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Home My WebLink AboutCommitments - Recorded JAMES J NELSON CHARLES D. FRANKENBERGER JAMES E. SI-I1NA VER LAWRENCE J. KEMPER JOHN B. FLATT NELSON & FRANKENBERGER~ A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846-8782 wwwnf-Iaw.com ~,\ J 1 ;.:. "1tf.Y " ;,!EREDRlG'LA WRENCE -t.:.::C ~ r.-~" v DA V 1D'j"l':IGfI'fENBERGER JESSICA S. OWENS 'DOCS Of Counsel JANE B. MERRILL January 29,2009 Clu-istine Barton HoLmes City of Cannel One Civic Square Carmel, IN 46032 RE: The Blackstone Group - Zoning Commitment BZA Docket No. 08100005 SU Approved November 24,2008 Dear Christine: Enclosed please find a recorded copy of the Commitments for the Aaron-Ruben-Nelson Mortuary approved by the Board of Zoning Appeals on November 24, 2008 for your records. Should you have any questions please do not hesitate to call me. Thank you. Very truly yours, NELSON & FRANKENBERGER ).~ Jon C. Dobosiewicz Land Use Professional Enclosure H:\Becky\Zoning & Real Estate Matters\Nelsoll Funerall-fome\Letters\LlJ' to C D Holmes 012909.doc ,~ . ~<..~ ill I, '"'C.... (' " .,;. {,t._- "-, ~- ~ "'<~ - 1ft ,-\ t~?j - _E\.r - ~.~ . "-- ".,.r i...L' , _ r. I.... '.:--, , Jli ~ - I.-l\,., ':. '\;-,'~', \Dij~ ~JgJ COMMITMENTS ,.cJ . ~ - . CQNCERNING USE AND DEVELOPMENT OF REAL ESTATE . t- ,'" ,~~. / .:/,/ r::;:;- 'I\"'Y '~:'_L::'Flie'''Blackstone GrOUPt an illinois general partnership, ("Blackstone") makes the following commitments (the "Commitments") to the Board of Zoning Appeals (the "BZAOl) of the City of Carmel, Indiana (the "City"): 2009003591 MIse $15.00 01/27/2009 11:39:23R 3 PGS Jennifer J Hayden HRMILTON Counly Recorder IN Recorded as Presenled Section 1. CrossReference. These Commitments are made in connection with (i) the BZA's approval of a special use on November 24, 2008 under docket number 08100005 SU and (ii) the approval by the City's Plan Commission ofDP/ADLS on December 16, 2008 under Docket No. 08090017 DP/ADLS (collectively the "Approvals") with respect to the real estate descn'bed in what is attached hereto and incorporated herein by reference as Exhibit "An (the "Real Estate'). Section 2. Definitions. Commitments. The following definitions shall apply throughout these A. Cremation. ilCremation" shall mean and refer to the actual cremation of a dead human body. B. Cremator. "Crematof" shall mean the person or entity performing the actual Cremation of the hwnan body. C. Subiect Funeral ijome. The "Subject Funeral Home" shall mean the funeral home and crematory entity operating on the Real Estate pursuant to the Approvals. D. Another Funeral Home. "Another Funeml Home" shaIl mean any funeral home entity other than the Subject Funeral Home. E. OUtsourced Cremation. "OUl:sourced Cremation.' shall mean an arrangement by which Another Funeral Home, in exchange for payment to the Subject Funeral Home, outsources or subcontracts-out a Cremation to the Subject Funeral Home. Section 3. CoPUIlitment Prohibiting: Outsourcing. The Subject Funeral Home shaJI not, as a Cremator, participate in or process Outsourced Cremations. Section 4. Commitment regarding Crematory Unit. The ct<:mator,y unit to be installed in,the Subject Funeral Home shaIibe the N-20AA Crematory Unit manufactured by B & L Cremation Systems. Inc., and any replacements thereof shaH be comparable thereto. Section 5. Recordine: of Commitments. The undersigned sball record these Commitments with the Recorder of Hamilton County, Indiana. Section 6. Enforcement. These Commi1ments may be enforced by the BZA. Section 7. Bindinl! on Successors. These Commitments are binding upon Blackstone andits successors and assigns, unless modified or tenninal:ed by the BZA after a public hearing wherein notice is provided by the roles of the BZA. The provisions of this Section 7 notwithstanding, Q -i these Commitments'shall termimrte as to any part or parts of the Real Estate hereafter reclassified ("Rezone") on the CityTS official Zone Map. . Sei:tion 8. Effective Date. These Commitments sball be neither effective nor en1brceable until after both the acquisition by Blackstone of the Real Estate and the commencement of the construction and development of the Subject Funeral H:ome in accordance with the Approvals and, absent both the acqUisition by Blackstone of the Real Estate and the commencement of development and