Loading...
HomeMy WebLinkAboutZ-628-17 111th and Pennsylvania Street R-1 to C-2Sponsor: Councilor Kimball ORDINANCE Z-628-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REZONING 35.21+/- ACRES LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF 111' STREET AND PENNSYLVANIA STREET FROM THE R-1/RESIDENTIAL ZONING DISTRICT TO THE C-2/MIXED USE ZONING DISTRICT Synopsis: The Ordinance would rezone the real estate from R-1 Residential to C-2 Mixed Use district allowing the development of a mixed use project to include, but not be limited to, a combination of office, hotel, restaurant and parking garage uses. WHEREAS, Section 20F of the Carmel/Clay Zoning Ordinance, as amended (the "Zoning Ordinance"), provides for the establishment of the C-2 Mixed Use District; and WHEREAS, the Plan Commission has given a favorable recommendation to the rezoning of the real estate legally described in the attached Exhibit A (the "Real Estate") considered under Plan Commission docket number 17030026 Z (the "11 Ph & Penn, C-2 Rezone"). NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7-4-600 et seq., the Council adopts this Ordinance, as an amendment to the Zone Map, (ii) the Real Estate is rezoned to the C-2 Mixed Use District, (iii) all prior ordinances or parts thereof inconsistent with any provision of this Ordinance and its Exhibits are hereby made inapplicable to the use and development of the Real Estate, (iv) all prior commitments and restrictions applicable to the Real Estate shall be null and void and replaced and superseded by this Ordinance and the Commitments attached as Exhibit B, and (v) this Ordinance shall be in full force and effect from and after its passage and signing. 1\12501036.2 ADOPTED by the Common Council o the City of Carmel, Indiana this day of C V"—, 2017, by a vote of ayes and © nays. OR TZHEC TY OF C evin D. Rider n 0 + n- Anthony Green B_r_uce/ Kimball Laura Campbell ATTEST: 7 r u Christine . Pauley,G(erk-TreasurekJ CPres ntedb.Y me to the Mayor of the City of Carmel, Indiana, this day of 2017, at e . M. Christine S. Pauley, erk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of J <SZ 2017, at a2-- -->.M. 114 -Z-/ fames Brainard, Mayor This Instrument prepared by: Joseph M. Scimia, Ice Miller LLP, One American Square, Suite 2900, Indianapolis, IN 46282 1\12501036.2 Exhibit "A" LEGAL DESCRIPTION Historic Legal Description from Deeds: Part of the Southwest Quarter of the Northeast Quarter of Section 2, Township 17 North. Range 3 East, in Hamilton County. Indiana, being more particularly described as follows: Beginning at a P.K. Nail marking the Southeast corner of said Southwest Quarter thence South 88 degrees 54 minutes 42 seconds west (assumed bearing) along the south line thereof a distance of 1351.47 feet to the Southwest corner of said Southwest Quarter. thence North 00 degrees 16 minutes 44 seconds East along the west line thereof a distance of 1327.31 feet to the northwest corner thereof; thence North 88 degrees 49 minutes 25 seconds East along The north line thereof a distance of 1348.29 feet to the Northeast corner thereof. thence South 00 degrees 08 minutes 23 seconds West along the east line thereof a distance of 379.44 feet to a 5/8 inch rebar and cap scribed 'Benchmark Surveying" (hereinafter referred.to as 5/8 inch rebar; thence South 88 degrees 54 minutes 42 seconds West a distance of 678.05 feet to a 5/8 inch rebar; thence South 00 degrees 08 minutes 23 seconds West a distance of .393.92 feet to a 5/8 inch rebar; thence South 88 degrees 41 minutes 01 seconds East a distance of 678.04 feet to a 5/8 inch rebar and said east tine; thence South 00 degrees 08 minutes 23 seconds West along the east line thereof a distance of 527A9 feet to the Point of Beginning. Containing 29.470 Net acres, more or less. SUBJECT to the Permanent Easement for Pennsylvania Street per the City of Carmel Project No. 97-04, more particularly described as follows: Commencing of the southwest corner of said Southwest Quarter; thence North 00 degrees 16 minutes 44 seconds East along the west line thereof a distance of 23.6.1 feet to the north boundary of 111th Street and the Point of Beginning; thence North 88 degrees 58 minutes 25 seconds West along said north boundary line a distance of 43.02 feet; thence North 00 degrees 16 minutes 44 seconds East a distance of 193.01 feet; thence northeasterly 553.82 feet along an arc to, the right and having a radius. of 3764.72 feet and subtended by a chord having a bearing of North 04 degrees 29 minutes 35 seconds East and a length of 553.32 feet; thence North 08 degrees 42 minutes 27 seconds East a distance of 138.58 feet: thence northeasterly 429,15 feet along an arc fo the left and having a radius of 3874.72 feel and