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HomeMy WebLinkAboutApplicationFilename: Ordinance Amendment 2020.docx Revised 12/31/2019 Page 1 ORDINANCE AMENDMENT APPLICATION Petition to Modify the Carmel Unified Development Ordinance or PUD Fee: $1,083.00 plus $147 per acre (Note: fees are due after the application receives a docket number, and not before.) Date: Docket No.: Name of Owner: Phone No.: (____) ____ - _______ Owner’s Address: ___________________________________________________________________________ Owner’s Email: ____________________________________________________________________________ Contact Person Name and Company: ____________________________________________________________ Contact Person’s Phone No.: _________________ Email: ___________________________________________ Contact Person’s Address: ____________________________________________________________________ Eplan Review Contact Person: ____________________________________ Phone: _____________________ Email: _____________________________________________________________________ Record of Ownership: Deed Book: Page: Purchase Date: Project Tax Parcel ID #: Legal Description (Use additional page[s] if necessary): ____________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ ____________________________________________________________________________________ Common Address of Property Involved (or General Description if no Address Exists): Docket Number associated with original PUD:___________________________________________ Detailed Description of the requested Modification of the UDO or PUD requirements: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ _________________________________________________________________________________________ Filename: Ordinance Amendment 2020.docx Revised 12/31/2019 Page 2 APPROVAL PROCESS The following is a chronological listing of the steps required for processing an ordinance amendment application. 1.Initial discussion with staff regarding applicable changes to the ordinance text or exhibits. 2.As of January 1, 2019, electronic-only submittals are accepted. Plans are to be submitted electronically through ProjectDox, Carmel’s ePlan review software. Please see the Electronic Plan Review handout for more information on the process and what needs to be submitted. (Initially, only the filled out application needs to be emailed to DOCS.) 3.Developer files electronic application and required material to be placed on the Plan Commission docket, if public hearing is required. 4.If applicable, submit plans to TAC (Technical Advisory Committee members) for their review. 5.Administrative review by the Department of Community Services staff. 6.The Technical Advisory Committee reviews the plan and offers review comments and recommendations. 7.Petitioner obtains list of all property owners within a 660 foot radius (or 2 properties deep, whichever is less) of the subject property from the Hamilton County Transfer & Mapping Office (in Noblesville). 8.Petitioner prepares legal notices for property owner notification and newspaper advertisement and advises staff. 9.Petitioner submits newspaper advertisement to newspaper of general circulation in Hamilton County (Current in Carmel) at least 21 days prior to the public hearing. 10.Petitioner mails first class mail (with certificate of mailing) notice to all property owners within 660 foot radius at least 21 days prior to the public hearing and places a notice of public hearing sign on the site. 11.Petitioner prepares information packets for the Plan Commission, to be submitted no later than noon, 10 days prior to the first public hearing. The following is a list of items that should be included in each Plan Commission Member’s info packet: 1. Cover Page 4. Location Map 2. Brief Description of the project 5. Any other supporting information 3. Old and New Ordinance(s) 12. Plan Commission Meeting Agenda is posted 10 days prior to meeting by Staff, and staff reports are released 5 days prior to meeting. 13. Plan Commission holds public hearing and gathers information from public. 14.The Plan Commission refers project to a Sub-Committee for further review and suggestions. 15. The Committee will forward the project to the full Plan Commission with a recommendation. Upon return, the Plan Commission will either approve or deny at this time. 16. If approved, the Petitioner is responsible for recording the amended ordinance at the Hamilton County Recorder’s Office and also providing the Planning Dept. with a copy of that recorded document. 02/14/2020 02/14/2020 DULY ENTERED FOR fAXATIOfl0 Subject to final acceptance for transfer -ijLday of Ocfe&x-. ZOM 7?£filJU4j Audftor of Hamflton County Parcel # ________ $24.0010/15/2008 09^26:360 5 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented (PA'DEED OF RECONVEYANCE36Document Cross Reference No. 20030087399 THIS INDENTURE is executed by the Board of Commissioners of Hamilton County, Indiana (the “Board ”) and is based upon the following: The Board acquired the property more particularly described in Exhibit “A” attached hereto (die “Real Estate”) by the Limited Warranty Deed executed and delivered by Clay Terrace Partners, LLC to the Board, recorded on August 28,2003 as Instrument No. 200300087399 in the Office of the Recorder of Hamilton County, Indiana; 1. 2.A drawing showing the location of the Real Estate is attached as Exhibit “B”; 3. The Real Estate was conveyed to the Board on the condition that it be reconveyed to Clay Terrace Partners, LLC upon (a) the determination by the Board that the Real Estate will not be used for the construction of public road improvements; or (b) if construction of public road improvements at the Real Estate has not commenced by January 1,2010; 4. The Board has determined that the Real Estate will not be used for public road improvements and that the Real Estate therefore should revert to and be reconveyed to Clay Terrace Partners, LLC. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Board hereby quit claims, bargains, sells, conveys, transfers and assigns to Clay Terrace Partners, LLC, an Indiana limited liability company, all right, title and interest of the Board in and to the Real Estate. > IN WITNESS WHEREOF, the Board has caused this Deed of Reconveyance to be executed to be effective as of October 13,2008. BOARD OF COMMISSIONERS OF HAMILTON COUNTY / , / Steven A. Holt Steven C,ier ATTEST: Christine AltmanM 77UM^ Robin MMills, Auditor STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public this 13® day of October, 2008, personally appeared the within named Steven A Holt, Steven C. Diliinger, and Christine Altman, as the Board of Commissioners of Hamilton County, and Robin M. Mills, as the Auditor of Hamilton County, and acknowledged the execution of the foregoing document ‘iWtiwSj? my hand and official seal. ..-“oHV,***‘m*®*. ‘My fejOTtfe 6y N^hTeW- Howard. Attorney tt Law, 694 Logon Street, Nobteivdlc, Indiana, 46060, T75<4212. \ afTImk undc^rt^penolrtes that I have taken reasonable care to redact each social security number i’r^thq requited by law. Residing in Hamilton County, IN Noi -r Michael A. Howard "'TJca 'TWv>w_ '$e^V\4UW*rvvi*w VcM^V-LO^A EXIMPTFROM SALES DISCLOSURES I / A put of the Northeast Quarter of Section 24, Township i S North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast comer of Kid Northeast Quarter Section; thence South 88 deptes 47 minutes 30 seconds West (assumed bearing) along the north iine thereof a distance of 1305,54 fart to the Northeast comer of the Bast Hdf of said Northeast Qatrier Section; thence South 00 degree 00 minute 09 seconds East along the west Una thereof a distant* of 85.32 feet to foe south Right-ofWay line of 146th Street; thence North 88 degrees 47 minutes 30 seconds East along the south tine thereof a distance of 604.33 feet to the east Rjgbt-of-Wey line of Clay Temre Boulevard, the foPowing four courses are along said east Right-of-Way tine; (l) thence South 00 degree 00 minute 06 seconds East a distance of 557.56 feet; (2) theee* Sooth 41 degrees 32 minutes 03 eeeonds East a dlctanee of $2,57 feet; (3) thence South 23 degree* 06 minutes 48 seconds West a distsnea of 70.87 Am; (4) thence South t! degrees 02 minutes 34 second* East a distance ef 486,76 feet to the ?c«M of Beginning; thence South $5 degree* 0) minute 40 seconds East a distance of 10.53 fort; thence North 80 degrees 00 minute 2? seconds East a distance of 109.30 fort to a notrtangent curve ooneave northwesterly having a reditu of 1133,81 fort and a radius point which bears North 21 degrees 01 minute 40 second* West; thence northeasterly •tong said curve an are distance of 306.28 fart to a point which bears South 36 degree* 30 minute 19 seconds East from the radius point and to a oon-tangart curve eonMvtTKHtinvaueriy having a radius of $62.00 feet and a radius point which bean North 44 degrees 56 minutes 58 seconds West; thence northeasterly along said curve an am distance of 434,04 f«s to a poioi which bears South 89 degrees 12 minutes 0) seconds East from the radius potst, add point betas on foe west Righi-of-Way line of U.S. 31; thence South 00 degrees 05 rnfmitee 52 ssoonds East along said west Rfghl-of-Way line a distance of 1057.55 feet to a oott-tangent curve concave southwesterly having a radius of 402.00 foet and a radius point which bean South 88 degrees 02 minutes 24 seconds West; thence northwesterly tlong said curve an arc distance of 687.82 fort to • point which bean North 09 degrees 59 minutes 34 seconds Wert from foe radius point; thence South 80 degrees 00 minute 27 seconds Wert a distance of 4636 fort; thence South 34 degrees 58 minutes 20 seconds Wert a distance of 10.07 foet to said east Right-of-Wey line; thence North t i degrees 02 minutes 34 eeoond* West dong foe east line thereof a distance of 144,60 fort to the Point of Beginning. Containing 3.855 acres, more or less. i !