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HomeMy WebLinkAboutApplicationsDonahue -Wold, Alexia K From: Sent: To: Cc: Subject: Donahue -Wold, Alexia K Wednesday, April 30, 2014 11.47 AM Barnes, David R; Blanchard, Jim E; Conn, Angelina V; Duncan, Gary R; Haney, Douglas C; Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M; Thomas, John G; Tingley, Connie S Perry, Nichole; zeff.weiss @icemiller.com; jason.mcniel @icemiller com RE: Docket No. Assignment: (V) Meridian Plaza I ( #14040006 -13 & 14040058 V) All: The revised docket no. assignment email is below (and changes are in orange) to reflect the addition of 1 development standards variance. - Alexia Donahue Wold, Planning Administrator From: Donahue -Wold, Alexia K Sent: Wednesday, April 30, 2014 9:48 AM To: Barnes, David R; Blanchard, Jim E; Conn, Angelina V; Donahue -Wold, Alexia K; Duncan, Gary R; Haney, Douglas C; Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Stewart, Lisa M; Thomas, John G; Tingley, Connie S Cc: Perry, Nichole; zeff.weiss @icemiller.com; jason.mcniel @icemiller.com Subject: Docket No. Assignment: (V) Meridian Plaza I ( #14040006 -13 V) I have issued the necessary Docket Numbers for (V) Meridian Plaza I. They are the following: (V) Meridian Plaza I The applicant seeks the following development standards variances for an existing office building: Docket No. 14040006 V ZO CH 23B.08.01.C(1): PORTION Docket No. 14040007 V ZO CH 27.02.03: REQUESTED Docket No. 14040008 V ZO CH 27.02.03: REQUESTED ALONG 106TH STREET. Docket No. 14040009 V Docket No. 14040010 V Docket No. 14040011 V Docket No. 14040012 V REQUESTED ZO CH 27.08: ZO CH 33.05.A(5): ZO CH 33.06.C(1): ZO CH 33.05.A(5): 90 FT BUILD TO LINE ALONG US 31, 87.6 FT REQUESTED FOR A NO PARKING IN GREENBELT, PARKING IN 30 FT GREENBELT NO PARKING IN BUFFERYARDS. PARKING IN BUFFERYARD MIN 273 PARKING SPACES,243 SPACES REQUESTED 15 FT MIN BUFFERYARD ALONG 106TH STREET, 0 FT REQUESTED MIN 30FT GREENBELT ALONG US 31, 0 to 4.9 FT REQUESTED MIN 15 FT BUFFERYARD ALONG PENNSYLVANIA, 5.3 TO 14 FT Docket No. 14040013 V ZO CH 33.05.A(5): MIN 5 FT BUFFERYARD ALONG SOUTH, 0 FT REQUESTED Docket No. 14040058 V ZO CH 23B.12.A: NO PARKING BETWEEN US 31 & THE BUILD TO LINE The site is located at 10585 North Meridian Street. The site is zoned B -5 within the US 31 Overlay Zone. Filed by Zeff Weiss and Jason McNiel with Ice Miller on behalf of the owners. Zeff can be contacted at (317) 236 -2319, or at zeff. weissPicemiller.com and Jason can be contacted at 317 - 236 -2300 or at Jason. mcniel (a1icemiller. com. Filing Fees: Docket No. 14040012 V Docket No. 14040013 V Docket No. 14040058 V i $1226.50 (1S` Variance, not affected by US 31 ROW acquisition) $579.00 (each additional Variance, not affected by US 31 ROW acquisition) $579.00 (each additional Variance, not affected by US 31 ROW acquisition) 1 Docket No. 14040006 -11 $1923.00 (6 variances charged at the Hearing Officer rate ($320.50 /variance). Variances due to US 31 right-of-way acquisition) Total Fee $4,307.50 Filing Dates & Deadlines. Petitioner, please note the following: 1. This item does not need to be on a meeting agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than May 2, 2014. Published notice is required within the Noblesville Times. Get the public notice ad to the Times by 11:00a.m., two days prior to the public notice deadline, in order for them to publish it on time (765- 365 -2316 or legals @thetimes24- 7.com). Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see application). Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM and the location reads City Hall, Council Chambers. 3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON Friday, May 16, 2014. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition. 4. The Proof of Notice will need to be received by this Department no later than noon, Friday, May 23, 2014. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This Item will appear on the TUESDAY. May 27, 2014 agenda of the Board of Zoning Appeals Meeting under Public Hearings at 6:00 pm. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for the petition the night of the meeting for the Board's use (Sheet 10 of the application). