HomeMy WebLinkAboutZ-298 Rezone R-1 to R-3/11580 N. CollegeOrdinance No: ~ i 2 q 5
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AMENDING CHAPTER 10, ARTICLE 2,
SECTION 31, OF THE CARMEL CITY CODE, AS AMENDED:
WHEREAS, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CARMEL,
INDIANA, ORDINANCE Z-160, AS AMENDED, PASSED BY THE COMMON COUNCIL OF THE CITY
OF CARMEL, INDIANA, ON JANUARY 21, 1980, UNDER AUTHORITY OF ACTS OF 1979, PUBLIC
LAW 178, SECTION 1, et seq., I.C.18-7-101. et seq.) AND ALL ACTS AMENDATORY OR
SUPPLEMENTARY THERETO.
WHEREAS, THIS AMENDMENT CHANGES THE OFFICIAL ZONING MAP FOR THE CITY OF
CARMEL AND CLAY TOWNSHIP, FROM A R-1 ZONED DISTRICT TO A R-3 DISTRICT
ON THE PREMISES COMMONLY KNOWN AS .~
NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, AS FOLLOWS:
Section I. Chapter 10, Article 2, Section 31 of the Carmel City Code, is hereby amended to include in the
R-3 Zoned District the following described real estate, to wit:
See Legal Description Attached as Exhibit A.
Section II. All buildings or uses permitted and placed upon said described real estate shall fully conform with
all the provisions of the Carmel/Clay zoning Ordinance, shall have obtained the proper permits, and shall
comply with all representations contained in Commitments Concerning the Use and Development of Real Estate
attached hereto as Exhibit B and incorporated herein by reference.
Section IIL This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
PASSED BY THE CO~4MON. COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS /4 DAY OF /_j.~. ~'..~.-,-~-~.l.~ , 19 ~z/ .
Presidin
ATTEST:
easurer
Carmel, Indiana, on the.
PRESeNTED by me to the Major of the City of ____~m.
,~ z~ ¢ ,c~r~__.~--~, 19 q~, at the hour of
/ ~ day of
ATTEST: /
" , nonthe /~ dayof ~.e.~. , 19 cfi ,~_~-
PRESENTED to us in reg'utar.sess'o
and by us the Carmel/Clay Pla~"Comm~ssion this .__ __ day of .-~ ~_.~-~--~'T~ .
~___.-----"~- Secretary, Carmel/Clay Plan ~m~sion
A port of the Northeast Quarter o{ Section 2. ~[ownshlp 17 North, Rc~n.qe
o! the Second principal Meridian, Hamilton County. Indlann, moro [.:,rtlculnrty
described as ~ollow~:
Commencing at the Northennt cor'ne;~ of ~o[(I Northanst Quarter; then6o South
00'00'00" WeSt (assumed be~3rin(J) along lite Ee¢~L line o[ ~oid Northeast
Ouarter a distartce of 424.04 (eot to the POINT OF JJEGINNINC; thence
continuing Sou[h O0'00'00" Wes[ elan9 said Ea~L I[~ o (list(nc~ of glO.00
feel ~o Lhe Southe~st corner of Ihe North Null ~f s~ld N~r~h~ost Quarter;
distance of 521.50 feet; t~ence North 00'00'00" East parallel with
line of said Northeast. Quarter a distance of 872.29 leal; [herme NorU~
88-44'39' ~as[ ~erallel with the North line of ~c~id Northens[ duorter
, ..... dlstunce ~f
distance el 158.42 feet; thence North 3235 23 East o
feet; thence North 80'44'39" East parallel wiU3 said North linc a distance
of :530.95 ~eet to tho Point of Beginning, Con[olnin~ 10.74~ Acres (467,99~
Square Fee[), more or less.
EXHIBIT A
EXHIBIT B
COMMITMENTS CONCEICNING THE
USE AND DEVELOPMENT OF REAL ESTATE
In accordance with Indiana Code Section 36-7-4-613, the undersigned, Kirkpatrick
and Associates CDeveloper"), the pumhaser of the following described real estate located in
Hamilton County, Indiana, makes the following Commitments Concerning the Use and
Development of Real Estate ("Commitments") to the Carmel / Clay Township Plan
Commission ("Commission"):
1. Description of Real Estate.
See Exhibit A ("Real Estate")
2. Docket Number: -8ff-94 Z---
3. Statement of Commitments:
mo
The Developer commits that the Real Estate shall be developed in substantial
compliance with the development plan depicted on Exhibit B hereto containing
no more than twenty nine (29) lots, except for such modifications required by
the Commission as a condition of Primary or Secondary Plat Approval.
Developer hereby consents to the annexation of the Real Estate to the City of
Carmel, Indiana, and commits that the Secondary Plat(s) of the Real Estate to
be recorded shall contain the following:
"Each Owner, by the acceptance of the deed to a lot in Applewood
Estates, shall be deemed to have waived each Owner's right to
remonstrate against annexation of all or part of Applewood Estates to
the City of Carmel, Indiana."
Binding on Successors and Assigns: These Commitments are binding on the
Developer, each subsequent owner of the Real Estate, and each other person acquiring
an interest in the Real Estate, unless modified or terminated only by a decision of the
Commission at a public hearing after notice has been provided pursuant to the rules of
the Commission.
Effective Date: The Commitments contained herein shall be effective on the approval
of the Primary Plat and Secondary Plat(s) of the Real Estate by the Commission.
6. Enforcement: These Commitments may be enforced by the Commission and the City
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EXHIBIT B
Council of the City of Carmel, Indiana.
DATED THIS DAY OF
,199
Kirkpatrick and Associates
By:
Kevin K. Kirkpatrick
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared
Kevin K. Kirkpatrick, who acknowledged the execution of the foregoing Commitments
Concerning the Use and Development of Real Estate and who, having been duly sworn,
stated that the representations therein contained are true.
Witness my hand and Notarial Seal this
day of ., 199 .
My commission expires:
Signature
Printed
Resident of
, Notary Public
County, Indiana.
Prepared by Ronald A. Wright, Attorney at Law, 9000 Keystone Crossing, Suite 730,
Indianapolis, Indiana 46240
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