HomeMy WebLinkAboutCommitments_Recorded 11-30-202020087377 MISC $25.00
11/30/2020 04:17:31PM 8 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
IIIIIIIIIIIIIIIIIII II�IIIIIIIIIIIIIIIIIIII IIIIII IIIIII ��I
COMMTMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE PSI
Deed Cross Reference.• Instrument No. 2016-4 2379 recorded on August 19 2016 and Instrument
No. 2016-42378 recorded on August 19 2016 and Instrument No. 2016-42465 recorded on
August 19, 2016 in the Office of the Recorder ofHmnilton County Indiana
Estridge Development Management, LLC, an .Indiana limited liability company,
("Estridge Development"), is the contract purchaser of parcels of real estate identified by
Hamilton County, Indiana Auditor's Office as Tax Parcel Identification Numbers 16-09-24-02-
01-001.000 16-09-24-02-01-002.000; and, 16-09-24-02-01-003.000 which parcels of real estate
are legally described in what is attached hereto and incorporated herein by reference Exhibit A
(collectively, the "Real Estate"). The Real Estate is the subject of a zoning application before the
City of Carmel's Plan Commission and Common Council seeking rezone approval pertaining to
the development of a residential townhome community as part of the 146`h and Monon Planned
Unit Development Ordinance rezone request which is identified as Ordinance No. Z-654-20 and
Plan Commission Docket Number 19120008 PUD (the "Zoning Request").
Estridge Development makes these zoning commitments to the City of Carmel's Common
Council ("Council") related to the Zoning Request pertaining to the development of the Real
Estate ("Commitments").
Section 1. Cross Reference. These Commitments pertain to the Real Estate and are made in
connection with the Zoning Request for the development of a residential townhome community.
Section 2. Commitments. Estridge Development Management, LLC, and its successors,
assigns, grantees and successors in title to the Real Estate, makes the following commitments
concerning the Real Estate. -
A. Entryway Aligmnent: Attached hereto and incorporated herein by reference as Exhibit B
is a rendering of the entryway aligmnent adjacent to Rolling Hill Drive ("Entryway
Alignment"). Said Entryway Alignment shall be developed in substantial compliance
with what is depicted on Exhibit B subject to Development Plan Approval by the Plan
Commission. Substantial compliance shall be regulated in the same manner as the
"substantially or materially altered" provisions of the Unified Development
Ordinance as it applies to Development Plans.
Section 3. Effective Date. The Commitments contained herein shall be effective upon the
occurrence of all of the following events:
A. Acquisition of the Real Estate by Estridge Development Management, LLC;
B. Approval by the Common Council of the Zoning Request; and,
Page 1 of 4
C_ Recording of a Secondary Plat for the Real Estate and commencement of the construction
of the residential townhome community on the Real Estate pursuant to the Zoning
Request, as evidenced by the issuance of an Improvement Location Permit.
Section 4. Binding on Successors and Modifications These Commitments may be
assigned by Estridge Development Management LLC and these Commitments shall be binding
upon each successor, assignee and grantee acquiring an interest in the Real Estate during such
successor's, assign's and grantee's ownership. These Commitments shall remain binding unless -
hereafter modified or terminated by the Council. The provisions of this Section 4
notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) on the City's Official Zone Map via rezone approval.
Section 5. Recording. The undersigned shall record these Connnitments with the Recorder of
Hamilton County, Indiana and upon recording shall provide the Director of Community Services
for the City of Cannel a recorded and file stamped copy of the same.
Section 6. Enforcement. These Commitments may be enforced by the Council and shall only
be modified by the Council pursuant to the Council's Rules of Procedure.
IN WITNESS WHEREOF, Estridge Development Management, LLC have caused
these Commitments to be executed as of the date written below.
REMAINDER OF PAGE LEFT INTENTIONALL Y BLANK
Page 2 of 4
Estridge Development Management, LLC, an Indi na limited liability company
i�
By:
Printed Name
Title:
Date:
CERTIFICATE OF PROOF:
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Pre,6i d eri 4
OCR]-�- �
WITNESS to the signature above on the foregoing instrument was made by the following:
L' �
Witne s ignature
i
Wi ess Printed Name: James E. Shinaver
STATE OF INDIANA )
SS.:
COUNTY OF I othmi lien )
Before me the undersigned, a Notary Public in and for said County and State, who
personally appeared which was the above named Witness, James E. Shinaver and Paul E.
