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Home My WebLink AboutCommitments RECORDEDZ010068192 MISC $26.00 12/16/2010 03:23:00P 8 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented COMMITMENTS CONCERNING USE AND DEVELOPMENT OF REAL ESTATE As owners of the real estate described in what is attached hereto and incorporated herein by reference as Exhibit "A" and Exhibit `B" (collectively the "Real Estate Keith March and Sarah March make the following commitments (the "Commitments to the Plan Commission of the City of Carmel, Indiana (the "Plan Commission Section 1. Cross Reference. These Commitments are made in connection with the approval by the Plan Commission on August 17, 2010 of (i) a primary plat under Docket Number 10050022 DP and (ii) a subdivision waiver under Docket Number 10050023 SW (collectively the "Approvals with respect to the Real Estate. Section 2. Definition. The following words and terms, as used throughout these Commitments, shall have the following meanings: A. "Lot 1" shall mean what is (i) identified on page 1 of the Drawing as Lot 1 and (ii) legally described in what is attached hereto and incorporated herein by reference as Exhibit "A B. "Lot 2" shall mean what is (i) identified on page 1 of the Drawing as Lot 2 and (ii) legally described in what is attached hereto and incorporated herein by reference as Exhibit "B C. "Lot 6" shall mean what is (i) identified on page 2 of the Drawing as Lot 6 and (ii) legally described as Lot Number 6 in the Village of Mount Cannel, Tenth Section, an addition to the City of Carmel, Hamilton County, Indiana, as per plat thereof recorded May 29, 2003 in Plat Cabinet 3, Slide 178 as Instrument Number 200300051323 in the Office of the Recorder of Hamilton County, Indiana. D. "Drawing" shall mean the drawing attached hereto and incorporated herein by reference as Exhibit "C" in 2 parts. Section 3. Commitment Concerning Tree Planting. The following commitments are made with respect to tree planting: A. As illustrated on page 1 of the Drawing, 15 spruce trees, which shall be a minimum of 8 feet in height at the time of planting, shall be planted 15 feet on center along the northern boundary of Lot 1. These spruce trees may be planted at any time up to and including the date of the issuance of certificate of occupancy for a residence to be built on Lot 1. B. As illustrated on page 1 of the Drawing, (i) 16 spruce trees, which shall be a minimum of 8 feet in height at the time of planting, shall be planted 15 feet on center along the western boundary of Lot 2, and (ii) 8 spruce trees, which shall be a minimum of 8 feet in height at the time of planting, shall be planted 15 feet on center along the southern boundary of Lot 2. These spruce trees may be planted at any time up to and including the date of the issuance of certificate of occupancy for a residence to be built on Lot 2. Section 4. Commitment Concerning Tree Preservation. A. A "Tree Preservation Area One" identified on page 1 of the Drawing along the eastern boundary of Lot 1. Subject to the following exceptions, trees within this Tree Preservation Area One shall be preserved: 1. Trees that are dead, dying, diseased or pose a threat to public health or safety may be removed; 2. Trees with a diameter of less than 3 inches at a point 5 feet above grade may be removed; and, 2. Trees that must reasonably be removed in order to install a driveway for Lot 1 and a corresponding road cut onto Village Drive North may be removed. B. A second "Tree Preservation Area Two" is identified on page 1 of the Drawing along the southwest corner of Lot 2. Subject to the following exceptions, trees within this Tree Preservation Area Two shall be preserved: 1. Trees that are dead, dying, diseased or pose a threat to public health or safety may be removed; and, 2. Trees with a diameter of less than 3 inches at a point 5 feet above grade may be removed. Section 5. Commitment Concerning Other Plantings. Page 2 of the Drawing indicates along the southern boundary of Lot 6 both an existing mound (the "Existing Mound In the event a driveway addition is installed upon Lot 6 after the recordation of these commitments with the Recorder of Hamilton County, Indiana (the "Recorder and results in the reshaping of the Existing Mound and intermittent reductions in height of the Existing Mound then, upon completion of said driveway addition and in all areas where the height of the Existing Mound is reduced, arborvitae, spaced 4 feet on center and with a mature height of 6 feet or greater, shall be planted. Section 6. Recording of Commitments. The undersigned shall record these Commitments with the Recorder prior to the recordation with the Recorder of a secondary plat in accordance with the Approvals. Section 6. Enforcement. These Commitments may be enforced by the Plan Connnission. Section 7. Binding on Successors. Unless modified or terminated by the Plan Commission after a public hearing wherein notice is provided by the rules of the Plan Commission, (i) the Commitments in Section 3(A) and 4(A) above shall be binding upon each current and successor owner of Lot 1, but only during the time of such owner's ownership of Lot 1, and (ii) the Commitment in Section 3(B) and 4(B) above shall be binding upon each current and successor owner of Lot 2, but only during the time of such owner's ownership of Lot 2. The provisions of this Section 7 notwithstanding, these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified "Rezone on the City's official Zone Map. Section 