HomeMy WebLinkAboutApplication •
PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING
ORDINANCE
(REZONE APPLICATION) ti fir^
4. ,
$500 plus $25.00 per acre triel
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Date: October 26, 2000
Docket No. Iqg _ _ i :_
Name of Owner: DePauw University and Earlham College do McHale Cook& Welch
Address of Owner: Chamber of Commerce Bulding, 320 N. Meridian Street, Suite 1100,
Indianapolis, IN 46204-1781
Record of Ownership: Instrument Number 94-04132 Purchase Date: Under Contract
Legal Description (Use additional page(s) if necessary): See attached legal description
Common Address of Property Involved (or General Description if no Address Exists):
Northwest corner of U.S. 31 and 131st Street approximately eleven '11) cres (0
Proposed Zoning Change: The property will be rezoned from S-2 District to B-5 for the
property shown outlined in red on the attached map made a part of this Petition.
Statement of compliance with the Carmel/Clay Comprehensive Plan
The Comprehensive Plan designates this area as regional, commercial/office area, the use for
which Petitioner seeks to rezone the property.
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AFFIDAVIT
I, being duly sworn, depose and say that I am the attorney for the owner of the property involved
in this application and that the foregoing signature, statements, and answers herein contained and
the information herewith submitted are in all respects true and correct to the best of my
knowledge and belief.
.AA 91t
William M. Braman
McHALE COOK& WELCH
Chamber of Commerce Building, Suite 1100
320 North Meridian Street
Indianapolis, IN 46204-1781
That applicant, correspondent, or agent (if different from owner or owners)
William M. Braman
McHALE COOK & WELCH
Chamber of Commerce Building, Suite 1100
320 North Meridian Street
Indianapolis, IN 46204-1781
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Date
State of Indiana )
)ss:
County of I-4)1 0 7 )
Before me the undersigned, a Notary Public for Hamilton County, State of Indiana, personally
appeared William M. Braman and acknowledged the execution of the foregoing instrument this
6° day of N , 2000.
. Coors
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LAND DESCRIPTION
Parcel 1
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 a distance of 1125.87 to the
POINT OF BEGINNING; thence continuing South 08 degrees 29 minutes 07
seconds West a distance of 243.05 feet; thence North 01 degrees 30 minutes 53
seconds West a distance of 45.00 feet to the 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, 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 and along the east line of said plat and along the southeasterly line of
land described in Instrument Number 94-13389, concentric with the
northwesterly right-of-way line of U. S. Highway 31 (North Meridian Street), 1. S.
H. C. Project S. T. F. 222(9) 1973, an arc distance of 973.49 feet to a point which
bears North 57 degrees 16 minutes 30 seconds West from said radius point;
'hence North 48 degrees 11 minutes'06 seconds East a distance of 1.73 feet to
pdjnt on the southeasterly right of way line of Meridian Corners Beulevard as
uer plat recorded in Plat Cabinet 1, Slide 488 in said Recorder's OUice; thence
t.;dntinuing along said right of way line North 48 degrees 11 minutes 06 seconds
East a distance of 125.88 feet to a curve to the right having a radius of 455.00
Meet; the radius point of which bears South 41 degrees 48 minutes 54 seconds
fast (the next two courses are along said right of way); (1) thence northeasterly
along said right of way line and curve an arc distance of 142.30 feet to a point
which bears North 23 degrees 53 minutes 46 seconds West from said radius
point; (2) thence North 66 degrees 06 minutes 14 seconds East a distance of
830.21 feet to the east line of the said Northwest Quarter; thence South 00
degrees 22 minutes 50 seconds East along said East line a distance of 248.57
feet to the said northwesterly right-of-way line of U. S. Highway 31 said right of
way line being a non-tangent curve to the left, the radius point of which bears
South 40 degrees 24 minutes 40 seconds East a distance of 2436.83 feet;
thence southwesterly along said right-of-way line and curve an arc distance of
1283.37 feet to a point which bears North 70 degrees 35 minutes 10 seconds
West from said radius point; thence South 80 degrees 56 minutes 59 seconds
West along said right of way line a distance of 380.20 feet;thence South 51
degrees 59 minutes 02 seconds West along said right of way line a distance of
31.10 feet; thence South 01 degree 30 minutes 53 seconds East a distance of
16.50 feet to the POINT OF BEGINNING, containing 19.44 acres, more or less.
