Loading...
HomeMy WebLinkAboutD-2374-17I Sponsor: Worrell 2 ORDINANCE D-2374-17 3 AN ORDINANCE OF THE COMMON COUNCIL 4 OF THE CITY OF CARMEL, INDIANA 5 VACATING EXCESS PUBLIC RIGHT-OF-WAY NORTHWEST 6 OF THE CARMEL DRIVE AND RANGE LINE ROAD ROUNDABOUT 7 Synopsis: An ordinance vacating a portion of excess Public Right -of -Way in the 8 northwest quadrant of the roundabout at Carmel Drive and Range Line Road in order to 9 facilitate the redevelopment of the abutting property. 10 WHEREAS, the City of Carmel Redevelopment Commission (the "Petitioner"), on 11 behalf of itself and Carmel Development II, LLC (the "Redeveloper"), as owners of certain real 12 property in the northwest quadrant of the roundabout located at Range Line Road and Carmel 13 Drive in Carmel, Indiana, filed a Petition to Vacate Excess Public Right -of -Way with the City of 14 Carmel, Indiana pursuant to Indiana Code §36-7-3-12, which is attached hereto and incorporated 15 herein as Exhibit A, attached hereto and made a part hereof by this reference (the "Petition"); 16 WHEREAS, the portion of public right-of-way to be vacated is located in the northwest 17 quadrant of the roundabout at Carmel Drive and Range Line Road and consists of the unused 18 strips of land shown on Exhibit A-1 to the Petition as Parcel 1, Parcel 2, and part of Parcel 3 (the 19 part not shaded in red) and legally described in Exhibit A-2 to the Petition, which were 20 determined not to be needed for the roundabout improvements (the "Unused Remnants"); 21 WHEREAS, the Redeveloper is redeveloping the real estate abutting Unused Remnant 22 Parcels 1 and 2 (the "Proscenium Project Area") pursuant to a Project Agreement between the 23 Petitioner and the Redeveloper executed in July, 2016 and the Redeveloper has agreed, pursuant 24 to an Agreement Supplementing Proscenium Project Agreement with the Petitioner executed in 25 June, 2017, to acquire and incorporate the Unused Remnants and all of Parcel 3 (including the 26 red shaded area, which is owned by the Petitioner) into the Proscenium Project Area for 27 redevelopment in accordance with the terms and conditions of those agreements (collectively, 28 the "Proscenium Project Agreement"); 29 WHEREAS, vacating the Unused Remnants will facilitate acquisition of rights-of-way 30 needed for the City's planned extensions of Veterans Way and Executive Drive through and 31 across certain land within the Proscenium Project Area as shown on Exhibit B-1 to the Petition 32 and legally described in Exhibit B-2 to the Petition (the "Right -of -Way Area'), pursuant to the 33 terms of the Proscenium Project Agreement, wherein the Petitioner has agreed to cause all of the 34 Unused Remnants and Parcel 3, aggregating approximately 1.093 total acres, to be transferred to 35 the Redeveloper in exchange for the Right -of -Way Area, aggregating approximately 1. 170 total 36 acres, together with other consideration, including the Redeveloper's commitments to add and 37 redevelop all of Parcel 3 and the Unused Remnants and to complete all road improvements in the 38 Right -of -Way Area necessary for Veterans Way and Executive Drive to be accepted into 39 Carmel's public street system, all as part of the overall Proscenium Project and in accordance 40 with the- approved plans. Ordinance D-2374-17 Page One of Two 41 WHEREAS, vacation of the Unused Remnants will facilitate redevelopment of the 42 Proscenium Project Area pursuant to the Proscenium Project Agreement and is consistent with 43 the redevelopment thereof in accordance with Ordinance #Z-571-13 (adopted March 4, 2013); 44 WHEREAS, vacation of the Unused Remnants is in the best interest of the City, 45 provided that the vacation is