HomeMy WebLinkAboutVOWC Zoning CommitmentsCross References: 9909928950, 9909928951, 9909928952,
9909928953 ,9909928954,9909928955 and 200300020777
DECLARATION REGARDING
ZONING COMMITMENTS
The City of Carmel, Indiana by and through its Departments of Community Services and
Engineering, "City hereby declares:
I. Pursuant to certain Commitments Concerning the Use or Development of Real Estate
Made in Connection with a Rezoning made in connection with the adoption of the WestClay Village
Planned Unit Development District Ordinance (Ordinance No. Z -330) (as amended, the "Ordinance')
pursuant to rezoning petition 17 -98 -Z in January 1999 Z and recorded in the Office of the Recorder of
Hamilton County, Indiana, in counterparts, as Instrument Nos. 9909928950, 9909928951, 9909928952,
9909928953, 9909928954, 9909928955 (the "Original Commitments Brenwick TND Communities,
LLC agreed to contribute certain Infrastructure Improvements (as that term is defined in the Original
Commitments).
2. Pursuant to certain Commitments Concerning the Use or Development of Real Estate
Made in Connection with a Rezoning made in connection with the adoption of the certain amendments to
Ordinance pursuant to rezoning petition 10-02 -7, and recorded on February 28, 2003 as Instrument No.
200300820777 in the Office of the Recorder of Hamilton County, Indiana (the "2003 Commitments
Brenwick agreed, inter alia, to improve Towne Road between 126 Street and 131" Street with a
northbound lane and southbound lane, utilizing where possible the existing roadway surface, and by
installing a landscaped, uncurbed median between north and southbound lanes of that portion of Towne
Road.
3. On June 27, 2006, Brenwick and the City entered into a Memorandum of Understanding
(the "Memorandum pursuant to which they agreed that as a result of the actual or scheduled completion
of certain of the Infrastructure Improvements or other improvements in lieu thereof (including
roundabouts or other enhancements to the originally planned Infrastructure Improvements) by Brenwick,
the City or Hamilton County, Indiana, (i) certain of the Infrastructure Improvements were no longer
necessary and in the public interest, (the "Completed or Scheduled Improvements and -(ii) that it was in
the public interest that Towne Road be improved to a greater extent than provided in the 2003
Commitments, with Brenwick constructing two (2) outer lanes (the "Outer Lanes") and contributing Eight
Hundred Forty -Two Thousand Dollars ($842,000.00) of the Original Commitments applicable to the
Completed or Scheduled improvements (the "Remaining Amount to the construction of two (2) inner
lanes (the "Inner Lanes between 126 and 131" Street, and with a roundabout at Glebe Street (the
"Glebe Rotmdabout
4. Brenwick has completed construction of (i) a roundabout at Towne Road and 126`' Street
as required by the 2003 Commitments, (ii) the Outer Lanes as required by the Memorandum and (iii) the
Inner Lanes and Glebe Roundabout utilizing the Remaining Amount as required by the Memorandum.
5. Based upon the foregoing, the City and Brenwick hereby declare and agree that Brenwick
has fulfilled its obligations under the Memorandum and as a result has satisfied its obligations with
respect to the infrastructure Improvements as provided in the Original Commitments, and with respect to
Towne Road, 126" Street and 131 Street as provided in the 2003 Commitments.
THE QTY OF CARMEL, INDIANA by and
DEPARTMENT OF COMMUNITY SERVY
By:
(sign)
(printed name}
Its:
(title)
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me a Notary Public in and far id County and State, personally appeared
f rchaU P 116711,Vu ah the .6X'S �11� ?C Gr of the City of Carmel, Indiana by and
through its Department of Community Services, who acknowledged the execution of the foregoing for
and on behalf of said entity, and who, having been duly sworn, stated that any representations therein
contained are true.
Witness my band and Notarial Seal this of Q Qt2LVWz 1 2007.
My Co ssiorl Expires: No Public Res' g County, Indiana
�ll� 11 �usAn1
(Printed S i gnature
'ra
THE CITY OF CARMEL, INDIANA by and through its
DEPARTMENT OF ENGINEERING
B
(signature)
A L G�
(printed name)
Its: GrTy tE� #j6f a
(tide)
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
`721- 7- the of the City of Carmel, Indiana by and
through its Department of Engineering, who ackn the execution of the foregoing for and on
behalf of said entity, and who, having been duly sworn, stated that any representations therein contained
are true.
Witness my hand and Notarial Seal this -L4--� day of 2007.
1,—.e ZZ A,4�
My Commission Expires: Atary Ablic Residing in County, Indiana
(Printed Si ature)
I affirm under the penalties of perjury, that I have taken reasonable care to redact each Social
Security Number in this document, unless required by law. David R. Warshauer
This instrument prepared by David R. Warshauer, Attorney -at -Law
Barnes Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204.
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