HomeMy WebLinkAboutApplication - Commitment Amend
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PETITION TO MODIFY COMMITMENTS MADE
IN A PREVIOUS PETITION TO CHANGE THE OFFICIAL ZONING MAP
AS INCORPORATED INTO THE CARMEL/CLAY ZONING ORDINANCE
(APPROV AL APPLICATION)
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Date: January 17, 2003
Docket No.:
Name of Owner: Shadv Brook Development Co., 421 Realty Company, lnc. and Fred C. Wurster.
Trustee of the Russel] P. Wurster Revocable Trust, and Admiral Holdings. LLC Phone No.: (317) 841 ~
1002
Address of Owner: 8463 Castlewood Drive. Indianapolis, Indiana 46250
Record of Ownership: Instrument No.:
Purchase Date:
Legal Description (Please see attached Exhibit' A'):
Common Address () I'Property Involved: 10485 Commerce Drive (East side of Commerce Drive, one
property south of lOc;l11 Street)
Detailed Description of the Modification of Commitments requested: The petitioner requests the
Statement of Commitment No. 3a. of the Commitments Conceming the Use and Development
oEReal Estate be modified to allow the development oEa 2.5 -acre site within the U.S. 421
Mlchigan Road Overlay Zone and to allow a 50-foot rear yard setback.
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Change of Commitment
Page 2
AFFIDA VIT
T, being duly sworn, depose and say that the foregoing signatures, statements, and answers herein
contained and the information herewith submitted are in all respects true and coneet to the best of
my knowledge and belief.
ul G R s, E q.
Attorney or ique - The Specialty Group, Inc.
Drewry Simmons Pitts & Vomehm, LLP
8888 Keystone Crossing, Suite 1200
Indianapolis, hldiana 46240
State of Indiana
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County of Hamilton
Before me the undersigned, a Notary Public for Hamilton County, State of Indiana, personally
appeared Paul G. Reis and acknowledged the execution of the foregoing instrument this
Il~day of January, 2003.
My commission expires:~~r.JO&
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County of Residence
printed name
G:\rei~law\Clienls\U-W\UniqLle:rhe Specially Grollp.lnc\Chan~ ofColllmilrnent Application.doc
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Exhibit "A"
Legal Description
A part of the Northwest 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 NOlih, Range 3 East and the northeasterly extension of the
southeastern boundary ofthe 2.243 acre tract ofland described in Exhibit "A" of the
WARRANTY DEED recorded as instrument #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 Corner of said Northwest
Quarter; 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 011 the northeastern right-
of-way line of Commerce Drive (the South 36 degrees 06 minutes 43 seconds East
663.48-foot-long course; see the SPECIAL \VARRANTY DEED recorded as instrument
#9809836325 by the Recorder of Hamilton County, lndiana); thence NOlih 36 degrees 06
minutes 43 seconds West 228.33 feet along the northeastern right-of-way line of
Commerce Drive to the southwestcl11 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 tract of land and along the northeasterly extension of the
southeastern boundary of said 2.243 acre tract of land to the POINT OF BEGINNING
containing 2.564 acres, more or less.
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AMENDED AND RESTATED COMMITMENTS CONCERNING
THE DEVELOPMENT AND USE OF REAT-, ESTATE
In accordance with llldiana Code Section 36-7-4-613, the undersigned makes the
following AMEI\TDED and RESTATED Commitments conceming the use and development of
certain real estate located in Hamilton County, Indiana (hereafter "Modified Commitments") to
tbe Can11el/Clay Plan Commission (hereafter "Commission"):
RECITALS
A. On January 16, 1990, Shady Brook Development Co., executed certain wlitten
commitments concerning the use and development of approximately 90 acres of
real estate, \vhich 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 106tl1 Street and U.S. Highway 421 in Clay Township, Hami1ton County,
Indiana. These commitments were approved by the Carmel/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 developm.ent plan, architectural design, landscaping,
lighting and signage as provided in the U.S. Highway 421-Michigan Road
Overlay Zone (hereafter "Overlay Zone") of the Camlel Clay Zoning Ordinance
(hereafter "Ordinance") as to all pcu.ts 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
Cannel Department of Community Services to not only include the review and
approval of the Plan Commission, but also the adherence to the development
standards of the Overlay Zone.
D. The undersigned, the owner of the Real Estate which is more particularly
described in Exhibit "A", desires to establish and develop a lot via secondary plat
that is less than the three-acre minimum required by the Overlay Zone.
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E. The undersigned received the approval of the Commission at a meeting 011
, 2003, \vhich approval is reflected in a Letter of Grant attached as
Exhibit "B".