made subject to the condition that it shall take effect only upon the 46 Redeveloper's conveyance of the Right -of -Way Area to the Petitioner or the City in accordance 47 with the terms and conditions of the Proscenium Project Agreement; 48 WHEREAS, the City of Carmel Board of Public Works and Safety voted to recommend 49 the vacation of the Unused Remnants at its meeting on July 5, 2017; and 50 WHEREAS, pursuant to IC 36-7-3-12(c), a properly noticed public hearing on the 51 proposed vacation of Right -of -Way was held by the Common Council of the City of Carmel, 52 Indiana, on the day of , 2017; 53 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of 54 Carmel, Indiana, as follows: 55 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 56 Section 2. The Unused Remnants shall be vacated subject to the conditions that the 57 vacation shall become effective and ownership of the Unused Remnants shall be transferred to 58 and vested in the Redeveloper only upon, and not before, the closing of the transactions 59 contemplated by the Proscenium Project Agreement whereby (a) the Petitioner conveys its entire 60 right, title and interest in Parcel 3 to the Redeveloper, and (b) the Redeveloper conveys title to 61 the Right -of -Way Area to the Petitioner or the City, all subject to and in accordance with the 62 terms and conditions of the Proscenium Project Agreement. 63 Section 3. This Ordinance shall be in full force and effect from and after its passage and 64 signing by the Mayor and such publication as required by law. 65 Ordinance D-2374-17 Page Two of Two This Ordinance prepared by Rory O'Bryan, Harrison & Moberly, LLP, 760 South Range Line Road, Suite 164, Carmel IN 46032. 66 PASSED by the Common Council of the City of Carmel, Indiana, this 1 dg of 67 2017 by a vote of ayes and f) pays. 68 COMMON COUNCIL FOR THE CITY OF CARMEL 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 H. Bruce Kimball Laura D. Campbell ADDroved by me. Mavor of the Citv of Carmel. Indiana. this / r ' ' day of I 86 87 Xames Brainard, Mayor 88 ATTESX-1-1� n 89 90 Ordinance D-2374-17 Page Two of Two This Ordinance prepared by Rory O'Bryan, Harrison & Moberly, LLP, 760 South Range Line Road, Suite 164, Carmel IN 46032. EXHIBIT A PETITION TO VACATE EXCESS PUBLIC RIGHT-OF-WAY Ordinance D-2374-17 Exhibits ..• .. •• _ -PETITION-TO VACATE" :. :.EXCESS PUBLIC- RIGHT OF WAY-- T the "Pet ner") onbehalf-of •• he City:of Cannel. Redevelopment:Commissiori (, itio, itself and: ..Catme' 1. Development II, LLC (the " Redeyelope'r");, l eirig; the owners• of certain, real property in.. : • : 'the n6fthwest quadrant of the roundabout-located of:Range Eine .Road :and: CarineI:Drive"in Cannel; Iricliana; Hereby petitions: the City:of Cannel::(the"-City"):to vacate certain stiips.'of land:'.'.; "• • Within -the: City's _municipal boundaries. in certain :.unused excess' public :.right-of..way: areas adjaoent.to the east.and south boundaries of the•Abutting landowner's property.the Petitioner'"s property, which:areas.ate identified'on Exhibit A=1:as:Parcel; l•, Parce1-2,andpart:ofParcel-3,(as': -explained-below) and, niori 'particufarly' 4escribed.•in.Exhibit-A-2, which exhibits are-attached. .: hereto :and •incorporated herein (collectively, .the: `.`Unused_ : Remnants");' .subject to. the condition': t1ie. Redevelo er. "shall" cone : certain: other'" ro "e o the Petitioner'or the Ci • .: - P .. Y P P rtY•:t, ty,: all as' ".•- :.describe'd,.below:' In.suppbrt of this Wtition; the. Peti66nef, states:' = Vacating'the: Utibsed-.Reimnants is consistent with the:development of the Proscenium:: :•' Project: iri accoird' with Ordinance •#Z=571-13 a roved March •4 2013 which :' • rezoned.to C-.0Ceriter.Classification six prop rties:riorthwest of e.ihters'o ion . of -Cannel, Drive and •Range Line: Road, • identified as• Parcel..Nos. 16-09-36=00-00-_ - 025.000; ; , 16709-36-00=00-025.01, .