HomeMy WebLinkAboutZ-638-18 Rezones 6.16 Acres to the Meridian Corridor Sponsor:Councilor Campbell
ORDINANCE Z-638-18
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA
Rezoning 6.16 acres at SE corner of North Illinois Street and 111th Street
from S2 (Residential) to the MC (Meridian Corridor)District
Synopsis:
This ordinance rezones approximately 6.16 acres to the MC (Meridian Corridor) district. The site
is currently zoned S2(Residential).It is located on the southeast corner of North Illinois Street and
111th Street.
WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a
Unified Development Ordinance, the terms of which are applicable to the geographic area
consisting of the incorporated area of the City of Carmel, Indiana, which Unified Development
Ordinance has been codified in Chapter 10 of the Carmel City Code; and
WHEREAS,pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend
the map that is part of the Unified Development Ordinance; and
WHEREAS, the Carmel Advisory Plan Commission gave a favorable recommendation on
Tuesday, November 20, 2018, to Docket No. 18030016 Z regarding the rezoning of the real
property described on Exhibit A and illustrated on Exhibit B,which is incorporated herein by this
reference (the "Subject Property").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel,
Indiana,that:
Section I: The Official Zoning Map accompanying and made part of the Unified
Development Ordinance is hereby changed to designate the Subject Property from the
S2/Residential District to the MC/Meridian Corridor District.
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section III: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor.
MOOPTED by the Common Council of the City of Carmel, Indiana, this I ) day of
(` , 20 1Ck ,by a vote of I ayes and 0 nays.
Co
COU CIL FOR E C Y OF C:. .
Vow 41
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Kevin D. Rider, President Su: am r
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Jeff o r r'1,Vice-Preside Antho ree
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Laura D. Campbell H. Bruce Kimball
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Ron. • E. Carter
ATTEST:
Christine S. Pauley, Clerk-Treasurer
FBI
Presented by me to the Mayor of the City of Carmel, Indiana this I 1 day of rel2rAforl,
201 °° , at (0'_0 p ./p.m.)
AlmuL\ '977' Cr-
Opt Christine S. Pauley, Clerk-Treasurer
Approved by me,the Mayor of the City of Carmel, Indiana,this /7 day of f h vas ,
20 /q , at / °z (aah/p.m.)
A \ /
Ja es Brainard, Mayor
ATTEST:
&MAW Mai—LA/ i' 0 4, 1 -
Christine S. Pauley, Clerk-Treasurer
Exhibit A
PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH,
RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHWEST CORNER OF SAID
SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 31 MINUTES 17 SECONDS
EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 968.10 FEET;
THENCE NORTH 00 DEGREES 18 MINUTES 45 SECONDS EAST, 736.17 FEET;
THENCE NORTH 89 DEGREES 31 MINUTES 17 SECONDS WEST, 153.54 FEET;
THENCE NORTH 00 DEGREES 21 MINUTES 33 SECONDS EAST ALONG THE EAST
LINE OF INSTRUMENT NUMBER 2016014328 AS RECORDED IN THE OFFICE OF
THE RECORDER OF HAMILTON COUNTY, 825.09 FEET; THENCE SOUTH 87
DEGREES 08 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE,26.19 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 04 DEGREES 33 MINUTES 13
SECONDS EAST ALONG SAID EAST LINE,32.37 FEET;THENCE 153.37 FEET ALONG
A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 650.91 FEET, AND
CHORD BEARING NORTH 02 DEGREES 11 MINUTES 47 SECONDS WEST, 153.01
FEET;THENCE NORTH 08 DEGREES 56 MINUTES 47 SECONDS WEST ALONG SAID
EAST LINE,27.93 FEET;THENCE 83.01 FEET ALONG A CURVE TO THE RIGHT,SAID
CURVE HAVING A RADIUS OF 1041.48 FEET, AND CHORD BEARING NORTH 04
DEGREES 30 MINUTES 12 SECONDS WEST, 165.49 FEET; THENCE NORTH 00
DEGREES 03 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 587.11 FEET;
THENCE SOUTH 73 DEGREES 51 MINUTES 32 SECONDS EAST,52.04 FEET;THENCE
NORTH 89 DEGREES 18 MINUTES 43 SECONDS EAST, 125.00 FEET;THENCE SOUTH
58 DEGREES 17 MINUTES 46 SECONDS EAST, 93.86 FEET TO THE
NORTHWESTERLY LINE LOT 36 AS RECORDED IN THE SUBDIVISION PLAT OF
MERIDIAN SUBURBAN IN PLAT BOOK 2, PAGE 174; THENCE SOUTH 51 DEGREES
