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HomeMy WebLinkAboutZ-371-02 Brookshire Golf CourseSponsor: Council President Wayne Wilson and Councilor Norm Rundie ORDINANCE NO. Z-371-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION REZONING THE BROOKSHIRE GOLF COURSE FROM THE R-I/RESIDENCE DISTRICT CLASSIFICATION TO THE P-I/PARKS & RECREATION DISTRICT CLASSIFICATION WHEREAS, the Cannel/Clay Plan Commission has favorably recommended the rezoning of the real property, the legal description of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section I: That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real property from the R-I/Residence District Classification to the P- 1/Parks & Recreation District Classification. Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed.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. ~ PASSED by the Common Council of the City of Cannel, Indiana this'~~' day of ~' ~!,_, ~_" ' t", 2002, by a vote of~.~ ayes and C' nays. COMMON COUNCIL FOR TIlE CITY OF Di~a . , , - d ' ' 2002, D~a L. Cor~ay, ~C, Clerk-~r Approved by me, Mayor of the City of Camel, hdiana, this Prepared by: John R. Molitor Cannel/Clay Plan Commission Attomey One Civic Square Carmel, IN 46032 Ordinance No. Z-371-02 Exhibit A LEGAL DESCRIPTION Brookshire Golf Course PARCEL 1: Part of the Southeast (Southwest, Northwest and Northeast) Quarters of Section 32, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast comer of the Southeast Quarter of Section 32, Township 18 North, Range 4 East; thence North 89 degrees 46 minutes 50 seconds West (assumed bearing) on and along the South line of said Southeast Quarter 840.18 feet to the Point of Beginrang: thence continue along said South line North 89 degrees 46 minutes 50 seconds west 479.39 feet to the West line of the Southeast Quarter of the Southeast Quarter of said Section 32; thence North 00 degrees 12 minutes 40 seconds West on and along the West line of said Quarter Quarter Section 305.10 feet measured (307.40 feet deed); thence North 67 degrees 24 minutes 40 seconds East 287.53 feet; thence North 00 degrees 12 minutes 40 seconds West parallel with the West line of said Quarter Quarter Section 146.58 feet: thence North 84 degrees 17 minutes 40 seconds West 267.30 feet to a point on the West line of said Quarter Quarter Section; thence North 89 degrees 44 minutes 05 seconds West parallel with the North line of said Quarter Quarter 662.19 feet to a point which is 660.00 feet South 89 degrees 43 minutes 43 seconds East of the West line of said Quarter Quarter; thence North 00 degrees 14 minutes 26 seconds West parallel with the West line of said Quarter Quarter 106.41 feet; thence North 73 degrees 18 minutes 11 seconds West 348.34 feet; thence North 00 degrees 14 minutes 26 seconds West parallel with the West line of said Quarter Quarter 2.00 feet: thence North 73 degrees 16 minutes 41 seconds West 341.61 feet to the West line of Quarter Quarter; thence North 00 degrees 14 minutes 26 seconds West on and along aforesaid West line 687.84 feet to a point which is 1054.50 feet South 00 degrees 14 minutes 26 seconds East of the center of said Section 32; thence North 72 degrees 36 minutes 50 seconds West 476.09 feet to a point which is 924.00 feet South 00 degrees 14 minutes 26 seconds East of the North line and 453.75 feet North 89 degrees 46 minutes 37 seconds West of the East line of the Southwest Quarter of said Section 32; thence North 89 degrees 46 minutes 37 seconds West parallel with the North line of said Southwest Quarter 206.25 feet; thence North 00 degrees 14 minutes 26 seconds West parallel with the East line of said Southwest Quarter 924.00 feet to the North line thereof; thence North 89 degrees 46 minutes 37 seconds West on and along the south line of the Northwest Quarter of said Section 32, 293.15 feet to the Southeast comer of Brookshire, Section 6-C, the plat of which is recorded in Plat Book 5, page 45~ in the Office of the Recorder of Hamilton County, Indiana; thence North 07 degrees 57 minutes 43 seconds East on and along the East line of said subdivision, 304.85 feet to the Southeast comer of Brookshire, Section 