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HomeMy WebLinkAboutCommitments_Recorded 02-25-192019006660 MISC $25.00 02/25/2019 03:56:05P 6 PGS Jennifer Hayden HAMILTON County Recorder IN Recorded as Presented 1111111111111111111111 iiiII111111111111111111111111111111111111111 IN COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Deed Cross Reference: Instrument No. 2016-031932 in the Office of the Recorder ofHamilton County Indiana Henry Camferdam and Christine Camferdam are the owners (the "Owners") of the parcels of real estate identified by Hamilton County, Indiana Auditor's Office as Tax Parcel Identification Numbers 17-09-33-00-00-020.000, 17-09-33-00-00-019.000, 17-09-33-00-00- 018.000 and 17-09-33-00-00-017.000, which parcels of real estate are legally described in what is attached hereto and incorporated herein by reference Exhibit A (the "Real Estate"). The Real Estate is the subject of zoning applications before the City of Carmel's Plan Commission seeking primary plat approval and design standard waiver approval pertaining to the development of a residential community, which zoning applications are identified as Docket Numbers 18110010 PP and 18110012 SW (collectively, the "Zoning Application"). The Owners, and their successors, assigns, grantees and successors in title to the Real Estate, hereby make the following commitments (the "Commitments") related to the development of the Real Estate to the City of Carmel's Plan Commission (the "Plan Commission"). Section 1. Cross Reference. These Commitments pertain to the Real Estate and are made in connection with the Zoning Application for the development of a residential community. Section 2. Commitments. The Owners, and their successors, assigns, grantees and successors in title to the Real Estate, makes the following commitments concerning the Real Estate: A. Treatment of Detention Areas: Attached hereto and incorporated herein by reference as Exhibit B is a site plan (the Site Plan) that delineates proposed locations for Stormwater detention areas (the Detention Areas") which Detention Areas are identified as Areas A, B, C, D, E and F. 2. Detention Areas C and D: The landscaping materials used within, adjacent to and around Areas C and D shall include native species, trees, shrubs, ground covers, and ornamental grasses appropriately sited for a naturalized rather than engineered or manicured appearance utilizing primarily native plants. Regular grass mowing in Detention Areas C and D shall be strictly prohibited to ensure that Areas C and D maintain a naturalized appearance. Further, signage shall be installed in Areas C and D identifying these areas as "Stormwater Management Areas — Do Not Alter/Do Not Regularly Mow". Page 1 of 4 3. Detention Areas A, B, E and F: Detention Areas A, B, E and F shall be permitted to have landscaping treatment that has a more engineered appearance and a more manicured treatment allowing for regular grass mowing and maintenance. However, the natural meandering drainage channel for Detention Areas A, B, E and F shall be a minimum of ten (10) feet in width and appear more natural in design with natural landscape treatment within the drainage channel including but not limited to ornamental grasses. 4. Review by City of Carmel's Storm Water Administrator: Prior to the recording of a Secondary Plat and approval of construction plans for the subdivision, the foregoing treatment of the Detention Areas shall be reviewed with the City of Carmel's Storm Water Administrator for compliance with all applicable Storm Water Ordinance requirements. B. Common Areas: All Common Areas depicted on the Primary Plat shall be maintained by the subdivision Homeowner's Association. Detention Areas A, B, C, D, E and F are all located in Common Areas on the Primary Plat. All owners of lots in the subdivision shall be strictly prohibited from erecting or installing any structures or improvements of any kind whatsoever, either permanent or temporary, in any Common Areas. In the event any structures or improvements are erected in any Common Area by a lot owner, the subdivision's Home Owner's Association shall have the authority, right and power to remove any such structures or improvements erected or installed in any Common Area at the expense of the owner of the improvement. C. Additional Landscaping Treatment along Hoover Road: The Site Plan delineates a shaded area identified as Area G which is adjacent to Hoover Road. In addition to the landscaping shown on the approved Landscape Plan for the Primary Plat, Area G shall also include multiple ornamental grasses within the shaded area to supplement tree and shrub plantings. D. Lotl and Lot 12: The Site Plan identifies the location of Lot 1 and Lot 12. The garages for homes on Lot 1 or Lot 2 may be "side loading" or "front loading" provided the garage doors do not face Hoover Road and are located on the front or side of the home furthest from Hoover Road. E. Lot 6: The Site Plan identifies the location of Lot 6. There exists on Lot 6 a pipeline easement that is identified on Primary