• 3 EXHIBIT A• I'ii- US.S,SisilAcrttt-4P?■WW flMHHIlMOJ.pHh Wemm&timwisrwIf! »,1w*«Sto&i /■M«^ _ ——|^-«rr°«•o~ m$i« «II*XT>i<m«f't—i*\* **=A3jay-i*jbufc»**i!.II,««nwflawiH^vE^fBfT 8 -"-mgg&sr''- •»««!«Sia* rirtarI©(£UTH»J» V&CBA&. • Ai • BENCHMARK SURVEYING. INC. ^m0” .jjitine*------------------------------------------- . Donn M. 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Chu Wri lilt Mnt, men orki*. 1/ \ : ;r. t lM>5t ^re* ii * \ >« ii\ ■■ s « \ i\\ N\\ Prtpmi fm LAND EXHIBIT - CENTER RAMP SHEET I IntfenopeRa, IN .flSS8m of 1 Aftoony ASOraoK Cla/ TarroM ftmpd, in 5a«M Now*Dravn b/Drowtng Ha I-18784APatM 8/30/03 JMF PYT-TIRTT P; P. 7 DULY ENTERED FOR TAXATION*^ Subject to tinai acceptance for transfer SW day Parcel #- - - - - - - - - - - - - - - - - - - - 20_5iA 200300060576 Filed for Record in jc&INDlflMfl 06-24-E‘OOS fit 0£;i4 nip CORP W DEED 18, So' it- /fc -of. - oofo. ooo COPORATE WARRANTY DEED THIS INDENTURE WITNESSETH, that Electrifix, Inc., an Indiana corporation (“Grantor”), CONVEYS AND WARRANTS to CLAY TERRACE PARTNERS, LLC, an Indiana limited liability company, (“Grantee”) for the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the real estate located in Hamilton County, in the State of Indiana and more particularly described in Exhibit “A” attached hereto and by reference made a part hereof (the “Real Estate”). The conveyance herein described is subject to: (i) current, non-delinquent real estate taxes and assessments; (ii) all easements, agreements, restrictions, encumbrances and rights-of- way of record; and (iii) the state of facts revealed by a certain survey prepared by Benchmark Surveying, Inc. dated April 9, 2003 as Project No. 1-18669, last revised May 2, 2003. The undersigned person executing this Deed on behalf of Grantor represents and certifies that he is the p/? guTifP FvflTof Electrifix, Inc., an Indiana corporation, and has been fully empowered, by proper resolution of the Board of Directors of Electrifix, Inc., to execute and deliver this Deed; that Grantor has full corporate capacity to convey the Real Estate; and that all necessary corporate action for the making of such conveyance has been taken and done. t'H. IN WITNESS WHEREOF, Grantor has executed this Warranty Deed this &C) day of 2003.J OKft Electrifix, Inc., an Indiana corporation STATE OF INDIANA ) )SS: COUNTY OF HM Id u ) Before me, a Notary Public in and for said County and State, personally appeared 3 ' fATPtl—., the n^rTT of Electrifix, Inc., an Indiana corporation, who, after having been duly sworn, acknowledged the execution of the foregoing Corporate Warranty Deed. >f /?, 2003.WITNESS, my hand and Notarial Seal this p. q> d; ) Not^rf Public( My Commission Expires:MwCounty of Residence: Molar/ Pirtjfie SesS w Stsla of Indiana fc GREGOPW | M/ Resident of Boons Co. K S' jf &Smw Send Tax Statements to Grantee at:Clay Terrace Partners, LLC c/o Lauth Property Group 9777 North College Avenue Indianapolis, IN 46280 Attn: Gregory C. Gumik This instrument prepared by E. Joseph Kremp, Attorney at Law, Wooden & McLaughlin LLP, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204-2019. 2 EXHIBIT A TRACT/ Part of Lots #4 and #5 in Rolling Acres Resubdivision, an Addition in Hamilton County, Indiana, as recorded in Plat Book 2, Pages 34 and 35 in the Office of the Recorder of Hamilton County, Indiana, being more particularly described as follows: Beginning 186.0 feet Northwesterly from the intersection of the line between Lots 3 and 4 with the West right of way line of U.S. Highway #31 and on said Lot line; thence Southwesterly 188.96 feet to a point on the Southwest line of Lot #5, distant 181.99 feet Southeast of the Northwestern most corner of said Lot #5; thence Northwesterly on and along the Southwest line of Lots #5 and #4, 321.42 feet to the Westernmost corner of Lot #4; thence Northeasterly 30.1 feet to the Northernmost corner of Lot #4; thence Southeast 280.32 feet to the Place of Beginning. ALSO; Lots 1,2, and 3 in Rolling Acres Resubdivision, an Addition in Hamilton County, Indiana, as recorded in Plat Book 2, Page 34 and 35, in the Office of the Recorder of Hamilton County, Indiana. CO-SKl'.vJTr;' ? f-; TS-Sf!? EXCEPT: That portion thereof acquired by the Indiana State Highway Commission for right of way purposes for Project Sd 65(14);-Subject to a 25 foot access strip along the Easternmost and of part of Lot #3.....- —_______ ALSO: Part of Tract B in Walter's Plaza Replat of Waiter’s Plaza, Tracts A, B, C, D, E and F, an Addition in Hamilton County, Indiana, as recorded in Plat Book 2, Page 267, in the Office of the Recorder of Hamilton County, Indiana, being more particularly described as follows: Beginning at the Southeast corner of said Tract B; thence West on and along the South line of said Tract B, 417.53 feet; thence North perpendicular to said line 41 feet to a point on the centerline of the Mount Carmel Interceptor Sewer; thence parallel with the South line of said Tract B on and along said sewer and the extension thereof, 413.3 feet (434.15 feet measured) to the West right of way line of U.S. Highway #31; thence Southwesterly on and along said right of way line 44.15 feet (44.24 feet measured) to the Place of Beginning. 146758_1 3 '“S* £00300060583 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 06-£4-£003 At 0£:14 ps. Q C DEED 18.00 0?1«' 0 QUITCLAIM DEED THIS INDENTURE WITNESSETH, that ALBERTA WALTER, of Hamilton County, State of Indiana (“Grantor”), QUITCLAIMS to CLAY TERRACE PARTNERS, LLC, an Indiana limited liability company, for the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and legal sufficiency which are hereby acknowledged, the real estate located in Hamilton County, Indiana and more particularly described in Exhibit A attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed this day of , 2003.J U yvM ’ dllstJtaJ Alberta Walter STATE OF INDIANA ) jJarndUsS?])SS. COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Alberta Walter, who, after having been duly sworn, acknowledged the execution of the foregoing Quitclaim Deed. WITNESS, my hand and notarial seal this 0. HARRISI Johnson County 1 N SiL D Wv Commission Expires1 October 4.2008 lYjgjjy of , 2003. ( T. ), Notary Public My Commission Expires:MvCounty of Residence: DULY ENTERED FnR TAXATION-^ Subject to final acceptance for transfer <3*/ day nf ^ OOS.O^XJ Send Tax Statements to :Clay Terrace Partners, LLC c/o Lauth Property Group 9777 North College Avenue Indianapolis, IN 46280 Attn: Gregory C. Gurnik 20£i_ Auditor of Hamilton County fi coo This instrument prepared by E. Joseph Kremp, Attorney at Law, Wooden & McLaughlin LLP, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204-2019. 