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HomeMy WebLinkAboutZ-341 Woodland Golf Club Subdivision RezoneORDINANCE NO. Z-341 AN ORDINANCE AMENDING ZONING ORDINANCE NO. Z-160, AS AMENDED AN ORDINANCE AMENDING THEZONING ORDINANCE NO. Z- 160, AS AMENDED, OF THE CITY OF CARMEL, AND CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA ("Zoning Ordinance') BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT THE ZONING ORDINANCE AS AMENDED~ lS HEREBY AMENDED AS FOLLOWS: That the Official Zoning Map accompanying and made a part of thc Zoning Ordinance is hereby changed to designate the following described mat estate from the R- I Residence District Classification to the B-8 Business District Classification: Part of the North Half of Section 6. Township 17 Noah, Range 4 East in Clay Township. Hamilton County, Indiana, described as follows: Commencing at the Northwest comer of Section 6, Township 17 North, Range 4 East; thence South 89 degrees 53 minutes 03 seconds East (assumed bearing) on the North line of said Section 6, (being a straight line between said Northwest comer and the Southeast comer of Section 31, Township 18 Noah, Range 4 East as said comers were monumented with Harrisan Workers on September 23, 1999) a distance of 2265.00 feet to the Northeast comer of WOODLAND GOLF CLUB SUBD IVI S ION, a subdivision in Han~ilton County, Indiana, the plat of which is recorded on pagcs 545 and 546 of Deed Record 136 in the Office of the Recorder of Hamilton County, Indiana, said comer being the PLACE OF BEGINNING of the within described real cstatc: thcnec continuing South 89 degrees, 53 minutes. 03 seconds East on said North line of section 6. a distance of 5g 1.41 fecI to a point that is 750.00 feet West of the ccntcrline of Indiana State Road 431, (dcsignatcd as line "E" on I, S.H,C. plans fbr P ro. icet Number S-165 (13). dated 1959 and revised August 3, 1964): thence South 00 degrees 04 minutes 33 seconds Wcst, passing through a I,SH,C. Right of Way Marker, a distance of I 8.01 feet to the Southerly right-of-way line of I I 6~h Street at point that is 2000 feet South 00 degrees 04 minutes 33 West of survey line "5-6-E" on said I.SH,C. plans; (the following three courses arc on said Southerly right-of-way line) I )thcnec South 75 degrees 53 minutes 16 seconds East 103.08 fcct to a point that is 45.00 feet South of said survey line ~'5-6-E': 2.) thence South 89 degrees 06 minutes 20 seconds East 350.04 fect to a point that is 50.(10 seconds fcet South of said survey line; 3.) thence South 87 degrees 03 minutes 42 seconds East 100.13 feet to a point that is 55.00 feet South of said survey line, said point being on the Westerly limited access right-of-way line of said Indiana State Road 43 I, per the aforesaid I.S .H.C. plans: thence South 48 degrees 51 minutes 27 seconds East on said right- of-way line 126.28 feet to a point that is 105.00 feet west of line "E" on said plans: thence South 02 degrees 52 minutes 32 seconds East on right-of-way line 200.25 fect~ thence South O0 dcgrecs 42 minutes I 1 seconds West on said right-of-way line 347.17 fect; thenec North 79 degrees 19 minutes 04 seconds West 1002.87 feet: thcaec Noah 33 degrees 33 minutes 52 seconds West 44634 feet to the Southeast comer of Lot Number 33 in the aforesaid WOODLAND GOLF CLUB SUBDIVISION: thence North 00 degrees 06 minutes 57 seconds East on the East line of said subdivision 127,00 feet to the place of beginning. containing 14.378 acres, more or less. The Real Estate is located West of and adjacent to Keystone Avenuc and South of and adjacent to E. I 16'h Street. This Ordinance shall bc in full force and effect from and after its passage. 7p , 0 ASSED by the Common Council of the City of Carmel, Indiana this 19th da~ of June, 200 by a vote of ~ ayes and C~ nays. Approved by me, Mayor of the City of Ca~cl, Indiana i~i 19'" day of June, 20~1(I. nard, Diana L, Cordray, IAMC, Clcrk-Tr?~rcr This Document Prepared By: James J. Nelson, NELSON & FRAN KENBERGER, 3021 E. 98~h Street. Suite 220, Indianapolis, 1N 46280 Date: October 19. 1999 PETITION TO CHANGE ZONING ORDINANCE Plan Commission Docket Number: NOTICE: This Application must be typewritten, accompanied by the information specified on the instruction sheet attached herewith and filed by the legs owners of fifty pereenmm (50%) or more of the real estate in the area involved in this petition by the 1' of the month. NameofApplicant:LinderGrou~.Inc. PhoneNo.: 317/844-5313 Address of Applicant: 8555 N. River Road. Suite 375. Indianapolis. IN 46240 Name of Owner: Woodland Country Club, Inc. Address: 100 Woodland Lane. Cannel. IN 46032 Premises Affected, Street & No.: 100 Woodland Lane Between Street and Lot Nos. in Addition. Metes and Bounds Description: See Exhibit A Plot Size3q*~Aeres fronting on East 116a~ Street and Keystone Avenue Date Property was Purchased: Nature & Size of Improvement Now Existing on Plot: Part &Woodland Country Club's Golf Course Approximate Cost of Proposed Improvement: To be determined. PRESENT ZONING: R- 1 Resident REQUESTED ZONING: B-8 Business District Attach on a separate sheet, a detailed description of change applied for, specifying whether Rezoning and/or Amendment or Supplement to the resolutions of the Master Plan Zoning Ordinance Revised January 21, 1980. The above information, to my knowledge and belief, is true and correct. OWNER: BWy~~ Clinton D. Bucher, President APPLICANT: Gary I. Linder, Pres~ent STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Clinton D. Bucher, President and Gary L Linder, President, and acknowledged the execution of the foregoing Petition To Change Zoning Ordinance. WITNESS my hand and Notarial Seal this ~ day of~ ,1999. Notary Public , Residing in ~ County PrintedN~me:~FtCM~ A .Clef faG_ft./ A fee ors ~ to be paid to the City of Carreel attached hereto. NOV ~ JAMES J. NELSON CltAnr.