F. In accordance with the Letter of Grant, the undersigned vv'ishes to amend and
restate the Original Commitments to ret1ect the COlllmission's approval of the
establislm1ent of a lot that is less than three (3) acres and to clarify the rear yard
building setback at fifty (50) feet consistent with the Ordinance.
G. The undersigned also wishes to record these Modifi.ed 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.
RESTATED AND AMENDED COIVI.MITMENTS
The Original Commitments are hereby amended and restated with respect to the Real
Estate as follows:
1. Description of Real Estate: See Exhibit "A" (Real Estate).
2.
Docket Nos.: 75~89-Z and
- 03 CA
3. Statement of COlllmitments:
a. Development of the Real Estate shall be subject to Carmel/Clay Plan Commission
review and approval of the site development plan, architectural design, landscaping, lighting and
sigJ.lage as provided in the Carmel Clay Zoning Ordinance ("Ordinance") governing the U.S.
Highway 421-Michigan Road Corridor Overlay Zone ("Overlay Zone") as to all parts of such
Real Estate whether located wholly Vv'ithin or outside of such Zone, but subject to the provisions
of subparagraph f below.
b. The Rea] Estate shall be developed and used solely for the follmving uses: general
office, office building and professional office, as such terms are defined in the Ordinance of the
City of Carmel, 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 constructed on the Real Estate shall be set back
not less than fifty (50) feet from the westemmost property line of the adjoining real estate
described on Exhibit "C" hereto.
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e. The Owner cornmits that the following uses shall be prohibited on 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, cemellt, lime and gypsum;
Fertilizer manufacturing, stock yanis, slaughtering, leather curing, and tmming;
Reclaiming processes involving matedals and/or chemicals that are considered
dangerous to the health, safety, and welfare of the general public as determined by
the State ofIndiana, Board of Health or City of Carmel;
Single family residences;
Roadside sales stands;
Garbage disposal plants/sanitary landfi I Is;
Junk and salvage yards;
Mobile home cou11;
Carnivals, circuses and fairs;
Outdoor theatre; and
Penal/conectional institution.
f. The application of the Ordinance with respect to the Real Estate will allow the
establishment of a lot on the Reai Estate that is less than the three (3) acres in size as is otherwise
required under the Ordinance.
4. Binding on Successors & Assigns: These Commitments are binding upon the
O"mcr of the Real Estate, and its successors and assigns, each subsequent owner of the Real.
Estate and each other person acquiring an interest in the Real Estate, unless modified or
tC1111jnated by the Commission. These Commitments may be modified or temlinated only by a
decision of ttle Commission made at a public hearing after notice as provided by the rules of the
Commission.
5. Effective Date: The commitments contained herein shall be effective upon the
approval by the Cannel/Clay Plan Commission of a Change of Commitment apphcation, filed
under Docket No -03 CA
6. Recording: The undersigned bereby authorizes the Director of Community
Services or the Secretary of the Cannel/Clay Plan COl11mission to record these commitments 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, run \vith the land and may be enforced
by tl1C Call11el/Clay Plan Commission or the City of Carmel, Illdiaila.
Executed this day of
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UNIQUE, THE SPECIALTY GROUP, INC.
BY:
Jennifer Flora, President
STATE OF 11\TDIANA )
)8S:
COUNTY OF HAMIL TON )
The undersigned, a Notary Public in and for said County and State, acknowledged the
execution ofthe foregoing by Jenl1lfer Flora, President of Unique, The Specialty Group, Inc.
WITNESSED this _day of
,2003.
Residing in
Nota]"y Public
County
Commission Expires:
This instrument prepared by: Paul G. Reis, Esq., Drewry S1mn10ns Pitts & Vornelml, LLP, Suite
1200, 8888 Keystone Cross ing, Indianapolis, IN 46240-4621
G :\Grolt]ls\C:J ient~\LJ-w\Unique- The Specialty OWlIp\Con1",ilmcnls.nf
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Exhibit" A"
LegaJ Description
A part oftlle NOlihwest Quarter of Section 7, Township 17 North, Range 3 East located
in Clay Township, Hamilton County, llldiana being bounded as follows:
BEGlNNING at the point of intersection of the East Line of the Northwest Quarter of
Section 7, Township 17 North, Range 3 East alld the northeasterly extension of the
southeastem boundary of the 2.243 acre tract of land described in Exhibit "A" of the
WARRANTY DEED recorded as instrument #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 Northwest
Quarter; 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 northeastem right-
of-way line of Commerce Drive (the South 36 degrees 06 minutes 43 seconds East
663.48-foot-long course; see the SPECIAL 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 northeastern right-of-way line of
Commerce Drive to the southwestern comer of said 2.243 acre tract ofIand; thence
North 53 degrees 36 minutes 24 seconds East 569.60 feet along the southeastern
boundary of said 2.243 acre tract of land and along the northeasterly extension of the
southeastem boundm-y of said 2.243 acre tract ofland to the POINT OF BEGINNING
containing 2.564 acres, mor.e or less.
