HomeMy WebLinkAboutCommitmentsCOMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
AMERICAN VILLAGE PROPERTIES, LLC, (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 ").
toce -JI
1. Description of Real Estate:
A. See Exhibit "A" (Legal Description)
B. See Exhibit "B" (Pictorial Description)
2. Docket No. 184 -00 Z
3. Statements of Commitments:
A. The Owner commits that the Real Estate shall be developed for commercial
and multi - family residential use in compliance with the plans filed with the
Department of Community Services, and the site plan attached hereto as
Exhibit `B" ( "Site Plan "). The Department of Community Services will be
notified of any changes or modifications required by any other governmental
reviewing agency having applicable jurisdiction or by any building code or
other applicable law, ordinance or regulation and, will be given the
opportunity for review and determination of an appropriate reasonable course
of action, as applicable.
B. Subject to waiver of subdivision requirements, the Owner further commits to
no vehicular connection to the existing road stub called Monitor Lane along
the southern boundary of the Real Estate.
C. The Owner further commits that the maximum square ,footage of commercial
space shall be 125,000 square feet and the number of dwelling units shall be
no greater than 290.
D. The Owner further commits that the residential and mixed -use buildings to be
constructed on the Real Estate will be of the design and architectural style
represented on the drawings attached hereto as Exhibits "C ", "D ", "E ", "F,"
"G" and "H ".
E. The Owner further commits that the elevations of the buildings as depicted in
exhibits referenced in Paragraph "D" will include a combination of brick,
drivet, and HardiPlank, CemPlank or comparable products purchased from
Certainteed or Ashland -Davis and meet standards set out in the U.S. 421
Michigan Road Corridor Overlay Zone Ordinance ( "Overlay Ordinance "),
paragraph 23C.9(k).
F. The Owner further commits to substantially all brick for the elevations which
face the existing single family residences along the eastern and southern
boundaries of the Real Estate as shown on the Site Plan and seen on the two -
story elevation shown in Exhibit H, except for offsets and recessed portions of
said buildings.
G. The Owner further commits that no buildings shall be constructed any closer
to the Real Estate's eastern and southern boundaries than as shown on the Site
Plan, which are in excess of development standards set out in Carmel's R -5
Residential District and the Overlay Ordinance.
H. The Owner further commits to an earthen landscape berm eight feet in height
in the location shown on the Site Plan ( "Landscape Berm ") to be installed
using approved soil and water conservation methods prior to or concurrently
with the grading of the Real Estate.
I. The Owner further commits to construct the base of the Landscape Berm no
closer than four feet to the southern boundary line of the Real Estate.
J. The Owner further commits to meet the Commission's Bufferyard Design
Standards C or D where each is appropriate, including, installing a minimum
of 110 evergreens along the southern boundary of the Real Estate on the
southern slope of the Landscape Berm as shown on Exhibit "I" ( "Landscape
Bufferyard Plan ").
K. The Owner further commits to the evergreens referenced in Paragraph J being
at least eight feet in height at installation.
L. The Owner further commits to use reasonable efforts to work with abutting
landowners and the Director of the Department of Community Services or his
or her designee to cluster said evergreens in locations at their request.
M. The Owner further commits to install a continuous, six -foot solid, visual
buffer or screen atop the full length of the Landscaping Berm connecting it to
the existing six -foot shadow -box privacy fence at the westernmost common
boundary of the Real Estate and the Westons Subdivision, except said newly
installed buffer or screen shall have staggered or offset openings as necessary
and directed by the Director of the Department of Community Services or his
or her designee to allow access of maintenance equipment. Said buffer or
screen shall not be a chain link fence or consist of additional mounding in
addition to the Landscape Berm.
N. The Owner further commits to maintain the buffer or screen and associated
mounding, referenced in Paragraph M, to commercially acceptable standards
and to incorporate this commitment into any further covenants and restrictions
associated with the Real Estate.
O. The Owner further commits to preparing a Tree Preservation Plan. This Plan
shall be submitted with the Development Plan showing tree- protected zones,
and will include fencing and signage identifying such area as a "Tree
Preservation Zone ". This fencing and signage shall be installed prior to
commencing land disturbance.
