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HomeMy WebLinkAboutCommitments Concerning the Development and Use of Real Estate COMMITMENTS CONCERNING THE DEVELOPMENT AND USE OF REAL ESTATE In accordance with the Indiana Code Section 36-7-4-613, the undersigned, Dennis L. Bottamiller and Donald W. Bottamiller (jointly hereafter the "Owner"), the Owner of the following described real estate located in Hamilton County, Indiana makes the following Commitments Concerning The Use And Development Of Real Estate ("Commitments") to the Carmel Plan Commission ("Commission"). 1. Description of Real Estate. See Exhibit A (the "Real Estate") 2. Docket No. 32-93-PP 3. Statement of Commitments. The Owner commits to install at his costs and expense a passing blister at the Springmill entrance(s) to the residential development to be developed by Owner on the Real Estate when the appropriate right-of-way is available to permit such installation. 4. Binding on Successors & Assigns: These Commitments are binding on the Owner, 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 may be modified or terminated only by a decision of the Commission made at a public hearing after notice has been provided by the rules of the Commission. The foregoing notwithstanding, these Commitments shall terminate five (5) years following the date an Improvement Location Permit is issued for the first home to be constructed on the Real Estate in accordance with the approved Primary Plat. 5. Effective Date: The Commitments contained herein shall be effective upon the approval of an Application for Primary Plat by the Carmel Plan Commission filed with the Department of Community Development under Docket #32-93-PP. 6. Recording: The undersigned hereby authorizes the Secretary of the Commission or the Director of the.Department of Community Development to record these commitments in the Office of the Recorder of Hamilton County, Indiana upon the granting of the approvals referred to in paragraph 5 above. 7. Enforcement: These commitments may be enforced by the Commission and the Common Council of the City of Carmel, Indiana. Dennis L. Bottamiller Donald W. Bottamiller STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public, in and for said County and State, personally appeared Dennis L. Bottamiller and acknowledged execution of the foregoing Commitments. Witness my hand and Notarial Seal this (--'—day of -(- , 1993. a. My Commission Expires: Beth A. Gallien, Notary Public August 31. 1995 Residing in Henry County STATE OF INDIANA ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public, in and for said County and State, personally appeared Donald W. Bottamiller and acknowledged execution of the foregoing Commitments. Witness my hand and Notarial Seal this / ay of 1993. 2 Q f . � My Commission Expires: Beth A. Gallien, Notary Public August 31. 1995 Residing in Henry County This Instrument Prepared by: James J. Nelson Nelson & Frankenberger 3021 E. 98th Street, Suite 220 Indianapolis, Indiana 46280 LEGAL DESCRIPTION Part of the West Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Beginning at the Southwest corner of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 00 degrees 00 minutes 00 seconds (assumed bearing) on the West line of said Northwest Quarter 984.13 feet to the Southwest corner of Williams Creek Farms, a subdivision in Hamilton County, Indiana, the plat of which is recorded on pages 1 through 3 of Plat Book 8 in the Office of the Recorder of Hamilton County, Indiana; thence North 88 degrees 51 minutes 53 seconds East on the South line of said subdivision, measured parallell with the South line of said Northwest Quarter 1106.64 feet to a point 221.31 feet South 88 degrees 51 minutes 53 seconds West of the East line of the West Half of said Northwest Quarter; thence South 00 degrees 01 minute 21 seconds East parallel with the East line of the West Half of said Northwest Quarter 984.13 feet to a point on the South line of said Northwest Quarter that is 221.31 feet West of the Southeast corner of said West Half; thence South 88 degrees 51 minutes 53 seconds West on said South line 1107.02 feet to the place of beginning, containing 25.00 acres, more or less.