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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 described as follows:
Beginning at a point of the North line of said Half Quarter Section 440.4 feet \Vest of the
Northeast corner thereof; thence South and parallel with the East line of said Half Quarter
Section 689.6 feet to a point; thence west and paJalLel \vith the said North line 884.3 feet to a
point in tbe West line of the said Northeast QLlarter; thence North upon said West 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.
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Dobosiewicz, Jon C
From:
Sent:
To:
Subject:
Fahey. Joyce D
Friday, January 17, 2003 4: 12 PM
Dobosiewicz, Jon C; Lillig, Laurence M; Hollibaugh, Mike P; Brewer, Scott I; pattyn, Dawn E
New Submittals
Received Friday, 1/17/03
Goddard School
CA
Jim Peck
Town Pointe
PP
Chuck Wright
Treasure House
ADLS Amend
Keith Szaran os
The Anderson Co.
Plat
Charlie Frankenberger
Shady Brook
CA
Paul Reis
.,~.\B Pc-
11300 N. Michigan Rd Rezone S-110 R-5
11300 N. Michigan Rd Rezone S~1 to B-3
Steve Pittman
Steve Pittman
~~~A
Paul Reis
Clarian
Clarian
Clarian
Rezone
DP
ADLS
Roger Kilmer/Baker & Daniels
Roger Kilmer/Baker & Daniels
Roger Kilmer/Baker & Daniels
The new files are on the PC shelf behind my desk.
Y~A'" ZAey
Planning and Zoning
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
317/571-2417 (Phone)
317/571-2426 (Fax)
Email: jfahey@cLcarmel.in.us
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FAX NO, 317 571 2426
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COMMITMENTS CONCERNING THE DEVELOPMENT
AND USE OF REAL EST~TE
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RECF\VEO
,\:~N B Z003
DOCS
In accordance with Indiana Code Section 36-7-4-613, the
undersigned, Shady Brook Development Co., a partnership
(hereafter "Owne~fl), 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 neal Estate to the Carmel Plan Commission
(hereafter "Commission'l) and for good and valuable consideration,
the receipt of which is hereby acknowledged commits to the OWner-s
of real estate abutting the Real Estate as follows;
1. Description of Real Estate;
See Exhibits A and B (Real Estate).
2. Docket No.: 75-89-Z
3. Statement of Commitments:
a. Development of the Real Estate shall be subject to
Carmel Plan Commission review and approval of the site
development plan, architect~ral design, landscaping, lighting and
signage as provided in S.R. 421 Michigan Road Corridor Overlay
Zone (IIZone") as to all parts of such Real Estate whether located
wholly within or outside of such Zone.
b. The real estate described on Exhibit B-1 and B-2 hereto
shall be developed a.nd used solely for the following uses:
general office, office building and professional office, as such
terms are defined in The Zoning Ordinance of the City of Carmel,
Indiana as of the date hereto.
c. Owner commits that the buildings to be constructed on
the real estate described on Exhibit B-1 hereto shall not exceed
the lesser of one (1) story in height or thirty-five (35) feet in
height.
d. Owner commits that the buildings to be constructed on
the real estate described on Exhibit B-2 hereto shall not exceed
the lesser of two (2) stories in height or forty-five (45) feet
in height.
e. Owne~ commits that any building constructed on the real
estate described on Exhibit B-1 hereto 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.
f. No roadway or street providing access to the Real Estate
from 106th Street shall, at its point of intersection with 106th
Street, be closer than 600 feet from the westernmost property
line of the adjoining real estate described On Exhibit c.
g. No roadway or street providing access to or from lD6th
Street shall be closer than a line running betwe~n a point on
106th S~reet, ,6~O ,feet from the ~estern bound~ry line of the real
estate described on Exhibit c, to a point to the south, 275 feet
southwest of the southwest corner of the adjoining real estate
described on Exhibit c.
h. The Owner commits that the following uses shall be
prohibited on the 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 manufacturing, stock yards, slaughtering, leather
curing, and tanning;
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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 court~
Carnivals, circuses and fairs;
Outdoor theatre; and
Penal/correctional institution.
i. Owner commits that the provisions of the Zoning
Ordinance of the City of Carmel, Indiana notwithstanding, no
building constructed on the real estate described on E~hibit A
shall excp.ed 55 feet in height.