~,'~ D. FRANKENBERGER JAMF_.S E. SIIINAVER LAWRENCE J. KEMPER JOItN B. FLAIr of counsel JANE B. MERRIll, & FRANKENBERGER A PROFESSIONAL CORPORATION ATrORNEYS-AT-LAW May 16, 200 3021E~rS~thSm~'r $u'rs2,20 Ifa~,s~,ous, ba~ta4~0 317~44-010~ FAX: David A. Cremeans Camel Plan Commission Dear Mr. Cremeann: In preparation of the May 16, 2000, Plan Commission meeting, please be advised that Woodland County Clob, Inc., is submitting as an amendment to the Commitments Concerning The Use And Development Of Real Estate, dated May 12, 2000, the following: 1. Paragraph 3(C) of the Commitments are hereby amended to include the following: A. The right &first refusal to be executed by and between Owner and the City of Carmel, Indiana, shall contain the following or similar language: "The fair market value of the Real Estate for the purpose of this Right Of First Refusal shall be based on the zoning classification of the Real Estate being R- 1 Residence District." Should you have any questions, please feel free to contact me. With kindest regards, 0 & ~RANKENBERGER JJN/jmb COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE The undersigned, The Linder Co., (heroinafter "Owner"), the Contract Purchaser of the following described real estate located in Hamilton County, Indiana (heroinafter '¢Real Estate"), makes the following Commitment Concerning the Use and Development of Real Estate to the Cannel Plan Commission (heroinafter "Commission") and the City of Carme1. 1. Descrintion of Real Estate. See Exhibit "A" hereto. ("Real Estate"). 2. Docket No. 105-99-Z 3. Statement of Commitments. Owner commits that the provisions of the B-8 Business District Classification, notwithstanding, the permiRed and permitted special uses listed on Exhibit B hereto shall be prohibited on the Real Estate. Owner commits that the following type of restaurants shall be prohibited on the Real Estate: I. Restaurants with drive through window food sales; or 2. Restaurants with curbside food sales and service; or Restaurants traditionally providing drive through window food sales. Owner further commits that the Real Estate shall be developed as a mixed use development subject to the following restrictions: (i) Office Use - Minimum of 30,000 square feet (ii) Retail and S6rvice Uses (including financial institutions) - Maximum of 45,000 square feet (iii) Restaurant Use - .Maximum of 24,000 Square feet O~.aer further commits that the aggregate square feet of building(s) to be constructed on the Real Estate shall not exceed 95,000 square feet. E. Owner further commits that the number of buildings to be constructed on the Real Estate shall be seven (7). F, Owner further commits that no building to be constructed on the Real Estate shall exceed 35,000 square feet in size. Owner further commits that the maximum number of curb cuts from E. 116th Street serving the Real Estate shalt be two. Owner further commits that the existing trees within the part of the Real Estate designated on Exhibit "C", as Tree Preservation Area, shall be preserved except for such clearing a~ may be required to accommodate the E. 116e' Street Road Project, and to maintain good husbandry practices. Owner further commits that ground identification signs will be prohibited along Keystone Avenue frontage of the Real Estate except that one ground identification sign shall be permitted at the southwest comer of E. 116~ Street and Keystone Avenue.) Owner further commits to dedicate to the City of Carmel, Indiana, without compensation, the fight-of-way required for the E. 1 l 6th S treat Road Project, pursuant to the plan therefore as prepared by A&F Engineering. Any building constructed on the Real Estate shall include a maximum of two (2) retail tenants. Bindin~ on successors and Assimm. These commitments are binding on the Owner 0fthe Real Estate, each subsequent Owner of the Real Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. Thesecommitrnentsmaybemodifiedorterminatedonlybyadecision of the Commission made at a public hearing after notice as provided by the rules of the Commission. Effective Date. These commitments contained herein shall be effective upon the adoption of an ordinance by the Carreel City Council changing the classification of the Real Estate on the Official Zoning Map from R-1 Residence District to B-8 Business District and shall continue in effect for so long as the Real Estate is zoned B-8 Business District unless modified or terminated by the Commission as provided above. Recording. The undersigned hereby authorizes the Director of the Department of Community Services or the Secretmy of the Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana, following the effective date. Enforcement. These commitments may be enforced by the Commission and the City of Carmel, Indiano, Executed this/.,~Lday of May, 2000. Giy [. Linder, Presidep, t/ STATE OF INDIANA ) )SS: COUNTY OFT}ZIM.,~ ) Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Gary I. Linder, President, of The Linder Co., and acknowledged the execution of foregoing Commitments Concerning The Use and Development of Real Estate. W1TNESS my hand and Notarial Seal this]~Lday of May, 2000..~ij;:"',"' ,:t .i . ~,, ,,,es,d,,,gin ounty ,!1 i ' · PltliClAAW,M, IJ~! This Document Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 E. 98th Street, Suite 220 Indianapolis, IN 46280 ~E,3 ~i P~. d/5- Pan of the North HalfofSection 6, Townsl'jp 17 North, Range 4 East in Clay Township. I-{amilten County, Indiana. de~'~ibed as follows: Commcncing at the Northwest corner of Section ~, Township 17 Nor'oh, Range 4 East; lhen~ South 89 degrees 53 minutes 03 seconds l~ast (assurne. cl bearing) on the North line of saW Section 5, (being a straight line bev,veen seid Northw~t cornr. r and the Southeast corner ofS~ction 3 l, Township I North, Range 4 East as said comers were monumented with I-hrtisan Workers on September 23. 1999) a distance of 2265.00 feet to the Northeast com~' of WOODLAND CK)LF C!,UB SUBDIVIS/ON. a subdivision in Hamilton County, Indiana. the plat ofwhWh is recorded on pages 545 and 546 of Deed Record 136 in the Of~ce ofthe Recorder of Hamilton County. indiana, said corner being the PLACE OF BEGINNING or the within described real estate; thence continuing South 89 degree~ 53 minutes, 03 seconds East on said North line of'section 6, a distance of 581,41 fen to a point that is 750.00 feet West of the centerline of'lndlana State Road 433, (designated as llne "E" on l.S.KC. plans for Proje~ Number S-165 (13), dated 1959 ~ revised August 3, 1964); thence South 00 degrees 04 minutes 33 seconds West, passing through a. I.S,H,C. Right of Way Marker, a distance of 18,0 l ree~ to the Southerly fight-of-way line or ] 16'b Street at point that is 20.00 feet South 00 degrees 04 minutes 33 West orsurcey line "5-6-E' on said I.S.H.C. plus; (the following three courses are o~I said Southerly fight-of-way line) 1.) thence South 7S degrees 53 minutes 16 seconds East ] 03.08 fr.t to a point that is 45.00 feet South of said survey line 2.) thence South 89 degrees 06 minutes 20 seconds East 350.04 feet to a point that is 50.00 seconds feet South of said suv/cy line,; 3 .) thence ~outh 87 degrees 03 minu~es 42 seeoraLs Fast 100.13 ~t to a point that is 55.00 feet South orsnit[ survey line, said l:oint being on the Westerly limited right-of-way line of said India State Road 43 I. par the aforeraid I.S.H.C. plans; theec~ South 48 degrees 51 minutes 27 seconds East on said fight-of-way line 126.28 feet to ~point that is 105.00 feet west of line "B' on aid plans; thence South 02 degrees 52 minutes 32 seconds East on tight-of- way line 200.25 feet; them South 00 degrees 42 minutes 11 seconds West on said fight-of-way 347]7 feet; thence North 79 dogtin 19 minutes 04 seconds West 1002,g7 f~et; thnnce North 33 ~ 33 minutes ~2 s~conds West 446.74 feet to the Southeast corner of'Lot Number 33 in the dote,said WOODLAND GOLF CLUB SUBDIVISION; thence North 00 degrees 06 minutes 57 sot. nods East on the East line of said subdivision 127.00 feet m the p]ar.e of beginning containing 14.378 acres, more or less. Prohibited Uses 3, Auction room 2. AuWmobil¢ s¢rvic¢ station 3. Auto parts store 4. Auto tire center 5. Bowling alley 6. Car wash-self-serve or sawrustic 7. Catering e, stabl'ushment 8. Coin or philate. lie store 9. Cold storage locker 1 O, Commercial parking lot 1 I. Dandhall 1:l. Department gore 13. Discount store 14. Furrier shop 15. Grocery store 16. Gunsmith 17. Indoor theater 18. Licens~ bureau 19. Meat market :20. Mc~ng or party hall 21. Motor bus or r~lroad passenger slation 2,2, N~wsdeger 2,3. Photo pick-up station (drive-thru type) 24. P, adio arid/or television studio 25. Kecord'mg studio /,6. Self-service Jalaid~ 27. Shooting gallery 25. Skating dllk 2,9. Supermarket 30, N'tght club x lrr 116~ ~< 'E,.O' EXHIBIT MERCHANTS' ALONG KEYSTONE .AVENUE · SCALE: l" = 60' TO A POINT 80' PO/NTE - LANDSCAPE EASEMENT EXHIBIT BWEIHE ENGINEERS, INC. -,.~."~-.r,:,'.,.'.-:~.:- COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE The undersignedl Woodland County Club, Inc., (hereinafter "Owner"), the Owner of the following described real estate located in Hamilton County, Indiana (hereinafter "Real Estate"), makes the following Commitment Concerning the Use and Development of Real Estate to the Cannel Plan Commission (hereinafmr "Commission") and the Common Council of the City of Carmel, Indiana, ("Council"). 1. Description of Real Estate. See Exhibit "A" hereto. ("Real Estate"). 2. Docket No. 105-99-Z 3. Statement of Commitments. Owner commits, that the Real Estate ~hMI be used only (i) as a golf course, country club, private recreational facility and uses accessory thereto. This commitment 3 .A. shall commence on the Effective Date and shall continue until the fii~eenth (15) anniversary of the Effective Date. This commitment 3 .A. shall become null and void if part or part(s) of the Real Estate are taken by a governmental entity under the power of eminent domain rendering the remainder of the Real Estate unsuitable for golf course use; or, reducing the quality of the golf course below the standard enjoyed by the highest quality golf courses in Central Indiana. Owner commits that the Real Estate shall be used only for the uses described as Permitted Uses and Permitted Special Uses in the R-1 Residence District Classification of the Zoning Ordinance of the City of Carreel, Indiana, as of May 16, 2000; or in accordance with any subsequent zoning district classification to which the Real Estate may be changed on the Official Zoning Map providing for residential use of the Real Estate. This Commitment shall commence on the Effective Date and shall continue until the thirtieth (30~h) anniversary of the Effective Date. Owner commits to grant to the City of Carmel, Indiana, a right of first refusal to purchase the Real Estate, for a period of thirty (30) years commencing on the Effective Date in accordance with an agreement to be executed by Owner and the City of Carmel, Indiana, containing such terms and conditions as are acceptable to Owner and the City of Carmel, Indiana. ThisCommitmentshallbecomeeffectiveontheEffectiveDate. Subordination. The foregoing notwithstanding, Commitment 3.A., 3.B., and 3.C., are junior, inferior and subordinate to the lien of any existing or future mortgage(s) on the Real Estate. Binding on successors and Assigns. Commitments 3.A., and 3 .C., are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Real Estate from Owner. Commitments 3 .A., and 3 .C., shall not be binding on the holder of a mortgage or mortgages on the Real Estate or any person or entity acquiring the Real ' Estate by, from, or through the mortgage foreclosure process. Commitment 3 .B ., is binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate and each other person acquiring an interest in the Real Estate. These commitments may be modified or terminated only by a decision of the Commission and Council made at a public hearing after notice as provided by the rules of the Commission and Council. Effective Date. These commitments contained herein shall be effective upon the approval of a Special Use Application filed with the Carreel Board of Zoning Appeals under docket number SUA-6-00 and the adoption of an ordinance by the Carreel City Council changing the classification of the real estate described on Exhibit "B' on the Official Zoning Map from the R-1 Residence District Classification to B-8 Business District Classification. ("Effective Date"). Recording. The undersigned hereby authorizes the Director ofthe Department of Community Services or the Secretary of the Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana, following the Effective Date. Enforcement. These commitments may be enforced by the Commission and the City of Carmel, Indiana. Executed this 12m day of May, 2000. STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public, in and for said County and State, appeared Phillip H Minion, of Woodland Country Club, Inc., and acknowledged the execut!pn of the foregoing Commitments Concerning The Use and Development of Real Esta~ey' ~ ~ r ,,,~' .