6-B, the plat of which is recorded in Plat Book 4, pages 171 and 172 in the Office of the Recorder of Hamilton County, Indiana; thence North 07 degrees 57 minutes 43 seconds East on and along the East line of said subdivision 446.56 feet; thence North 15 degrees 01 minutes 45 seconds East on and along said East line 70.06 feet to the Southeast comer of Brookshire, Section 6-A, the plat of which is recorded in Plat Book 4, page 169, in the Office of the Recorder of Hamilton County, Indiana; thence North 15 degrees 01 minutes 45 seconds East on and along the East line of said subdivision, 536.31 feet; 3 thence North 20 thence North 08 thence North 16 thence North 40 thence South 89 thence South 00 thence South 69 thence South 16 thence South 73 thence North 47 degrees 34 minutes 48 degrees 58 minutes 11 degrees 16 minutes 45 degrees 56 minutes 51 degrees 30 minutes 17 degrees 19 minutes 30 degrees 48 minutes 30 degrees 26 minutes 45 degrees 33 minutes 15 degrees 01 minutes 42 seconds East on and along said East line 234.98 feet; seconds East on and along said East line 233.12 feet; seconds East on and along the East line of said subdivision, 319.71 feet; seconds East on and along the East line of said subdivision, 442.15 feet; seconds East on and along the East line of said subdivision, 174.53 feet; seconds West 110.00 feet; seconds East 116.06 feet; seconds West 200.00 feet; seconds East 45.00 feet; seconds East 220.37 feet; thence North 36 degrees 39 minutes 30 seconds East 165.00 feet to a point which is 290.00 feet South 00 degrees 19 minutes 30 seconds West of a point on the North line of the Northeast Quarter of said Section 32, which is 340.00 feet South 89 degrees 40 minutes 30 seconds East of the Northwest comer thereof; thence North 45 degrees 19 minutes 30 seconds East 176.76 feet; thence North 00 degrees 19 minutes 30 seconds East 165.00 feet to a point on the North line of the Northeast Quarter of Section 32, Township 18 North, Range 4 East which is 465.00 feet South 89 degrees 40 minutes 30 seconds East of the Northwest comer of said Northeast Quarter; thence South 89 degrees 40 minutes 30 seconds East on and along the North line of said Northeast Quarter 259.39 feet to the Northwest comer of Brookshire, First Section, the plat of which is recorded in Plat Book 3~ page 108, in the Office of the Recorder of Hamilton County, Indiana; thence South 32 degrees 39 minutes 00 seconds East on and along the West line of said subdivision 217.18 feet; thence South 32 degrees 49 minutes 15 seconds West on and along the West line of said subdivision 217.27 feet; thence South 21 degrees 36 minutes 10 seconds West on and along said West line 285.20 feet; thence South 47 degrees 05 minutes 35 seconds West on and along said West line 250.09 feet; thence South 32 degrees 49 minutes 30 seconds West on and along said West line 417.41 feet; thence South 38 degrees 59 minutes 30 seconds West on and along said West line 289.36 feet to the Northernmost comer in the rear line of Lot 74 in Brookshire, Third Section, the plat of which is recorded in Plat Book 3, page 145, in the Office of the Recorder of Hamilton County, Indiana; thence South 80 degrees 39 minutes 25 seconds West on and along the Northerly line of said subdivision, 185.23 feet; thence South 17 degrees 00 minutes 00 seconds West on and along the Westerly line of said subdivision 515.96 feet; thence South 41 degrees 18 minutes 27 seconds West on and along the Westerly line of said subdivision, 199.86 feet; thence South 10 degrees 21 minutes 28 seconds West on and along the Westerly line of said subdivision 329.89 feet; thence South 06 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision, 361.87 feet; thence South 32 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision 366.57 feet; thence North 70 degrees 38 minutes 00 seconds East on and along the Southerly line of said subdivision 136.45 feet; thence North 43 degrees 27 minutes 45 seconds East on and along the Easterly line of said subdivision 586.00 feet; thence North 06 degrees 10 minutes 00 seconds West on and along the Easterly line of said subdivision, 231.76 feet; thence North 45 