4. Binding on Successors & Assigns: These Commitments are
binding upon the OWner of the Real Estate, and its successors and
assigns, each subsequent owner of the Real Estate and each other
person acquiring an interest in the Real Bstate, unless modified
or terminated by the Commission. 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, except that a modification or termination of the
commitments contained in paragraphs 3(b} through 3(h) inclusive
shall first require the written consent of the owner of the real
estate described on Exhibit C.
5. Effective Date:' The commitments contained herein shall
be effective upon the adoption of an ordinance by the Carmel City
Council changing the zoning classification of the Real Estate
described on Exhibit "A~, fr6m the 5-1 Residence District
Classification to the B-3 Business District Classification and
changing the zoning classification of the Real Estate described
on Exhibit ~B'I from the 8-1 Residence District Classification to
the B-5 Business District Classification.
6. Recording: The undersigned hereby authorizes the
Director o~ Community Development or the Secretary of the Carmel
Plan Commission to record these commitments in the Office of the
ReCOrder of Hamilton County, Indiana, upon the granting of the
approvals referred to in paragraph 5 above.
7. Enforcement: These commitments shall run with the land
and may be enforced by:
a. the Carmel Plan Commission:
b. the-City of Carmel, Indiana; or,
c. any DINner of real estate which abuts the Real
Estate.
Executed this \ ~ th day of JanUiuy, 1990.
SHADY BROOK DEVELOPMENT CO.,
an Indiana G~neral ~artneTship"
BY, ~u (!, IJf4Il1::.
Jo C. Stark
General Par:-tner
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{
STATE OF INDIANA )
} 55:
COUNTY OF HAMILTON )
The undersigned, a Notary Public in and for said County and
State, acknowledged the ex~cution of the foregoing by John C.
Stark, General Partner of Shady Brook Development Co., an Indiana
general partnership.
W1TNESSETH this 16th day 0
.lC'
Commission Expires:
March 2, 1993
This instrument prepared by: James J. Nelson, NELSON &
FRANKENBERGER, 3021 E. 98th street, #220, Indianapolis, IN
46280.
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EXHIBIT A
A part of the Northwest Quarter of Section 7, Township
17 North, Range 3 East, Hamilton County, Indiana,
described as follows, to-wit:
BEGINNING at the Northeast corner of said Quarter
Sectioni thence South on the East line of said Quarte~
Section 1595.43 feet~ thence West parallel with the
South line of said Quarter Section 803.68 feet to a
point on State Highway '421f thence Northwest on said
Highway 1744.35 feet to the intersection of the North
line of said Quarter Section; thence East on the North
line of said Quarter Section 1418.11 feet to the Point
of Beginning, containing 40.41 acres, more or less.
ALSO, commencing at the Southeast corner of said East
Halfi thence North along the East line of said East
Half 289.00 feet to the Point of Beginningi thence West
parallel with the South line of said East Ralf 506.42
feet to the cent~rlinp. of U.S. Highway #421; thence
NORTH 20 degrees 37 minutes 15 seconds WEST along said
centerline 851.52 feet; thence E~st parallel. with the
South line of Baid East Half 803.68 feet to the East
line of said East Half; thence South along said East
line 797.57 feet to the Point of Beginning, containing
12 acres, more or .less.
ALSO, a part of the West Half of the Northeast Quarter
of Section 7, Township 17 North, Range 3 East, H~milton
County, Indiana, described as follows, to-wit:
COMMENCING, at a stone 1338.0 feet West of the
Southeast corner of said Northeast Quarter; thence West
along the South line of said Nest Half 426.46 feet to
the Point of Beginning, thence continuing West along
said South line 912.94 feet to the Southwest corner of
said West Balf; thence North along the West line of
said West Balf 1577.4 feet; thence East parallel with
the North line of said West Half 468.39 feet; thence
SOUTH 37 degrees 00 minutes 00 seconds EAST 196.97
feet; thence SOUTH 50 degrees 53 minutes 32 seconds
EAST 369.72 feet~ thence SOUTH 37 degrees 10 minutes 00
seconds EAST 370.00 feet~ thence SOUTH 08 degrees ,00
minutes 00 seconds EAST 255.00 feeti thence SOUTH 50
degrees 45 minutes 00 seconds WEST 452.00 feet~ thence
.SOUTH 18 degrees 00 minutes 00 seconds EAST 368.00 feet
to the Point of Beginning, containing 30.61 acres, more
or less.
