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Home My WebLink AboutCommitments - Modified 04-09-122012018302 MISC $38.00 04/09/2012 08:24:30A 13 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented tIN( IIll IIi( I MODIFICATION OF COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A PRIMARY PLAT APPROVAL On May 16, 2006, the City of Cannel Plan Commission (the "Plan Commission ") approved The Woods at Lions Creek Primary Plat, Docket Number 06020016 PP and related Waivers with certain Commitments Concerning the Use and Development of Real Estate attached hereto as Exhibit C (the "Commitments "). The Commitments applied to The Woods at Lions Creek, the Secondary Plat thereof recorded September 25, 2007, in Plat Cabinet 4, Slide 366 as Instrument No. 2007054735, in the Office of the Recorder of Hamilton County, Indiana (the "Real Estate "). Pulte Homes of Indiana, LLC (the "Owner ") now owns the Real Estate and has petitioned to modify the Commitments with respect to the Real Estate. The Plan Commission held a public hearing on this petition on September 20, 2011, and, following the public hearing, the Plan Commission now hereby approves the following modifications to the Commitments: Section 1. Modified Commitments 1.1 Section 3(1)(Home Sizes) shall be replaced and superseded in its entirety with the following: "All one story homes shall be 3,500 square feet, exclusive of basements, garages and open porches. All two story homes shall be 3,800 square feet, exclusive of basements, garages and open porches. All homes shall have basements of at least 1,800 square feet." 1.2 Section 3(2)(Exterior Finish for All Homes) shall be amended to permit also the following architectural styles: Craftsman, Northern Craftsman, Euro Country, Cottage, Classical, Italianate, Low Country and Prairie. 1.3 Section 3(6)(Monotony Code for All Homes) shall be replaced and superseded in its entirety with the following: "All homes in the Woods shall comply with the Anti- Monotony Standard, attached hereto as Exhibit A." 1.4 Section 3(8)(Lots Adjacent to West Road) shall be replaced and superseded in its entirety to require the landscaping depicted on the attached Exhibit B. BDDBOI 6777945v4 Section 2. Binding Effect 2.1 This Modification is binding upon the Owner, each subsequent owner of the Real Estate and each other person acquiring an interest in the Property, unless modified or terminated. 2.2 This Modification may be modified or terminated only by a decision of the Plan Commission after a public hearing wherein notice as provided by the rules of the Plan Commission has been made. 2.3 The Commitments, except as modified herein, shall remain in full force and effect. Section 3. Effective Date 3.1 The Modification contained herein shall be effective immediately upon approval by the Plan Commission. Section 4. Recording 4.1 The undersigned hereby authorizes the Director of the Department of Community Services, or his /her designee, to record this Modification in the Office of the Recorder of Hamilton County, Indiana. Section 5. Enforcement 5.1 This Modification 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. [Remainder of page intentionally left blank; signature page follows.] BDDBO 16777945v4 IN WITNESS WHEREOF, the Plan Commission has approved this Modification of Commitments Concerning the Use and Development of Real Estate Made in Connection with a Primary Plat approval and related Waivers this 20th day of December, 2011. CITY OF CARMEL PLAN COMMISSION Printed: (,/�'! Title: Its President IN WITNESS WHEREOF, the Owner has executed this Modification of Commitments Concerning the Use and Development of Real Estate Made in Connection with a Primary Plat approval and related Waivers this 2o day of DEc5nn@Mp., , 204. PULTE HOMES OF INDIANA, LLC By: NOTARY • . „6 •. SEAL JODI L. NEAL Hancock County My Commission Expires May 4, 2017 , its Manager cUt'./Yr c/ tQ 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: Jesse M. Pohlman. Prepared by: Steven D. Hardin, Esq., Faegre Baker Daniels, LLP and Jesse M. Pohlman, Land Use Consultant, Faegre Baker Daniels, LLP, 600 East 96`x' Street, Suite 600, Indianapolis, Indiana 46240, (317) 569 -9600 BDDBOI 6777945v4 O RE. TALCOMMIPM EN" TS COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF THE REAL ESTATE JC Developers, LLC. ( "Developer "), the owner of the Real Estate to be known as The Woods. at Lion's Creek ( "The Woods "), located in Hamilton County, Indiana, and described 'in Exhibit "A" attached hereto and incorporated herein ( "the Real Estate "), makes'the following Commitments ( "Commitments ") to the Plan Commission of Carmel ( "Plan Commission "). Section 1. Cross Reference. These Commitments are made in connection with approvals