42 MINUTES 41 SECONDS WEST ALONG SAID NORTHWESTERLY LINE,70.00 FEET
TO THE WEST LINE OF SAID LOT 36;THENCE SOUTH 00 DEGREES 03 MINUTES 13
SECONDS WEST ALONG THE WEST LINE OF LOTS 36 AND 37,200.00 FEET TO THE
SOUTHWESTERLY LINE OF SAID LOT 37; THENCE SOUTH 32 DEGREES 31
MINUTES 40 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE, 102.38 FEET
TO THE SOUTHERLY LINE OF LOT 38; THENCE SOUTH 70 DEGREES 36 MINUTES
57 SECONDS EAST ALONG SAID SOUTHERLY LINE, 204.89 FEET TO THE
NORTHWESTERLY CORNER OF LOT 41;THENCE SOUTH 00 DEGREES 12 MINUTES
04 SECONDS WEST ALONG THE WEST LINE OF LOT 41 AND LOT 42, 160.00 FEET
TO THE NORTHWEST CORNER OF LOT 43; THENCE SOUTH 25 DEGREES 07
MINUTES 04 SECONDS WEST ALONG THE NORTHWESTERLY LINE OF LOT 43,
67.62 FEET TO THE NORTH CORNER OF LOT 45; THENCE SOUTH 69 DEGREES 10
MINUTES 04 SECONDS WEST ALONG THE NORTHERLY LINE OF LOT 45 AND LOT
46, 219.97 FEET TO THE NORTHWEST CORNER OF LOT 46; THENCE SOUTH 03
DEGREES 51 MINUTES 56 SECONDS EAST ALONG THE WEST LINE OF LOT 46 AND
LOT 16, 216.28 FEET TO THE SOUTHWESTERLY LINE OF LOT 16; THENCE NORTH
87 DEGREES 08 MINUTES 13 SECONDS WEST, 207.93 FEET TO THE POINT OF
BEGINNING, CONTAINING 6.16 ACRES, MORE OR LESS.
Exhibit •
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COMMITMENTS CONCERNING THE USE
OR DEVELOPMENT OF REAL ESTATE
The owner of the real estate described on Exhibit A attached hereto and located in the City of Cannel,
Indiana,makes the following COMMITMENTS concerning the use or development of the of real estate. All
Commitments with the exception of Commitment 1 apply to the approximately eighteen(18)acres of real
estate described on the attached Exhibit A(the"Campus"). Commitment 1 applies only to the approximately
six(6)acres of real estate described on the attached Exhibit B(the "Rezoning Subject Parcel").
Statement of Commitments
Commitment 1
•
For so long as the 31 lots constituting the Meridian Suburban neighborhood are zoned to the S-2 zoning
classification under the City of Cannel Unified Development Ordinance ("UDO"), any principal and
accessory buildings on the Rezoning Subject Parcel shall not exceed two(2)stories in height.
Commitment 2
Applicant shall conduct a woodland inventory and work with the Urban Forester to create a landscaping and
tree preservation plan targeting existing healthy and non-invasive trees ("Preserved Trees") located in the
bufferyard located adjacent to the Meridian Suburban neighborhood("Preserved Tree Area"). The plan shall
be developed in a manner that minimizes light pollution by creating a light barrier through the use of
screening plant material that satisfies the Bufferyard "D" requirements of the UDO. Such screening plant
material shall be maintained, repaired and replaced by the owner such that the intended screening in the
bufferyard adjoining the Meridian Suburban neighborhood is maintained for so long as the 31 lots
constituting the Meridian Suburban neighborhood are zoned to the S-2 zoning classification under the
UDO. Preserved Trees removed from the Preserved Tree Area shall be replaced by planting material meeting
Bufferyard D requirements as set forth in the UDO.
Commitment 3
The Campus shall be taxable for property tax purposes for not less than 25 years with the specific details
of this Commitment to be more fully developed in conjunction with the Cannel Redevelopment
Commission at the time the property owner pursues tax increment financing to fund the cost of any future
parking garages and/or public improvements.
Commitment 4
Any freestanding light fixtures shall feature full cut off shields and LED lights,to minimize light spill beyond
the property lines of the 18 acre parcel. The illumination from said lights shall not exceed 0.1 footcandles at
the property lines. No freestanding light fixtures shall exceed fifteen(15)feet in height if located within ninety
(90)feet of the property lines adjacent to the Meridian Suburban neighborhood. Any security lighting erected
on the facades of the buildings on the Campus shall be mitigated by the use of shielding or similar techniques
in order to minimize impact on the Meridian Suburban neighborhood. This commitment shall apply only for
so long as the 31 lots constituting the Meridian Suburban neighborhood are zoned to the S-2 zoning
classification under the UDO.