~ WITNESS my hand and Notarial Sealthis l2mdayofMay, 2000. ./ :,,"/'..,,"'.: Jes My Commission Expires: 7/6/2006 Residing in Marion County This Document Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 E. 98~h Street, Suite 220 Indianapolis, IN 46280 LEGAL DESCRIPTION Part of the West I lair or Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana more particularly described as Follows: Commencing at tire Southwest corner orsaid tlal f Section; thence North along the West line thereof 2104.92 feet; thence East parallel with the South line &said Half Section 1683.00 feet; thence North parallel with the East line of said Half Section 1634.83 feet to the POINT OF BEGINNING of this description: thence continuing North parallel with the East line &said HalfSection 220.00 feet more or less; thence West parallel with the South line of said Half Section 627.00 feet; thence South parallel with tbc West line of said Half Section 220.00 feet; thence East parallel with the South line of said Half Section 623.00 feet, more or less, to the place of beginning, containing 3.16 acres, more or less. ALSO: Pan of the West ! lair or Section 6, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, I lamilton County, Indiana, more particularly described as follows: Commencing at thc Southwest comer orsaid West Flair; thence North 00 degrees 28 minutes 42 seconds West (assumcd bcarlng), on and along the West line orsaid West Half, a distance of 2429.50 - feet to the Point of Beginning; thence North 89 degrees 56 minutes 15 seconds East 190.50 feet; thence South O0 degrees 28 minutes 42 seconds East parallel with the West line orsaid West Half, a distance of 312.52 rcct to the North line and the extension thereof, or Woodland Golf Club Subdivision, Fourth Scction, a subdivision in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2, page 62 in thc Office of the Recorder orsaid county; thence North 89 degrees 56 minutes 15 seconds East, on said North line, a distance or 1492.50 feet; thence North 00 degrees 03 seconds 45 minutes Wcst 1623.90 feet to South line offand described in a deed to Woodland Country Club, Inc., rccordcd as Instrument Number 89-00961 in the Office of said Recorder; thence South 89 dcgrccs 53 minutes 49 scconds West on said South line, a distance of 626.77 feet; thence South 00 degrees 04 minutes O0 seconds East 403.28 feet; thence South 89 degrees 42 minutes 43 seconds West 1059.45 feet to the West line of the Northwest Quarter orsaid Section 6; thence South 00 degrees 00 minutes O0 seconds West on said West line, a distance of 677.66 feet to a point, said point being the Southeast comer oftIre Northeast Quarter of Section 1, Township 17 North, Range 3 East; thence South 00 degrees 28 minutes 42 seconds East, 13.20 feet to the Southwest comer of the Northwest Quarter of said Section 6; thence continuing South 00 degrees 28 minutes 42 seconds East, on the West line of the West Half of said Section 6, a distance of 212.64 feet to the Point of Beginning; containing 51.596 acres, more or less. ALSO: A part of the Northwest Quarter and thc Northeast Quarter and the Southwest Quarter of Section 6. Township 17 North, Range 4 East in Hamilton County. Indiana, more particularly described as follows: Commencing at tire Northwest corner of the Northwest Quarter of Section 6, Township 17 North, Range 4 East in !lamilton County, Indiana; thence North 89 degrees 18 minutes 16 seconds East EXHIBIT (assumed bearing) on and along the North line orsaid Quarter and the North line of the Northeast Quarter 2846. 41 feet to the place ofbeginning; thence South 00 degrees 41 rninutes 44 seconds East 20.00 t~et to the Southerly right-of-way line of I 16'h Street per I.S.H.C. plans S- 165(4) dated 1960; thence South 76 dcgrces 39 minutes 16 seconds East on and along said right-of-way (the following threc calls are on and along said Southerly right-of-way) 103.08 feet; thence South 89 degrees 52 minutes 20 seconds East 350.04 feet; thence South 87 degrees 49 minutes 41 seconds East 100.13 feet; thence South 49 degrees 37 minutes 26 seconds East 126.28 feet to the Westerly right-of-way of Keystone Avenue (U. S.//43 I) per I.S.H.C. plans S-165(4) dated 1960; thence South 03 degrees 38 minutes 27 seconds East on and along said Wcsterly right-of-way (the following six calls are on and along said West right-of-way) 200.25 feet; thence South 00 decrees 03 minutes 44 seconds East 400.03 feet; thence South 02 degrees 29 minutes 48 seconds East 400.18 feet; thence South 00 degrees 46 minutes 42 seconds East 800.00 feet; thence South 01 degrees 53 minutes 57 seconds West 150.13.fect; thence South 02 degrees 52 minutes 42 seconds East 150. I0 feet; thence South O0 degrees 16 minutes 44 seconds East 279.09 feet to the Northeast comer of Lot 65 in Woodland Golf Club Subdivision, 3r~, as recorded in Plat Book 2, page 22, in the Office of the Recorder of tlamilton County, Indiana, (the following five calls are on and along the boundary of said subdivision); thence South 89 degrees 37 minutes 20 seconds West 129.42 feet to the Northeast comer of Lot 64; thcnce South 84 degrees 24 minutes I 0 seconds West 13 1.80 feet to the Southeast corner of Lot 56; thenceforth 36 degrees 54 minutes 18 seconds West on and along the Easterly line of Lots 56, 55, 54 and 53, 675.35 feet to the North line of Lot 53; thence North 87 degrees 07 minutes 18 seconds West 202.83 feet to the West line of said subdivision; thence South 01 degrees - 35 minutes 07 seconds East 790.72 feet to the North line of Jordan Woods, Fifth Section, as recorded in Plat Book 2, pages. 262-263 in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees OI minutes 00 seconds West on and along, the North line of said subdivision 30. 80 feet to the West line orsaid subdivision; thence South 00 degrees 34 minutes 56 seconds East on and along the West line of said subdivision 632.00 feet to the Northeast corner of Woodland Golf Club Subdivision, Sixth Section, as recorded in Plat Book 2, page 162 in the Office of the Recorder of Hamilton County, Indiana; thence South 89 degrees 56 minutes 15 seconds West on and along the North line orsaid subdivision and tile North line of Woodland GolfClub Subdivision, Fourth Section, as recorded in Plat Book 2, page 62 in the Office of the Recorder of Hamilton County, Indiana, 968. 