--16-09-36-00-00-026-.00.0- . 16-09-3600-00= . . 026:001; 1'6-09-36-00-00-027.000'-arid':16=09-36-00=00-028:.000.: •The'.Redeveloper" now :owns ,those. parcels;: (collectively, the. "Proscenium Project• Area"); with .the:.: he' " "Form Arby'' Site") an exception'-of• the- latter: parcel :(t .. er .,s d Unused. Rerririant Parcels 1:and 2:. • 2.: The:Petitioner. now :owns:.the part of:ttie'.Former:Afby's •.Site. (also part; of Parcel 3) . that-is shaded•iri red.on•the" attache'd.]Exhibit-A=.1 (the "CRC: Parcel"): • The:rest.of the F ornirier Arby'.s Site:was:acquired.by the.'City.and used for.righi-of:way.purposes-for :the" roundabout now located -at'Cannel Drive and.Range Line Road eXce t for the Un Parcel. consisting _ of the unshaded �pai.t of Parcel •3lying. outside.th • - , used�Remnant'part of�Parc • e red .shaded CRC. Parcel on.ihe attached Exhibit'A=11; which •was not "so* :used: and .is of no'furtlier nse:fo the. City:. 3: -Vacation -:of.the 'Unused-: Remnants is (a) consisterif with '.thd Project -Agreement iietween the:Petitioner and the Rede eloper. executed. in July, 20.16, pursuant:to'wliich =the Redeveloper acquired-and:committed to redevelop the Proscenium Project Area.. - - ( Arby's Sit aqs,: term except for the Former e) .in accordance with' the pl sand condition's:.approved in :tliaf• agreement,- and .(b) contemplated 'by: ihe. Project: : Agreement Stipplementirig Proscenium Project,Agreement between the Petitioner and: the•Redevd.Wer executed-in May; 2017-to incorporate, the terms:ofthe Redeveloper's ;successful :offer in response-to the-Petitioner's Request for Proposals for.development' ' of•the• CRC •Parcel, portion. of-the Former Arby's' Site' (collectively; the Proscenium= •" Pro'ect.A ee'ment" 4. The: Unused Remnants consist' of narrow strips of land previously acquired by the: .City but' later, deterriiined not• to:be :needed for right-of-way purposes in. connection : " with construction of ;the'roupdabout:at Carmel Drive and Range "Line Road:. Theii . : narrow. -Width renders them: unsuited : to .any ":public .or- private economic. use or :..:..: : •: _ " purpose; Pts-the..st of maintaining them would exceed any_yalue.they might have to. he -co the City or for gnyuse. other than as part of the Proscenium Project: ' •: :'S: -. Vacation of'the Unused:"Remnants will. #acilitate acquisition :froth the Redeveloper. of rights-bf way needed:: for . the City's planned: extensions 'of : Veteians: Way: and: _ Executive.Drive:on:and:througli:oerEain land within.the.Prosceriium'Project Area as S. : = shown 'oh Exhibit B-1- and: legally .'de' dibed ."in Exhibit 8-2; attached :hereto and :. incorporated.herein (the "Right -of .Way. 6. Vacation: of -the -Unused Remnants is contemplated. liy:the :Proscenium .Pct roje -Agreement; wherein the -Petitioner lias'agreed.'to- cause the Unused'Remnants•and_the - 'CRC :Parcel; aggregating :approximately:1.093 • total :acres, :to be, transferred to the Redeveloper. -in'exchange`for:the-Right=of-Way Area' :aggregating: approximately.' JA 7.0 total acres t' ether: with the Redevelo er's: commitments :to "add -and P p the. CRC Parcel. and the -Unused Remnants: and.to' coml pete a11'road improvementsiii the .Right -of Way. Area: necessary:for Veterans -Way and •Executive Drive.Io •be.