HomeMy WebLinkAboutCommitments 11-14-03~V
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COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ES~ Q,TE NORF~F~j~~O
In accordance with and pursuant to LC. 36-7-4-1512, Brookview Properties, LLC, makes tie follownng~ ~~n~
commitments to the City of Carmel Common Council concerning the use and development of the +rea~s
estate described on Exhibit A attached hereto and incorporated e
herein by this reference (the "Real Estate"). ` ~ I
Statement of COMMITMENTS:
1. Upon obtaining all required permits and approvals, the developer shall cdnnect the Monon
Patio Homes development to the Monon Trail.
2. A sidewalk will be provided along the private interior street of the Monon Patio Homes
development and connect the residential units within the development to any sidewalk located on the
south side of 116th Street.
3. In the event that Brookview Properties, LLC or any other entity controlled by the members of
Brookview Properties, LLC becomes the owner of the approximately 7.65 ± acres of land located
immediately east and adjacent to the Real Estate, then such owner shall submit a proposed
development plan to the Donnybrook Homeowners Association for their review prior to filing any
application or petition for the rezoning or development of such adjacent real estate.
4. The interior street shall be constructed to conform with the following City of Carmel minimum
residential street standards:
1-inch H.A. Surface on
3-inches H.A. Binder on
9-inches Compacted Aggregate Base #53
5. In the event of any conflict or inconsistency between the terms and conditions of these
Commitments and the terms and conditions of the Monon Town Homes Planned Unit Development
District Ordinance (Ordinance No. Z-420-03), the terms and conditions of such Ordinance shall prevail
and be given controlling effect.
These Commitments shall be binding on the owner, subsequent owners of the Real Estate and other
persons acquiring any interest therein. These Commitments may be modified or terminated by the
governmental authority authorized to modify these types of Commitments under applicable law.
The undersigned agrees to record these Commitments in the Office of the Recorder of Hamilton
County, Indiana, and these Commitments shall be effective upon the adoption of Rezoning Petition
No. Z-420-03 and shall continue in effect for as long as the Real Estate remains zoned to the Monon
Town Homes Planned Unit Development District.
These Commitments may be enforced by the City of Carmel/Clay Township Plan Commission and/or
the City of Carmel Common Council.
Executed this day of , 2003.
BROOKVIEW PROPERTIES, LLC
By:
Title:
INIMAN2 779783v3
[' Y
~ STATE OF INDIANA )
SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared
the of Brookview
Properties, LLC, who acknowledged the execution of the foregoing instrument in such capacity.
Witness my hand and Notarial Seal this day of
Signature
Printed
County of Residence _
My Commission expires
2003.
This instrument was prepared by Joseph M. Scimia, Baker & Daniels, 600 East. 96`h Street.,
Suite 600, Indianapolis, IN 46240.
INIMAN2 779783v3
Exhibit A
Monon Patio Homes PUD
Legal Description
Beginning at the Northwest corner of the Northeast Quarter of Section 1, Township 17 North, Range 3
East, in Hamilton County, Indiana, thence East on and along the North line of the Northeast Quarter
Section, a distance of 33 feet to the East right-of-way line of the Monon Railroad as it is now located
and is the point of beginning;
Thence continuing Eastward on and along said North line a distance of 330 feet to a point; thence
South parallel to the West line of said Northeast Quarter Section a distance of 660 feet to a point, said
point being 6'/z feet North of the fence corner as it is now located; thence West and parallel with the
North line of said Quarter Section a distance of 37.125 feet to a point, said point being a distance of 6
'/z feet North of a fence corner as it is now located; thence South and parallel to the West line of said
Quarter Section a distance of 330 feet to a point, said point being marked by a fence post; thence
West and parallel to the North line of said Quarter Section a distance of 292.87 feet; thence North
990.10 feet to a point, said point being the point of beginning, all of said land is located in the
Northeast Quarter of Section 1, Township 17 North, Range 3 East in Clay Township of Hamilton
County, Indiana.
Except
Part of the Northeast Quarter (NE'/o) of Section 1, Township 17 North, Range 3 East, being more
particularly described as follows:
Beginning at a point in the North line of said Northeast Quarter Section, distance East 33 feet of the
Northwest corner thereof (the same being the East right-of-way line of the Monon Railroad); thence
East in and along said North line 157 feet; thence South 234 feet; thence West 159 feet to a point in
said East right-of-way line of the Monon Railroad; thence North in and along said East right-of-way
line of the Monon Railroad 234 feet to the place of beginning.
INIMAN2 779783v3