subtended by a chord having a bearing of North 05 degrees 32 minutes 04 seconds East and a length of 428.93 feet to the north line of said Southwest Quarter: thence South 68 degrees 49 minutes 25 seconds West along the north line thereof a distance of 133.00 feet to the northwest corner thereof; thence South 00 degrees 16 minutes 44 seconds West along the west line thereof o distance of 1303.80 feet to the Point of Beginning, Containing 2.139 acres, more or less. ALSO Part of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: 1\12501036.2 Commencing at a P.K. Nail marking the Southeast corner of the Southwest Quarter of said Northeast Quarter; thence North 00°08'23" East (assumed bearing) along the east line of said Southwest Quarter a distance of 527.49 feet to the point of beginning; thence continuing North 00°08'23" East along said East line a distance of 422.38 feet; thence South 88°54'42" West a distance of 678.05 feet; thence South 00°08'23" West a distance of 393.92 feet; thence South 88°41'01" East a distance of 678.04 feet to the point of beginning. Containing 6.352 acres, more or less. EXCEPTING THE FOLLOWING A part of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at the Southwest Corner of said northeast quarter designated as point "1" on the Location Control Route Survey plat recorded as Instrument 2010-015472, in the Office of the Recorder of said County; thence North 01 degree 30 minutes 30 seconds East a distance of 23.51 feet, along the west line of said quarter section, to the southern boundary of Pennsylvania Street; thence South 87 degrees 44 minutes 39 seconds East a distance of 32.99 feet (33.02 feet by Instrument Number 200200045075) along said southern boundary, to an eastern boundary of said Pennsylvania Street; thence North 01 degree 30 minutes 30 seconds East a distance of 193.55 feet (193.23 feet by Instrument Number 200200045075) along said eastern boundary; thence :continuing along said eastern boundary Northeasterly 207.31 feet along an arc to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 03 degrees 05 minutes 09 seconds East and a length of 207.28 feet to the point designated "333" on said Parcel Plat; thence South 85 degrees 22 minutes 10 seconds East a distance of 9.92 feet to the point designated "332" on said Parcel Plat; thence South 04 degrees 01 minute 50 seconds West a distance of 78.85 feet to the point designated "331" on said Parcel Plat; thence South 05 degrees 36 minutes 49 seconds East a distance of 184.56 feet to the point designated "330" on said Parcel Plat; thence South 15 degrees 50 minutes 44 seconds East a distance of 83.82 feet to the point designated "329" on said Parcel Plat; thence South 48 degrees 51 minutes 10 seconds East a distance of 59.75 feet to the point designated "328" on said Parcel Plat; thence South 89 degrees 50 minutes 16 seconds East a distance of 85.00 feet to the point designated "327" on said Parcel Plat; thence South 87 degrees 59 minutes 24 seconds East a distance of 155.08 feet to the point designated "325" on said Parcel Plat; thence South 00 degrees 09 minutes 44 seconds West a distance of 35.00 feet to the south line of said quarter section; thence North 89 degrees 50 minutes 16 seconds West a distance of 380.00 feet, along said south line, to the point of beginning and containing 0.605 acres, more or less, inclusive of the presently existing right of way, which contains 0.087 acres, more or less. Modernized Legal Description (Overall Boundary based on Survey) Part of the Southwest Quarter of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: 1\12501036.2 Beginning at the southeast corner of said Southwest Quarter -Quarter Section; thence South 89 degrees 17 minutes 44 seconds West (BASIS OF BEARING: Indiana State Plane East Zone NAD 83) along the south line thereof a distance of 970.42 feet to the southeast corner of the 0.605 acre tract of land as described in Exhibit "A" of a certain Warranty Deed to the City of Carmel, Indiana, recorded January 18, 2013 as Instrument No. 2013003984, in the Hamilton County Recorder's Office (the following eight courses being along the lines of said land tract); 1) thence North 00 degrees 42 minutes 16 seconds West a distance of 35.00 feet; 2) thence North 88 degrees 51 minutes 24 seconds West a distance of 155.08 feet; 3) thence South 89 degrees 17 minutes 44 seconds West a distance of 85.00 feet; 4) thence North 49 degrees 43 minutes 10 seconds West a distance of 59.75 feet; 5) thence North 16 degrees 42 minutes 44 seconds West 83.82 feet; 6) thence North 06 degrees 28 minutes 49 seconds West 184.56 feet; 7) thence North 03 degrees 09 minutes 50 seconds East 78.85 feet; 8) thence North 86 degrees 14 minutes 10 seconds West 9.96 feet to