HomeMy WebLinkAboutCommitments - Recorded
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'f 290300047989
, FlIed for Record in
HAMILTON COUNTY INDIANA
!ENNIFER J HAYDEN
COMMITMENTS CONCERNING THE U~-19-2003 At 11 :54 alii.
AND DEVELOPMENT OF REAL ESTATf1SC 21. 00
Pittman Partners, Inc.) an Indiana Corporation, its nominee or assignee (hereafter,
"Owner"), the Contract Purchaser of the ,real estate located. in Hamilton Cormty, Indiana,
and described in Exhibit "Anand Exhibit "B" hereto (hereafter, .'Real Estate"), makes the
following Commitments to the Carmel Plan Commission (hereafter, "Commission").
1. Description of Real Estate:
A. See Exhibit .'A" - Legal Description of R-4 Zoned Property
B. See Exhibit "B" - Legal Description of B-2 Zoned Property
2. DocketNumbers 33-03 Z and 32-03 Z
3. Statement of Commitments For the Property Described in Exhibit A:
A. There will not be any pole mounted street lights.
B. All townhome residential units built will have their own deeded lot and all
condominium residential units will be built utilizing a horizontal property
regime ("HPR"). .
C. All units that are 3- story townhome or condominium construction will be
limited to brick and hardie plank.
D. A112 story townhome or condominiwn construction will be limited to brick or
stone and a minimum of vinyl.
E. All use of vinyl will be of similar quality and colors as that used in the
adjacent residential neighborhood known as ..The Westons."
F. The southern property line and northern property line will have a minimum
building setback and or greenbelt buffer of 30'
G. The Owner will build a 6' shadow box fence on the southern property line.
H. The Owner will submit an acceptable landscape plan dming the Primary
Platting process that includes trees that are "balled andburlapped" and tree
transplanted trees that have a caliper size of3" to 6" in the south greenbelt
buffer.
1. The east property line will have a minimum setback of 150'. The portion of
the 150. setback area that does not have any drainage improvements will
remain as natural area unencumbered by any trails or paths.
J. The site will be developed to comply with the R-4 Zoning Designation
utilizing the Residential Open Space Ordinance (ROSa III).
K. All residential construction will be limited to 2-story or 3-story construction.
L No 3-story construction will be allowed within 100' of the south property line,
within 200 l of the east property line, and 100' of the north property line of the
Real Estate adjacent to surrounding properties with a zoning classification of
S-1.
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M. Owner agrees to follow all erosion control requirements of the Hamilton
County Soil and Conservation Service to limit any silt entering into The
Westons drainage system.
N. Monitor Lane will only connect into the Real Estate if required by the City of
Cannel or the Hamilton County Highway Department. The Owner is willing
to provide pavers and an emergency access gate in lieu of a connecting street
at the direction of the City of Carmel or Hamilton County Highway
Department.
O. The Owner further commits that the Real Estate could not be utilized as a
mobile home park.
P. The Owner further commits that adequate right of way will be provided to
allow for a future connection into the undeveloped property to the north.
4. Statement of Commitments For the PropertY Described in Exhibit B:
A. All of the Real Estate described in Exhibit B is subject to the US Highway
421 - Michigan Road Corridor Overlay Zone.
B. The Owner further commits that the maximum square footage offinished
commercial space shall not exceed 150,000 square feet
C. The Owner further commits that the portion of the Real Estate described in
Exhibit B that is adjacent to "'The Westons" will have a minimum building
setback line oflOO'.
D. The Owner further commits to work with the City of Carmel to detennine the
best point of ingress and egress on the north or south end of the Real Estate.
5. Brodin!! on Successors and Assie.ns: These Commitments are binding on the
Owner of the Real Estate, each subsequent Owner of the Real Estate, illld each
other person acquiring an interest in the Real Estate, unless modified or
terminated by the Commission. These Conunitments may be modified or
terminated from time to time only by a decision of the Commission made after
notice and a public hearing as provided by the rules of the Commsssion.
6. Effective Date: The Commitments contained herein shall be effective upon the
final adoption and passage into law of an ordinance by the Cormnon Council of
Carmel, Indiana reclassifying the Real Estate from the S-l Residence District
Classification to the R-4 Residence District Classification and the B-2 Business
District Classification and shall remain in effect so long as said ordinance remains
in effect.
7. Recording: The undersigned hereby authorizes the Secretary of the Commission
to record these commitments in the Office of the Recorder of the Hamilton
County, Indiana, following the Effective Date.
8. Enforcement: These Commitments are enforceable by the Commission and the
City of Carmel, Indiana.
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CONSENT OF OWNER
The undersigned, Lawson J. Clark II, the attorney-in-fact for the fee simple owners of
the Real Estate, Carolyn Ford Pennington, individually, and Betty Ford, as Executrix of the
Estate of Donald L. Ford, hereby consents to the foregoing Commitment Concerning the Use
and Development of Real Estate.
LA SON J. CLARK ,Attorney-in-Fact
Carolyn Ford Pennington, Individually,
and Betty Ford, as Executrix of the Estate
of Donald L. Ford
STATE OF INDIANA
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COUNTY OF BOONE
Before me, a Notary Public in and for said County and State, personally appeared
LAWSON J. CLARK II, who, having been duly sworn, stated that any represehtatioQs therein
contained are true and correct.
Witness my hand and Notarial Seal this (:3'Cvday of May, 2003.
My Commission Expires:
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NOTARyJ~
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I am a resident of '() 00 'v\. Q... County
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Executed this
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day of April, 2003.
