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APPLICATION FOR
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The undersigned agrees that any construction, reconstruction, enlargement, re1oction or at . on of~tBl1~,1 any . ge
in the use of land or structures requested by this application will comply with, and conform to all app . e la~-~-state 0 ana,
and the "Zoning Ordinance of Carmel, Indiana - 1980", adopted under the authority of acts of 1979, Pub . 78, Sec. I, et
Assemby of the State of Indiana, and all acts ammendatory thereto. 1/ 0\
PRIMARY PLAT OR REPLAT
Fee: $500.00 plus $25.00 per lot
DATE: October 18, 2001
DOCKET NO.
Name of Applicant: Roger L. Kessler
Phone No. (317) 570-7250
Address of Applicant: 10200 Lantern Road, Fishers, Indiana 46038
Logan Limitedl
Name of Owners: Shelborne Park, L.L.C. Phone No. (317) 570-7250
Name of Subdivision:
Shelborrie Park
Legal Description: (To by typewritten on separate sheet and attached)
Area (m acres): 39. 9h: Number of Lots: 54
public use: .99 mi.
Length (in miles) of new streets to be dedicated to
Surveyor certifying plat: Dennis D. Olmstead, RLS with S'toeppelwerth & Associates, Inc.
Address:9940 Allisonville Rd., Fishers, IN Phone No. (317) 849-5935
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State of Indiana, County of Hamilton ,SS:
The undersigned having been duly sworn, upon oath says that the above infmmation is 1Iue and correct as he or she is infOlJll1ld
and believes.
Signature of applicant: ~2 J ?--
subscribed and sworn to before me this it:.. day of a
~ Print: Roger L. Kessler
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lie Mary E. Bredlau
My Commi!l$ionExpires: 09/09/2006
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5.1.10 Annlication for Primarv Plat Two (2) copies, or more ifnecessary, of the primary plat and of the construction plans
together with supporting documents sball. be submitted to the Director of Current Planning with this application. These Dlans to be
distributed to aU Technical Advisory Committee authorities bv annllcant
Fee:
Received by:
FORMSJPRJPLT
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COMMITMENTS CONCERNING THE
USE AND DEVELOPMENT OF REAL ESTATE
The undersigned, Logan Limited, an Inclia'08 corporation, (hereafter <<~)~ the
Contract Purchaser of the following described real estate located in Hamilton County~ Indiana.
(hereafter "Real Estate"), makes the following Comniitments ConcerDing the Use and
Development of Real Estate to the Cannel/Clay Plan Commission ("Commission").
I. Description ofReal,Bstate. See Exhibit "An hereto. ("Real Estate").
2. Docket # 140-01 PP
3. Statement of Commitments.
A Owner commits to constmct roadway improvements to the part of West
131st Street adjacent to the Real Estate to provide either of the following
at its discretion:
1. a one-half (112) roadway (mcluding existing pavement) of two (2)
12 foot lanes with curb and gutter ("Maximum Improvements") or
2. a one-half (1/2) roadway with an addition of three (3) feet of
pavement and three (3) foot stone shoulder to the existing
pavement ("Minimum Improvements") and contribute in cash to the
CamleI Department of Community Services ("DOCS, a sum equal
to the difference between the estimated cost of the Maximum
Improvements and the estimated cost of the Minimum
Improvements (the "Cash Contributionj, as detennined by
agreement between Developer and DOCS, to be applied by DOCS
to such other roadway improvements within a one-mile radius of
the Real Estate as DOCS may determine.
The cash contribution, if elected by Owner, shall be paid at the time of the
approval ofa Secondary Plat for a Section(s) in an amount equal to the total cash
contribution divided by 53 times the number of lots shown on the Secondary Plat
for which approval was received. The roadway improvements provided for and
contemplated by these commitments require and are subject to $e approval of the
Hamilton County Highway DepartmentlHamiIton County Commissioners.
4. Binding on Successors a.nd As..~gJ1~, These commitments are binding on the
Owner of the Real Estate, each subsequent Owner of the Real Estate, and each
other person acquiriDg an interest in the Real Estate from Owner. These
commitments may be modified or terminated only by a decision of the Commission
made at a public heariug after notice as provided by the rules of the CommissioD.
The foregoing notwitb.standin& these commitments shall tennina.te upon the
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recordation of a Secondary Plat .as to the part(s) of the Real Estate described
therein.
S. Eff~P- Date. These commitments contained herein shall be effective upon <~e
approval by the Commi~on of the Primary Plat filed under Docket '140-01 pr
(Primary Plat) and the approval of a SecondaIy Plat for all or part of the Real
Estate pursuant to the Primary Plat ("Effective Date").
6. Recordini The undersigned hereby authorizes the Secretary of the Commission
or the Director of the Departme:at of Commnnity Services to record these
commitments in the Office of the Recorder of Hamilton County, Indiana. following
the Etfective Date.
7. P..nfon".emAnt These commitments may be enforced by the Commiqion and City
of Carmel, Indiana.
Executed this _ day of January, 2002.
