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HomeMy WebLinkAboutCommitments Concerning Use & Development FEB-14-2002 05:39PM F~NEL$ON & FRANKENBERGER 31T8468782 T-816 P.001/005 F-308 NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATrORNEYSAT LAW JAMESJ.NELSON CHARI.ES D. FRANKENBEROER JNIS I!. SHlNAVER LARRY J. KEMPER JOHN B. PLA". OF COUI'ISI!L. JANE B. MERRILL 3021 EAST 98TH STREET SCIITE 220 INDIANAPOU5.INDIANA462BO 317-844-0106 FIIJ<: 317-846-8782 Company: Carmel Department of SelVlces fAX TRANSMISSION COVER SHEET ~Tj}fj~, ~)>~.,.._" '" j.v c..11.u~....IID a.u~.-LJl'p'. CoM./' 1- ":/~..\ ~,-~,..,., ."" '..' '-I < /.\ i5/ ' FE~ECF!VED '\~.j , 15 2002 i__'~1 -,"; DOCS tJ J / !.(i~~'/ .I' ~ ./~,,'~"'/ !t;," /(\,'/ , J-([01).)/ Date: February 14,2002 To: John Dobosiewicz Fax: 571-2426 from: Phone: Charles D. Frankenberger 317-844-0106 I:'ages: 5 (Including cover sheet) Comments: Re; Raymond RoehlingtThe Hamptons - Docket No. 141-01 DP *****...*..***************............****..****.........***..***.*****.*.****** The information contelned In this fac:slmlle message Is Intended only for the use of the Individual or entity named aPove. If the reader or recipient of this message Is not the Intended recipient or an employee or agent of the Intended recipient who is responsible fot delivering It to the Intended recipient, you are hereby notified that any dissemination, distribution or <:cpyfng of this eommunication is stric:tJy prohibited. If you have rec::elved this communication In error, please notify us by telephone (collect) and retum the original message to us at the above Indlcatad addn:ss via the U.S. Postal ServIce. Receipt by anyone other than the intended recipient is not '" Wl!Iivet of an attorney-client or W1:lrk product privilege. FEB-14-2002 05:40PM FROM-NELSON & FRANKENBERGER 3178468782 T-816 P.002/005 F-308 NEl..SON & FRANKENBEROER A PROFESSIONAL CORPORATION AITORNEYSAT LAW JAMES J. NELSON CHARlES D. F1WIKENSEROeR JNI\ES E. SHINAVER LARRY J. K&\PER JOHN B. FlATI OF C:O(JI'tSEL JANE B. MERRILL 3021 EAST 98TH STREET SUITE 220 INDIANAPOUS, INDIANA 46280 3 t 7.1144.Q 106 fAX: 317-84608782 February 14, 2002 ....-;:;:----y--;-;.- -:--\<0, I , I (S--..... J!i< ',-, >_L_L._ '.. / / ". t:;~'/-' ~ . /.:~ 1~7 ~t.Cr_Nt.U. l;i H.~ \'3 100? ~~ - UQC~ 'i.~~ /, ,>. ~~Y' VIA FACSIMILE: 571-:14:16 Mr. Jon Dobosiewicz Department of Community SetVices One Civic Center Carmel. IN 46032 Re: Raymond RoeblinglThe Hamptons Docket No. 141-01 DP Dear Jon: Attached for your consideratioD is a draft of the commitments concerning road improvements. Please review the attached and call me with comments and suggestions. Thanks. Very truly yours, NELSON &, FRANKENBERGER et- Charles D. Frankenberger CDF/jlw Enclosure H:\l8dllI\Roeb1Ing\Doboslewlm: IlrIl114OZ.. FEB-14-2002 05:40PM FROM-NELSON & FRANKENBERGER 31T8468T82 1-816 P.003/005 F-308 COMMITMENTS CONCERNING THE pSE AND DEVELOPMENT OF REAL ESTATE ,~LG': 1/'>--, /4 \ 1-..L---_'--..( -- ''>.. ^' ,./"" ',"'1, v' '~, "'- I, v' ~ '<./\ I~ ,/ ~. . L"~Y ,\ {J RECEIVED. '<2\ 1J'Ji fEB 15 2002 " :: \:j.,~' DOCS. /~i \.i" (',"/ \~~ / #/~;/ ,. I /\ ,. - */.';(.' !;; --rJ::.--'~" \ \: "-J-! 2'~ \ \ ' The undersigned, Raymond H. Roehling (hereafter "Roehling"), the contract purchaser of the real estate located in Hami1ton County. InrJiana, and more particularly described in what is attached hereto and incorporated herein by reference as Exhibit "An (the "Real Estate"), makes the following commitments ("Commitments") to the Cannel/Clay Plan Commission (the ."Commission") of the City of Cannel, Indiana, concerning the use and development of the Real Estate: 1. Definitions. The following additional definitions shall apply throughout these Commitments: (a) uDocket Number" shall mean and refer to Docket Number 141-01 PP under which Roehling has tiled an application for primary plat approval pertaining to the Real Estate. (b) '.Maximum. Road Improvements" shall mean and refer to (i) the addition of IS' of pavement, and curb and gutter. to the west side of that segment of Towne Road contiguous with the Real Estate, and (ii) the addition of IS' of pavement, and curb and gutter, to the south side of that segment of 141ft Street contiguous with the Real Estate, unless the traffic study done in connection with the Real Estate and the Docket Number indicates that it is unnecessary to widen 141- Street into a four lane road, in which case the Maximum Road Improvements shall not include the addition of 15' of pavement, and curb and gutter, on the south side of that segment of 141Sl Street contiguous with the Real Estate. (c) ..Minimum Road Improvements" shall mean and refer to (i) the addition of 3' of pavement and a 3' stone shoulder to the west side of that segment of Towne Road which is contiguous with the Real Estate, and (il) the addition of3' of pavement and a 3' stone shoulder to that sepnent of the south side of 141$1 Street which is contiguous with the Real Estate. 