146710-1 (1750-0226) EXHIBIT A Modem Land Description Clay Terrace A part of the Northeast Quarter and Southeast Quarter of Section 24, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northeast comer of said Northeast Quarter Section; thence South 88 degrees 47 minutes 30 seconds West (assumed bearing) along the north line thereof a distance of 1305.54 feet to the Northwest comer of the East Half of said Northeast Quarter Section; thence South 00 degrees 00 minutes 09 seconds East along the west line thereof a distance of 65.63 feet to the south Right-of-Way line of 146th Street and the Point of Beginning, the following eight courses are along said existing Right-of-Way line; (1) North 88 degrees 47 minutes 35 seconds East a distance of 212.22 feet; (2) thence North 88 degrees 47 minutes 30 seconds East a distance of 112.97 feet; (3) thence South 88 degrees 02 minutes 29 seconds East a distance of 12.11 feet; (4) thence South 88 degrees 01 minute 43 seconds East a distance of 157.88 feet; (5) thence South 88 degrees 00 minutes 39 seconds East a distance of 7.45 feet; (6) thence North 88 degrees 47 minutes 30 seconds East a distance of 85.30 feet; (7) thence South 83 degrees 55 minutes 53 seconds East a distance of 77.66 feet; (8j thence North 88 degrees 47 minutes 30 seconds East a distance of 640.47 feet to the East line of said Northeast Quarter Section; thence South 00 degrees 01 minutes 01 seconds East along the east line thereof a distance of 1956.05 feet to the south line of property as described in Corrective Personal Representative's Deed to Hontos recorded as Instrument Number 9909918483 in the Office of the Recorder of Hamilton County, Indiana; thence South 88 degrees 51 minutes 27 seconds West along the south line thereof distance of 134.44 feet to the northeast comer of Tract B as described in the Replat of Part of Walters' Plaza Replat, recorded in Plat Book 7, Page 126 in said Recorder’s Office; the following 3 courses are along the east line of said Tract B; (1) thence South 00 degrees 11 minutes 04 seconds East a distance of 44.24 feet; (2) thence South 02 degrees 14 minutes 46 seconds West a distance of 117.91 feet to a tangent curve to the right having a radius of 1378.61 feet; (3) thence southwesterly along said curve an arc distance of 112.94 feet (said curve being subtended by a chord bearing South 02 degrees 09 minutes 45 seconds West and a chord length of 112.91 feet); thence South 06 degrees 02 minutes 38 seconds West a distance of 50.41 feet to a non-tangent curve to the right having a radius of 1378.61 feet and the northeast comer of Tract A in said Replat of Part of Walters' Plaza Replat; the following two courses are along the east line of said Tract A; (1) thence southwesterly along said curve an arc distance of 204.24 feet (said curve being subtended by a chord bearing South 10 degrees 50 minutes 40 seconds West and a chord length of 204.06 feet); (2) thence South 27 degrees 15 minutes 00 seconds West a distance of 40.25 feet; thence South 26 degrees 05 minutes 54 seconds West along the east line of part of Tract B in Walter’s Plaza Replat of Walter's Plaza, Tracts A, B, C, D, E and F, as recorded in Plat Book 2, Page 267, a distance of 46.08 feet to a point on the south line of said Northeast Quarter and the north line of Rolling Acres Resubdivision as recorded in Plat Book 2, Pages 34 and 35 in said Recorder's Office; said point being distant 225.77 feet from the southeast comer of said Northeast Quarter Section; thence South 26 degrees 05 minutes 54 seconds West a distance of 9.71 feet; thence South 15 degrees 33 minutes 38 seconds West a distance of 213.92 feet to a non-tangent curve to the right having a radius of 1392.39 feet; thence southwesterly along said curve an arc distance of 48.64 feet (said curve being subtended by a chord bearing South 21 degrees 00 minutes 31 seconds West and a chord length of 48.64 feet) to the north line of Lot 4 in said Rolling Acres Resubdivision and a point distant 5 5.24 feet from the northeast comer thereof; thence North 60 degrees 55 minutes 39 seconds West along the north line thereof a distance of 130.76 feet; thence South 30 degrees 04 minutes 37 seconds West a distance of 188.26 feet to the south line of Lot 5 in said Rolling Acres Resubdivision and a point distant 181.99 feet from the northwest comer thereof; thence North 31 degrees 25 minutes 3 3 seconds West along the south line thereof and the south line of Lot 4 a distance of 321.42 feet to the northwest comer of said Lot 4; thence North 34 degrees 52 minutes 27 seconds East along the west lines of Lots 3 and 4 in said Resubdivision a distance of 90.49 feet to the south line of said Northeast Quarter Section; thence North 88 degrees 51 minutes 27 seconds East along the south line thereof a distance of 1.54 feet; thence North 01 degrees 08 minutes 33 seconds West a distance of 41.00 feet to the southwest comer of said Tract A; thence North 01 degrees 08 minutes 33 seconds West along the west line thereof a distance of 216.31 to a point on a non-tangent curve concave southeasterly having a radius of 393.77 feet and a radius point bearing South 18 degrees 41 minutes 04 seconds East; thence northeasterly along said curve and the north line of said Tract A an arc distance of 70.31 feet to a point bearing North 08 degrees 27 minutes 13 seconds West from the radius point and a point on a non-tangent curve concave east having a radius of 546.00 feet and a radius point bearing North 80 degrees 23 minutes 38 seconds East; thence northwesterly along said curve an arc distance of 52.58 feet to the west line of said Tract B as recorded in Plat Book 7, page 126 and a point bearing South 85 degrees 54 minutes 40 seconds West from the radius point; thence North 00 degrees 11 minutes 28 seconds West along the west line thereof a distance of 275.21 feet to the south line of said property as described in Instrument Number 9909918483; thence South 88 degrees 47 minutes 52 seconds West along the south line thereof a distance of 728.14 feet to the west line of the East Half of said Northeast Quarter Section; thence North 00 degrees 00 minutes 09 seconds West along the west line thereof a distance of 1975.81 feet to the Point of Beginning. Containing 67.236 Gross acres (66.519 Net Acres), more or less. EXCEPT: Exclusion Piece A part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, in Hamilton County, Indiana, being more particularly described as follows-. Commencing at the Northeast comer of said Northeast Quarter Section; thence South 88 degrees 47 minutes 30 seconds West (assumed bearing) along the north line thereof a distance of 1305.54 feet to the Northwest comer of the East Half of said Northeast Quarter Section; thence South 00 degrees 00 minutes 09 seconds East along the west line thereof a distance of 85.32 feet to the proposed smith Right-of-Way line of 146th Street; thence North 88 degrees 47 minutes 30 seconds East along said Right-of-Way line a distance of 1084.93 feet to the Point of Beginning; thence continuing North 88 degrees 47 minutes 30 seconds East along said Right-of-Way line a distance of 124.07 feet; thence South 00 degrees 06 minutes 50 seconds West a distance of 20.96 feet; thence South 00 degrees 06 minutes 08 seconds West a distance of 58.81 feet; thence South 88 degrees 47 minutes 30 seconds West parallel with said Right-of-Way line a distance of 122.24 feet; thence North 01 degrees 12 minutes 30 seconds West perpendicular to said Right-of-Way line a distance of 79.75 feet to the Point of Beginning. Containing 0.225 acres, more or less. £0030006057 S Filed for Recerd in HAMILTON 'COUNTY. INDIANA JENNIFER J HAYDEN 06-E4-E003 At 0£:14 pn. HARR DEED ££.00'5 \WARRANTY DEED THIS INDENTURE WITNESSETH, that NIA J. HONTOS of Hamilton County, State of Indiana; ANGELO A. PAPPAS of Minnehaha County, State of South Dakota; MARY ANAGNOSTOU* GUS A. PAPPAS, of Hamilton County, State of Indianaj Personal Representative of the Estate of ANGELO M. PAPPAS, deceased,’ANGELA BAYETAKOS, individually and as Guardian of Peter A. Pappas, of Hamilton County, State of Indiana, as tenants in common (collectively, “Grantors”), CONVEY AND WARRANT to CLAY TERRACE PARTNERS, LLC, an Indiana limited liability company (“Grantee”), for the sum of Ten and no/100 Dollars ($10,00) and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the real estate located in Hamilton County, in the State of Indiana and more particularly described in Exhibit “A” attached hereto and by reference made a part hereof (the “Real Estate”). The conveyance herein described is subject to: (i) current, non-delinquent real estate taxes and assessments; (ii) all easements, agreements, restrictions, encumbrances and rights-of- way of record; and (iii) the state of facts revealed by a certain survey prepared by Benchmark Surveying, Inc. dated April 9, 2003 as Project No. 1-18669, last revised May 2, 2003. IN WITNESS WHEREOF, Grantors have executed this Warranty Deed this Zb day of , 2003.1 Q h .0 |f) y j-f iprf. Isfia J. Hontos Angelo A. Pappas f ^ » .LA A, 6 AjMary An^ostou J ^Angela Rayatakos, individually and as Guardian of Peter A. Pappas i Gus A. Pappas,Personal*Representative W J of the Estate of Angelo M. Pappas DULY ENTERED FOR TAXATION“fe Subject to final acceptance for transfer oiWday of £ TKfthJJU> Auditor of Hamilton Couniy p^rcgl # /bOf-ZHj-OQ-QQ - 0A5T coO 20i^ fit STATE OF /}</&/4/j4 ) SS. COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Nia J. Hontos, who, after having been duly sworn, acknowledged the execution of the foregoing Warranty Deed. - VWITNESS, my hand and notarial seal this day of May, 2003./O; j < V, g ;u. ), Notac^ Pufejic 1 ^ ° -A *> XT' w,' A s.rMy Commission Expires: sMb^________ My County of Residence : /'//J^_____________ STATE OF ) ) SS. COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Mary Anagnostou, who, after having been duly sworn, acknowledged the