the east line of the 2.139 acre tract of land as described in "Exhibit A" of "Order Of Appropriation" to the City of Carmel recorded June 26, 2002 as Instrument No. 200200045075, in the Hamilton County Recorder's Office (the following three courses being along the lines of said land tract), said point being on a curve to the right having a radius of 3774.72 feet; thence Northerly along said curve to the right an arc distance of 348.82 feet, said curve being subtended by a chord North 06 degrees 25 minutes 23 seconds East 348.70 feet; thence North 09 degrees 04 minutes 14 seconds East 136.58 feet to the beginning of a curve to the left with a radius of 3864.72 feet; thence Northerly along said curve.to the left an arc distance of 426.69 feet, said curve being subtended by a chord North 05 degrees 54 minutes 28 seconds East 426.47 feet, to the north line of said Southwest Quarter -Quarter Section; thence North 89 degrees 20 minutes 09 seconds East along the North line of said Southwest Quarter -Quarter 1214.67 feet to the northeast corner thereof; thence South 00 degrees 31 minutes 22 seconds West along the east line of said Southwest Quarter -Quarter 1326.52 feet to the Point of Beginning. Containing 38.345 acres, more or less. 1\12501036.2 EXHIBIT B STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OR APPROVAL PETITION In accordance with I.C. 36-7-4-1015, the owner of the real estate located in Hamilton County, Indiana, which is described below, makes the following commitments concerning the use and development of the following parcel of real estate: Legal Description: See attached Exhibit A. Statement of Commitments: 1. At such time as the real estate is subsequently developed pursuant to approved Development Plan and ADLS Petitions, Owner shall maintain a tree preservation area and buffer area along portions of the east and north property lines. The widths of the tree preservation area and buffer area shall be measured from the existing property lines. These areas and the standards of these areas are defined as follows: a. The tree preservation area shall be left natural, designated as a "no mow" area, and shall follow the standards of Section 33.07 of the Carmel Zoning Ordinance. These standards shall be applicable to the following portions of the north and east property lines: I. Beginning at the northwest corner of the property and extending eastward along the north property line to the western right-of-way line of Washington Boulevard (extended), this section of the tree preservation area shall have a minimum width of ten (10) feet. 2. Continuing eastward from the western right-of-way line of Washington Boulevard extended) along the north property line of the property to the northeast corner of the property and continuing southward along the east property line terminating at the southwest corner of the parcel addressed as 11172 Ruckle Street, this section of the tree preservation area shall have a minimum width of fifty (50) feet. b. The buffer area shall be that portion of the east property line beginning at the southwest corner of the parcel addressed as 11172 Ruckle Street and extending southward to and terminating at the southwest corner of the parcel addressed as 11132 Blackstone Court. The buffer area shall have a minimum width of thirty-five (35) feet. At such time as the real estate is subsequently developed pursuant to approved Development Plan and ADLS Petitions, Owner shall install in this buffer area, landscaping with a minimum base -planting unit for each one hundred (100) linear foot increment of the buffer area consisting of the following: 1. Six (6) native 2.5" caliper shade trees with no more than two (2) being evergreen trees; 2. Two (2) native 2.0" caliper ornamental trees; 3. Fifteen (15) native 24" tall shrubs. page 1 of 7 A12162152.12 Following the installation of the required landscaping within the buffer area, the buffer area shall be subject to a maintenance plan to be approved by the City of Carmel's Urban Forester. The intent of the maintenance plan is to have the buffer area to appear as natural while preventing invasive species of plants overtaking the required landscaping. Within the area south of this buffer area, extending southward to and terminating at the southeast corner of the property, Owner may install retention/detention ponds in this area as approved as part of a Development Plan/ADLS approval. c. At such time as the real estate is subsequently developed pursuant to approved Development Plan and ADLS Petitions, Owner shall install and maintain a six (6) foot tall, shadow-box cedar fence along the eastern property line of the property. A gap or opening of approximately ten (10) feet in width through the fence for pedestrian use of an asphalt path, which shall be provided where Burr Oak Drive abuts the property. 