HomeMy WebLinkAboutZ-368-02 DePauw UnivSponsor(s): Councilor Wayne Wilson
ORDINANCE NO. Z-368-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
REZONING DISTRICT CLASSIFICATION
Rezoning 10.02 acres at the Northwest Corner of131~t Street and
U. S. 31from S-2 Residence District Classification to B-5
Business District Classification
WHEREAS, The Carmel Clay Plan Commission has recommended the rezoning of the
real estate, the legal description of which is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carreel, Indiana, as follows:
Section I: That the Official Zoning Map accompanying and made a part of the Zoning
Ordinance is hereby changed to designate the following described real estate from the S-2
Residence District Classification to the B-5 Business District Classification.
SectionlI: AllpriorOrdinancesorpartsthereofinconsistentwithanyprovisionofthis
Ordinance are hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor and the recording of the Dedication and Deed of Public Rights-of-Way
(attached hereto as Exhibit B) and the recording of the commitments concerning the use and
development of real estate (attached hereto as Exhibit C).
PASSED by the Common Cotmcil of the City of Carmel, Indiana this' t 4 i~ day of
I ~i(t,~c'~ 2002 byavoteof ~l ayesand C nays
FOR THE CITY OF CAR1VIEL
~er~ c..__."IC~ n
/~,~V lson, President Pro Tempore
ertB
· :arter
ATTEST:
Diana L. Cordray, IAMC, Clerk-T,r~urer
~s~d'~y
Presented by me to the Mayor of the City of Carmel, Indiana th' of ~ "~
2002, at _Z;P.M.
Diana L. Cordray, IAMC, ~easurer
ApproJed by me, Mayor of the City of Carmel, Indiana, thisOf' day of ,q'~',~/7
2002, at zZ't P.M.
Brainard, Mayor '
ATTEST:
Diana L. Cordray, IAM~easurer
Prepared by:
E. Davis Coots
COOTS HENKE & WHEELER, P.C.
255 E. Carreel Drive
Carmel, IN 46032
(317) 844-4693
R:\EDC\depauw.wpd13683
Exhibit A (page 1 of 2)
ZONING DESCRIPTION
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 North~vest 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 0I 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
distrance of 973.49 feet to a point which bears North 57 degrees 16 minutes 30
seconds West from said radius point; thence North 48 degrees I 1 minutes 06 seconds
East a distance of 1.73 feet to a point on the southeasterly right of way line of
Meridian Corners Boulevard as per plat recorded in Plat Cabinet 1, Slide 488 in said
Recorder's Office; thence continuing 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 feet; the radius point of which bears South 41 degrees 48 minutes 54
seconds East (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.
Exhibit A (page 2 of 2)
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 comer 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 t~et; 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) I973, 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 6I 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 Noah 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. t 0 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.
M :\Edc\depauwa.wpd 13683
Exhibit B (page 1 of 3)
DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
THIS INDENTURE WITNESSETH:
That DePauw University ((Jointly and individually the "Grantor"), the fee simple owner(s) of the following
described real property ("Property") described in attached Exhibit A, incorporated herein by this reference,
which Property is located in the City of Carmel, Hamilton County, State of Indiana, hereby grants, conveys
and warrants in fee simple and with no reversionary rights wbatsoever 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 bas executed this Instrument on the .10 day of December
2001.
"GRANTOR"
DePauw University
By:
Richard Speller, V.P. for Finance & Administration
(Printed Name and Title
STATE OF INDIANA
COUNTY OF Putnam
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 thislO day of December ,2001.
Notary Public
MY COMMISSION EXPIRES:
June 11,
Edward N. Pearson
Nom~ Public(prinmd)
2009
COUNTY OF RESIDENCE: Putnam
M:\EdcXDepauwb.wpd 13683
Instrument prepared by: Douglas C. Haney, Cannel City Attorney, One Civic Square, Caxmel, Indiana 46032.
