HomeMy WebLinkAboutCommitments RECORDEDReference: Instrument No.
Commitments Concerning the Use
and Development of Real Estate
2013031595 MISC $19.00
05/22/2013 11:16:44A 4 P65
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
I III II I; IIII III III II IIIII III I Iilli II III IIII IIIILIIIIIIIIIIJIII ilk
WHEREAS McDonald's Corporation, a Delaware corporation ( "Owner ") is the owner
of that certain real estate located at 750 E. Carmel Drive, Hamilton County, City of Camel,
Indiana, as further described on Exhibit A attached hereto (the "Property ").
WHEREAS Owner has filed an application with the Cannel Board of Zoning Appeals
(the "BZA ") for approval of a Variance of Development Standards, which has been docketed as
Docket No. 13040017 V, which seeks to reduce a requirement to dedicate additional right -of-
way along E. Carmel Drive (the "Variance Petition ").
WHEREAS Owner, pursuant to IC 36- 7- 4- 1015(a), desires to make the following
Commitment in furtherance of its efforts to obtain approval of the Variance Petition.
NOW, THEREFORE, in consideration of the forgoing, Owner does hereby
Commitment as follows:
1. Owner shall grant, dedicate and convey to the City of Carmel (the "City ") a strip
of real estate ten feet (10') in width along the entire frontage of the Property located along and
adjacent to the existing right -of -way for E. Carmel Drive (the "Strip "), which will result in a total
of fifty feet (50') of right -of -way north of the current center line of E. Carmel Drive, within thirty
(30) days of the satisfaction of all of the following:
a. The City provides plans to Owner of a street project that will require the use of
the Strip along with reasonable evidence that such project has been funded,
b. The City provides either (i) a letter from its Director of Community Services or
the zoning administrator that accurately indicates that dedication of the Strip to the City shall not
result in a violation or noncompliance with the Carmel Zoning Ordinance then in effect as
applied to the remaining portion of the Property and all improvements thereon, or (ii) approval of
all necessary variances from the BZA, at the sole cost of the Carmel Department of Community
Services, such that after dedication of the Strip to the City the Property and all improvements
thereon are in compliance with the Carmel Zoning Ordinance then in effect, and
c. An encroachment permit from the Carmel Department of Public Works or its
successor department responsible for the administration of City right -of -way that will allow the
existing monument sign, landscaping and light pole to remain in place within the Strip.
This COMMITMENT shall be binding on the Owner, subsequent owners of the Property
and other persons acquiring an interest therein. This COMMITMENT may be modified or
terminated by a decision of the BZA or its Hearing Officer made at a public hearing after proper
notice has been given.
I/3232908.1
The COMMITMENT may be enforced jointly or severally by:
1. The Carmel Department of Community Services, or its successor agency or department;
2. The BZA; and
3. The Carmel Department of Public Works, or its successor agency or department.
2013.
IN WITNESS WHEREOF, owner has executed this instrument this 2- 0 day of May,
McDONALD'S CORPORATION
By:
Printed Name: Jacob Steinfink
Title: Senior Counsel
STATE OF ILLINOIS )
) SS:
COUNTY OF DUPAGE )
Before me, a Notary Public in and for said County and State, personally
appeared Jacob Steinfink , the Senior Counsel of McDonald's
Corporation, a Delaware corporation, who acknowledged the execution of the foregoing
instrument for and on behalf of said corporation.
Witness my hand and Notarial Seal this loth day of May , 2013.
My Commission Expires:
2/24/16
County of Residence:
DUPAGE
Signature
Printed Michele M. Lechtenberg
This instrument was prepared by and after recording should be returned to Timothy E. Ochs,
Attorney at Law, Ice Miller LLP, One American Square, Suite 2900, Indianapolis, IN 46282,
(317) 236 -5952.
I affiuii, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. Timothy E. Ochs
EXHIBIT "A"
Part of the South Half of Section 31, Township 18 North, Range 4 East, Hamilton County,
Indiana, described as follows:
Commencing at the Southwest corner of said Half Section; running thence North 01 degree 04
minutes 45 seconds West (assumed bearing) and along the West line of said Half Section
1752.85 feet; (the next 5 courses being along the center line of Carmel Drive) running thence
North 89 degrees 55 minutes East 600 feet to the P.C. of a curve to the left, said curve having
a delta of 20 degrees 00 minutes and a radius of 1145.92 feet; thence in a Northeasterly
direction along said curve 400 feet to the P.T. thereof; thence North 69 degrees 55 minutes
East 238.51 feet to the P.C. of a curve to the right, said curve having a delta of 20 degrees 00
minutes and a radius of 1145.92 feet; thence in a Northeasterly direction along said curve 400
feet to the P.T. thereof; thence North 89 degrees 55 minutes 00 seconds East a distance of
1750.85 feet to the Point of Beginning, said point being the intersection of the center lines of
Carmel Drive and Keystone Way; running thence North 0 degrees 05 minutes West and along
the center line of Keystone Way 301.35 feet; thence North 89 degrees 55 minutes East 273.60
feet to the Westerly line of Keystone Avenue; thence South 5 degrees 20 minutes 25 seconds
West and along the said right of way line 175.00 feet; thence South 49 degrees 32 minutes
35 seconds West and along said right of way line 134.53 feet; thence South 0 degrees 05
minutes East 40 feet to the center line of Carmel Drive; thence South 89 degrees 55 minutes
West and along the center line of Carmel Drive 154.57 feet to the point of beginning.
Property
Address:
750 East Carmel Dr, Carmel, IN 46032