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HomeMy WebLinkAboutZ-425-03 Founders ParkSPONSOR: COUNCILOR RATTERMANN ORDINANCE NO. Z-425-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning the Founders Park from the R-2/Residence District Classification to the P-1/Parks & Recreation District Classification WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a zoning ordinance, the terms of ~vhich are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the map that is part of the zoning ordinance; and 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 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real property from the R-2/Residence District Classification to the P-I/Parks & Recreation District Classification. Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Z-425-03 PASSED by the Common Council of the City of Carmel, Indiana this //dq~day of ,~l] [O~7~./?lhd?'~ 2004, by a vote of 7 ayes and ~7 nays. COMMON COUNCIL FOR THE CITY OF CARMEL  idingJ21fficer Kevin _ ~ .nald ~-./~~dent Pro Tempore Richard L. Sharp ~// Diana L. Cordray, IAMC, Clerk-~/ehsurer Pres?n~e~d by me to the Mayor of the City of Carmel, Indiana this /}~day of~~ 2004, at :~ ~.M. Diana L. Cordray, IAMC, Cler~easurer Appyoved by, me, Mayor of the City of C~el, hdi~a, this /7~ day o~ 2004, at /0:~ ~.M. ~ j~ainard, Mayo/~--~'-~*rj Diana L. Cordray, IAMC, C~k-Treasurer Prepared by: 827774 Sue Beesley Bingham McHale LLP 2700 Market Tower 10 W. Market Street Indianapolis, IN 46204-2982 LOCATION M~ Founders Park EXHIBIT A LEGAL DESCRIPTION FOUNDERS PARK A part of the East Half of the Southeast Quarter of Section 33, Township 18 North Range 4 East, Hamilton County, Indiana, described as follows: Beginning on the east line of said half-quarter section North 0 degrees 04 minutes 08 seconds East (assumed beating) 80.00 feet from the southeast comer of said section, which point is at the intersection of said east line and the proposed north boundary of the 116th Street; thence North 89 degrees 42 minutes 50 seconds West 913.04 feet along the proposed north boundary of said 116th Street to the easterly boundary of proposed Hazel Dell Parkway; thence North 56 degrees 31 minutes 56 seconds West 47.85 feet along the easterly boundary of said Hazel Dell Parkway; thence North 14 degrees 27 minutes 13 seconds West 156.79 feet along said eastern boundary; thence Northeasterly 1256.21 feet along an arc to the right and having a radius of 1824.86 feet and sublended by a long chord having a bearing of North 5 degrees 16 minutes 02 seconds East and a length of 1231.55 feet along said boundary; thence North 24 degrees 59 minutes 17 seconds East 334.56 feet along said eastern boundary to an east line of the real estate described in Warranty Deed rewarded in Book 172 pages 72-73 in the Office of the Recorder of Hamilton Cmmty, Indiana; thence South 0 degrees 04 minutes 08 seconds West 31.37 feet along said east line to a north line thereof; thence South 89 degrees 51 minutes 19 seconds East 740.00 feet along said north line to the east line of said section; thence South 0 degrees 04 minutes 08 seconds West 1680.10 feet along said east line to the point of begirming and containing 35.49 acres, more or less. The above description was developed using Warranty Deed Book 172, page 72-73 There was no field survey to establish property comers. Covenants Running with the Parkland Real Estate This conveyance is made subject to certain covenants as set forth in that certain document entitled "Agreement" dated November 5, 1997 by and between Grantor and Grantee, including, but not limited to the following: It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall mn with the Real Estate, that all lands hereinbefore described are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever, other than subsurface rights as set forth in the Agreement, are intended to remain in Grantor. Further, Grantee acknowledges that Grantor has and is conducting mining operations on its real estate, including that portion of its real estate from which the above-described Real Estate is conveyed. Grantee also acknowledges that Grantor, and its successors-in-interests, will continue to conduct mining operations on all of its remaining real estate in Clay Township following the conveyance of the Real Estate. Grantee further acknowledges that Grantor has and is leasing or may in the future lease to others, a part of its remainder real estate for use by industries which are subordinate to and related to Grantor's mining operations and which use products of Grantor's mining operations, such as for example only, the Batch Plants (hereinafter collectively and separately the "Related Industries"). Grantee acknowledges that Grantor's mining operations and the operations of any Related Industries may subject Grantee and the Real Estate to noise, dust, truck traffic, blasting vibrations and other inconveniences. As an inducement to American's execution and delivery of this Quit Claim Deed to Grantee, Grantee covenants, on behalf of itself and its successors-in-interests, mining operations or the operations of the Related Industries located on Grantee's currently owned real estate, including, but not limited to, nuisance or trespass. Grantee, on behalf of itself and its successors-in-interests, does hereby waive, release, forever discharge and covenant not to sue Grantor, its successor-in-interests, their lessees' and their respective shareholders, officers, directors, and employees for any and all claims, demands, injuries, actions and causes of action at law or in equity, past, present or future, any damages, or other claims arising out of non-negligent mining operations, and/or non-negligent Related Industries operations, including, by way of illustration, and not limitation, property damage, including diminution of property value, emotional disruption, nuisance or trespass. For purposes of this paragraph, the term "proceeding" means any action, suit or proceeding, whether civil, criminal, administrative or investigative, and whether formal or informal.