consttuction of the Subject Funeml Home in accordance with the Approvals, these Commitm.entsshall be null and void. IN WITNESS 'WBEREOF, Blackstone has caused these Commitments to be executed as of the date identified on the Notary below. STATEOF ILL.INOIS ) )8S: COUNTY OF' SANGAMON _~ ~~ Jo Hurwitz,. general par1Jler ~ BefOre me. the undernigned,. Notary Public in and for the said County and State, personally appeared Joe .Hurwitz, general partner of the Blackstone GrOUPj who acknowledged execution of the foregoingComtnitments and on behalf of the Blackstone Group. Witness my hand and Notarial Seal tbis 1"- tI"'day of JeLl iW<I'++40O>+..40#o!,>MI/I1ll.linl'rlo"~ . ~. OF!.IOIAL: SmAL...l.' - My Commission Expitl\llCHE Ll: A. FUN3C L I 0 \ 2 I t 2-0 lot NOTARY PUBLIC, STATE OF ILL! UW ceMM1SSIOM EXPIRES 10-21 1)(..~.:>->.-:O+~"'''''1~+')Y')O'::--:.'''''~~. Prepared by: Charles D. Frankenberger, Nelson &, Frankenberger, 3105 E. 98th Street:, Suite 170, Indianapolis, IN 46280 (317) 844-0106. 200q '~L Pursuant to Ie 36-2-11-15(b)(c), I affirm under the penalties for perjury, that I have taken reasonable CB{e to redact: each Social Security number in this document. unless required by law- Charles D. Frankenberger. 'Ill. -i, Exhibit "A" (INSTRUMENT #92-30706) A part ofthe Northwest Quarter of Section 6. Township 17 North, Rnnge3 East in Clay Township, Hamilton County, Indiana. More particularly described as follows: Beginning 629.59 feet Northwesterly to the South line of said Quarter Section on the center line of U.S. Highway 421; thence continuing in a Northwesterly direction on and along the center line of U.S. Highway 421 North 16 degrees 15 minutes West 251.01 feet; thence North 90 degrees and on minutes East 714.3 :feet; thence South 16 degrees and 57 minutes West 157.0 feet; thence south 81 degrees and 10 minutes West 648.99 feet to the centerline of U.S. Highway 421 and also the place of beginning containing in all 3.10 acres, more or less, in Hamilton County, Indiana. EXCEPTING THEREFROM THE FOlLOWING PORTION CONVEYED FOR RIGHT OF WAY PURPOSES ACCORDING TO RECORD DESCRIP'lrION (INSTRUMENT #2tJOO-'7273): A part of the Northwest Quarter of Section 6, Township 17 North, Range 3 east of the Second Principal Meridian, Hamilton County. Indiana, and being all that part of the owner's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat of Parce132, also described as foJIows: Commencing at a point 629.59 feet Northwesterly of the South line of said Quarter Section on the centerline of U.S. Highway 421 (the foregoing portion of this description. beginning witbthe words n629.95 feet Northwesterly" is quoted from Instrument No. 9230706). which point is the southwest comer of the owner's land~ thence North 71 degrees 28 minutes 33 seconds East 15.257 meters (50.06 feet) alongtbesouthem lineoftbe owner's land to the eastern boundary of said V.s. 421 and the Point of Beginning of this description. thence North 15 degrees 48 minutes 20 seconds West 53.086 meters (174.17 feet) along said boundary of U.S. 421; thence continuing along said boundary Northwesterly 22.609 meters (74.18 feet) along an arc to the left and having a radius ofl761.133 meters f5718.0Q feet) and subtended by a long t:hord having a bearing of North 16 degrees lO,minutes 24 seconds West and a length of 22.609 meters (74,18 feet) to the northern line ()fthe owner's land; thence North 80 degrees 25 minutes 06 seconds East S.803 meters (19.04 feet) along said northern line to point 1I1232" as shown on said Right of Way Parcel Plat; thence Southeasterly 21.980 meters (72.11 feet) along an arc to the right and having a radius of 1766.393 meters (5796.89 feet) and subtended by a long chord having a bearing of South 16 degrees 09 minutes 43 seconds East and a length of 21.980 meters.(72.11 feet) to point "785t. as shown on said plat; thence South 15 degrees 48 minutes 20 seconds East 52.812 meters (17.3.27 feet) to said southern line of the owner's land; thence South 71 degrees 28 minutes 33 seconds West 5.766 meters (18.92 feet) along said southern lines to the point of beginning and containing 0.043 hectares (0.107 acres) mOTe or less. NOTE: In the above description per the record deed cites the following "629.95 feet Northwesterly", Said distance should actually read 629.59 feet. (FOR REF. ONLY: Containing 2.99 acres, more or less.)