execution of the foregoing , Warranty Deed. WITNESS, my hand and notarial seal this day of May, 2003. •<**^ J 5 $ o P dw^Rablicfe10 'V /% .), Nqt^^Iic| My County of Residence: MfZtotJ____________ My Commission Expires: sfrM 2 STATE OF /&Mjo £ ) ss. COUNTY OF UftUO/t)) Before me, a Notary Public in and for said County and State, personally appeared Angela Bayatakos, individually and as Guardian of Peter A. Pappas, who, after having been , duly sworn, acknowledged the execution of the foregoing Warranty Deed. WITNESS, my hand and notarial seal this i' - C day of May, 2003.X' oI ( ), Notaf^Public '.K My Commission Expires: s/t/rf ___ My County of Residence: STATE OF ) ) SS. COUNTY OF tf/fetoi) ) Before me, a Notary Public in and for said County and State, personally appeared Gus A. Pappas, as Personal Representative of the Estate of Angelo Jr. Pappas, deceased, who, after having been duly sworn, acknowledged the execution of the foregoing Warranty Deed.h! jilliistfe PFi “•••: < r' ^ ' i/y.'ii M/3 &"lday of May, 2003.WITNESS, my hand and notarial seal this mm (JkA/c My County of Residence:My Comnussion Expires: : ^s/ti/tf 3 STATE OF S~D ) ss. COUNTY OF ^efore me, a Notary Public in and for said County and State, personally appeared Angelo M. Pappas, who, after having been duly sworn, acknowledged the execution of the foregoing Warranty Deed. ) ^^Qs^^^^l^p^notarial seal this tfiK day of May, 2003 | JAN SCHWINLER | ( a~flLA ), Notary Public My Commission Expires: L-i-nu My County of Residence: YVC\ w y-\ -e .U ex Send Tax Statements to:Clay Terrace Partners, LLC c/o Lauth Property Group 9777 North College Avenue Indianapolis, IN 46280 Attn: Gregory C. Gurnik This instrument prepared by E. Joseph Kremp, Attorney at Law, Wooden & McLaughlin LLP, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204-2019. 4 EXHIBIT “A” TRACT 3 A part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, located in Clay Township, Hamilton County, Indiana, being more specifically described as follows: BEGINNING at a point on the East line of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, said Point of Beginning being South 00 degrees 00 minutes 00 seconds (assumed bearing) 1360.30 feet from the Northeast comer of said Northeast Quarter; thence South 00 degrees 00 minutes 00 seconds 680.35 feet (measured, 680.2 feet Deed) on and along the East line of said Northeast Quarter to a point being North 00 degrees 00 minutes 00 seconds 600.80 feet from the Southeast corner of said Northeast Quarter; thence South 88 degrees 54 minutes 30 seconds West 1305.13 feet parallel with the South line of said Northeast Quarter; thence North 00 degrees 01 minutes 27 seconds West 680.20 feet; thence North 88 degrees 54 minutes 07 seconds East 1305.42 feet to the POINT OF BEGINNING, Containing 20.38 acres more or less, being subject to the right of way grant for U.S. Road Number Thirty One and the right of way grant for a frontage road adjacent to U.S. Road Number Thirty One, leaving 18.37 acres more or less, being subject to all applicable easements and rights of way of record. 146737J 5 ■0/£00300060560 Filed for Recot'd in HAMILTON COUNTY, INDIANA Jennifer j Hayden HSnS4 ”2003 0£!l4WftRR DEED O'. if- \ pni *WARRANTY DEED £0. 00 THIS INDENTURE WITNESSETH, that VIRGIL V. THORNBERRY, JR. and THELMA L. THORNBERRY, husband and wife, of Hamilton County, State of Indiana (collectively, “Grantors”), CONVEY AND WARRANT to CLAY TERRACE PARTNERS, LLC, an Indiana limited liability company, for the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the real estate located in Hamilton County, in the State of Indiana and more particularly described in Exhibit “A” attached hereto and by reference made a part hereof (the “Real Estate”). The conveyance herein described is subject to: (i) current, non-delinquent real estate taxes and assessments; (ii) all easements, agreements, restrictions, encumbrances and rights-of- way of record; and (iii) the state of facts revealed by a certain survey prepared by Benchmark Surveying, Inc. dated April 9, 2003 as Project No. 1-18669, last revised May 2, 2003. IN WITNESS WHEREOF, Grantors have executed this Warranty Deed this (Lb day of , 2003.j u wR— S^rgil V. Thom5eFryr3r. <7 ^ Thelma L. Thomberry y DULY ENTERED FOR TAXATION V) Subject to final acceptance for transfer STATE OF INDIANA ) COUNTY Auditor of Hamilton County)SS: Before me, a Notary Public in and for said County and State, personally appeared Virgi l V. Tho mberry. Jr., and Thelma L. Thomberry, who, after having been duly sworn, ^^execution of the foregoing Warranty Deed. ,\y hand and Notarial Seal this ZV' day of June, 2003. aci 33 SEAL s.* ★(abrr/i c. -Tfame&aty > n <s PublicmMSp My Commission Expires:My County of Residence: Send Tax Statements to Grantee at:Clay Terrace Partners, LLC c/o Lauth Property Group 9111 North College Avenue Indianapolis, IN 46280 Attn: Gregory C. Gumik This instrument prepared by E. Joseph Kremp, Attorney at Law, Wooden & McLaughlin LLP, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204-2019. 2 EXHIBIT “A” TRACT 10 A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the North line of the said Half Quarter Section, said point being 640.58 feet West of the Northeast Comer of said Half Quarter Section; continuing thence Westwardly along and with the aforesaid North line 170.00 feet; thence Southwardly parallel to the East line of said East Half Quarter Section 310.00 feet; thence Eastwardly parallel to the North line of aforesaid Half Quarter Section 170.00 feet; thence Northwardly 310.00 feet to the Place of Beginning. Except those parcels acquired by the Board of Commissioners of Hamilton County, Indiana within a certain Condemnation Proceeding, Board of Commissioners of Hamilton County vs. Virgil V. Thornberry Jr., and Thelma L. Thornberry, in Hamilton County Superior Court Room 1, Cause No. 29D01-9809-MI-00505, said condemnation noted by Certificate of Payment and Order Transferring Real Estate recorded July 16, 1999 in the Office of the Recorder of Hamilton County, Indiana, as Instrument No. 99-42226, more particularly described as follows: A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows; Commencing at the Northeast Comer of said Section, thence South 88 degrees 36 minutes 43 seconds West (assumed bearing) 195.218 meters (640.48 feet) along the North line of said Section to the prolonged East line of the owner's land; thence South 0 degrees 13 minutes 46 seconds East 5.030 meters (16.50 feet) along said prolonged East line to the Point of Beginning of this description, which point is on the South boundary of 146th Street; thence continuing South 0 degrees 13 minutes 46 seconds East 20.975 meters (68.82 feet) along the East line of the owner's land; thence North 84 degrees 06 minutes 32 seconds West 23.678 meters (77.68 feet); thence South 88 degrees 43 seconds West 26.00 meters (85.30 feet); thence North 88 degrees 12 minutes 30 seconds West 2.269 meters (7.44 feet) to the West line of the owner's land; thence North 0 degrees 13 minutes 47 seconds West 17.849 meters (58.56 feet) along said West line to the boundary of said 146th Street; thence North 88 degrees 36 minutes 43 seconds East 51.816 meters (170.00 feet) along said boundary to the Point of Beginning. Also excepting: A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows; Beginning at a point on the North line of said Section 88 degrees 36 minutes 43 seconds West (assumed bearing) 195.218 meters (640.48 feet) from the Northeast Comer of said Section, said point is at a Northeast comer of the owner's land; thence South 0 degrees 13 minutes 46 seconds East 5.030 meters (16.50 feet) along an East line of the owner's land; thence South 88 degrees 36 minutes 43 seconds West 51.816 meters (170.00 feet) to the West line of the owner's land; thence North 0 degree 13 minutes 47 seconds West 5.030 meters (16.50 feet) along said West line to said North line; thence North 88 degrees 36 minutes 43 seconds East 51.816 meters (170.00 feet) along said North line to the Point of Beginning. 146726-1 (1750-0226 ) 2 £00300060584 Filed for Record in HAMILTON COUNTY,JENNIFER J HAYDEN 06-24-2003 At 0£:14 pm. WARR DEED £0.00 THIS INDENTURE WITNESSETH, that WANDA L. LIEBTAG , a resident of the State of Indiana, as Personal Representative of the Estate of E. THEODORE LIEBTAG, deceased, which unsupervised estate is pending as Cause Number 49D08-0301-EU-000012 in the Marion County Probate Court, Marion County, Indiana, and MARY M. LUONGO and ANTHONY LUONGO, husband and wife, residents of the State of New Jersey, as Tenants in Common (collectively, “Grantors”), CONVEY AND WARRANT to CLAY TERRACE PARTNERS, LLC, an Indiana limited liability company, for the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the real estate located in Hamilton County, in the State of Indiana and more particularly described in Exhibit “Aw attached hereto and by reference made a part hereof (the “Real Estate”). 