HomeMy WebLinkAboutCommitments, Recorded (City Council) 200709/11/2007 11:52:37A 5 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
Drees Premiere Homes, Inc. (hereafter, "Drees "), is the proposed builder in regard to a
project pertaining to a parcel 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 "), and Drees makes the following commitments (the "Commitments ") to the City of
Carmel Common Council (the "Council ") for Village Green Planned Unit Development
Ordinance.
Section 1. Cross Reference. These Commitments are made in connection with approvals
obtained under Docket Numbers 05120026Z and 05120027DP /ADLS and Ordinance No. 2 -492-
06.
Section 2.
reference:
Exhibits. The following exhibits are attached hereto and incorporated herein by
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" is the
site plan (the "Site Plan") for 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 "Builder" shall mean and refer to Drees and its successors and
assigns.
Section 4. Commitments. The Builder agrees and commits to the following.
1. The Builder, and its successors and assigns, agrees and commits to construct a trail as a
connection from the Monon Trail in a westerly direction across the Real Estate, as shown
on the attached Site Plan, so that the trail connection from the Monon Trail can provide a
future connection to the Meadowlark Park.
2. The Builder, and its successors and assigns, agrees and commits to paying to the City of
Carmel the sum of fifteen thousand dollars ($15,000.00) for the City of Carmel to use, in
its sole and exclusive discretion, for the purchase and installation of a piece of art work or
other similar exhibit to be located near the area of the trail connection on the Real Estate
to the Monon Trail in the southeastern corner of the property. The Builder agrees to
provide and execute the appropriate access and encroachment easements to allow the City
of Carmel to construct upon the Real Estate the art work object described above at the
location described above.
Section 5. Binding on Successors
These Commitments are binding on the Builder, owner of the Real Estate, each subsequent
owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless
modified or terminated by the Council. These Commitments may be modified or terminated only
by a decision of the Council after a public hearing wherein notice as provided by the rules of the
Council has been made. The provisions of this paragraph 5 notwithstanding, these Commitments
shall terminate as to any part or parts of the Real Estate hereafter reclassified (rezoned) from the
Village Green Planned Unit Development District pursuant to Docket Numbers. 05120026Z and
05120027DP /ADLS and Ordinance No. Z- 492 -06, to another zoning classification.
Section 6. Effective Date
The Commitments contained herein shall be effective upon the occurrence of all of the following
events:
1. The adoption of an ordinance by the City Council of Carmel, Indiana, assigning the
requested Village Green PUD classification to the Real Estate pursuant to Docket
Numbers: 05120026Z and 05120027DP /ADLS and Ordinance No.Z- 492 -06;
2. The acquisition of the Real Estate by the Builder or its successors and assigns; and
3. The commencement of the development of the Real Estate in accordance with the
assignment of the requested Village Green PUD classification pursuant to Docket
Numbers: 05120026Z and 05120027DP /ADLS and Ordinance NO Z- 492 -06.
Section 7. Recording
The undersigned hereby authorizes the Clerk Treasurer of the City of Carmel to record these
Commitments in the Office of the Recorder of Hamilton County, Indiana.
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Section 8. Enforcement
These Commitments may be enforced by the Council and any property owner within or
immediately adjacent to the Real Estate.
IN WITNESS WHEREOF, tJ p run-- `Q 16A- has caused these Commitments to be
executed as of the date first written above.
Drees Premiere Hom
STATE OF INDIANA
) SS:
COUNTY OF MARION
By:
John Talbot, Land Acquisition and Development
Manager
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared John Talbot, Land Acquisition and Development Manager of Drees Premiere Homes,
Inc., and having been duly swom, acknowledged execution of the foregoing Commitments.
Witness my hand and Notarial Seal this day of i�- r, , 007.
My Commission} expires:
II-o3 -t
Residing in ribrtCounty
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Notary Public
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Printed Namr -
Prepared By James E Shinaver, Nelson & Frankenberger, 3105 East 98th Street, Suite 170,
Indianapolis, IN 46280.
1 affirm, unckt he penalties for perjury, that I have
taken masonablinneto redact each Social Security
number in this dacillttem unless required by law."
(name
3
EXHIBIT "A"
Legal Description
A part of the east half of the northeast quarter of section twenty-five (25)
Township eighteen (18) North, Range three (3) East, described as follows:
BEGIN at the northwest comer of the east half of the northeast quarter of said
section 25, run south on the west line of said east half 847 feet to a stone marked
T, thence east on line parallel with the north line of said quarter section 468.93
feet to the west right -of -way line of the Louisville, New Albany and Chicago
Railroad (Monon); thence northwesterly along said right -of -way line 847.3 feet to
the intersection of the north line of said quarter section; thence west along the
north line of said quarter section 456.8 feet to the place of beginning.
Containing 9.00 acres more or less in Clay Township of Hamilton County,
Indiana.
H: \brad\Zoning & Real Estate Matters \Bay Development\councilCommitments 061906.doc