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Home My WebLink AboutCommitments-Recorded ~ - .. ,:,tf,tJ~~~ CAt"" ,~<'\ 'U' , \, ' - /,,' !~,./ ~ ,: RECf\\}ED I~ jUl 1 ?~~3 \--:,. DOCS u Cross Reference: Ins!. #91.34165 Inst. #200100073521 c~003000b;:::c~4 '1 Filed for Record In HA!~IUm,1 COUNTY1 INDlf'iNA .TI:::l\li\nI="ER J HnYDEN 0~-~~-~('\" nt n~'5~ trlIs2! c!".' H .,c"2f. gl~' SECOND .MODIFIED COMMITMENTS CONCERNING USE AND DEVELOPIvIENT OF REAL EST A TE The undersigned makes tl1e following modified commitments concerning use and development of real estate ("Second Modified Commitments") to the Carmel/Clay Plan Commission ("Commi 5si on"). RECITALS A. On November 19, 1991, P.LA. Indianapolis, Inc" predecessor-in-interest to J.B. & M.J.M. of Indiana, Inc., an Indiana corporation, made ce1tain commitments concerning the use and development of real estate, consisting of approximately 1O.63:!: acres ("Real Estate") in connection with the construction of a new 40 bed residential treatment center ("Building"). The Original Commitments were recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument No. 91- 34165. B. These Original Commitments provided that any modifications to the improved development plan, including additions to the Building and any new building(s) to be constructed on the Real Estate, shall be approved by the Commission. C. . On November 5,2001, J.B. & M.J.M. ofIndiana, Inc., the current owner ("Owner") of the Real Estate, modified the Original Commitments ("First Modified Commitments") to accommodate the addition of a maintenance building and recorded the First Modified Commitments in the Office of the Recorder of Hamilton County, Indiana as Instmment No. 200100073521. D. Owner now desires to construct a two-story building addition and reconfigure the parking lot on the Real Estate. E. The Owner received the approval of the Commission at a meeting on May 13,2003, which approval is reflected in a Letter of Grant attached hereto as Exhibit "A". F. The Owner is now required to modify the Original Commitments as follows to retlect the Commission's approval for the construction of the two-story building addition and the parking lot reconfiguration. :: u u MODIFIED COMMITMENTS 1. Paragraph 2 "Docket Numbers" shall be amended to read: "45-91-Z, 107-01 CA and 43-03 CA." 2. Paragraph 3(d) shall be amended by replacing the development plan attached to the Original Commitments and designated as Exhibit "D" with the development plan attached hereto as Exhibit "B". 3. A new Paragraph 3(h) shall be added to the Oliginal Commitments to read: "Owner commits, at its own expense and subject to the approval of the appropriate government authority, that the existing four-foot sidewalk on the Real Estate that runs along Illth Street shall be widened to ten feet if a ten-foot sidewalk is installed along the entire perimeter of 111 III Street in front of the Pleasant Grove United Methodist Church located at 445 East 111 L'J Street. The appropriate government authority shall construct the sidewalk at its widened dimension." 4. A new Paragraph 3(i) shall be added to the Original Commitments to read: "Owner commits that a fifteen (15) foot-wi,de strip of the Real Estate described in Exhibit "c" shall be dedicated to the appropriate governmental authority for use as public right-of-way." 5. Except as modified herein, all other terms and provisions of the Original Commitments shall remain in full force and effect. , 2003. STATE OF IV;...fL'C'NS//'; ) ) ss: COUNTY OF f1/4C1le:.;A'k ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing by James Balestrieri, the President of J.B. & MJ.M. of Indiana, Inc. -; u u WITNESSETH this /3 day of "T V1 N -r: f My Commission Expires: Jd t: l /71 (;1,....,," e ~J I.. I ,2003. ~'~._. L> ... ~/-;I"J.-7~::? .,,?c. .~ -Totary Public Sign~ture :;;::1---.,. f) eA//J! IS 13 C1'~$ Printed peA) N I J /tl c: /',J ." M C f R . d ~:./; ,,'1: 4..I~' "'17 y ounty 0 eSl ence: e;r<r' PI ...~ P. e ~ . ..-s( Prepared by: Paul G. Reis, Esq., Drewry Simmons Pitts & Vornehrn, LLP, 8888 Keystone Crossing, Suite 1200, Indianapolis, Indiana 46240. .' JUN-26~2003 THU 02:51 PM CARM~COMMUNITY SVCS FAX NO, 317 ~2426 p, 02 EXHIBIT "A" rllf////lJ${.f"'-_ . ~\\\llk' 9-.~~,~ , v~/ j' "'\<?~ I ,~ -\ ~ I. (i~) tt>~J ~.I ~ . r~ \"--. -'--, W ~ ~\.