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August 9, 2001
Carmel City Council
Annexation and Land Use Committee
Attn: Wayne Wilson, Chairman
RE: Pending CMC (Z- 363 -01) and CH Land (7- 364 -01) rezone petitions
Dear Councilor Wilson:
This letter is in response to comments and concerns raised regarding the above referenced
petitions. The Department Report to the Carmel/Clay Plan Commission on June 19 (see 1st
attachment) indicates that it was the intent of the Department to make the City Council aware of
concerns regarding the nexus between the DePauw parcel and the granting of the rezone for the
CMC and CH Land petitions. This intent was forwarded in the form of the Certification of Plan
Commission's Recommendation (see 2nd attachment).
It appears that all of the pertinent information regarding this request has not been forwarded to
the City Council members. In order to clear up any confusion the Department would like to see
the following addressed/considered to the satisfaction of the City Council prior to action on the
two rezone requests:
1. That the applicant dedicates or will dedicate right -of -way pursuant to the
Thoroughfare Plan along both Meridian Comers Boulevard and 131st Street.
2. That the applicant provided sufficient evidence that they commit to file ADLS for CH
Land property (see 3rd attachment). The attachment is an unsigned copy.
3. That the applicant provided sufficient evidence that they will construct access onto
Meridian Comers Boulevard in accordance with the plan proposed by the City
Engineer (see 3rd attachment). The attachment is an unsigned copy.
4. That the applicant submit documentation whereby DePauw would agree to reserve the
property covered under Docket Number 188 -00 Z for future State Highway
Improvements (see letter dated June 21, 2001, from the DePauw attorney, the 4th
attachment and the 5th attachment which it is our understanding is a work in progress,
also unsigned).
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Page 1
CARMEL, INDIANA 46032 317/571 -2417
Copies of this transmittal will be provided to members of the Land Use and Annexation
Committee this afternoon as well as Mr. Coots. I will also copy John Molitor. This is
information the Department feels is necessary for review by the City Council in making any
decision regarding the proposed rezone. The Department recommends that the rezones be
approved subject to the following:
1. Dedication of right -of -way pursuant to the thoroughfare plan.
Along Meridian Corners Boulevard there exists a 90 -foot wide right -of -way. The
Ordinance requires a 120 -foot wide right -of -way. We would request the City Council
approve the rezone requests subject to the dedication of an additional 15 feet of right -of-
way along the full extent of the DePauw parent tract and the CH Land tract as identified
in the Thoroughfare Plan. In fairness to the petitioner the Plan Commission did not
address this issue. However, Staff had discussed the issue with the petitioner. At this
time we feel it is necessary and the Council has the authority to request it under the
existing Thoroughfare Plan.
In addition, the Department will require additional right -of -way to be dedicated on the
site along 131st Street when the applicant submits a Development Plan Application for
that site. As an alternative, the City Council may desire that the applicant commit to
dedicate the subject right -of -way for 131St Street as part of the rezone. Whichever the
case, the Department would recommend requiring a legal description as well as a general
survey of the area to be dedicated. This description should then be reviewed by the City
Engineer to confirm its accuracy.
2. Commitment to file ADLS for CH Land Property
The applicant has submitted a draft of a covenant agreeing to ADLS for the CH Land
parcel. However, we do hot have a signed copy of the covenant. A recorded copy of this
covenant should be presented in commitment form by the applicant prior to action on the
rezone by the City Council.
3. Construction of entrance onto Meridian Corners Boulevard
The applicant has submitted a draft of a covenant agreeing to construct the improvements
as proposed (see 1St attachment, third page) subject to final approval by the City Engineer.
However, we do hot have a signed copy of the covenant. A recorded copy of this
covenant should be presented in commitment form by the applicant prior to action on the
rezone by the City Council.
4. Execution of the document prepared by John Molitor (see 5th attachment)
This document concerns the reservation of the real estate described under the application
filed under Docket Number 188 -00 Z (the area of land required to be reserved for
Pending State Highway Improvements). The fourth attachment to this letter is from the
attorney representing DePauw and is the basis for the drafting of the commitment. It is
the understanding of the Department that this document is a work in progress. A
recorded copy of this document, once completed, should be presented by the applicant
prior to action on the rezone by the City Council.
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CAR EL, INDIANA 46032 317/571 -2417
If you have any questions or if I may be of assistance please do not hesitate to call. For your
convenience I will attend the Annexation and Land Use Committee Meeting on August 9th at 7
p.m.
