HomeMy WebLinkAboutBPW-04-21-93-01Lynnwood FarmsBE IT RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF CARMEL, INDIANA:
1. Definition
The term "Lynnwood Farm" refers to certain real estate consisting of five
hundred thirty-five acres and located within the City of Carmel, which real estate
is commonly referred to as Lynnwood Farm, as more particularly described in
Exhibit A. The term "LF Golf Course" refers to a golf course consisting of not
more than one hundred ninety-five acres, which may in the future be
constructed on the Lynnwood Farm property.
Findings and Policy
In general, the City of Carmel favors the preservation of open space and the
development of recreational facilities. Construction of a golf course is one
method of furthering both objectives. The Carmel City Code authorizes the
Board of Public Works to approve non-applicability of certain utility fees for golf
courses.
3. Approval as to Water Availability Fees
The Board of Public Works hereby approves non-applicability of water
availability fees for the LF Golf Course as provided for in Section 9-198 of the
I
Carme City Code. Notwithstanding the foregoing approval, such fees shall be
payable with respect to any building located on the LF Golf Course that is
served by Carmel water, with the availability fees based on the acreage
necessary to support each building and to satisfy the zoning requirements for
each Such building (such as parking areas, setbacks. and so forth). This
approval is conditional upon subsequent planning and zoning approval to the
extent that such approval is required by Carmel zoning ordinance.
4. Approval as to Water Connection Fees
Water connection fees are levied with respect to usage rather than acreage.
Such fees shall be payable with respect to buildings on the LF Golf Course, but
shall not be otherwise payable with respect to the LF Golf Course unless the
golf course is irrigated with treated water provided by the City of Carmel. Water
connection fees shall not be payable if such golf course is irrigated with
untreated water provided by the City of Carmel pursuant to an agreement
negotiated between the City and the owner of the LF Golf Course. Sucl~ ain
agreement may also provide for discounted use fees and shall be subject to
approval by the Board of Public Works. Alternatively, the owner may elect to
irrigate with private wells or with water from a third-party source.
EXHIBIT A
LEGAL DESCRIPTION
Part of the Northvzest Quarter and part of the South Half of"Section 27 and part of tt~e
North Half of Section 34 and part of the Northeast Quarter of Section 28 all in
Townsnil] 18 North, Range 4 East, in Hamilton County, Indiana, more particularly
described as follows:
Beginning at the Northwest corner of the Southwest Quarter of said Section 27; thence
South 00 degrees 17 minutes 50 seconds West (assumeO bearing) 1844.10 feet along the
West line of said Quarter Section to a point whicl] bears North O0 degrees 17 minutes 50
seconds East 800.00 feet from., tI~e Southwest Corner of said quarter Section; thence
South 89 degrees 53 minutes 43 seconds East 400.00 feet parallel with the South line of
said quarter Section; thence South 00 degrees 17 minutes 50 sacends West 800.00 feet,
parallel'with said Viest line, to a point on the said South line; thence South 89
degrees 53 minutes 43 seconds East 1156.39 feet along the said South line;,thence South
00 degrees 08 minutes 46 seconds West 2360.88 feet to a point on the North line of
Northwood Hills, First Section, the plat of which was recorded November 14, 1955 in
Plat Book 2, pages 38 and 39 in the Office of the Recorder of Hamilton County, Indiana,
said point being 298.00 feet North of the 5outh line of the North Half of said Section
34; thence South 89 degrees 31 minutes 07 seconds East 1382.10 feet along the'North
line of said Northwood Hills, First Section and parallel with the said South line;
thence Sout~ O0 degrees 07 minutes 39 seconds West 0.60 feet, parallel with the East
line of t~e North Half of saiO Section 34, to a point which lies North 89 degrees 31
minutes 07 seconds West 23D5.00 feet from said East line; thence South 89 degrees 31
minutes 07 seconds East 2355.00 feet, parallel with the said South line, to a point on
the East' line of the said Nortl~ Half Section which bears North 00 degrees 07 minutes 39
seconds East 297.40 feet from the Southeast Corner of the Northeast quarter of said
Section 34; thence North O0 degrees 07 minutes 39 seconOs East 2378.48 feet to the
Southeast corner of the Southeast quarter of said Section 27; thence North 89 degrees
44 minutes 56 seconds West 1323.17 feet to the Southeast corner of the West Half of the
said Southeast Quarter Section, said Southeast corner being also South 89 degrees 44
minutes 56 seconds East 1323.17 feet from the Southwest corner of said Southeast
quarter Section; thence North O0 degrees 07 minutes 13 seconds East 2643.89 feet to the
Northeast corner of the said West Half quarter Section, said Northeast corner bears
North 89 degrees 50 minutes 58 seconds West 1322.57 feet from the Northeast corner of
the said Southeast quarter Section; thence North 89 degrees 50 minutes 58 seconds West
1322.57 feet to the Southeast corner of the Northwest Quarter of said Section 27;
t~ence North O0 degrees 18 minutes 10 seconds East 1379.68 feet; along tne East line of
said Northwest quarter Section, to a stone; thence North 89 degrees 54 minutes 22
seconds West 2637.74 feet to a stone on the V~est line of said Northwest quarter
Section, said stone bears North 00 degrees 20 minutes 43 seconds East 1376.66 feet fr~
the Southeast corner of said Northwest Quarter Section; thence North 89 degrees 5D
minutes 53 seconds West 287.43 feet; thence South O0 degrees 20 minutes 43 seconds West
561.00 feet, parallel with the East line of the Northeast Quarter of said Section 28,
to a point wl~lch lies ~87.43 feet West of the said East line and 813.95 feet North of
the South line of the said Northeast Quarter Section; thence North 77 degrees 52
minutes 47 seconOs West 298.33 feet; thence South O0 degrees 20 minutes 43 seconds West
874.50 feet, parallel with the said East line, to the said South line; thence South 89
degrees 35 minutes 24 seconds East 579.48 feet to the Southeast corner of said
Northeast Quarter Section and the point of beginning.
Carmel Board of Public Works and Safety
April 16, 1993
Page Two
5. Confirmation as to Sewer Fees
The Board hereby confirms that sewer availability fees are not payable with
respect to a golf course, including the LF Golf Course, except that such fees
shall be payable with respect to any buildings located thereon and served by
Carmel sewer utility service, in the same manner as described above for water
availability fees. Sewer connection fees are levied based on sewer usage
volumes rather than acreage; accordingly, such fees shall be levied with
respect to the buildings located on the LF Golf Course but shall not be
otherwise payable with respect to such golf course regardless of irrigation.
6. Continuing Applicability
The approval and confirmation set forth in this resolution shall be permanent,
shall run with the land and shall be binding upon and inure to the benefit of the
current owners .of Lynnwood Farm, their successors and assigns.
APPROVED, this ~i ~ day of April, 1993.
CARMEL BOARD Of
PUBLIC WORKS AND SAFETY
Ted J~hnson
.
Steve Brown