4 INDIANA WARRANTY DEED The conveyance herein described is subject to: (i) current, non-delinquent real estate taxes and assessments; (ii) all easements, agreements, restrictions, encumbrances and rights-of- way of record; and (iii) the state of facts revealed by a certain survey prepared by Benchmark Surveying, Inc. dated April 9, 2003 as Project No. 1-18669, last revised May 23, 2003. IN WITNESS WHEREOF, Grantors have executed this Warranty Deed this^&^day of 2003.JaSve , Wanda L. Liebtag, {Personal Representative of Mary M. LufllSgo (S the Estate of E. Theodore Liebtag, deceased AntonyLuongo 7 DULY ENTERED FOR TAXATION p Subject to final acceptance for transfer day of __ 70 °*> Auditor of Hamilton County ’ ! /(c'D^- a«/* eo-oo-rfP STATE OF ) SS. COUNTY OF /HbZtffO ) Before me, a Notary Public in and for said County and State, personally appeared Wanda L. Liebtag, Personal Representative of the Estate of E. Theodore Liebtag, deceased, who, after having been duly sworn, acknowledged the execution of the foregoing Warranty Deed. my hand and notarial seal this day of/X**^WITNESS,, 2003. ££ ( CAWitoUb.), Notary Public V-K 1My Commission Expires:My County of Residence: 6>/w(b$/**&*<>*)> . 'Q'*> \« sY STATE OF /WW )X;C ^V'' »\s) ss. COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Mary M. Luongo and Anthony Luongo, who, after having been duly sworn, acknowledged the execution of the foregoing Warranty Deed. WITNESS, my hand and notarial seal this day ojjv** , 2003. li ), Notary jfobfic " /.'*/ « kA ‘ ( c&f/t »■> «< ^ / My Commission Expires:6km My County of Residence: /AAt/efr________y- Or\ K'J/ *c ■Send Tax Statements to:Clay Terrace Partners, LLC c/o Lauth Property Group 9777 North College Avenue Indianapolis, IN 46280 Attn: Gregory C. Gurnik V'' This instrument prepared by E. Joseph Kremp, Attorney at Law, Wooden & McLaughlin LLP, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204-2019. 2 rxmttTT “A*’ Tract 1 A part of the East half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, described as follows: Beginning at the Northeast comer of the Northeast quarter of Section 24, Township 18 North, Range 3 East; thence South along the East line of said Quarter section 680.00 feet to a point; thence West parallel with the North line of said Quarter section 639.71 feet to an iron stake, said point being 666.0 feet East of the West line of said East half; thence North parallel with the West line of the East half 680.00 feet to the intersection with the North line of said Quarter section; thence East on and along said North line 640.00 feet to the place of beginning. Containing 10 acres more or less. EXCEPT: (Right-of-Way) A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Commencing at the northeast comer of said section; thence South 88 degrees 36 minutes 43 seconds West (assumed bearing) 195.218 meters (640.48 feet) along the north line of said section to the prolonged west line of the owner's land; thence South 0 degrees 13 minutes 46 seconds East 5.030 meters (16.50 feet) along said prolonged west line to the point of beginning of the description, which point is on the south boundary of 146th Street; thence North 88 degrees 36 minutes 43 seconds East 134.360 meters (440.81 feet) along the boundary of said 146th Street to the west boundary of frontage road; thence South 1 degree 23 minutes 17 seconds East 2.043 meters (6.70 feet) along the boundary of said frontage road; thence South 71 degrees 35 minutes 19 seconds East 20.571 meters (67.49 feet) along said frontage road; thence South 2 degrees 39 minutes 48 seconds East 11.964 meters (39.25 feet) along said boundary; thence South 88 degrees 36 minutes 43 seconds West 154.405 meters (506.58 feet) to the west line of the owner's land; thence North 0 degrees 13 minutes 46 seconds West 20.975 meters (68.82 feet) along said west line to the point of beginning and containing 0.3122 hectares (0.772 acres) more or less. EXCEPT: (Existing RAV) A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Beginning on the north line of said section South 88 degrees 36 minutes 43 seconds West (assumed bearing) 60.960 meters (200.00 feet) from the northeast comer of said section; thence South 1 degree 23 minutes 17 seconds East 5.030 meters (16.50 feet) to the south boundary of a 146th Street; thence South 88 degrees 36 minutes 43 seconds West 134.360 meters (440.81 feet) to the west line of the owner's land; thence North 0 degrees 13 minutes 46 seconds West 5.030 meters (16.50 feet) along said west line to said north line; thence North 88 degrees 36 minutes 43 seconds East 134.258 meters (440.48 feet) along said north line to the point of beginning and containing 0.0675 hectares (0.167 acres) more or less. EXCEPT: 3 tr'ZSlfrlssd{ jo djoui S9J0B oz ^ururejao^ SuiuuiSaqjo oon\d sqi o\ isaj u so£I sousifl is«H P!138 wpjo Jauioo ^ssMqyoj^ dijl jo ipnos J99J S'6L9 Saiaq juiod pres aousqi ‘ajfsjs uoji ire o; pqj £ 089 aouaq;■zm 1SB3 P!«s JO 3OT[ JS9M «P 01J99J 90£I JS3AV souaqj -luiod e OJ p9j £ 089JlBq 1^3 presjo aunip 8uo{B pire uo qinos sousq; tiseg £ aStre^j ‘ipio^ si diqsuMox ‘frZ uoip9Sjojpi| jdiuoo jseaqijofvi sq; jo qinog Iddj 0 089 Iiqod e re guiuuiSsg .’SAvoqoj sb pdquosdp ISBg £ ©Sireg ‘qyoM g i diqsuAvox lpz uopoas jo J9iren() jSB9quoM sqj jo jfBq jSBg sqj jo jred yISBg 9oqijoISB3ZP«JXss9[ jo 9Joui £s9job SZZ'O 8uiurereo3 8uiuui89qjo retog 9qj o; jaoj SL'6L J° souBjsip b 9uii ^M-JO-mSm pres °J -reinoipiredred js^M spuoo9s o£ S9}nunu zi S99i89p io quo^i aoireqi ‘re9j PZ'ZZl jo ooireisip b 9uq XB^v-J0-;q8ra pres q;iAv pipusd re^AV spuooss o£ sainunu ip S99j§ap gg qjnog 90U9q 96 "02 jo oob 9ui[ ^B^v-jo-)q8rg pres 8uo{e iSBg spuooos q£ S9itiuim ip s99iS9p gg quofq Sumuireod 90U9qi fSurouiSsg jo juioj gqi o; J99J £6>80l J° ooireisip b 9uq ^B^-jo-iqSrg pres gaojB re®3 spuoo9S 0£ S9imiitu IP S99J§9p gg qjjoj\i oouoqi !p9JJS qi9t?i jo 9uq XByvV-Jo-iqSrg qinos posodoidgqi Suore iSBg spuoogs 60 S9inunu 00 S99JS3p 00 qinog 99U9q; ‘uoipog joiren^) reB9qMOj^ pres jo j[BH JSBg 9qi jo joiuoo }S9Mq)jOfq 9qi oj p9j ^gg0£I jo 90irejsip b j09J9qi 9uq quou dip 8uo|b (8uuB9q p9uinssB) isoAV spuooos o£ $9)numi ip S99i89p gg qinog 90U9qj ‘uoipog J9jren£) reB9ipjOj^ pres jo 190109 iSB9qiiOM 9qi re 80100901010318'8£ J° ooireisip b re^AV spoooos go soinuiui 90 S99i89p 00 qreog ooooq; 'reoj JS9M spaooos 0$ S9;nuim 90 S99j89p oo qjoog ooooqi -I99j 40>21 J° doireisip»qi ‘reoj ireisip b9lp 01 J99J 2£'£8 JO dOUBlSip B J09J9qi 9011 JSO^:sMoqoj sb p9quosdp AjiBinopred 9joui 8ui9q ‘BOBipoi ‘Ajohoq ooqioreH ui ‘jSBg £ 98uBg ‘qiJOM g 1 diqsoAiox ‘PZ uoqoos jo joiren^) isB9q^o{q 9qi jo ired y < 4. 0^i-200300060586 Filed for Record in JHKE0 RN KIe T flt 0£=^\d 0°Ao^pm. £4.00WARRANTY DEED THIS INDENTURE WITNESSETH, that W & D LAND COMPANY, LLC, an Indiana limited liability company (“Grantor”), CONVEYS AND WARRANTS to CLAY TERRACE PARTNERS, LLC, an Indiana limited liability company for the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the real estate located in Hamilton County, in the State of Indiana and more particularly described in Exhibit “A” attached hereto and by reference made a part hereof (the “Real Estate”)- The conveyance herein described is subject to: (i) current, non-delinquent real estate taxes and assessments; (ii) all easements, agreements, restrictions, encumbrances and rights-of- way of record; and (iii) the state of facts revealed by a certain survey prepared by Benchmark Surveying, Inc. dated April 9, 2003 as Project No. 1-18669, last revised May 2, 2003. The undersigned person executing this Deed on behalf of Grantor represents and certifies that he is the sole Member of W & D Land Company, LLC, an Indiana limited liability company, and has been fully empowered, by proper resolution of the sole Member of W & D Land Company, LLC, to execute and deliver this Deed; that Grantor has full organizational capacity to convey the Real Estate; and that all necessary organizational action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has executed this Warranty Deed this ^ day of ,2003.0 o W & D LAND COMPANY, LLC, an Indiana limited liability companyDULY ENTERED FOR TAXATION^ Subject to final acceptance for transfer —day of r 20£2_ fyCftbJJas Auditor of Hamilton County ' 0/0.00/ B t Frank M. Hahn, sole Member /tp STATE OF fl/gfZOAM 1 COUNTY OF YMaMI ) ) SS: Before me, a Notary Public in and for said County and State, personally appeared Frank M. Hahn, the sole Member, of W & D Land Company, LLC, who, after having been duly sworn, acknowledged the execution of the foregoing Warranty Deed for and on behalf of such limited liability company. hand and Notarial Seal this /^4lay of -CT^/VE 2003. MARYLBRUSH . ^ J Hmi Public - Stati «f Arlwflo / YAVAPAI COUNTY , ^ —(kz- - - - - -. x vt .