Commitment 5
Any building constructed on the Campus shall feature four sided architecture. A minimum of three materials
shall be used for building exteriors from the following list: stone, brick, architectural pre-cast (panels or
detailing), architectural metal panels, glass, and ornamental metal. Stucco and EIFS may also be applied as
trim details,but shall not exceed 10%of the overall non-window façade area.
Commitment 6
No loading or unloading berth shall be oriented to any adjacent residential uses unless screened from view at
grade level by the masonry wall and plantings/preserved trees
Commitment 7
No outside, unenclosed storage of trash shall be permitted, whether in containers or not. All trash shall be
located completely within the building if there is underground parking/storage structure or in an accessory
structure architecturally compatible with the office building. The building owner shall contract with a trash
hauler to restrict trash pickup between the hours of 7 a.m.and 7 p.m.Monday through Friday,and 10 a.m.to 5
p.m. Saturday and Sunday. Additionally, all non-emergency maintenance of the exterior of the Campus that
creates noise at levels which exceed 90 decibels at the property line, such as lawn mowing and leaf blowing
shall also occur between the hours of 7 a.m.and 7 p.m.Monday through Friday,and 10 a.m.to 5 p.m.Saturday
and Sunday.For purposes of this restriction,snow/ice plowing or treatment shall not be included as a restricted
activity.
Commitment 8
Bicycle parking shall be provided as per the UDO.Bicycle parking shall be located in any covered parking
garage; however, if no garage is provided,bicycle parking shall be suitably covered so as to meet the long
term parking goals of the UDO.
Commitment 9
For so long as the 31 lots constituting the Meridian Suburban neighborhood are zoned to the S-2 zoning
classification under the UDO,uses of the Campus shall not,except to the extent required by applicable law
or regulations, include the following:
1. ambulance garages,bays or stalls
2. hospital emergency rooms
3. medical emergency aircraft(e.g.,helicopter) landing pads or other landing areas
These COMMITMENTS shall be binding on the owner, subsequent owners, and other persons acquiring
an interest in the Campus. These COMMITMENTS may be modified or terminated by a decision of the
Cannel Plan Commission made at a public hearing after property notice has been given.
COMMITMENTS contained in this instrument shall be effective upon the grant of Rezoning Petition
#18030016 Z by the Cannel Plan Commission.
These COMMITMENTS may be enforced jointly and severally by the Cannel Plan Commission or the
City of Cannel,Indiana.
ARTICLE 1. The undersigned hereby authorizes the Cannel Plan Commission to record this Commitment
in the Office of the Recorder of Hamilton County,Indiana,upon final approval of petition 18030016 Z.
[name of owner
By:
Printed:
Title
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me,a Notary Public in and for said County and State,personally appeared
,the of
the owner of the Campus,who acknowledged the execution of the foregoing Statement of Commitments,and
who,having been duly sworn,stated that any representations therein contained are true.
Witness my hand and Notarial Seal this day of ,20 .
My Commission Expires:
Notary Public
Printed
Resident of County
This instrument was prepared by Robert A. Hicks,Attorney at Law,HALL,RENDER,KILLIAN,
HEATH&LYMAN,P.C., 500 North Meridian Street, Suite 400,Indianapolis, Indiana 46204.
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. Robert A.Hicks
After recording,return to Robert A. Hicks,Attorney at Law, HALL,RENDER, KILLIAN, HEATH&
LYMAN,P.C., 500 North Meridian Street, Suite 400,Indianapolis,Indiana 46204.