- ::.ae mel's'publ em, al1: as -part -of the .ove_ralL Proscenium .. cepted "intoar C . .. is :street :sys"t_ • Project arid.in:accordance witlithe approved:plans:' 7. Vacationnofthe-Unused Remnantsis-in.the .bestInterest of the City;'provided.that:the_ vacation -is . made.' subject :to -the 'condition . that it shall: take :effect onlyupon the Redeveloper's -"conveyance. of:the .Right=bf Way. Area :to"the".CRC 0r-the-.CRC: accordance with the:terms.and:conditions-of the Proscenium Project Agreement. 8. The: names and. addresses -of -owners:-of land:.that: abuts. the AJ- nused' Remnants' -of property proposed. to be -vacated .are set forth' •ori •Exhibit C, attached' hereto and: incorporated herein: - = 9..- Vacating. -the Unused. Remnants will: not make becess to the lands- of ariy person by.. . ::.. means bfpub.. way.difficult or in condenient;.will.not hinder the. growth: or• -orderly. :development. of tlie..unit -or".neighborhood" in which it. is •located or to which: it is contiguous; -will-hot hinder*fhe ulilio's access'to-a: ohurch- -school; or -other ublic " P ,. P building, or'place; and will "not hinder. the'.use'of a pulilic:way by the.neighborhood iri: : :whiWit'.i§ located or -to -which it is contiguous.. Fuirther,Petitioner:states'that.noticeof this-Petition4ndtlie•Bearing:6n-the`vacatioribf the. -- . -. .Unused Remnants•has:beenprovidedpursuant to Ind."Code:§ 36-7-3- :'-Respectfully sub a day of June, .201:7.." rriitt d this • • THE•CI,T.Y OF•CARNIEL..RE •EVELgPMENT ; , : •CO .. " SSION " Witham Hammer, President 3- ' Recommended for Approval this day of .201`7.� CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Ja s Brainard, Presiding Officer Date: Maty Annifrke, Member Date: -7 , <—, Lori S: Wa Iso , ember Date: r! s / ►'J EXHIBIT A-1 AND EXHIBIT A-2 (TO PETITION TO VACATE EXCESS PUBLIC RIGHT-OF-WAY) Illustration and Legal Descriptions of the Unused Remnants [See Attached Pages] Ordinance D-2374-17 Exhibits 0 a - 100. 200 A PARTOF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 18 NORTH LINE OF THE SE 1/4 OF SEC. 36-18-3 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL MERIDIAN, P.0.C' / \ HAMILTON COUNTY, INDIANA MONUMENT W/BRASS CAP FOUND AT THE NE oo . .. . CORNER OF SE 1/4 OF SECTION- 36-18-3 vq PER HCSO CORNER RECORD "NO. '18033606 --;, L" 00 H VP NORT m LINE 174.90' SOUTH & PARALLEL WITH THE NORTH LINE OF THE SE. .1/4.OF SEC. 38-18-3 E n S >v nLn y �A Nm y m (-- N D. mzmU it 03 m to 1 moo. 0,0 N � N PARCEL N0: 16-09-36-06-00-027.666 0 `o STATE" ID NO: 29-09-36-000-027.000-018 ~x J�cZi N 1212RANGELINE:ROAD S, CARMEL,. IN 46032,oa zz o o QUITCLAIM DEED INSTR. NO. 201 302591 3= N m mm T 0 y I Cm . Z o m Wml o of Co I, o N89°09'00"E C I W i PARCEL" 4A PER INSTR. NO. 2016022637A.a LAND CONVEYED. TO CITY OF. CARMEL= i 3 FOR STREET PURPOSES PARCEL 1> o Y I o Z C00 A a IWm �o X 0,01 r. cod -Pto Co .. ... m S89'09'00"W 15.00 D HCSO - HAMILTON COUNTY -'� S89'09 00"W 0 P.O.B. PARCEL. 1 SURVEYOR'S OFFICE 235.00' &PARCEL 3 i P.O.C. - POINT OF COMMENCEMENT S89'09'00"W P.O.B. - POINT OF BEGINNING 45.00' SOO'51'00"E R=50.81' 60.18.'. L=34.47' N78'33'46"E PARCEL:3 CH=33.82' � I 2.77' CHB=S19°17'21"W I PARCEL 4 PER INSTR. N0. 2016022637 E LAND CONVEYED .TO .CITY OF CARMEL S38'03'44°W. o FOR STREET PURPOSES 65.32 z N8 *0 00Q"E R=17:99' �E � o L=6.05' CDCC=6.0 2' �o PARCEL: 2/ N� CHB=S4T4:1'38"W a No o R= 367 59' R=359.67' . S89°09'00'W'M. DRIGINALNORTH R.O.W..LINEM OF CARMEL DRIVE L=49.76'. " L=50.01' o R=380.90' CH=49.72' CH=49.97' 279'73 WEST CARMEL" DRIVE L=41:85' CH13=S70'21'32"W CHB=S63'01'26"W. "PUBLIC RIGHT=OF=WAY CH- 41.83' P.O.B. PARCEL 2-j CHB=,S76'"57'35"W 'o WOOLPERT,.INC. PROJECT No: No: DATE REVISION ILA# 7635 Interactive Way.. 74904 V Suite 100 DATE 10 19 16 ' WOO L P. E' R T Indianapolis, IN 46278 DES. SRK DESIGN I GEOSFATIAL I IWI STRUCNDE - 317.299.7500 DPTK R. FAX: 317.291.5805 CKD. D N A i PARCEL 1 A PART OF THE SOUTHEAST