HomeMy WebLinkAboutCommitments Concerning Development
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COMMITMENTS CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with Section 31.06.08 of the Carmel Zoning Ordinance, Indiana Code
Sections 36-7-4-615 and 36-7-4-921, JBC1, LLC (hereinafter the "Owner"), the owner of the
following described Real Estate located in Hamilton County, Indiana (hereafter the "Real
Estate") makes the following COMMITMENTS concerning the use and development of the Real
Estate to the Cannel/Clay Plan Commission (hereafter "Plan Commission").
1. Description of Real Estate: See Exhibit A ("Real Estate")
2. Docket Nos. 07100032PP, 07100033SW, 07100034SW, 07100035SW and
07100036SW
3. Statement ofCbmmitments:
a. Owner commits that aU homes constructed within the development on the
Real Estate shall be "Custom Homes" defined as follows: "Homes built
by builders which are not companies that are publicly traded, and which
build less than one hundred (100) homes per year, as measured by the
immediate previous five (5) years."
b. All perimeter fences enclosing large areas on a lot within the development
on the Real Estate, such as a rear yard, shall be black wrought iron or
black wrought iron in appearance; provided, however, that other forms of
fencing, such as wooden shadow box fencing, shall be allowed to screen
smaller areas, such as patios, decks, pools, hot tubs, tennis courts and
above-ground utility appurtenances, such as air-conditioning units.
c. Owner commits that no driveway serving a home within the development ,-
on the Real Estate will encroach upon any public ,101m sewer eascment..."JJ
4. Binding on Successors and Assigns: These Commitments are binding on the
Owner of the Real Estate and each other person or entity acquiring an interest in
the Real Estate, unless modified or terminated by the Plan Commission. These
Commitments may be modified or temlinated only by a decision of the Plan
Commission made at a public hearing after notice as provided by the rules of the
Plan Commission or as otherwise provided by IC 36-7-4-615 or 36-7-4-921.
5. Effective Date: The Commitments contained herein shall be effective upon the
grant of Primary Plat Petition 071 00032PP and Subdivision Waivers
07120033SW, 07100034SW, 071 00035SW, and 07100036SW by the Plan
Commission on February 19, 2008.
6. Recording: The undersigned hereby authorizes the Director of the Department of
Community Services, or the Secretary ofthe Plan Commission, to record these
commitments in the office of the Recorder of Hamilton County, Indiana.
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7. Enforcement: These commitments may be enforced by the Plan Commission and
the owners of all parcels of ground adjoining the Real Estate who were entitled to
receive personal notice of the plat approval and subdivision waivers under the
mles in force at the time the commitments were made.
IN WITNESS WHEREOF, Owner has executed this instrument this_ day of Febmary, 2008.
JBC1, LLC an Indiana limited liability company
By:
Jeffrey B. Cohen, Member
State of Indiana
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)SS:
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County of Marion
Before me, a Notary Public in and for said County and State, personally appeared Jeffrey
B. Cohen by me known and by me known to be a member of JBC 1, LLC, an Indiana limited
liability company" who acknowledged the execution of the foregoing "Commitments
Conceming the Development and Use of Real Estate" on behalf of said limited liability
company.
WITNESS my hand and Notarial Seal this
day of
2008.
Notary Public
(Pri nted Signature)
My Commission Expires:
My County of Residence:
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.
Joseph D. Calderon
Printed Name of Declarant
Tllis Instmment prepared by Joseph D. Calderon, Attomey at Law, Bose McKinney & Evans
LLP, 301 perillsylvania Parkway, Suite 300, Indianapolis, Indiana 46280.
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