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HomeMy WebLinkAboutPacketF, 1E:AP CONDOMINIVMS AND EAS ED RESID IHNC ES 96TH STREET AND WESIIEELD BOULEVARD F C cloce2\-- 41-01 CA — c-o v vvw\-vvve_AA-t--- wveA/ILL vw-e4A4. GPI AT CARMEL 11,.P0 GIBRAT:I AR PROPER'llES, INC. CANNED a \ G 1 NIA L. COMMITMENTS CONCERNING nit USE AND DEVELOPMENT OF REAL ESTATE GIBRALTAR PROPER '1 l S, INC., (hereafter, "Owner "), the Contract Purchaser of the real estate located in Hamilton County, Indiana, and described in Exhibit "A" hereto (hereafter, "Real Estate"), makes the following Commitments to the Carmel Plan Commission (hereafter, "Commission "). 1. Pescriotion of Real Estate: 199909957849 Filed for Record in " HAMILTON COUNTY, INDIANA A. See Exhibit "A" (Legal Description) MARY L CLARK On 10 -04 -1999 At 10:00 as. MISC 23.00 B. See Exhibit `B" (Pictorial Description) 2. Docket No. 36-99Z 3. Statement of Commitments: COpy A. The Owner commits that the Real Estate shall be developed for multi - family residential use in compliance with the plans as filed with the Department of Community Services, and the site plan attached hereto as Exhibit "B" ( "Site Plan"), except for such changes and modifications required by the Department of Community services, the Technical Advisory Committee or other governmental reviewing agencies. B. The Owner further commits that the maximum number of dwelling units shall be 360. C. The Owner further commits that the buildings to be constructed on the Real Estate will be ofthe design and style represented on the drawings attached hereto as Exhibits "C", "D", and "E." D. The Owner further commits that the elevations of the buildings will include a combination of brick or cobblestone, and drivet, cedar siding or hardy plank siding. E. The Owner further commits that the areas designated on the Site Plan as Mond Trailhead shall be prescated for dedication to the Carmel - Clay Parks and Recreation Department without compensation. F. The Owner further commits that the area designated on the Site Plan as Neighborhood Park (3 acres ±) shall be presented for dedication to the Carmel - Clay Parks and Recreation Department without compensation (hereafter, "Dedication") If the Dedication is not accepted by the Carmel -Clay Parks and Recreation Department, the Owner will establish, and maintain at its expense, the Neighborhood Park for public use, including the pedestrian pathway providing access to the Neighborhood Park from the Monon Trail, subject to such rules and regulations adopted from time to time in the furtherance of public health, safety and welfare. The Owner sha 11 provide at its expense, playground and other equipment as recommended by the Carmel -Clay Parks and Recreation Department in an amount not to exceed Forty-Eight Thousand Dollars ($48,000.00). G. The Owner further commits that the off - street parking area Located nearest the Neighborhood Park will be reserved for park visitors and such restriction will be noticed by appropriate signage. H. The Owner further commits the Neighborhood Park will be completed prior to the issuance of an occupancy permit for the first building I. The Owner further commits that no buildings shall be constructed within the part of the Real Estate described as 150 feet by parallel lines North and East of the existing right of way of I-465. 4. Binding on Successors and Assigns. These Commitments are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These Commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by the rules of the Commission. 5. Effective Date. The Commitments contained herein chap be effective upon the adoption of an ordinance by the Common Council of Carmel, Indiana reclassifying the Real Estate from the S -2 Residence District Classification to the R-4 Residence District Classification. 6. Recording. The undersigned hereby authorizes the Secretary of the Commission to record these Commitments in the Office of the Recorder of Hamilton County, Tndi aria, following the Effective Date. 7. Enforcement. These Commitments may be rnforced by the Commission and the City of Carmel, Jndiana, 8. Prior Convnitments These Commitments replace and supersede the Commitments Concerning The Use and Development of Real Estate dated April 19, 1999 and filed with the Department of Community Services under Docket No. 36 -99Z. Executed this 255 day °P lay, GIBRALTAR PROPERTIES, INC. By: -2- Harry F. To d, General Counsel and Secretary STATE OF INDIANA ) SS: COUNTY OF HAMILTON BEFORE ME, a Notary Public in and for said County and State, personally appeared Harry F. Todd, the General Counsel and Secretary of Gibraltar Properties, Inc., who acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal this 27th day of May, 1999. My Commission Expires -7' ( c - ZOI,D Residing in County CONSENT OF OWNER The undersigned E. Davis Coots, the attorney in fact for Robert Fuller and Sandra Fuller, hereby consents to the forego Development of Real Estate. STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) fee simple owners of the Real Estate, The Use And E. Davis Coots: Attorney in Fact for Robert Fuller and Sandra Fuller Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared E. Davis Coots, and acknowledged the execution of the foregoing Consent of Owner. WITNESS my hand and Notarial Seal this-91 My Commission Expires: Residing in 14 county c of May, 1999. N Public :11_12133 Printed Name This Instrument Prepared By. James J. Nelson NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, Indiana, 46280 FALTne 3 ca ni NelamtGIxs1ts1C.