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Home My WebLink AboutCommitmentsCAMPBELL KYLE PROFFTTT LLP ATTORNEYS AT LAW JOHN M. KYLE JOFIN D. PROFFITT ROBERT F. CAMPBELL JEFFREY 5. NICKLOY DEBORAH L. FARMER WILLIAM E. WENDLING, JR. ANNE HENSLEY POINDEXTER ANDREW M. BARKER MICHAEL A. CASAT7 JOHN 5. TERRY RODNEY T. SARKOVICS SCOTT P. WYATT AMY E. HIGDON ALLYSON R. BREEDEN ORVAL P. SCHIERHOLZ April 12, 2004 John R. Molitor 9465 Counselors Row, Suite 200 Lidianapolis, Indiana 46240-6150 Re: Earlham College and Carmel Clay Plan Commission Dear John: FRANK S. CAMPBELL (I880~1964) FRANK W. CAMPBELL (1916-1991) Enclosed please find the Commitment my client executed. Please return a fully executed copy back to meat your earliest convenience. `/ If you have any questions please contact me. WEW/acs Enclosure oa)sv-ooz L~ .~. i.i Sincerely, ___'_ CAMPBELL KYLE PROFFITT LLP 7 Jc_Q~ l~ ~. ~~~ ~ .~- William E. Wendlmg, Jr. 650 East Carmel Drive Suite 400 Carmel, Indiana 46032 (317) 846.6514 FAX (317) 843-8097 ~~~ ~~~~~ ~- Cross Reference: Deed dated and recorded on , _ as Instrument No. in the Office of the Recorder of Hamilton County, Indiana. FIRST RENEWED COMMITMENT CONCERNING THE USE OF REAL PROPERTY INCIDENT TO POSTPONEMENT OF PLAN COMMISSION HEARING The undersigned, Eazlham College ("Earlham") hereby makes the following commitment to the Carmel Plan Commission ("Commission") incident to the Commission's approval of a motion to continue or postpone its public hearing of Docket No. 105-03 Z, comprising a proposal to change the zone maps incorporated by reference into the Carmel Zoning Ordinance in respect to certain real estate owned by Earlham which is located in Clay Township, Hamilton County, Indiana, and described on the attached Exhibit A incorporated herein, and which real estate is herein referred to as the "Eazlham Property." This replaces, terminates and supersedes the document entitled "Commitment Concerning the Use of Real Property Incident to Postponement of Plan Commission Hearing" and signed on behalf of Earlham in 2003. I. General Restriction on Development. Earlham shall not file any of the following types of proposals with the Commission: (a) Primary Plat, seeking the approval of a subdivision of any or all of the Eazlham Property pursuant to the Carmel Subdivision Control Ordinance. (b) Subdivision Waiver, seeking the approval of a waiver of any the provisions of the Carmel Subdivision Control Ordinance. (c) Comprehensive Plan Amendment, seeking the amendment of the Carmel Comprehensive Plan in respect to the Earlham Property. (d) Ordinance Amendment, seeking an amendment to the Zoning Ordinance or Subdivision Control Ordinance as it may apply to the Eazlham Property. (e) Rezoning, seeking an amendment to the zone maps incorporated by reference into the Carmel Zoning Ordinance in respect to any or all of the Eazlham Property. 2. Effectiveness. This commitment shall be effective from and after the approval of a motion by the Commission, pursuant to Article VIII, Section 8 of its Rules of Procedure, to continue and/or postpone its public hearing of Docket No. 105-03 Z until the Commission's regulaz monthly meeting for the month of June, 2004, so long as the Commission shall take no action to schedule or conduct the public hearing of Docket No. 105-03 Z (or any similaz proposal seeking an amendment to the zone maps in relation to the Eazlham Property) before the month of June, 2004. 3. Expiration. This commitment shall expire on July 30, 2004, or earlier in the following circumstances: (a) In the event that the Commission re-heazs Docket No. 105-03 Z on June 15, 2004, or on such other date on which the Commission may hold its regulaz monthly meeting for the month of June, 2004, but fails to certify Docket No. 105-03 Z to the Common Council of the City of Carmel before the end of such month -June 30, 2004; (b) In the event that Docket No. 105-03 Z is withdrawn from consideration before June 15, 2004 -the date of such withdrawal; (c) In the event that the Commission re-hears Docket No. 105-03 Z during the month of June, 2004, and certifies Docket No. 105-03 Z to the Common Council of the City of Carmel for a vote by that legislative body on the proposal under IC 36-7-4-608(e) -the date on which the proposal is ultimately adopted or rejected pursuant to IC 36-7-4- 608(f) or (g), but not later than July 30, 2004; or (d) In the event that the Commission fails to execute (with attestation and notarization) the attached "Approval of Commitment" and to have it delivered to counsel for Earlham by May 3, 2004, then the expiration shall be on May 3, 2004. 