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HomeMy WebLinkAboutCommitment (DRAFT 11-28-12)STATEMENT OF COMMITMENT COMMITMENT CONCERNING THE DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A PRIMARY PLAT AND SECONDARY PLAT APPROVAL Relating to docket numbers 12100003PP and 12100004SP, the developer of the Pilkinton Estates subdivision located in Hamilton County, Indiana, which is described below, makes the following COMMITMENT concerning the development of the Real Estate: Legal Description: 13256 Six Points Road Carmel, IN 46032 A part of the Northwest Quarter of Section 27, Township 18 North, Range 3 East, in Hamilton County, Indiana, being described as follows: Commencing at the northeast corner of said Quarter Section; thence South 00 degrees 06 minutes 53 seconds East (bearings per record description for parent tract recorded in Deed Book 294, Page 360 in the Office of the Recorder in Hamilton County, Indiana) along the east line of said Quarter Section a distance of 1716.58 feet to the Point of Beginning, lying 0.4 feet north of a Mag Nail; thence continuing South 00 degrees 06 minutes 53 seconds East along said line a distance of 307.00 feet to a point lying 0.3 feet south of a Mag Nail; thence South 89 degrees 15 minutes 13 seconds West, parallel with the south line of said Quarter Section a distance of 878.18 feet to a rebar with yellow cap stamped "SEA Group" at a wire fence; thence North 00 degrees 12 minutes 40 seconds West along said fence a distance of 306.99 feet to point lying 0.2 feet south of a rebar; thence North 89 degrees 15 minutes 13 seconds East, parallel with said south line a distance of 878.69 feet to the point of beginning, containing in all 6.20 acres, more or less. Also known as Lots 1 and 2 in the Pilkinton Estates Subdivision (the "Real Estate "). Statement of COMMITMENT: • At such time as the multi -use path is extended along the frontage of Six Points Road such that it abuts either the north or the south property line of the Real estate, the then owners of the Real Estate shall, at their sole cost and expense, construct the extension of the path across the full frontage of the Real Estate, conforming to the City Standard Detail 10 -16 (http: / /www.carmel.in.gov/ modules /showdocument.aspx ?documentid =126) at the location and elevations specified by the City, and shall conform to the Alternative Transportation Plan. • At such time that improvements are planned on either lot, prior to the issuance of the requisite and customary permits for the planned improvements, the then owner of the lot which is being improved shall provide for the review and approval of the applicable City of Carmel and /or Hamilton County agencies, the following: 1. Information and reports required by Chapter 10, Article 2, Chapter 5, Sections 5.04, 5.05 and 5.06 of the City of Carmel Zoning Ordinance and Sections 102.02, 102.03, 102.04 and 102.06 of the City of Carmel Stormwater Technical Standards Manual. 2. Financial Guarantees required by Chapter 10, Article 2, Chapter 5, Section 5.07 of the City of Carmel Zoning Ordinance. • Improvements, and the design thereof, shall conform to all applicable City Standards, including, but not limited to, the Storm Water Technical Standards Manual, City of Carmel Standard Drawings, the City of Carmel Property Maintenance Code, and Chapter 10, Article 2, Chapter 6 and Chapter 8 of the City of Carmel Zoning Ordinance. This COMMITMENT may be enforced jointly or severally by: 1. The Carmel Plan Commission or City of Carmel; 2. No others. The undersigned agrees to record this commitment in the office of the Recorder of Hamilton County, Indiana and reference the instrument number on the Secondary Plat of the Subdivision. ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** STATE OF INDIANA, COUNTY OF , SS: The undersigned, having been duly sworn, upon oath says that the above information is true and correct as he /she is informed and believes. Doug Pilkinton By: Cheryl Pilkinton, POA Cheryl Pilkinton Subscribed and sworn to before me this day of , 20 My commission expires: Notary Public