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HomeMy WebLinkAboutApplication - revised 12-01-10Petition to modify Commitments made in a previous petition Fee: $1,155.50 (Note: fees are due after the application receives a docket number, and not before.) Date: November 19, 2010 1 Docket No.: 10110007 CA N ame e f o wner: BCE Associates II, LLC Phone No.: 317 846 7311 Owner' s Address: 14300 Clay Terrace Boulevard, Suite 244 City, State, P Carmel, IN 46032 O Contact Person Name and Company: Bryan D. Stumpf Contact Person Phone Na, Fax No., Email: (317) 669-8557 (317) 582-2452 stumpfb@estridge.net Contact Person Address: 14300 Clay Terrace Boulevard, Suite 244, Carmel, IN 46032 Record of Ownership: Deed Book: See Exhibit A p age: COMMITMENT AMENDMENT APPLICATION Legal Description (Use additional page[s] if necessary): See Exhibit A Common Address ofProperty Involved (or General Description if no Address Exists): See Exhibit B Detailed Description of the Modification of Commitments requested: See Exhibit C Filename: Commitment Amend 2010 Revised 12/28/2009 317 582 2452 Fax No.: Owner's Email: SW m pfb@estridqe.n et Purchase Date: (I/W e), being duly sworn, depose and say that (I/W e) (am/are) the (owner(s)) of Fifty Percent (50 or more of the property involved in this application and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my or our) knowledge and belief Si ature Signature Joseph Harrell R. Joseph Harrell (typed or printed) (typed or printed) 14300 Clay Terrace Blvd., Suite 244 Address Carmel, IN 46032 City, State, ZIP The applicant, correspondent, or agent (i Name (317) 669-8557 Telephone November 19, 2010 State of Indiana (printed or typed) Date Date County of Hamilton Before me the undersigned, a Notary Public for Hamilton (officers county of residence) County, State oflndiana, personally appeared R. Joseph Harr and (name of person(s)) acknowledged the execution of the foregoing instrument this 19th day of November 20 10 Molly C. Johnson SS: AFFIDAVIT Filename: Commitment Amend 2010 Revised 12/28/2009 Address City, State, ZIP ent from owner or owners) Name Telephone My commission expires: July 1, 2012 MOLLY C. JOHNSON RESIDENT OF HAMILTON CO. MY COMM. EXP 07/01/2012 EXHIBIT A LEGAL DESCRIPTION The real estate affected by said application is described as follows: Lots 4, 7, 9, 17, 20, 28 -33, and 35 as shown on the plat for Lincolnshire Section 1 recorded on February 14, 2006, as Instrument Number 200600007600 in the Office of the Hamilton County Recorder and Lots 41, 44, 47 -52, 54 -56, 60, 66, 67, 69 -71, 77, 78, and 80 -82 as shown on the plat for Lincolnshire Section 2 recorded on June 22, 2007 as Instrument Number 2007034819 in the Office of the Hamilton County Recorder. 14300 Clay Terrace Boulevard, Suite 244, Carmel, Indiana 46032 Phone 317.847.7311. Fax 317.582.2452 www.estridge.com EXHIBIT B COMMON ADDRESSES OF PROPERTY INVOLVED Lot Address 4 14147 W. Murphy Circle, Westfield, IN 46074 7 14141 Carlow Run, Westfield, IN 46074 9 14142 E. Murphy Circle, Westfield, IN 46074 17 14237 Carlow Run, Westfield, IN 46074 20 14153 Carlow Run, Westfield, IN 46074 28 14287 Carlow Run, Westfield, IN 46074 29 14305 Carlow Run, Westfield, IN 46074 30 14317 Carlow Run, Westfield, IN 46074 31 14329 Carlow Run, Westfield, IN 46074 32 14341 Carlow Run, Westfield, IN 46074 33 14426 E. Murphy Circle, Westfield, IN 46074 35 2549 N. Murphy Circle, Westfield, IN 46074 41 14415 E. Murphy Circle, Westfield, IN 46074 44 14351 E. Murphy Circle, Westfield, IN 46074 47 14315 E. Murphy Circle, Westfield, IN 46074 48 14287 E. Murphy Circle, Westfield, IN 46074 49 14288 