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HomeMy WebLinkAboutZ-402-03 Crooked Stick Glf ClubSponsor: Councilor Wayne Wilson ORDINANCE NO. Z-402-03. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING DISTRICT CLASSIFICATION Rezoning the Crooked Stick Golf Course from the S-1/Residence District Classification to the P- I~Parks & Recreation District Classifcation WHEREAS, the Carmel/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 par~ of the Zoning Ordinance is hereby changed to designate the real property from the S-1/P. esidcnce District Classification to the p-I/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 Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed.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 fxom and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Cannel, Indiana this / ~7'h~' day of -~tO~rtlta~? 2003, byavoteof ~ ayesand_ t3 nays. .COMMON COUJ~ICIL FOR THE CITY OF cARMEL~ ~Tt~"e~nnore R. K .v nald E. C~? Sponsor: Councilor Wayne Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-~r~firer /~?//.Approved by me, Mayor of the ~gO'~/ 2003, at 7 67f ~/~,.M. / Presented by me to the Mayor of the City of Carmel, Indiana this /~_ day of ~"~9~ 2003, at ~.~5 ? Diana L. Cordray, IAMC, Clerk-Tre~furer City of Carmel, Indiana, this //7~ay of ~mes Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Tr~ls~rer Prepared by: John R. Molitor Carmel/Clay Plan Commission Attorney One Civic Square Carmel, IN 46032 2 Sponsor: Councilor Wayne Wilson Ordinance No. Z-402-03 Exhibit A Land Description Crooked Stick Golf Course Part of Section 4, Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of Section 4, Township 17 North, Range 3 East; thence North 00°32'03" East (Bearing based on plats for Crooked Stick Estates) and along the East line of said Southwest Quarter 40.00 feet to the Place of Beginning of this tract; thence on the North line of Crooked Stick Estates, Section Seven, a subdivision recorded in P.B. 8, Pages 115-117 in said Recorder's office, the following 5 courses: 1) North 66°18'53" West 286.30 feet; 2) North 00°41'03" East 211.82 feet; 3) North 89018'57" West 400.00 feet; 4) South 00°41 '03" West 58.42 feet; 5) South 88°06'17" West 181.01 feet to the Northeast corner of Lot 110 in said Section Vii; thence on the east, South and West lines of said lot the next 5 courses: 1 ) South 00°41'03" West 60.01 feet; 2) South 48°25'10'' East 123.25 feet; 3) South 00°01'47" West 125.00 feet; 4) North 89°58'13" West 278.04 feet; 5) North 00°01'47" East 208.60 feet to the Northeast corner of land described in a deed to D. & L. Cassel, recorded in P.B. 275, Pg. 394 in said Recorder's office; thence on the Northerly lines of said land and also the Northerly lines of land described in a deed to G. & S. Greensberg, recorded in Instrument ¢~g0-20965 in said Recorder's office the next 8 courses; 1 ) South 82045'25" West 364.92 feet; 2) North 00°01'47" East 16.02 feet; 3) North 84°18'57" West 108.00 feet; 4) North 61 °48'57" West 78.00 feet 5) North 32°18'57" West 62.00 feet 6) North 69006'02" West 53.35 feel 7) South 68°13'23" West 36.23; 8) North 78°41 '48" West 10.45 feet; thence North 02°28'16" East 198.79 feet; thence North 87°35'38'' West 79.54 feet to the East line of Crooked Stick Estates, Section One, a subdivision recorded in P.B. 5, Page 149-151 in said Recorder's office; thence on said East line the next 4 courses: 1 ) North 31°03'58" West 28.53 feet; 2) North 00027'43" West 96.69 feet; 3) North 68004'52', East 444.24 feet; 4) North 63o55'52" East 30.75 to the Southwest corner of Lot 11 in said Section One; thence on the West line of said lot North 07058'30'' West 510.62 feet to the North line of said Section One; thence on the North line thereof the next 4 courses: 1) North 89057'35'' East 415.44 feet to a point on a non-tangent curve, concave Northerly, having a central angle of 269°59'14" and a radius of 50.00 feet; 2) Southerly, Easterly and Northerly on said curve an arc distance of 235.61 feet (said arc having a chord bearing of South 45°02'48" East and a length of 70.72 feet) to the point of tangency thereof; 3) North00°02'48'' West 50.00 feet; 4) North 89057'35" East 239.59 feet to the Northeast corner of Lot 14 in said Section One; thence continuing North 89057'35" East 50.40 feet to a stone with a cut cross at the Southeast corner of Executive Estates, a subdivision