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HomeMy WebLinkAboutCommitments RECORDED 12/18/00 14:50 $317 843 5429 HAMILTON TITLE U002/006 UL i90000 36994 Filed for Record in HAMILTON COUNTY, INDIANA O MARY L CLARK hOn 2. 7 -2OOh At O 6 pn 1 5 7-22 RZCF, COMMITMENTS CONCERNING THE DEVELOPMENT uce 20 2 0 AND USE OF REAL ESTATE D°C In accordance with Section 31.6.5 of the Carmel/Clay Zoning Ordinance, the undersigned, Kite Greyhound, LLC "Developer the contract purchaser, and Bayview Development,› Company, Inc., the owner (the "Owner of the following described real estate located in Clay Township, Hamilton County, Indiana, make the following Commitments Concerning the Development and Use of Real Estate "Commitments to the Carmel /Clay Plan Commission "Commission 1. Description of Real Estate. See Exhibit A (the "Real Estate 2. Docket No. 98 -99 Z. 3. Statement of Commitments. A. The Developer commits to constructing screening and landscaping along a portion of the eastern property line of the Real Estate in accordance with the plans on file with the City of Carmel, Indiana Department of Community Services "DOCS B. When built, the proposed two (2) buildings will be constructed in substantial compliance with the plans on file with DOCS. C. The Owners and Developer commit to dedicate land necessary for the Keystone Avenue on ramp and off ramp system in accordance with plans and specifications approved by the Indiana Department of Transportation, the Developer, and the Owners. D. Deliveries for the buildings on the Real Estate shall be made only between 8:00 a.m. and 8:00 p.m. E. The landscaping to be installed on the Real Estate will be installed in two (2) phases as indicated on the landscape plan on file with the Department of Community Services consistent with the construction of the buildings. 12/18/00 14:50 $317 843 5429 HAMILTON TITLE Z003/006 1 COMMITMENTS CONCERNING DEVELOPMENT AND USE OF REAL ESTATE KITE GREYHOUND, LLC Page 2 4. Binding on Successors Assigns: These Commitments are binding on the Owners and Developer, 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 terminated only by a decision of the Commission made at a public hearing after notice has been provided pursuant to the rules of the Commission. The foregoing notwithstanding, these Commitments shall terminate as to the Real Estate upon the adoption of an Ordinance changing the zoning classification from the current Planned Unit Development District. 5. Effective Date: These commitments shall become effective upon the approval by the Common Council of the City of Carmel, Indiana of the Planned Unit Development Ordinance filed under Docket No. 98 -99Z and the recordation of this document in the Office of the Recorder of Hamilton County, Indiana. 6_ Recording: The undersigned authorize the Secretary of the Commission or the Director of the DOCS to record these commitments in the Office of the Recorder of Hamilton County, Indiana. 7. Enforcement: The Commission and DOCS may enforce these Commitments. Kite Greyhound, LLC By: Paul W. Kite, President STATE OF INDIANA SS: COUNTY" OF HAMILTON Before me, a Notary Public, in and for said County and State, personally appeared Paul W. Kite, President of Kite Greyhound, LLC, and acknowledged execution of the foregoing Commitments. Witness my hand and Notarial Seal this 2 day of --71-t. 2000. Notary Public 0 I l i My Commission Expires: at David L Walsh k Comm. Exp. 1- 11.2008 Res. of Marlon Co, Residing in County Printed Name 12/18/00 14:50 $317 843 5429 HAMILTON TITLE 0004/006 COMMITMENTS CONCERNING DEVELOPMENT AND USE OF REAL ESTATE KITE GREYHOUND, LLC Page 3 Bayview Development Company, Inc. By: L1-1- D Wtsten 1) Scswe,v,V.cr! Printed Signature Title STATE OF C /QA SS: COUNTY OF D /146 Before me, a Notary Public, in and for said County and State, personally appeared l4.)Er5L V 1). 