HomeMy WebLinkAboutStatement of CommitmentsSTATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE PRIMARY APPROVAL OF A
DEVELOPMENT STANDARDS VARIANCE
In accordance with IC 36-7-4-1015, the owner of the real estate located in Hamilton County,
Indiana, which is described below, makes the following COMMITMENTS concerning the use and
development of that parcel of real estate:
Legal Description: See attached Exhibit "A"
Statement of COMMITMENTS:
1. No home built in the Copperleaf Subdivision will have zero brick on the front facade.
2. All homes, regardless of architectural style, shall comply with § 12(B) of Exhibit C to the Planned
Unit Development Ordinance for the Copperleaf Subdivision. In addition, the side or back of any
garage located in front of the portion of the facade that includes the front door shall have a masonry
wainscot.
3. Attached hereto as Exhibit `B" are all possible elevations that can be built on the Real Estate
(collectively, the "Elevations"). Homes built may utilize different colors and different masonry
matrials, but the amount of masonry shown shall not be less than that provided on each Elevation.
No new elevations shall be added until approved by the Director of the Department of Community
Services as being consistent with the intent of the Copperleaf PUD.
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5.
These COMMITMENTS shall be binding on the owner, 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 Carmel Hearing Officer or Carmel Board of Zoning Appeals
made at a public hearing after proper notice has been given.
COMMITMENTS contained in this instrument shall be effective upon:
(a) The final approval, and recording in the office of the Recorder of Hamilton County,
Indiana, of the plat approved by the Hearing Officer of the Carmel Board of Zoning
Appeals under petition # ;
and shall continue in effect for as long as may be specified herein.
These COMMITMENTS may be enforced jointly or severally by:
1. The Carmel Board of Zoning Appeals, the Carmel Department of Community Services or
any other applicable Department or agency of the City of Carmel, Indiana; or
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
all owners of real estate within the area included in the petition who were not petitioners
for the plat or vacation approval. Notwithstanding adjacent property owners, Owners of
real estate entirely located outside Hamilton County are not included, however. The
identity of owners shall be determined from the records in the offices of the various
Township Assessors of Hamilton County which list the current owners of record. (This
paragraph defines the category of persons entitled to receive personal notice of the plat or
vacation approval under the rules in force at the time the commitment was made).
The undersigned hereby authorizes the Hearing Officer of the Carmel Board of Zoning Appeals
to record this Commitment in the office of the Recorder of Hamilton County, Indiana, upon final
approval of the development standards variance petition #
IN WITNESS WHEREOF, owner has executed this instrument this day of
December, 2019.
PULTE HOMES OF INDIANA, LLC, an Indiana
limited liability company
By:_
Name:
Title:
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared
, the of Pulte Homes of Indiana, LLC, the owner
of the real estate who acknowledged the execution of the foregoing instrument and who,
having been duly sworn, stated that any representations therein contained are true.
Witness my hand and Notarial Seal this
day of December 20 19
Notary Public
Printed Name of Notary Public
My Commission expires:
My County of residence:
I affirm under the penalties for perjury, that I have taken reasonable care to redact each social
security number in this document unless required by law. — Devin D. Brown, Esq.
This instrument was prepared by Devin D. Brown, Attorney at Law, Ice Miller LLP, One
American Square, Suite 2900, Indianapolis, Indiana 46282; Telephone: (317) 236-5925.