recorded in P.B. 3, Page 8-9 in said Recorder's office; thence North 00°31 '09" East on and along the East line of said Executive Estates, 601289 feet to a point which is 732.52 feet South 00029'22" West of the South line of the Northwest Quarter of said Section 4; thence North Sponsor: Councilor Wayne Wilson 44°52'11" East 0.53 feet to the Southeast corner of Crooked Stick Estates, Section Three, recorded in P.B. 5, Pages 155-157 in said Recorder's office; thence on the West and North lines of land described in a deed to Crooked Stick Golf Club, Inc., recorded as Instrument g83-7623 in said Recorder's office the next two courses: 1 ) North 00°31 '43" East 274,86 feet; 2) South 89°28'17" East 268,60 feet to the East line of Lot 52 in said Section Three; thence North 00034'45'' East on said East line 192,67 feet; thence North 89°28'17'' West 185.47 feet to a point on a non-tangent curve, concave Westerly, having a central angle of 36052'07.' and a radius of 50,00 feet; thence Northerly on said curve an arc distance of 32.17 feet (said am being subtended by a chord having a bearing of North 18057'27'' East and a length of 31.63 feet) to the North line of said Lot 52; thence South 89°28'17" East on said North line 175.50 feet to the Northeast corner of said lot; thence North 00034'45'' East parallel with the East line of the Southwest Quarter of said Section 4, 237.34 feet to a point on the North line of said Southwest Quarter which is 400.00 feet South 89058'00" West of a stone at the center of said Section 4; thence North 26°45'13" West 456.96 feet; thence North 25022'26'' West 234.94 feet; thence North 13°08'24" East 96.98 feet; thence North 4033'53" East 80.75 feet; thence North 08o20'38'' West 73.00 feet; thence North 07047'08'' East 47.62 feet; thence North 20°41 '03" East 40.00 feet; thence North 42°41 '03" East 40.00 feet; thence North 42°41'03" East 30.00 feet; thence North 23°46'00.' East 191.58 feet; thence South 76°17'12" East 78.41 feet; thence South 61 °34'14" East 564.88 feet; thence South 78°26'11" East 222.43 feet; thence South 83056'26" East 221.10 feet; thence North 71047'34'' East 81.05 feet; thence North 06°16'11" West 72.18 feet; thence North 16°05'11" West 22.452 feet; thence North 19°15'26" West 137.39 feet; thence North 23°46'06" East 44.37 feet; thence North 27°39'36" West 168.73 feet; thence North 00016'24" East 74.47 feet; thence North 63021'52'' West 22.30 feet; thence North 74048'45'' West 147.19 feet; thence North 70002'48" West 131.00 feet; thence North 88°21'31" West 146.65 feet; thence North 72o26'36" West 140.69 feet; thence North 24036'02" West 89.51 feet; thence North 07003'44'' East 318.59 feet; thence South 89°42'01" East 600.01 feet; thence South 80043'40'' East 204.61 feet; thence South 85°21'58" East 195.55 feet to the Southeast corner of Lot 45 in Crooked Stick Estates, Section II, the plat of which is recorded in Plat Book 5, Pages 152-154 in said Recorder's office; thence on the East line of said lot North 00031'05" East 20.02 feet to the Southeast corner of land described in a deed to D.H. Webb, recorded as Instrument #95- 3626 in said Recorder's office; thence on the South and East lines of said land the next 3 courses: 1) South 86040'38'' East 281.68 feet; 2) thence North 73o43'52" East 302.93 feet; 3) thence North 00°32'04" East 415.15 feet to the North line of the Northeast quarter of Section 4, Township 17 North, Range 3 East; thence on said North line North 89053'34'' East 213.14 feet to the Northwest corner of land described in a deed to T.L. Johnson, recorded as Instrument g88-14046 in said Recorder's office; thence on the West line of said land South 00°39'48" West 293.00 feet; thence on the South line of said land North 89°53'34'' East 160.00 feet to a point on the East line of the West Half of said Northeast Quarter, said point being the Southwest corner of land described in a deed to E. Hourigan, recorded as Instrument #94-48197 in said Recorder's office, thence on the South line of said land North 65°09'41'' East 321.31 feet; thence on the Southeast line of said land North 55049'39" East 109.99 feet; thence on the East line of said land North 00°06'59" West 96.94 feet to a point on the North line of the Northeast Quarter of said Section 4; thence on the North line thereof North 89053'34'' East 147.79 to the West line of Crooked Stick Estates, Section IV the plat of