------^ ,_i- MyCommjjtpir.1 Mar.]0,20» ( ^ WMSfi ) Notary Public WTTNTRSS my My Commission Expires:My County of Residence: 3'io~2joos yAVA&ll Send Tax Statements to Grantee at:Clay Terrace Partners, LLC c/o Lauth Property Group 9777 North College Avenue Indianapolis, IN 46280 Attn: Gregory C. Gumik This instrument prepared by E. Joseph Kremp, Attorney at Law, Wooden & McLaughlin LLP, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204-4208. 2 EXHIBIT “A” TRACT 4 Part of the East half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning on the North line of the East half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East 810.48 feet South 88 degrees 47 minutes 30 seconds West (assumed bearing) from the Northeast comer of said Northeast Quarter; thence South 00 degrees 02 minutes 45 seconds East parallel with the East line of said Northeast Quarter 310.00 feet, thence North 88 degrees 47 minutes 30 seconds East parallel with said North line 170.00 feet; thence South 00 degrees 02 minutes 45 seconds East parallel with the said East line 369.8 feet to the North line of real estate described in a conveyance by Warranty Deed recorded in Deed Record 168, page 378 in the Office of the Recorder of Hamilton County, Indiana; thence South 88 degrees 51 minutes 20 seconds West parallel with the South line of said Northeast Quarter 665.09 feet to the West line of said East half thence North 00 degrees 00 minutes 50 seconds West on said West line 323.30 feet to a point 355.55 feet South of the Northwest comer of said East Half; thence North 88 degrees 46 minutes 42 seconds East 206.95 feet; thence North 00 degrees 57 minutes 39 seconds East 355.68 feet to a point on the North line of said Northeast Quarter 1092.21 feet West of the Northeast comer thereof thence North 88 degrees 47 minutes 30 seconds East on said North line 123.73 feet to the Northwest comer of real estate described in a conveyance by Warranty Deed recorded in Deed Record 209, page 211 in said Recorder's Office, being 968.48 feet West of said Northeast comer; thence South 00 degrees 12 minutes 30 seconds East on the West line of said real estate 350.00 feet to the Southwest comer thereof; thence North 88 degrees 47 minutes 30 seconds East on the South line of said real estate parallel with said North line 125.00 feet to the Southeast comer of said real estate; thence North 00 degrees 12 minutes 30 seconds West on the East line of said real estate 350.00 feet to the North line of said Northeast Quarter; thence North 88 degrees 47 minutes 30 seconds East on said North line 33.00 feet to the place of beginning. EXCEPTING THEREFROM A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Commencing at the northeast comer of said section; thence South 88 degrees 36 minutes 43 seconds West (assumed bearing) 295.193 meters (968.48 feet) to a prolonged East line of the owner's land; thence South 0 degree 23 minutes 17 seconds East 5.030 meters (16.50 feet) along said prolonged East line to the point of beginmng of this description, which point is on the South boundary of 146th Street; thence continuing South 0 degree 23 minutes 17 seconds East 15.178 meters (49.80 feet) along an East line of the owner's land; thence North 88 degrees 12 minutes 30 seconds West 3.691 meters (12.11 feet); thence South 88 degrees 36 minutes 43 seconds West 34.433 meters (112.97 feet) to a West line of the owner's land; thence North 0 degree 46 minutes 52 seconds East 14.982 meters (49.15 feet) along said West line to the boundary of said 146th 3 Street; thence North 88 degrees 36 minutes 43 seconds East 37.816 meters (124.07 feet) along said boundary to the point of beginning and containing 0.0569 hectares (0.141 acres) more or less. ALSO EXCEPTING THEREFROM A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Commencing at the northeast comer of said section; thence South 88 degrees 36 minutes 43 seconds West (assumed bearing) 247.034 meters (810.48 feet) to a prolonged East line of the owner's land; thence South 0 degree 13 minutes 47 seconds East 5.030 meters (16.50 feet) along said prolonged East line to the point of beginning of this description, which point is on the South boundary of 146th Street; thence continuing South 0 degree 13 minutes 47 seconds East 17.849 meters (58.56 feet) along an East line of the owner's land; thence North 88 degrees 12 minutes 30 seconds West 10.001 meters (32.81 feet) to a West line of the owner's land; thence North 0 degree 23 minutes 17 seconds West 17.293 meters (56.74 feet) along said West line to the boundary of said 146th Street; thence North 88 degrees 36 minutes 43 seconds East 10.044 meters (32.95 feet) along said boundary to the point of beginning and containing 0.0176 hectares (0.043 acres) more or less. ALSO EXCEPTING THEREFROM A part of the East Half of said Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Beginning at a point on the North line of said section South 88 degrees 36 minutes 43 seconds West (assumed bearing) 295.193 meters (968.48 feet) from the northeast comer of said section, said point is at a northeast comer of the owner's land; thence South 0 degree 23 minutes 17 seconds East 5.030 meters (16.50 feet) along an East line of the owner's land; thence South 88 degrees 36 minutes 43 seconds West 37.816 meters(124.07 feet) to a West line of the owner's land; thence North 0 degree 46 minutes 52 seconds East 5.033 meters (16.51 feet) along said West line to said North line; thence North 88 degrees 36 minutes 43 seconds East 37.713 meters (123.73 feet) along said North line to the point of beginning and containing 0.0190 hectares (0.047 acres) more or less. ALSO EXCEPTING THEREFROM A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Beginning at a point on the North line of said section South 88 degrees 36 minutes 43 seconds West (assumed bearing) 247.034 meters (810.48 feet) from the northeast comer of said section, said point is at a northeast comer of the owner’s land; thence South 0 degree 13 minutes 47 seconds East 5.030 meters (16.50 feet) along an East line of the owner's land; thence South 88 degrees 36 minutes 43 seconds West 10.044 meters (32.95 feet) to a West line of the owner's land; thence North 0 degree 23 minutes 17 seconds West 5.030 meters (16.50 feet) along said 4 West line to said North line; thence North 88 degrees 36 minutes 43 seconds East 10.058 meters(33.00 feet) along said North line to the point of beginning and containing 0.0051 hectares (0.012 acres) more or less. TRACT 9 Part of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, located in Hamilton County, Indiana, being more particularly described as follows: Beginning 843.48 feet West of the Northeast comer of the Northeast Quarter of Section 24, Township 18 North, Range 3 East; thence West on and along the North line of said Quarter Section 125 feet to a point; thence South on a Forward Deflection Angle of 89 degrees 00 minutes left 350 feet to a point; thence East and parallel to the North line of said Quarter Section 125 feet to a point; thence North 350 feet to the Place of Beginning. EXCEPTING THEREFROM A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Commencing at the northeast comer of said section; thence South 88 degrees 36 minutes 43 seconds West (assumed bearing) 257.092 meters (843.48 feet) to a prolonged East line of the owner’s land; thence South 0 degree 23 minutes 17 seconds East 5.030 meters (16.50 feet) along said prolonged East line to the point of beginning of this description, which point is on the South boundary of 146th Street; thence continuing South 0 degree 23 minutes 17 seconds East 17.293 meters (56.74 feet) along an East line of the owner's land; thence North 88 degrees 12 minutes 30 seconds West 38.122 meters (125.07 feet) to a West line of the owner's land; thence North 0 degree 23 minutes 17 seconds West 15.178 meters (49.80 feet) along said West line to the boundary of said 146th Street; thence North 88 degrees 36 minutes 43 seconds East 38.101 meters(125.00 feet) along said boundary to the point of beginning and containing 0.0618 hectares (0.153 acres) more or less. ALSO EXCEPTING THEREFROM A part of the East Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East, Hamilton County, Indiana described as follows: Beginning at a point on the North line of said section South 88 degrees 36 minutes 43 seconds West (assumed bearing) 257.092 meters (843.48 feet) from the northeast comer of said section, said point is at a northeast comer of the owner's land; thence South 0 degree 23 minutes 17 seconds East 5.030 meters (16.50 feet) along an East line of the owner's land; thence South 88 degrees 36 minutes 43 seconds West 38.101 meters (125.00 feet) to a West line of the owner's land; thence North 0 degree 23 minutes 17 seconds West 5.030 meters (16.50 feet) along said West line to said North