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Schneidier
ZONING DESCRIPTION
EXCLUDING THE FOLLOWING DESCRIBED REAL ESTATE
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 1125.87 to the
point of beginning; thence continuing South 88 degrees 29 minutes 07 seconds.
West a distance of 243.05 feet; thence North 01 degrees 30 minutes 53 seconds
West a distance of 45.00 feet to the 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, 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
and along the east line of said plat and along the southeasterly line of land.
described in Instrument Number 94-13389, concentric with the northwesterly
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 831.86 feet to a point which bears North
59 degrees 56 minutes 49 seconds West from said radius point; thence South
61 degrees 53 minutes 05 seconds East a distance of 600.43 feet to the said
northwesterly right-of-way line of U. S. Highway 31 said right of way line being a
non-tangent curve to the left, the radius point of which bears South 59 degrees
28 minutes 10 seconds East a distance of 2436.83 feet; thence southwesterly
along said right-of-way line and curve an arc distance of 472.80 feet to a point
which bears North 70 degrees 35 minutes 10 seconds West from said radius
point; thence South 80 degrees 56 minutes 59 seconds West along said right of
way line a distance of 380.20 feet; thence South 51 degrees 59 minutes 02
seconds West along said right of way line a distance of 31.10 feet; thence South
01 degree 30 minutes 53 seconds East a distance of 16.50 feet to the beginning
point, containing 9,42 acres, more or less.
November 2;2000
11 INDYCIS\JOBS13k1335710021.doestRezoning Desc.doc
THE SCHNEIDER CORPORATION
Historic Fort I larriisan 8001 Otis Avenue Indianapolis,Indinnn 46216.1037 317.826-0 00 Toll free 800.898.0:437 rex 317-8207200
W Nw.schn eIGorc6r p.com
-;-y. N0V -02 -2001 FRI 01:08 PM CO•HENKE & WHEELER
FAX NO. 3175.85 P. 02
DEDICATION & DEED OF PUBLIC RIGHTS -OF -WAY
THIS INDENTURE W1TNESSETH:
That DePauw University ((Jointly and individually the "Grantor "), the fee simple owner(s) of the following
described real property ( "Properly ") described in attached Exhibit A. incorporated herein by this reference,
which Property is located in the City of Cannel, Hamilton County, State of Indiana, hereby grants, conveys
and warrants in fee simple and with no reversionary rights whatsoever retained, all of Grantor's rights, title,
and interest in the Property, to the City of Carmel, Indiana ( "Grantee "), subject to all existing easements and
rights-of-way of record, for the sum of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged..
This conveyance of real estate is not subject to Indiana gross income tax.
IN WITNESS WHEREOF, Grantor has executed this Instrument on the day of
2001.
"GRANTOR"
DePauw University
By:
(Authorized Signature)
(Printed Name and Title
STATE OF INDIANA
COUNTY OF
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the
above and acknowledged executing the foregoing Dedication and Deed of Public Right -of -Way.
Witness my hand and Notarial Seal this _ day of , 2001.
MY COMMISSION EXPIRES:
COUNTY OF RESIDENCE:
Notary Public
Notary Public (printed)
Instrument prepared by: Douglas C. I- fancy, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.