which is recorded in P.B. 5, Pages 158-160 in said Recorder's office; thence on the Westerly and Southerly lines of said land the next 21 courses; 1) South 00°07'22" East 69.21 feet; 2) South 39°31 '21" East 145.59 feet; 3) thence South 26002'35'' West 254.56 feet; 4) thence South 81 °29'20" East 289.39 feet; 5) thence South 37°36'10'' West 554.46 feet; 6) thence South 56°59'10" West 275.24 feet; 7) thence South 61 °35'25" West 233.68 feet; 8) thence South 44o47'45" West 138.71 feet; 9) thence South 72°06'40'' West 87.35 feet; 10) thence South 78020'30'' West 61.31 feet; 4 Sponsor: Councilor Wayne Wilson 11) thence South 23025'20'' West 55.80 feel 12) thence South 05°51 '45" West 147.15 feel 13) thence south 54007'45" East 120.47 feet: 14) thence South 37°51'55" East 330.32 feet 15) thence North 89038'00" East 265.59 feet 16) thence South 61°07'30" East 130.00 feel 17) thence North 39036'40'' East 274.32 feet 18) thence North 19005'50'' East 254.03 feet 19) thence North 52°57'20" East 58.60 feet 20) thence South 84013'20'' East 90.00 feet: 21) thence South 43045'05" East 99.98 feet to the West line of Crooked Stick Estates; Section V, the plat of which is recorded in P.B. 2, Page 272 in said Recorder's office; thence on the Westerly and Southerly lines of said Section V the following 11 courses: 1) thence South 15°29'45'' West 149.64 feet; 2) thence South 62048'50'' West 145.76 feet; 3) thence South 11°04'05" West 172.68 feet; 4) thence South 29o46'55'' West 306.01 feet; 5) thence South 38°24'10" West 114.13 feet; 6) thence South 03°54'50'' West 244.64 feet; 7) thence South 15059'00" West 112.48 feet to a point which is 290.00 feet North 89°35'10" East and 50.00 feet North 00024'50'' West of the Southwest corner of the East Half of the Northeast Quarter of said Section 4; 8) thence South 89°35'31" West parallel with the South line of the East Half of the Northeast Quarter of said Section 4, 164.50 feet to the point of curvature of a curve to the right with a radius of 397.24 feet; the radius point of which bears North 00024'29'' West 397.24 feet from said point of curvature; 9) thence Northwesterly on and along said curve to the right 112.73 feet to a point which bears South 15°51'31" West 397.24 feet from the radius point of said curve; 10) thence North 74o08'58" West 171.65 feet to the point of curvature of a curve to the left with a radius of 175.00 feet; the radius point of which bearo South 15°51'02" West 175.00 feet from the point of curvature of said curve; 11 ) thence Westedy and Southwesterly on and along said curve to the left 272.25 feet lo a point which bears North 73°17'07" West 175.00 feet from the radius point of said curve, said point being the Northeast corner of Lot #10 in Spring Run Estates, Section One, as per plat thereof, recorded in Plat Book 2, page 272 in the Office of the Recorder of Hamilton County, Indiana; thence North 72031'27" West on and along the Northerly line of said Lot #10, 21.73 feet; thence North 89047'44'' West on and along the North line of said Spring Run Estates and the North line of the West Half of the Southeast Quarter of Section 4, 646.10 feet to the Northwest corner of Lot #12 in said Spring Run Estates; thence South 00034'43" West on and along the West line of Lots #12 and #13 in said Spring Run Estates and their extensions 460.30 feet to the Southwest corner of said Lot #13; thence South 89047'44.' East on and along the South line of Lots #13 and #14 in said Spring Run Estates 494.91 feet to the Southeast corner of said Lot #14; thence South 00°30'18" West 61.19 feet to the North corner of land described in a deed to J. & C. Zachery, recorded in P.B. 353, Page 593 in said Recorder's office; thence on the West line of said land South 005008'06" West 201.37 feet; thence on the South line of said land South 85027'35.' East 60.93 feet; thence South 11°44'56'' East 209.78 feet to the North corner of land described in a deed to P.F. and A.E. Muller, recorded in P.B. 335, Page 399 in said Recorder's office; thence on the North line of said land South 89°35'02'' West 20.00 feet; thence on the West line of said land South 00°30'18" 220.00 feet; thence on the South line of said land South 89057'05'' East 40.00 feet to the West line of said Spring Run Estates subdivision; thence on said West line the next 14 courses: 1 ) South 04°31'21" East 73.17 feet; 2) thence South 12°43'00'' West 