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PETITIONER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, Centex Homes, a Nevada general partnership ("Centex."), ...being the
Petitioner in regard to the real estate described in what is attached hereto and incorporated.D.ereih
by reference as Exhibit "A" (the "Real Estate") hereby authorizes and directs the law firm of
Nelson & Frankenberger, P.C. ("NF"), along with their employees, attorneys, and appointed
agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Centex with respect to the Real
Estate including, without limitation, (i) approvals of changes in zoning classification or
rezones, necessary to permit the development of the Real Estate for a multi-family
residential development per the telIDS of a Plalmed Unit Development Ordinal1ce
pursuant to the Zoning Ordinance for the City of Carmel (hereafter "Rezone
Application"), the terms and conditions of which shall be determined by Centex's sole
discretion, and (ii) all secondary approvals including, without limitation, preliminary
(primary) development plan approvals, detailed (secondary) development plan approvals,
improvement location permits, and all other approvals and permits required by the
Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of
Carmel and deemed necessary by Centex to further develop the Real Estate per the terms
of the Rezone Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Centex to obtain the Approvals.
3. The undersigned, being duly sworn, deposes and says that the foregoing signatures,
statements, and answers herein contained and the information herewith submitted are in
all respects true and correct to the best of the undersigned's knowledge and belief.
Further to this Petitioner's Consent and Joinder in Petitions, the undersigned
acknowledge that this Petitioner's Consent and Joinder in Petitions shall constitute the execution
by the undersigned of all such Petitions filed by Centex, now or in the future, in furtherance of
the Approvals.
CENTEX HOMES,
A Nevada general partnership
Date:
1)1- J'-IJ5
By:
J effl
Manager
EXHIBIT "A"
Lee:al Description
Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana; thence South 88 degrees 23 minutes 47 seconds West (assumed bearing) on and along the
South line of said Southeast Quarter 307.68 feet to the Southwest comer of real estate conveyed to Tolpygin per deed
recorded in the Office of the Hamilton County Recorder as Instrument Number 2002-2496 (Tolpygin parcel) and the
POINT OF BEGINNING of this description;-thencc continuing South 88 degrees 23 minutes 47 seconds West 480.2t.feet
to a point on the East right-of-way line of the Monon Railroad and the point of curvature of a curve to the left having a
radius of 1983.00 feet; thence northwesterly on and along said curve an arc distance of 957.33 feet to the Southwest 'comer
of real estate conveyed to the Cannel Cemetery Association (Cemetery Parcel) per deed recorded in the Office of the
Hamilton County Recorder in Deed Book 278, Page 370; thence North 88 degrees 23 minutes 47 seconds East on and
along the South line of said Cemetery Parcel 343.14 feet to a point on the West line of The Ritter's H.P.R. recorded in the
Office of the Hamilton County Recorder in Plat Cabinet 2, Slide 562; thence South 00 degrees 11 minutes 4S seconds
West on said West line 145.77 feet to the Southwest comer of said Ritter's H.P.R.; thence the following six (6) calls on
and along the South line of said Ritter's H.P.R. 1.) North 79 degrees S9 minutes 29 seconds East 170.0 feet; 2.) South 81
degrees 08 minutes 47 seconds East 71.41 feet; 3.) North 67 degrees 57 minutes 12 seconds East 44.54 feet; 4.) North 88
degrees 12 minutes 49 seconds East 101.88 feet; 5.) North 57 degrees 13 minutes 24 seconds East 69.78 feet; 6.) South 60
degrees 35 minutes 56 seconds East 55.18 feet; thence South 00 degrees 21 minutes 44 seconds East 409.53 feet to the
Southwest comer of real estate conveyed to Leppert & Hensley Mortuary Crematory, Inc. (Mortuary Parcel) per deed
recorded in the Office of the Hamilton County Recorder as Instrument Number 2002-61980; thence North 88 degrees 23
minutes 47 seconds East on and along the South line of said Mortuary Parcel 270.10 feet to a point on the East line of said
Southeast Quarter; thence South 00 degrees 21 minutes 44 seconds East on and along said East line 50.00 feet; thence
South 88 degrees 23 minutes 47 seconds West 175.87 feet to a point on the Northwest comer of real estate conveyed to
P .S.I. per deed recorded in the Office of the Hamilton County Recorder as Deed Record 231,. Page 168 and the point of
curvature of a curve to the left having a radius of 1903.08; thence southerly on and along said curve an arc distance of
358.64 feet to the POINT OF BEGINNING, containing in all 12.2 I acres, more or less.