2. All buildings constructed after the effective date of these Commitments with direct frontage on Pennsylvania Street and all buildings constructed after the effective date of these Commitments with frontage on 111`h Street which are within five hundred (500) feet of the intersection of I I Vh Street and Pennsylvania Street shall be a minimum of four (4) stories in height. 3. Accessory buildings constructed after the effective date of these Commitments must be architecturally compatible with the principal building(s) and utilize the same exterior building materials as the principal building(s) on all sides of the accessory building. 4. An internal north/south street connecting to 111 `h Street and an internal east/west street connecting to Pennsylvania Street must be provided within the development as part of any future development of the real estate. Both internal streets shall be dedicated to and maintained by the City of Carmel for public use. Owner shall not physically connect the internal north/south street to Washington Boulevard or the internal east/west street to Burr Oak Drive; provided, that the Owner shall provide a means of emergency access from the internal north/south street to Washington Boulevard in accordance with approved Development Plan and ADLS Petitions. 5. Cultural/Entertainment Uses and Retail & Service Uses (as defined by the Carmel Zoning Ordinance, Appendix A: Schedule of Uses) must be located west of the internal north/south street, with the exception of the "Restaurant Without Drive Thru Sales" use, which may be located on the east side of the internal north/south street, but must front directly onto the internal north/south street. 6. No vehicular parking areas shall be permitted between a building face and Pennsylvania Street or between a building face and 111`h Street. 7. Parking garages located east of the internal north/south street shall be limited to a maximum of two levels of parking above grade. Additionally, parking garages within the development shall be designed in a manner that a minimum of thirty-five (35) percent of the total initial garage parking spaces can be converted to other uses in the future. 8. The maximum building setback of thirty-five (35) feet shall apply to the primary building frontages on Pennsylvania Street and 111`h Street. Pertaining to this maximum building setback page 2 of 7 A12162152.12 requirement, Owner retains the option to request a Zoning Waiver, as provided in Section 20F.00.03(7) in the Carmel Zoning Ordinance. 9. Light levels shall not exceed one-tenth (0.1) footcandles on any property line which is shared with and abuts a residential use. 10. At such time as the real estate is subsequently developed pursuant to approved Development Plan and ADLS Petitions, the development will join the Carmel Bike Share program by providing a bike share station within the development for an initial period of three (3) years. The Owner will consult with the City of Carmel Active Transportation Coordinator to determine the number of bicycles and the location of the bike share station within the development. Following the initial period, continuation of the bike rental location will be reviewed by the Owner on an annual basis. Additionally, development of the property shall include long-term bicycle parking spaces in compliance with the standards of Section 27.06.04 of the Carmel Zoning Ordinance. The number of long-term bicycle parking spaces shall be as follows: Use Required Amount Office 4 spaces for each 10,000 sq. ft., minimum of 2 spaces Restaurants 2 spaces for each 12,000 sq. ft. of floor area, minimum of 2 spaces Commercial parking garages 1.5 spaces per 20 automobiles aces, minimum of 2 spaces In addition to public bicycle parking, commercial parking garages shall also include water fountain(s) and a bike maintenance stand. The location and 'design shall be reviewed and approved by the TSC. 11. Owner will comply with the Carmel Thoroughfare requirements. 