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HomeMy WebLinkAboutCommitments 9102729 COMMITMENT CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE In accordance with Indiana Code Section 36-7-4-613, American Aggregates, Corp. •(hereafter the "Owner" f the following described Real Estate located in Hamilton, therCounty, Indiana (hereafter the "Real Estate" following rambrigi COMMITMENT concerning the development of a ofthe Real Estateto the Carmel Plan Commission (Commission) and the City of Carmel, Indiana. 1 . Description of Real Estate - See Exhibits A-1, A-2, A-3 ( jointly the Real Estate) .-�s 2 . Docket No, - 69-90-Z 3 . Stat rn nt of „r,;; +menta - Owner commits as follows : a. That the real estate described on Exhibit A-1 hereto shall not be subdivided into more than 179 lots . b. That the real estate described on Exhibit A-2 • hereto shall not be subdivided into more than 96 lots . c. That the real estate described on Exhibit A-3 hereto shall not be subdivided into more than 269 lots . 4 . $in___ding on Successors and Assigns binding on the Owner of the Real Estate, ach subsequenttment owne is of the Real Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. This Commitment 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 . Ef _ective Date - The Commitment contained herein shall • be effective upon the adoption of an ordinance by the Carmel Cit ,� Council changing the zoning classification of the Real Estate y ' described as Exhibit A-1 from the S-1 Residence District Classification to the S-2 Residence District Classification and the real estate described on Exhibit A-3 from the S-1 Residenc District Classification to the R-2 Residence District e Classification. 6 . Recording - The undersigned hereby authorizes the Director of Community Development or the Secretary of the Carmel Plan Commission to record this Commitment in the Office of the Recorder of Hamilton County, Indiana upon the granting of the approvals referred to in paragraph 5 above. 7 . Enforcement - This Commitment may be enforced by the Carmel Plan Commission and the City of Carmel . Executed this ].Q_th day of October, 1990. AMERICAN AGGREGATES, CORP. —"\ - n 4 CityofCarmel Wesley G. Bucher etascrca•user. coMMUNrrY t,Evn.OPMErrr J Dorothy J.Hancock MAYOR June 14,1991 Jim Nelson Nelson & Frankenberger 302113. 98th Suite 220 Indianapolis, IN 46280 • Dear Jim:, After a review of the recorded commitments of the real estate owned by American Aggregates Corporation and recorded as Instrument Number 9102729, I would like to make official our determination that a change would only necessitate a return to the Plan Commission. Thank you for your inquiry. Sincerel , Nerle%_. Wesley G. Bucher • '' CIVIC SQUARE CARMEL,INDIANA 46032 317/571.2400 FAX 317/844.3498