HomeMy WebLinkAboutCommitments for UseJU,N. 16, 2003 4:§6PM
BARNES THORNBURG 311-231-7433
N0. 868 P, 2/5
Cross Reference: Deed dntcd , _ and recorded on trumeat .- -
No. in the Office of the Recorder of Hamilton County, Tndiaaa. ~ ~
COMMITMENT FOR USE OF RE STATE
ALA ~ ~ ~,
IlVCTDENT TO DEVELOPMENT PLAN ~ v~D
RFCF ~ 2~0i3 , _
The undersigned, Wood Auto Park, LLC t7k/a Wood Hyundai, LLC ("Wood") hereby makes the following DOGS ~ '
commitment to the Carmel Clay Planning Comtission ("Commitment") incident to she approval of a Development
Plea for the Undersigned's proposed operations {the "Operatives") to be located on real estate located in Iiamil[on ~ y
County, Indiana and descn'bed on the attached bit A ("Jaguar Lot 3") which ie incorporated herein, whicliseal ,
estate is referred to ns the "Jaguar Property." ~ .
_!
1. Wood as the owner of Lots 1 and 3 of the Bast 96i° Street Auto Park, Lot 1, mere fully described
as:
LOT NUMBERED 1 IN EAST 96"t STREET AUTO PARK, AN ADpITJON IN THE CITY OP
CARMEL, IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF RECORDED AS
INSTRUMRNT NUMBER 200100000285 IN THB OFFICE OF THE RECORDBR OF
HAMILTON COUNTX. INDIANA
(hereinafter referred to as "Lot 1 ").
And Lot 3 more fully described as:
LOT NUMBERED 3 IN EAST 96tt` STREET AUTO PARK, AN ADDITION IN THE CITY OF
CARMEL, IN HAMILTON COUNTY, INDIANA, A5 PER PLAT THEREOF RECORDED AS
INSTRUMENT NUMBER 200100000285 IN THE OFFICE OF THE RECORDER OF
HAMILTON COUNTY, INDIANA
(hereinafter refereed to az "Lot 3").
2. Wood, as the owner of Lot t and Lot 3, reaffirms the specific provision which provides that,
"[A]ll exterior lights shall be signifzcaartly diminished in intensity as all times between 10:00 p.m and 6:30 a.m" as
set out in the Aeclaratioa of Comminmeat for the 96"' Street Auto Park dated June 22, 2000 by DYC Realty, LLC,
which Declaration was recorded in the Office of the Hamilton County Recorder's Office on September 28, 2000 as
document number 200000048615.
3. Wood agrees that the Jaguar Property doors which open into the service area on the west and east
sides of its Jaguar building n Jaguar Lot 3 shall remain closed except for short periods of titne to allow the entrance
or exit of an automobile for service.
4. Wood agrees that any outdoor speaker for a building n Jaguar Lot 3 shall be on the south and east
ends of the building.
A copy of the Commitment shall be delivered by Wood to the Department of Conanunity Services of the
City of Carmel after it is recorded by the Recorder of Hamilton County.
This Commitment may not be partially or completely terminated or modified at any time except by the
Carmel Clay Plaurting Commission (or successor board assuming jurisdiction over said real estate) after notice and
hearing. However, until modified or terminated, this Commitmert shall be enforceable by the City of Carmel or its
Planing Commission by injunctive relief, denial of building permits or approval or other appropriate administrative
or judicial remedy. to such proceedings to modify or terrninate the Commitment, notice of hearing shall be given to
the owners of property as required by the Zoning Ordinance of the City of Carmel and Clay Township, Hamilton
County, Indiana.
JUN. 16, 2003 4;57PM BkRNES THORNBURG 317-231-7433 N0. 868 P. 3/5
WOOD AUTO PARTC, LLC
sy:
(signature)
Its:
Date:
State of County of , SS:
(printed name)
(title)
Executed and aeloaowledged before me, a Notary Public in and for said County and State this _ day of
. 2003.
Notary Public
My Commission Expires:
Resident of
County,
-2-
JUN. 16, 2003 4;51PM BRRNES THORNBURG 311-231-7433 N0. 868 P. 4/5
APPROVAL OF COMMITMENT C3Y
C L CLAY PLANNING COMMISSION
The foregoing Commitment is hereby approved by the Carmel Clay Planning Commission this day of
,2003.
CARMEL CLAY PLANNING COMIvIISSION
sr.
(aignanse)
(printed name)
ATTEST;
Ey:
(signature)
(printed name}
Cts:
(title)
Its:
(~~)
State of Indiana, County of Hamilton, SS:
Executed and aclaewwledged before me, a Notary Publie in and for said County and State this _ day of
2003.
Notary Public
Mr Commission Expires: Resident of Hamilton County, Indiana
This instrumeat prepared by L¢wrenee E. Lawhe¢d, ettomey-at-18W,
11. S. Meridian Street, Indianapolis, Indiana 46204
-3-
JUN, 16, 2003 4:57PM BARNES THORNBURG 317-231-7433 N0. 868 P, 5/5
EXiEIffiTI' A
Leval Dcscrin
THE NORTHERN PORTION OP LOT NUMBERED 3 LESS ,28 ACRES FROM THP
SOUTHERN PORTION OF LOT NUMBERED 3 IN EAST 96~ STREET AUiO PARK, AN
ADDI'T'ION IN TIC CITY OF CARMEL, TN HAMILTON COTJNTY, INDIANA, AS PF.R
PLAT THEREOF RECORDED AS INSTRUMENT NUMBER 200100000285 IN THE OFFICE
OF 1'HE RECORAER OF HAMILTON COUNTY, INDIANA.
INDSOI LEL 594094v1
-4-
~, JUN. 16, 2003 4:56PM .BARNES THORNBURG 311-231-7433 N0. 868 P. 1/5
11 South Meridian Street
Indianapolis, Indiana 46204-3535
(317) 236-1313
BARNES & THORNBLTRG
Attorneys at Law
NAME
TO: Jon C. Dobosiewicz
Planning Administrator
F'12oM Lawrence A. Lawhead
AIRECT DIAL: 231-72b2
DATE: June 16, 2003
FAX COVER SHEET
COMPANY NAME
City o£ Carmel
TIME SENDING:
Fax Nwmber: (317) 231-7433
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