Exhibit A
The Campus
PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE
3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE
NORTH 89 DEGREES 31 MINUTES 17 SECONDS EAST ALONG THE SOUTH LINE OF
SAID SOUTHWEST QUARTER,968.10 FEET;THENCE NORTH 00 DEGREES 18 MINUTES
45 SECONDS EAST, 736.17 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 17
SECONDS WEST, 153.54 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00
DEGREES 21 MINUTES 33 SECONDS EAST ALONG THE EAST LINE OF INSTRUMENT
NUMBER 2016014328 AS RECORDED IN THE OFFICE OF THE RECORDER OF
HAMILTON COUNTY, 825.09 FEET; THENCE SOUTH 87 DEGREES 08 MINUTES 13
SECONDS EAST ALONG SAID EAST LINE, 26.19 FEET; THENCE NORTH 04 DEGREES
33 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 32.37 FEET; THENCE 153.37
FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 650.91
FEET, AND CHORD BEARING NORTH 02 DEGREES 11 MINUTES 47 SECONDS WEST,
153.01 FEET; THENCE NORTH 08 DEGREES 56 MINUTES 47 SECONDS WEST ALONG
SAID EAST LINE, 27.93 FEET; THENCE 83.01 FEET ALONG A CURVE TO THE RIGHT,
SAID CURVE HAVING A RADIUS OF 1041.48 FEET, AND CHORD BEARING NORTH 04
DEGREES 30 MINUTES 12 SECONDS WEST, 165.49 FEET;THENCE NORTH 00 DEGREES
03 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 587.11 FEET; THENCE
SOUTH 73 DEGREES 51 MINUTES 32 SECONDS EAST, 52.04 FEET; THENCE NORTH 89
DEGREES 18 MINUTES 43 SECONDS EAST, 125.00 FEET; THENCE SOUTH 58 DEGREES
17 MINUTES 46 SECONDS EAST, 93.86 FEET TO THE NORTHWESTERLY LINE LOT 36
AS RECORDED IN THE SUBDIVISION PLAT OF MERIDIAN SUBURBAN IN PLAT BOOK
2, PAGE 174; THENCE SOUTH 51 DEGREES 42 MINUTES 41 SECONDS WEST ALONG
SAID NORTHWESTERLY LINE, 70.00 FEET TO THE WEST LINE OF SAID LOT 36;
THENCE SOUTH 00 DEGREES 03 MINUTES 13 SECONDS WEST ALONG THE WEST
LINE OF LOTS 36 AND 37, 200.00 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT
37; THENCE SOUTH 32 DEGREES 31 MINUTES 40 SECONDS EAST ALONG SAID
SOUTHWESTERLY LINE, 102.38 FEET TO THE SOUTHERLY LINE OF LOT 38; THENCE
SOUTH 70 DEGREES 36 MINUTES 57 SECONDS EAST ALONG SAID SOUTHERLY LINE,
204.89 FEET TO THE NORTHWESTERLY CORNER OF LOT 41; THENCE SOUTH 00
DEGREES 12 MINUTES 04 SECONDS WEST ALONG THE WEST LINE OF LOT 41 AND
LOT 42, 160.00 FEET TO THE NORTHWEST CORNER OF LOT 43; THENCE SOUTH 25
DEGREES 07 MINUTES 04 SECONDS WEST ALONG THE NORTHWESTERLY LINE OF
LOT 43, 67.62 FEET TO THE NORTH CORNER OF LOT 45;THENCE SOUTH 69 DEGREES
10 MINUTES 04 SECONDS WEST ALONG THE NORTHERLY LINE OF LOT 45 AND LOT
46, 219.97 FEET TO THE NORTHWEST CORNER OF LOT 46; THENCE SOUTH 03
DEGREES 51 MINUTES 56 SECONDS EAST ALONG THE WEST LINE OF LOT 46 AND
LOT 16, 216.28 FEET TO THE SOUTHWESTERLY LINE OF LOT 16; THENCE SOUTH 56
DEGREES 18 MINUTES 13 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF
LOT 16 AND LOT 15, 250.00 FEET TO THE SOUTHWEST CORNER OF LOT 14; THENCE
SOUTH 89 DEGREES 48 MINUTES 13 SECONDS EAST ALONG THE SOUTH LINE OF
LOT 14, 185.00 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 47 SECONDS EAST,
32.00 FEET;THENCE NORTH 89 DEGREES 18 MINUTES 47 SECONDS EAST, 166.00 FEET
TO THE WEST RIGHT OF WAY LINE OF US 31; THENCE SOUTH 30 DEGREES 57
MINUTES 34 SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE, 186.27 FEET
TO;THENCE SOUTH 00 DEGREES 09 MINUTES 01 SECONDS WEST ALONG SAID WEST
RIGHT OF WAY LINE, 540.00 FEET; THENCE SOUTH 26 DEGREES 42 MINUTES 55
SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE,2.76 FEET TO THE NORTH
LINE OF DEED BOOK 331, PAGE 109; THENCE SOUTH 89 DEGREES 31 MINUTES 16
SECONDS WEST ALONG SAID NORTH LINE, 699.64 FEET TO THE POINT OF
BEGINNING, CONTAINING 18.28 ACRES, MORE OR LESS.