Logan Limited
By:
Roger L. Kessler, President
STATE OF INDIANA )
)SS:
COUNTY OF HAMILTON )
Subsc:ribed and swam to before me, a Member Notary Public in and for said County and
State, personally appeared Roger L. Kessler known to me to be as the President of Logan
L~ an IDdiana. Corporation, aclmowledged the execution of the foregoing Commitments
Concerning the Use and Development of Real Estate.
Witness my hand and Notarial Seal this _ day of January, 2002.
signature:
NoWy Public
Printed:
My Commission Expires:
My County of'Resideuee:
This IDstrument was prepared by Roger L. Kessler, Attorney at Law.
Return to: Roger L. Kessler, Attorney at Law, 10200 Lantern Road, Fishers, IN 46038
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EXHIBIT A - DBSCRIPTION
Part of the West Hailf of the Bast ~f of the N
of 'Section 29, TQWnehip 18 North, Range 3 East,
CQunty, Indiana, and being lIlOX'e particularly desc
follows: I
Beginning at tbe S thwest corner of said Balf-H
Section; thence No h 00 degrees 23 minutes 17 s
(assu~ed bearing) ong the West 1ine of said Ha f-Half-Quarter
SectioD, 2633.32 f t to the Northwest corner th reof; thence
South 89 degrees 5 minutes 13 seoonds East alon the North
line of said Half- If-Quarter Section, 661.9S'f st, to the .
Northeast corner t %:'eof: thence South 00 degx-ee ~1 lI1inutes 02, .'!,'
seconds West along her'East line of said Half-Ha f-Quarter
.section, 1716.79 f ee, ehenc~Soutb 01 degrees 1 minu~eB 41
~econds West 915.7 fe e to a point on the South line of,said
'Half-Ealf-Qu.arter ectfon being Sou hl90 degrees 00 minutes 00
seconds West 11.69 feet from the So theast corne, ~hereof)
thence South 90 de e 00 minuts& 01 seconds. t along the,
South line of said 1 -Half-Quart section 651 99 feet to the
pOint of .beginning !
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LOGAN
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, J~N 2 2002
FAX COVER SHE€)' - CPMMJJNTCATION <\ DOCS
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THE INFORMATION CONTAINED IN TInS FACSI.MJLE MESSAGE IS ATTORNEY P~~GED
CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDU !..~ i
RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED TIiAT
AA'Y DISSEMINATION, DISTRIBUTION OR COPYING OF nus COMMUNICATION IS STRICfLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY
NOTIFY US BY TELEPHONE AND RETURN TIlE ORIGINAL MESSAGE TO US AT 11JE ADDRESS
ABOVE VIA THE U.S. POSTAL SERVICE.
LIM ITED@
10200 Lantern Road, Fishers, IN 46038
(317) 570-7250 FAX 570-7251
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TO: .r~ a'.?~~:-~
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DATE:
:t/~p~
FROM: Roger L. Kessler
NUMBER OF PAGES ~
(INCLUDING COVER PAGE)
MESSAGElCOMl\1ENTS:
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9.6 THE SUBDIVlOER
W
Toe toli.ow~ng iig;reement
final plot application.
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shall. be included as a submittal with
AGREEMENT
The developer shall be responsible tor any drainage problems
lng standing water, flooding and erosion control, which aria
become evident at any time during the 3 year maintenance per
release of subdivision bonds, and which is attributable to a
-de'ficiency in subdivision drainage qesign or construction of
age improvements. This shall include all pipes, structures,
ditches and ponds which are pertinent features to the proper
age of the subdivision.
'1'hls responslbiUty of the developer shall not, however, inc Iude
problems which are createc,i,_ subsequent to the completion of the
subdivision imp~ovements by the improper grading by_individual
builders, or structures and, improper grading installed or accom-
plished by individual ho~eowners.
It is the intent of this requirements, that the,developer shall,
specifically, provide such sub-surface drains, or storm sewer~ or
ditches as are required to properly rectify any drainage problem
or sub-surface water problem which was not contemplated in the
original approved subdivision design, including, but not restricted
to, disposal of sub-surface water from footing drains of individual
lots.
ROAD IMPROVEMENTS: The ~ypical agreement for existing contiguous
Hamilton County Roads which are substandard, with Hamilton County
is:
The developer will put in 12 inch stone base to the required width
of the road, and grade the shoulders to q minimum of 6 feet width
and construct proper side-ditches, or, provide sto~ sewers and
curbs. This will be the black top grade during construction of
subdivision. Then the county will come in and cut out 3 inches
and put in 3 inch binder asphalt after which the developer will be
r~sponsible for 1 inch of asphalt topping. This is being done as
joint projects between county and developer. An agreeme!\t shall be
executed, in writing, between the developer and ~amilton 'County
specifically detailing the exact work to be accomplished by the
developer and that to be accomplished by the County, and shall also
state the road or roads or portions thereof which are included. .
If the subdivision is co~templated to be annexed to the City of
Carmel, then the agreement shall include the City of Carmel Board
of Public Works. as a signatory, which shall be for the purpose of
the City of Carmel agreeing to accept for maintenance and operation,
the improved roadfacj..lity upon completion of said .j.mprovements
and completion of annexation. ..
:?T2.IL
DEVEW .
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(Qed-. \ '1 J !PO J
DATE
REV: 5-79
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