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Home My WebLink AboutCovenant Attendant - RECORDED tk. 200100061017 " Filed for Record in Osi `��' ` \ HAMILTON COUNTY, INDIANA \ t .--..--,. V,� CLARK \ MARY L ARK COVENANT ATTENDANT 09-25—2001 °317 pm. MISC 19. 00 REZONING ORDINANCE CH Land LLC covenants with the City of Carmel and the Carmel Clay Plan Commission that prior to improvements being constructed on the real estate described in Exhibit A attached hereto, Plan Commission approval of the architectural design, lighting, and signing pursuant to the U.S. Highway 31 Overlay Zone (Carmel Zoning Ordianance 23B.01 et seq) shall be obtained and adhered to by covenator. This covenant is conditioned upon passage by the Common Council of the City of Carmel of the rezone application pending changing the zone classification of the described property from the S-2 residential district classification to the B-5 district classification. IN WITNESS whereof the foregoing covenant has been executed this 2 ' day of , 2001. CH LAND LLC By: STATE OF INDIANA ) )ss: COUNTY OF HAMILTON ) SUBSCRIBED AND SWORN to before me, Notary Public in and for said County and State this d day of August, 2001. My commission expires: J t 1.,(g,t6t.1-q c)06(:0 C oC ` `a . Notary Public "�t 7 : , My County of Residence: ' =. `"4 '... liCyikji-L1-4-\ ,A, ■_. 1,-Q, , 1.4.)" pido_ L o,;, Printed J R:\EDC\chlandd.wpd73664 �` /4,,,,, 'r Rtet/� \PP i=; /MY ED ?3 2®Q? oocs - EXHIBIT A - LEGAL DESCRIPTION A PART OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST, SECOND PRINCIPAL MERIDIAN, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE ON AN ASSUMED BEARING OF SOUTH 88 DEGREES 29 MINUTES 07 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 1368.92 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 53 SECONDS WEST A DISTANCE OF 45.00 FEET TO TEE SOUTHEAST CORNER OF LOT 2 OF THE PARKS AT SPRINGMILL RECORDED IN PLAT CABINET 2, SLIDE 341 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3036.83 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 75 DEGREES 38 MINUTES 30 SECONDS EAST A DISTANCE OF 3036.83 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT AND ALONG THE EAST LINE OF SAID PLAT AND ALONG THE SOUTHEASTERLY LINE OF LAND DESCRIBED INSTRUMENT NUMBER 94-13389, CONCENTRIC WITH THE NORTHWESTLY RIGHT-OF-WAY LINE OF U. S. HIGHWAY 31 (NORTH MERIDIAN STREET) I.S.H.C. PROJECT S.T.F. 222(9) 1973, AN ARC DISTANCE OF 413.62 FEET TO THE NORTHEAST CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING SAID POINT WHICH BEARS NORTH 67 DEGREES 50 MINUTES 18 SECONDS WEST FROM SAID RADIUS POINT; THENCE CONTINUING NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 559.87 FEET TO A POINT WHICH BEARS NORTH 57 DEGREES 16 MINUTES 30 SECONDS WEST FROM SAID RADIUS POINT; THENCE NORTH 48 DEGREES 11 MINUTES 06 SECONDS EAST A DISTANCE OF 1.73 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF MERIDIAN CORNERS BOULEVARD AS PER PLAT RECORDED IN PLAT CABINET 1, SLIDE 488 IN SAID RECORDERS OFFICE SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 545.00 FEET,THE RADIUS POINT OF WHICH BEARS NORTH 41 DEGREES 48 MINUTES 54 SECONDS WEST (THE FOLLOWING FOUR COURSES ARE ALONG THE SOUTHEASTERLY RIGHT OF WAY OF MERIDIAN CORNERS BOULEVARD); (1) THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 170.44 FEET TO A POINT WHICH BEARS SOUTH 23 DEGREES 53 MINUTES 46 SECONDS EAST FROM SAID RADIUS POINT; (2) THENCE SOUTH 66 DEGREES 06 MINUTES 14 SECONDS WEST A DISTANCE OF 199.95 FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A RADIUS OF 455. 00 Exhibit A to Ordinance No. Z-364-01 EXHIBIT A - CONT'D FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 23 DEGREES 53 MINUTES 46 SECONDS EAST; (3) THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 195.39 FEET TO A POINT WHICH BEARS NORTH 48 DEGREES 30 MINUTES 00 SECONDS WEST FROM SAID RADIUS POINT; (4) THENCE SOUTH 41 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF 3.99 FEET TO THE NORTHWEST CORNER OF SAID LOT 3 IN THE PARKS AT SPRINGMILL PLAT; THENCE SOUTH 47 DEGREES 29 MINUTES 40 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 3 A DISTANCE OF 305.97 FEET TO THE POINT OF BEGINNING, CONTAINING 1.87 ACRES, MORE OR LESS. Page 2 of Exhibit A to Ordinance No. Z 364-01 M:\Edc\chland.wpd13664 Sponsor(s): Councilor Wayne Wilson ORDINANCE NO. Z-364-01 AN ORDINANCE Of THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING DISTRICT CLASSIFICATION Rezoning 1.87 acres at the Northwest Corner of 131"Street and U.S. 31 from S-2 Residence District Classification to B-5 Business District Classification WHEREAS,.The Carmel Clay Plan Commission has recommended the rezoning of the real estate, the legal description of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section I: That the Official Zoning Map accompanying and made a part of the Zoning Ordinance is hereby changed to designate the following described real estate from the S-2 Residence District Classification to the B-5 Business District Classification. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. / PASSED by the Common Council of the City of Carmel, Indiana thisC 'filday of • •r ,. u 2001, by a vote of ayes and O nays. COMMON COUNCIL FOR THE CITY OF CARMEL ,74,....see., /3/teaptij ,, _zoo.fer....urior P esiding Officer . e I ri R. Koven ,.— - -- Kev.i'�rby, Pre��Pro -mpore N. Rundle . Robert-Battreall (----- L∎c• . nyder - - .- - 1 14 , - ' , son, Ronald E. Carter Wayne ► ilson R:1EDClchlande.wpd ATTEST: 7 - - r ()/j4:41--'(--/ .. Diana L. Cordray, IAMC, Clerk1-Tre urer ( Presented,by me to the Mayor of the City of Carmel, Indiana this .„-.7r day 2001, at .... i i-\ Ott.t.Z.'t_ Diana L. Cordray, IAMC, C/Ierk-TrTasurer ( ,) Approved by 1::-1-e17111a-yor-‹the City of Carmel, Indiana. this day of ,„---7- •, 2001, at .M. --,, --. , ''...' (- -" • j -). --/ Jaies Jarainarcl,'Mayor • . ,,,--- • '.:-.-...„:„. , i. . ',.'1 -----'"- :,., l' •.: .N.'■ \.1 c‘-'..,,k- ATTEST: .--:.C,-----".--- t-i)._ \\ - /": ... V. (---"--' I V----,.,'"-/ i Diana L. Cordray, IAMC,'Clerk-Treasurer • _.-- Prepared by: E. Davis Coots, COOTS HENKE & WHEELER, P.C., 255 E. Carmel Drive, Cannel, IN 46032 (317) 844-4693 it:\EDuch I uncle.wpd 13664 EXHIBIT A - LEGAL DESCRIPTION A PART OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST. SECOND PRINCIPAL MERIDIAN. CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE ON AN ASSUMED BEARING OF SOUTH 88 DEGREES 29 MINUTES 07 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 1368.92 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 53 SECONDS WEST A DISTANCE OF 45.00 FEET TO TEE SOUTHEAST CORNER OF LOT 2 OF THE PARKS AT SPRINGMILL RECORDED IN PLAT CABINET 2. SLIDE 341 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY. INDIANA, SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3036.83 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 75 DEGREES 38 MINUTES 30 SECONDS EAST A DISTANCE OF 3036.83 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT AND ALONG THE EAST LINE OF SAID PLAT AND ALONG THE SOUTHEASTERLY LINE OF LAND DESCRIBED INSTRUMENT NUMBER 94-13389. CONCENTRIC WITH THE NORTHWESTLY RIGHT-OF-WAY LINE OF U. S. HIGHWAY 31 (NORTH MERIDIAN STREET) I.S.H.C. PROJECT S.T.F. 222(9) 1973, AN ARC DISTANCE OF 413.62 FEET TO THE NORTHEAST CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING SAID POINT WHICH BEARS NORTH 67 DEGREES 50 MINUTES 18 SECONDS WEST FROM SAID RADIUS POINT; THENCE CONTINUING NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 559.87 FEET TO A POINT WHICH BEARS NORTH 57 DEGREES 16 MINUTES 30 SECONDS WEST FROM SAID RADIUS POINT; THENCE NORTH 48 DEGREES 11 MINUTES 06 SECONDS EAST A DISTANCE OF 1.73 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF MERIDIAN CORNERS BOULEVARD AS PER PLAT RECORDED IN PLAT CABINET 1, SLIDE 488 IN SAID RECORDERS OFFICE SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 545.00 FEET,THE RADIUS POINT OF WHICH BEARS NORTH 41 DEGREES 48 MINUTES 54 SECONDS WEST (THE FOLLOWING FOUR COURSES ARE ALONG THE SOUTHEASTERLY RIGHT OF WAY OF MERIDIAN CORNERS BOULEVARD); (1) THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 170.44 FEET TO A POINT WHICH BEARS SOUTH 23 DEGREES 53 MINUTES 46 SECONDS EAST FROM SAID RADIUS POINT: (2) THENCE SOUTH 66 DEGREES 06 MINUTES 14 SECONDS WEST A DISTANCE OF 199.95 FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A RADIUS OF 455. 00 Exhibit A to Ordinance No. Z-364-01 EXHIBIT A - CONT'D FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 23 DEGREES 53 MINUTES 46 SECONDS EAST; (3) THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 195.39 FEET TO A POINT WHICH BEARS NORTH 48 DEGREES 30 MINUTES 00 SECONDS WEST FROM SAID RADIUS PONT; (4) THENCE SOUTH 41 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF 3.99 FEET TO THE NORTHWEST CORNER OF SAID LOT 3 N THE PARKS AT SPRNGMILL PLAT; THENCE SOUTH 47 DEGREES 29 MINUTES 40 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 3 A DISTANCE OF 305.97 FEET TO THE POINT OF BEGINNING, CONTAINING 1.87 ACRES, MORE OR LESS. Page 2 of Exhibit A to Ordinance No. Z 364-01 M:\Edc\chland.vvpd13664