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PITTMAN PAR
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By: .~ ,;4 .
Steve A. Pittman
President
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STATE OF fNDIANA )
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COUNTY OF HAMILTON )
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, Subscribed andswom to before me, a Notary Public, in and for said County and
State personally appeared, Steve A. Pittman, the President of Pittman Partners, Inc. who
acknowledged the execution of the foregoing Commitments.
WITNESS my hand and Notarial Seal this 0tJ rl'f- day of April 2003.
My Commission Expires ~ . ~ . Plt1pf
Residing in ;i4/>11 t.,.-{i.#" COWlty
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EXHIBIT A
R-4 AREA ZONING DESCRIPTION
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in
Clay Township, Hamilton County, Indiana,
Commencing at the Northeast corner of the Southwest Quarter of Section 6, Township 17
North, Range 3 East; thence along the north line of said quarter section, South 89 degrees
56 minutes 26 seconds West a distance of 20.00 feet to the northwest corner of Park at
Weston Place, Section Three, recorded as Instrument No. 9736778, in Plat Cabinet 2,
slide 18, in the Office of the Recorder of Hamilton County, I ndiana, and the point of
beginning of the herein described tract; thence parallel with the east line of said quarter
and along the west line of Park at Weston Place, South 00 degrees 48 minutes 27
seconds West a distance of 665.32 feet to the northern line of The Village at Weston
Place, Section 2, as recorded as Ins~tum'ent No 9626949, in Plat Cabinet 1, slideS86, in
the Office of the Recorder of Hamilton County, Indiana (the next three calls being along
said northern line); (1) North 89 degrees 49 minutes 00 seconds West a distance of
711.52 feet; (2) South 00 degrees 48 minutes 27 seconds West a distance of74.91 feet;
(3) North 89 degrees 49 minutes 00 seconds West a distance ofA'37~80 feet; thence
parallel with the centerline of U.S. Highway 421, North 15 degrees 04 minutes 16 seconds
West a distance of 761.26 feet to the north line of said quarter; thence along the north line
of said quarter, North 89 degrees 56 minutes 26 seconds East a distance of 1357.69 feet
to the point of beginning, containing 20.000 acres (871,200.00 square feet).
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EXHIBIT B
B-2 AREA ZONING DESCRIPTION
A part of the of the Southwest Quarter of Section 6, Township 17 North, Range 3 East, in
Clay Township, Hamilton County, Indiana.
Commencing at the Northeast comer of the Southwest Quarter of Section 6. Townsnip 17
North, Range 3 East; thence along the north line of said quarter section South 89 degrees
56 minutes 26 seconds west a distance of 1377.69 feet to the point of beginning of the
herein described tract; thence parallel with the centerline of U.S. Highway 421 South 15
degrees 04 minutes 16 seconds East a distance of 761.26 feet to the northern line of The
Village at Weston Place, Section 2, as recorded as Instrument No 9626949, in P[at
Cabinet 1, slide 686. in the Office of the Recorder of Hamilton County, Indiana; thence
along said northern line. N9rth 89 degrees 49 minutes 00 seconds West a distance of
881.57 feet to said centerline; thence along said centerline, North 15 degrees 04 minutes
16 seconds West a distance of 757 _39 feet to the north line of said quarter section; thence
along said north line, North 89 degrees 56 minutes.26 seconds East a distance of 880.56
feet to the point of beginning. containing 14.826 acres (645811.09 square feet).
lJIMlTEDPOWEROFATTORNEO c: . rPY
The undersigned, Caroline Ford Penning!on, individually, residing at 6810 South Ford
Road, Zionsville, Indiana, and Betty Ford, as Executrix of the Estate of Donald L. Ford,
residing at 4490 West 121st Street, Zionsville, Indiana, hereby designate; make, constitute and
appoint Lawson J. Clark II, Attorney at Law, whose office is located at 45 North Pennsylvania
Street, Suite 301, Indianapolis, Marion County,. Indiana, as their true and lawful attorney in
fact, or agent, to act for them and in their name, place and stead, to represent and act for them
in all matters necessary or requisite to completion.of the Application for Re-zoning tiled by
Pittman Partners, Inc. currently pending before the Carmel Plan Commission under Docket
Number 32-03 Z and Docket Number 33-03 Z.' . .
With respect to Docket Number 32-03 Z.and Docket Number 33-03 Z, my attorney in
fact shall have full and complete authority to:
1. Review and approve any proposed Commitments Concerning The Use And
Development Of Real Estate which may be filed in conjunction with. the proposed
re-zoning of the real estate made the subject of Docket Number 32-03 Z and
Docket Number 33-03 Z; and
2. To take all other action necessary or: required to obtain final <Jpproval of tije
prop~sed re-zQ~ing at tJ;e real estate. made the subj~ct of Docket Number 32-03 Z
and Docket Number 33-03 Z.
The undersigned hereby ratify and confirm all that such attorney-i~-fact or agent shall
do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, the sai~arolyn Ford Pennington and Betty Ford haye
hereunto set their hands and seals this B day of May, 2003.
&~l)JML)~/V
Carolyn rd Pennington
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Betty Ford
ST ATE OF INDIANA )
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COUNTY OF BOONE )
Before me, a Notary Public in and for said County and State, personally appeared
Carolyn Ford Pennington and Betty Ford, and acknowledged the execution of the foregoing
instrument.
My Commission Expires:
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Witness my hand and Notarial Seal this ~ day of May, 2003.
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NOTARY DBLle
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I am a resident of OD-1\.. €...
County