Estridge. Jr_ as Member of Estridge Development Management LLC, who executed the
foregoing instrument and as a Notary Public I have acknowledged the execution of the foregoing
Commitments this 3 day of Auau5+ , 2020.
Ij
Witness my hand and Notarial Seal this 3 day of A U q..0 s+ , 2020_
My Commission Expires: (�U �tJ�
2- a 9 - ago N tary Publi
Residing in Ha M i I +on County L i 1 I EI i za 6e-{-h W I k es
Printed Name
JILL ELIZABETH WILKES
Notary Public - Seal
Hamilton County - State of Indiana
Commission Number NP0633460
.My Commission Expires Feb 29, 2028
Page 3 of 4
Prepared By: James E. Shinaver and Jon Dobosiewicz, Nelson & Frankenberger, 550
Congressional Blvd., Suite 210, Carmel, IN 46032 (317) 844-0106.
Pursuant to IC 36-2-11-15(b)(2), 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 —
James E. Shinaver.
Page 4 of 4
EXHIBIT "A"
LEGAL DESCRIPTION OF REAL ESTATE
Exhibit "A"
(Legal Description - Page 1 of 2)
Property 1:
Lot Numbered 3 in Rolling Meadows, an Addition in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2
pages 42 and 43, in the Office of the Recorder of Hamilton County, Indiana.
EXCEPT DESCRIBED AS BELOW:
The North 1.524 meters (6.00 feet) of Lot 3 in Rolling Meadows Addition in Hamilton County, Indiana, the plat of which is
recorded in plat in Plat Book 2, pages 42 and 43, in the Office of the Recorder of Hamilton County, Indiana, containing
76.7 square meters (825 square feet) more or less.
Property 2:
Lot Numbered 2 in Rolling Meadows, an Addition in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2,
pages 42 and 43, in the Office of the Recorder of Hamilton County, Indiana.
EXCEPTING THEREFROM:
A part of Lot 2 in Rolling Meadows. an Addition in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2,
pages 42 and 43 in the Office of the Recorder of Hamilton County, Indiana, described as follows:
Commencing at the northwest corner of said lot; thence North 88 degrees 45 minutes 20 seconds East (assumed bearing)
33.528 meters (110.00 feet) along the north line of said lot to the east line of said lot; thence South 0 degrees 14 minutes
40 seconds East 1.524 meters {5.00 feet) along said east line; thence South 88 degrees 45 minutes 20 seconds West
33.528 meters (110.00 feet) to the west line of said lot; thence North 0 degrees 14 minutes 40 seconds West 1.524
meters (5,00 feet) along west tine to the point of beginning and containing 51.1 square meters (550 square feet} more or
less.
Property 3:
Lot Numbered 1 in Rolling Meadows, an Addition in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2
pages 42 and 43, in the Office of the Recorder of Hamilton County, Indiana.
EXCEPTING THEREFROM:
A part of Lot 1 in Rolling Meadows, an Addition in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2,
pages 42 and 43 in the Office of the Recorder of Hamilton County, Indiana, described as follows: Commencing at the
northwest comer of said lot; thence North 88 degrees 45 minutes 20 seconds East (assumed bearing) 33.528 meters
(110.00 feet) along the north line of said lot to the east line of said lot; thence South 0 degrees 14 minutes 40 seconds
East 1.524 meters (5.00 feet) along said east line; thence South 88 degrees 45 minutes 20 seconds West 33.528 meters
(110.00 feet) to the west line of said lot; thence North 0 degrees 14 minutes 40 seconds West 1,524 meters (5.00 feet)
along west line to the point of beginning and containing 51.1 square meters (550 square feet) more or less.
Page 1 of 2
Exhibit "A"
(Legal Description — Page 2 of 2)
Page 2 of 2
EXHIBIT "B"
Entryway Aliyitrtent Exhibit is on Following Pate