Subject to the Right-or-way of 136th Street
Subject to the Right-of-way arRange Line Road
Subject to the Right-of-way of the Monon Railroad.
Subject to the Right-of-way of the Follett & Morrow Legal Drain Easement.
Subject to all legal easements, rights-or-way, covenants, and restrictions.
*Note: This description has been prepared based upon instructions from the client and limited field observations by Mid-
States Engineering, LLC. A boundary survey has not been perfonned by Mid-States Engineering, LLC on the above
described area per Indiana Survey Standards as defined in Title 865, Article 1, Rule 12 of the Indiana Administrative_
Code. 'In no event will Mid-States Engineering, LLC, its employees, agents, and/or assigns be liable for any damages
arising out of the furnishing and/or use of this description.
OWNER'S CONSENT AND JOINDER IN PETITIONS
The undersigned) being the owner of a portion of the real estate described in what is
attached hereto and incorporated herein by reference as Exllibit "A'I' (the ~'Real Estate''') hereby
authorize and direct Buckingham Properties, Inc. ("Buckingham"), along with its employees,
engineers, land planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Buckingham with respect to the
Real Estate including, without limitation, (i) approvals of changes in zoning classification I
or rezones, necessary to~.pennit the development of the Real Estate for a multi-family
residential development per the terms of a Planned Unit Development Ordinance" ; .
pursuant to the Zoning prdinance for the ~ity of C~l~l (hereafter '.'R~!.one ....: ;., > ':J
Application"), the tem1S and conditions of which shall be determined by Buckingham's
sole discretion, and (ii) all secondary approvals including, without limitation, preliminary
(primary) development plan approvals, detailed (secondary) development plan approvals,
improvement location permits, and all other approvals and permits required by the
Rezone Application, the City of Carmel and/or the Zoning Ordinance for the City of
Carmel and deemed necessary by Buckingham to further develop the Real Estate per the
terms of the Rezone Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Cannel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, an applications and petitions deemed
necessary by Buckinghanl to obtain the Approvals.
3. The undersigned, being duly sworn, depose and say that he is the owner of a pOltion of
the Real Estate and that the foregoing signatures, statements, and answers herein
contained and the information herewith submitted are in all respects true and correct to
the best of the undersigned's knowledge and belief:
Further to this Owner's Consent and Joinder in Petitions, the uridersigned acknowledge.
that this Owner's Consent and Joinder in Petitions shall constitute' the execution by the
undersigned of all such Petitions filed by Buckingham, now or in the future, in furtherance of the
Approvals.
Date:
/,/ It I (:? ~r
, ,
.."..,.
Parcel No. 16-09-24-00-00-0.28.001
EXHIBIT "A"
Le2al Description
Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana; thence South 88 degrees 23 minutes 47 seconds West (assumed bearing) on and along the
South line of said Southeast Quarter 307.68 feet to the Southwest comer of real estate conveyed to Tolpygin per deed
recorded in the Office of the Hamilton County Recorder as Instrument Number 2002-2496 (Tolpygin parcel) and the
POINT OF BEGINNING of this description;--thence continuing South 88 degrees 23 minutes 47 seconds West 480.21.feet
to a point on the East right-of-way line of the Monon Railroad and the point of curvature of a curve to the left having a
radius of 1983.00 feet; thence northwesterly on and along said curve an arc distance of 9S7 .33 feet to the Southwest comer.