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 9). 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled. Please refer to your instruction sheet for more detail. Planning Department's Preliminary Review Comments; petitioner please respond to the following: 1. Please provide a hard copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office. 2. Please make checks payable to the City of Carmel. 3. Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the notice to the Noblesville Times newspaper by 11:00 am, two days prior to the printing,deadline (765- 365 -2316 or legalsPthetimes24- 7.com). 4. Please provide the Proof of Publication email from the Noblesville Times, once you receive it. 5. The notice to the neighbors should be done by certified mail with return receipts. Please provide green signed return receipts from the certified mailings once you receive them. 6. Please provide filled out and notarized Placement of Public Notice Sign affidavit. 7. Please provide the Petitioner's Affidavit of Notice of Public Hearing form (page 8). If you have any questions, please feel free to contact me. Sincerely, Alexia Donahue -Wold Planning Administrator City of Carmel, DOCS One Civic Square Carmel, IN 46032 317.571.2417 awold @carmel.in.gov Please consider the environment before printing this e-mail 2 Donahue -Wold, Alexia K From: Sent: To: Cc: Subject: Donahue -Wold, Alexia K Wednesday, April 30, 2014 9:48 AM Barnes, David R; Blanchard, Jim E, Conn, Angelina V, Donahue -Wold, Alexia K; Duncan, Gary R, Haney, Douglas C, Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue, Martin, Candy; Mindham, Daren, Mishler, Nicholas F; Motz, Lisa, Stewart, Lisa M; Thomas, John G; Tingley, Connie S Perry, Nichole, zeff.weiss @icemiller.com, jason.mcniel @icemiller.com Docket No. Assignment: (V) Meridian Plaza I ( #14040006 -13 V) I have issued the necessary Docket Numbers for (V) Meridian Plaza I. They are the following: (V) Meridian Plaza I The applicant seeks the following development standards variances for an existing office building: Docket No. 14040006 V ZO CH 23B.08.01.C(1): PORTION Docket No. 14040007 V REQUESTED Docket No. 14040008 V REQUESTED ALONG 106TH S Docket No. 14040009 V Docket No. 14040010 V Docket No. 14040011 V Docket No. 14040012 V REQUESTED Docket No. 14040013 V ZO CH 33.05.A(5): MIN 5 FT BUFFERYARD ALONG SOUTH, 0 FT REQUESTED The site is located at 10585 North Meridian Street. The site is zoned B -5 within the US 31 Overlay Zone. Filed by Zeff Weiss and Jason McNiel with Ice Miller on behalf of the owners. ZO CH 27.02.03: ZO CH 27.02.03: TREET. ZO CH 27.08: ZO CH 33.05.A(5): ZO CH 33.06.C(1): ZO CH 33.05.A(5): 90 FT BUILD TO LINE ALONG US 31, 87.6 FT REQUESTED FOR A NO PARKING IN GREENBELT, PARKING IN 30 FT GREENBELT NO PARKING IN BUFFERYARDS. PARKING IN BUFFERYARD MIN 273 PARKING SPACES,243 SPACES REQUESTED 15 FT MIN BUFFERYARD ALONG 106TH STREET, 0 FT REQUESTED MIN 30FT GREENBELT ALONG US 31, 0 to 4.9 FT REQUESTED MIN 15 FT BUFFERYARD ALONG PENNSYLVANIA, 5.3 TO 14 FT Zeff can be contacted at (317) 236 -2319, or at zeff.weiss @icemiller.com and Jason can be contacted at 317 - 236 -2300 or at lason.mcniel@icemiller.com. Filing Fees: Docket No. 14040012 V Docket No. 14040013 V Docket No. 14040006 -11 US 31 right -of -way acquisition) Total Fee $1226.50 (1St Variance, not affected by US 31 ROW acquisition) $579.00 (each additional Variance, not affected by US 31 ROW acquisition) $1923.00 (6 variances charged at the Hearing Officer rate ($320.50 /variance). Variances due to $3,728.50 Filing Dates & Deadlines. Petitioner, please note the following: 1. This item does not need to be on a meeting agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than May 2, 2014. Published notice is required within the Noblesville Times. Get the public notice ad to the Times by 11:00a.m., two days prior to the public notice deadline, in order for them to publish it on time (765- 365 -2316 or Iegals@thetimes24- 7.com). Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see application). Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM and the location reads City Hall, Council Chambers. 