EXCEPTING THEREFROM: A part of the Northwest Quarter
of Section 7, Township 17 North, Range 3 East, Hamilton
County, Indiana, described as follows to-wit:
BEGINNING at the Northeast corner of said Quarter
Sectioni thence South on the East line of said Qua~ter
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Section 1105.0 feet; thence SOUTH 54 degrees 33 minutes
59 seconds WEST 69.57 feet; thence NORTH 35 degrees 26
minutes 01 seconds WEST 997.51 feet; thence NORTH 00
degrees 00 minutes 00 seconds EAST 332.58 feet to the
North line of said Quarter Section; thence East on the
North line of said Q~arter Section 635.0 feet to the
Point of Beginning, containing 11.28 acres, more or
less.
ALSO EXCEPTING: A part of the West Half of the
Northeast Quarter of Section 7, TownShip 17 North,
Range 3 East, Hamilton County, Indiana, described as
follows, to-wit:
COMMENCING at a stone 1338.0 feet West of the Southeast
corner of said Northeast Quarter; thenCe West along the
South line of said West Half 426.46 feet; thence NORTH
18 degrees 00 minutes 00 seconds WEST 368.00 feet to
the Point of Beginning; thence NORTH 35 degrees 26
minutes 01 seconds WEST 1450.96 feet; thence NORTH 54
degrees 33 minutes 59 seconds EAST 69.57; thence East
parallel with the North line of said West Half 468.39
feet; thence SOUTH 37 degrees 00 minutes 00 seconds
EAST 196.97 feet; thence SOUTH 50 degrees 53 minutes 32
seconds EAST 369.72 feet~ thence SOUTH 37 deg~ees 30
minutes 00 seconds EAST 370.00 feet; thence SOUTH 08
degrees 00 minutes 00 seconds East 255.00 feet; thence
SOUTH 50 degrees 45 minutes 00 seconds WEST 452.00 feet
to the Point of Beginning, containing 15.39 acres, more
or less.
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EXHIBIT B
A part of the ~orthwest Quarter of Section 7, Township
17 North, Range 3 East, Hamilton County. Indiana,
described as follows, to-wit:
BEGINNING at the Northeast corner of said Quarter
Section~ thence South on the East line of said Quarter
Section 1105.0 feet; thence SOUTH S4 degrees 33 minutes
59 seconds WEST 69.57 feet, thence NORTa 35 degrees 26
minutes 01 seconQs WEST 997.51 feet; thence NORTH 00
degrees 00 minutes 00 seconds EAST 332.5B feet to the
NOrth line of said Quarter Section: thence East on the
No(th line of said Quarter Section 635.0 feet to the
Point of Beginning, containing 11.28 acres. more or
less.
ALSO, a part of the West Half of the Northeast Quarter
of Section 7, Township 17 North! Range 3 East, Hamilton
County# Indiana described as follows, to-wit:
COMMENCING at a stone 1338.0 feet West of the Southeast
cornec of said NOLtheaet Quarter; thence West along the
South line of said West Half 426.46 feet; thence NORTH
18 degrees 00 minutes 00 seconds WEST 368.00 feet to
the Point of Beginning; thence NORTH 35 degrees 26
minutes 01 seconds WEST 1450.96 feet; thence NORTH 54
degrees 33 minutes 59 seconds EAST 69.57; thence East
parallel with the North line of said West Half 468.39
feet; thence SOUTH 37 degrees 00 minutes 00 seconds
EAST 196.97 feet; thence SOUTH 50 degre~s 53 minutes 32
seconds EAST 369.72 feet~ thence SOUTH 37 degrees 30
minutes 00 seconds EAST 370.00 feet: thence SOUTH 08
degrees 00 minutes 00 seconds EAST 255.00 feet, thence
SOUTH 50 degrees 45 minutes 00 seconds WEST 452.00 feet
to the Point of Beginning, containing 15.39 acres, more
or less.