NOV-02-2001 FRI 01:08 PM COtHENKE & WHEELER
FAX NO. 3175.85
LEGAL DESCRIPTION FOR RIGHT -OF -WAY
DEPAUW UNIVERSITY
A part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Iamilton County, Indiana, being described as follows:
Commencing at the northeast corner of said Quarter; thence South 00 degrees 22 minutes
50 seconds East (assumed bearing) along the east line of said Quarter a distance of 1223.88 feet
to a point on the southeasterly right -of -way line of Meridian Corners Boulevard as per the plats
recorded as The Parks at Springmill, Section 4 in Plat Cabinet 1, Slide 652, and The Parks at
Springmill, Section 3 in Plat Cabinet 1, Slide 488 in the Office of the Recorder, of Hamilton
County, Indiana, said point also being the Point of Beginning (the following three courses are
along said right -of -way line); (1) thence South 66 degrees 06 minutes 14 seconds West a distance
of 830.21 feet to the point of curvature of a curve to the left having a radius of 455.00 feet, the
radius point of which bears South 23 degrees 53 minutes 46 seconds East; (2) thence
southwesterly along said curve an arc distance of 142.30 feet to a point which bears North 41
degrees 48 minutes 54 seconds West from said radius point; (3) thence South 48 degrees 11
minutes 06 seconds West a distance of 127.60 feet to the southeasterly line of a tract of land
described in Instrument #94 -13389 and a point on a non - tangent curve to the left having a radius
of 3036.83 feet, the radius point of which bears South 57 degrees 16 minutes 30 seconds East;
thence southwesterly along said curve an are distance of 47.42 feet to a point which bears North
58 degrees 10 minutes 10 seconds West from said radius point, said point being on a non- tangent
curve to the left having a radius of 560.00 feet, the radius point of which bears North 36 degrees
58 minutes 00 seconds West; thence northeasterly along said curve an arc distance of 47.39 feet
to a point which bears South 41 degrees 48 minutes 54 seconds East from said radius point;
thence North 48 degrees 11 minutes 06 seconds East a distance of 125.88 feet to a point on a
tangent curve to the right having a radius of 440.00 feet, the radius point of which bears South 41
degrees 48 minutes 54 seconds East; thence northeasterly along said curve an arc distance of
137.61 feet to a point which bears North 23 degrees 53 minutes 46 seconds West from said
radius point; thence North 66 degrees 06 minutes 14 seconds East a distance of 823.69 feet to the
east line of said Quarter; thence North 00 degrees 22 minutes 50 seconds West along the east line
of said Quarter a distance of 16.36 feet to the Point of Beginning, containing 0.39 acres (16,777
square feet), more or less.
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P. 03
NOV -02 -2001 FRI 01:08 PM C0• HENKE & WHEELER FAX NO. 3175 385
City of Carmel
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS -OF -WAY
WHEREAS, the foregoing Grantor having filed with the City of Carmel, Indiana ( "City "), its
Dedication and Deed of certain real property ( "Property") to the City for the purpose of establishing
City rights -of -way, which Dedication and Deed is attached hereto and incorporated herein as Exhibit
"A" hereinabove set forth;
AND WHEREAS, the City believes that said fee simple conveyance of property is desirable and
necessary and in the City's best interests;
NOW THEREFORE, the City, by and through its Board of Public Works and Safety, hereby accepts
said Dedication and Deed, and orders that the Instrument of Dedication and Deed described herein be
recorded in the Recorder's Office of the County of Hamilton, State of Indiana, and that said described
real property be, and the same hereby is, declared open and dedicated to the City.
SO ORDERED: CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
ATTEST:
James Brainard, Mayor
Date:
Billy Walker
Date:
Mary Ann Burke
Date:
Diana L. Cordray, IAMC, Clerk- Treasurer
Date:
ONE CIVIC SQUARECARMEL, INDIANA 46032317/571.2400
P. 04
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8 r °°
Commitments Concerning the Use and
Development of Real Estate
STATE OF INDIANA )
) SS:
COUNTY OF PUTNAM )
Pursuant to IC §36-7-4-615 and §31.6 of the Zoning Ordinance of the City of Carmel, Indiana,
DePauw University (hereinafter, "DePauw")makes the following Commitments to the Carmel
Common Council (hereinafter, the "Council").
Description of Real Estate:
[SEE ATTACHMENT - LEGAL DESCRIPTION OF PROPERTY]("REAL ESTATE")
Exhibit A
Statement of Commitments:
1. DePauw acknowledges that the State of Indiana Department of
Transportation (InDOT) is currently conducting an environmental
assessment concerning possible future improvements to U.S.