Exhibit B (page 2 of 3)
City of Carme1
BOARD OF PUBLIC WORKS & SAFETY
ACCEPTANCE OF DEDICATION & DEED OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the foregoing Grantor having filed with the City of CarmeI, 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
James Bminard, Mayor
Date:
Billy Walker
Date:
Mary Ann Burke
Date:
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Date:
ONE CIVIC SQUARECARMEL, INDIANA 46032317/571-2400
Exhibit B (page 3 of 3)
LEGAL DESCRIPTION FOR RIGHT-OF-WAY
DEPAUW UNIVERSITY
A part of the Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Hamilton 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 Comers Boulevard as per the plats
recorded as The Parks at Springmill, Section 4 in Plat Cabinet i, 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-ot~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 arc 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 t~et
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.
M:\Edc\Depauwc.wpd
Exhibit C (page 1 of 6)
Commitments Concerning the Use and
Development of Real Estate
STATE OF INDIANA
COUNTY OF PUTNAM
)
) ss:
)
Pursuant to IC §3 6-7-4-6 15 and §3 1.6 of the Zoning Ordinance of the City of Carmel, Indiana,
DePauw University (hereinafier, "DePauw") makes the following Commitments to the Carmel
Common Council (hereinafter, the "Council").
Description of Real Estate:
[SEE ATTACHMENT - LEGAL DESCRIPTION OF PROPERTY]CREAL ESTATE")
Exhibit A
Statement of Commitments:
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 Cannel 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 be 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, pursumlt to CFR 710.503
and §23D. 1 ?.4 of the Carreel Zoning Ordinance, however, InDot
has declined to make the purchase. Because of the uncertainly
created by the future road improvements, DePauw has been unable
Exhibit C (page 2 of 6)
to develop the Real Estate.
DePauw commits that any Development Plan that it submits to the
Carmel Clay Plan Commission, pursuant to the Carmel Clay
Zoning Ordinance, will reserve for acquisition by InDOT all of the
Real Estate described above subject to expiration as stated in
paragraph 4.
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 Carmel
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.
These commitmems 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.
Following the termination of these commitments, if the Real Estate
has not been acquired by the Indiana Department of Transportation
or the City of Carmel 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 Carreel Zoning
Ordinance. DePauw or its successors and assigns shall be entitled
to all ADLS approvals, building permits 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.
Exhibit C (page 3 of 6)
Binding Effect:
Upon passage of an ordinm~ce 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 Reai Estate, unless modified or terminated by a
decision of the Cannel Clay Plan Commission or its successor made at a public hearing after
notice of the hearing has been given under its mles 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 Commiunents, 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 com2nitments.
These Commitments may be enforced by the Council or by the Director of the Department of
Community Services of the City of Carmel, Indiana.
Exhibit C (page 4 of 6)
IN WITNESSWHEREOF, DePauw has executedthese Commitmentsthis 7th
November ,200 1
day of
DePAUW UNIVERSITY
Richard SDeller
Printed
V.P. for F~nance & Administration
Title
STATE OF INDIANA )
)
COUNTY OF Putnam )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Richard Speller , who acknowledged the execution of the
foregoing Commitments on behalf of DePauw University.
WITNESS my hm~d and Notarial Seal this 7th day of November
,2001
Primed: Edward N. Pearson
Notary Public
My Commission Expires:
My County of Residence is:
~tr~ I I, ~Oo? Putnam
This instrument was prepared by John R. Molitor, Attorney for Law, 11711 N. Meridian St.,
Suite 200, Carreel, Indiana 46032.
R:\EDC\depaua. wpd13683
Exhibit C (page 5 of 6)
ZONING DESCRIPTION
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 North~vest 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 ofU. S. Highway
31 (Noah Meridian Street), I. S. H. C. Project S. T. F. 222(9) 1973, an
distance of 973.49 feet to a point which bears North 57 degrees 16 minutes 30
seconds West from said radius point; thence North 48 degrees I 1 minutes 06 seconds
East a distrance of 1.73 feet to a point on the southeasterly fight of way line of
Meridian Corners Boulevard as per plat recorded in Plat Cabinet I, Slide 488 in said
Recorder's Office; thence continuing 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 feet; the radius point of which bears South 41 degrees 48 minutes 54
seconds East (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 5I degrees 59 minutes 02 seconds West along said right of
way line a distance of 31.10 t~et; 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.
