Loading...
HomeMy WebLinkAboutCommitments RECORDED 1-31-11Section 1. Cross Reference. Section 3. Definitions. COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Page 1 of 5 IqZSC $1.0 A l ?GS 20110 011 02: 18:101 IN 01/1/2 Cler Record Recorded as ?resen r s 111,11,11''1,,,11111 IZeG 11\1%40 11111 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 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 Exhibit `B Attached hereto and incorporated herein by reference as Exhibit "B" are the front elevations of the home designs that will be offered within Lincolnshire and presented to the Plan Commission at the public hearing on December 14, 2010 and provided in the packets to the Plan Commission prior to the public hearing. 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 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 Amendments to Existing Commitments. 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. New 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. Page 2 of 5 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. 5. On the Lots upon which Fischer Homes will build, the average square footage of the newly constructed homes shall be a minimum of 2,800 square feet. 6. On the remaining Lots upon which Estridge will build, the average square footage of the newly constructed homes shall be a minimum of 2,800 square feet. 7. Should Estridge, it's successors or assigns fail to cover the deficit of the homeowners association Fischer Homes will pay dues on the lots they own that contain a completed house (identified by the installation of the sod around the house). 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. Page 3 of 5 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: oseph Harrell Corporate Controller Page 4 of 5 STATE OF INDIANA SS: COUNTY OF HAMILTON 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 January, 2011. My Commission Expires: 6'7 16 Notary Public Residing in Hamilton County MO O it Printed 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. ame Page 5 of 5 MOLLY C. JOHNSON SEAL RESiDE�!T OF HAMILTON CO. \,,V� 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. EXHIBIT B FRONT ELEVATIONS OF HOMES Attached are the front elevations of the proposed homes presented to the Plan Commission on December 14, 2010 and provided in the packets to the Plan Commission prior to the public hearing.