47 feet; thence North 00 degrees 24 minutes 20 seconds west 1831.21 feet to the South line of Woodland Golf Club 2"~ Subdivision, as recorded in Plat Book 137, page 274 in the Office of the Recorder of I !amilton County, Indiana, (the following eight calls are on the boundary of said subdivision); thence North 32 degrees 09 minutes 23 seconds East 106.16 feet to the Southeast corner of Lot 35; thence South 22 degrees 41 minutes 09 seconds East 40.00 feet; thence South 89 de,grees 02 minutes 54 seconds East 125.00 feet to the Northwest corner of Lot 49; thence South 04 degrees 34 minutes 02 scconds West 356.50 feet to the Southwest corner of Lot 50; thence North 68 degrees 20 minutes 45 seconds East 106.90 feet to an angle point in the South line of Lot.50; thence South 82 degrees 43 minutes 05 seconds East 65.00 feet to the Southwest comer of Lot 5 I; thence South 56 degrees 53 minutes 05 seconds East 154.88 feet to an angle point in the South line of Lot 51; thence South 84 degrees 17 minutes 53 seconds East 40.00 feet to the Southeast comer of Lot 5 t; thence Souill 89 degrees 26 minutes 39 seconds East 394.25 to the Westerly fight-of-way of Wo~dland Drive; thence North 01 degrees 35 minutes 07 seconds West on and along said fight-of- way 134.45 feet to an angle Point in said right-of-way; thence North 55 degrees 56 minutes 06 seconds West on and along said right-of-way 38.21 feet to the intersection of said right-of-way and the Southerly prolongation of the East line of said Woodland Golf Club Subdivision 2nd Section; thence North 03 degrees 03 minutes 23 seconds East on and alone the prolongation and the East line of said subdivision 596.94 feet to tile Northeast corner of Lot 41 in said subdivision (the following twelve calls are on tile boundary orsaid subdivision); thence North 81 degrees 50 minutes 07 seconds West 18438 Eel to the Northeast corner of Lot 40; thence South 83 degrees 23 minutes 05 seconds West 124.84 feet to tile Northeast corner of Lot 39; thence South 77 degrees 46 minutes 46 seconds West on and along tile North line of Lots 39 and 38 to the Northeast comer of Lot 36; thence South 81 degrees 30 minutes 46 seconds West on and along the North line of Lot 36, 225.00 feet to the right-of-way of Woodland Drive; thence North 06 degrees 36 minutes 14 seconds West on and along said right-of-way 40.00 feet; thence North 30 degrees 42 minutes 14 seconds West on and along said right-of-way 40.00 feet; thence North 59 degrees 35 minutes 14 seconds West on and along said right-of-way 50.00 feet; thence North 84 degrees 28 minutes 14 seconds West on and along said right-of-way 50.00 feet; thence South 77 degrees 06 minutes 46 seconds West on and along, .said right-of-way ?5.00 feet; thence South ?0 degrees 58 minutes 52 seconds West 105.39 feet on and along the right-of-way to the intersection of said right-of-way and the Northerly prolongation of the West line of Lot 34; thence South 08 degrees 47 Minutes 37 seconds East on and along the prolongation and the West line of Lot 34, 133.28 feet to the Northwest comer of Lot 35; thence South 03 degrees 21 minutes 23 seconds West 140.41 feet to the Southwest comer of Lot 35; thence North 87 degrees 55 minutes 28 seconds West (On and along a line which passes through a found stone per County Surveyor's Records, a distance of 446.86 feet) to the East line of Wood Valley Estates, as recorded in Plat Book 3, page 60 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 07 minutes 50 seconds West on and along said East line of said subdivision, 331.68 feet to a concrete monument 13.00 feet South 00.07 minutes 50 seconds East from the Northeast comer of said subdivision; South 87 degrees 00 minutes 45 seconds East 19.43 feet; thence north 18 degrees 21 minutes 15 seconds East 71.31 feet to the right-of-way of Woodland Drive, said point being a point on a curve which bears South 59 degrees 29 minutes 45 seconds West 410.00 feet from its radius point; thence on and along said right-of-way and curve to the right an arc distance of 67.91 feet to the point of tangent said point bears South 68 degrees 59 minutes 11 seconds West 410.00 feet from its radius point, thence North 21 degrees 00 minutes 49 seconds West on and along said right-of-way 215.80 feet to the intersection orsaid right-of-way and the Southerly line of Woodland Golf Club Subdivision, 1'" Section, as recorded in Plat Book 136, pages 545 and 546, in the Office ofthe Recorder of Hamilton County, Indiana, said intersection being a point on a curve which bears South 06 degrees 51 minutes 34 seconds East 195.00 feet from its radius point; thence Northeasterly on and along said Southerly line and curve to the left an arc distance of 234.33 feet to the Southwest corner of Lot 23 in said subdivision that bears South 75 degrees 42 minutes 37 seconds East 195.00 fcct from its radius point; thence South 75 degrees 42 minutes 37 seconds East on and along the South line of said Lot 23,213.38 feet to the Southeast corner of Lot 23; thence North 44 degrees 27 minutes 05 seconds East on and along the Easterly line of Lots 23, 24, 25, 26 and 27 in said subdivision 681.00 feet to the Southwest comer of Lot 31; thence North 66 degrees 08 minutes 00 seconds East on and along the Southerly line ofLots 3 I, 32 and 33, 435.10.feet to the Southeast corner of Lot 33; thence North 00 degrees 41 minutes 44 seconds West on and along the East line of Lot 33, 127.00 lent to the North line ofthe Northwest Quarter; thence North 89 degrees 18 minutes 16 seconds East on and along the North line 581.41 feet to the Place of Beginning containing 113.899 acres, more or less. Subject to all legal easements and fight-of-ways. Except for the Real Estate listed on Exhibit "B". Pan ofthe Norlh I lalfof Scclion 6, Township I 7 Norlh, Range 4 East in Clay Township, Hamilton Courtly, Indiana, described as follows: Comnmncing at the Northwest corner of Section 6, Township I 7 North, Range 4 East; thence South 89 degrees 53 minutes 03 seconds East (assumed bearing) on the North line of said Section 6, (being a straight line between said Northwest corner and the Southeast corner of Section 3 I, Township 18 North, Range 4 East as said corners were monumented with Harrisan Workers on September 1999) a distance of 2265.00 feet to the Northeast corner of WOODLAND GOLF CLUB SUBDIVISION, a subdivision in Hamilton County, Indiana, the plat of which is recorded on pages 545 and 546 of Deed Record 136 in the Office of the Recorder of Hamilton County, Indiana, said corner being the PLACE OF BEGINNING of the within described real estate; thence continuing South 89 degrees, 53 minutes, 03 seconds East on said North line of section 6, a distance of 581.41 feet to a point that is 750.00 feet West of the centerline of Indiana State Road 43 I, (designated as line "E" on I.S.H.C. plans for Project Number S-165 (13), dated 1959 and revised August 3, 1964); thence South 00 degrees 04 minutes 33 seconds West, passing through a I.S.H.C. Right of Way Marker, a distance of 18.01 feet to the Southerly fight-of-way line of 116a' Street at point that is 20.00 feet Soulh 00 degrees 04 minutes 33 West of survey line "5-6-E" on said I.S.H.C. plans; (the following three courses are on said Southerly right-of-way line) I.) thence South 75 degrees 53 minutes 16 seconds East 103.08 feet to a point that is 45.00 feet South of said survey line "5-6--E"; 2.) thence South 89 degrees 06 minutes 20 seconds East 350.04 feet to a point that is 50.00 seconds feet