The Real Estate shall be developed and used solely for the following uses: general
office, office building and professional office, as such terms are defined in the Ordinance of the
City of Cannel, Indiana as of the date hereof.
c. The undersigned ("Owner") commits that the buildings to be constructed on the
Real Estate described on Exhibit "A" hereto shall not exceed the lesser of one (1) story in height
or thirty-five (35) feet in height.
d. Owner commits that any building constmcted on the Real Estate shall be set back
not less than sixty (60) feet from the westernmost property line of the adjoining real estate
described on Exhibit "C" hereto.
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e. The Owner commits that the following uses shall be prohibited 0 n the Unique
Real Estate:
Disposal of radioactive materials;
Refining or manufacturing of petroleum products;
Bulk storage of petroleum products not used for on~site manufacturing, excluding
service stations;
Refining or manufacturing of wood preservatives, cement, Lime and gypsum;
Fertilizer manufactUling, stock yards, slaughteIing, leather curing, and taIming;
Reclaiming processes involving materials and/or chemicals that are considered
dangerous to the health, safety, and welfare of the general public as determined by
the State of Indiana, Board of Health or City of Carmel;
Single family residences;
Roadside sales stands;
Garbage disposal plants/sanitary landfills;
Junk and salvage yards;
Mobile home comi;
Carnivals, circuses and fairs;
Outdoor theatre; and
PenaJ/conectional institution.
f. The application of the Ordinance with respect to the Real Estate will allow for the
approval of a Development Plan covering the Real Estate that is less than the three (3) acres in
size as is otherwise required under the Ordinance (Section 23C.7).
4. Binding on Successors & Assigns: These Commitments are binding upon the
Owner 0 f the Real E state, and i ts successors and assigns, each subsequent owner of the Real
Estate and each other person acquiring an interest in the Real Estate, unless modified or
terminated by the Commission. These Commitments may be modified or terminated onJy by a
decision of the Commission made at a public hearing after notice as provided by the rules of the
Commission.
5. Effective Date: The cOITnnitments contained herein shall be effective upon the
approval by the Carmel/Clay Plan Commission of a Change of Commitment application, filed
under Docket No 03-03 CA.
6. Recording: The undersigned hereby authorizes the Director of Community
Services or the Secretary of the CanneVClay Plan Commission to record these conU11itments in
the Office of the Recorder of Hamilton County, Indiana, upon the granting of the approval
referred to in paragraph 5 above.
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7, Enforcement: These commitments shall, nm with the land and may be enforced
by the Cam1el/Clay Plan Commission or the City of Carmel, Indiana.
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Executed th1s :.-..0) Gday 0 Lit>:'yL.k::'../ , 2 03
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BY:
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 by Jennifer Flora, President of Unique, The Specialty Group, Inc.
WITNESSED t111s"2 itA.. day of
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,2003.
Commission Expires:
.ry ./; ., -:i
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\.) IJ"-<lt:,;"te./ ~...ra.&).__ Notary Public
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est mg m i~'~C._. ounty
This instrument prepared by: Paul G. Reis, Esq., Drewry Simmons Pitts & VomelU11, LLP, Suite
1200,8888 Keystone Crossing, Indianapolis, TN 46240-4621
G:\Groups\Clients\lJ-w\Unique-The Specialty Gf(1up\Commi[menl~ - Revised 3-04-m.doc
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Exhibit "A"
Legal Description
A part of the NOl1hwest Quarter of Section 7, Township 17 North, Range 3 East located
in Clay Township, Hamilton County, Indiana being bounded as follows:
BEGINNING at the point of intersection of the East Line of the Northwest Quarter of
Section 7, Township 17 N011h, Range 3 East and the northeasterly extension of the
southeastem b oundory 0 f the 2.243 acre tract of land described in Exhibit "A" of the
W ARR,<\NTY DEED recorded as instmrnent #200200012270 by the Recorder of
Hamilton County, Indiana, said point of beginning being South 00 degrees 25 minutes 52
seconds East (assumed bearing) 162.32 feet from the Northeast Comer of said Nort11west
QUal1er; thence South 00 degrees 25 minutes 52 seconds East 284.53 feet; thence South
53 degrees 53 minutes 15 seconds West 403.63 feet to a point on the northeastern right-
of-way line of Commerce Drive (the South 36 degrees 06 minutes 43 seconds East
663 A8-foot-long course; see the SPECV\L WARRANTY DEED recorded as instrument
#9809836325 by the Recorder of Hamilton County, Indiana); thence North 36 degrees 06
minutes 43 seconds West 228.33 feet along the l10rtheastem right-of-way line of
Commerce Drive to the southwestern comer of said 2.243 acre tract of land; thence
North 53 degrees 36 minutes 24 seconds East 569.60 feet along the southeastern
boundary of said 2.243 acre t~act of land and along the northeasterly extension of the
southeasterrl boundary oJ said 2.243 acre tract of land to the POINT OF BEGIl\TNING
containing 2.564 acres, more or less.
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EXHIBIT "B"
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CITY OF
CARMEL
DEPARTMENT OF COMMUNITY SERVICES
Division of Planning & Zoning
LET T E R of G RAN T
April 8, 2003
Paul Reis
DREWRY SIMMONS PITTS & VORNEHM LLC.
8888 Keystone Crossing
Suite 1200
Indianapolis, IN 46240
Re: Unique - The Specialty Group. West Camlel Center. Blk B
Docket No. - 03-03 CA
Dear Mr, Reis:
At the meeting held March ] 8, 2003 the Camlel Clay Plan Connrussion took the following action regarding the
Commitment Amendment, (CA) approval for the property located at 10485 Connnerce Drive.
APPROVED: Docket No. 03-03CA request to approve CA. The Plan Commission voted ten (10) in favor zero (0)
opposed thereby granting the petition.
Do not hesitate to contact me if! can be of further assistance.
Sincerely,
;f.:~,
Planning Administrator
Department of Community Services
317-571-2417
ec: Jeff Kendall, Buildmg CommisslOn~r DOCS
Dawn Pattyn
Ramona Hancock
Gayle Stahl
2003 -()4-08-0 3 -03 CA.p b
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EXHIBIT "C"
Part of the West Half of the NOliheast Quarter of Section 7, Township 17 North, Range 3 East,
Hamilton County, Indiana, more particularly desclibed as follows:
Beginning at a point of the Nortb line of said Half Quarter Section 440.4 feet West of the
Northeast comer thereof; thence South and parallel with the East line of said Half Quarter
Section 689.6 feet to a point; thence west and parallel with the said North line 884.3 feet to a
point in the West line of the said NOliheast Qualier; thence North upon said Vlest line 689.6 feet
to a point on the said North line; thence East upon said North line 884.3 feet to the place of
beginning, containing 14.0 acres more or less.