requested under Docket Number 06020016 PP and related Waivers. Section 2. Exhibits. Exhibit "A" legal description and Exhibit `B" primary plat for a subdivision to be known as The Woods at Lion's Creek are attached hereto and incorporated herein by reference. Section 3. Commitments. The Developer agrees and commits to the following: 1. Home Sizes. All one story homes in The Woods shall be 3,500'square feet exclusive of basements, garages and open porches. All two story homes shall be 4,200 square feet exclusive of basements, garages and open porches. All homes shall have basements of at least 2,000 square feet. 2. Exterior Finish For All Homes: All homes in The Woods shall have exterior architectural elevations designed to meet the 1800's to mid 1900's Victonan, Eclectic, Romantic, and Colonial styles, as represented in the architectural book, A Field Guide to American Houses by Virginia & Lee McAllester, on all facades. There shall be at least one architectural break every 20 feet on the exterior walls of all sides of the home. All homes shall generally have masonry/stucco on all sides of the all-floors and all exterior fireplace chases. Alternaiive exteriors may be permitted based on architectural style upon written Committee approval. No vinyl, T 1 -11, or aluminum siding will be permitted. All exterior colors must be submitted to Committee for approval. 3. Garages For All Homes: All homes in The Woods shall have a minimum of a 3 -car garage of, side, or rear load, angled,: or "L" design. 4. Roofs For All Homes: All homes in The Woods shall have primary roof pitches of 8/12, excepting those homes whose pitches have been designed to be less than 8/12 to meet desired period specific designs. 5. Windows For All Homes: AIl. homes in The Woods shall have windows on all occupiable floors, on each elevation provided that elevation side of the occupiable floor is above grade. 6. Monotony Code For All Homes: All homes in the Woods shall be custom designed and no two homes shall have substantially similar exterior elevations. 7. Landscaping Requirements: In addition to the perimeter landscaping installed by the Developer, the owner of each lot with The Woods shall be required to plant the following: a. 3 Shade trees (2" caliper or greater), inclusive of street trees. b. 3 evergreen (5' +)/ ornamental trees (1 1/2" caliper or greater). c. 35 bushes 18" in height or greater, excluding ornamental grasses. Trees may be substituted for bushes on a 1 tree = 3 bushes ratio. 8. Lots Adjacent to West Road: Lots 1,2,19,20,21, and 22, as shown on Exhibit "B ", are adjacent to West Road. In addition to the perimeter landscaping and the landscaping requirements for all lots as defined herein, the owners of these lots shall plant the following in locations that shall buffer the home from West Road: a. 1 Shade or Ornamental tree sized per the requirements of Paragraph 7 above. b. 2 Evergreen trees 5' in height or greater. c. At least 11 of the bushes required in Paragraph 7 above, shall be planted on rear or side elevations that face West Road. 9. West Road Improvements, Developer is responsible for the required upgrades to West Road along The Woods frontage as identified by the City of Cannel Thoroughfare and Alternative Transportation Plans. These improvements must be constructed or funded as reasonably determined by the City of Carmel Engineering Department. Section 4. Binding on Successors. These Commitments are binding on the Developer, the owners of the Real Estate, each subsequent owner of the Real Estate, and each other person acquiring an interest in the Real Estate. Section 5. Effective Date. The Commitments contained herein shall be effective upon the occurrence of all of the following events: 1. The approval of the primary plat and secondary plat applications for The Woods of Lion's Creek by the Plan Commission pursuant to Docket Number 06020016 PP and related Waivers; 2. The commencement of the development of the Real Estate in accordance with the approved primary and secondary plats referenced above. 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 WITTNESS WHEREOF, Muno Henderson has caused these Commitments to be executed as of the date first written above. JC Developers, LLC. By: Muno Henderson President STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Muno Henderson, President of JC Developers, LLC., and having been duly sworn, acknowledged execution of the foregoing Commitments. WITNESS MY HAND and Notarial Seal this day of _, 2006. My Commission Expires: Signature Printed Notary Public Resident of County, Indiana. This instrument prepared by James R. Langston, Langston Development Company, Inc., 1132 South Rangeline Road, Suite 100, Carmel, Indiana 46032; Telephone: (317) 846 -7017