P. The Owner further commits to begin constructing and installing the items
described in Paragraphs J (evergreens) and M (buffer or screen) promptly
upon completion of the Landscape Berm, or as soon as reasonably practicable
once weather permits
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 maybe modified or terminated from time -to -time
only by a decision of the Commission made after notice and a public hearing as
provided by the rules of the Commission.
5. Effective Date. The Commitments contained herein shall be effective upon the final
adoption and passage into law of an ordinance by the Common Council of Carmel,
Indiana reclassifying the Real Estate from the S -1 Residence District Classification
to the R -5 Residence District Classification and shall remain in effect so long as said
ordinance remains in effect.
6. Recording. The undersigned hereby authorizes the Secretary of the Commission to
record these Commitments in the Office of the Recorder of the Hamilton County,
Indiana, following the Effective Date.
7. Enforcement. These Commitments are enforceable by the Commission and the City
of Carmel, Indiana.
Executed this day of March, 2001.
STATE OF INDIANA
) SS:
COUNTY OF MARION
AMERICAN VILLAGE PROPERTIES, LLC
By:
Michael R. Speedy
Managing Member
Subscribed and sworn to before me, a Notary Public, in and for said County and State,
personally appeared, Michael R. Speedy, the Managing Member of American Village Properties,
LLC, who acknowledged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal this day of March, 2001.
My Commission Expires
Residing in County
-3-
Notary Public, State of Indiana
Printed
CONSENT OF OWNER:
The undersigned, Lawson Clark, the attorney in fact for the fee simple owners of the Real
Estate, Donald Ford and Carolyn Pennington, hereby consents to the foregoing Commitment
Concerning The Use And Development of Real Estate.
STATE OF INDIANA
COUNTY OF MARION
Lawson Clark: Attorney in Fact for
Donald Ford and Carolyn Pennington
)
) SS:
)
Subscribed and sworn to before me, a Notary Public, in and for said County and State,
personally appeared, Lawson Clark and acknowledged the execution of the foregoing Consent
of Owner.
WITNESS my hand and Notarial Seal this day of March, 2001.
My Commission Expires
Notary Public, State of Indiana
Residing in County
This Instrument Prepared by:
Printed
William Bock, III
KROGER, GARDIS & REGAS, LLP
111 Monument Circle, Suite 900
Indianapolis, IN 46204
EXHIBIT A
A part of the Southwest Quarter of Section 6, Township 17 North, Range 3 East in
Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section; thence South 89 degrees 56
minutes 26 seconds West along the North line thereof 20.00 feet to the Northwest corner
of Park At Weston Place, Section Three, recorded as Instrument No. 9736778 in Plat
Cabinet 2, Slide No. 18 in the Office of the Recorder of Hamilton County, Indiana, said
point also being the POINT OF BEGINNING of this description; thence South 89
degrees 56 minutes 26 seconds West along said North line 2238.25 feet to a point on the
centerline of U.S. Highway No, 421 (Michigan Road); thence South 15 degrees 04
minutes 16 seconds East along said centerline 757.39 feet; thence South 89 degrees 49
minutes 00 seconds East along the North line of The Village At Weston Place, Section
Two, recorded as Instrument No. 9626949 in Plat Cabinet 1, Slide No. 686 in the Office
of the Recorder of Hamilton County, Indiana, and a westerly extension thereof 1319.37
feet; thence North 00 degrees 48 minutes 27 seconds East along a northern boundary line
thereof 74.91 feet; thence South 89 degrees 49 minutes 00 seconds East along a North
line of said plat and along the North line of Park At Weston Place, Section Two, recorded
as Instrument No. 9645748 in Plat Cabinet 1, Slide No. 733 in the Office of the Recorder
of Hamilton County, Indiana, 711.52 feet to the Southwest corner of aforesaid Park At
Weston Place, Section Three; thence North 00 degrees 48 minutes 27 seconds East along
the West line thereof 665.32 feet to the place of beginning, containing 34.825 acres, more
or less.
S/37963- 34Aaas/Legal
,August 10, 2000