QUARTER OF SECTION 36,:TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL MERIDIAN, IN HAMILTON COUNTY, INDIANA, BEING: PART OF. THE LAND. DESCRIBED IN THE -QUITCLAIM DEED -RECORDED APRIL.26; 2013 IN:THE HAMILTON COUNTY RECORDER'S_ OFFICE PER°INSTRUMENT NUMBER 2013025913, DESCRIBED°AS FOLLOWS: . COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE ALONGTHE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 174.90 FEET TO THE PROLONGED NORTH LINE OF THE LAND DESCRIBED -IN SAID QUIT CLAIM DEED; THENCE CONTINUING ALONG THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00. DEGREES 51 MINUTES 00 -SECONDS _ EAST, A DISTANCE OF 483.25,; FEET TO A PROLONGED SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, THENCE ALONG SAID SOUTH LINE PROLONGED, SOUTH 89 DEGREES 09 MINUTES 00 SECONDS: WEST, A DISTANCE OF 45.00 FEETTO A POINT ON:THE WEST RIGHT-OF-WAY LINE OF RANGELINE ROAD AS REFERENCED AND DEPICTED.IN THE WARRANTY DEED RECORDED IN SAID RECORDER'S. . OFFICE ON MAY 19; 2016 PER INSTRUMENT NUMBER 2016022637; BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG THE SOUTH. LINE OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED, SOUTH 89. DEGREES 09 MINUTES 00 SECONDS WEST, A.DISTANCE OF 15.00 FEET; THENCE NORTH 00 -DEGREES 51 MINUTES 00 SECONDS WEST,:A DISTANCE OF 158.84 FEET; THENCE NORTH 89 DEGREES 09 MINUTES 00. SECONDS EAST, A DISTANCE OF. 15.00 FEET TO A.., POINT ON SAID WEST RIGHT-OF-WAY LINE OF RANGELINE ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A'DISTANCE OF 158.84 FEET, TO THE POINT OF BEGINNINGAND CONTAINING 0.055 ACRES, MORE OR LESS. THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE SYSTEM :EAST ZONE (NAD83)._ PARCEL 2 A PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18.NORTH, RANGE 3 EAST.OF THE 2ND PRINCIPAL MERIDIAN; IN HAMILTON COUNTY, INDIANA, BEING=PART OF THE LAND DESCRIBED IN THE QUIT CLAIM DEED RECORDED APRIL 26; 2013 IN THE HAMILTON COUNTY RECORDER'S_ OFFICE PER INSTRUMENT NUMBER 2013025913, DESCRIBED`AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE ALONG THE.EAST LINE OF SAID:QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST,:A DISTANCE OF 174.90 FEET TO THE PROLONGED NORTH LINE OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED; THENCE CONTINUING ALONG.THE EAST LINE OF SAID QUARTER:SECTION,:SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF -483.25 FEETTO A PROLONGED SOUTH LINE OF THE LAND DESCRIBED IN -SAID QUIT CLAIM DEED; THENCE ALONG SAID SOUTH LINE PROLONGED AND ALSO ALONG SAID SOUTH LINE OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED, SOUTH_ 89 DEGREES, 09 MINUTES 00 SECONDS WEST, A: DISTANCE OF. 235.00. FEET TO AN EAST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID EAST LINE OF THE LAND DESCRIBED (NSAID QUIT CLAIM DEED, SOUTH 00 DEGREES 51 MINUTES OO SECONDS EAST, A DISTANCE OF.200.00:FEETTO THE SOUTH LINE OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED AND THE POINT OF BEGINNING OF. THIS DESCRIPTION; THENCE ALONG SAID SOUTH LINE OF -THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST, -A DISTANCE OF 279.73 FEET TO THE WEST LINE -OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED;. THENCE ALONG SAID WEST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, NORTH 00 DEGREES 50 MINUTES 44 SECONDS WEST, A DISTANCE OF 55.71 FEET;_ THENCE.NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST, A DISTANCE OF 277.00 FEET; THENCE NORTH 78 DEGREES 33 MINUTES 46 SECONDS EAST A DISTANCE OF 2.77 FEET, TO AN EAST LINE:OF THE LAND DESCRIBED IN SAID QUIT, -CLAIM DEED; THENCE ALONG SAID EAST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED,.SOUTH 00. DEGREES 51 MINUTES OO SECONDS EAST, A DISTANCE OF 56.