HomeMy WebLinkAboutCommitments - RECORDED200300o17594
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER .J HAYDLN
OR-19-2003 02.2 pm,
MIVC 11.00
COMMITMENT CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with I.C. 36 -7 -4 -900 et seq., the undersigned, Old Meridian Investments,
L.P., the owner "Owner of the following described real estate located in the City of Carmel,
Hamilton County, Indiana, makes the following Commitment Concerning the Development and
Use of Real Estate "Commitment to the Carmel /Clay Board of Zoning Appeals "BZA
1. Description of Real Estate. The real estate affected by said Commitment is described as
Lot 1, Block 17, Carmel Science and Technology Park, an addition to the City of Carmel,
Indiana, as per the secondary plat thereof, dated April 1, 1999, and recorded June 9, 1999,
as Instrument 9934555, in the Office of the Recorder of Hamilton County, Indiana. "Real
Estate
2. Docke Nos. V- 145 -02 and V- 146 -02.
3. Statement of Commitment. Upon the request of the City Engineer of the City of Carmel,
the Owner, at its sole cost and expense, will remove the existing ground sign located at the
northwest corner of the Real Estate if such removal is reasonably necessary to permit the
construction of the improvements incident to the upgrade of Old Meridian Street (designated
as Project Nos. STP -IN50 (001) and STP -IN48 (032)). Should the Owner elect to replace the
sign following completion of the improvements; it may do so, but at its sole cost and
expense.
4. Binding on Successors Assigns: This Commitment is binding on the Owner, each
subsequent owner of the Real Estate and each other person acquiring an interest in the
Real Estate, unless modified or terminated by the BZA. This Commitment may be modified
or terminated only by a decision of the BZA made at a public hearing after notice has been
provided pursuant to the rules of the BZA.
5. Effective Date This commitment shall become effective upon the approval by the BZA
of the Developmental Standards Variance applications filed under Docket Nos. V- 145 -02
and V- 146 -02 and the recordation of this document in the Office of the Recorder of Hamilton
County, Indiana.
6. Recording: The undersigned authorizes the Secretary of the BZA or the Director of
the Department of Community Services "DOGS to record this commitment in the Office of
the Recorder of Hamilton County, Indiana.
7. Enforcement: The BZA and DOCS may enforce this Commitment.
Old Meridian Investments, L.P.
By:
Brian C. Pahud, President
Landmark Properties, Inc.,
Its General Partner
STATE OF INDIANA
SS:
COUNTY OF /V
Before me, a Notary Public, in and for said County and State, personally appeared Brian
C. Pahud, President of Landmark Properties, Inc., the General Partner of Old Meridian
Investments, L.P., and acknowledged execution of the foregoing Commitment for and on
behalf of said limited partnership.
Witness my hand and Notarial Seal this I day of February, 2003.
Notary Public
Printed Name
My Commission Expires: D 5' )0
Residing in
/36v 0 C
County
This instrument prepared by Paul G. Reis, Attorney -at -Law, Drewry Simmons Pitts
Vornehm, LLP, 8888 Keystone Crossing, Suite 1200, Indianapolis, Indiana, 46240.
G:Ireislaw\ Clients %G- L1Landmark11\Commitment BZA Approval.doc
N
S
DREWRY SIMMONS PITTS ORNEHM,LLP
A T T O R N E Y S
v
8888 Keystone Crossing, Suite 1200 Indianapolis, Indiana 46240 (317) 580 -4848 telephone (317) 580 -4855 facsimile www.drewrysimmons.com
AA- February 19, 2003
RECEIVED
1
Mr. Brian Pahud DOCS
Landmark Properties, Inc.
9333 North Meridian Street, Suite 350
Indianapolis, Indiana 46260
RE: Old Meridian Professional Center Sign, Carmel, Indiana
Our File Number: 3416.001
Dear Brian:
I have enclosed a file- stamped copy of the Commitment Concerning The Development
and Use of Real Estate for your file.
If you have any questions regarding these plans, please contact me at 580 -4848.
Very truly yours,
DREWRY SIMMONS PITTS VORNEHM, LLP
4a /G /Yvv°
Mark T. Monroe, AICP
Land Use Planner
Enclosure
cc: Mr. Laurence Lillig, Jr., City of Cannel DOCS (w /enclosure)