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EXfiIBIT B-1
1\ ptnt: o( tho t10rlhwcRt OIlila:ter: of Sf"'cttl111 oJ, '1\.I\..rllflhlp 17 North,
Tlilllge 3 F;1l;': I IJi1;1I1 H:ol\ O)uuty, ltl~lli:"llla . d('~~<:r.'.II)()I) fI~ follO\.l!J to-
H\ L ~
f,ln.;unom; <il: lilt:' tlorthC?nr.t COll\pr of (,;.rlel Vllml0.r Sf~r.::tiOl1; t11('(lCP
South (;11 Ill? F..ant 1111e of ficLid QI1;lrtrt. r;'~CUql1 110S.0 feet; thellcc
5umll S," (k~lr'C'e9 )J mlllul.eg S9 secolHl,<; l"IJ'~;'l' 69.5"1 ff.:0.ti t-J\eIICe
t.Jl:1I1'1lI Yi fl~Jn'('!; 2G InJnutc:J 01 r;E"(;fllll1:-; \'11'::;'1' 9'l7 .51 [f'P-~; tJ\em:p.
l/l'.ln'l1I 00 d~~Il"Cf"n 00 mll1lll.es 00 flf:'COlldn EI'I!;'J' J.I). 5(1 fm'\t to the
I~n'h 1111r' of srdtl t;.'IlII1\:I'('r Si~cL.r.DlI; 1I1r'IH:p l;:--I!~t (Ill 1.118 NOlth lJIlB
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FEB-08-2002 FRI 08:53 AM CARMEL COMMUNITY svcS
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FAX NO. 317 571 2426
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EXHIBIT B-2
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FEB-OB-2002 FRI 08:53 AM CARMEL COMMUNITY SVCS
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FAX NO. 317 571 2426
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P. 10
EXHIBIT C
Part of the West Half of the Northeast Quarter of Section 7,
Township 17 No~th, Range 3 East, Hamilton County, Indiana, more
particularly described as follows:
Beginning at a point on the North line of said Half Quarter
Section 440.4 feet West of the Northeast corner 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 Northeast Quacter~ thence North upon said West 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.
AMENDED AND RESTATED COMMITMENTS CONCERNING
THE DEVELOPMENT AND USE OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-613, the undersigned makes tbe
following AMENDED and RESTATED Commitments coneeming the use and development of
certain real estate located in Hamilton County, Indiana (hereafter "Modified Commitments") to
the Cannel/Clay Plan Commission (hereafter "Commission"):
RECiTALS
A. On January 16, 1990, Shady Brook Development Co., executed certain written
commitments coneeming the use and development of approximately 90 acres of
real estate, which 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 comer
of 106111 Street and U.S. H.ighway 421 in Clay Township, Hamilton County,
Indiana. These commitments were approved by tne Cam1ellClay Plan
Commission under Docket No. 75-89 Z (hereafter "Original Commitments").
B. Tnese Original Commitments provided, among other things, that the development
of the Real Estate shall be subject to the Cam1ellClay 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 Can11el Clay
Zoning Ordinance (hereafter "Ordinance") as to all parts of the Real Estate
whether located wholly within or outside of slIch Overlay Zone.
C. The Original Commitments have been interpreted and implemented by the City of
Cannel Department of Community Services to not only include the review and
approval of the Plan Commission, but also the adherence to the development
standards of the Overlay Zone.
D. The undersigned, the owner of the Real Estate which is more pmiicularly
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 S cetion 23C. 7 of the Ordinance.
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E. The undersigned received the approval of the Commission at a meeting on
, 2003, which approval is reflected in a Letter of Grant attached as
Exhibit "B".
F. In accordance with the Letter of Grant, the undersigned \vishes 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
tbe knowledge of the undersigned and its representatives, the Original
Connnitments have not been recorded in the Office of the Recorder of Hamilton
County.
RESTATED AND AMENDED COMMITMENTS
The Original Commitments are hereby amended and restated with respect to the Real
Estate as follows:
1. Description of Real Estate: See Exhibit "A" (Real Estate).
2. Docket Nos.: 75-89-Z and 03-03 CA
3. Statement of Commitments:
a. Development of the Real Estate shall be subj ect to Carm el/Clay PI an Commission
review and approval of the site development plan, architectmal design, landscaping, lighting and
signage as provided in the Carmel Clay Zoning Ordinance ("Ordinance") governing the U.S.
Highway 421- Michigan Road Con-idor 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 Carmel, Indiana as of the date hereof.
c. The undersigned ("Owner") C0L1U11its that the buildings to be constructed 011 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 constructed 011 the Real Estate shall be set back
not less than sixty (60) feet from the westernmost property line of the adjoining real estate
described 011 Exhibit "c" hereto.
e. The Owner commits that the following uses shall be prohibited on 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 manufacturing, stock yards, slaughtering, leather curing, and tanning;
Reclaiming processes involving materials and/or chemicals that are considered
dangerous to the health, safety, and welfare of the general public as detel111ined by
the State oflndiana, Board of Health or City of Carmel;
Single family residences;
Roadside sales stands;
Garbage disposal plants/sanitary landfills;
Junk and salvage yards;
Mobile home court;
Carnivals, circuses and fairs;
Outdoor theatre; and
Penal/correctional 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 other.vise required under the Ordinance. (Section 23C. 7)
4. Binding 011 Successors & Assigns: These Commitments are binding upon the
Owner of the Real Estate, and its 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 tenninated only by a
decision of tIle Commission made at a public liearing after notice as provided by the rules of the
Conunission.