385.84 feet; 3) thence South 99°30'18" West 270.32 feet; 4) thence South 40°47'28'' East 244.29 feet; 5) thence South 23°51 '11" East 95.53 feet; 6) thence South 67°29'42'' East 80.00 feet; Sponsor: Councilor Wayne Wilson 7) thence South 34o29'42" East 70.00 feet; 8) thence South 89029'42'' East 130.00 feet to the West line of Crooked Stick Lane; 9) thence South 00°30'18" West on and along said West tine 44.84 feet to the point of curvature of a curve to the right with a radius of 1485.00 feet; 10) thence Southerly on and along said curve to the right and on and along said West line of Crooked Stick Lane 129.59 feet; 11 ) thence South 05°30'18'' West on and along said West line of Crooked Stick Lane 40.25 feet to the point of curvature of a curve to the ~eft with a radius of 1535.00 feet; 12) thence Southerly on and along said curve to the left on and along said West line of Crooked Stick Lane 133.95 feet; 13) thence South 00°30'18" West on and along said West line of Crooked Stick Lane, 22.41 feet to the point of curvature of a curve to the right with a radius of 25.00 feet; 14) thence Southwesterly on and along said curve to the right 39.05 feet to the North right-of-way line of 106th Street; thence North 89°56'59" West on and along the North line of 106th Street, 276.95 feet to the Southeast corner of Lot #24 in said Spring Run Estates; thence on the East line of said lot North 00°03'01" East 219.09 feet; thence on the North line of said lot North 64°14'19" West 277.10 feet; thence North 78053'33" West 91.98 feet on the North tine of Lot 25 in said subdivision lo the Easterly corner of land described in a deed to S.R. & J.A. young, recorded in Instrument #82-33699 in said Recorder's office; thence on the North line of said land the next 3 courses: 1) thence North 72037'09" West 133.62 feet; 2) thence South 56°21'56" West 68.20 feet; 3) thence South 39050'38'' West 133.64 feet to the Northeast corner of land described in a deeds to F.B. & A.A. Hovde, recorded in P.B. 352, Page 993, P.B. 352, Page 564 and P.B. 332, Page 777 in said Recorder's office thence on the lines of said land the next 4 courses: 1 ) thence south 56034'32'' West 238.67 feet; 2) thence South 50°32'41'' West 54.43 feet; 3) thence North 89056'59" West 108.13 feet; 4) thence South 00°39'42'' West 90.00 feet to the Point of Beginning, containing 195.579 acres, more or less, subject to rights-of-way, easements and restrictions. ALSO That real estate within Lot 27 of Spring Run Estates which lies North and West of real estate conveyed to F. Boyd Hovde and Alice A. Hovde per Warranty Deed recorded among the records of the Hamilton County Recorder in Deed Book 332, Page 777: Part of Lot 27 in Spring Run Estates, Section One, the plat of which is recorded in Plat Book 2, page 272 in the Office of the Recorder of Hamilton County, Indiana, and part of the West Half of the Southeast Quarter of Section 4, Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at the Southwest corner of said Lot 27; thence along the South line thereof South 89 degrees 58 minutes 48 seconds East 150.00 feet; thence parallel with the West line of said Lot 27 North 00 degrees 32 minutes 03 seconds East 90.00 feet to an angle point on the North line of said Lot 27 which lies South 89 degrees 58 minutes 48 seconds East 150.00 feet from the Northwest corner of said Lot 27; thence continue North 00 degrees 32 minutes 03 seconds East 34.63 feet to a point which bears North 50 degrees 30 minutes 31 seconds East 195.88 feet from point of beginning; thence South 50 degrees 30 minutes 31 seconds West 195.88 feet to the Point of Beginning, containing 0.215 acres, more or less. EXCEPTING That real estate conveyed to James Steven Irsay and Margaret Mary Irsay per Corporate Warranty Deed recorded among the records of the Hamilton County Recorder in Instrument Number 9809809597: Part of the West half of the Northeast Quarter of Section 4, Township 17 North, Range 3 East, in Hamilton County, Indiana, being described as follows: Sponsor: Councilor Wayne Wilson Commencing at the Northeast corner of said West half; thence South 89 degrees 52 minutes 35 seconds West along the North line thereof a distance of 160.00 to the Northeast corner of a tract of land described in Instrument NO. 9503625 in the Office of the Recorder of Hamilton County, Indiana and the Point of Beginning; thence South 00 degrees 39 