Sincerely,
Jon C. Dobosiewicz
Planning Administrator
C: Carmel City Council Land Use Committee Members
E. Davis Coots, Esq.
John Molitor, Esq.
File: 186 -00 Z, 187 -00 Z, 188 -00 Z
DePauwRezone -1 .rtf
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CARMEL, INDIANA 46032 317/571 -2417
June 19, 2001
Carmel/Clay Plan Commission Agenda
CARMEL /CLAY PLAN COMMISSION
June 19, 2001- DEPARTMENT REPORT
2i. Docket No. 186-00 Z; DePauw Rezone
Petitioner seeks favorable recommendation of a rezone from the S -2 /residence district to the
B5/business district on 1.87± acres. The site is located northwest of West 131St Street and
North Meridian Street. The site is zoned S -2 /residence.
Filed. by E. Davis Coots of Coots Henke & Wheeler for CH Land LLC.
3i. Docket No. 187 -00 Z; DePauw Rezone
Petitioner seeks favorable recommendation of a rezone from the S -2 /residence district to the
B- 5/business district on 9.42± acres. The site is located northwest of West 131St Street and
North Meridian Street. The site is zoned S -2 /residence within the US 31/Meridian Street
Overlay Zone.
Filed by E. Davis Coots of Coots Henke & Wheeler for CMC Properties, Inc.
The Special Studies committee voted 5 -2 to recommend approval of the Rezone applications of
CMC and CH Land to the full Plan Commission. However, the DePauw petition remains tabled.
The recommendation came back to the Plan Commission with conditions that the applicant
construct the entrance in accordance with the rendering prepared by the City Engineer and that as
before the applicant would be committing to the filing of future ADLS petitions on both tracts.
Please find attached a copy of the intersection layout explored with the City Engineer.
It is based on this "understanding" that the Department recommends that the Plan
Commission forward the CMC and CH Land petitions (187 -00 Z and 186 -00 Z
respectively) on to the City Council. However, the Department would like to see language
regarding the intersection improvements and understanding as well as the future commitment to
ADLS addressed in the form of a commitment or preferably contained within the rezone
ordinance itself. The Plan Commission should remember that their capacity in this matter is in
forwarding a recommendation to the City Council. The applicant should be prepared to offer this
information to the Commission Tuesday evening. The Depaituient would like to see this
information prior to the meeting and have advised the petitioner of this..
In addition the Department will make the Council aware our concerns regarding the nexus
between the DePauw parcel and the granting of the rezone for the CMC petition. DePauw is the
owner of the parent tract of real estate for both petitions. Ultimately this request will be in front
to the City Council and the Department needs to see that they have all of the available
information concerning the petitions including the recommendation from the Plan Commission.
ONE CIVIC SQUARE
Page 6
CARMEL, INDIANA 46032 317/571 -2417
Coots
Henke
Wheeler
',ATTORNEYSATLAW P..C:
E. DAVIS COOTS*
STEVEN H. HENKE
JAMES K. WHEELER*
T. JAY CURTS
JAMES D. CRUM
JEFFREY S. ZIPES •
ELIZABETH I. VAN TASSEL
JANICE R MANDLA*
MATTHEW L. HINKLE
SENCHOR A. IvIANNS
J. KATHRYN JENKINS
DANIEL E. CooTs
*CERTIFIED MEDLITOR
255 East Carmel Drive
Carmel, Indiana 46032 -2689
317 -844 -4693
FAX: 317 - 573 -5385
Jon Dobosiewicz
Department of Community Services
One Civil. Square
Carmel, IN 46032
June 6, 2001
RE: CMC Properties LLC
Our File No.: 13291
Dear Jon:
This letter is to confine the action of the Special Study Committee of the
Plan Commission approving the rezone application filed on behalf of CH Land,
LLC and CMC Properties, LLC referring those two (2) applications to the Plan
Commission with a positive recommendation. The approval by the committee was
conditioned upon the development including the entrance to the property. from
Meridian Corners Boulevard as depicted in the drawing prepared by Kate Weiss, a
copy attached to this letter.
We would ask that this matter be presented to the full Plan Comrnissiori for
vote on the rezone applications at the June 19, 2001 meeting.
