HomeMy WebLinkAboutDeclaration of Commitments - bufferyard on east adjoiner_DRAFT 05-26-20
KD_10830160_2.docx
DECLARATION OF COMMITMENTS
FOR BUFFER YARD LANDSCAPING PROXIMATE TO
4305-4317 EAST 146TH STREET
This Declaration of Commitments (hereafter Declaration) is made on the ____ day of
__________, 2020, by Salsbery Brothers Landscaping, Inc., an Indiana corporation (hereafter
Declarant).
WITNESSETH:
WHEREAS, Declarant is the owner of the real estate more particularly described on what
is attached hereto and incorporated herein by reference as Exhibit A (hereafter Real Estate);
WHEREAS, the Commitments are made in connection with the granting of a Use
Variance and four Development Standards Variances, with respect to the Real Estate, by the
Carmel Board of Zoning Appeals under Docket Nos. 20020006 UV, 20020007 V, 20020008 V,
20020009 V and 20020010 V (hereafter collectively the Applications);
WHEREAS, Declarant owns the Real Estate and, as such, has executed these
Commitments to show their consent hereto;
WHEREAS, the term Owner(s), as used throughout this Declaration, shall mean and refer
to (i) the Declarant, (ii) the Declarant’s successors, assigns and grantees, (iii) any future owners
of part or all of the Real Estate, and (iv) any person or entity acquiring an interest in the Real
Estate;
NOW, THEREFORE, Declarant declares that the Real Estate shall be held, sold, and
conveyed subject to the following commitment:
A. Landscaping Commitment Applicable to the Real Estate.
1. To the extent that Owner(s) has any control over the real estate located adjacent to
the east Real Estate line (hereafter East Property), Owner(s) commit(s) to
establishing, with the agreement and consent of the owner of the East Property
and without cost to the owner of the East Property, a landscape buffer on the East
Property within a strip of land 15 feet in width and extending approximately 600
feet south from the south right-of-way line of East 146th Street and parallel to and
abutting the Real Estate. Due to the existence of overhead electric power lines in
this location, the installed landscaping shall not include shade trees but shall
consist of seven (7) ornamental trees and 15 shrubs per 100 linear feet of this
landscape buffer but subject to any and all other restrictions that are or may be
imposed by the utility company owning and operating the electric power lines.
2. The timing for planting this landscaping shall coincide, to the extent that it can,
with the development of the East Property. Upon installation, the East Property
KD_10830160_2.docx
owners shall own and be responsible for all future costs for care and maintenance
of the buffer landscaping.
B. Miscellaneous. Provisions Applicable to Commitments.
1. Binding on Successors and Assigns. These Commitments shall remain binding on
the Owner(s), unless modified or terminated in writing by the Carmel Board of
Zoning Appeals after a duly noticed public hearing. Any such termination or
modification of these Commitments shall be of no force or effect until the
Owner(s) consent(s) in writing to such termination or modification.
2. Effective Date. The Commitments contained herein shall not be effective until
both (i) the approval of any of the Applications, and (ii) the commencement of
construction pursuant to the approval of any of the Applications.
SALSBERY BROTHERS LANDSCAPING,
INC., an Indiana corporation
Date: ____________________________ By: _______________________________
Jeffrey A. Salsbery, President
STATE OF INDIANA )
) SS:
COUNTY OF ___________ )
Before me, a Notary Public, personally appeared Jeffrey A. Salsbery, President of
Salsbery Brothers Landscaping, Inc., an Indiana corporation, who acknowledged execution of
this Declaration of Commitments.
Witness my hand and Notarial Seal this _____ day of _________________, 2020.
My Commission Expires: _______________ __________________________________
Notary Public
Residing in ________________ County __________________________________
Printed Name
KD_10830160_2.docx
EXHIBIT “A” LEGAL DESCRIPTION
SUBJECT TO ALL LEGAL EASEMENTS, RESTRICTIONS, LIENS, ENCUMBRANCES,
AND RIGHTS-OF-WAY APPEARING ON RECORD.
KD_DECLARATION OF COMMITMENTS - buffer yard landscaping on east adjoiner(10830160.1).docx