EXHIBff
Exhibit C (page 6 of 6)
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 comer 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 ofU. 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 i0 seconds East a distmace 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.
M:\Edc\depauwa.wpd 13683
CERTIFICATION
OF CARMEL/CLAY PLAN COMMISSION'S
RECOMMENDATION TO AMEND
THE CARMEL CLAY ZONING ORDINANCE Z--289,
TO CHANGE THE OFFICIAL ZONING MAP
FOR THE CITY OF CARMEL AND CLAY TOWNSHIP
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No.
To:
The Honorable Common Council of the
City of Cannel, Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on the application of DePauw
University and Earlham College to change the official Zoning Map for the City of Carmel and
Clay Township as follows:
Certain real estate located in Hamilton County, State of Indiana, containing approximately 10.02
acres, more specifically located northwest of West 131 ,t Street and North Meridian Street, and
more particularly described in the attached Exhibit A;
From Zone Classification S-2/Residence District to B-Salusiness District, with the following
conditions:
Receipt and Review of commitments by the DOCS; a signed copy of DePauw University
commitments, and dedication of 15 feet of right-of-way along the full extent of the subject
tract as identified in the Thoroughfare Plan.
The Carmel/Clay Plan Commission' s recommendation on the petition is FAVORABLE.
At its regularly scheduled meeting of November 20, 2001, the Carmel/Clay Plan Commission
approved the requested Rezone by a vote of 11 in favor, one opposed (Leo Dierckman), none
abstaining.
DATED: November 30, 2001
RECEIVED
CARMEL CLERK
TREASURER
LAND DESCRIPTION
Parcel 1
Apart of Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more
partjcularly described as follows:
COMMENCING at the Southeast Corner of the Northwest Quarter o1 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 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 1o 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), L 'S.
H. C. ProjectS. T. F. 222(9) 1973, a.n am di.stance 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 minutesO6 seconds East a distance o~. 1.73 lest to
.:~' pc~nt on the southeasterly right :of way line of Mei'id. ian Comers Beulev~rd as
~j.e,r plat recorded n P at Cab net ], SI de 488 In said Fiecorder's Office' thence '
,3~jntinuing along said right of way line North 48 degrees 11 minutes 06'seconds
E~e~ a distance of 125.88 feet to a curve to the right having a radius of 455.00
'i'eet;. the radius point of which beais SoUth 4 t :degrees 48 minutes 54 seconds
~ t (the next two courses are a!ong said tight of way); (1) thence northeasterly
9~;n~g said right of way line and curve an am 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
wayline being a non-tangent cun/e 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 am distance of
1283.37 feet to a point which beers 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, canraining 19.44 acres, more or less.
Schneider
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
particularty described as follows:
Commencing at the southeast comer of the Northwest Quarter of said Section
26; thence on an assumed beadrig 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 comer 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 (~ulve to
the right, the radius point of which beam 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 fine of land
described in Instrument Number 94-13389, concentric with the northwesterly
right-of-way line of U. S. Highway 31 (North Maddish S/~eet), I. S. H. C.. Project
S. T. F, 222(9) 1973, an am distance of 831.86 feet to a point which beam 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 ~e left, the radius point of which beam South 59 degrcc;
28 minutes 10 seconds East a distance of 2436.83 feet; thence southwesterly
along said right-of-way line and curve an am distance of 472.80 feet to a point
which beam North 70 degrees 35 minutes 10 seconds West from said radius
point; thence South 80 degrees 56 minutes 59 seconds West along said righ.t of
way line a distance of 380.20 feet; thence South 51 degrees 59 minutes 02
seconds West along Said fight 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
%MNDYCISUOBS%3k%3357~DO2~ocs%Rezonlng Desc,doc