South of said survey line; 3.) thence South 87 degrees 03 minutes 42 seconds East 100.13 feet to a point that is 55.00 feet South orsaid survey line, said point being on the Westerly limited access fight-of-way line of said Indiana State Road 43 I, per the aforesaid I.S.H.C. ptans; thence South 48 degrees 51 minutes 27 seconds East on said right-of-way line 126.28 feet to a point that is 105.00 feet west of line "E" on said plans; thence South 02 degrees 52 minutes 32 seconds East on fight-of- way line 200.25 feet; thence South 00 degrees 42 minutes I I seconds West on said fight-of-way line 347.17 feet; thence North 79 degrees 19 minutes 04 seconds West 1002.87 feet; thence North 33 degrees 33 minutes 52 seconds West 446.74 feet to the Southeast comer of Lot Number 33 in the aforesaid WOODLAND GOLF CLUB SUBDIVISION; thence North O0 degrees 06 minutes 57 seconds East on the East line of said subdivision 127.00 feet to the place of beginning, containing 14.378 acres, more or less. ' ~+' ~IARRA!ITY DEED ~o~ 284 ~A~ z~ZZ~ THIS iNDENTUiE= WiY~;ESSETii, That JA~E DIDDEL STE~NS, J~i~{ ANN DIDDEL FIS~IER, JOHN Bj~BER STEVENS, THADDEUS KENT STEVENS, KATHERI~ A~E~IDA CALDW~LL (formerly known as Katherine A~anda Stevens), W!I~LIAM ROBERT FISHER, CRiSTEN LEE SUSKI (formerly known as Cristen-Lee Fisher) LANE ALLISON FISHER and JUDITH ANN DIDDEL FISHER, as Trustee for L'D Lauren Fisher and Kathryn Fisher Vaadeland, (formerly kno~n as K&thryn C~ Fisher) of Lyc~ming County, in ~he State of Pennsylvania, CONVEY AND WAKP~NT to Woodland Country Club, Inc., an indiana Not For Profit Corporation of Hamilton County, in the State of Indiana, for the sum of One Dollar ($1.00) and other valuable consideration, the receip~ of which is hereby acknowledged, the following described real estate A part of ~e Northwest Qa~er ad theNortheast Quarter and the South~es~ Quarter of Section 6, Tow~hip 17 North, ~nge 4 East in Hamilton County, Z ~d~~a, more part[cular]y described as follows: _ -- Commenc1~ at the No~west corner of.'~he Northwes~ Quarter of Section 6, ~ownship 17 Noah, ~e 4' East in Hamilton County, ind~m; thence Nor~ 89 de~rees 18 minutes 16 second~ East (assumed bearing) on and along the ~ Nor~ line .of said Quarter 2nd ~e Nor~ line of ~e NoraeaSt Quarter 2846.41 D feet ~o ~e place of beg]nn~ng; ~ence ~uth 00 degrees 41 minutes 44 se~=nds E~st 20.'00 feet'~ the SouSefly right-of-way line of 116~ Street per I. S. H. C. ~ pMns S-185(4) dated 1960; thence ~u~ 76 deFees 39 minutes 16 seconds East ~ on and along said r~ght-of-way (~e following thr~ ~lls are on and along s~[d ~u~erly right-of-way) 103.08 feet; ~ence South 89 deFees 52 minuteS'2O seconds ~st 350. 04 fee~; ~ence ~uth 87 degrees 49 minutes 41 seconds Eas~ '-100.13 feet; thence Sou~ 49 .degrees 37 minutes 26 seconds East 126.28 feet to the .Westerly r~ght-of-way of Keys~ne Avenue (U, S. ~43t) per I. S. H. C. pMns S-I~(4) da~ed 1960; ~ence South 03 degrees 3B minutes 27 seconds Eas% on and alo~ said Westerly r~ght-of-way (the foliowing sk calls ~re on and alo~ sa[d West right-of-way) 200. 25 feet; thence South 00 degrees 03 mMu~s 44 sounds East 400.03 fee~; thence ~uth 02 degrees 29 minutes 48 se~nds' East 400. 18 feet; thence ~u~'00 degrees 46 minutes 42 ~econds East 800. 00 feet; ~ence ~uth~01 deg~es 53 minutes 57 seconds ~Ve~ 150. 13 fee~; ~ence South 02 degrees 52 mi~tes 42 seconds East 150.10 feet; ~ence South 00 de~es lS minutes 44 seconds East 279.09 feet to ~e Northeast corner of bt 65 in ~ood!and GoH Club Subdivision, 3rd, as recorded in Plat ~oo~ 2, page 22 i~ the Office of ~he Recorder of ~amilton County, indian, (the fotlowi~ five ~lls are on and alo~ the houn~ry of sa~d subd[vislon); hhence South 89 degrees 37 minutes 20 seconds V/eat 129.42 feet to the Northeast corner of bt 64; ~ence South 84 degrees 24 minutes 10 seconds V~est 131.80 feet to the Southeas~ corner of ~t 56; thence North 3S degrees 54 minutes 18 seconds ~Vest on and along the Easterly line of Lots 56, 55, 54 and 53, 675.35 feet to the North l~ne of ~t 53; thence North 87 degrees 07 minutes 18 seconds ~Vest 202; 83 feet to ~e ~'est line of sa[d subdivision; ~ence Sou~h 01 deFees 35 minutes 07 seconds East 790.72 fee~ to ~e North line of Jordan Woods, Fh'~h Section . 'as recorded ~n PMt Book 2, pages 262-263 in !he Office of the Recorder of Ham~l+~n tndMr2; thence South ~9 deEtees 0f minutes 00 sounds ~est on and alo~ ~e Nor~ line of said subdivislon 30. 80 feet to the ~Vest l[ne of said subdiv[sion; ~ence South 00 degrees 34 minutes 56 seconds East on and along the ~x/est line of sa[d subd[v[s[on 632.00 feet to ~e Northeast corner of ~Voodland Go~ Club Subdivision, Skth Sect[on, as recorded in Plat ~ok 2, page 162 in the Office of ~e Reorder of HamiI~n County, indian; ~ence ~u~ 89 deg~es 56 rain-. ule.s !5 seconds ~Vest on and along the NorLh line of said subdivision and the North line of ~/oodland ~ Club Subd[v'isi0n, F0ur~ Section~ as recorded in PMt 2ook 2, page 62 in the Office of the Recorder of Hamilton COunty, Lnd~, 968.47 feet; ~ence North 00 degrees' 24~[nutes 20~e~nds ~Vest · 1831.21 feet to ~e South ~ne of Woodhnd Goh' Club 2nd Subdivision, as recorded M P~ ~ok 137, ~ge 274 in the Office of ~e Recorder of County, Indiana, (the following e~ght ca]l~ are on the boundary of said subdivision); ~'~ ..... ~' "~ -'~' "~ doc-e~s 99 minutes 23 seconds East 1Off. 16 feet to +h= Southeast ~- =~ [ '~=' ' So~ 22 c~grees ~ mxnutes 0~ seconds East 40.0'0 thence South 89 degrees 02 mfnutes 54 seconds East 125.00' feet to the North- ~ves~ corner of Lot 49; thence South 04 degrees 34 m~nutes 02 seconds West 356.50 feet to the Southwest corner of Lot 50; thence North 68 degrees 20 minutes 45 seconds East 106.90 feet to an ~n~le point in the South line of Lot .50; thence South 82 degrees 43 minutes 05 seconds East 65.00 feet to the Southv/est corner of Lot 51; thence South 56 degrees 53 minutes 05 seconds East 154.88 feet to an angle point in the South line of Lot 51; thence South 84 degrees 17 minutes 53 seconds East 40.00 feet to the Southeast corner of Lot 51; thence South 89 degrees 26 m:.nutes 39 seconds East 394. 25 feet to Lhe Westerly right-of-~vay of Wo6d- land Drive; thence North 01 degrees 35 minutes 07 seconds West on and along said right-of-way 134.45 feet to an angle point in said right-of-~vay; thence North 55 degrees 56 minutes 05 seconds ~,Vest on and along said right-of-~,ay 38.21 feet to 'flqe ~ntersection of said right-of-way and the SoUtherly prolongation of the East line of said Woodland Gob' Club Subdivision 2nd Section; thence North 03 degrees 03 minutes 23 seconds East on and along the proIongation and the East line of said subdivision 596.94 feet to the Northeasl corner of Lot 41 ~n said subdivision (the followLag t'w,e!ve calls are on the boundary of said subdivision); thence North 81 degrees 50 minutes 07 seconds West 184. 