HomeMy WebLinkAboutCommitments RECORDED 03/02/2083 19:47 5743914 BRENWICK PAGE 02
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COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF
ECF \�E O D3 REAL ESTATE MADE IN CONNECTION WIT/I A REZONING el R
't1: n an with T.C. 36- 7- 40607, the owners of the real estate located along
DO S Towne Road in Clay Township, Hamilton County, Indiana, which is described on
A Exhibit A attached hereto and made a part hereof (the "Real Estate make the
following COMMITMENTS concerning improvements to Towne Road (the
"Improvements) in connection with the use and development of the Real Estate
along Towne Road in The Village of WestClay (the 'Development pursuant to
the WestClay Village Planned Unit Development District Ordinance adopted by
the Carmel City Council on January 4, 1999 (Ordinance No. Z- 330)(the
"Ordinance and the amended Primary Plat approved pursuant thereto.
STATEMENT OF COMMITMENTS
1. Towne Road Limits. These commitments are made in connection
with the one -half mile portion of Towne Road within the Development,
between 126 and 131 Streets.
2. Right -of -Way. Pursuant to the Development Plan approved as part
of the adoption of the Ordinance, Developer agrees to dedicate at no cost
to the Governmental Entity a 140' wide right -of -way along Towne
Road. A 150' wide right -of -way shall be dedicated within 300' of the
intersections with 126 and 131 Streets. The right -of -way shall be
centered along the alignment shown in the Development Plan.
3. Improvements. The Developer shall prepare a Construction Plan for
improvements to Towne Road for review and approval by the
Governmental Entity. Said improvements shall consist of the
construction of a northbound and a southbound lane divided by a
landscaped, uncurbed median, and all necessary storm sewer and other
utility improvements, Where possible, Developer will attempt to make
use of existing roadway surface, provided slope, pavement section and
drainage standards are met. Speed change lanes shall be provided at
intersections with streets within the Development, where warranted.
Whether a speed change lane is warranted, and the specific geometry of
any such lanes shall be determined by a traffic engineer based on traffic
conditions forecast in the traffic studies prepared and submitted in
connection with Ordinance Z -330 and vehicular turning data estimated
pursuant to the Development Plan. The Landscape Plan for Towne Road
shall conform to the landscape details contained within the Development
Plan and the overall landscape of the Development.
4. Timing. The Construction Plan shall be submitted to the
Governmental Entity upon requesting approval of the Secondary Plat for
any section of the Development Iocated west of Towne Road.
Construction of the Improvements shall begin within one (1) calendar
year of recording said Secondary Plat in the Office of the Recorder.
Consttiruction shall progress as expediently as possible.
2003 40020777
Fi le d for Record in
HR MI LTON COUNTY, INDI
JE NN IFER 3 HRYI7EN
O2 -28 -2073 12;18 pm.
MISC 17.00
03/02/2003 19:47 5743914 BRENWICK PAGE 03
5. 126 Street Intersection. The Developer shall construct a
roundabout intersection subject to assistance from the Governmental
Entity for the acquisition of the necessary right-of-way along the east
side of the intersection. Developer shall reimburse the Governmental
Entity for the estimated 45' half -right -way at said leg of the intersection.
The roundabout shall be similar in size to the roundabout in existence at
the intersection of 126 Street at Hazeldell Road. Developer shall rrnake
improvements to 126 Street insofar as they are warranted to construct
said roundabout.
6. 131 Street Intersection. The Developer shall make available
the necessary right -of -way within the Development for the City's
construction of a roundabout. The roundabout shall be similar in size to
the roundabout in existence at the intersection of 131 Street at
Hazeldell Road. Developer shall ensure the improvements discussed in
Section 3 herein are in harmony with the City's roundabout.
7. Construction Sureties. Prior to commencing construction of
the Improvements, the Developer shall post to the Governmental Entity
a surety, in the form of a construction bond or irrevocable unconditional
letter of credit, in the amount of the estimated cost of Improvements.
Said surety shall have an expiry date of no earlier than one (1) year after
delivery of said surety to the Governmental Entity. Surety shall be
returned, unclaimed, to the Developer upon completion of
Improvements and acceptance thereof by Governmental Entity.
8. Road Impact Fees. In the event an impact fee for road
infrastructure is imposed by the Governmental Entity pursuant to IC 36-
7-4 -1300 or any successor or replacement law, Developer shall be
entitled to a credit against any impact fee otherwise due in an amount
equal to the actual cost of Improvements and fair market value of the
dedicated right -of -way.
These COMMITMENTS shall run with the land, be binding on the owner, subsequent
owners of the real estate and other persons acquiring an interest therein. These
COMMITMENTS may be modified or terminated by a decision of the Carmel/Clay Plan
Commission made at a public hearing after proper notice has been given.
COMMITMENTS contained in this instrument shall be effective upon the approval of
rezoziingpetitnon .10 =02 =Z an shall continue in effect to each portion of the Real Estate
—for as- long as such`portioon remains zoned to the classification specified therefor in
petition 10 -02 -Z, or until modified or terminated by the Commission.
