HomeMy WebLinkAboutCommitments DRAFTConn, Angelina V
From:
Sent:
To:
Cc:
Subject:
Kristy
The Planning Zoning Dept requires 2 Paper Copies and 1 Electronic Copy in pdf format of the
Architectural Elevation Drawings.
Also, the plan commission approved this project on 1/5/2010 contingent upon Engineering Dept approval,
a pedestrian connection to Guilford Road, and the dumpster relocation.
And the BZA approved the use variance with these commitments:
http: /cocdocs.ci. carmel .in.us /Weblink /DocView.aspx ?id 418025 &dbid =0
Thanks!
Angie Conn, Planning Administrator
City of Carmel Planning Zoning D v.s o
Dept. of Community Services
1 Civic Square, 3rd Flr.
Carmel, IN 46032
0: 317-571-2417
F: 317 571 -2426
E: aconn @carmel.in.00v
W: www.carmel.in.aov /services /DOCS /DOCSDOPZ.htm
Please consider the environment before printing this e-mail
PF
if 09 11004D
Conn, Angelina V
Tuesday, July 20, 2010 10:22 AM
Weddington, Trudy A.; 'Kristy Estes'
Holmes, Christine B; Hollibaugh, Mike P; Akers, William P; Barnes, David R; 'Beard, Larry';
Blanchard, Jim E; Druley, Elizabeth A; Duffy, John M; Duncan, Gary R; Ellison, Christopher M;
Hagan, Judy; 'Hagan, Judy'; 'Hartman, Ryan'; 'Noyes, Greg'; 'Hunter, Shirley; Kempa, L °sa L;
Knott, Bruce; Littlejohn, David W; 'Lucas, David'; Maki, Sue; Mascari, John A; Mindham,
Daren; Redden, Nick; Thomas, John G; 'Thompson, Robert'
RE. PFM Plan Submittal Meeting
From: Weddington, Trudy A.
Sent: Friday, July 16, 2010 4:02 PM
To: Akers, William P; Barnes, David R; Beard, Larry; Blanchard, Jim E; Conn, Angelina V; Druley, Elizabeth A; Duffy, John
M; Duncan, Gary R; Ellison, Christopher M; Hagan, Judy; Hagan, Judy; Hartman, Ryan; Hoyes, Greg; Hunter, Shirley;
Kempa, Lisa L; Knott, Bruce; Littlejohn, David W; Lucas, David; Maki, Sue; Mascari, John A; Mindham, Daren; Redden,
Nick; Thomas, John G; Thompson, Robert; Weddington, Trudy A.
Cc: 'Kristy Estes'
Subject: FW: PFM Plan Submittal Meeting
Everyone,
I am so, so, so sorry. I forgot to copy Kristy Estes of T W on the initial message I sent. Going forward, please respond
to this message, instead with your comments.
Greg and Lisa am send ng K•'sty your responses momentarily, so that you will not have to do it again.
Thank you a
Trudy
From: Weddington, Trudy A.
Sent: Friday, July 16, 2010 2:37 PM
To: Akers, William P; Barnes, David R; 'Beard, Larry'; Blanchard, Jim E; Conn, Angelina V; Druley, Elizabeth A; Duffy,
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Cross Reference: Corporate Warranty Deed recorded on May 10, 2010 in the Office of the
Hamilton County Recorder, State of Indiana as Instrument No. 2010 020417.
COMMITMENTS
CONCERNING USE AND DEVELOPMENT OF REAL ESTATE
1441, LLC, an Indiana limited liability company "1441 and PFM Car Truck Care
Center "PFM collectively make the following commitments (the "Commitments to the
Board of Zoning Appeals ("BZA") for the City of Carmel, Indiana "City
Section 1. Cross Reference. These Commitments are made in connection with the approval
granted by the BZA on February 22, 2010, under Docket No. 09120011 UV (the "Approval
with respect to the real estate described in what is attached hereto and incorporated herein by
reference as Exhibit "A" (the "Property
Section 2. Definitions. The following definitions shall apply throughout these
Commitments.
D.
A. "Semis" shall mean and refer to over the road tractor(s) with a fifth wheel trailer
hitch or fifth wheel mounted trailer(s) or a combination of both.
B. "Additional Landscape Buffer Drawing" shall mean the drawing attached hereto
and incorporated herein by reference as Exhibit `B
Section 3. Commitment Concerning Use. The Commitments shall be applicable to the use
of the Property. MAU kIdaAAS C g3S T a'1 d
y
A. No repair of any Class 8 trucks, Semis or higher shall occur on the Property.
B. No collision repair of any vehicles shall occur on the Property.
All overhead garage doors shall be closed between the hours of 8:00 o'clo k p.m. to
8:00 o'clock a.m. C1,4 .00A A, ([s KU_
1441 and PFM agree to install as additional landscaping on the Property the
plantings shown on the Additional 1 andscape Buffer Drawing which is attached
hereto and incorporated herein by reference as Exhibit `B
Section 4 Recording of Commitments. The undersigned shall record these Commitments
with the Recorder of Hamilton County, Indiana.