3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON Friday, May 16, 2014. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition. 1 4. The Proof of Notice will need to be received by this Department no later than noon, Friday, May 23, 2014. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 5. This Item will appear on the TUESDAY, May 27, 2014 agenda of the Board of Zoning Appeals Meeting under Public Hearings at 6:00 pm. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for the petition the night of the meeting for the Board's use (Sheet 10 of the application). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 9). 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled. Please refer to your instruction sheet for more detail. Planning Department's Preliminary Review Comments; petitioner please respond to the following: 1. Please provide a hard copy of the Official List of Adjacent Property Owners from the Hamilton County Auditor's Office. 2. Please make checks payable to the City of Carmel. 3. Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the notice to the Noblesville Times newspaper by 11:00 am, two days prior to the printing deadline (765- 365 -2316 or legals @thetimes24- 7.com). 4. Please provide the Proof of Publication email from the Noblesville Times, once you receive it. 5. The notice to the neighbors should be done by certified mail with return receipts. Please provide green signed return receipts from the certified mailings once you receive them. 6. Please provide filled out and notarized Placement of Public Notice Sign affidavit. 7. Please provide the Petitioner's Affidavit of Notice of Public Hearing form (page 8). If you have any questions, please feel free to contact me. Sincerely, Alexia Donahue -Wold Planning Administrator City of Carmel, DOCS One Civic Square Carmel, IN 46032 317.571.2417 awold @carmel.in.gov Please consider the environment before printing this e-mail .,. • CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES Single Family (Primary Residence) $309 50 for the first variance, plus $95 00 for each additional.s ction °of,' the ordinance being varied All Other $1,226 50 for the first variance, plus $579 for each additional section of the ordinance being varied Or, Ni e Hearing Officer Option & Fees DOCKET NO 1 L pooh --NS V N3 I�d1 DATE RECEIVED 9IS1 I4 1) Applicant: BASTIAN DEVELOPMENT, LLC, c/o Zeff A. Weiss and Jason McNiel, Attorneys for Petitioner Address c/o Ice Miller LLP, One American Square, Suite 2900, Indianapolis,Indiana 46282 2) Project Name M I el•�1 I\\ ?LA-Z-1, '- Phone Engineer /Architect: Phone Attorney- Zeff A. Weiss and Jason McNiel Phone 317- 236 - 2319/317- 236 -2300 Contact Person Zeff A. Weiss and Jason McNiel Phone 317 - 236 - 2319/317- 236 -2300 Email zeff weiss @icemiller com, jason.mcniel @icemiller com, nichole.perry@icemiller com 3) Applicants Status (Check the appropriate response) X (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other* 4) If Item 3) (c) is checked, please complete the following Owner of the property involved Owner's address. Phone 5) Record of Ownership Deed Book No. /Instrument No 2014004166 Page Purchase date January 23, 2014 6) Common address of the property involved. 10585 North Meridian Street Legal description See attached legal description Tax Map Parcel No 16- 13- 11 -00 -00 -010. 001 7) State explanation of requested Development Standards Variance (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request) Applicant seeks variances of development standards of Chapter 33.06(C)(1) to allow for a reduction in varying widths of the landscaping .r> along U S Highway 31 and of Chapter 33 05(A)(5) to allow for varying widths of bufferyard along 106th Street. Finally, Applicant seeks a variance of development standards of Chapter 27 08 to allow for a reduction in required parking spaces to 243 parking, with a loss of 36 spaces due to the right -of -way taking along U S Highway 31 and 106th Street. 