2. Statement of Commitment. Roehling commits to do one of the following, in Roehling's sole discretion: <a) The installation of the Maximum Road Improvements; or FEB-14-2002 05:41PM FROM-NELSON & FRANKENBERGER 31 T8468782 T-816 P.004/005 F-308 (b) the installation of the Minimum Road Improvementst and the payment of a cash contribution to the City of Carmel, Indiana, in an amount determined by the Carmel Department of Community Servicest but not to exceed the costs of the Maxintum Road Improvements minus both (i) the costs of the Minimum Road Improvements and minus also (il) any ac. Cel?aneS' d I lanes and passing blisters installed by Roehling.~ __of'"t"'. ff"'.-~\~ t'" The cash contribution, if elected by the Owner, shall be paid at the ~ of'the approval of a secondary plat for a section of the Real Estate and shall be in an amount equal to the total cash contribution, multiplied by a fraction (i) the denominator of which is the total lineal feet of the Maximum Road Improvements and (ii) the numeratOr of which is the number of lineal feet of frontage that the approved secondary plat has on 14115t Street (if included in Maximum Road Improvements) and Towne Road. The roadway improvements provided for and contemplated by these Commitments require and are subject to the app~ of the Hamilton County Highway DepartmentlHamilton County Commissioners. ~ ~~ Within three hundred sixty-five (36~~ after the payment of each installment of the Cash Contribution, the City of Carmel. in COIUWlction with the Hamilton County Highway Department, shall utilize the installment of Cash Contribution paid pursuant to these Commitments and other similar commitments to improve roadway intersections located at 131 ~ and Towne Road and other intersections that are within a one (I) mile radius of the Real Estate. 3. Binding on Successors and Assigns. These Commitments are binding upon Roehling and his successors and assigns. These Commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by the Rules of the Commission. The foregoing notwithstanding, these Commitments shall terminate upon the recordation of a secondary plat as to the parts of the Real Estate described herein. 4. Effective Date. The commitments contained herein shall be of no force and effect 1;1I1til the occurrencc of all of the following: f' P (a) The approval ofme plat request under Docket Number 141-01 p~ (b) The acquisition of title to the Real Estate by Roehling or his successor or assign; and (c) The eo"''''fOn~ement of the development of the Real Estate pursuant to approvals obtained under Docket #141-01 PD. '-,~ -2- FEB-14-2002 05:41PM FROM-NELSON' FRANKENBERGER 3178468782 T-816 P.005/005 F-308 s. ;Recorclil\g. The undersigned hereby authorizes the Secretary of the Commission to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon the occurrence of all of the events referred to in Paragraph 4, above. EXECUTED this day of ~ 2002. Raymond R Roehling STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and for said County and State. personally appeared Raymond H. Roehling, who acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal this _ day of . 2002. My Commission Expires: Notary Public - Signature Residing in COUDty Printed Name Prepared By: Charles D. Frankenberger, Nelson & Frankenberger. 3021 East 981h Street, Suite 220. Jndjanapolis, Indiana 46204. K:\hmeI'IRaehlinslC_i_Roalllmprovtmeall,wpd -3- .. .. .. COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE ~ k. " Raymond H. Roehling ("Roehling") makes the following commitments ("Commitments") to the Plan Commission (the "Commission") of the City of Carmel, Indiana: 1. Description of Real Estate. The real estate is legally described on Exhibit A (the "Real Estate"). Docket Number. 141-0~ Definitions. y ? 2. 3. (a) "120' Lot" shall mean and refer to lots which are 120' in width at the building line. (b) "100' Lot" shall mean and refer to lots which are 100' in width at the building line. (c) "Clad"~&-d. ~efer to vinyl or aluminum cover over a wood frame. 