38 feet to the Nor[heas~ corner of ~t 40; ~ence Sou~h 83.de~rees 23 minutes 05 seconds ~Vest 124. 84' fee~ to ~ Nor~e~st corner of bt 39; thence South V7 degrees 46 minutes 46 seconds West on and along the North l~ne of ~ts 39 and 38 to the Nor~he~% corner of ~t 3~; ~qence South 81 deuces 30 minutes 46 seconds ~Ves~ on ~nd ato~ the Nor~ l~e of bt 36, 225.00 feet to the r~ght-of-way of V/oodland Drive; ~ence No~h 06 degrees 36~m[nu~es 14 seconds ~'est on and along sa~d r[gh~-of-w~F 40.00 feet; thence Nor~ 30 de~es 42 minutes 14 seconds Wes~ on and along said right-of-~vay 40.00 feet; ~ence North 59 degrees 35 minutes 14 seconds ~Vest on and alonE sa~d righ~-of-~vaF 50.00 feet; thence North 84 degrees 28 m~nutes 14 seconds West on and alon~ said r~ht-of-vzay 50.00 feet; ~ence Sou~ ~7 degrees 06 minutes 46 seconds XVest on and alo~ said r[ghtZ~-~vay 75. 00 feet; thence South 70 degrees 58 minutes 52 seconds West 105.39 fee~ on and along the righf-of-~vay to the intersec~ion of said right-of-~vay ~nd ~he ~io~herly prolongation of ~e %Vest line of b~ 34; thence South 08 degrees 4V minutes 37 seconds East on and along the prolongs!ton and the West l~ne of ._~ 34, 133.28 feet ~ ~e Northwest corner of bt 35; ~enCe Sou~h 03 degrees 21 ~[nutes 93 seconds ~?est ~o d, feet to fhe Southwest corner of i.o~ 35; ~hence K'or~h E7 de~rees 55 minutes 28 seconds X~'est(on and a~ong a [~ne Which ' ' passes through a f~und stone per County Surveyor's Records, a d[star~ce of 446.86 feefifo the East line of VJood Valley Estates, as recorded in Plat Book 3, page 60 in the. Office of the Recorder of Hamilton County, indiana; thence North 00 degrees 07~m~nutes 50'~econds West on and along said East said subdivision, 331.68 feet to a concrete monument 13.00 feet South 00 degreel 07 minutes 50 seconds East from the Northeast corner of said subdivision; thenc~L South 87 degrees 00 minutes 45 seconds East 19.43 feet: thence NOrth 21 minutes 15 seconds East 71.3I feet' ~o the r~ght-of-way of Woodland Drive, said point being a point on a curve which bears South 59 degrees 29 minutes 45 seconds West 410.00 feet from its radius point; thence on and along said right- of-way and curve to the right an arc distance of 67.91 feet to the po[n~ of said ~[nt bears South 68 degrees 59 minutes 11 seconds Wes[ 410.00 feetYrom its radius point: thence North 21 degrees 00 mKnutes 49 seconds X~;es[ along said r~ght-of-way 215.80 feet to the intersection of said fight-of-way and the Southerly I[ne of Woodland Golf Club Subdivision, let Section, as recorded in Plat Book 138, pages 545 and 546, in the CffKce of the Recorder of Hamilton County, Indiana, said intersection being a point on a curve which bears South degrees 51 minutes 34 seconds East 195.00 feet from ~s Fad[us point; thence ~ortheas~erly on and a~ong sa~d Southerly line and curve to the left an arc distance of 234. 33 feet to the South- ~vest corner of Lot 23 in said subdivision, that bears South 75 degrees 42 minutes 37 seconds East 195.00 feet from its radius point; thence South 75 degrees 42 minutes 37 seconds East on and along the Sout~ line of said Lot 23, 2t3~ 38 feet to the Southeast corner of Lot 23; thence North 44 degrees 27 minutes 05 seconds East oil and along the Easterly. line of Lots 23, 24, 25, 26 and 27 in sai_d subdi- .' vision 681, 00 feet to the'Southwest corner of Lot 31; thence North 66 degrees 08 minutes 00 seconds East on and along the Southerly tine of Lots 31, 32 and 33, 435.10 feet to the Southeast'corner of Lot 33; thence North 00 degrees 41 minutes 44 seconds West on a~d along the East line of Lot 33, 127.00 feet to the North line of the Northwest Qua~er; thence North 89 degrees 18 minutes 16 seconds East on and along the North line 581.41 feet to the place of beginning, conta[niug !13. ~'~$9 acres, more or less. Subject to a]l legal ease~lents and ri~h~s-of-wa-/. , ,: IN WITNESS ~,rHEREOF, Grantors have executed this day of September, 1975. -~.~t ~kLj ~'%u~ (sEAL) ITH ~N DIDDEL ~IS~R deed this (formerly known as Katherine Amanda Stevens) 7 CRISTEN LEE SUSKI (formerly known as Cristen Lee Fisher) ' '~T~//~ 'AL) ' JUDITH ANN DIDDEL F/ISHER rustee for Lauren Fisher and Kathryn Fisher Vaadeland, (formerly known as Kathryn Fisher) This instrument prepared by Leroy K. New, attorney at law, STATE OF/"-F~ ~ ~ ~Z~,~) ) ss: COrmTY OF '77/~ ~ ~ ) Before me, a Notary Public in and for said County and State, personally appeared JiNE DIDDEL STEVENS, JOHN BARBER STEVENS and' KATHERINE Aj~ANDA CAL~LL (formerly known as Katherine Amanda Stevens) who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this lot'day of Septamber, 1975. My commission expires: COUNTY OF '7~ ~: ~ ~ SS: ~o'~ ~ Before me, a Notary Public in and for said County and State, personally appeared ~DDEUS KENT STEVENS who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, stated that any representations therein .contained are true. Witness my hand and Notarial Seal this ~£' day of--Sep~mher, 1975- ) ) ss: ) Before me, a Notary Public in and for said County and State, personally appeared WILLIAM ROBERT FISHER who acknowledged the execution of the foregoing Warranty. Deed, and who, having been duly SWOI'E1, 1975. My commission expires: ) COUNTY OF ~4C~'-- ) stated that any representations therein contained are true~ ... · Witness my hand and Notarial Seal this ~ day o'~.~aptemb'e'~, .'<7',.', · """" /i ' ~ :. ',. . , : --:~ Notary Public Before me, a Notary Public in and for said County and State, personally appeared JUDITH ANN'DIDDEL FISHER and JUDITH ANN DIDDEL FISHER, as Trustee for Lauren Fisher and Kathryn Fisher Vaadeland (formerly known as Kathryn Fisher) who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, stated that any representationS:therein contained are true. Witness my hand anj H~ariai:"~.Z~da~ of September, :,.::..F..,. ....~.'~:'~:.. ," NOt~y Public 197~ State oflndiana. PROOF OF UBLICATION ,~,~,/~, ~,~ ^/ Coun~ of H ton, SS' the Publisher ~ the Daily ~dger, a Topics Newspaper, a newspaper NOTICE OF PUBLIC HEARING BEFORE THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA of general circulation in Hamfiton County. Star o~ ]ndiana. printed in Newspaper have been published continuously JCor more than three years last past, in said county and state; that the Notice d publication, were made as foibles: ~ff which publications And that all of sai,d publications were made in full compliance with the laws. ,...