8) State reasons supporting the Development Standards Variance (Additionally, complete the attached question sheet entitled "Findings of Fact - Development Standards Variance ") The variances are needed to permit varying widths of landscaping along U S Highway 31 and 106th Street, solely as a result of the acquisition of additional right -of -way by INDOT The real estate taken does not leave adequate room to comply with the requirements of the Commercial Landscape Development Ordinance The US Highway 31 Overlay Zone was established after the development of the property, therefore resulting in a legally existing non - conforming uses. As a result of the takings, variances are now necessary to allow the existing land, improvements and related areas to conform pursuant to the requested variances. • 9) Present zoning classification of the property 65 /U S Highway 31 Overlay Zone 10) Size of lot/parcel in question 4 9 acres 11) Present use of the property Multi- Tenant Office Building 12) Describe the proposed use of the property Multi- Tenant Office Building 13) Is the property Owner occupied Renter occupied X Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, instrument no , decision rendered and pertinent explanation improvements already exist 15) Has work for which this application is being filed already started? If answer is yes, give details Building Permit Number. n/a Builder' 16) If proposed appeal is granted, when will the work commence? n/a 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? various office tenants NOTE LEGAL NOTICE shall be published in the Noblesville Times a MANDATORY twenty -five (25) days prior to the public hearing date The certified 'Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners (The white receipt should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date ) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed ) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT The applicant understands that docket numbers will no a assigned until all supporting information has been submitted to the Department of Community Service, Applicant Signature (\. Date 3 31 1'I The applicant certifies b suing this application that he /she has been advised that all representations of the Department of Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney Docket No Petitioner. • • CARMEL /CLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT - DEVELOPMENT STANDARDS VARIANCE BASTIAN DEVELOPMENT, LLC 1 The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because The request variances allow for the continued operation of a multi- tenant office building. The use of the subject real estate will remain the same as it has existed from many years, and therefore, the grant of the variances by their very nature will not effect nor be injurious to the public health, safety, morals and general welfare of the community. 2 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because The variances allow for the continued operation of an existing multi- tenant office building, which has existed for many years in this location, with no adverse impact on the adjoining areas. Continuing the same use will have no substantial adverse impact on the use or value of the areas adjacent as the same use will remain intact. Moreover, the surrounding areas are business offices in nature, and the reduction in landscaping and parking will have no impact on these adjacent office buildings, as the parking for Meridian Plaza is self contained 3 The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because The need for the variances arise solely from the takings of the right -of -ways along U.S. Highway 31 and 106th Street by the Indiana Department of Transportation. Changes in the U S Highway 31 Overlay Zone and the right -of -way takings make it impractical to meet the requirements, where inadequate setbacks exists for the required landscaping. The parking variance sought arises from the taking of areas that prior thereto conformed or were legally existing non - conforming uses DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Development Standards Variance Docket No is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof Adopted this day of , 20 CHAIRPERSON, Carmel /Clay Board of Zoning Appeals SECRETARY, Carmel /Clay Board of Zoning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign Page 10 - filename. development