of real estate conveyed to the Cannel Cemetery Association (Cemetery Parcel) per deed recorded in the Office of the
Hamilton County Recorder in Deed Book 278, Page 370; thence North 88 degrees 23 minutes 47 seconds East on and
along the South line of said Cemetery Parcel 343.14 feet to a point on the West line of The Ritter's H.P.R. recorded in the
Office of the Hamilton County Recorder in Plat Cabinet 2, Slide 562; thence South 00 degrees 11 minutes 45 seconds
West on said West line 145.77 feet to the Southwest comer of said Ritter's H.P.R.; thence the following six (6) calls on
and along the South tine of said Ritter's H.P .R. I.) North 79 degrees 59 minutes 29 seconds East 170.0 feet; 2.) South 81
degrees 08 minutes 47 seconds East 71.41 feet; 3.) North 67 degrees 57 minutes 12 seconds East 44.54 feet; 4.) North 8&
degrees 12 minutes 49 seconds East 101.88 feet; S.) North 57 degrees 13 minutes 24 seconds East 69.78 feet; 6.) South 60
degrees 35 minutes S6 seconds East 55.18 feet: thence South 00 degrees 21 minutes 44 seconds East 409.53 feet to the
Southwest comer of real estate conveyed to Leppert & Hensley Mortuary Crematory, Inc. (Mortuary Parcel) per deed
recorded in the Office of the Hamilton County Recorder as Instrument Number 2002-61980; thence North 88 degrees 23
minutes 47 seconds East on and along the South line or said Mortuary Parcel 270.10 feet to a point on the East line of said
Southeast Quarter; thence South 00 degrees 21 minutes 44 seconds East on and along said East line 50.00 feet; thence
South 88 degrees 23 minutes 47 seconds West 175.87 feet to a point on the Northwest comer of real estate conveyed to
P .S.!. per deed recorded in the Office of the Hamilton County Recorder as Deed Record 231, Page 168 and the point of
curvature of a curve to the left having a radius of 1903.08; thence southerly on and along said curve an arc distance of
358.64 feet to the POINT OF BEGINNING, containing in all 12.2 1 acres, more or less.
Subject to the Right-or-way of 136th Street
Subject to the Right-or-way of Range Line Road
Subject to the Right-of-way of the Monon Railroad.
Subject to the Right-or-way of the Follett & Morrow Legal Drain Easement.
Subject to all legal easements, rights-or-way, covenants, and restrictions.
*Note: This description has been prepared based upon instructions from the client and limited field observations by Mid-
States Engineering, LLC. A boundary survey has not been perfonned by Mid-States Engineering, LLC on the above
described area per Indiana Survey Standards as defined in Title 865, Article 1, Rule 12 of the Indiana Administrative_
Code. In no event will Mid-States Engineering, LLC, its employees, agents, and/or assigns be liable for any damages
arising out of the furnishing and/or use of this description.
JAN-11-2~05 14:47
,FRf.JM : EuSsell&Kr' iegsmann Carmel
,..
FAX NO. :317-566-9550
3179741238 P.02
Oct. 28 2004 03: 57PM P3: I ':
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OWNER'S CQNSENT AND JOTNDE~ IN PETITl9NS I
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Til,e undersigned, being the owner of ~ portion of the real estate described in what is !
attac'hed hereto and incorporated herein by reference a.'i Exhibit leA'. (the ~cRcal Esh\ten) hereby
authori~e and direct Buckingham Properties, Inc. (ICBuclcinghamfJ), along with its erI1ployecs~
engineers, land planners, attorneys. and appointed agents, as follows:
1.
To file, for and on l,eha.lf of Ule undersigned, any an,d all a,pl'licntion,s and petitions
necessary to obtain a.11 approvals deemed necessary by Buclcingl18Il1 with re!pect to tho
Real Estato il1Cludil1g, without limitation, (i) approvals of changes in i7.oning c:lnssiflcation
or rozones, neoessary lo pennit the development or tIle Real 'Estate for a mtltti-famil)'
residet,tial devcJopnlent per the terms of a Planned Unit DcvolopJnent Ordinance
purS1.1ant to tlle Zoning Ordinance for the City of Cannel (hereaner uRezone
Applicntion")~ the tcnllS and conditions of which sh~ll be determined by Buclcil1gh~\m.s
sole discretion) and (ii) all secondary approvals including, without limitation) preliminary
(primary) dcvcloplnent plan approvals, detailod (secondary) dcvoloplnent plan approvals!
improvement locntion perinits) and all other approvals and permits required by the
Rezone Applicatio.n, the City of Cannel and/or the Zonil'lg Ordinance fOI. the .City of
Carmel and deemed necessary by Buckingham to further develop t,he Roal Estate per the
tenns oftlle Re;r;one Application (collectively the dApprovals"); and
To represent the undersigned in connection witll the ApprovuIs, befo.rc the City ofCarmc]
Plan Commission, and its com~illees. a.nd the Common Council for Ule City of Cannel,
and its comm.ittees, and any oHler agency, and any otIler municipal or State agC11ciesJ and
to Lile, for and on behlll1 of the undersigned, all applications nnd petitiollS deemed
necessary by Buckingham to obtain the Approvals.