EDC:wlt
Enclosure
cc: Leo Diercicman
Craig Kaiser
Greg Land
Very truly yours,
• COOTS, HENKE & WHEELER, P.C.,
E. Davis Coots
CERTIFICATION OF PLAN COMMISSION'S
RECOMMENDATION ON ORDINANCE TO CHANGE
THE OFFICIAL ZONING MAP FOR THE
CITY OF CARMEL AND
CLAY TOWNSHIP
PURSUANT TO INDIANA CODE
36 -7 -4 -605
ORDINANCE No. Z. -- 3 Lc 3
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on the application of
CH Land LLC, and CMC Properties, Inc., copy attached, petitioning the Commission to
rezone the following real estate located in Hamilton County, Indiana, to -wit:
approximately 1.88 acres located northwest of West 131st Street
and North Meridian Street; and 9.42 acres located northwest of
West 131St Street and North Meridian Street, more particularly
described in the attached exhibit made a part hereof,
from Zone Classification S- 2/Residence district to the B- 5/Business District.
The Carmel /Clay Plan Commission's recommendation on the petition of the applicant is
FAVORABLE, with the following footnote: Look carefully at the third parcel where
there are plans for roadway improvements, currently on the City's Thoroughfare Plan,
and the peititoner should be asked for a period of time to put the third parcel in abeyance
for any development until the City and State have had an opportunity to finish
preliminary planning and environmental study."
At its regularly scheduled meeting of June 19, 2001, the Carmel/Clay Plan Commission
approved the requested Rezone by a vote of 12 in favor, Leo Dierckman opposed, Pat
Rice, no vote (out of the room when vote was taken).
CARMEL /CLAY PLAN COMMISSION
mona Hancock, Secretary
DATED: June 29, 2001
arilyn Anderson, Pr-sident
CERTIFICATION OF PLAN COMIVIISSION'S
RECOMMENDATION ON ORDINANCE TO CHANGE
THE OFFICIAL ZONING MAP FOR 'I'IIE
CITY OF CARMEL AND
CLAY TOWNSHIP
PURSUANT TO INDIANA CODE
36 -7 -4 -605
ORDINANCE No. 3 U 9-.
To: The Honorable Common Council
of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Plan Commission offers you the following report on the application of
CH Land LLC, and CMC Properties, Inc., copy attached, petitioning the Commission to
rezone the following real estate located in Hamilton County, Indiana, to -wit:
approximately 1.88 acres located northwest of West 131x` Street
and North Meridian Street; and 9.42 acres located northwest of
West 131x` Street and North Meridian Street, more particularly
described in the attached exhibit made a part hereof,
from Zone Classification S- 2/Residence district to the B-5/Business District.
The Carmel /Clay Plan Commission's recommendation on the petition of the applicant is
FAVORABLE, with the following footnote: "Look carefully at the third parcel where
there are plans for roadway improvements, currently on the City's Thoroughfare Plan,
and the peititoner should be asked for a period of time to put the third parcel in abeyance
for any development until the City and State have had an opportunity to finish
preliminary planning and environmental study."
At its regularly scheduled meeting of June 19, 2001, the Carmel /Clay Plan Commission
approved the requested Rezone by a vote of 12 in favor, Leo Dierckman opposed, Pat
Rice, no vote (out of the room when vote was taken).
CARMEL /CLAY PLAN COMMISSION
among ancock, Secretary
DATED: June 29, 2001
-
Marilyn Ander.o , President
RECEIVED
•
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CARMEL CLERK
TREASURER
AUG -09 -2001 THU 10:28 AM COOTS HENKE & WHEELER
FAX NO. 3175735385
COVENANT ATTENDANT
REZONING ORDINANCE
P. 06
Z- 363 - CM; Cr, c
CMC Properties covenants with the City of Carmel and the Carmel Clay Plan
Commission that prior to improvements being constructed on the real estate described in Exhibit
A attached hereto, the ingress and egress to the property shall be in conformity with plans
approved by the Carmel City Engineer and in substantial conformity with the design attached
hereto as Exhibit B. Following the construction of Meridian Corners Boulevard (Illinois Street),
the design of the ingress and egress may be changed by the City to be placed in alignment with
the entrance to "The Parks" subdivision at covenator's expense.
This covenant is conditioned upon passage by the Common Council of the City of
Carmel of the rezone application pending changing the zone classification of the described
property from the S -2 residential district classification to the B -5 district classification.
IN WITNESS whereof the foregoing covenant has been executed this day of
, 2001.
CMC Properties
By:
STATE OF INDIANA )
)ss:
COUNTY OF HAMILTON )
SUBSCRIBED AND SWORN to before me, Notary Public in and for said County and
Slate this day of June, 2001.