standards vanance 2014 rev. 1/2/2013 City Of Carmel Department of Community Services (Planning & Zoning) CONSENT The undersigned, BASTIAN DEVELOPMENT, LLC, an Indiana limited liability company, being the owner of the property commonly known as 10585 Meridian Street, Carmel, Indiana, hereby authorizes Zeff A Weiss and /or Jason A. McNiel of Ice Miller LLP, to file an Application of Development Standards Variance for the aforementioned property with the City of Cannel, Department of Community Services (Planning & Zoning) in order to seek variances sufficient to bring said property into compliance following various takings by the Indiana Department of Transportation relating to the improvement of US 31 North. This consent shall: X Remain in effect until revoked by a wntten statement filed with the Department of Community Services (Planning & Zoning) o Remain in effect until BASTIAN DEVELOPMENT, LLC, an Indiana limited liability company l/) By: Printed Name: ei i('rf • { I i I.2Y'12 y''1 Title. (1, c P-,-eS c'/-) Dated• ,21/v STATE OF I K, (fib' ii1 ) COUNTY OF •)4M \.,ji` ioN; ) Subscribed and sworn to before me, a Notary Public for the State of Indiana, personally appeared jy.}(21,4 , the �f; (,.E. P(si- s)6E,Ail of BASTIAN DEVELOPMENT, LLC, an Indiana limited liability company, who acknowledged the execution of the foregoing Consent Form. Witness my hand and Notary Seal this 16,1* day ofuA 2014. Notary Name Printed. 1...1.:_.1.(1)-) A. L.R(?L J My Commission expires: �til3'i i, 91(') tr I reside in 1 LEIGH A. CROWSON 1 ( Notary Public- Seal 4 State of Indiana 0 1 My Commission Expires Feb 1, 2016 0 1/3504589 1 County, State of Indiana Legal Description PARCEL 1 (ONE MERIDIAN PLAZA) PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 17 NORTH, RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER SECTION; THENCE SOUTH 00 DEGREES 46 MINUTES 30 SECONDS WEST (ASSUMED BEARING) ALONG THE EAST LINE OF THE SAID NORTHWEST QUARTER SECTION 348.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH LINE OF THE SAID NORTHWEST QUARTER SECTION 40.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LOCAL SERVICE ROAD NO. 1, AS SHOWN ON I S.H.C. PLANS FOR PROJECT ST -F- 222(9), SAID RIGHT OF WAY BEING DESCRIBED IN A CONVEYANCE TO THE STATE OF INDIANA IN WARRANTY DEEDS RECORDED IN DEED RECORD 246, PAGES 228 AND 229 AND DEED RECORD 242, PAGES 19 AND 20, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 46 MINUTES 30 SECONDS WEST ALONG SAID RIGHT OF WAY AND PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER SECTION 300 00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER SECTION 444 00 FEET TO A POINT ON THE EASTERLY LIMITED ACCESS RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 31, AS PER AFORESAID I.S.H.C, PLANS AND WARRANTY DEEDS, SAID POINT LIES ON A CURVE HAVING A RADIUS OF 23,063.31 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 87 DEGREES 33 MINUTES 57 SECONDS WEST; THENCE NORTHERLY ALONG SAID CURVE AND RIGHT OF WAY LINE 596.04 FEET TO A POINT IN WHICH BEARS SOUTH 89 DEGREES 02 MINUTES 47 SECONDS EAST FROM SAID RADIUS POINT; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 81 DEGREES 25 MINUTES 39 SECONDS EAST 81.71 FEET TO A POINT WHICH IS 40.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER SECTION; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER SECTION 183 81 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO MARK C. BEESLEY BY WARRANTY DEED RECORDED MAY 28, 1974 IN DEED RECORD 274, PAGES 151 AND 152 IN THE SAID RECORDER'S OFFICE (THE NEXT TWO COURSES ARE ALONG SAID TRACT OF LAND); THENCE SOUTH 00 DEGREES 46 MINUTES 30 SECONDS WEST PARALLEL WITH THE EAST LINE OF THE SAID NORTHWEST QUARTER SECTION 308.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER SECTION 170.00 FEET TO THE POINT OF BEGINNING. 