minutes 21 seconds West along the East line thereof a distance of 293.00 feet; thence South 89 degrees 52 minutes 35 seconds West parallel with the North line of said Half Quarter Sections distance of 212.44 feet to the West line of said tract of land; thence North 00 degrees 31 minutes 05 seconds East along said West line a distance of 292.99 feet of the Northwest corner thereof; thence North 89 degrees 52 minutes 35 minutes seconds East along the North line of said Half Quarter Section a distance of 213.14 feet to the Point of Beginning. Containing 1.43 acres, more or less. EXCEPTING That real estate conveyed to Jean A. Leeper per Quitclaim Deed recorded among the records of the Hamilton County Recorder in Instrument Number 9809818687: A part of the West Half of the Southeast Quarter of Section 4, Township 17 North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows: Beginning at the Northwest corner of Lot 17 in "Spring Run Estates-Section One" the plat of which is recorded by Instrument #9431, in Book 2, page 272 in the Office of the Recorder of Hamilton County, Indiana, thence South 11 degrees 47 minutes 36 seconds East along the West line of said lot 209.78 feet; thence North 86 degrees 49 minutes 16 seconds West 87.87 feet; thence North 04 degrees 25 minutes 28 seconds West 205.87 feet to a point which bears North 85 degrees 29 minutes 36 seconds West 60.93 feet from the place of beginning; thence South 85 degrees 29 minutes 36 seconds East 60.93 feet to the Place of Beginning, containing 0.347 acres, more or less. 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 CROOKED STICK GOLF COURSE PURSUANT TO INDIANA CODE 36-7-4-605 ORDINANCE To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Cormmssion offers you the following report on the application (Docket No. 114-02 Z) of the City of Carmel Department of Community Services petitioning the Commission for a favorable recommendation to rezone property commonly known as Crooked Stick Golf Course: The Carmel/Clay Advisory Plan Commission's recommendation on the petition of the Department of Community Services is FAVORABLE. At its regularly scheduled meeting of December 17, 2002, the Carmel/Clay Advisory Plan Commission voted ten (10) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Za~4b,0'Fwith a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4- 607(e)(3), the Council bas 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 Thursday, March 27, 2003. J~l~obosi~wicz, Acting S~l~tary ~armel/Clay Plan Commission Dated: Friday, December 27, 2002 CARMEL/CLAY PLAN COMMISSION Marilyn Anderson, President RECENED CARMEL CLERK TREASURER CARMEL CLERK TREASUReR-LEGALS COUNTY, INDIANA 900549~2543166 General Form No. 99 P (Rev. 1987) To: INDIANA NEWSPAPERS 307 N PENNSYLVANIA ST - PO BOX 145 RqI)IANAPOLIS, 1N 46206-0145 PUBLISHER'S CLAIM LiNE COUNT Display Matter - (Must not exceed two actual lines, neither of which shall total more than four solid lines of the iype in which the body $ of the advectisement is set). Number of equivalent lines Head - Number of lines Body - Numb*r of lines $ Tail - Number of lines $ Total number of ]inca in notice ;OMPUTATION OF CHARGES 36 0 lines ~LP_ colunms w/de equals 36.0 equ valent $_ 10.~4 lines at ~t~ cents per line Additional charge for Online Publication $... $00 Charges for extra proofs of publication ($1.00 for each proof in excess of iwo) $ ,00 $_ TOTAL AMOUNT OF CLAIM $ ATA FOR COMPUTiNG COST $ Width of single column ~ ems Size of type 5_27 point $_ $ Number of insertions 1.0 $ 15.~4 ~urxuant to the provisinns and penaliies of Chapter 155, Acts of 1955, . ereby ten fy that the forego ng accoun ~s jus and correct, that the amount claimed is legally due, after dlovang all just eredlts, and that no part of the same has been paid. ~-TE: 01/10/2003 ~0549-2543166 65 -P~EV 1-88 Title PUBLISHER'S AFFIDAVIT State of Indiana SS: HamiIton County Personally appe~ed before me, a notary public in and for said county and state, the undersigned SUSAN FLODDER who, being duly sworn, says that SHE is clerk of the Noblcsville Ledger a newspaper of gnnm'al circulation printed and published in the English language in the city of NOBLESVILLE in state whlch was duly peblished in said paper for 8 time(s), between the dates o15 Title Subscribed and sworn to before rne on 01/10/2003 K~tv?SEF1L¥ fl. Count of Morgan" My Con'rmiss~on Exl~m$ ~ay 13, 20~0