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 0:358 ACRES, MORE OR LESS. THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83). - PARCEL:3 A PART OF_THE.SOUTH.EAST QUARTER OF SECTION 36, TOWNSHIP 18:NORTH, RANGE 3 EAST OF THE 2ND_ PRINCIPAL MERIDIAN, IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE ALONG. THE -EAST LINE OF_SAID,QUARTER SECTION, SOUTH OO DEGREES 51:M INUTES 00 SECONDS EAST; A. DISTANCE- OF 174:90 FEET; THENCE CONTINUING ALONG -THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 483.25 FEET TO A PROLONGED SOUTH LINE OF THE LAND DESCRIBED IN THE QUIT CLAIM. DEED RECORDED APRIL 26,2013 IN THE HAMILTON COUNTY RECORDER'S. OFFICE. PER'INSTRUMENT NUMBER 2013025913; THENCE ALONG SAID.SOUTH LINE PROLONGED, SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST,.A DISTANCE. OF 45.00.FEETTOA POINT. ON THE WEST RIGHT-OF-WAY.LINE OF RANGELINE ROAD AS REFERENCED AND DEPICTED IN THE WARRANTY DEED RECORDED IN SAID RECORDER'S OFFICE ON: MAY 19,. 2016 PER INSTRUMENT NUMBER 2016022637, BEING THE POINT OF BEGINNING OF THIS DESCRIPTION THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 60.18 FEET; THENCE: SOUTHWESTERLY; 34.47 FEET ALONG; A CURVE TO. THE RIGHT, HAVING A RADIUS OF 50.81 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 19 DEGREES 17 MINUTES 21 SECONDS WEST AND A LENGTH OF 33.82 FEET; THENCE SOUTH 38 DEGREES 03 MINUTES 44 SECONDS WEST, A DISTANCE:OF.65.32 FEET; THENCE SOUTHWESTERLY, 6.05 FEET ALONG A CURVE TO THE RIGHT; HAVING A RADIUS OF 17.99 FEET,, SUBTENDED BY ALONG: CHORD HAVING A. BEARING OF SOUTH 47 DEGREES 41 MINUTES 38. :SECONDS WESTAND A LENGTH OF.6.02 FEET; THENCE SOUTHWESTERLY, 50.01 FEET ALONG A CURVE TO THE RIGHT, HAVING "A RADIUS OF 359.67 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 63 DEGREES 01 MINUTE 26 SECONDS WEST AND A LENGTH OF 49.97 FEET; THENCE SOUTHWESTERLY, 49.76. FEET ALONG A CURVE TO THE _RIGHT, HAVING:A RADIUS OF 367.59 FEET, SUBTENDED. BY A LONG CHORD HAVING A BEARING OF SOUTH 70 DEGREES 21 MINUTES 32 SECONDS WEST AND A LENGTH OF 49.72 FEET; THENCE SOUTHWESTERLY, 41.85 FEET ALONG A CURVE TO THE RIGHT, HAVING, A.RADIUS OF: .380.90 FEET, SUBTENDED: BY.A LONG CHORD.HAVING A.BEARING OF SOUTH 76 DEGREES 57 MINUTES 35 -SECONDS. WEST AND A LENGTH OF 41.83 FEET TO A POINT ON AN EAST LINE OF THE LAND DESCRIBED IN -SAID QUITCLAIM DEED; THENCE ALONG SAID EAST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, NORTH 00 DEGREES 51 MINUTES 00 SECONDS WEST, A DISTANCE OF 193.59 FEETTO A SOUTH LINE OF"THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG SAID SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED, NORTH 89 DEGREES 09 MINUTES 00 SECONDS EAST, A_ DISTANCE OF 190:00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.68 ACRES, MORE OR LESS. EXCEPTING THEREFROM THE FOLLOWING: THAT PART OF SAID .PARCEL 3 LYING NORTHWEST AND WEST OF THE SOUTHEAST:AND EAST PROPERTY LINES OF THE LAND DESCRIBED IN SPECIAL WARRANTY DEED TO THE CITY OF _CARMEL REDEVELOPMENT COMMISSION RECORDED JANUARY 20, 2017 IN THE HAMILTON COUNTY RECORDER'S OFFICE AS INSTRUMENT NUMBER 2017002896." THE BEARINGS IN THIS DESCRIPTION ARE BASED UPON THE INDIANA STATE PLANE COORDINATE " SYSTEM EAST ZONE (NAD83). NORTH LINE OF THE SE 1/4 OF SEC. 36=18-3 A PART. OF THE SOUTHEAST 1/4 OF SECTION, 36, TOWNSFlI1s113 , NORTH RANGE 3 EAST OF THE 2ND' PRINCIPAL MERIDIAN HAMILTON COUNTY, INDIANA P.O.C. MONUMENT W/BRASS CAP FOUND AT.THE NE CORNER OF SE 1/4 OF SECTION 36-18-3 JO PER HCSO CORNER RECORD NO. 18033606 \ �. .. .. SOI -. . . El .0. 