8. Effective Date. The Commitments in Section 3(A) and Section 4(A) above (i) shall not be effective or enforceable until the recordation with the Recorder of a secondary plat that includes Lot 1 and (ii) shall be effective and enforceable upon the recordation with the Recorder of a secondary plat that includes Lot 1. The Commitments in Section 3(B) and 4(B) above (i) shall not be effective or enforceable until the recordation with the Recorder of a secondary plat that includes Lot 2 and (ii) shall be effective and enforceable upon the recordation with the Recorder of a secondary plat that includes Lot 2. IN WITNESS WHEREOF, Keith March and Sarah march has caused these Commitments to be executed as of the date identified on the Notary below. STATE OF INDIANA SS: COUNTY OF HAMILTON My Commission Expires: Keith March Date: Sarah March 1 Date: i 1 �-1 t' 17 Witness my hand and Notarial Seal this I `1 day of Before me, the undersigned, Notary Public in and for the said County and State, personally appeared Keith March, and acknowledged execution of the foregoing Commitments. 'KELLY A. TRITTIPO County of Hamilton My Commission Expires June 24, 2017 2010. Notary Public STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, the undersigned, Notary Public in and for the said County and State, personally appeared Sarah March, and acknowledged execution of the foregoing Commitments. Witness my hand and Notarial Seal thi My Commission Expires: 04 4 NABecky\Zoning Real Estate MattersNdarcl4 KeithCommitments \COMMITMENTS TREE Revised.doc /day of JDe -C 2010. Z-Z e Notary Public BECKY J. TURNER Marion County My Commission Expires April 24, 2016 Prepared by: Charles D. Frankenberger, Nelson Frankenberger, 3105 E. 98 Street, Suite 170, Indianapolis, IN 46280 (317) 844 -0106. Pursuant to IC 36- 2- 11- 15(b)(c), I affilltn under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law Charles D. Frankenberger. Exhibit "A" (Legal Description Lot 1) A part of the Northeast Quarter of Section 23, Township 18 North, Range 3 East of the Second Principal Meridian, situated in Clay Township, Hamilton County, Indiana being more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of said Section 23; thence North 89 degrees 05 minutes 11 seconds East (Basis of Bearings) on and along the North line of said Northeast Quarter 1004.14 feet to the Northwest comer of land conveyed to the Board of Conunissioners, Hamilton County, Indiana by Instrument Number 1999- 0064181 on file in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 01 minutes 13 seconds West on and along the West line thereof 75.01 feet to the PINT OF BEGINNING of this description; thence North 89 degrees 05 minutes 11 seconds East parallel with the North line of said Northeast Quarter 183.16 feet to a point on the West line of the Village of Mount Carmel, First Section as shown on the plat thereof, recorded in Plat Book 2, Page 86 (Office of the Recorder); thence South 00 degrees 54 minutes 49 seconds East on and along said West line 174.97 feet to a Northeast comer of the Village of Mount Carmel, Tenth Section, recorded as Instrument Number 200300051323 in Plat Cabinet 3, Slide 178 (Office of the Recorder); thence South 89 degrees 05 minutes 11 seconds West on and along the North line of said Village of Mount Carmel, Tenth Section 186.01 feet to the Southeast corner of a 2.453 acre tract described in Instrument Number 200200082039 (Office of the Recorder); thence North 00 degrees 01 minutes 13 seconds East on and along the East line thereof 174.99 feet to the POINT OF BEGINNING, containing 0.741 acres, more or less. Exhibit "B" (Legal Description Lot 2) A part of the Northeast Quarter of Section 23, Township 18 North, Range 3 East of the Second Principal Meridian, situated in Clay Township, Hamilton County, Indiana being more particularly described as follows: Commencing at the Northwest corner of the Northeast comer of said Section 23, thence North 89 degrees 05 minutes 11 seconds East (Basis of Bearings) on and along the North line of said Northeast Quarter 469.70 feet to the Northeast corner of the Village of Mount Carmel, Eighth Section as recorded in Plat Book 7, Page 26 on file in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 01 minutes 13 seconds West on and along the East line of the Village of Mount Carmel, Eighth Section 250.00 feet to the Southwest corner of a 2.453 acre tract as described in Instrument number 200200082039 (Office of the Recorder) and the POINT OF BEGINNING; thence North 89 degrees 05 minutes 11 seconds East on and along the South line of said 2.453 acre tract 323.23 feet to a Northwest corner of the Village of Mount Carmel, Tenth Section the plat of which is recorded as Instrument Number 200300051323 (Office of the recorder); thence on and along the perimeter of said Village of Mount Carmel, Tenth Section by the following four (4) courses: 1) South 00 degrees 01 minutes 13 seconds West 132.53 feet; thence 2) South 89 degrees 05 minutes 11 seconds West 98.66 feet; thence 3) South 00 degrees 01 minutes 13 seconds West 153.88 feet; thence 4) North 84 degrees 30 minutes 16 seconds West 216.69 feet to a point on the East line of the Village of Mount Carmel, Eighth Section; thence North 41 degrees 28 minutes 00 seconds West on and along said East line 13.34 feet; thence continuing on and along said East line North 00 degrees 01 minutes 13 seconds East 252.08 feet to the POINT OF BEGINNING, containing 1.711 acres, more or less. 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