line; thence North 88 degrees 36 minutes 43 seconds East 38.101 meters 5 (125.00 feet) along said North line to the point of beginning and containing 0.0192 hectares (0.047 acres) more or less. 146764-1 (1750 -0226 ) 6 OS'Mb Instruuent £003000&05SeWARRANTY DEED THIS INDENTURE WITNESSETH, that ALBERTA WALTER, of Hamilton County, State of Indiana (“Grantor”), CONVEYS AND WARRANTS to CLAY TERRACE PARTNERS, LLC, an Indiana limited liability company, for the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the real estate located in Hamilton County, in the State of Indiana and more particularly described in Exhibit “A” attached hereto and by reference made a part hereof (the “Real Estate”). The conveyance herein described is subject to: (i) current, non-delinquent real estate taxes and assessments; (ii) all easements, agreements, restrictions, encumbrances and rights-of- way of record; and (iii) the state of facts revealed by a certain survey prepared by Benchmark Surveying, Inc. dated April 9, 2003 as Project No. 1-18669, last revised May 2, 2003. IN WITNESS WHEREOF, Grantor has executed this Warranty Deed this day of ,2003.1 DULY ENTERED F0RTAXATI0N)6 Subject to final acceptance for transfer day £.olyun_, Auditor of Hamilton Counly ^I?reel # /(e'09' o'y-ot** Alberta Walter .,20.22 £00300060582 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 06-24-E003 At 0£:i4 pm. WARR DEED 18.00 St ATE OF INDIANA ) )SS:kL; i-fg^oCOUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Alberta Walter, who, after having been duly sworn, acknowledged the execution of the foregoing Warranty Deed. my hand and Notarial Seal thi^-g^%^clay of SABRINA J. HARRIS : V/ f) f\ I ( Johnson County ' \ 't—' "’“S" i J. ^NotoxyPubUc My County of Residence: WITNESS,, 2003. AA-O My Commission Expires: CW *42-^j>-Ev\^gv ----^ Send Tax Statements to Grantee at:Clay Terrace Partners, LLC c/o Lauth Property Group 9777 North College Avenue Indianapolis, IN 46280 Attn: Gregory C. Gurnik This instrument prepared by E. Joseph Rremp, Attorney at Law, Wooden & McLaughlin LLP, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204-2019. 2 EXHIBIT "A" Tract 5 Tract A in A Replat of Part of Walter's Plaza Replat, the plat of which is recorded in Plat Book 7, page 127 in the Office of the Hamilton County, Recorder, Hamilton County, Indiana. Tract 6 Tract B in A Replat of Part of Walter’s Plaza Replat, the plat of which is recorded in Plat Book 7, page 127 in the Office of the Hamilton County, Recorder, Hamilton County, Indiana. Hamilton County, Indiana 0 0.1 0.20.05 mi 0 0.15 0.30.075 km 1:6,000 CLAY TERRACE PUD AMENDMENT AERIAL LOCATION MAP 146TH ST US 31REAL ESTATE CLAY TERRACE BLVDK E Y S T O N E P K Y LOWES WAY Sponsor: Councilor ______ Version | 02.19.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance ORDINANCE NO. _-___-__ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE CLAY TERRACE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 9.05 of the City of Carmel Unified Development Ordinance Z-625- 17, (the “UDO”) provides for the establishment of a Planned Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to 1.C. § 36-7-4-1500 et seq., it adopts this ordinance, (the “Ordinance”), as an amendment to the UDO. Section 1. Applicability of Ordinance: Section 1.1. The Official Zoning Map of the City of Carmel and Clay Township, a part of the UDO, is hereby changed to designate the land described in Exhibit A, (the “Real Estate”), as a planned unit development district. Section 1.2. Development in the planned unit development district shall be governed entirely by the provisions of this Ordinance, with the exception that provisions of the UDO specifically referenced within this Ordinance shall also apply. Section 1.3. Any capitalized term not defined herein shall have the meaning as set forth in the UDO. Section 2. Permitted Primary Uses: Clinic or medical health center College or University Financial Institution General Offices and coworking Hardware Store (less than 50,000 square feet and not utilizing the warehouse format described in the excluded primary uses below) (including enclosed Lumberyard and attached Garden Center) Specialty design and home-decor stores or centers (current examples being stores such as Restoration Hardware and Pottery Barn). Multiple-Family Dwelling Insurance Office Professional Office Recording Studio Hotel Health Club or Spa Movie theater (indoor) Utility company business office Restaurant (may include a walk-up or pick up window to pick up pre-ordered items and/or drive through ordering and pick up windows) Comedy, musical and/or theatrical entertainment venue (indoor) Version | 02.19.20 Page | 2 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Outdoor sales such as sidewalk sales, art fairs and cultural events (may include sidewalk kiosks and/or use of green space and event space) Grocery Store Retail Uses* Recreational Facility, Commercial Indoor (such as arcades, bowling alleys, miniature golf or similar use) Farmers Market Food Trucks Outdoor Entertainment (Examples include: outdoor concerts, temporary outdoor movie theaters, temporary outdoor ice-skating rinks Health/Fitness Facilities Kiosks and Similar Structures, Permanent or Temporary (Limited to green space areas) * Retail Uses shall include, but are not limited to, sales of merchandise, consumer goods and equipment; drug stores; pet shops; liquor stores; auto leasing offices; and indoor automobile showrooms and sales. Section 3. Excluded Primary Uses: Amusement Park Outdoor automobile sales or leasing Automobile service station or filling station Boat sales Bulk storage of petroleum products Car wash Carnivals and circuses Commercial warehouse storage Disposal or storage of hazardous or radioactive materials Industrial Equipment sales or repair Flea market Fertilizer manufacturing Garbage disposal plant/sanitary landfill Go-cart track Grain elevator Industrial uses—heavy Junk and/or salvage yard Commercial kennel Manufactured housing sales Miniature golf (outdoor), Permanent Mobile home court Movie theater (outdoor), Permanent Penal or correctional institution Plant nursery Water slide Refining or manufacturing of petroleum products Refining or manufacturing asphalt, cement, gypsum, lime, wood preservatives Roadside sales stand; parking lot or outdoor temporary sales except as allowed in Section 2 Sand and gravel extraction or sales Self-storage/mini-warehouse facilities Sexually oriented business Single-family residence Small engine sales or repair Stock yards, slaughtering, leather curing and tanning Truck stop Reclaiming processes involving materials and/or chemicals that are considered dangerous to the health, safety, and welfare of Home improvement center having a building footprint of greater than 50,000 square feet. A store or center utilizing the large warehouse format for sale of lumber and building Version | 02.19.20 Page | 3 Ordinance _-___-__ | Clay Terrace PUD District Ordinance the general public as determined by the State of Indiana, Hamilton County or the City materials currently used by companies such as Lowes, Menards and Home Depot, but not including the specialty design or home-decor stores listed in the permitted primary uses. Section 4. Accessory Buildings and Uses: All accessory buildings and uses which are permitted in the B-2 zoning district shall be permitted, except that any detached accessory building shown in any Development Plan (“DP”) shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Section 5. Minimum Tract Size: The minimum tract size is 5 acres. Section 5 of this Ordinance does not however preclude the sale or other transfer of any parcel of land that is less than five (5) acres within a tract after the approval of a DP for the entire tract. However, the development of the parcel must still conform to the Final Development Plan (“FDP”) for the entire tract as approved or amended by the Director, and all other applicable requirements contained in this Ordinance. Section 6. Height, Area and Architectural Requirements: Section 6.1. Maximum Building Heights: All uses: one hundred (100) feet for buildings located east of Clay Terrace Boulevard; seventy (70) feet for buildings located west of Clay Terrace Boulevard and more than three hundred (300) feet from the west property line or a single family residential zoning district; and fifty-five (55) feet for buildings located west of Clay Terrace Boulevard but less than three hundred (300) feet from the west property line or a single family residential zoning district. Section 6.2. Minimum Building Height: The minimum building height is eighteen (18) feet, with a minimum of sixteen (16) feet to the lowest eaves for a building with a gable or hip roof; excepting for standalone buildings not abutting Clay Terrace Boulevard, which shall have a minimum building height