100 200 . N89° 17'04"E (ZIP l NORTH 469.68' E LINE 174.90' SOUTH & PARALLEL WITH THE ORTH LINE OF THE SE 1/4 OF SEC. 36-18-3 "S89'1 7'04"W EXECUTNE 1145.00': I S89' 1 '0 s376.91 N O N N aS37°06'38"W . N45°51'30"Wm m" I Coi30.73' 26.88' m O m Z�� I>. o � zm R=75.00,:-40 S00°51'00"E I' m _72.96' . ,o�. ,� L=49..68' N CH=448.78' N�,� m E ;n CHB=S18'07'57"W JmZ Im. nI >_ mm > - U .. - - - zr O I a - 0 ... .. m~I ZD I� m mZ.I : o ol _ ' o � PARCEL N0: 16-09-36-00-00-027.000 m o m FL n STATE ID NO:. 29-09-36-000-027.000-018 �_ 0 w > 1212 RANGELINE ROAD S;' CARMEL, IN -45032 Z z C'I 0 QUITCLAIM DEED INSTR. NO. 2013025913 LA o = z X zo o�l .> w 0 0 (? .I . N00'5D'44"W ' S00°50'44'E I m N'm r m 559.92' W m z 684.46' m "HCSO - HAMILTON COUNTY 0 " SURVEYOR'S OFFICE g �° p P.O.C. POINT OF COMMENCEMENT D 3g P.O.B. - POINT OF BEGINNING I - � I. rn � C m m U E 0 S89'09'00" W a 39.00'' o � J ORIGINAL NORTH R.O.W. LINE OF CARMEL DRIVE ' WEST CARMEL. DRIVE ° PUBLIC RIGHT-OF-WAY a WOOLPERT,1Nc. PROJECT No: No, DATE REVISION ILA 7635 Interactive Way. . 74904 �. .. Suite 100 . DATE 10/25/16 ° W O O L.P. E: R T. Indianapolis, IN 46278 DES. SRK !L DESIGN I GEOSVATIA" IKWMTRU=E - -- � 317.299.7500 pR,- P TK FAX: _ 317.291.5805 CKD. D N A 6 A PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST OF THE 2ND PRINCIPAL MERIDIAN, IN HAMILTON COUNTY, INDIANA, BEING PART OF THE LAND DESCRIBED IN THE QUIT CLAIM DEED RECORDED APRIL 26, 2013 IN THE HAMILTON COUNTY RECORDER'S. OFFICE PER INSTRUMENT NUMBER 2013025913, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE ALONG THE EAST LINE OF SAID QUARTER SECTION, SOUTH 00 DEGREES 51 MINUTES 00 SECONDS EAST, A DISTANCE OF 174.90 FEET TO THE PROLO.N'GED NORTH LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; .d. THENCE ALONG SAID PROLONGED:NORTH LINE, SOUTH.89.DEGREES.17 MINUTES 04.SECOND&:.. WEST, A DISTANCE OF 45.00 FEETTO A POINT ON THE WEST RIGHT-OF-WAY LINE OF RANGELINE ROAD AS REFERENCED AND DEPICTED IN THE WARRANTY DEED RECORDED IN SAID RECORDER'S OFFICE ON MAY:19, 2016 PER INSTRUMENT NUMBER:2016022637, BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, BEING A. LINE 45.00 FEET. WEST OF AND PARALLEL TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36, SOUTH 00 DEGREES 51 MINUTES.00 SECONDS EAST, A DISTANCE. OF 72:96 FEET;." THENCE.NORTH.45 DEGREE .51 MINUTES 30 SECONDS WEST, A DISTANCE OF -26.88 FEETTO A POINT WHICH IS 228.90 FEETSOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG ALINE BEING 228.90.FEET SOUTH OF AND PARALLEL TO THE: NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36, SOUTH 89 DEGREES 17. MINUTES 04 SECONDS WEST, A DISTANCE OF 376.91:FEET; THENCE SOUTH 37 DEGREES 06 MINUTES 38 SECONDS WEST, A DISTANCE OF 30.73 FEET; THENCE SOUTHWESTERLY, 49.68. FEET ALONG A CURVE TO THE LEFT, HAVING A. RADIUS OF .75.'00 FEET, SUBTENDED BY ALONG CHORDHAVING A BEARING OF SOUTH 18 DEGREES 07 MINUTES.57 SECONDS WEST AND ALENGTH OF 48.78 FEET TO A POINT BEING 39.00 FEET EAST OF THE WEST LINE OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED; THENCE ALONG A LINE BEING 39.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE LAND DESCRIBED_IN SAID QUIT CLAIM DEED, SOUTH 00 DEGREES. 50 MINUTES 44 SECONDS EAST,.A DISTANCE OF 559.92 FEETTO THE SOUTH LINE OF THE LAND DESCRIBED IN SAID QUIT .CLAIM DEED, THENCE ALONG THE SOUTH, WESTAND NORTH LINES OF THE LAND DESCRIBED IN SAID QUIT CLAIM DEED THE FOLLOWING THREE (3) COURSES: 1) SOUTH 89 DEGREES 09 MINUTES 00 SECONDS WEST, A DISTANCE OF 39.00 FEET TO. THE SOUTHWEST CORNER OF SAID LAND; Hamilton County Map June 21, 2017 ® Parcels Parcel Labels rte—, Bridges N 1:1,680 A0 0.0125 0.025 0.05 mi I 0 0.0225 0.045 0.09 km Beeemep Intormdon We Hamilton County, IN - Property Records 1609360000028000 hftp://www2.hamiltoncounty..in.gov/propertyreports/reports.aspx?parcel... Property Report for 1224 Rangeline Rd Parcel.#:16-09-36-00-00-028.000 ` State Parcel -9. 