HomeMy WebLinkAboutCommitments - Revised Draft 12-13-10COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
The Estridge Development Company, (hereafter, "Estridge the manager on behalf of
BCE Associates II, LLC the owner of the real estate located in Hamilton County, Indiana, and
described in what is attached hereto and incorporated herein by referenced as Exhibit "A" (the
"Real Estate makes the following commitments (the "Commitments to the Plan Commission
of the City of Carmel (the "Plan Commission
Section 1. Cross Reference.
These Commitments are made in connection with the approval obtained under Docket Number
10110007CA.
Section 2. Exhibits.
The following exhibits are attached hereto and incorporated herein by reference:
Exhibit "A Attached hereto and incorporated herein by reference as Exhibit "A" is the
legal description of the real estate (the "Real Estate
Section 3. Definitions.
Different words and terms are defined throughout these Commitments and, further, the following
definitions shall apply throughout these Commitments:
1. Developer. The term "Developer" shall mean and refer to Estridge and its successors
and assigns.
2. Subject Lots. The term "Subject Lots" shall mean and refer to the lots affected by the
commitment amendment application filed under Docket Number 10110007CA and
described in Exhibit "A
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3. Subdivision. The term "Subdivision" shall mean and refer to Lincolnshire (formerly
known as Murphy Hall) which is a plat filed under Docket Numbers 05020019PP and
05020022SW.
Section 4. Commitments.
In addition to the Commitments currently in place for the Lincolnshire neighborhood and as
amended by Docket Number 10110007CA, the Developer agrees and commits to the following:
1. All homes constructed on the Subject Lots shall have:
a. overhangs a minimum of eight inches (8 in depth, and
b. a minimum of two (2) dusk -to -dawn lights on the garage similar to those on the
existing homes in the Subdivision.
2. All homes constructed on the Subject Lots shall have a minimum of a two -car side load
garage. Where three -car garages are used, they shall also be side load garages with the
exception of the Andover, Bradford, Compton, and Hayden home designs by Fischer
Homes. These four home designs shall be allowed to have a three -car garage design that
features two -cars in side load configuration with the third car in a carriage configuration
facing the street.
3. The minimum square footage for ranch homes constructed on the Subject Lots shall be
2,400 square feet. This corresponds to the Hayden home design in the Fischer Homes
Masterpiece Collection. There shall be a maximum of four (4) Hayden homes
constructed on the lots Fischer Homes is purchasing.
4. The minimum square footage for two story homes constructed on the Subject Lots shall
be 2,600 square feet.
Section 5. Effective Date.
The Commitments contained herein shall be effective upon the approval of the commitment
amendment application for the Subdivision by the Plan Commission pursuant to Docket Number
10110007CA.
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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.
Section 7. Enforcement.
These Commitments may be enforced by the Plan Commission of the City of Carmel, Indiana
and any property owner within or immediately adjacent to the Real Estate.
IN WITNESS WHEREOF, R. Joseph Harrell has caused these Commitments to be executed as
of the date first written above.
ESTRIDGE DEVELOPMENT COMPANY
By:
R. Joseph Harrell
Corporate Controller
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SS:
COUNTY OF HAMILTON
STATE OF INDIANA
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared R. Joseph Harrell, Corporate Controller of Estridge Development Company, and
having been duly sworn, acknowledged execution of the foregoing Commitments.
Witness my hand and Notarial Seal this day of December, 2010.
My Commission Expires:
Residing in Hamilton County
Notary Public
Printed Name
Prepared by: Bryan D. Stumpf, Estridge Development Company, 14300 Clay Terrace
Boulevard, Suite 244, Carmel, IN 46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless otherwise required by law.
Bryan D. Stumpf
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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.
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