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HomeMy WebLinkAboutCommitments - Red-lineCOMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL EST?IE MADE IN CONNECTION WITH A REZONING OF PROPERTY AND DEVELOPMENT PLAN APPROVAL lhaP I it In accordance with I.C. §36 -7 -4 -613 and I.C. §36 -7 -4 -615, Mer Carmel Buildin: A Medical Partners OncFacility, LLC and Mer Carmel Building B Medical 13s TwoFacility, 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 2nd Revised Statement of Commitments supplants and replaces those Commitments made under Docket Number 04050053 DP /ADLS and Ordinance Z- 459 -04 as revised and restated under Docket Number 08030037 CA. Legal Description of Real Estate: See Exhibit "A" attached. Statement of COMMITMENTS: 2°d REVISED STATEMENT OF COMMITMENTS RFCr_ -IVeD 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-0 height. A building- tenant ground identification sign shall be permitted at the north entrance to the West Parking Lots and a building tenant ground identification sign shall be permitted but may notat the south entrance to the West Parking Lots. Both signs shall not individually exceed eight (8) feet in height and i eshall not individually have more than €eureight (48) tenant panels. Any suchAll 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 Cannel 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 2nd 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. ISignatures on Following page. I 2 The undersigned hereby authorizes the City of Carmel, Depat liuent of Community Services, to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon final approval of docket number 0800037 CA. IN WITNESS WHEREOF, owners have executed this instrument this day of 20082012. STATE OF I�FLORIDA )SS: COUNTY OF HAMILTONPALM BEACH MERIDIANHCRI CARMEL BUILDING A MEDICAL PARTNERS ONEFACILITY, LLC By: Title: Printed Signature MERIDIANHCRI CARMEL BUILDING B MEDICAL PARTNERS TWOFACILITY, 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 Senior Vice President of HCRI Carmel Building A Medical Partners OneFacility, LLC, and M,HCRI Carmel Building B Medical Partners TwoFacility, LLC, who acknowledged the execution of the foregoing "22"d Revised Statement of Commitments" on behalf of said limited liability companies. 3 WITNESS my hand and Notarial Seal this day of 2012. Notary Public (Printed Signature) My Commission Expires: My County of Residence: 1136766v2 4 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 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 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 5 4.805 acres, more or less and subject to rights -of -way and easements of record.