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Home My WebLink AboutZ-336 DEFEATED Rezone/NW McDonald'sORDINANCE NO. Z-336 AN ORDINANCE AMENDING ZONING ORDINANCE NO. Z-289, AS AMENDED AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. Z-289, AS AMENDED, OF THE CITY OF CARMEL AND CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT ZONING ORDINANCE NO. Z-289, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: That the Zone Map accompanying and made a part of Zoning Ordinance Z-289, as amended, is amended to reclassify from the B-8 Business District Classification to the B-3 Business District Classification the real estate legally described in Exhibit A attached hereto and made a part hereof. That this Zone Map Amendment shall be effective only if Special Use Approval Docket No. SU-24-99 is approved by the Carmel/Clay Board of Zoning Appeals within ninety (90) days of the passage of this ordinance. The Common Council of the City of Carmel declares that this ordinance shall be in full force and effect from and after its passage. 'De-~ce°-"ve-d e/~s PASSED by the Common Council of the City of Carmel, Indiana, on th t day of June, 1999, by a vote of ~ ayes and ,Z..J nays. Presiding Officer COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA '~uLu 'Scanty ~e~ ' John R. Koven ::ODMA~vlHODMA\NO1 ;28139;1 Robert Battreall Ronald E. Carter N.L. Rundie Wal~k~r'' ATTEST: Diana ~C,~Cierk-Trea e r Presented by me to the Mayor of the City of Carmel, Indiana, the 2-ta day of June, 1999. Diana L. Cordr/~~ay, I~ ' ' urer Approved by me, Mayor of the City of Carmel, Indiana, this .j~l~~ay of June, 999~~. /~ C es C. Bra~nard, Mayor ATTEST: . I~:C ~orra. yl 'r Diana . , , er This Instrument Prepared by: Philip A. Nicely BOSE McKINNEY & EVANS LLP 8888 Keystone Crossing, Suite 1500 Indianapolis, IN 46240 ::ODMA~vlHODMA\NO1 ;28139;1 Tract I . (Western Site) LEGAL DESCRIPTION per Title Commitment No. 98297847 A part of the South Half of Section ,31, Township 18 North, Range 4 East, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest corner of said Half Section; thence North 01 degree 04 minutes 45 seconds West, along the West line of said Half Section, a distance of 1752.85 feet (The next 5 courses being along the centerline of Cormel Drive); running thence North 89 degrees 55 minutes O0 seconds East, o distance of 600.00 feet to the point of curvature of o curve to the left, said curve having a delta of 20 degrees O0 minutes O0 seconds and o radius of 1145.92 feet; thence in a Northeasterly direction along said curve. o distance of 400.00 feet to the Point of Tongency thereof, thence North 69 degrees 55 minutes O0 seconds East o distance of 238.51 feet to the point of curvature to a curve to the right. said curve having a delta of 20 degrees O0 minutes O0 seconds and a radius of 1145.92 feet; thence in o Northeasterly direction along said curve, a distance of 400.00 feet to the Point of Tangency thereof; thence North 89 degrees 55 minutes O0 seconds East, o distance of 1750.85 feet to the intersection of the centerline of Cormel Drive and Keystone Way; thence North O0 degrees 05 minutes O0 seconds West along the centerline of Keystone Way, o distance of 301.35 feet to the South line of o 7.,38 acre tract of land described in o deed to Ralph L. Wilfong as'recorded in Deed Record 284, page 604; thence South 89 degrees 55 minutes O0 seconds West along said South line, o dlstonce of 25.00 feet to the West right-of~way line of Keystone Way, said point also being the Southwest corner of the first tract of land described in a deed to Themes D. Wilson as recorded in Deed Record Book 525, page 421; thence continuing South 89 degrees 55 minutes 00 seconds West along the South line of sold Wilfong tract o distance of 246.76 feet to the POINT OF BEGINNING; thence continuing South 89 degrees 55 minutes O0 seconds West along said South line, o distance of 246.76 feet to the Southwest corner of said Wilfong tract; thence North 00 degrees 05 minutes 00 seconds West along the West line of said Wilfong tract, o distance of 386.95 feet to a point on the North line of said South half, said point also being the Northwest corner of said V~ilfong tract; thence North 89 degrees 55 minutes 00 seconds East along said North line, a distance of 246.76 feet; thence South 00 degrees 05 minutes 00 seconds East, a distance of 586.85 feet to the POINT OF BECINNINC. EXHIBIT A Tract II (Eastern Site) LEGAL DESCRIPTION per Title Commitment No. 98297863 A port of the South Half of Section 31, Township 18 North, Range 4 East, Hamilton County, indiana, described as follows: Commencing at the Southwest Corner of said Half Section, thence North 01 degrees 04 minutes 45 seconds West, alan9 the West line of said Half Section, o distance of 1752.85 feet. (The next five (5) courses along the centerline of Cormel Drive); thence North 89 degrees 55 minutes 00 seconds East, o distance of 600.00 feet to the point of curvature of o curve to the left, said curve having o delta of 20 degrees 00 minutes 00 seconds and o radius of 1145.92 feet; thence in o Northeasterly direction alan9 said curve, o distance of 400.00 feet to the Point of Tongency thereof; thence North 69 degrees 55 minutes O0 seconds East, a distance of 238.51 feet to the Point of Curvature of o curve to the right, said curve having o delta of 20 degrees 00 minutes O0 seconds and a radius Of 1145.92 feet; thence in o Northeasterly direction along said curve a distance of 400.00 feet to the Point of Tongency thereof; thence North 89 degrees 55 minutes 00 seconds East, o distance of 1750.85 feet to the intersection of the centerlines of Cormel Drive and Keystone Way; thence North 00 degrees 05 minutes 00 seconds West along the center line of Keystone Way, a distance of 501.35 feet to the South line of 7.58 acre tract of land described in a deed to Ralph L. Wilfong as recorded in Deed Record 284, page 604; thence South 89 degrees 55 minutes O0 seconds West along said South line, o distance of 25.00 feet to the West right-of-way line of Keystone Way, said point also being the Southwest corner of the first tract of land described in o deed to Thomas O. Wilson as recorded in Deed Record Book 325, page 421, said point also being the POINT OF BEGINNING of this description; thence continuing South 89 degrees 55 minutes O0 seconds West along the South line of said Wilfong tract o distance of 246.76 feet; thence North 00 degrees 05 minutes 00 seconds West parallel with the West line of said Wilfon9 tract, o distance of 386.85 feet to o point on the North line of said South Half Section; thence North 89 degrees 55 minutes O0 seconds East along said North line, o distance of 246.76 feet; thence South O0 degrees 05 minutes 00 seconds East alan9 the West line of said Wilson tract o distance of 586.85 feet to the POINT OF BEGINNING.