Exhibit B
The Rezoning Subject Parcel
PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 17 NORTH, RANGE
3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER;THENCE NORTH 89 DEGREES 31 MINUTES 17 SECONDS EAST ALONG THE
SOUTH LINE OF SAID SOUTHWEST QUARTER, 968.10 FEET; THENCE NORTH 00
DEGREES 18 MINUTES 45 SECONDS EAST,736.17 FEET;THENCE NORTH 89 DEGREES
31 MINUTES 17 SECONDS WEST, 153.54 FEET; THENCE NORTH 00 DEGREES 21
MINUTES 33 SECONDS EAST ALONG THE EAST LINE OF INSTRUMENT NUMBER
2016014328 AS RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON
COUNTY, 825.09 FEET; THENCE SOUTH 87 DEGREES 08 MINUTES 13 SECONDS EAST
ALONG SAID EAST LINE,26.19 FEET TO THE POINT OF BEGINNING;THENCE NORTH
04 DEGREES 33 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 32.37 FEET;
THENCE 153.37 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 650.91 FEET, AND CHORD BEARING NORTH 02 DEGREES 11 MINUTES 47
SECONDS WEST, 153.01 FEET;THENCE NORTH 08 DEGREES 56 MINUTES 47 SECONDS
WEST ALONG SAID EAST LINE,27.93 FEET; THENCE 83.01 FEET ALONG A CURVE TO
THE RIGHT,SAID CURVE HAVING A RADIUS OF 1041.48 FEET,AND CHORD BEARING
NORTH 04 DEGREES 30 MINUTES 12 SECONDS WEST, 165.49 FEET; THENCE NORTH
00 DEGREES 03 MINUTES 13 SECONDS EAST ALONG SAID EAST LINE, 587.11 FEET;
THENCE SOUTH 73 DEGREES 51 MINUTES 32 SECONDS EAST, 52.04 FEET; THENCE
NORTH 89 DEGREES 18 MINUTES 43 SECONDS EAST, 125.00 FEET;THENCE SOUTH 58
DEGREES 17 MINUTES 46 SECONDS EAST, 93.86 FEET TO THE NORTHWESTERLY
LINE LOT 36 AS RECORDED IN THE SUBDIVISION PLAT OF MERIDIAN SUBURBAN
IN PLAT BOOK 2, PAGE 174; THENCE SOUTH 51 DEGREES 42 MINUTES 41 SECONDS
WEST ALONG SAID NORTHWESTERLY LINE, 70.00 FEET TO THE WEST LINE OF SAID
LOT 36; THENCE SOUTH 00 DEGREES 03 MINUTES 13 SECONDS WEST ALONG THE
WEST LINE OF LOTS 36 AND 37,200.00 FEET TO THE SOUTHWESTERLY LINE OF SAID
LOT 37; THENCE SOUTH 32 DEGREES 31 MINUTES 40 SECONDS EAST ALONG SAID
SOUTHWESTERLY LINE, 102.38 FEET TO THE SOUTHERLY LINE OF LOT 38; THENCE
SOUTH 70 DEGREES 36 MINUTES 57 SECONDS EAST ALONG SAID SOUTHERLY LINE,
204.89 FEET TO THE NORTHWESTERLY CORNER OF LOT 41; THENCE SOUTH 00
DEGREES 12 MINUTES 04 SECONDS WEST ALONG THE WEST LINE OF LOT 41 AND
LOT 42, 160.00 FEET TO THE NORTHWEST CORNER OF LOT 43; THENCE SOUTH 25
DEGREES 07 MINUTES 04 SECONDS WEST ALONG THE NORTHWESTERLY LINE OF
LOT 43,67.62 FEET TO THE NORTH CORNER OF LOT 45;THENCE SOUTH 69 DEGREES
10 MINUTES 04 SECONDS WEST ALONG THE NORTHERLY LINE OF LOT 45 AND LOT
46, 219.97 FEET TO THE NORTHWEST CORNER OF LOT 46; THENCE SOUTH 03
DEGREES 51 MINUTES 56 SECONDS EAST ALONG THE WEST LINE OF LOT 46 AND
LOT 16, 216.28 FEET TO THE SOUTHWESTERLY LINE OF LOT 16; THENCE NORTH 87
DEGREES 08 MINUTES 13 SECONDS WEST, 207.93 FEET TO THE POINT OF
BEGINNING, CONTAINING 6.16 ACRES, MORE OR LESS.