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EXHIBIT A
PAGE 1 OF 2
A LAND BOUNDARY DESCRIPTION OF
WEST CARMEL MARKETPLACE
9901 NORTH MICHIGAN ROAD
CARMEL, INDIANA
AUGUST 26, 2004
A part of Section 7, TO\V11ship 17 North, Range 3 East, Hamilton County, Indiana,
described as follows: Commencing at the northeast comer of the Southeast Quarter of said
Section 7; thence South 88 degrees 44 minutes 27 seconds West 1,106.46 feet along the north line
of said Southeast Quarter to the POlNT OF BEGINNING of this description: thence South 00
degrees 37 minutes 40 seconds East 1,255.30 feet; thence South 88 degrees 40 minutes 49
seconds West 1,137.71 feet; thence North 20 degrees 56 minutes 37 seconds West 298.97 feet;
thence South 69 degrees 03 minutes 23 seconds West 274.51 feet to the easterly right-of-way line
ofD.S. Highway 421; thence along said easterly right-of-way line the following five (5) courses:
1) North 21 degrees 11 minutes 28 seconds West 342.02 feet; 2) North 21 degrees 54 minutes 26
seconds West 262.49 feet; 3) North 25 degrees 57 minutes 17 seconds West 98.77 feet; 4) North
21 degrees 11 minutes 28 seconds West 337.18 feet; 5) Northerly 100.38 feet along an arc to the
right and having a radius of 14,646.15 feet and subtended by a long chord having a bearing of
North 21 degrees 09 minutes 53 seconds West and a length of 100.38 feet to the south boundary
line of the land described in the deed to Porter Shank IT, LLC, as recorded in Instrument Number
99-9904943 in the Office of the Recorder of Hamilton County, Indiana; thence North 88 degrees
53 minutes 19 seconds East 339.82 feet along said south boundary line of Porter Shank land to
the southeast comer of said Porter Shank land; thence North 00 degrees 25 minutes 52 seconds
West 289.00 feet along the east boundary line of said Porter Shank land to the northeast comer of
the land described in the deed to Checker Oil Company of Indiana, Inc., as recorded in Book 316,
page 97 in said Recorder's office; thence South 88 degrees 53 minutes 19 seconds West 435.74
feet along the north boundary line of said Checker Oil land to the northwest comer of Block F of
,
West Carmel Center, as described in Plat Cabinet 3, slide 163 in said Recorder's office; thence
along the northerly boundary line of said Block F the following five (5) courses: I} North 24
degrees 01 minute 45 seconds East 47.14 feet; 2) North 69 degrees 08 minutes 38 seconds East
137.09 feet; 3) North 53 degrees 53 minutes 18 seconds East 354.21 feet to a point on the east
line of the Northwest Quarter of said Section 7, said line also being the west line of the Northeast
Quarter of said Section 7; 4) continuing North 53 degrees 53 minutes 18 seconds East 501.96
feet; 5) South 81 degrees 06 minutes 37 seconds East 49.50 feet to the westerly right-of-way line
of Commerce Drive; thence along said westerly right-of-way line the following three (3) courses:
1) South 36 degrees 06 minutes 42 seconds East 78.27 feet; 2) Southeasterly, and Southerly
214.62 feet along an arc to the right and having a radius of 705.00 feet and subtended by a long
chord having a bearing of South 27 degrees 23 minutes 26 seconds East and a length of 213.79
feet; 3) South 18 degrees 40 minutes 10 seconds East 632.03 feet to a point on the south line of
said Northeast Quarter, said line also being the north line of the Southeast Quarter of said Section
7; thence North 88 degrees 44 minutes 27 seconds East 773.40 feet along said north line to the
POlNT OF BEGINNING and containing 59.557 acres, more or less.
EXHmIT A
PAGE 1 OF 2
H:\Dell D Drive\Duke-Carmel-DP-ADLS- V ARLegal.doc
Prepared by Woolpert LLP
3/11/05 1 :48 PM
898122.4
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the fence is not approved, Petitioner shall pay Ashbrooke an amount equal
to the fence estimate approved by the parties, such funds to be used for
landscaping in the Ashbrooke common area.
b. Additionally, six evergreen trees (a variety of to be chosen by Petitioner of
Norway Spruce, White Spruce, White Fir, or Eastern Red Cedar, at agreed
upon locations where existing foliage is most sparse), shall be paid for and
planted by Petitioner to screen the homeowners whose rear yard abut
Petitioner's northern most retention pond east of Commerce Drive.
5.
Regarding the Spring Arbor neighborhood, in addition to the Landscape Plan as
submitted, Petitioner and the Spring Arbor Board have agreed that Petitioner will
fund additional landscaping at the perimeter of the detention area abutting Spring
Arbor. Specifically, Petitioner will plant a variety of tree species chosn from
Norway Spruce, White Spruce, White Fir, or Eastern Red Cedar. Thirty-two such
trees will be planted on the Petitioner's detention area abutting Spring Arbor
where existing foliage is the most sparse in consultation with the Spring Arbor
Board at the time of planting. Additionally, with the remaining funds as agreed,
additional trees of the same species will be purchased by Petitioner to be planted
within the Spring Arbor common area abutting the detention area of the project.
The size, number and responsibility for planting will be determined by
maximizing the value in consultation with Spring Arbor Board.
6.
Regarding the North Augusta neighborhood, Petitioner will plant the plantings
indicated on Landscape Plan with the focus being on construction of a consistent
and material landscape buffer and screening between the proj ect and North
Augusta.
7.
Petitioner agrees that, in consideration of the Plan Commission recommending to
the Board of Zoning Appeals that a variance of the requirement restricting access
to Michigan Road be granted, the curb cut connecting 99th Street to Michigan
Road will not be opened until site plan approval of Block G is obtained from the
Commission. Until the curb cut between 99th Street and Michigan Road is open,
Petitioner's sole access to Michigan Road be limited to a right in fright out curb
cut as shown on the site plan. Additionally, Petitioner will dedicate all necessary
right-of-way relative to 99th Street and a portion of Commerce Drive extension
consistent with the Memorandum of Understanding between Petitioner, and it will
work with INDOT on Michigan Road design in accordance with its requirements.
8.
These commitments are binding on the owner of the real estate and each
subsequent owner of the real estate and persons acquiring interest in the real
estate following approval of the pending applications unless the commitments are
modified or terminated by the governmental authority authorized to make such
modification.
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