4. Binding Effect. This Commitment is binding on Earlham as the current owner of the Eazlham Property, each subsequent owner thereof, and each person acquiring an interest therein, until its expiration date as determined pursuant to paragraph 3 above, unless modified or terminated by the Commission or its successor pursuant to this paragraph 4. Except as provided in pazagraph 3 above, this Commitment may be modified or terminated only upon (a) petition by Eazlham, and (b) approval by the Commission after notice and heazing pursuant to the Commission's Rules of Procedure. Until it expires pursuant to paragraph 3 above or is modified or terminated pursuant to this pazagraph 4, this Commitment shall be enforceable by the City of Carmel or the Commission by injunctive relief, denial of building permits or approval, or other appropriate administrative or judicial remedy, provided that any such relief, denial, or other remedy is related to the Eazlham Property and to some effects or harm from a breach or violation of the Commitment by Eazlham. In any proceedings to modify or terminate the Commitment, notice of hearing shall be given to the owners of property as required by the Carmel Zoning Ordinance and the Commission's Rules of Procedure. 5. Recording. The undersigned authorizes the Director of the Department of Community Services of the City of Carmel to record this Commitment in the Office of the Recorder of Hamilton County, Indiana, A copy of this Commitment shall be delivered to Eazlham by the Department of Community Services after it is recorded by the Recorder of Hamilton County. 6. Recording Following Expiration or Termination. Within 14 days immediately following the expiration or termination of this Commitment, the Director of the Department of Community Services of the City of Carmel shall authorize and cause to be made the filing of a "Statement of Termination of Commitment" in the office of the same Recorder, in the same fashion, and with respect to the same property as refen•ed to above. That Statement shall state that the previously recorded Commitment (identified by date and location in the record) has been terminated or has expired and is no longer of any force and effect. Dated this $thday of April ~nnn (title) State of~~' County of ~~' SS: Executed d ac owledged before me, a Notary Public in and for said County and State this ~ day of ~~~1 ~ , 2004. (1 ,,.~~~-~~ _ J_ f,,-, =`~ `\, _ =A; r = ,~-,,,, ~" My ommission Expires: G Notary Public Resident of ~~ / County, ~ J'1 ~[-Grin~~ 3 President Its: -. APPROVAL OF COMMITMENT BY CARMEL PLAN COMMISSION foregoi Commitment is hereby approved by the Carmel Plan Commission thi~ day of , 2004. CARMEL PLAN COMMISSION By: -~.~ , (signature) lea ~sCl~~i1w/ Its: ATTI By: Its: State of Indiana, County of Hamilton, SS: (printed name) 1 (title) 7Jl- F ecuted/jand ackn//owledged before me, a Notary Public in and for said County and State this ' ay of , 2004. ' .- _ - ~/ S. //i ec ,Notary Public -' - -- : ~ `' My Commission Expires: Resident of Hamilton County, Indiana 7~ This instrument prepazed by John R. Molitor, Attorney at Law, 9465 Counselors Row, Suite 200, Indianapolis, Indiana 46240. EXHIBIT A Leal Description All that land lying west of White River in Section 22, Section 23 and Section 24 in Township 18 North, Range 4 East in Hamilton County, Indiana, as described in a deed recorded in Book 185, page 339 in the Office of the Recorder of said Hamilton County, except that portion thereof described in a deed to Carmel Clay Schools recorded as Instrument Number 9609651829 in said Recorder's Office and also except that portion of 146th Street and River Road described in a deed to the Board of Commissioners of Hamilton County, Indiana, recorded as Instrument Number 200100065741 in said Recorder's Office. Containing after said exceptions 696 acres, more or less. Also identified as Tax Parcel ID Nos.: 17-10-24-00-00-001.000 17-10-23-00-00-001.000 17-10-22-00-00-011.000