~..~.~..~...... Subscrl d and' sworn to before me this ..... .,~...~. .......... day {Seal) Resident of~'/~,/~'~/~County COUNTY OF L ) of the foregoing Warranty Deed, and who, having been duly sworn,/stated that any representations therein contained are true. Witness my hand and Notarial Seal this u~day of September, 1975. My commission expires: COUNTY OF / / u ~ R ) JUNE M. HEDGES, RECORDER, HA~,IIJON COU,~IIy, IN'~. Before me, a Notary Public in and for said County and State, personally appeared CRISTEN LEE SUSKI (formerly kno~m as Cristen Lee Fisher) who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, stated that any representations therein contained are true. 1975. Witness my hand and Notarial Seal this ~ J' day of September, My commission expires: This instrument was prepared by Leroy K. New, attorney at law. NOTICE OF PUBLIC HEARING BEFORE THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA NOTICE IS HEREBY GIVEN that the Common Council of the City of Carmel, Indiana ("Council"), meeting on the 5t" day of June, 2000, at 7:00 o'clock p.m., in the Council Chambers, Second Floor, City ttall, One Civic Square, Carmel, Indiana 46032, will hold a Public Hearing upon proposed Ordinance Z-341 ("Ordinance"). The Ordinance upon adoption will reclassify the following described real estate ("Real Estate") from R-1 Residence District to B-8 Business District: Part of the North Half of Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Northwest comer of Section 6, Township 17 North, Range 4 East; thence South 89 degrees 53 minutes 03 seconds East (assumed bearing) on the North line of said Section 6, (being a straight line between said Northwest comer and thc Southeast comer of Section 31, Township 18 Noah. Range 4 East as said comers were monumented with Harrisan Workers on September 23, 1999) a distance of 2265.00 feet to the Northeast comer of WOODLAND GOLF CLUB SUBDIVISION, a subdivision in Hamilton County, Indiana, the plat of which is recorded on pages 545 and 546 of Deed Record 136 in the Office of the Recorder of Hamilton County, Indiana, said comer being the PLACE OF BEGINNING of the within described real estate: thence continuing South 89 degrees, 53 minutes, 03 seconds East on said North line of section 6, a distance of 581.41 feet to a point that is 750.00 feet West of the centerline of indiana State Road 431, (designated as line "E" on 1. S.H.C. plans for Project Number S-165 (13), dated 1959 and revised August 3, 1964): thence South 00 degrees 04 minutes 33 seconds West, passing through a I.S.H.C Right of Way Marker, a distance of 18.01 feet to the Southerly right-of-way line of 116th Street at point that is 20.00 feet South 00 degrees 04 minutes 33 West of survey line "5-6-E" on said I.S.H.C. plans: (the following three courses arc on said Southerly right-of-way line) 1.) thence South 75 degrees 53 minutes 16 seconds East 103.08 feet to a point that is 45.00 feet South of said survey line "5-6-E"; 2 .) thence South 89 degrees 06 minutes 20 seconds East 350.04 feet to a point that is 50.00 seconds fcet South of said survey line; 3.) thence South 87 degrees 03 minutes 42 seconds East 100.13 feet to a point that is 55.00 feet South of said survey line, said point being on the Westerly limited access right-of-way line of said Indiana State Road 431, per the aforesaid IS.HC. plans; thence South 48 degrees 51 minutes 27 seconds East on said right- of-way line 126.28 feet to a point that is 105.00 feet west of line "E" on said plans; thence South 02 degrccs 52 minutes 32 seconds East on fight-of-way line 200.25 feet; thence South 00 degrees 42 minutcs 11 seconds West on said right-of-way line 347.17 feet; thence North 79 degrees 19 minutes 04 seconds West 1002.87 feet: thence Noah 33 degrees 33 minutes 52 seconds West 446.74 feet to the Southeast comer of Lot Number 33 in the aforesaid WOODLAND GOLF CLUB SUBDIVISION; thence North 00 degrees 06 minutes 57 seconds East on the East line of said subdivision 127.00 feet to the place of beginning, containing 14378 acres. more or less. The Real Estate is fourteen (14) acres in size and is located at the southwest comer ofE. 116~ Street and Keystone Avenue. (A part of Woodland County Club). A copy of the Ordinance is on file for examination at the Office of the City Clerk/Treasurer, One Civic Square, Carreel, Indiana 46032. All interested persons desiring to present their views on the above Ordinance, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. Written objections to the Ordinance that are filed with the City Clerk/Treasurer prior to the Public Hearing will be considered and oral comments concerning the Ordinance will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. CITY OF CARMEL, 1NDIANA Diana Cordray, Clerk/Treasurer APPLICANT The Linder Company Attn: Gary Linder 8555 River Road Indianapolis, IN 46240 317/573-4800 OWNER Woodland Country Club, Inc. 100 Woodland Lane Carreel, IN 46032 317/846-2588 ATTORNEY FOR APPLICANT James J. Nelson NELSON & FRANKENBERGER 3021 East 9W" Street, Suite 220 Indianapolis, Indiana 46280 317/844-0106 CERTIFICATION OF CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON PETITION FOR THE LENDER GROUP TO CHANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-3q7 To~ The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application of The Linder Group, copy attached, petitioninS the Commission to rezone the following real estate located in Hamilton County, Indiana, to-wit: Part of the West Half of Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, more particularly described in Exhibits A and B attached hereto and made a part hereo[ (The property is more commonly th known as the southwest corner ofthe intersection of l l6 Street and Keystone Avenue, currently a part of Woodland Golf Course, containing approximately 14 acres.) From Zone Classification R-I/Residence within the SR 431 Overlay Zone to B-8/ Business District. The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is "FAVORABLE," with Commitments attached, amended by letter dated May 16, 2000, also attached. At its regularly scheduled meeting of May 16, 2000, the Carmel/Clay Plan Commission approved the requested Rezone by a vote of 12 in favor, 3 opposed (Norma Meighen, James T. ONeal, Sr., and Pat Rice.) m a Hancock, Secretary CARMEL/CLAY PLAN COMMISSION David A. Cr~me~ Presideut RECEIVED DATED: May 18, 2000 MAY ! 8 CARMEL CLERK TREASURER