5. Effective Date: The commitments contained herein shall be effective upon the
approval by the Cannel/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 SecretaTY of the Cannel/Clay Plan Commission to record these commitments in
the Office of the Recorder of Hamilton County, Indiana, upon the granting of the approval
refened to in paragraph 5 above.
3
7. Enforcement: These commitments shall, run with the land and may be enforced
by tbe Carmel/Clay Plan Commission or the City ofCamlel, Indiana.
Executed this _day of
,2003.
UNIQUE, THE SPECIALTY GROUP, INC.
BY:
Jennifer Flora, President
ST A IE OF INDIANA }
)SS:
COUNTY OF HAMILTON )
The undersigned, a Notaty Public in and for said County and State, acknowledged the
execution ofthe foregoing by Jelmiter Flora, President of Unique, The Specialty Group, Inc.
WITNESSED this _day of
,2003.
Residing in
Notary Public
County
Commission Expires:
This instrument prepared by: Paul G. Reis, Esq., Drewry Simmons Pitts & Vornehm, LLP, Suite
1200, 8888 Keystone Crossing, Indianapolis, IN 46240-4621
G:\nroups\Clients\U-w\Unique- The Specialty Grollp\Corllmitlllcnts - Revised )-04-03.doc
Exhibit "A"
Legal Description
A part of the Northwest Quarter of Section 7, Township 17 North, Range 3 East located
in Clay Township, Hamilton County, Indiana being bounded as follows:
BEGlNNlNG at the point of intersection of the East Line of the Northwest Quarter of
Section 7, Township 17 NOlth, Range 3 East and the northeasterly extension of the
southeastem boundary of the 2.243 acre tract of land desctibed in Exhibit "A" of the
WARRANTY DEED recorded as instrument #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 Northwest
Quarter; 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 nOltheastem right-
of-way line of Commerce Drive (the South 36 degrees 06 minutes 43 seconds East
663.48-foot-Iong course; see the SPECIAL 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 northeastern right-of-way line of
ConU11erce 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 sald 2.243 acre tract of land and along the northeasterly extension of the
southeastem boundary of said 2.243 acre tract of land to the POINT OF BEGINNING
containing 2.564 acres, more or less.
EXHIBIT "C"
Part of the West Half of tile Northeast Quarter of Section 7, Township 17 North, Range 3 East,
Hamilton County, Indiana, more particularly described as follows:
Beginning at a point of the North line of said Hal f Quarter Section 440.4 feet West of the
Northeast comer thereof; thence South and parallel with the East line of said Half Quat1er
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 Northeast Quarter; thence North upon said West 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
begimling, containing 14.0 acres more or less.
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'REDlfINE'VERSION OF 3-4-03 REVISIONS
''',/ .
'<-? Deletions appear as Ov~rslTike text
~ ~'\) . Additions appear as Bnld+Dbl UIltI~ text
~S~~~ ~~~~ AMENDED AND RESTATED COMMITMENTS CONCERNING
~~:\;S ;J TIlE DEVELOPMENT AND USE OF REAL EST A TE
. In\)~cordan~>Vlth Indiana Code SectIon 36-7-4-613, the t1l1dClsigned makes the following AMENDED and
&-~?~Commitments eOllcernmg the use and development of certain real estate located in Hanulton County,
/ J di'ii'na-tncleafter "Modified Commitments") to the Cmmel/Clay Plan Cormnisslon (hereafter "Conunission")
REClT ALS
A. On J al111ary 16, 1990, Shady Brook Development Co., executed certain written conunitments concerning
the use and development of approximately 90 acres of real estate, which 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 comer of 106(h Street and U.S. Highway 421 in Clay
'fownship, Hamilton County, Indiana. These conmljtments were approved by the Carmel/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 CarmeI/Clay Plan Commission's rcview and approval of the site development plan, architechllal
design, landscaping, lighting and signage as provided in the U,S. Highway 421-Michigan Road Overlay Zone -
Section Be (hereafter "Overlay Zone") of the Carmel Clay Zoning Ordinance (hcreafter "Ordinance") as 10 all
parts ofthe Real Estate whether locatcd wholly within or outside of such Overlay Zone.