12. Owner will direct all construction traffic to access and leave the development from either I I Ith Street or Pennsylvania Street. These COMMITMENTS shall be binding on the owner, subsequent owners of the real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the adoption of Docket Number 17030026 Z approved by the Carmel City Council in Ordinance No. Z-628-17. These COMMITMENTS may be enforced by the Carmel Plan Commission. page 3 of 7 A12162152.12 The undersigned will record these COMMITMENTS in the office of the Recorder of Hamilton County, Indiana, upon final approval of Docket Number 17030026 Z by the Carmel City Council and will provide a copy of the recorded COMMITMENTS to the Department of Community Services within thirty (30) days after the approval of the rezoning by the Carmel City Council. IN WITNESS WHEREOF, owner has executed this instrument this day of 20 MEYER FAMILY LIMITED PARTNERSHIP By: Printed Name: Title: STATE OF INDIANA ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, personally appeared as of Mever Family Limited Partnership, owner of the real estate, who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Subscribed and sworn to before me this day of 20 Notary Public - Signature My Commission expires: Printed Name of Notary Public My County of residence: I affirm under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document unless required by law. Joseph M. Scimia. This instrument was prepared by: Joseph M. Scimia, Attorney, Ice Miller LLP, One American Square, Suite 2900, Indianapolis, IN 46282 page 4 of 7 N2162152.12 EXHBIT A LEGAL DESCRIPTION Historic Legal Description from Deeds: Part of the Southwest Quarter of the Northeast Quarter of Section 2, Township 17 North. Range 3 East, in Hamilton County. Indiana, being more particularly described as follows: Beginning at a P.K. Nail marking the Southeast corner of said Southwest Quarter thence South 88 degrees 54 minutes 42 seconds west (assumed bearing) along the south line thereof a distance of 1351.47 feet to the Southwest corner of said Southwest Quarter. thence North 00 degrees 16 minutes 44 seconds East along the west line thereof a distance of 1327.31 feet to the northwest corner thereof, thence North 88 degrees 49 minutes 25 seconds East along The north line thereof a distance of 1348.29 feet to the Northeast corner thereof. thence South 00 degrees 08 minutes 23 seconds West along the east line thereof a distance of 379.44 feet to a 5/8 inch rebar and cap scribed 'Benchmark Surveying" hereinafter referred.to as 5/8 inch rebar; thence South 88 degrees 54 minutes 42 seconds West a distance of 678.05 feet to a 5/8 inch rebar; thence South 00 degrees 08 minutes 23 seconds West a distance of .393.92 feet to a 5/8 inch rebar; thence South 88 degrees 41 minutes 01 seconds East a distance of 678.04 feet to a 5/8 inch rebar and said east tine; thence South 00 degrees 08 minutes 23 seconds West along the east line thereof a distance of 527A9 feet to the Point of Beginning. Containing 29.470 Net acres, more or less. SUBJECT to the Permanent Easement for Pennsylvanid Street per the City of Carmel Project No. 97- 04, more particularly described as follows: Commencing of the southwest corner of said Southwest Quarter; thence North 00 degrees 16 minutes 44 seconds East along the west line thereof a distance of 23.6.1 feet to the north boundary of 111th Street and the Point of Beginning; thence North 88 degrees 58 minutes 25 seconds West along said north boundary line a distance of 43.02 feet; thence North 00 degrees 16 minutes 44 seconds East a distance of 193.01 feet; thence northeasterly 553.82 feet along an arc to, the right and having a radius. of 3764.72 feet and subtended by a chord having a bearing of North 04 degrees 29 minutes 35 seconds East and a length of 553.32 feet; thence North 08 degrees 42 minutes 27 seconds East a distance of 138.58 feet: thence northeasterly 429,15 feet along an arc fo the left and having a radius of 3874.72 feel and subtended by a chord having a bearing of North 05 degrees 32 minutes 04 seconds East and a length of 428.93 feet to the north line of said Southwest Quarter: thence South 68 degrees 49 minutes 25 seconds West along the north line thereof a distance of 133.00 feet to the northwest corner thereof, thence South 00 degrees 16 minutes 44 seconds West along the west line thereof o distance of 1303.80 feet to the Point of Beginning, Containing 2.139 acres, more or less. ALSO Part of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: page 5 of 7 112162152.12 Commencing at a P.K. Nail marking the Southeast corner of the Southwest Quarter of said Northeast Quarter; thence North 00°08'23" East (assumed bearing) along the east line of said Southwest Quarter a distance of 527.49 feet to the point of beginning; thence continuing North 00°08'23" East along said East line a distance of 422.38 feet; thence South 88°54'42" West a distance of 678.05 feet; thence South 00°08'23" West a distance of 393.92 feet; thence South 88°41'01" East a distance of 678.04 feet to the point of beginning. Containing 6.352 acres, more or less. EXCEPTING THE FOLLOWING A part of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit "B", described as follows: Beginning at the Southwest Corner of said northeast quarter designated as point "1" on the Location Control Route Survey plat recorded as Instrument 2010-015472, in the Office of the