HomeMy WebLinkAboutCommitmentsMAY -20 -2005 1604 3179 741238 P.02
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COACOrrMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Buckingham Properties, Inc. (hereafter, "Buckingham the contract purchaser of the real
estate located in Hamilton County, Indiana, and described in what is attached hereto and
incorporated herein by referenced as Exhibit "A" (the "Real Estate makes the following
Commitments (the "Commitments to the Plan Commission of the City of Carmel (the "Plan
Commission and the Common Council of the City of Cannel, Indiana (the "Council for the
Traditions on the Monon Planned Unit Development Ordinance.
Section 1 Cross Reference These Commitments are made in connection with approvals
obtained under Docket Numbers 04070034Z PUD and Ordinance No. Z4454 -04.
Section 2 Exhibits The following exhibits are attached hereto and incorporated herein by
reference:
Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the
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legal description of the real estate (the "Real Estate
Exhibit "B Attached hereto and incorporated herein by reference as Exhibit "B" is the
conceptual site plan (the "Site Plan
Exhibit "C" Attached hereto and incorporated herein by reference as Exhibit "C" is the
Site Plan which depicts by a gray shaded area a portion of the Real Estate Buckingham
agrees and consents to dedicate to the City of Carmel to accommodate the Cool Creek
Trail Extension to the Monon Trail (the "Land Dedication
Section 3 Definitions Different words and terms am defined throughout these
Commitments and, further, the following definitions shall apply throughout these Commitments:
1. Developer The term "Developer" shall mean and refer to Buckingham and its successors
and assigns.
2. Cool Creek Trail Extension The teen "Cool Creek Trail Extension" shall mean and refer
to an extension shown on Exhibit "C" which depicts a trail extension which runs east to
west and adjoins the Monon Trail on its eastern border. The Cool Creek Trail Extension
does not currently exist. The City of Carmel intends to construct this Cool Creek Trail
Extension on the Real Estate as depicted on Exhibit "C" or, in the alternative, the City of
Carmel may decide to construct the Cool Creels Trail Extension north of the Real Estate.
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APPENDIX C TO DECLARATION C -2
TRADITIONS ON THE MONON
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Section 4 Commitments The Developer agrees and commits to the following:
1. To pay to the City of Carmel a sum not to exceed Eight Thousand Dollars ($8,000.00)
toward participation in the cost the City of Carmel shall incur in constructing the Cool
Creek Trail Extension; and
2. To grant to the City of Carmel an access easement for construction of the Cool Creek
Trail Extension and a perpetual access easement for ingress and egress to the Cool Creek
Trail Extension, if the Cool Creek Trail Extension is constructed on the Real Estate. The
Developer agrees and commits to execute the necessary documents in order to complete
the grant of easements described herein; and
3. The City of Carmel Parks Department may request that the Developer dedicate, in fee
simple, to the City of Carmel the area crosshatched on Exhibit "C' and generally located
north of Cool Creek to the northern perimeter boundary of the Real Estate to be utilized
by the City of Carmel Parks Department for a public park area. The Developer agrees
and couunits to execute the necessary documents in order to complete the Land
Dedication, as described above.
Section S Binding on Successors
These Commitments are binding on the Developer, the owner of the Real Estate, each
subsequent owner of the Real Estate, and each other person acquiring an interest in the Real
Estate, unless modified or terminated by the Commission. These Commitments may be modified
or terminated only by a decision of the Plan Commission after a public hearing wherein notice as
provided by the rules of the Plan Commission has been made. The provisions of this paragraph 5
notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate
hereafter reclassified (rezoned) from Ordinance No. Z- 464-04 on the Town's Official Zone Map
to another zoning classification.
Section 6 Effective Date
The Commitments contained herein shall be effective upon the occurrence of all of the following
events:
1. The adoption of an ordinance by the City Council of Carmel, Yndianaassigning the
requested Traditions on Monon PUD classification to the Real Estate pursuant to
Ordinance No. Z- 464 -04;
2. The acquisition of the Real Estate by the Developer or its successors and assigns; and
APPENDIX C TO DECLARATION C -3
TRADITIONS ON THE MONON
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3179741238 P.04
3. The commencement of the development of the Real Estate in accordance with the
assignment of the requested Traditions ou Monon PUD classification pursuant to
Ordinance No. Z- 464 -04.
S ection 7. Recording
The undersigned hereby authorizes the Secretary of the Commission to record these
Commitments in the Office of the Recorder of Hamilton County, Indiana.
Section 8 Enforcement
These Commitments may be enforced by the Commission and the City Council of Carmel,
Indiana and any property owne within or immediately adjacent to the Real Estate.
IN TTNESS wBEREOF, VIA
1V ViA t.. L AU04 has caused these Commitments to be
executed as of the date fast written above.
STATE OF INDIANA
SS:
COUNTY OF MAR10N
BUCKINGHAM PROPERTIES, INC.