My commission expires:
My County of Residence:
R:\EDC\cmcprd.wpd13291
Notary Public
Printed
AUG -09 -2001 THU 10:29 AM COOTS HENKE & WHEELER
FAX NO. 3175735385 P. 11
COVENANT ATTENDANT
REZONING ORDINANCE
CH Land LLC covenants with the City of Carmel and the Carmel Clay Plan Commission
that prior to improvements being constructed on the real estate described in Exhibit A attached
hereto, Plan Commission approval of the architectural design, lighting, and signing pursuant to
the U.S. Highway 31 Overlay Zone (Carmel Zoning Ordianance 23B.01 et seq) shall be obtained
and adhered to by covenator.
This covenant is conditioned upon passage by the Common Council of the City of
Carmel of the rezone application pending changing the zone classification of the described
property from the S -2 residential district classification to the B -5 district classification.
IN WITNESS whereof the foregoing covenant has been executed this day of
, 2001.
CH LAND LLC
By:
STATE OF INDIANA )
)ss:
COUNTY OF HAMILTON )
SUBSCRIBED AND SWORN to before me, Notary Public in and for said County and
State this day of June, 2001.
My commission expires:
My County of Residence:
12:\CUC \chlandd.wpd 13664
Notary Public
Printed
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June 21, 2001
Via Facsimile (317) 843 -5514
John Molitor, Esq.
Molitor & Grisham, P.A.
11711 North Meridian Street, Suite 200
Cannel, IN 46032
Re: Carmel/Clay Plan Commission - DePauw Rezoning Petitions -
Docket Nos. 186 -OOZ; 187 -OOZ; and 188 -OOZ
Dear Mr. Molitor:
This will confirm my voice mail message to you of June 20 in which T
informed you that DePauw University is agreeable to the proposal which you
advanced at our meeting of April 27 to resolve the above - referenced rezoning
petitions.
As DePauw understands your proposal, DePauw would agree to reserve, for
a period of up to six (6) years, the approximately 10.02 acres of property covered by
Rezoning Docket No. 188 -00Z (the "Reserved Property "). DePauw understands that
this reservation would prohibit any development of the Reserved Property during the
six (6) year period, would be without compensation to DePauw and is necessary for
the planning of future road development by the City of Carmel and/or the State of
Indiana
It is also DePauw's understanding that this reservation will not become
effective until the following events take place: (i) the properties under contract with
CMC Properties and which are currently pending as Rezoning Docket Nos. 186 -002
and 187 -OOZ (the "Development Properties ") are rezoned to the B -5 business district;
(ii) the Reserved Property is rezoned to the B -5 business district; and (iii) the
Development Properties would receive ADLS approval and all other approvals
necessary to permit the intended development of the Development Properties by
CMC Properties and to allow the closing of the sale from DePauw to CMC of the
Development Properties.
1 V1 .L J. J. 1.J {•a Vi1t-lL a..
MclIALE
WELC
VVi\ u InvLLV1•
John Molitor, Esq.
June 21, 2001
Page 2
As I also indicated in my voice mail message, please forward the
documentation which memorializes this agreement to E. Davis Coots, DePauw's
zoning counsel, for review and comment. Mr. Coots has full authority from DePauw
to negotiate and enter into any agreement on DePauw's behalf with respect to the
above- referenced reservation.
Thank you for your attention to this matter. PIease give me a call ifyou have
any questions.
Very truly yours,
7M. Zafit/aiA..„
William M. Braman
WMB/bb
cc: E. Davis Coots, Esq_ (via facsimile)
Greg Land, Esq. (via facsimile)
Mr. Craig Kaiser (via facsimile)
Mr. Richard Speller (via facsimile)
J. Peter Miller, Esq.
256808
AUG -09 -2001 THU 10:29 AM COOTS HENKE & WHEELER
FAX N0. 3175735385 P. 12
Commitments Concerning the Use and
Development of Real Estate
STATE OF INDIANA )
) SS:
COUNTY OF )
Pursuant to IC §36 -7 -4 -615 and §31.6 of the Zoning Ordinance of the City of Carmel, Indiana,
DePauw University (hereinafter, "DePauw ") makes the following Commitments to the Carmel
Common Council (hereinafter, the "Council ").