1/3512962.1 EXHIBIT "A" PROJECT 0710215 - CODE- 5303 PARCEL NO 22 Fee Simple with Full Limitation of Access - - -2) Tax ID No 29- 13 -11- 000 - 012'000 -018 Sheet 1 of 4 A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana and being that part of the grantors' land lying within the nght of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit "B ", described as follows: Commencing at the northeast corner of said quarter secnon; thence South 0 degrees 10 minutes 40 seconds West 1,327 70 feet (1,328 00 feet deduced from Instrument 200600066335) along the east Line of said quarter section; thence South 89 degrees 29 minutes 12 seconds West 487 18 feet to the point of beginning of this descnption: thence South 1 degree 25 minutes 50 seconds West 178 88 feet to pomt "22087" on said plat; thence South 1 degree 38 minutes 24 seconds West 407.35 feet to the northeastern boundary of the intersection of U.S_ 31 and 103`d Street, designated as point "22046" on said plat; thence North 37 degrees 52 minutes 44 seconds West 45 48 feet along said boundary to the east boundary of said U S 31, .thence along said boundary Northerly 374.58 feet along an arc to the nght having a radius of 22,763.29 feet and subtended by along chord having a bearing of North 1 degree 58 minutes 29 seconds East and a length of 374.58 feet; thence North 2 degrees 25 mmutes 06 seconds East 175 70 feet along said boundary; thence North 89 degrees 29 minutes 12 seconds East 23.73 feet to the point of beginning and containing 0.358 acres, more or less TOGETHER with the permanent .extinguishment of all nghts and easements of ingress and egress to, from, and across the limited access facility (to be known as U.S 31 and as Project 0700215), to and from the grantors' remaining lands where they abut the above - described real estate This restriction shall be a covenant running with the land and shall be binding on_all successors in trtle._to_ the said abutting lands. __. This descnption was prepared for the Indiana Department of Transportation, by Fred L. Benge, Indiana Registered and Surve r, License Number LS80040408, on the 21 day of 1.,r44 , 2012 1 © • • r :s p t. STATE O. i pC�: • r��`B' �JB; 17 u' tea; ``,y PROJECT CODE. PARCEL NO.. FORM..(WL -2) EXHIBIT "A" 0710215 5303 22A Fee Simple with Partial Limitation of Access Sheet 2 of 4 Tax ID No 29- 13 -11- 000 -011 000 -018 A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana and being that part of the grantors' land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit "B ", described as follows. Commencing at the northeast corner of said quarter section; thence South t degrees 10 minutes 40 seconds West 1,327 70 feet (1,328 00 feet deduced from Instrument 200600066335) along the east line of said quarter section; thence South 89 degrees 29 minutes 12 seconds West 487.18 feet to the point of beginning of this description: thence continuing South 89 degrees 29 minutes 12 seconds West 23.73 feet to the eastern boundary of U.S 31; thence North 2 degrees 25 minutes 06 seconds East 479.69 feet (479 96 feet deduced from Instrument 200600066335) along said boundary; thence along said boundary Northerly 200 70 feet (200.82 feet deduced from Instrument 200600066335) along an arc to the left having a radius of 22,986.05 feet and subtended by a long chord having a bearing of North 2 degrees 20 minutes 54 seconds East and a length of 200.70 feet; thence North 89 degrees 26 minutes 05 seconds East 66.00 feet; thence South 0 degrees 59 minutes 27 seconds West 38 18 feet to point "22055" on said plat; thence North 87 degrees 55 mmutes 08 seconds West 37 00 feet to point "22056" on said plat; thence South 3 degrees 41 minutes 08 seconds West 163 13 feet to point "22091" on said plat; thence South 4 degrees 23 minutes 36 seconds West 205 12 feet to point "22057" on said plat; thence South 1 degree 25 minutes 49 seconds West 276 18 feet to the point of beginning and containing 0.401 acres, more or less. TOGETHER with the permanent extinguishment of all rights and easements of ingress and egress to, from, and across the limited access facility (to be known as U.S 31 in-.a as Project 0710215), to.and from the - &antors' abutting lands, along the 163 13 -foot, the 205.12 -foot and the 276.18 -foot courses described above Also, beginning at the northern end of the 163.13 -foot course described above; thence North 4 degrees 20 minutes 50 seconds East 36.59 feet to the terminus. This restiictron shall be a covenant running with the land and shall be binding on all successors in title