29-09-36-000-028.000-018 MILTON COUNT. Current Owner as of June 20, 2017 I This information 6 updated 5 tines a w eek .l PROPERTYADDRESS: DEEDED OWNER SUMMARY INFORMATION: - 1224 Rangeline Rd S CityofCarmel Redevelopment Commission Parcel Number: 16-09-06-00-00-028.01 - Carmel IN 46032 - 30 W Main St . State Parcel Number: 29-09-36-000-028.000-0' i .. Carmel, IN 46032 . . -f Legal Description: Acreage 1.05 Section 36, Township 18, Range 3 I ... Sectlonrrownship/Range:. 36118/3 I Subdivision Name: No(Available - Subdivision Section: Not Available Deeded Acres: 1.05 Political Township: Clay LotNumber(s): Not Available - Last Recorded Date: 1202017 I Disclaimer: This program allows you to view and print certain public records. Each section reflects information as of a specific date: so the infornation provided In different sections or reports may not match. A Information has been derived from public records that are constantly' undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of Interest. 1 of 1 6/21/17,1:55 PM Hamilton County, IN - Property Records 1609360000027000 http://www2.hamiltoncounty.in.gov/propgrtyreports/reports.aspx?parcel... Property Report for 1212:Rangeline Rd Parcel #: 16-09-36-00-00-027.000HAMILT01 COUNT: State Parcel M 29-09-36-000-027.000-018 Current Owner as of June 20, 2017 j. This information is updated 5 tines a w eek - PROPERTYADDRESS: DEEDED OWNER SUMMARY INFORMATION: i1212 Rang aline Rd S Carmel Development II LLC Parcel Number: 16-0936400-00-027.01 Carmel IN 46032 881 3rd Ave SW Ste 100 State Parcel Number: 29-09-36-000-027.000-0' Carmel, IN 46032 p. Legal Description: Acreage 6.69 Section 36, Township 18,, Range .. SectioMownship/Range: 36/18/3 .. ... ... ' i i Subdivision Name: Not Available .. '3 . Subdivision Section: Not Available - i. Deeded Acres: 6.69 1b. Political Township: Clay LotNumber(s): Not Available i Last Recorded Date: 725/2016 i - Disclaimer: This program allows you to view and print certain public records. Each section reflects Information as of a specific -date: so the Information provided in different sections or reports may not match. A Information has-been denied from public records that Eire constantly undergoing change and is n6t w arranted for content or accuracy: ft gray not reflect the current information pertaining to the property of Interest. .. .. .. .. I of 1 6/21/17,'1:54 PM Hamilton County, IN - Property Records 1609360000029000 http://www2.hamiltoncounty.in.gov/propertyreports/reports.aspx?parcel... Property Report for 106 Carmel Dr Parcel #: 16-09-36-00-00-029.000 S State Parcel #: 29-09-36-000-029.000-018 N COUNT i Current Owner as of June 20, 2017 " This information is updated 5 times a w eek " - E PROPERTYADDRESS: DEEDED OWNER SUMMARY INFORMATION: 106 W Carmel Dr 106-136 West Carmel Drive LLC -50% undivided interest & Parcel Number. 16-09-36-00-00-029.01 " Carmel IN 46032 - Kirby II Retail LLC 50% undivided interest State Parcel Number: - - 29-09-36-000-029.000-0' 298 W CARMEL DR Carmel, IN 46032 L .. Legal Description: Acreage .82 Section 36, Township 18, Range 3 i 'Section/Township/Range: ." .36/1813 Subdivision Name: Not Available t Subdivision Section: NotAvailabie - - Deeded Acres: - 0.82 Political Township: Clay LotNumber(s): NotAvailable Last Recorded Date: 529/2002 Disclaimer: This program allows you to view and print certain public records. Each section reflects Information as of as peicific date; so the inforriation provided ih different sections or reports may notrhatch. A information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy, it may not reflect the current information pertaining to the property of interest .. .. r 1 of 1 6/21/17, 1:54 PM