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HomeMy WebLinkAboutCommitments - recorded2009067851 MISC $20.00 11/23/2009 01:17:11P 5 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented COMMITMENTS CONCERNING THE REZONING OF REAL ESTATE COPY t lid r)1LS(a"Le6 US The undersigned, Kite Greyhound II1, LLC "Kite Greyhound the owner of the following described real estate located at the Southeast Corner of the intersection of 146' Street and Lowes Way in Carmel, Clay Township, Hamilton County, Indiana "Real Estate and Westfield One, LLC "Westfield One the owner of certain real estate located in Westfield, Washington Township, Indiana, commonly known as Cool Creek Commons Shopping Center "Shopping Center jointly make the following Commitments Concerning the Rezoning of Real Estate "Commitments to the Common Council of the City of Carmel "Council in connection with the adoption of the Ordinances described below by the Council. 1. Description of Real Estate. See attached Exhibit "A" attached hereto and made a part hereof. 2. Ordinances: Z- 528 -09 and Z- 529 -09 3. Statement of Commitments. a) Kite Greyhound and Westfield One will construct an eight (8) foot wide multi -use path "Path along the east side of the main entrance drive in the Shopping Center "Drive from the intersection of the Drive with 146`" Street on the south to the intersection of the Drive with 147' Street/Oak Road on the north. The approximate location of the Path is shown on Exhibit "B" attached hereto and made a part hereof. Westfield One shall maintain the Path until and unless the Drive becomes a dedicated public street in the City of Westfield and the Path becomes a part of the public right -of -way of Drive. b) The Path will be designed and constructed in cooperation with the City of Westfield, Indiana and will be completed on or before December 1, 2009. 4. Bindinia on Successors Assigns:, These Commitments are binding on Kite Greyhound, each subsequent owner of the Real Estate and each other person acquiring an interest in the Real Estate, and on Westfield One until the completion of the Path. Thereafter, these Commitments shall be binding on Westfield One and its successors and assigns in title of the Shopping Center, until and unless the Drive becomes a dedicated public street in the City of Westfield and the Path becomes a part of the public right -of -way of Drive. These Commitments may be modified or terminated only by affirmative decision of the Council and the recordation of any modification or termination in the Office of the Recorder of Hamilton County, Indiana. 5. Recording: The undersigned authorizes the Clerk Treasuer of the City of Carmel to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. 6. Enforcement: The Council and the Department of Community Services of the City of Carmel may enforce these Commitments. Kite Greyho 11, LLC By: R m MG oDWa h ted Signature) RfQ`dto God Title STATE OF INDIANA SS: COUNTY OF MARION Before me, a Notary Public, in and for said County and State, personally appeared brnnr.n� K �I and acknowledged execution of the foregoing Commitments for and on behalf of Kite Greyhound 11I, LLC. Witness my hand and Notarial Seal this day of 0-er 2009. STACEY D. TEETERS Notary Public, Sioie oS Indiana Madison County My commission Expires April 14, 2012 My Commission Expires: Residing in County Notary P lic 0 1-C-1 S Printed Na�m� 2 Westfield One C By: (Printed Signature) Title STATE OF INDIANA SS: COUNTY OF MARION Before me, a Notary Public, in and for said County and State, personally appeared ��s S M� and acknowledged execution of the foregoing Commitments for and on behalf of Westfield One, LLC. Witness my hand and Notarial Sea] this 0` 6 day of 2009. STACEY D. TEETERS Nota Pub Noiary Public, stale of lndlana Madison County My Commisslon Expires April 14, 2012C Printed Name My Commission Expires: Residing in County This instrument prepared by Paul G. Reis, Attorney -at -Law, KRIEG DEVAULT LLP, 12800 N. Meridian Street, Suite 300, Carmel, Indiana 46032. I hereby affirm, under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Paul G. Reis KD 2247249_1 DOC EXHIBIT A LEGAL DESCRIPTION Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the North Half of the Northwest Quarter of said Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on NAD83 State Plane Coordinates East Zone) along the North line of the said Northwest Quarter 783.77 feet; thence South 00 degrees 54 minutes 44 seconds East 75.46 feet to the South right of way line of 146th Street; thence along said South line, South 89 degrees 05 minutes 16 seconds West 137.13 feet to the Point of Beginning; thence South 00 degrees 10 minutes 51 seconds West 228.66 feet; thence North 89 degrees 51 minutes 53 seconds West 127.17 feet; thence South 45 degrees 09 minutes 29 seconds West 61.25 feet; thence South 00 degrees 10 minutes 51 West 234.84 feet; thence South 43 degrees 58 minutes 24 seconds West 83.82 feet; thence South 67 degrees 42 minutes 15 seconds West 44.37 feet; thence North 89 degrees 49 minutes 09 seconds West 10.00 feet to the East right of way line of Lowe's Way; thence along said East line, North 00 degrees 10 minutes 51 seconds East 579.06 feet to the South right of way line of 146th Street; thence along said South line, North 89 degrees 05 minutes 16 seconds East 279.51 feet; containing 2.291 acres more or less. 4 EXHIBIT B Commitments Concerning Rezoning of Real Estate 0� L in IMA IM F LU Af 1111 C001 CREEI�.SHOPPNt CENTER ENTRANCE DRKE cf Rivu1,; ev 'A it #i. 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