C. The Original Conmtitments have been interpreted and implemented by the City of Cannel Department of
Community Services to not only include the review and approval ofthe Plan Commission, but also the adherence to
the development standards of the Overlay Zone.
D. The undersigned, the mv11er of the Real Estate which is more pa11icularly described in Exhibit "A", desires
to establish zllld develop a lot via secondary plat ami obtain the approval of a l1evelonmenl Plan that is less than
the three-acre minimum required by tl1e-Gverlay Zone Section BC7 of tbe Onlinance.
E. The undersigned received the approval of the Corrunission at a meeting on
approval is reflected in a Letter of Grant attached as Exhibit "B".
, 2003, which
F. In accordance with the Letter of Grant, the undersigned wishes to amend and restate the Original
Comminnents to rd1cct the Commission's approval oftha 8stablishmcnt~fa lot that is a Development Plan
covering an Hea 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 110t been recorded in the Otliee of the Recorder
of Hamilton COllnty.
RESTATED AND AMENDED COMMITMENTS
The Original Commitments arc hereby amended and restated with respect to the Real Estate as follows:
1, Description of Real Estate: See Exhibit "A" (Real Estate).
2.
Docket No~_:
75-89-Z and 03-03 CA
3. Statement of Commitments:
a. Development of the Real Estate shall be subject to Carmel/Clay Plan Commission review and approval of
the site development plan, architectural design, landscaping, lighting and signage as provided in the Carmel Clay
Zoning Ordinance ("Ordinance") governing the U.S. Highway 421-Michigan Road Conidor Overlay Zone
("Overlay Zone") (Sedioll 23[: 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 ofCa1111el, Indiana as of the date
hereof.
c. The undersigned ("Owner") commits that the buildings to be constructed on the Real Estate described 011
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 constructcd 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.
e. The Owner commits that the following uses shall be prohibited on 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 manufacturing, stock yards, slaughtering, leather curing, and tanning;
Reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety, and
welfare of the gcneral public as detcrmined by the State ofIndiana, Board of Health or City of Carmel;
Singlc family residences;
Roadside sales stands;
Garbage disposal plants/sanitary landfills:
Junk and salvage yards;
Mobile home court;
Call1ivals, circuses and fairs;
Outdoor theatre; and
Penal/correctional institution.
f. The application of the Ordinance with respect to the Rcal Estate will allow the establishment of a lot on fur
the apnroval of II DeveloDl11ent Plan cov~ the Real Estate that is less than the three (3) acres in size as is
otherwise required under the Ordinance. (Section 23f:.7)
4. Binding on Successors & Assigns: These Commitments arc binding upon the Owner of the Real Estate, and
its successors and assigns, caeh subsequent owner of thc Real. Estate and each other person acquiring an interest in
the Real Estate, unless modified or lenninated by the Commission. These Commitments may be modified or
tnminated only by a decision of the Commission made; at a pubhc hearing after notice as provided by the rules of
the Conmussion.
5. Effective Date: The conunitmcnts contained herein shall bc etIective upon the approval by the CarmelJClay
Plan Commission of a Change of Conmutment application, filed under Docket No 03-03 CA.
6. Recordmg: The undersigned hereby authorizes the Dircetor of Conununity Services or the Secretary of the
Canncl/Clay Plan Conmussion to record these comnutments in thc OHice of the Recorder of Hamilton COllnty,
Tndiana, upon the granting oHhe approval referred to in paragraph 5 above.
2
7. Enforcement: These commitments shall, run with the land and may be enforced by the Carmel/Clay Plan
Commission or the City of Carmel, Indiana.
Executed this _day of
,2003.
UNIQUE, THE SPECIALTY GROUP, INC.
BY:
Jennifer Flora, President
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 this _day of
,2003.
Commission Expires:
Notary Public
Residing in County
This instmment prepared by: Paul G. Rels, Esq., Drev.rry Simmons Pitts & VomclUl1, LLP, Suite 1200. 8888
Keystone Crossing, Indianapolis, IN 46240-4621
This redl1l1ed draft, generated by CompareRite (TM) - The Instant Reclliner, shows the differences between -
original document : G:\GROUPS\CLIENTS\U-W\UNIQUE-THE SPECIALTY GROUP\COMMITMENTS-
REVISED 1-31-03 DOC
and revised document: G:\GROUPS\CUENTS\U-W\UNIQUE-THE SPECIALTY GROUP\COMMITMENTS -
REVISED 3-04-03.DOC
ComparcRite found 7 challge(s) in the tcxt
COlllpareRite found 0 clmnge(s) in the notes
Deletions appear as Overstrike text
Additions appear as Bold+Obl Underline tcxt