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HomeMy WebLinkAboutCommitments - OriginalLegal Description: See Exhibit "A" attached. Statement of COMMITMENTS: STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF IAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY PLAN APPROVAL In accordance with I.C. 36 -7 -4.613 or I.C. 36 -7 -4 -614, the owners of the real estate located in Hamilton County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of the Real Estate: 1. Lighting within the parking lots west of the buildings to be constructed upon the Real Estate "West Parking Lots shall be reduced by turning off the lights in the west two thirds (2/3) of the West Parking Lots (whether or not the West Parking Lots include real estate formerly comprising a part of Williams Creek Farms Subdivision) between the hours of 10:00 p.m. and 6:30 a.m. on weekdays (Monday through Friday) and 8:00 p.m. and 7:30 a.m. on Saturday and Sunday of each week "Restricted Hours 2. Any lighting which washes the west face of either of the buildings proposed to be constructed upon the Real Estate shall also be turned off during the Restricted Hours. This commitment shall not, however, restrict lighting under the porte cochere on the west side of either building, or any low -level (not exceeding three feet (3') in height) lighting located within landscaped areas adjacent to the west side of either Building or within the landscape islands alternatively placed at the east end of the parking rows in the West Parking Lots. 3. Any light poles in any part of the West Parking Lots formerly comprising a part of Williams Creek Farms Subdivision, shall not exceed fifteen feet (15') in height (measured for purposes hereof at the central point of each pole). 4. No free standing cellular towers or other similar free standing towers shall be permitted to be constructed anywhere upon the real estate. 5. Directory and building identification signage at each entrance to the West Parking Lots off of Illinois Street shall be limited to low-level ground mounted signs a maximum of five feet (5') in height which are either internally illuminated or illuminated by lighting fixtures which are completely shielded, such signs to be located within a landscaped area at least equal to the total sign surface area of each such sign and to otherwise comply with applicable Carmel -Clay Land Use Regulations. 6. All roof -top equipment shall be screened from view by a parapet wall or screen equal to or greater in height than equipment screened thereby. 7. Trash pickup from the Real Estate shall not occur before 7:30 a.m. or after 6:30 p.m. on any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday or Sunday. 1121143_1 1 8. No above ground structures or improvements shall be permitted within any part of the development which was formerly a part of Williams Creek Farms Subdivision, except light poles, low -level ground mounted directory and/or building identification signage otherwise permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities, electrical panel boxes not exceeding five (5) feet in height, and drop -off boxes for mail pick -up and deliveries. These COMMITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the adoption of rezoning Ordinance No. Z- 459 -04 by the Carmel Common Council changing the zoning classification of the Real Estate from a S -2 Residence District and B.3 Business District zoning classification to a B -6 Business District zoning classification, and shall continue in effect for as long as the above described Real Estate remains zoned to the B -6 Business District zoning classification or until such other time as may be specified herein. These COMMITMENTS may be enforced jointly or severally by: 1121143_1 1. The Carmel Plan Commission; 2. Owners of all parcels of ground adjoining the Real Estate to a depth of two (2) ownerships, but not exceeding six hundred -sixty (660) feet from the perimeter of the Real Estate; and, 3. No others. The undersigned hereby authorizes the City of Carmel, Department of Community Development, to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance No. Z- 459 -04. IN WITNESS WHEREOF, owners have executed this instrument this day of ,200_ STATE OF INDIANA COUNTY OF REGENCY REALTY By: 2