By:
Coln David E. Leazenby, Vice President
Before me the undersigned, a Notary Public in and for said County and State, personally'
appeared David E. Leazenby, the Vice President of Buckingham Properties, Inc., and having
been duly sworn, acknowledged execution'of the foregoing Commitments.
Witness my hand and Notarial Seal this day of Dec MYe" 2004.:..
M Commission Expires:
'L No Publi(; 1
Residing in yW1. 0 County
Printed Name
Prepared 13y: James E. Shinaver, Nelson Frankenberger, 3105 East 98' Street, Suite 170,
Indianapolis, IN 46280.
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APPENDIX C TO DECLARATION C4
TRADMONS ON THE MONON
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3179741238 P.05
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MUMIT "A"
Pan of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Connnencing at the Southeast corner of the Southeast Quarter of Section 24, Township 18 North, Rango 3 East in
Hamilton County, Indiana: thence South 88 degrees 23 minutes 47 seconds West (assumed beating) on and along
the South line of said Southeast Quarter 307.68 feet to the Southwest corner of feel estate conveyed to Tolpygin per
deed recorded is the Office of the Hamilton County Recorder as Instrument Number 2002 -2496 Tolpygin parcel)
and the POINT OF BEGINNING of this description; thence continuing South 88 degrees 23 minutes 47 seconds
West 480.21 feet to a point on the East right -of -way line of the Monon Railroad and the point of curvature of a
curve to.the left having a radius of 1983.00 feet; thence northwesterly on and along said curve an arc distance of
957.33 feet to the' Southwest comer of real estate conveyed to the Carmel Ccrnetery Association (Cemetery Pam])
per decd recorded in the Office of the Hamilton County Recorder in Deed Book 278, Page 370; thence North 88
degrees 23 ininutos 47 seconds Last on and along the South line of said Cemetery Parcel 343.14 feet to a point out
the Wosi line of The Ritte r s H.P.K. recorded In the Office of the Hamilton County Recorder in Plat Cabinet 2,
Slide 562; thence South 00 degrees 11 minutes 45 seconds West on said West line 145.77 feet to the Southwest
corner of said Ritte es H.P.R.: thence the following six (6) calls on and along the South line of said Riuces FLP.R.
1.) North 79 degrees 59 minutes 29 seconds Fast 170.0 feet; 2.) South 81 degrees 08 minutes 47 seconds Past 71A1
feet, 3.) North 67 degrees 57 minutes 12 seconds Fast 4454 foot; 4.) North 88 degrees.12 minutes 49 seconds East
101.88 feet; 5,) Nortb 57 degrees 13 minutes 24 seconds East 69.78 feet; 6.) South 60 degrees 35 minutes 56
seconds Fast 55.18 feet; their= South 00 degrees 21 minutes 44 seconds Last 409.53 feet to the Southwest. corner
of teal estate conveyed to Leppert Hensley Mortuary Crematory, Inc. (Mor'nrary Parcel) per deed recorded in the
Office of the Hamilton County Recorder as instrument Number 2002 61980; thence North 88 degrees 23 minutes
47 seconds Past on and along the Smith line of said Mortuary Parco1270.10 feet to a point on the East line of said
Southeast Quarter; thence South 00 degrees 21 minutes 44 seconds East on and along said Bast line 50.00 feet
thence South 88 degrees 23 minutes 47 seconds West 175.87 feet to a point on the Northwest corner of teal estate
conveyed to P.S.I. per deed recorded in the Ofrrce of the Hamilton County Recorder as Deed Record 231, Page 168
and the point of curvature of a curve to the left having a radius of 1903.08; thence southerly on and along said
curve an arc distance of 358.64 feet to the POINT OF BEGINNING, containing in all 12.2lacres. more or less.
Subject to the Right -of -way of 136' Street
Subject to the Right-of-way of Range Line Read
Subject to the Right -of -way of the Monon Railrowl.
Subject to the Right -of -way of tho Follett Morrow Legal Drain EascmcnL
Subject to all legal easements, rights -of -way. covenants, and restrictions.
*Note: This description bas been prepared based upon inst uctlons from the client and limited field observations by
Mid- States Engineering, I.LC. A boundary survey has not been performed by Mid- Stateia Engineering, LL,C on the
above described area per Indiana Survey Standards as defined in Title 865, Article 1, Rule 12 of the Indiana
Administrative Codo. In no event will Mid States Engineering. LLC, its employees, agents, and/or assigns be
liable for any damages arising out of the furnishing and/or use of this description.
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APPENDIX C TO DECLARATION C -5
TRADITIONS ON THE MONON
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APPENDIX C TO DECLARATION C-6
TRADITIONS ON THE MONON
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APPENDIX C TO DECLARATION C-6
TRADITIONS ON THE MONON
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APPENDIX C TO DECLARATION C-6
TRADITIONS ON THE MONON
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APPENDIX C TO DECLARATION C-7
TRA DMONS ON THE MONON
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