degrees 00 minutes 00 seconds East on and along the Easterly line of said subdivision, 315.00 feet; thence North 60 degrees 45 minutes 20 seconds East on and along the Easterly line of said subdivision 152.11 feet to the Westerly line of Brookshire, Second Section, the plat of which is recorded in Plat Book 3, page 116, in the Office of the Recorder of Hamilton County, Indiana; thence South 08 degrees 32 minutes 35 seconds East on and along said West line 236.08 feet; thence North 62 degrees 51 minutes 20 seconds East on and along the South line of Lot 124 in said subdivision 170.00 feet to the Westerly line of Brookshire Parkway, said point being on said curve with a radius of 330.00 feet, the radius point of which bears North 62 degrees 51 minutes 20 seconds East from the last described point; thence Southeasterly on and along said right of way line on a curve 131.64 feet to a point which bears South 40 degrees 00 minutes 00 seconds West fi'om the radius point of said curve; thence South 50 degrees 00 minutes 00 seconds East on and along said right-of-way line 268.33 feet; thence South 40 degrees 00 minutes 00 seconds West on and along the Westerly line of said Brookshire, Second Section, 150.00 feet; 4 thence South 41 degrees 48 minutes 31 seconds East on and along said West line 93.23 feet; thence South 11 degrees 03 minutes 36 seconds East on and along said West line 138.55 feet; thence South 30 degrees 00 minutes 00 seconds West on and along said West line 312.18 feet; thence South 04 degrees 54 minutes 42 seconds East on and along said West line 486.70 feet to the Northeast comer of Lot 261 in Brookshire, Section Five, the plat of which is recorded in Plat Book 4, pages 117 and 118 in the Office of the Recorder of Hamilton County, Indiana; thence South 90 degrees 00 minutes 00 seconds West on and along the Northerly line of said subdivision 430.00 feet; thence South 24 degrees 20 feet; thence South 12 degrees 54 feet; thence South 45 degrees 00 thence South 55 degrees 25 thence South 76 degrees 13 thence South 86 degrees 41 thence Noah 86 degrees 37 thence Noah 71 degrees 41 thence Noah 57 degrees 44 minutes 55 seconds West on and along the Westerly line of said subdivision, 144.78 minutes 00 seconds West on and along the Westerly line of said subdivision, 236.59 minutes 00 seconds minutes 49 seconds minutes 35 seconds minutes 40 seconds minutes 23 seconds minutes 38 seconds minutes 40 seconds East on and along the Westerly line of said subdivision, 196.32 feet; East 375.39 feet; East on and along the Southerly line of said subdivision, 350.12 feet East on and along the Southerly line of said subdivision, 770.00 feet East on and along the Southerly line of said subdivision, 150.78 feet East on and along the Southerly line of said subdivision, 75.27 feet; East on and along the Southerly line of said subdivision, 280.75 feet thence Noah 89 degrees 49 minutes 06 seconds East on and along the Southerly line of said subdivision, 206.71 feet measured (230.00 feet deed) to the Westerly fight-of-way of Gray Road as described in Bridge Project #139, the following six (6) courses and distances being along the aforesaid right-of-way line (1) thence South 00 degrees 09 minutes 42 seconds East 401.59 feet; (2) thence South 12 degrees 14 minutes 45 seconds West 102.39 feet; (3) thence South 00 degrees 09 minutes 42 seconds East 150.00 feet; (4) thence South 19 degrees 33 minutes 15 seconds East 53.01 feet; (5) thence South 07 degrees 21 minutes 54 seconds West 101.96 feet; (6) thence South 09 degrees 40 minutes 09 seconds East 207.97 feet to the Northerly right-of-way line of 116th Street as now laid out and in use, the following four (4) courses and distances being along the aforesaid Northerly right-of-way line (1) thence South 61 degrees 37 minutes 56 seconds West 62.66 feet; (2) thence South 84 degrees 45 minutes 22 seconds West 55.24 feet; (3) thence North 89 degrees 54 minutes 34 seconds West 675.00 feet; (4) thence South 70 degrees 10 minutes 49 seconds West 53.18 feet; thence South 00 degrees 05 minutes 26 seconds West 20.00 feet to the place ofbegiuning, containing 123.97 acres, more or less. Excepting