HomeMy WebLinkAboutCommitments 10-4-04
-,
I (j - Ll - 0 LJ
,f
COMMITMENTS CONCERNING THE
USE AND DEVELOPMENT OF REAL ESTATE
The undersigned, Leeds, LLC (hereafter "Developer"), the Contract Purchaser of the
following described real estate located in Hamilton County, Indiana (hereafter "Real Estate"),
makes the following Commitments concerning the use and development of Real Estate to the
Carmel Clay Plan Commission ("Commission").
1. Description of Real Estate. See Exhibit "A" hereto ("Real Estate").
2.
Docket No.
(Saddlebrook at Shelbome)
3. Statement of Commitments.
A. Developer commits to either, as Developer elects:
1. Construct a one-half roadway (including existing pavement) of two
(2) 12 foot lanes with curb and gutter in the one-half of the right-
of-way adjacent to the Real Estate of Shelbome Road (the
"Construction Improvements"); or
2. Widen the one-half of the right-of-way adjacent to the Real Estate
of Shelborne Road with three (3) feet of pavement and three (3)
feet of stone shoulder to the existing pavement (the "Widening
Improvements") and contribute in cash to the Carmel Department
of Community Services ("DOCS") a sum equal to the difference
between the estimated cost of the Construction Improvements and
the estimated cost of the Widening Improvements (the "Cash
Contribution"), as determined by agreement between Developer
and DOCS, to be applied by DOCS to such other roadway
improvements within a one-mile radius of the Real Estate as
DOCS may determine.
B. In the event Developer elects option 3.A.2, Developer shall, prior to
recording a secondary plat with respect to the Real Estate, pay DOCS a
pro rata portion of the Cash Contribution in an amount equal to the Cash
Contribution divided by the total number of lots in the Primary Plat
approved in Docket No. times the number of lots shown
on the secondary plat for which approval was received. The roadway
improvements provided for and contemplated by these Commitments
require and may be subject to the approval of the Hamilton County
Highway Department/Hamilton County Commissioners.
4. Binding on Successors and Assigns. These commitments are binding on the
Developer of the Real Estate, each subsequent Owner of the Real Estate, and
each other person acquiring an interest in the Real Estate from Developer. These
commitments may be modified or terminated only by a decision of the
Commission made at a public hearing after notice as provided by the rules of the
Commission. The foregoing notwithstanding, these commitments shall terminate
t"
upon the recordation of a Secondary Plat as to the partes) of the Real Estate
described therein.
5. Effectiveness. These commitments are a condition to the approval by the
Commission of the Secondary Plat under Docket #
6. Recording. The undersigned hereby authorizes the Secretary of the Commission
or the Director of the Department of Community Services to record these
commitments in the Office of the Recorder of Hamilton County, Indiana, prior to
the recordation of the first approved Secondary Plat for all or a part of the Real
Estate.
7. Enforcement. These commitments may be enforced by the Commission and City
of Carmel, Indiana.
Executed this _ day of
, 2004.
Leeds, LLC
By: Michael H. Stikeleather
Its: Manager
ST ATE OF INDIANA )
) SS
COUNTY OF HAMILTON )
Subscribed and sworn before me, a Notary Public, in said County and State, appeared
Michael H. Stikeleather} the of Leeds, LLC, the Developer, and acknowledged
the execution of the foregoing Commitments concerning the use and development of the Real
Estate for and on behalf of Leeds, LLC.
WITNESS my hand and Notarial Seal this
day of
, 2004.
My Commission Expires:
(printed) Notary Public
Residing in Hamilton County
This document prepared by Steven D. Hardin, BINGHAM McHALE, 970 Logan Street,
Noblesville, Indiana 47060, (317) 776-8650.
EXHIBIT A
LEGAL DESCRIPTION
The North Half of the Southwest Quarter of Section 32, Township 18 North, Range 3
East, Excepting the North Half of the Northwest Quarter of the Southwest Quarter of
Section 32, Township 18 North, Range 3 East, Clay Township, Hamilton County,
Indiana, and being more particularly described as follows:
Commencing at the Northwest corner of the Southwest Quarter of said Section 32,
thence North 89 degrees 27 minutes 59 seconds East (bearing based upon the State
Plane Grid Bearings, Indiana East Zone, North American Datum[NAD] 83) 1327.22 feet
along the North line of said Southwest Quarter section to the Point of Beginning; thence
continuing, North 89 degrees 27 minutes 59 seconds East ~1327.22 feet to the Northeast
corner of said Southwest Quarter section; thence South 00 degrees 05 minutes 32
seconds West 1319.85 feet along the East line of said Southwest Quarter section to the
Southeast corner of the North Half of said Southwest Quarter section; thence South 89
degrees 33 minutes 29 seconds West 2652.38 feet along the South line of the aforesaid
North Half to the West line of said Southwest Quarter section; thence North 00 degrees
00 minutes 17 seconds East 657.79 feet along said West line to the Southwest corner
of the North Half of the Northwest Quarter of the Southwest Quarter section; thence
North 89 degrees 30 minutes 44 seconds East 1326.70 feet along the South line of the
aforesaid North Half Quarter-Quarter section to the Southeast corner thereof; thence
North 00 degrees 02 minutes 55 seconds East 658.86 feet along the East line of the
aforesaid North Half Quarter-Quarter section to the Northeast corner of the aforesaid
North Half Quarter-Quarter section and the Point of Beginning, containing 60.210 acres,
more or less.
Subject to all easements, rights of way and restrictions of record.