HomeMy WebLinkAboutCommitments DRAFT 11
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COMMITMENTS CONCERNING THE
USE AND DEVELOPMENT OF REAL ESTATE _gy'
The undersigned, CENTEX HOMES, a Nevada general partnership, (h 4j`410
"Developer the Contract Purchaser of the following described real estate located in Hamilton,_
County, Indiana (hereafter "Real Estate makes the following Commitments Concerning the
Use and Development of Real Estate to the Carmel /Clay Plan Commission "Commission
1. Description of Real Estate. See Exhibit "A" hereto "Real Estate
Docket 000 ft 6 3P P (-The Trails -at Hayden J
3. Statement of Commitments. Developer shall:
(i) Widen the one -half of the right -of- way adjacent to the Real Estate of
West 141 Street with three (3) feet of pavement and three (3) feet of stone
shoulder to the existing pavement (the "Widening Improvements and
(ii) Pay the Carmel Department of Community Services "DOCS the sum
of (x) $11,117.11 in lieu of constructing a 36' foot wide street north and south
through The Trails at Hayden Run and (y) $45,286.30, in lieu of widening 141s
Street by seven (7) feet with chairback curbs (together, the "Cash Contribution
Prior to recording a secondary plat with respect to the Real Estate, Developer
shall pay DOCS a pro rata portion of the Cash Contribution in an amount equal
to the Cash Contribution divided by the total number of lots in the Primary Plat
(as hereafter defined) times the number of lots shown on the secondary plat for
which approval was received. DOCS shall apply the Cash Contribution to such
roadway improvements within a one -mile radius of the Real Estate as DOCS may
determine.
The roadway improvements provided for and contemplated by these
commitments require and are subject to the approval of the Hamilton County
Highway Department/Hamilton County Commissioners.
4. Binding on Successors and Assigns. These commitments are binding on the
Developer of the Real Estate, each subsequent Owner of the Real Estate, and
each other person acquiring an interest in the Real Estate from Developer. These
commitments may be modified or terminated only by a decision of the
Commission made at a public hearing after notice as provided by the rules of the
Commission. The foregoing notwithstanding, these commitments shall terminate
upon the recordation of the first secondary plat with respect to the Real Estate.
5. Effectiveness. These commitments are a condition to the approval by the
Commission of the Primary Plat under Docket -03 PP "Primary
Plat and the approval of a Secondary Plat for all or part of the Real Estate,
pursuant to the Primary Plat, shall be subject hereto.
6. Recording. The undersigned hereby authorizes the Secretary of the Commission
or the Director of the Department of Community Services to record these
commitments in the Office of the Recorder of Hamilton County, Indiana, prior to
the recordation of the first approved Secondary Plat for all or a part of the Real
Estate.
7. Enforcement. These commitments may be enforced by the Commission and City
of Carmel, Indiana.
Executed this 24'" day of 0� Y 200
CENTEX HOM a N ad gerieral partnership
By:
?a.ef ot,rs- Zr••) -Us b (kJ 1 5Leg.
Its: .r.ormy k. M
By: Is..0 net C iu►n .e.r
F eted r -1 4-0 owes ..11S"
(printed name and title)
STATE OF INDIANA
1l SS:
COUNTY OF�)
Subscribed and sworn to before ITN, a No ary Public in and for said County and State,
appeared he V 4141\ kit( j j of Z the
of Centex Homes, a Nevada general partnership, and acknowledged the executed of the foregoing
Commitments Concerning the Use and Development of Real Estate for and on behalf of Centex
Homes, a Nevada general partnership. °,iSi /f /'rr
WITNESS my hand and Notarial Seal this ,�O�day of 1 O,•••
ill
My Commission Expires:TaNarq 3 C461 y A
to rin ted Nota Pubic �J Coun (p ry /4 ;7,7" b llAl �y,0
Residing in County
This Document Prepared by David R. Warshauer, Barnes Thornburg. 11 South Meridian
Street, Indianapolis, IN 46204
INDS01 DRW 581736v3
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The Southeast Quarter of the Northwest Quarter of Section 20, Township 18 North,
i' R ange 3 East, Hamilton County, Indiana, being more particularly described as follows:
'r' Beginning at the stone marking the southeast corner of said quarter section; thence
South 89 degrees 34 minutes 08 seconds West, along the south line of said quarter
section, 1,325.79 feet to the west line of said quarter-quarter section; thence North
0 degrees 00 minutes 43 seconds West, along said west line, 1,314.94 feet to the north
line of said quarter-quarter section; thence North 89 degrees 32 minutes 26 seconds
East, along said north line, 1,325.52 feet to the east line of said quarter-quarter
section; thence South 0 degrees 01 minutes 26 seconds East, along said east line,
1,315.59 feet to the point of beginning and containing 40.026 acres, more or less.
Subject to right of way for 141st Street along the entire south side thereof. Also
subject to all other legal easements and rights of way of record.
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5/8/2003
Trails at Hayden Run Section 1
7' Widening w/ Chairback Curb Estimate
Description Quantity Unit Unit Price Total
Subgrade Preparation 735 SY $2.30 $1,690.50
12" #53 Comp. Agg Stone 735 SY $7.86 $5,777.10
4" HAC Binder #9 735 SY $6.55 $4,814.25
1" HAC Surface #11 735 SY $2.31 $1,697.85
Chairback Curb Gutter 1095 LF $6.35 $6,953.25
Hamilton County Inspection Fees 1 LS $2,230.29 $2,230.29
Storm Inlet 4 EA $1,581.69 $6,326.76
Storm Manhole 1 EA $1,193.40 $1,193.40
12" RCP Class III Pipe 850 LF $17.95 $15,257.50
12" Concrete End Section 1 EA $275.40 $275.40
Credit 3' Stone Shoulder 930 LF ($1.00) ($930.00)
Total Engineers Estimate $45,286.30
5/6/2003
Trails at Hayden Run Section 1
6' Widening Engineer Estimate
Description Quantity Unit Unit Price Total
Subgrade Preparation 873 SY $1.37 $1,196.42
5" #2 Stone Agg Base 873 SY $2.09 $1,825.20
2.5" #53 Stone Agg Base 873 SY $1.28 $1,117.82
1.5" #53 Stone Agg Base 873 SY $0.77 $672.44
3" HAC Binder #9 873 SY $4.91 $4,287.90
1" HAC Surface #11 873 SY $2.31 $2,017.32
Total Engineers Estimate $11,117.11
Additional Hamilton County Hwy Inspection Fees would not be incurred due to widening
the street to 36' wide, in lieu of 30'.