HomeMy WebLinkAboutCommitments COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
J.C. Hart Company, Inc. (the "Developer the contract purchaser of the real estate
located in Hamilton County, Indiana, and described in Exhibit A (the "Real Estate makes the
following commitments to the Carmel Advisory Plan Commission (the "Plan Commission
regarding the use and development of the following described real estate (the "Real Estate
located in Hamilton County, Indiana:
Section 1. Description of Real Estate:
Attached hereto and incorporated herein by reference as Exhibit A is the legal description
of the real estate (the "Real Estate
Section 2. Docket No.: 10060012 DPIADLS
Section 3. Statement of Commitments:
A. On September 21, 2010, the Plan Commission approved the Real Estate's
Development Plan Architectural Design, Exterior Lighting, Landscaping and
Signage (DP /ADLS), Docket No. 10060012 DP /ADLS (the "Development Plan
B. If the City of Carmel constructs 117 Street along the Real Estate's north property
line, then the Developer shall construct, at its cost, the entrance and sidewalk
connection to 117 Street at the locations shown on the Site Plan, attached hereto as
Exhibit B.
Section 4. Binding Effect
A. These commitments are binding upon the Developer, each subsequent owner of the
Real Estate and each other person acquiring an interest in the Real Estate, unless
modified or terminated.
B. These commitments may be modified or terminated only by a decision of the Carmel
Plan Commission following a public hearing held by the Plan Commission wherein
notice has been given as provided by the Plan Commission's rules.
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Section 5. Effective Date
The conunitments contained herein shall be effective upon the occurrence of all of the
following:
A. Approval of the Development Plan and ADLS by the Plan Commission of Carmel,
Indiana identified in Docket No. 10060012 DP /ADLS;
B. The acquisition of the Real Estate by the Developer or its successors and assign; and
C. The commencement of the development of the Real Estate pursuant to approvals
obtained under Docket No. 10060012 DP /ADLS.
Section 6. Recording
The undersigned hereby authorizes the City to record these commitments in the Office of
the Recorder of Hamilton County, Indiana.
Section 7. Enforcement
These commitments may be enforced by the Plan Commission.
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IN WITNESS WHEREOF, J.C. Hart Company, Inc., an Indiana corporation, has caused
this commitment to be executed as of the day of 2010.
J.C. Hart Company, Inc.
By:
John Hart, President
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared John Hart, of J.C. Hart Company, Inc., who having been duly sworn acknowledged the
execution of the foregoing Commitments.
Witness my hand and Notarial Seal this day of 2010.
My Commission Expires: Notary Public
Printed.
Residing in Hamilton County
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security Number in this document, unless required by law: Jesse M. Pohlman.
Prepared by: Steven D. Hardin, Attorney at Law, Baker Daniels, LLP
Jesse M. Pohlman, Land Use Consultant, Baker Daniels, LLP
600 East 96th Street, Suite 600, Indianapolis, IN 46240 (317) 569 -9600.
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EXHIBIT A
REAL ESTATE
A PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3
EAST OF THE SECOND PRINCIPAL MERIDIAN, HAMILTON COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER
OF SAID QUARTER; THENCE SOUTH 88 DEGREES 49 MINUTES 34 SECONDS WEST
(ASSUMED BEARING) ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 35, TOWNSHIP 18 NORTH, RANGE 3 EAST A DISTANCE OF 23.00 FEET; THENCE
NORTH 01 DEGREES 10 MINUTES 26 SECONDS WEST 100.00 FEET TO THE INTERSECTION
OF THE NORTH RIGHT -OF -WAY LINE OF 116th STREET AND THE EAST RIGHT -OF -WAY
LINE OF COLLEGE AVENUE, SAID POINT BEING A POINT OF NON TANGENTIAL
CURVATURE HAVING A RADIUS OF 707.65 FEET, THE RADIUS POINT OF WHICH BEARS
NORTH 88 DEGREES 49 MINUTES 34 SECONDS EAST; THENCE NORTHEASTERLY ALONG
SAID CURVE (AND EAST RIGHT -OF -WAY LINE OF COLLEGE AVENUE) AN ARC DISTANCE
OF 247.30 FEET, THE CHORD OF WHICH BEARS NORTH 08 DEGREES 50 MINUTES 15
SECONDS EAST A CHORD DISTANCE OF 246.04 FEET; THENCE NORTH 18 DEGREES 17
MINUTES 09 SECONDS EAST ALONG SAID EAST RIGHT -OF -WAY 44.55 FEET TO THE POINT
OF BEGINNING: THENCE CONTINUING NORTH 18 DEGREES 17 MINUTES 09 SECONDS EAST
ALONG SAID EAST RIGHT -OF -WAY 55.45 FEET; THENCE NORTH 18 DEGREES 51 MINUTES
31 SECONDS EAST ALONG SAID EAST RIGHT -OF -WAY 71.39 FEET TO A POINT OF
TANGENTIAL CURVATURE HAVING A RADIUS OF 162.00 FEET, THE RADIUS POINT OF
WHICH BEARS NORTH 71 DEGREES 08 MINUTES 29 SECONDS WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE AND EAST RIGHT -OF -WAY AN ARC DISTANCE OF
136.73 FEET, THE CHORD OF WHICH BEARS NORTH 05 DEGREES 19 MINUTES 13 SECONDS
WEST A CHORD DISTANCE OF 132.71 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 57
SECONDS WEST ALONG SAID RIGHT -OF -WAY 111.19 FEET; THENCE NORTH 89 DEGREES
09 MINUTES 48 SECONDS EAST 596.85 FEET; THENCE NORTH 00 DEGREES 22 MINUTES 52
SECONDS WEST 58.02 FEET; THENCE NORTH 89 DEGREES 09 MINUTES 48 SECONDS EAST
PARALLEL TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER SECTION 220.00 FEET;
THENCE SOUTH 00 DEGREES 22 MINUTES 52 SECONDS EAST 443.17 FEET; THENCE SOUTH
89 DEGREES 53 MINUTES 52 SECONDS WEST 515.73 FEET TO A POINT OF TANGENTIAL
CURVATURE HAVING A RADIUS OF 1500.00 FEET, THE RADIUS POINT OF WHICH BEARS
NORTH 00 DEGREES 06 MINUTES 08 SECONDS WEST; THENCE NORTHWESTERLY ALONG
SAID CURVE AN ARC DISTANCE OF 249.87 FEET, THE CHORD OF WHICH BEARS NORTH 85
DEGREES 19 MINUTES 48 SECONDS WEST A CHORD DISTANCE OF 249.58 FEET; THENCE
NORTH 80 DEGREES 33 MINUTES 29 SECONDS WEST 28.65 FEET TO THE POINT OF
BEGINNING, CONTAINING 6.95 ACRES, MORE OR LESS. SUBJECT TO ALL RIGHT -OF -WAYS,
EASEMENTS, AND OTHER RESTRICTIONS OF RECORD.
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