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HomeMy WebLinkAboutZ-328 Meridian Plastic Surgery CenterORDINANCE NO. Z-328 AN ORDINANCE AMENDING ZONING ORDINANCE NO. Z-160, AS AMENDED AN ORDINANCE AMENDNG THE ZONING ORDINANCE NO. Z-160, AS AMENDED, OF THE CITY OF CARMEL, AND CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT ORDINANCE NO. Z-160, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: That the zone map accompanying and made a part of Zoning Ordinance Z-160, as amended, is amended to reclassify the following described real estate from the S-2 Residence District Classification to the B-5 Low Intensity Commercial Classification: Legal Description: A part of the Southwest Quarter of Section 2, Township 17 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest corner of Section 2, Township 17 North, Range 3 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence North 89 degrees 13 minutes 00 seconds East (assumed bearing) 1,151.10 feet on the south line of said Southwest Quarter to the POINT OF BEGINNING of the herein described tract of ground; thence North 00 degrees 00 minutes 03 seconds West 205.00 feet, parallel with the west line of said Southwest Quarter; thence North 89 degrees 13 minutes 00 seconds East 130.00 feet, parallel with the south line of said Southwest Quarter, to a point on the west line of that real estate described in Instrument No. 90~09362 and recorded in the Office of the Hamilton County Recorder; thence South 00 degrees 00 minutes 03 seconds East 205.00 feet on the west line of said real estate to the southwest comer thereof, said comer being on the south line of said Southwest Quarter Section thence South 89 degrees 13 minutes 00 seconds West 130.00 feet on the south line of said Southwest Quarter to the POINT OF BEGINNING, said tract contains 0.612 acres more or less. Subject to the fight-of-way of west 106th Street. Subject to all record and non-record easements, rights-of-way, restrictions and convenants. 387119 The above-described real estate is located immediately West of the Meridian Plastic Surgery Center, approximately one quarter mile West of U.S. 31 on the Northside of 106th Street. This Ordinance shall be in full force and effect from and after its passage. PASSED by the Common Council of the City of Carmel, Indiana this ~.~_~.~_v~ ,199 8~ , by a vote of ~ ayes and d5 nays. -- day of COMMON COUNCIL FOR THE CITY OF CARMEL ~t~siding Officer Robert l~attr'eall, Pre. sid~n~ I ]  ame y Mille4' - Jk6 lald E Carter Bill~Valker Dian~ L. Cordray, Clerk-~?er, IAMC Presented by me to the Mayor of the city of Carmel, Indiana, on the ~_~..~.~-,,_ , 199 ~ . /~ Approved by me, Mayor of the City of Carmel, Indiana, this ~, 199.~ . - B~ainard, Mayor ~7'c~x day of Diana L. Cordray, Clerk-TrfJurer, IAMC day of ATTESt7. Diana L. Cordray, Clerk-Trea~r, IAMC 387119 2 CO~¥h-MITMENTS CONCERNING THE USE AND DEVELOPNfENT OF REAL ESTATE Indiana Farmers Mutual Imurance Group c/o Meridian Plastic Surgery Center, PC (hereafter, "Applicant"), makes the following Commitments to the City of Carmel. DesCription of Real Estate: (See Exhibit A Attached Hereto) Statement of Commitments: That the only use of the subject property shall be that of an open air pa~king lot pursuant tO plans fried. The plans reflect landscaping detail, lighting detail and curbing on the exterior. Upon request of the City, a sidewalk shall be constructed at the expense of Meridian Plast[c Surgery Ccmter, P.C.alOllg 106~ Street per prior commkment for adjoin{ng property to the east. 3, Applicant has no opposition to annexation. The Applicant understands that representations made inNo. I above shall survive the ownership of the property. The Applicant will make the requiremenu of No. 1 above an intricate part of any agreement to sell the property.. Binding on Heirs, Successors and Assigns. This agreement shall be binding on its heirs, successors and assigns. These commltments are binding on the owner of the Real Estate, each successor owner of the Real Estate and each person acquiring intere~ in the Rea] Estate, unless modified or terminated by governmental authority authorized to modify. Recording. The undersigned a~ees to record these commitments in the Office of the Recorder of Hamikon County, Indiana, upon the rezoning of the property. Enforcement. The commitments may be enforced by the Carmel/Clay Plan Commission ~n'd/or the City of Carmel, IndDn~. Exccutedthis 16th day of September , 1998. Indiana Farmers Mutual Insurance Group Printed: Daniel E. Stone Title: president STATE OF ]2q'DIANA, COUNTY OF H.~MILTON: BEFORE ME, a Notary public in and for said County and State, personally appeared Daniel E. Stone, thc President of India_ua Farmers Mutual Insurance Group, who acknowledged the execution of the foregoing Commitments. .. Residing in /-/'~tm;lJ~~'--3 County. My Commission Expires:,/~tt:c-/----9-'~,/c{q~} This Instrument Prepared By: Mary E. Solad*. BINGHAM SU'MM'EP~ WELSH 8: SPILMAN, 2700 Market Tower, I 0 West Market Street, Indianapolis, Indiana 46204-2982. TOTAL PAGE.04 ~ Civil Engineers ALLAN H. WEIHE, P.E., L.S. . Land Surveyors PRESIDENT Land Planners MICHAEL L. DEBOY~ L.S, Landscape Architects VICE P~ESiDENT LEGAL DESCRIPTION - (New Parking Area) A part of the Southwest Quarter of Sectlon 2, Township 17 North, Range 3 East of'the Second Principal ,Meridian ia Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the southwest comer of' Section 2, Township'l 7 Noah, Range 3 East of the Second l'rincipM Meridi~q in Clay Township, Hamlkon County, Indiana; thence Nor[h 89 degrees 13 minutes 00 seconds East (assumed bearing) 1,151.10 feet on the south tlne or.id Southwes: Quaaer to the POINT' OF' B EGINN lNG of the herein described tract oF~round' thmnr.~ N.'r~-th AA A ...... AA ~: ...... A~. ..... ~. · CERTII*ICATION OF PLAIN COM3{ISSION'S RECOMg4~NDATION ON ORDINANCE TO CHANGE ~ OFFIC'L4.L ZONI~NG MAP FOR Tm~. CITY OF CAR.,M~L AND CI.,AY TOWNSHTP PURSUANT TO 13rDIANA CODE 36-74-605 To: The Honorable Common Council of the City of Carmel Harmlton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application of Indiana Farmers Mutual Insurance Group C/O Meridian Plastic Surgery Center, P.C., (copy attached) petitioning the Commission to rezone the following real estate located in Hamilton County, Indiana, to-wit: real estate commonly known as 200 West 106th Street, and more particularly described in Exhibit "A" attached hsreto and made a part hereof, from Zone Classification S-2 District to B-5 District, together with certain Commitments Concerning the Use and Development of Real Estate attached hereto a.nd made a part hereof. The Carmel/Clay Plan Commission's recommendation on the petit/on of the applicant is FAVORABLE. At its regularly scheduled meeting of October 20, 1998, the Carmel/Clay Plan Commission approved the requested Rezone by a vote of 12 in favor, none opposed. AT~EST: ?/ Paul Spranger, President