3 · The \.mdersigned, being duly sworn,. depose and say that it is the OW1'lCr of a portion of
the Real Estate and thal the foregoing signatures, statements, l\nd answers here;11
con~,incd and tIle infonnation herewith submitted 3re in nIl respects true and correct to
the bost oftlle undersigned's knowledge and belief:
2. .
Further to tllis Owner's Consent and Joinder in Petitions, the undersigned acknowled.ge
that tnis Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Pet1tions filed by Buckingham, now or in the future. in furtherance ofthe _
Approvals.
LEPPERT & HENSLEY MOR l"UAR Y
CREM^TORY~ INC.
BY;' ~.s~.at~
Title: · ~~"f
Date: 1/,4 :lcf ~ f'
A Portion of Parcel No, 16~09.24-00-00-026.00 1
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FEB-03-2005 THU 10:37 AM ~L COMMUNITY SVCS
FAX NO. . 571 2426
PI 03
Griffin, Matt L
Subject:
Griffin, Matt L
Thursday, February 03, 200510:20 AM
Babbitt. Pamela A
Pattyn, Dawn E; Tingley. Connie S; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall. Jeff A;
Brewer. Scott t: Hancock, RamDna B; Oebosiewicz, Jon C; Brennan, Kevin S; Mindham.
Daren; Cann, Angelina V; Morrissey. Phyllis G
FW= Docket No. Asslgnment:(DP/ADLS) Traditions on the Monon (#05010045 OP/~DLS)
From:
Sent:
To:
Cc:
-
Pam,
I have forwarded this to the petitioner Identified below and updated the file.
The Docket Number for (DP/ADLS) Traditions on the Monon Is as follows:
Docket No. 06010048 DP/ADLS DP Application Fee:
$103.00 per ae. X 12.21:
ADLS Application Fee:
$772.50
$1,257,,63
$772.50
Total Fee: $2,802.63
Docket No. Q501oo45 DPIADLS: Traditions on the Manon
The petitioner proposes 135 tcwnhames and related parking, slgnage, and landscaping.
The site Is located at the northwest carner of 13eth Street and Range Line Road and Is zoned PUD.
Filed by Sean Sullivan for Cente>c Hames.
Petitioner, please note the following:
1. This Item will be an the February 16, 2005, agenda cfthe Technical AdvisQry Committee (TAC).
2. Please deliver plans to all TAC members by February 1. 2005, in order to be heard at the February 16.
2005. T AC meeting.
3" Mailed and Published Public Notl~ needs to occur no later than February 18, 2005. Published notice
Is reqUired within the Indianapolis star.
4. Proof of Notice must be received by this Department no later than Noon, Friday. March 11 J 2005.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. Required Fee and Fifteen (15) Infonnatlonal Packets must be delivered to Plan Commission
Secretary Ramona Hancock no later than NOON, Friday. March 4, 2005. Failure to submit such by
this time Will result In the tabling of the petition to the April 19, 2005, agenda of the Plan Commission.
6. The Item will appear on the March is, 200S, agenda of the Plan Commission (under .'Publlc
Hearings.). .
S b7d. . TI hie (teem will ~Iso appear en the TueSdaY.~;I!~bI~all."'.\':~;j.~..'.i).p...,9..~!",.:'agenda af the Plan CommlssJon
U IV . an ommlttee. . . "-~~til~~1~::'.'
8. Please submit an application for Architectural Design. LIQhtlhg..:>:.~nd Signage (ADLS) Review. The
ADLS appDcatlon will be processed with this docket item (050100q~pP/ADLS).. The ~mpleted
application and fee ($772.50) must be submitted to the Peparbnent6f.~ommunlty ServICes.