®el oomasivaarst2 -3- Leza1 Description: The South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3 East, containing 80 acres (82.295 acres, measured), more or less, in Hamilton County, Indiana, excepting therefrom the following described real este: A part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3 at in Hamilton County, Indiana, described as follows: Beginning on the West boundary of State Road 431, North 00 degrees 19 minutes 25 seconds West (North 00 degrees 16 minutes 27 seconds West measured, assumed bearing) 363.30 feet (along the East line of said Quarter Section) and South 89 degrees 40 minutes 35 seconds West 35.00 feet (South 89 degrees 43 minutes 33 seconds West 46.50 feet, measured) from the Southeast corner of said Half- Quarter Section; thence South 00 degrees 19 minutes 25 seconds East 297.00 feet (South 00 degrees 24 minutes 05 seconds West 29732 feet, measured) along the West boundary of State Road 431; thence South 42 degrees 06 minutes 58 seconds West 43.893 feet (South 30 degrees 54 minutes 07 seconds West 43.65 feet, measured) along the West boundary of State Road 431; thence North 04 degrees 49 minutes 07 seconds East 330.75 feet (North 04 degrees 11 minutes 10 seconds Fast 335.67 feet, measured) to the point of beginning and containing 0.101 acre (0.076 acre, measured), more or less. Also except, a part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3 East, in Hamilton County, Indiana, described as follows: Beginning on the East boundary of the Monon Railroad, North 00 degrees 15 minutes 53 seconds West 278.69 feet (along the West line of said Half- Quarter Section) and North 89 degrees 44 minutes 05 seconds Fast 33.00 feet from the Southwest corner of said Half - Quarter Section; thence North 00 degrees 15 minutes 55 seconds West 41730 feet along the East boundary of the Monon Railroad; thence South 69 degrees 25 minutes 35 seconds East 464.72 feet; thence South 66 degrees 52 minutes 54 seconds East 450.44 feet; thence South 63 degrees 42 minutes 57 seconds East 452.24 feet; thence South 69 degrees 25 minutes 35 seconds East 430.34 feet (44269 feet, measured) to the North boundary of 96th Street; thence North 89 degrees 32 minutes 45 seconds West (North 89 degrees 26 minutes 54 seconds West, measured) 848.44 feet along the North boundary of 96th Street, thence North 72 degrees 12 minutes 08 seconds West 684.45 feet (North 72 degrees 16 minutes 02 seconds West 696.39 feet, measured); thelce North 69 degrees 25 minutes 35 seconds West 166.26 feet to the point of beginning and containing 10.637 acres (10.749 acres, measured), more or Less. The above described real estate contains a net acreage of 71.470 aces, more or Iess. NOTE: The aceage shown above is included for descicdve purposes only. The pviicies, when issued, should not be construed as to insuring the amount of aceage included therein. Detailed Description of the Modification of Commitments Requested In Docket No. 36 -99Z, development of the Property, respectfully requests that the modifications to two of those co the Owner made nine commitments regarding the see Exhibit "No. 1" attached hereto. The Owner Carmel Plan Commission approve the following mmitments. In Commitment 3(A) the Owner committed to develop the Property "in compliance with the plans as filed with the Department of Community Services, and the site plan attached hereto as Exhibit "B" ("Site of Plan"), the Technical modification required by the Departm ent Advisory Committee or other governmental reviewing agencies." The Owner seeks to revise the Preliminary Site Plan that it filed with the Department of Community Services partially due to permitted modifications required by governmental reviewing agencies and partially due to changes made by the Owner. A copy of the new Site Plan for which the Owner seeks the Commission's approval is attached hereto as Exhibit "No. 2". There are four categories of changes to the Preliminary Site Plan. The first modification to `the Preliminary Site Plan is a minor revision to the overall building layout on the Property. The building layout was changed because the Technical Advisory Committee recommended retaining the natural slope of the land along the northern border of the Property, rather than cutting into the hill and constructing a retaining wall. To accommodate this recommendation, the overall building layout was revised. The second change from the Preliminary Site Plan was the elimination of a walking trail around the lake. After the original commitments were made, the Owner conducted a wetland study of the Property. That report delineated the areas around the southern and northern edges of the lake as pre-emergent Indiana of Environmental e ana DepartmenT report with the Army Corps of Engineers and the Based on the characterization of those areas as wetlands, the Owner decided to eliminate the walking trail around the lake. es certain recreational The third change to the Preliminary elnni scourtsvon the western end of the facilities. The Preliminary Site Plan showed Property along the Monon Trail, a swimming pool located just north of the clubhouse and a pier extending from the rear of the clubhouse into the lake. After making those commitments, the Owner realized that in developing the project in phases, the tennis court would need to be relocated to the eastern end t end of the Property. lubhouse as opposed to that change, the Owner moved the pool to the north. After further consideration, the Owner decided to delete the pier from the Site Plan for liability reasons. The final revision to the Preliminary Site Plan is the inclusion of a maintenance building on the southern end of the Property. When the Owner prepared the Preliminary Site Plan, it overlooked the need for a separate maintenance building for this project. Accordingly, the Preliminary Site Plan does not even contain a maintenance building. When the Owner realized it needed a separate maintenance building, the development team had a small building designed, picked a location, applied for and received a building permit and began construction. The Owner has stopped construction of that building pending approval from the Plan Commission. The location that the Owner selected for the maintenance building is partially within the 150' no build zone committed to in Commitment 3(I). The 150' no build zone was originally proposed in reaction to the Hamilton County Highway Department's position that it wanted to extend 96th Street through the Property. After that commitment was made, the Highway Department agreed to accept additional right - of -way along the southern end of the Property Therefore, the 150' no to construct a not be bridge over I -465 to extend 96th needed for an extension of that street. The Owner would like to complete construction of the maintenance building where it is and requests approval to modify Commitment 3(I) to redefine the no build zone as shown on the new Site Plan.