E. Murphy Circle, Westfield, IN 46074 50 14316 E. Murphy Circle, Westfield, IN 46074 51 14328 E. Murphy Circle, Westfield, IN 46074 52 14340 E. Murphy Circle, Westfield, IN 46074 54 14225 W. Murphy Circle, Westfield, IN 46074 55 14239 W. Murphy Circle, Westfield, IN 46074 56 2593 Ballina Court, Westfield, IN 46074 60 2592 Ballina Court, Westfield, IN 46074 66 2538 Tullamore Court, Westfield, IN 46074 67 14319 W. Murphy Circle, Westfield, IN 46074 69 14347 W. Murphy Circle, Westfield, IN 46074 70 14361 W. Murphy Circle, Westfield, IN 46074 71 2601 N. Murphy Circle, Westfield, IN 46074 77 14362 W. Murphy Circle, Westfield, IN 46074 78 14374 W. Murphy Circle, Westfield, IN 46074 80 2614 Newington Court, Westfield, IN 46074 81 2600 N. Murphy Circle, Westfield, IN 46074 82 2576 N. Murphy Circle, Westfield, IN 46074 14300 Clay Terrace Boulevard, Suite 244, Carmel, Indiana 46032 Phone 317.847.7311. Fax 317.582.2452 www.estridge.com EXHIBIT C DETAILED DESCRIPTION OF THE MODIFICATION OF COMMITMENTS REQUESTED The Estridge Development Company, Inc., on behalf of BCE Associates II, LLC, seeks to make the changes described below to Section 4 of the written commitments for the Lincolnshire community. The proposed text to be added to the commitments is shown in italics and proposed deletions of text are shown in strikethrough. Commitment Amendment #1. The text of the first paragraph under Section 4 shall be modified to read as follows: All homes to be constructed in the Subdivision shall be substantially similar to The Estridge Companies 700 series homes and the average square footage for these homes shall be 2,800 square feet and all homes shall have a basement. The following are additional commitments: Commitment Amendment #2. The text of the first paragraph under Section 4, 2. Exterior Finish For All Homes, shall be modified to read as follows: All homes constructed within the Subdivision shall have a front elevation of 100% brick, fiber cement board, stucco or cultured stone or a mixture thereof with the exception of the 729, 735 A and C Scrics homes. The 729, 735 A and C Scrics homes homes shall have a front elevation of greater than 75% brick or cultured stone. 14300 Clay Terrace Boulevard, Suite 244, Carmel, Indiana 46032 Phone 317.847.7311. Fax 317.582.2452 www.estridge.com Conn, Angelina V From: Bryan Stumpf [stumpfb @estridge.net] Sent: Thursday, December 02, 2010 8:19 AM To: Conn, Angelina V Cc: tmcmahon @fischerhomes.com; Bryan Stumpf; Hollibaugh, Mike P Subject: FYI: Lincolnshire: Updated application Attachments: LS Commitment Amendment Application revised 12- 01- 10.pdf Angie, Attached is an updated application for the Lincolnshire commitment amendment. The only change has been to the wording of Commitment Amendment #2 on Exhibit C. Per a discussion with Mike Hollibaugh, he suggested we change the wording from the brand name "HardiePlank" to "fiber cement board" and to add the phrase "or a mixture thereof" to identify that there can be a combination of the permitted materials on the front elevation of the homes. I will be sending the materials for the packets to you later today. Let me know if you have any questions. Thanks, Bryan D. Stumpf, AICP, RLA Director of Community Development The Estridge Companies 14300 Clay Terrace Boulevard, Suite 244 Carmel, IN 46032 317669.8557 direct line 317.582.2452 fax STATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that you are prohibited from disseminating, distributing, or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and destroy all copies of the original message. The Estridge Companies http: /www.estridge.com 1