HomeMy WebLinkAboutCOMMITMENT Final copy 11-28 Originalv2 (2)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, undersigned, being
the developer (the "Developer ") of the Pilkinton Estates Subdivision located in
Hamilton County, Indiana, a portion of which is described below, makes the
following Commitment concerning the development of the following described
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 to be known as Lots 1 and 2 in the Pilkinton
Estates Subdivision at such time as a secondary plat of Pilkinton Estates
Subdivision (the "Subdivision ") is recorded (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 Developer and /or the Developer's grantees,
successors, and assigns 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 conforming to the
City's Alternative Transportation Plan.
• At such time that improvements are planned on either the Real Estate, Lot
1 or Lot 2, prior to the issuance of the requisite and customary permits for
the planned improvements, the Developer and /or the Developer's
grantees, successors, and assigns 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 the Carmel Plan
Commission or City of Carmel.
The undersigned agrees to promptly record this Commitment in the office of the
Recorder of Hamilton County, Indiana and reference the instrument number of
this Commitment on the Secondary Plat of the Subdivision. The undersigned
agrees that the conveyance of the Real Estate, Lot 1 and /or Lot 2 shall be made
subject to the terms and conditions of this Commitment and evidence thereof
shall be included in any deed or other conveyance document.
The Commitment granted, created and made herein, together with the benefits
thereof, shall run with the Real Estate, Lot 1 and Lot 2, inure to the benefit of the
City of Carmel and its grantees, successors, and assigns and shall bind the
Developer and its grantees, successors, and assigns. All commitments,
covenants and agreements hereunder may be enforced by an action for specific
performance, and in the event that the Developer and /or the Developer's
grantees, successors, and assigns breaches any such commitment, covenant or
agreement, the Carmel Plan Commission and /or the City of Carmel may exercise
any remedy available hereunder, at law or in equity.
In the event of any action or proceeding brought by the Carmel Plan Commission
or the City of Carmel (collectively the "City ") against the Developer and /or the
Developer's grantees, successors, and assigns under this Commitment, the City
shall be entitled to recover all costs and expenses, including reasonable
attorneys' fees.
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STATE OF INDIANA, COUNTY OF , SS:
The undersigned, having been duly sworn, upon oath says that the above
information is true and correct.
Doug Pilkinton
By: Cheryl Pilkinton, attorney -in-
fact, pursuant to a Power of
Attorney recorded on
2012 as Instrument No.
in the Hamilton County
Recorders Office
Cheryl Pilkinton
Subscribed and sworn to before me this day of , 20
My commission expires:
Notary Public
I affirm under the penalties for perjury, that I have taken reasonable care to
redact each Social Security Number within document, unless required by law.
This instrument prepared by