4. Architectural Gllig9lifl.e~ The following architectura~ shalJ.!pply ~ces constructed upon the Real Estate: ~..s 62 1'r:(il&ttJlrflO I (a) Residences located on 120' Lots shall have minimum square footage of3,500 SF, for the first floor and the second floor combined, exclusive of garages and basements. (b) Single story residences located on 120' Lots shall be at least 2,800 SF on the main level, exclusive of basements and garages. (c) Residences located on 100' Lots shall have a minimum square footage of3,000 SF, for the first floor and the second floor combined, exclusive of garages and basements. (d) Single story residences located on 100' Lots shall be at least 2,400 SF on the main level, exclusive of basements and garages. (e) Exterior building materials on the first floor of all residences shall be masonry or DRYVIT, exclusive of windows, doors, and other accent areas. (f) All residences shall have an attached three (3) car garage. .. i" j (g) All window frames are to be wood or Clad, but aluminum construction windows are prohibited. (h) All Lots are to be irrigated with automatic irrigation systems. (i) Uniform mail boxes shall be installed for each residence. G) All driveways for residences shall be either concrete or paver, but asphalt driveways are prohibited. (k) All residential roofs shall be either 25 year dimensional single roofing or shake roof. (1) All front-loaded garages must have staggered, off-set doors with matching multiple roof gables above the door. (m) All siding above the first floor and in accent areas shall be masonry or concrete fiber type (Hardi-Plank or similar), but vinyl and aluminum siding are prohibited as an exterior surface. 5. Binding on Successors and Assigns. After the Effective Date (defined below), these Commitments are binding upon Roehling, each subsequent owner ofthe 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 as provided by the Rules of the Commission. 6. Effective Date. The commitments contained herein shall be of no force and effect until the fall of the following: The approval of the plat request under Docket Number 141-01 PD; and ~''(61) The acquisition of title to the Real Estate by Roehling or . successor or assign; an (b) The commencement of th~ of the Real Estate pursuant to approvals obtained under Docket # 1~_-DYJ.' ~~ (c) -2- .. i: 'J 7. Recording. The undersigned hereby authorizes the Secretary of the Commission to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon the occurrence of all of the events referred to in Paragraph 6, above. 8. Enforcement. These Commitments may be enforced by the Commission and the City of Carmel and any owner of part or all of the Real Estate. 9. Compliance Confirmation. The Director of the Department of Community Development of the City of Carmel, Indiana, shall, when requested by the owner of the Real Estate, give written assurance, in letter form, that the owner of the Real Estate has or has not complied with these Commitments. EXECUTED this day of ,2002. Raymond H. Roehling STATE OF INDIANA ) ) SS: COUNTY OF HAMIL TON ) BEFORE ME, a Notary Public in and for said County and State, personally appeared Raymond H. Roehling, who acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal this _ day of , 2002. My Commission Expires: Notary Public - Signature Residing in County Printed Name Prepared By: Charles D. Frankenberger, Nelson & Frankenberger, 3021 East 98th Street, Suite 220, Indianapolis, Indiana 46204. H:\JanetIRoehlingICommitments-RE. wpd -3- ,A '1 .. i EXHIBIT" A" The Northwest Quarter of the Southeast Quarter of Section 20, ToWnship 18 North, Range 3 East in Hamilton County, Indiana, containing 40 acres, more or less. The Southeast Quarter of the Southeast Quarter of Section 20, Township 18 North, Range 3 East in Hamilton County, Indiana, containing 40 acres, more or less. The Southwest Quarter of the Southeast Quarter of Section 20, Township 18 North, Range 3 East, containing 40 acres, more or less, in Hamilton County ,Indiana. The Northeast Quarter of the Southeast Quarter of Section 20, Township 18 North, Range 3 East, containing 40 acres, more or less, in Hamilton County, Indiana. Except the following real estate: . Part of the Southeast Quarter of Section 20, Township 18 North, Range 3 East in Hamilton County, Indiana, beginning at the Northeast corner of said Southeast Quarter, thence West along the North line of said Southeast Quarter 800 feet to a point which is the beginning of this description; thence South parallel with the East line of said Southeast Quarter Section a distance of 500 feet; thence West parallel with the North line of said Southeast Quarter a distance of 500 feet; thence North parallel with the East line of said Southeast Quarter a distance of 500 feet to the North line of said Southeast Quarter; thence East along said North line a distance of 500 feet to the place of beginning, .containing approximately 5.73 acres, more or less.