Section 5. Enforcement and Effective Date. These Commitments may be enforced by the
City. These Commitments shall not be effective or enforceable until the commencement of the
construction and development of the Real Estate in accordance with the Approval.
Section 6. Binding on Successors. These Commitments are binding upon each owner of the
Property with respect to the portion of the Property owned by such owner and during the time of
such owner's ownership and (ii) upon each owner's successor, assign and grantee with respect
to the portion of the Property owned by such successor, assign and grantee and during such
successor's, assign's and grantee's ownership, unless modified or terminated by the BZA after a
public hearing wherein notice is provided by the rules of the BZA. The provisions of this
Section 6 notwithstanding, these Commitments shall terminate as to any part or parts of the
Property hereafter reclassified "Rezone on the City's official Zone Map.
IN WITNESS WHEREOF, 1441 and PFM have caused these Commitments to be
executed as of the date identified on the Notary below.
STATE OF INDIANA
COUNTY OF
My Commission Expires:
SS:
1441 LLC, an Indiana limited liability company
By:
John S. Neely, Managing Member
Before me, the undersigned, Notary Public in and for the said County and State,
personally appeared John S. Neely, Managing Member of 1441 LLC, an Indiana limited liability
company, who acknowledged execution of the foregoing Commitments and on behalf of such
entity.
Witness my hand and Notarial Seal this day of 2010.
Notary Public
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STATE OF INDIANA
COUNTY OF
My Commission Expires:
SS:
PFM Car Truck Care Center, an Indiana
corporation
By:
John S. Neely, President
Before me, the undersigned, Notary Public in and for the said County and State,
personally appeared John S. Neely, President of PFM Car Truck Care Center, an Indiana
corporation, who acknowledged execution of the foregoing Commitments and on behalf of such
entity.
Witness my hand and Notarial Seal this day of 2010.
Notary Public
Prepared by: James E. Shinaver, Nelson Frankenberger, 3105 E. 98 Street, Suite 170,
Indianapolis, IN 46280 (317) 844 -0106.
Pursuant to IC 36- 2- 11- 15(b)(c), 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
James E. Shinaver.
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EXHIBIT "A" LEGAL DESCRIPTION
Situated in the State of Indiana, Count of Hamilton and being a part of the Southwest Quarter of
Section 36, Township 18 North, Range 3 East of the Second Principal Meridian, more
particularly described to -wit:
Commencing at a 5/8 inch rebar marking the Northeast corner of the Wets half of the Southwest
quarter of Section 36, Township 18 North, Range 3 East; thence South 89 degrees 15 minutes 14
seconds West 66.00 feet with the North line of said West half quarter; thence South 00 degrees
10 minutes 31 seconds East 2046.57 feet to a mag nail and the true point of beginning of the real
estate herein described; thence North 89 degrees 22 minutes 51 seconds East 310.05 feet to a 5/8
inch rebar; thence South 62 degrees 26 minutes 57 second East 369.74 feet to a 5/8 inch rebar;
thence North 89 degrees 22 minutes 51 seconds East 92.14 feet to a 5/8 inch rebar on the East
line of the West half of the East half of said Southwest quarter; thence South 00 degrees 14
minutes 34 seconds East 328.16 feet with said East line to a 5/8 inch rebar marking the Northeast
corner of a 2.215 acre tract as described in Instrument Number 200500011156 in the Office of
the Recorder in Hamilton County, Indiana; thence with the northern Line of said 2.215 acre tract
South 89 degrees 38 minutes 37 seconds West 43.46 feet to a 5/8 inch rebar; thence South 68
degrees 48 minutes 29 seconds West 28.03 feet to a 5/8 inch rebar; thence South 89 degrees 21
minutes 50 seconds West 265.75 feet to a 5/8 inch rebar; thence North 17 degrees 59 minutes 24
seconds West 55.00 feet to a 5/8 inch rebar; thence South 89 degrees 21 minutes 50 seconds
295.28 feet to a 5/8 inch rebar; thence North 39 degrees 02 minutes 25 seconds West 14.97 to a
5/8 inch rebar; thence North 00 degrees 09 minutes 12 seconds West 360.89 feet to a 5/8 inch
rebar; thence South 89 degrees 50 minutes 48 seconds 73.13 feet to a mag nail; thence North 00
degrees 10 minutes 31 seconds West 86.83 feet to a point of beginning, containing 6.45 acres,
more or less.
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