Plat. The Owner of Lot 6 shall be prohibited from regularly mowing that portion of Lot 6 that is encumbered by the pipeline easement and Tree Preservation Easement so that the pipeline easement area on Lot 6 maintains a more naturalized appearance. F. Street Lighting: Street lights (lighting in the street right-of-way) shall (i) comply with all applicable City lighting standards and (ii) shall include a downward directed goose neck style fixture design or a fixture design which includes a lighting source that directs light downward. Page 2 of 4 G. Covenants, Conditions and Restrictions: After recording of the foregoing commitments, the recorded commitments shall be referenced in and attached as an exhibit to the Covenants, Conditions and Restrictions of the proposed subdivision and said Covenants, Conditions and Restrictions of Record shall be recorded with the Office of the Recorder of Hamilton County, Indiana. Section 3. Effective Date. The Commitments contained herein shall be effective upon the occurrence of the following events: A. Approval by the Plan Commission of the Zoning Application; and, B. Recording of a Secondary Plat for the Real Estate and commencement of the construction of single-family dwellings on the Real Estate pursuant to the Zoning Application, as evidenced by the issuance of an Improvement Location Permit. Section 4. Binding on Successors and Modifications. These Commitments may be assigned by the Owners and these Commitments shall 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 Plan Commission after a public hearing wherein notice is provided by the Plan Commission's Rules of Procedure. 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 Commitments with the Recorder of Hamilton County, Indiana and upon recording shall provide the Director of Community Services for the City of Carmel a recorded and file stamped copy of the same. Section 6. Enforcement. These Commitments may be enforced by the Plan Commission and shall only be modified by the Plan Commission pursuant to the Plan Commission's Rules of Procedure. Page 3 of 4 IN WITNESS WHEREOF, the Owners of the Real Estate have caused these Commitments to be executed as of the date written below. A ner" By. Printed Nai e: Henry amferdam Date: ( '51 STATE OF TVrCU- C ,0,0G - COUNTY SS.. ne By: Printed Name: Christine Camferdam Date: % ,Z -Z_ I Cl Before me the undersigned, a Notary Public in and for said County and State, personally appeared Henry Camferdam and Christine Camferdam, as the Owners of the Real Estate, and acknowledged the execution of the foregoing Commitments this 22 day of 2019. Witness my hand and Notarial Seal this ZZ day of 1P- , 2019. M Commission Expires: Notary Public GHENOA G CLARK Boone County Residing in 1 County `, C` / Commission Number: 6?9399FFo- My Commission Ex vesSeptember13, 2019 Printed Name Prepared By: James E. Shinaver and Jon Dobosiewicz, Nelson & Frankenberger, 550 Congressional Blvd., Suite 210, Cannel, IN 46032 (31.7) 844-0106. Pursuant to IC 36-2-1.1-15(b)(2), I affirm, under the penalties for perjury, that T 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 PART OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 18 NORTH, RANGE 3 EAST, HAMILTON COUNTY, INDIANA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 00000'00" WEST ALONG THE WEST LINE THEREOF FOR A DISTANCE OF 672.86 FEET TO A MAG NAIL AT THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED BOOK 305, PAGE 282 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA AND THE POINT OF BEGINNING: THENCE NORTH 89048'10" EAST ALONG THE SOUTH LINE OF SAID TRACT OF LAND, A DISTANCE OF 513.00 FEET; THENCE SOUTH 64001'05" EAST CONTINUING ALONG THE SOUTH LINE OF SAID TRACT OF LAND, A DISTANCE OF 130.16 FEET TO THE EAST LINE OF A TRACT OF LAND DESCRIBED IN DEED BOOK 172, PAGE 321 IN SAID RECORDERS OFFICE; THENCE SOUTH 00°00'00" WEST ALONG THE EAST LINE AND PARALLEL WITH SAID WEST LINE A DISTANCE OF 5.28 FEET TO THE APPROXIMATE CENTERLINE OF CLAY CREEK AND THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN DEED BOOK 266, PAGE 240 IN SAID RECORDER'S OFFICE: THENCE SOUTH 66°30'55" EAST ALONG SAID NORTH LINE BEING THE CENTERLINE OF CLAY CREEK. A DISTANCE OF 109.03 FEET: THENCE CONTINUING ALONG SAID NORTH LINE. NORTH 89048'10" EAST A DISTANCE OF 425.00 FEET TO A 5/811 REBAR WITH ORANGE CAP STAMPED "CIVIL DESIGNS INDPLS IN" SET ON THE WEST LINE OF A TRACT OF LAND DESCRIBED IN DEED BOOK 175, PAGE 251 IN SAID RECORDER'S OFFICE; (THE FOLLOWING 5 COURSES ARE ALONG THE WEST, NORTH, EAST AND SOUTH LINES OF SAID TRACT OF LAND) I)THENCE NORTH 00000'00" EAST PARALLEL WITH SAID WEST LINE A DISTANCE OF 92.95 FEET; 2)THENCE NORTH 90°00'00" EAST A DISTANCE OF 176.34 FEET; 3)THENCE SOUTH 00000'00" WEST PARALLEL WITH SAID WEST LINE A DISTANCE OF 632.27 FEET; 4)THENCE SOUTH 90000'00" WEST A DISTANCE OF 1331.34 FEET TO THE WEST LINE OF SAID QUARTER SECTION: 5)THENCE NORTH 00000'00" EAST ALONG SAID WEST LINE A DISTANCE OF 642.10 FEET TO THE POINT OF BEGINNING, CONTAINING 18.32 ACRES. MORE OR LESS. EXHIBIT ` B" N @ @ N @ C Z CO C @ @ c oa O Q OO© 0O©