Recorder of said County; thence North 01 degree 30 minutes 30 seconds East a distance of 23.51 feet, along the west line of said quarter section, to the southern boundary of Pennsylvania Street; thence South 87 degrees 44 minutes 39 seconds East a distance of 32.99 feet (33.02 feet by Instrument Number 200200045075) along said southern boundary, to an eastern boundary of said Pennsylvania Street; thence North 01 degree 30 minutes 30 seconds East a distance of 193.55 feet (193.23 feet by Instrument Number 200200045075) along said eastern boundary; thence continuing along said eastern boundary Northeasterly 207.31 feet along an arc to the right having a radius of 3,764.72 feet and subtended by a long chord having a bearing of North 03 degrees 05 minutes 09 seconds -East and a length of 207.28 feet to the point designated "333" on said Parcel Plat; thence South 85 degrees 22 minutes 10 seconds East a distance of 9.92 feet to the point designated "332" on said Parcel Plat; thence South 04 degrees 01 minute 50 seconds West a distance of 78.85 feet to the point designated "331" on said Parcel Plat; thence South 05 degrees 36 minutes 49 seconds East a distance of 184.56 feet to the point designated 330" on said Parcel Plat; thence South 15 degrees 50 minutes 44 seconds East a distance of 83.82 feet to the point designated "329" on said Parcel Plat; thence South 48 degrees 51 minutes 10 seconds East a distance of 59.75 feet to the point designated "328" on said Parcel Plat; thence South 89 degrees 50 minutes 16 seconds East a distance of 85.00 feet to the point designated "327" on said Parcel Plat; thence South 87 degrees 59 minutes 24 seconds East a distance of 155.08 feet to the point designated 325" on said Parcel Plat; thence South 00 degrees 09 minutes 44 seconds West a distance of 35.00 feet to the south line of said quarter section; thence North 89 degrees 50 minutes 16 seconds West a distance of 380.00 feet, along said south line, to the point of beginning and containing 0.605 acres, more or less, inclusive of the presently existing right of way, which contains 0.087 acres, more or less. Modernized Legal Description (Overall Boundary based on Survey) Part of the Southwest Quarter of the Northeast Quarter of Section 2, Township 17 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: page 6 of 7 A12162152.12 Beginning at the southeast corner of said Southwest Quarter -Quarter Section; thence South 89 degrees 17 minutes 44 seconds West (BASIS OF BEARING: Indiana State Plane East Zone NAD 83) along the south line thereof a distance of 970.42 feet to the southeast corner of the 0.605 acre tract of land as described in Exhibit "A" of a certain Warranty Deed to the City of Carmel, Indiana, recorded January 18, 2013 as Instrument No. 2013003984, in the Hamilton County Recorder's Office (the following eight courses being along the lines of said land tract); 1) thence North 00 degrees 42 minutes 16 seconds West a distance of 35.00 feet; 2) thence North 88 degrees 51 minutes 24 seconds West a distance of 155.08 feet; 3) thence South 89 degrees 17 minutes 44 seconds West a distance of 85.00 feet; 4) thence North 49 degrees 43 minutes 10 seconds West a distance of 59.75 feet; 5) thence North 16 degrees 42 minutes 44 seconds West 83.82 feet; 6) thence North 06 degrees 28 minutes 49 seconds West 184.56 feet; 7) thence North 03 degrees 09 minutes 50 seconds East 78.85 feet; 8) thence North 86 degrees 14 minutes 10 seconds West 9.96 feet to the east line of the 2.139 acre tract of land as described in "Exhibit A" of "Order Of Appropriation" to the City of Carmel recorded June 26, 2002 as Instrument No. 200200045075, in the Hamilton County Recorder's Office (the following three courses being along the lines of said land tract), said point being on a curve to the right having a radius of 3774.72 feet; thence Northerly along said curve to the right an arc distance of 348.82 feet, said curve being subtended by a chord North 06 degrees 25 minutes 23 seconds East 348.70 feet; thence North 09 degrees 04 minutes 14 seconds East 136.58 feet to the beginning of a curve to the left with a radius of 3864.72 feet; thence Northerly along said curve to the left an arc distance of 426.69 feet, said curve being subtended by a chord North 05 degrees 54 minutes 28 seconds East 426.47 feet, to the north line of said Southwest Quarter -Quarter Section; thence North 89 degrees 20 minutes 09 seconds East along the North line of said Southwest Quarter -Quarter 1214.67 feet to the northeast corner thereof; thence South 00 degrees 31 minutes 22 seconds West along the east line of said Southwest Quarter -Quarter 1326.52 feet to the Point of Beginning. Containing 38.345 acres, more or less. page 7 of 7 A12162152.12