.,~<~
~ ~J:,>>,
PETITIONER: refer to your instnJction sheet for more detail.\,
Mr. SulliVan can be contacted at 317.915.2200 (Fax: 317.913.6928). \~\~~~;;)~\A:::- )..~ i]
Thank you,
~v{ -: )pr
Matthew Griffin. AICP
Planning AdmlnJstratar
Department of Community Services
1
EXHIBIT "A"
Lee:al DescriDtion
Part of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 24, Township 18 North, Range 3 East in
Hamilton County, Indiana; thence South 88 degrees 23 minutes 47 seconds West (assumed bearing) on and along the
South line of said Southeast Quarter 307.68 feet to the Southwest comer of real estate conveyed to Tolpygin per deed
recorded in the Office of the Hamilton CoiTnt)' Recorder as Instrument Number 2002-2496 (Tolpygin parcel) and. the
POINT OF BEGINNING of this description; thence continuing South 88 degrees 23 minutes 47 seconds West 480.21 feet
to a point on the East right-of-way line of the Monon Railroad and the point of curvature of a curve to the left having a
radius of 1983.00 feet; thence northwesterly on and along said curve an arc distance of957.33 feet to the Southwest comer
of real estate conveyed to the Cannel Cemetery Association (Cemetery Parcel) per deed recorded in the Office of the
Hamilton County Recorder in Deed Book 278, Page 370; thence North 88 degrees 23 minutes 41 seconds East on and
along the South line of said Cemetery Parcel 343.14 feet to a point on the West line of The Ritter's H.P.R. recorded in the
Office of the Hamilton County Recorder in Plat Cabinet 2, Slide 562; thence South 00 degrees 11 minutes 4S seconds
West on said West line 145.77 feet to the Southwest comer of said Ritter's H.P.R.; thence the following six (6) calls on
and along the South line of said Ritter's H.P.R. 1.) North 79 degrees S9 minutes 29 seconds East 170.0 feet; 2.) South 81
degrees 08 minutes 47 seconds East 71.41 feet; 3.) North 67 degrees 57 minutes 12 seconds East 44.54 feet; 4.) North 88
degrees 12 minutes 49 seconds East 101".88 feet; .5.) North 57 degrees 13 minutes 24 seconds East 69.78 feet; 6.) South 60
degrees 3S minutes S6 seconds East 55.18 feet; thence South 00 degrees 2 t minutes 44 seconds East 409..53 feet to the
Southwest comer of real estate conveyed to Leppert & Hensley Mortuary Crematory, Inc. (Mortuary Parcel) per deed
recorded in the Office of the Hamilton County Recorder as Instrument Number 2002-61980; thence North 88 degrees 23
minutes 47 seconds East on and along the South line of said Mortuary Parcel 270.10 feet to a point on the East line of said
Southeast Quarter; thence South 00 degrees 21 minutes 44 seconds East on and along said East line 50.00 feet; thence
South 88 degrees 23 minutes 47 seconds West 175.87 feet to a point on the Northwest comer of real estate conveyed to
P .S.I. per deed recorded in the Office of the Hamilton County Recorder as Deed Record 231, Page 168 and the point of
curvature of a curve to the left having a radius of 1903.08; thence southerly on and along said curve an arc distance of
358.64 feet to the POINT OF BEGINNING, containing in all 12.21 acres, more or less.
Subject to the Right-or-way of 136th Street
Subject to the Right-of-way or Range Line Road
Subject t,o the Right-or-way of the Monon Railroad.
Subject to the Right-oF-way of the Follett & Morrow Legal Drain Easement.
Subject to all legal easements, rights-or-way, covenants, and restrictions.
"Note: This description has been prepared based upon instructions from the client and limited field observations by Mid-
States Engineering, LLC. A boundary survey has not been performed by Mid-States Engineering, LLC on the above-
described area per Indiana Survey Standards as defined in Title 865, Article 1, Rule 12 of the Indiana Administrative
Code. In no event will Mid-States Engineering, LLC, its employees, agents, and/or assigns be liable for any damages
arising out of the furnishing and/or use of this description.