Description of Real Estate:
[SEE ATTACHMENT - LEGAL DESCRIPTION OF PROPERTY]
Statement of Commitments:
1. DePauw acknowledges that the State of Indiana Department of
Transportation (InDOT) is currently conducting an environmental
assessment concerning possible future improvements to U.S.
Highway 31 in Carmel and Westfield, Indiana, but that InDOT
does not expect to issue a final Environmental Impact Statement
pursuant to this assessment until 2003. DePauw further
acknowledges that the City of Carmel's Thoroughfare Plan, which
while not binding must be given due consideration by InDOT, calls
for a highway interchange to be constructed on or around the
subject Real Estate, and that this proposed interchange will in all
likelihood necessitate that all of the subject Real Estate be
eventually taken by InDOT.
2. DePauw commits that any Development Plan that it submits to the
Carmel Clay Plan Commission, pursuant to the Carmel Clay
Zoning Ordinance, will reserve for acquisition by InDOT all of the
subject Real Estate described above.
AUG -09 -2001 THU 10:30 tN C00TS HENKE & WHEELER
FAX NO. 3175735385 P. 13
3. Whenever DePauw believes that the reservation of the subject Real
Estate pursuant to Paragraph 2 above would result in the loss of all
reasonable and beneficial use of or return from the subject Real
Estate, then DePauw commits that it shall, before filing an inverse
condemnation claim or any other action against the City of Carmel
or the Council on account of such loss, request from InDOT a
hardship acquisition.or protective purchase of the subject Real
Estate, pursuant to 23 CFR §710.503.
4. These commitments shall expire six (6) years from the date of
execution of this cominitment.
or on the date that
InDOT issues a final Environmental Impact Statement showing
that the subject Real Estate will not be taken by InDOT, whichever
is earlier.
Binding Effect:
These Commitments are binding on DePauw, each subsequent owner of the Real Estate, and
each person acquiring an interest in the Real Estate, unless modified or terminated by a decision
o f the Carmel Clay Plan Commission or its successor made at a public hearing after notice of the
hearing has been given under its rules of procedure, or unless the Real Estate is rezoned to a
different zoning classification.
Recording:
The undersigned authorizes the Director of the Department of Community Services to record
these Commitments in the Office of the Recorder of Hamilton County, Indiana.
Enforcement:
DePauw hereby agrees to comply with these Commitments, and acknowledges that, should it fail
to comply with these Commitments, then the Council's approval of the rezoning of the Real
Estate to the B -5 Business District, in connection with which these Commitments have been
AUG -09 -2001 THU 10 :30 AM COOTS HENKE & WHEELER
FAX NO. 3175735385 P. 14
requested, shall be null and void.
These Commitments may be enforced by the Council or by the Director of the Department of
Community Services of the City of Carmel, Indiana.
IN WITNESS WHEREOF, DePauw has executed these Commitments this day of
, 200_
DePAUW UNIVERSITY
By:
Printed
Title
AUG -09 -2001 THU 10:30 AM COOTS HENKE & WHEELER
STATE OF INDIANA )
COUNTY OF )
FAX NO, 3175735385 P. 15
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared , who acknowledged the execution of the
foregoing Commitments on behalf of DePauw University.
WITNESS my hand and Notarial Seal this day of , 20
Signed:
Printed:
Notary Public
My Commission Expires: My County of Residence is:
This instrument was prepared by John R. Molitor, Attorney for Law, 11711 N. Meridian St.,
Suite 200, Carmel, Indiana 46032.
