HomeMy WebLinkAboutCommitments RECORDED C py
2009067851 MSC $20.00
11/23/2009 01:1/:11P 5 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
COMMITMENTS CONCERNING THE REZONING
OF REAL ESTATE
The undersigned, Kite Greyhound III, 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. Binding 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 Ogee 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 II, LI.,C
By:
MGI�DtNQ�t
(Printed Signature)
Do
Title
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public, in and for said County and State, personally appeared
Ica,(} and acknowledged execution of the foregoing Commitments for
and on behalf of Kite Greyhound III, LLC,
Witness my hand and Notarial Seal this 9" day of ap.\ 2009.
,riff-$ r, STACEY D TEETERS C Liza
Nvkary PuGUc, 51cie of indka11a
Notary P ∎bhc
Madison County ry
My Commission Expkes
April 14, 2012
s Ill _.k..1,
Printed Narn
My Commission Expires:
Residing in County
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Westfield One LC
By:
(Printed Signature)
pt t Coo
Title
STATE OF INDIANA
)SS:
COUNTY OF MARION
Before me, a Notary Public, in and for said County and State, personally appeared
\hn, and acknowledged execution of the foregoing Commitments for
and on behalf of Westfield One, LLC.
Witness my hand and Notarial Seal this 4 1/41 4° day of _r„,,,{r ,r 2009.
r
A
fi TEETERS Notary STACEY D. r C1 Ptl bl
1 x' Notary Public. State of Indiana
r
Madison County
kiii7 i j My Commisslan Expires
APti! 14, 2412 C. -d
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_I DOC
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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:
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