to the said abutting lands. s oc 6��zo��a4s's °j-s :,, t e�t�r � ..y'•'r�',r� ®� S "('\STER(7's t(sb?Xds))T7E OF This description was prepared for the Indiana Department of Transportation, by Fred L Benge, Inds Registered Land Surveyo License Number LS80040408, on the %45tdayof .2012 Nn' �+ tb, `•`S Fred L. B- ge EXHIBIT "A" PROJECT 0710215 CODE 5303 PARCEL NO. 22B Fee Simple with Partial Limitation of Access ._. FORM. (WL -2) Tax LD No 29- 13 -11- 000 -010 001 -018 Sheet 3 of 4 A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County; Indiana and bemg that part of the grantors' land lying within the nght of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit `B ", described as follows: Commencing at the northeast corner of said quarter section, thence South 0 degrees 10 minutes 40 seconds West 647.71 feet (648 00 feet deduced from I=nstrument 200600066335) along the east hne of said quarter section; thence South 89 degrees 26 minutes 05 seconds West 418 57 feet to the point of beginning of this description: thence continuing South 89 degrees 26 minutes 05 seconds West 66.00 feet to the eastern boundary of U.S. 31; thence along said boundary NortherLy 596.05 feet along an arc to the left having a radius of 22,986 41 feet and subtended by a long chord having a bearing of North 1 degree 15.minutes 39 seconds East and a length of 596 04 feet to the southern boundary of the intersection of said U.S. 31 and 106th Street; thence North 81 degrees 15 minutes 09 seconds East 81.71 feet along the boundary of said intersection to the south boundary of said 106th Street; thence North 89 degrees 24 minutes 10 seconds East 182.57 feet (183 81 feet deduced from Instrument 200600066335) along said boundary to the northeast corner of said grantors' land, thence South 0 degrees 10 minutes 40 seconds West 64.86 feet along the east line of said grantors' land; thence North 89 degrees 11 minutes 18 seconds West 102 48 feet to point "22062" on said plat; thence South 62 degrees 32 minutes 07 seconds West 111 82 feet to point "22063" on said plat; thence South 0 degrees 59 minutes 27 seconds West 494.67 feet to the point of beginning and containing 1.219 acres, more or less. TOGETHER with the permanent extinguishment of all rights and easements of ingress and egress to, from, and across the limited access facility (to be known as U.S 31 and as Project 0710215), to and from the grantors' abutting lands, along the line described as follows: Beginning at the western end of the eastern 34 86 feet of the 66 00 -foot course described above, thence North 4 degrees 20 minutes 50 seconds East 410.54 feet to point "22067" on said plat; thence North 0 degrees 51 minutes 40 seconds East 90 77 feet to point "22066" on said plat; thence North 62 degrees 23 minutes 29 seconds East 106.21 feet to point "22065" on said plat; thence EXHIBIT "A" PROJECT 0710215 CODE. 5303 PARCEL NO.. 22B Fee Simple with Partial Limitation of Access — FORM. (WL -2) Tax ID No.. 29- 13 -11- 000 - 010.001 -018 - Sheet 4 of 4 North 82 degrees 18 minutes 07 seconds East 16 12 feet to point "22064" on said plat; thence South 89 degrees 11 minutes 22 seconds East 102.55 feet and terminating on the east line of said grantors' land. This restriction shall be a covenant running with the land and shall be binding on all successors m title to the said abutting lands. This description was prepared for the - Indiana Department of Transportation, by Fred L. Benge, Indiana Registered L d Surveyos License Number LS80040408, on the day of rittiq , 2012 0111,Akv.”aae; r,, ,,O ti L. BF" 'J °d i= v. S0408 . e STATE OF 1 EXHIBIT "A" PROJECT. 