~--_._--_/ ~Q'\~~' ~-:i7BN'-c~1;P!II\{'~ ~Mf/iI;!) CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES Division of Plannine & Zoning LET T E R of G RAN T June 9, 2003 Richara Steldt RICHARD F STELDT & ASSOCIATES N85 W16058 Appleton AVenue Mepomonee FaIls, WI 53051 _. -.-- - -- -~- ~ 4 l ~R~; ~~d~~!?eveloomentTraU:Uh~ Ce~t'~l.', D~ckefNo..43-03eA ! Dl!aI Mr. SteIdt: At tb~ meetin~ held April 15, 2003 lhe Carmel Clay ?1aJJ Commission took the follQ~(ing action regarding the Commitment Am6ndment, (CA) approval for the property located at the 80uthwest com.er of Old Meridian Street and Pennsylvania SII~et. . APPROVED: Docket No. 43..03 CA reqUC&t to approve the Commitment Amendment subject to dedication of right-of- way aLong PeIlnSylvania Street and minor revisions in the lands.cape plan and lhG pathway requirements along 111111 Stre~t The Carmel Cll1Y Plan Co.tnmission voted ten (10) in favor Uro (0) opposed theroby granting the petition. In order to 3S$i~t the Department's revJew, plea~e attach a copy of this Jetter when making application for permit. regarding the improvemen1s contained wtthm this approval. Dc no! hesitate to contact me if I can be pf further assistance. Siuccrely, Jon C. Dobosiewicz Planping Adxn.inistrator Depfl.tlrtlent ofComnlWlity Services 3) 7-571-2417 cc: Jeff Kendall, Buildir.g Commissioner DOCS D~wl1 raltyn Ramona Hsncr;>ck G~yle Slanl MlIrk Monroe 2003.43.{))CA.pb .. u u Exhibit "B" , ~-iii-':""-' Exhibi t "e" 7 u HisLoric FOl"t Harrison e90] Otis Avenue. Indianapolis, Indiana 317~826-710U 317~825-7110 f'AX u Engineering Surveying Lnndscape Arclli tecture GIS, LlS Geology 46Z16~lU37 Schneider l11TH STREET r' r-- NORm LINE OF THE SW 1/4, SEC. 2. 1.W~, R.3E. ~ gl S89"01'i1"W 2; ~ ~189'01'11"E . , "" 28.50' 15.00 _ _ \", SOUTH RIGHI OF WA~ UN, Of IIITH STREU /\ I;-< ~ W cr::; E-< \f) <C --- Z <C > ~ ;;-. en ~I WI P-, )1. POINT OF BEGINNING NW COR.. SE 1/4. SEC. '2. 1,17N.. R3E.. HAMIL TO~l courm. INDIANA Land Description A port of the Southeosl Quarter of Section 2, Township 17 North, Range :) East, Hamilton Counly, Indiana, being more particularly described os follows' Commencing 01 the northwest comer of sOld quarter section; thence SDulrl 00 degrees \6 minutes 59 seconds East (assumed bearing) along the west liOle oi seid quarter section 0 dislance of 40.00 feel 10 lhe norlhwesl corner 01 0 troel of land described in Instrument Number 90D8700, recorded in the Office of lhe Recorder of Homilton County, Indiana; thence North 89 degrees 01 minutes 11 seconds Eosl along the norlh line of suid tract a dislance 01 28.50 feet to the northeast corner thereof and the Poinl of Beginning: Ihence South 00 degrees 16 minules 59 seconds East along the east line at said tract and the $outherly prolongation thereof 0 disi.ance of 55080 feet:. lhence Norlh 89 degrees 01 minutes 11 5econd5 East parallel with lhe north line 01 said quarter section a distance of 15.00 feet; lhence North 00 degrees 16 minutes 59 secon ds West parallel with eost line of said quarter section a distance of 650.80 teel to tile eoslerl y prulongation of the north line af the oloresaid tract; thence South 89 degrees 01 minutes 11 secends West along soid easterly prolongolian a dislonce of 15.00 feet 10 Ihe Point of Beginning. containing 0.22 ocres, more or less J.B. M,J.M OF INDIANA tNC. INST. #9709731965 w ..., ~ ?E: I~' oJ 18 "" ---- ~ u 0= I~ z l~ 'IE N89"01'11"E 15.00' s: \717\004\dwgs\ is' RW.dwg JKR Poge 1 of 1 u ; U PMwJ~.~_xS1MMQ~~s Plrts_&YQRtirHMtJ.Jr A T TOR N E Y S v 8888 KeystolU' Cmssillg, Suite 1200 . Indianapolis, Indiana 46240 . (317) 580-4848 t~lcphon~ . (317) 580-4855 facsimile . www.dl.ewrJsimnlOns.l.Om Ilfark T. Monroe, AleI' mmonroe@drewlysimmolls.cOm July 2, 2003 /:,- / I- I /' .' ,: I L~I \. \ ~ REeF/liED JilL 7 2003 DOCS Dennis Burg, Esq. General Counsel Oconomowac Residential Programs P.O. Box 278 Donsman, Wisconsin 53118 RE: Zoning Commitments OUT File Number: 3258.002 Dear Mr. Burg: I have enclosed a ~'fjle stamped" copy of the zoning commitments for your file relating to the expansion of your facility in Cannel, Indiana located at the southeast corner of Pennsylvania Strcet and 111th Street If yon have any questions, please do not hesitate to contact me. Thank you for cooperation and assistance in this matter. Very truly yours, DREWRY SIMMONS PITTS & VORNEHM, LLP '1/'v1 toT/vii. "'(j 11/1V'1/1/,44' Mark T. Monroe, AICP, J.D. Land Use Plmmer Enclosure cc: Mr. Richard F. Steldt, Ric11ard F. Steldt and Associates Mr Jon Dobosiewicz, City of Cannel.,../'