HomeMy WebLinkAboutCommitments - RevisedLegal Description of Real Estate: See Exhibit "A" attached.
Statement of COMMITMENTS:
REVISED STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A REZONING OF PROPERTY AND
DEVELOPMENT PLAN APPROVAL
In accordance with I.C. §36 -7 -4 -613 and I.C. §36 -7 -4 -615, Meridian Medical Partners One, LLC
and Meridian Medical Partners Two, LLC, the owners of the real estate located in Hamilton County,
Indiana, which is described below, (the "Real Estate make the following COMMITMENTS concerning
the use and development of the Real Estate. This Revised Statement of Commitments supplants and
replaces those Commitments made under Docket Number 04050053 DP /ADLS and Ordinance Z- 459 -04.
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. A building tenant ground identification sign at the north entrance to the West Parking Lots shall
be permitted but may not exceed eight (8) feet in height and no more than four (4) tenant panels. Any such
ground signs shall be 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 the applicable provisions of the Carmel -Clay Zoning
Ordinance.
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.
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, ground
mounted directory, building and/or building— tenant 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 approval of these revised
commitments by the Carmel Plan Commission, under docket number 08030037 CA, 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:
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 Services, to record
these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon final approval of
docket number 08030037 CA.
IN WITNESS WHEREOF, owners have executed this instrument this day of
2008
MERIDIAN MEDICAL PARTNERS ONE, LLC
By:
Printed Signature
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STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
My Commission Expires:
My County of Residence:
1136766
Title:
MERIDIAN MEDICAL PARTNERS TWO, LLC
By:
Title:
Printed Signature
Before me, a Notary Public in and for said County and State, personally appeared David
C. Campbell, by me known to be the Managing Agent of Meridian Medical Partners One, LLC,
and Meridian Medical Partners Two, LLC, who acknowledged the execution of the foregoing
"Revised Statement of Commitments" on behalf of said limited liability companies.
WITNESS my hand and Notarial Seal this day of 2012.
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Notary Public
(Printed Signature)
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in
l-Iamilton County, Indiana, described as follows:
Commencing at the Southeast corner of the East Half of the Northwest Quarter of Section 35,
Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 42 seconds West (assumed bearing)
on the East line of said Northwest Quarter 1968.00 feet; thence South 88 degrees 51 minutes 53 seconds West
parallel with the South line of said Northwest Quarter 916.93 feet Deed (924.34 feet measured) to the
Westerly right of way line of local service road #3 as per I.S.H.C. plans for Project No. STF -222 (9) dated
1973 for relocation of U.S. Highway #31 and the place of beginning of the real estate herein described; thence
South 88 degrees 51 minutes 53 seconds West parallel with said South line 403.21 feet to the West line of the
East Half of said Northwest Quarter; thence South 00 degrees 01 minutes 21 seconds East on said West line
327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said South line 402.97 feet to
the Westerly right of way line of the aforesaid service road; thence North 00 degrees 01 minutes 08 seconds
East on said right of way line 327.01 feet to the place of beginning, containing 3.025 acres, more or less.
and
EXHIBIT A
LEGAL DESCRIPTION OF REAL ESTATE
Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton
County, Indiana, described as follows:
Commencing at the Southeast corner of the Northwest Quarter of Section 35, Township 18 North, Range 3
East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on the South line of said
Northwest Quarter 1328.33 feet to the Southwest corner of the East Half of said Northwest Quarter, said
corner being collinear and equidistant between said Southeast corner and the Southwest corner of said
Northwest Quarter; thence North 00 degrees 01 minutes 09 seconds West 984.12 feet to the southeast corner
of Lot Numbered 12 as recorded in the Plat of Williams Creek Farms, Instrument Number 357, Plat Book 8,
pages 1 -3 in the Office of the Hamilton County Recorder also being the place of beginning of the real estate
herein described; thence continuing North 00 degrees 01 minutes 09 seconds West along the West line of said
Plat of Williams Creek Farms a distance of 749.00 feet to the northeast corner of Lot Numbered 10 in said Plat
of Williams Creek Farms; thence South 89 degrees 05 minutes 34 seconds West along the north line of said
Lot Numbered 10 a distance of 258.63 feet to a point on a non tangent curve to the left with a radius of 81 0.00
feet, radius point being South 76 degrees 59 minutes 18 seconds East from said point; thence southerly along
said curve a distance of 181.70 feet to a point being North 89 degrees 50 minutes 26 seconds West from said
radius point; thence South 00 degrees 09 minutes 34 seconds East a distance of 574.36 feet to a point on the
south line of said Lot Numbered 12; thence North 88 degrees 52 minutes 28 seconds East along said south
line of Lot Numbered 12 a distance of 281.33 feet to the place of beginning, containing 4.805 acres, more or
less and subject to rights -of -way and easements of record.
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