These COMMITMENTS may be enforced jointly or severally by:
03/02/2003 19:47 5743914 BRENWICK PAGE 04
I. The Carmel/Clay Plan Commission;
2. The City of Carmel, Indiana;
3. Hamilton County, Indiana; and
4. Owners of all parcels of ground adjoining the real estate to a depth of two
(2) ownerships but not exceeding six hundred sixty (660) feet from the perimeter
of the real estate, and all owners of real estate within the area included in the
petition who were not petitioners for rezoning.
The undersigned hereby authorizes the Department of Community Services of
Carmel /Clay Township, Hamilton County, Indiana to record these COMMITMENTS in
the Office of the Recorder of Hamilton County, Indiana, upon final approval of rezoning
petition 10 -02 -Z
[Signatures begin on following pages]
03/02/2003 19:47 5743914 BRENWICK PAGE 05
IN WITNESS WHEREOF, owner has executed this instrument this 13th day of
September, 2002.
BRENWICK TND COMMUNITIES, LL.0
U
George S 'ee o- Manage
[Organization Acknowledgment]
STATE OF INDIANA
SS;
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared George
P. Sweet, Co- Manager of Brenwick TND Communities, LLC, an Indiana limited liability
company, owner(s) of the real estate who acknowledged the execution of the foregoing
instrument and who, having been duly sworn, stated that any representations therein
contained are true.
Witness my hand and Notarial Seal this 13th day of September. 2002.
e
Signature
)1/Gn )0_ n. ffA;cA'
(Printed)
My Coi omission Expires: County of Residence
May 24, 2007 Hendricks
This instrument prepared by Tom Charles Huston, Attorney at Law, 12821 East New Market
Street, Suite 200, Carmel, Indiana 46032.
M: \shared\kreutz \westclay\zoning commitments September 2002
03/02/2003 19:47 5743914 BRENWICK PAGE 06
EXHIBIT A
Land Description Fortune Tract
A part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East, of the
Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more
particularly described as follows:
Beginning at the Northeast corner of said Southeast Quarter Section; thence South 00
degrees 11 minutes 59 seconds East (assumed bearing) along the east line of said
Southeast Quarter Section a distance of 2624.58 feet to the Southeast corner of said
Southeast Quarter Section; thence South 88 degrees 51 minutes 10 seconds West along
the south line of said Southeast Quarter Section a distance of 1351.40 feet to the
southeasterly corner of a tract of land as described in a Quitclaim Deed to Wendy M.
Fortune recorded as Instrument Number 8915090 in the Office of the Recorder of said
County to a point hereinafter referred to as "Point A (the following six courses being
along the easterly line of said tract of land) (1) thence North 01 degrees 08 minutes 50
seconds West a distance of 8.00 feet; (2) thence North 52 degrees 30 minutes 24 seconds
East a distance of 14.45 feet; (3) thence North 22 degrees 52 minutes 44 seconds East a
distance of 27.27 feet; (4) thence North 00 degrees 36 minutes 26 seconds West a
distance of 1453.10 feet; (5) thence South 89 degrees 13 minutes 03 seconds West a
distance of 107.69 feet; (6) thence North 00 degrees 00 minutes 53 seconds West a
distance of 1138.44 feet to the north line of said Southeast Quarter Section; thence North
89 degrees 13 minutes 03 seconds East along the notth line of said Southeast Quarter
Section a distance of 1443.58 feet to the Point of Beginning. Containing 83.433 acres,
more or less.
Also, part of the Southeast Quarter of said Section 29 being described as follows:
Commencing at the aforesaid "Point A" on the South line of said Southeast quarter;
thence South 88 degrees 51 minutes 10 seconds West along said South line a distance of
627.23 feet to the Point of Beginning at the Southwest corner of the land described in a
deed to Wendy Fortune (Instrument Number 8915090, Office of the Recorder of
Hamilton County, Indiana); thence continuing South 88 degrees 51 minutes 10 seconds
West along said South line a distance of 668.05 feet to the Southwest comer of said
Southeast quarter; thence North 00 degrees 24 minutes 33 seconds West along the West
Iine of said Southeast quarter a distance of 1437.39 feet to a point distant 1203.96 feet
South of the Northeast corner thereof; thence North 88 degrees 29 minutes 35 seconds
East a distance of 658.94 feet to a westerly corner of the aforesaid Fortune tract; thence
South 00 degrees 46 minutes 26 seconds East along the West line thereof a distance of
1441.43 feet to the Point of Beginning. Containing 21.923 acres, more or less.
83/02/2003 19:47 5743914 BRENWICK PAGE 01
BRENWICK
FROM Jose Kreutz
DATE: March 2, 2003 TO: Jon Dobosiewicz
8
NUMBER OF PAGES (INCLUDING COVER SHEET); 6
RECIPIENT FAX NUMBER: 571.2426 RECFIVED
3 2003
IF ALL OF THESE PAGES ARE NOT RECEIVED, PLEASE CALL: (317) 574 3400
DOCS
COMMENTS:
s
Jon
For your files. enclosed please find a copy of the recorded zoning commitments made in
connection with the last round of changes at WestClay.
Call if any questions!
Jose
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BRENWICK
The Village of WestClay 12821 East New Market Street, Suite 200 Carmel, Indiana 46032
317.574 -3400 317.574.3919 fax www.Brenwick.cotri