Highway 31 in Carmel and Westfield, Indiana, but that InDOT
does not expect to issue a final Environmental Impact Statement
pursuant to this assessment until 2003. DePauw further
acknowledges that the City of Carmel's Thoroughfare Plan, which
while not binding must he given due consideration by InDOT, calls
for a highway interchange to be constructed on or around the
subject Real Estate, and that this proposed interchange will in all
likelihood necessitate that all of the subject Real Estate be
eventually taken by InDOT. DePauw has requested a protective
purchase of the Real Estate from InDot, pursuant to CFR 710.503
and §23D.17.4 of the Carmel Zoning Ordinance, however, InDot
has declined to make the purchase. Because of the uncertainly
created by the future road improvements, DePauw has been unable
• •
to develop the Real Estate.
2. DePauw commits that any Development Plan that it submits to the
Carmel Clay Plan Commission, pursuant to the Cannel Clay
Zoning Ordinance, will reserve for acquisition by InDOT all of the
Real'Estate described above subject to expiration as stated in
paragraph 4.
3. Whenever DePauw believes that the reservation of the Real Estate
pursuant to Paragraph 2 above would result in the loss of all
reasonable and beneficial use of or return from the subject Real
Estate, then DePauw commits that it shall, before filing an inverse
condemnation claim or any other action against the City of Cannel
or the Council on account of such loss, request from InDOT a
hardship acquisition or protective purchase of the subject Real
Estate, pursuant to 23 CFR §710.503.
4. These commitments shall expire six (6) years from the date of
execution of this commitment or on the date that InDOT issues a
final Environmental Impact Statement showing that the subject
Real Estate will not be taken by InDOT, whichever is earlier.
5. Following the termination of these commitments, if the Real Estate
has not been acquired by the Indiana Department of Transportation
or the City of Cannel for road purposes, DePauw and its
successors and assigns shall be entitled to proceed with
development of the Real Estate in any manner consistent with the
requirements of the B-5 Zoning District in the Cannel Zoning
Ordinance. DePauw or its successors and assigns shall be entitled
to all ADLS approvals, building pernuits and other permits
reasonably necessary for the development of the Real Estate so
long as the applications for ADLS approval, building permits and
the like are consistent with the requirements of the B-5 Zoning
District requirements of the Carmel Zoning Ordinance.
- • •
Binding Effect:
Upon passage of an ordinance rezoning the Real Estate described in Exhibit A and approval of
the Architectural Design, Lighting, Landscape and Signage application of CMC Properties, LLC.
These Commitments will become binding on DePauw, each subsequent owner of the Real Estate,
and each person acquiring an interest in the Real Estate, unless modified or terminated by a
decision of the Carmel Clay Plan Commission or its successor made at a public hearing after
notice of the hearing has been given under its rules of procedure, or unless the Real Estate is
rezoned to a different zoning classification.
Recording:
The undersigned authorizes the Director of the Department of Community Services to record
these Commitments in the Office of the Recorder of Hamilton County, Indiana.
Enforcement:
DePauw hereby agrees to comply with these Commitments, and acknowledges that, should it fail
to comply with these Commitments, then the Council's approval of the rezoning of the Real
Estate to the B-5 Business District, in connection with which these Commitments have been
requested may be rescinded following notice of a public hearing to determine compliance with
these commitments.
These Commitments may be enforced by the Council or by the Director of the Department of
Community Services of the City of Carmel, Indiana.
• •
IN WITNESS WHEREOF, DePauw has executed these Commitments this day of
, 200_
DePAUW UNIVERSITY
By:
Printed
Title
STATE OF INDIANA )
COUNTY OF )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared , who acknowledged the execution of the
foregoing Commitments on behalf of DePauw University.
WITNESS my hand and Notarial Seal this day of , 20 .
Signed:
Printed:
Notary Public
My Commission Expires: My County of Residence is:
This instrument was prepared by John R. Molitor, Attorney for Law, 11711 N. Meridian St.,
Suite 200, Carmel, Indiana 46032.
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