R: \EDC \depaua.wpd 13683
AUG -09 -2001 THU 10:30 AM COOTS HENKE & WHEELER
FAX N0. 3175735385 P. 16
ZONING DESCRIPTION
A part of Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Second Principal Meridian, Clay Township, Hamilton County, Indiana, being
more particularly described as follows:
COMMENCING at the Southeast Corner of the Northwest Quarter of said
Section 26; thence on an assumed bearing of South 88 degrees 29 minutes 07
seconds West along the south line of said Northwest a distance of 1125.87 to
the POINT OF BEGINNING; thence continuing South 88 degrees 29 minutes
07 seconds West a distance of 243.05 feet; thence North 01 degrees 30
minutes 53 seconds West a distance of 45.00 feet to the southeast corner of
Lot 2 of The Parks at Springmill recorded in Plat cabinet 2, Slide 341 in the
Office of the Recorder of Hamilton County, Indiana, said point also being a
point on a non - tangent curve to the right, the radius point of which bears
South 75 degrees 38 minutes 30 seconds East a distance of 3036.83 feet;
thence northeasterly along said curve and along the east line of said plat and
along the southeasterly line of land described in Instrument Number 94-
13389, concentric with the northwesterly right-of-way line of U. S. Highway
31 (North Meridian Street), I. S. H. C. Project S. T. F. 222(9) 1973, an arc
distance of 973.49 feet to a point which bears North 57 degrees 16 minutes 30
seconds West from said radius point; thence North 48 degrees 11 minutes 06 seconds
East a distance of 1.73 feet to a point on the southeasterly right of way line of
Meridian Corners Boulevard as per plat recorded in Plat Cabinet 1, Slide 488 in said
Recorder's Office; thence continuing along said right of way line North 48 degrees
11 minutes 06 seconds East a distance of 125.88 feet to a curve to the right having a
radius of 455.00 feet; the radius point of which bears South 41 degrees 48 minutes 54
seconds East (the next two courses are along said right of way); (1) thence
northeasterly along said right of way line and curve an arc distance of 142.30 feet to a
point which bears North 23 degrees 53 minutes 46 seconds West from said radius
point; (2) thence North 66 degrees 06 minutes 14 seconds East a distance of 830.21
feet to the east line of the said Northwest Quarter; thence South 00 degrees 22
minutes 50 seconds East along said East line a distance of 248.57 feet to the said
northwesterly right -of -way line of U.S. Highway 31 said right of way line being a
non- tangent curve to the left, the radius point of which bears South 40 degrees 24
minutes 40 seconds East a distance of 2436.83 feet; thence southwesterly along said
right -of -way line and curve an arc distance of 1283.37 feet to a point which bears
North 70 degrees 35 minutes 10 seconds West from said radius point; thence South
80 degrees 56 minutes 59 seconds West along said right of way line a distance of
380.20 feet; thence South 51 degrees 59 minutes 02 seconds West along said right of
way line a distance of 31.10 feet; thence South 01 degree 30 minutes 53 seconds East
a distance of 16.50 feet to the POINT OF BEGINNING, containing 19.44 acres,
more or less.
Iy
AUG -09 -2001 THU 10:31 AM COOTS HENKE & WHEELER
FAX NO, 3175735385 P. 17
EXCLUDING THE FOLLOWING DESCR113ED REAL ESTATE
A part of Northwest Quarter of Section 26, Township 18 North, Range 3 East,
Second Principal Meridian, Clay Township, Hamilton County, Indiana, being more
particularly described as follows:
Commencing at the southeast corner of the Northwest Quarter of said Section 26;
thence on an assumed bearing of South 88 degrees 29 minutes 07 seconds West
along the south line of said Northwest Quarter a distance of 11 25.87 to the point of
beginning; thence continuing South 88 degrees 29 minutes 07 seconds West a
distance of 243.05 feet; thence North 01 degrees 30 minutes 53 seconds West a
distance of 45.00 feet to the southeast corner of Lot 2 of The Parks at Springmill
recorded in Plat cabinet 2, Slide 341 in the Office of the Recorder of Hamilton
County, Indiana, said point also being, a point on anon- tangent curve to the right, the
radius point of which bears South 75 degrees 38 minutes 30 seconds East a distance
of 3036.83 feet; thence northeasterly along said curve and along the east line of said
plat and along the southeasterly line of land described in Instrument Number 94-
13389, concentric with the northwesterly right -of -way line of U. S. Highway 31
(North Meridian Street), I. S. H. C. Project S. T. F. 222(9) 1973, an arc distance of
831.86 feet to a point which bears North 59 degrees 56 minutes 49 seconds West
from said radius point; thence South 61 degrees 53 minutes 05 seconds East a
distance of 600.43 feet to the said northwesterly right -of -way line of U. S. Highway
31 said right of way line being a non - tangent curve to the left, the radius point of
which bears South 59 degrees 28 minutes 10 seconds East a distance of 2436.83 feet;
thence southwesterly along said right -of -way line and curve an arc distance of 472.80
feet to a point which bears North 70 degrees 35 minutes 10 seconds West from said
radius point; thence South 80 degrees 56 minutes 59 seconds West along said right of
way line a distance of 380.20 feet; thence South 51 degrees 59 minutes 02 seconds
West along said right of way line a distance of 31.10 feet; thence South 01 degree 30
minutes 53 seconds East a distance of 16.50 feet to the beginning point, containing
9.42 acres, more or less.
M: \Ede \dcpauwa.wpd 13683