5CoVst -V it of Bayview Development Company, Inc. and acknowledged execution of the foregoing Commitments. Witness my hand and Notarial Seal this 2Y day of G g./La 2000. ary Public XO Juno M. Comps My Commission Expires: y MY COMMISSION N CG617680 D0'IR6 .ri M 30, 'y 9ONOEOTH N IN RU TROY FAIN Ik4URANCp, INC. Residing in l�QL. &R County t�J/1/g"/ij CD/271,5 Printed Name /fi e s i i iv u /'t" c ,rnUI 6 Piih 62e.. i S i}'t r'"cl___ 12/18/00 14:51 $317 843 5429 HAMILTON TITLE 0 005/006 1 Exhibit A Parcel #1 (Bayview Parcel) o nn Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 Eat o in Hamilton County, Indiana, more particularly described as follows: cn fns 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) 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet to the Point of Beginning which lies on the South right of way line of 146 Street; thence South 89 degrees 05 minutes 16 seconds West along said right of way line 1080.36 feet to the Easterly permanent right of way line for State Highway Number 431 per plans for Project S- 165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61 -626 (the next three courses are along said right of way); 1) thence South 71 degrees 30 minutes 59 seconds West 24.82 feet to the point of curvature of a non tangent curve whose radius point bears North 78 degrees 22 minutes 03 seconds East 5624.60 feet from the point of curvature; 2) thence Southeasterly along said curve an arc distance of 1191.73 feet to a point which bears South 66 degrees 13 minutes 40 seconds West 5624.60 feet from the radius point and being subtended by a long chord having a bearing of South 17 degrees 42 minutes 08 seconds East and a distance of 1189.50 feet; 3) thence South 46 degrees 28 minutes 09 seconds East 42.36 feet (43.22 feet deed) to the South line of said North Half; thence North 89 degrees 15 minutes 32 seconds East along the South line of said North Half 375.42 feet to the Southwest comer of Danbury Estates, Section I, as per plat thereof, recorded as Instrument No. 9429324 in Plat Cabinet No. 1, Slide No. 435 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 45 minutes 53 seconds West along the West line of said Danbury Estates 381.42 feet (381.70 feet plat) to the Northwest corner of Lot 29 in said Danbury Estates; thence North 89 degrees 14 minutes 07 seconds East along the North Line of Lots 29 through 33 in said Danbury Estates 329.26 feet; thence North 00 degrees 10 minutes 51 seconds East 868.00 feet to the point of beginning, containing 24.049 acres, more or less. 12/18/00 14:51 $`317 843 5429 HAMILTON TITLE R1006/006 Parcel it e� (Fenstermaker Parcel) r iii P Part of the South Half of the Northwest Quarter of Section 19, Township 18 North, Range Easts j in Hamilton County, Indiana, more particularly described as follows: c c`'a Commencing at the Northwest corner of the South Half of the said Northwest Quarter, which lies_ F South 00 degrees 09 minutes 32 seconds East (bearings based on NAD83 State Plane Coordinates;) l East Zone) 1320.84 feet from the Northwest corner of the said Northwest Quarter Section; thence North 89 degrees 15 minutes 32 seconds East along the North line of the said South Half 609.82 feet to a point on the Easterly limited access right of way line for State Highway Number 431 per plans for Project S -165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit Court Cause No 61 -668, said point lies on a non tangent curve having a radius of 5671.60 feet, the radius point of which bears North 66 degrees 08 minutes 54 seconds East (the next six courses are along said right of way); 1) thence Southeasterly along said curve an arc distance of 102.38 feet (101.7 feet deed) to a point which bears South 65 degrees 06minutes 51 seconds West from said radius point and being subtended by a long chord having a bearing of South 24 degrees 22 minutes 03 seconds East and a length of 102.38 feet (101.7 feet deed); 2) thence South 24 degrees 51 minutes 15 seconds East 297.30 feet; 3) thence South 34 degrees 44 minutes 15 seconds East 258.40 feet to a curve having a radius 5654.60 feet, the radius point of which bears North 59 degrees 30 minutes 47 seconds East; 4) thence Southeasterly along said curve an are distance of 197.40 feet to a point which bears South 57 degrees 30 minutes 46 seconds West from said radius point and being subtended by a long chord having a bearing of South 31 degrees 29 minutes 15 seconds East and a length of 197.40 feet; 5) thence South 34 degrees 56 minutes 15 seconds East 286.10 feet to a curve having a radius of 5649.60 feet, the radius point of which bears North 54 degrees 36 minutes 46 seconds East; 6) thence Southeasterly along said curve an arc distance of 302.76 feet to a point which bears South 51 degrees 32 minutes 32 seconds West from said radius point and being subtended by a long chord having a bearing of South 36 degrees 55 minutes 21 seconds East and a length of 302.73 feet; thence North 00 degrees 10 minutes 51 seconds East 1230.19 feet to the North line of said South Half; thence South 89 degrees 15 minutes 32 seconds West along the said North line 767.19 feet to the point of beginning, containing 11.828 acres, more or less.