0710215 CODE. 5303 PARCEL NO.. 22D Temporary Right of Way for Grading F_ORM_(T -3) Sheet 1 of 3 A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows. Commencmg at the northeast corner of said quarter section, thence South 0 degrees 10 minutes 40 seconds West 1,327 70 feet (1,328.00 feet deduced from Instrument 200600066335) along the east line of said quarter section; thence South 89 degrees 29 minutes 12 seconds West 487 18 feet to the point of beginning of this description: thence North 1 degree 25 minutes 49 seconds East 276 18 feet; thence South 57 -degrees 42 minutes 59 seconds East 70.33 feet; thence South 19 degrees 56 minutes 33 seconds East 91 92 feet; thence South 2 degrees 26 minutes 15 seconds West 58.00 feet; thence South 43 degrees 41 minutes 09 seconds East 108.21 feet; thence South 44 degrees 37 minutes 00 seconds West 244.25 feet; thence South 34 degrees 27 minutes 10 seconds East 96 74 feet, thence Southerly 171 98 feet along an arc to the left having a radius of 126.20 feet and subtended by a long chord having a bearing of South 0 degrees 47 minutes 34 seconds East and a length of 158.98 feet; thence South 37 degrees 22 minutes 18 seconds West 94.53 feet; thence South 44 degrees 50 minutes 01 second East 193,45 feet; thence South 1 degree 15 minutes 57 seconds West 21.36 feet to the north boundary of 103rd Street; thence South 89 degrees 16 minutes 32 seconds West 125 93 feet along said boundary to the west boundary of the intersection of said 103rd Street and U.S 31, thence North 0 degrees 29 minutes 45 seconds West 15 11 feet along said boundary to the southwestern boundary of the intersection of said 1.03rd Street and said U S 31, thence North 37 degrees 52 minutes 44 seconds West 39 04 feet along said boundary; thence North 1 degree 38 minutes 24 seconds East 407.35 feet; thence North 1 degree 25 minutes 50 seconds East 178 88 feet to the point of beginning and containing 1 478 acres, more or less. This description was prepared for the Indiana Department of Transportation, by Fred L. Benge, Indiana Registered Land Surve or, Licens Number LS80040408, on the 2-ret day of 2012 �Ease�014:0 Se b6� n '�' � • ` i'� r. v ' 4 • P C:, 4612 9 50408 STFt� of °sue 1Dip'' '.aO3: 4'f 11 li 1A R:6•. Fred L. Benge • • EXHIBIT "A" PROJECT 0710215 CODE 5303 PARCEL NO 22E Temporary Right of Way for Grading FORM - T- -3) - -- - Sheet 2 of 3 A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows; Commencing at the northeast comer of said quarter section, thence South 0 degrees 10 minutes 40 seconds West 647.71 feet (648.00 feet deduced from Instrument 200600066335) along the east line of said quarter section, thence South 89 degrees 26 minutes 05 seconds West 418.57 feet; thence South 0 degrees 59 minutes 27 seconds West 38 18 feet to the point of begimmng of this description. thence South 1 degree 28 minutes 44 seconds East 47 53 feet; thence South 42 degrees 28 minutes 07 seconds East 49 75 feet; thence South 28 degrees 41 minutes-35 seconds West 67.63 feet; thence South 70 degrees 13 minutes 41 seconds West 52.93 feet, thence North 3 degrees 41 minutes 08 seconds East 163 13 feet; thence South 87 degrees 55 minutes 08 seconds East 37 00 feet to the point of beginning and containing 0 189 acres, more or less. This description was prepared for the Indiana Department of Transportation, by Fred L. Benge, Inch Registered Land SurveScgr, License umber LS80040408, on the 2{t" day of , 2012 Fred L. enge Red q isS%'_ PROJECT. CODE. PARCEL NO • —FORM- (T -3) • • EXHIBIT "A" 0710215 5303 22F Temporary Right of Way for Lot Construction Sheet 3 of 3 A part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 0 degrees 10 minutes 40 seconds West 647 71 feet (648.00 feet deduced from Instrument 200600066335) along the east hne of said quarter section; thence South 89 degrees 26 minutes 05 seconds West 418.57 feet; thence North 0 degrees 59 minutes 27 seconds East 456.28 feet to the point of beginning of this description: thence continuing North 0 degrees 59 minutes 27 seconds East 38.38 feet; thence North 62 degrees 32 minutes 07 seconds East 111 82 feet; thence South 89 degrees 11 minutes 18 seconds East 102.48 feet to the east lme of the grantors' land; thence South 0 degrees 10 minutes 40 seconds West 26.53 feet along said line; thence South 89 degrees 25 minutes 42 seconds West 135 10 feet; thence South 0 degrees 34 minutes 23 seconds East 61.00 feet; thence North 89 degrees 40 minutes 53 seconds West 67.78 feet to the point of beginning and containing 0 167 acres, more or less. This description was prepared for the Indiana Department of Transportation, by Fred L. Benge, Indiana Registered Land Surveyo . License Number LS80040408, on the 2.I 2.1f7t day of 3 2012