Therefrom: Part of the Northeast and part of the Northwest Quaaer of Section 32, Township 18 Noah, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Beginning at the Northwest comer of Lot Number Three (3) in Brookshire Overlook, an Addition in Hamilton County, Indiana, as per plat thereof recorded in Plat Book 7, pages 149 and 150 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 19 minutes 30 seconds West (plat hearing this and next course are on the perimeter of said Lot Number Three (3) in Brookshire Overlook) 69.97 feet to iron pin found; thence South 69 degrees 48 minutes 30 seconds East 76.27 feet; thence South 20 degrees 11 minutes 30 seconds West 12.20 feet; thence North 72 degrees 01 minutes 00 seconds West 74.75 feet; thence North 00 degrees 19 minutes 00 seconds East parallel with the West line of said Lot Number Three (3), 85.19 feet; thence South 89 degrees 40 minutes 30 seconds East 3.50 feet to the Point of Beginning, containing 1,319 square feet (0.03 acre), more or less. 5 PARCEL 2: Part of Lot 23 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 2, page 85 in the Office of the Hamilton County Recorder, more particularly described as follows: Beginning at the Northernmost comer of said Lot 23; thence South 00 degrees 14 minutes 35 seconds East on and along the East line of said Lot 209.60 feet; thence North 24 degrees 48 minutes 27 seconds West 155.78 feet to a point on the Northerly line of said Lot; thence North 43 degrees 23 minutes 37 seconds East on and along aforesaid Northerly line 93.85 feet to the Place of Beginning; containing 0.156 acre, more or less. PARCEL 3: Part of Lot 24 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 3, page 85 in the Office of the Hamilton County Recorder, more particularly described as follows: Beginning at the Northeasternmost comer of said Lot 24; thence South 00 degrees 14 minutes 35 seconds East on and along the East line of said Lot 290.40 feet to the Southeast comer of said Lot; thence South 43 degrees 23 minutes 37 seconds West on and along the South line of said Lot 93.85 feet; thence North 24 degrees 48 minutes 27 seconds West 282.27 feet to a point on the Northwesterly line of said Lot; thence North 29 degrees 18 minutes 24 seconds East on and along said Northwesterly line 118.72 feet to the North line of said Lot; thence South 89 degrees 27 minutes 42 seconds East 123.57 feet to the Place of Beginning, containing 1.037 acres, more or less. PARCEL 4: Part of the Lot 25 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 3, page 95 in the Office of the Hamilton County Recorder, more particularly described as follows: Beginning at the Northeast comer of said Lot 25; thence South 29 degrees 18 minutes 24 seconds West on and along the East line of said Lot 118.72 feet; thence North 24 degrees 48 minutes 27 seconds West 115.16 feet to a point on the North line of said Lot; thence South 89 degrees 27 minutes 42 seconds East on and along aforesaid North line 106.43 feet to the Place of Beginning, containing 0. 127 acres, more or less. Also identified as Tax Parcel I.D. Nos.: 16-10-32-00-00-012,001 16-10-32-03-03-002.000 16-10-32-03 -03 -003.000 16-10~32-03-03-005.000 6 Ordinance No. Z-371-02 Exhibit B Brookshire Golf Course 7 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF THE CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES TO REZONE PROPERTY COMMONLY KNOWN AS BROOKSHIRE GOLF COURSE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE No. Z-371-02 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 (Docket No. 1-02 Z) of the City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to fezone property commonly known as Brookshire Golf Course: The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting of January 15, 2002, the Carmel/Clay Plan Commission voted twelve (12) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z- 371-02 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4- 608(f)(4), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification is Wednesday. April 17, 2002. a Ona ancock, ecre ary Carmel/Clay Plan Commission Dated: January 17, 2002 Ma~i~de~esi~l;nt / RECEIVED CARMELCLERK TREASURER