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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Towne East Development, LLC (the "Developer makes the following commitments to
the Carmel Plan Commission (the "Plan Commission regarding the use and development of the
following described real estate (the "Real Estate located in Hamilton County, Indiana:
Section 1. Description of Real Estate:
See attached Exhibit "A
Section 2. Petitions: 06090041 PP, 06100025 SW and 06100026 SW
Section 3. Statement of Commitments:
These commitments shall run with land, be binding on the Developer of the Real Estate,
subsequent owners of the Real Estate and other persons acquiring an interest therein.
A. Homes built on the Real Estate shall comply with the architectural standards
attached hereto as Exhibit "B."
B. The Developer agrees to work with Brenwick Development to provide a trail
connection from the Towne Oak Estates cul -de -sac to the existing north/south trail
along the eastern property line of the Real Estate. In the event that the Developer is
not able to reasonably make the trail connection as described in the preceding
sentence, the Developer agrees to provide a trail connection to the same pedestrian
trail at an alternative location on the Coxhall Gardens property, providing such
connection is desired by the Hamilton County Parks Recreation Department.
C. The Real Estate shall be developed in accordance with the tree protection guidelines
attached hereto as Exhibit "C
Section 4. Modification of Commitments
These commitments may be modified or terminated only by a decision made at a public
hearing after notice has been given in accordance with the Plan Commission's Rules of
Procedures.
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Section 5. Effective Date
The commitments contained herein shall be effective upon the approval of Petitions
06090041 PP, 06100025 SW and 06100026 SW and shall continue in effect until
modified or terminated by the Carmel Plan Commission.
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Section 6. Recording
The undersigned hereby authorizes the Secretary of the Plan Commission to record these
commitments in the Office of the Recorder of Hamilton County, Indiana, upon approval
of Petitions 06090041 PP, 06100025 SW and 06100026 SW.
Section 7. Enforcement
These commitments may by be enforced b the Carmel Plan Commission.
IN WITNESS WHEREOF, Towne East Development, LLC, has caused this commitment to be
executed as of the day of 2006.
Towne East Development, LLC
By:
Ric Huffman, Member
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Ric Huffman, who having been duly sworn acknowledged the execution of the
foregoing Commitments.
Witness my hand and Notarial Seal this day of 2006.
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My Commission Expires: Notary Public
1
Printed
Residing in County
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law: Matthew S. Skelton.
This instrument prepared by: Matthew S. Skelton, Attorney at Law, Baker Daniels, LLP, 600
East 96t Street, Suite 600, Indianapolis, Indiana 46240, (317) 569 -9600.
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