of twenty-five (25) feet. Permanent or temporary kiosks and similar structures shall have a minimum building height of twelve (12) feet. Accessory buildings and screened delivery areas are exempt from the requirements of this Section. In the ADLS approval process, building heights along Clay Terrace Boulevard will be reviewed to avoid long building facades at the same height. Section 6.3. Minimum Building Setbacks: The minimum building setback shall be at least thirty-five (35) feet from the current U.S. Highway 31 right-of-way. Along the right- of-way of 146th Street, the minimum building setback shall be 45 feet. There shall be no minimum setback for those buildings oriented toward and adjacent to the Clay Terrace Boulevard right-of-way, but there shall be a maximum building setback of twenty-five (25) feet, except there shall be no maximum building setback for buildings surrounding green space or event space. Existing buildings and structures shall be exempt from this maximum building setback requirement. Additionally, there shall be no setback requirement for any new road constructed for a hotel. Kiosks and Similar Structures shall not have minimum, nor maximum, building setback requirements. Section 6.4. Minimum Gross Floor Area: Version | 02.19.20 Page | 4 Ordinance _-___-__ | Clay Terrace PUD District Ordinance A. All buildings, which are east of Clay Terrace Boulevard and are not connected to or an integral part of the Clay Terrace Boulevard streetscape development, shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). Provided, however, that one standalone restaurant building east of Clay Terrace Boulevard (single-tenant or multi-tenant) is allowed and shall have a minimum of 6,000 square feet of gross floor area. B. Any building having a building footprint of greater than eighty thousand (80,000) square feet shall be located east of Clay Terrace Boulevard. Any tenant in a building located west of Clay Terrace Boulevard may however, occupy more than eighty thousand (80,000) square feet of gross floor area (For purposes of this Ordinance, the term “tenant” includes an owner/occupant of a building.) C. Permitted accessory buildings and permanent or temporary kiosks and similar structures within greenspace areas need not meet the minimum floor area requirement. Section 6.5. Architectural Design Requirements: A. Suitability of building materials: A minimum of three materials shall be used for building exteriors, from the following list: stone, architectural masonry, architectural pre-cast (panels or detailing), architectural metal panels, glass, EIFS, fiber cement board or ornamental metal. B. All buildings shall be designed in order to eliminate monotonous box buildings. C. Sloped roofs shall be a maximum of one hundred fifty (150) feet without a change in roof plane, or gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. D. The building facades shall consist of three elements: a base or foundation; middle or modulated wall; and a top formed by an articulated cornice. E. Fixed or retractable awnings are permitted. F. Facades constructed of more than one material shall only change material along a horizontal line (not a vertical line, except in the case of an offset described in subparagraph G below or a diagonal line). G. Continuous facades of more than 200 feet wide shall be designed with vertical offsets at intervals which divide the facade. Offsets may be projecting, recessed or may be a simple change in building material or detailing. H. All window design shall be compatible with the style, materials, architectural detail and proportion of the building. I. No sign may extend above the cornice line of the building. Version | 02.19.20 Page | 5 Ordinance _-___-__ | Clay Terrace PUD District Ordinance J. Individual tenants in multi-tenant ground floor or multi-tenant multi-level buildings should strive for a unique design and graphic image and style, rather than be required to conform to a single design and graphic image and style for the building. K. Exterior lighting on the front building façade shall be architecturally integrated with the building style and materials. Rooftop lighting shall be prohibited, but ground mounted lighting is highly encouraged. L. Individual storefronts shall incorporate architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the architectural style of the building as a whole. M. Buildings which are connected to or an integral part of the Clay Terrace Boulevard streetscape development shall be at least one and one half (1 1/2) stories or be designed to appear so from the front and sides. This requirement shall not be applicable to permanent or temporary kiosks and similar structures. Retail buildings are encouraged to be two stories in height, with office, retail, or residential use on the second floor. Section 6.6. Single Tenant Buildings: Any single tenant building with a building footprint greater than eighty thousand (80,000) square feet shall be located east of Clay Terrace Boulevard. Section 6.7. Meaning of Adjacent: Unless noted otherwise in this Ordinance, the maximum distance required to be considered “Adjacent” to an existing use shall be determined by the Bufferyard Table in Section 5.19 of the UDO. Section 7. Landscaping Requirements. Section 7.1. Landscaping Plan: A landscaping plan shall be submitted to the Commission for its approval at the same time the information on architectural design, landscaping, parking, signage, and lighting, (“ADLS”) is submitted. This plan shall: 1. be drawn to scale, including dimensions and distances; 2. delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, drive-ways, signs, lighting standards, steps and other similar structures; and 3. delineate the location, size and description of all landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire tract. Section 7.2. Areas to be Landscaped. A. Parallel Roadways: 1. There shall be landscape planting areas located adjacent to the south right-of-way line of 146th Street west of Clay Terrace Boulevard, which Version | 02.19.20 Page | 6 Ordinance _-___-__ | Clay Terrace PUD District Ordinance shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 7.3 of this Ordinance. 2. These landscape areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and other similar structures. 3. Landscaping along Clay Terrace Boulevard shall be located within the right-of-way or within ten (10) feet of the right-of-way. B. Planting Within Parking Lots: Landscaping within the planting islands, planting peninsulas and entranceways (excluding all on-street parking and parking within parking decks) of the parking areas shall be of a quality to improve and enhance the site and its surrounding area, representing no less than six percent (6%) of the total surface parking area. (For purposes of this computation, landscaping along the front and sides of the building(s) and landscaping on the periphery of the tract shall not be included.) Landscaping within parking lots shall be landscaped pursuant to the standards set forth in Section 7.3 of this Ordinance. The minimum size of a parking lot island shall be 180 square feet in area. In the event the landscape material cannot feasibly fit in the planting islands, the materials can be used on the site in another area provided that the total required quantity is provided. C. Tree Preservation Areas: An area fifty (50) feet in width shall be maintained in its natural state on the western property boundary and on the south property boundary (west of Clay Terrace Boulevard) of the Real Estate except for normal pruning, removal and replacement of dead trees. A fence at least eight (8) feet in height shall be erected and maintained approximately fifty feet from the western boundary and the southern boundary (west of Clay Terrace Boulevard) of the Real Estate except as required for public road improvements and modifications. If road improvements do impact this area, the eight (8) foot fence must be replaced. D. Planting Adjacent to Standalone Buildings: 1. A planting area equal to an area measuring ten (10) feet in depth by the width of the front of a standalone building plus twenty (20) feet (to extend ten (10) feet out on both sides) shall be installed at the front of a standalone building. A retail use fronting a green space or event space shall be considered a front of a standalone building. 2. A planting area equal to an area five (5) feet in depth shall be installed on the sides of a standalone building but is not required on the rear of the building. 3. Sidewalks up to eight (8) feet in width are permitted in these areas but shall not occupy the entire area on any side of a standalone building (excepting for those areas adjacent to access points to a standalone building). 4. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped, innovative and original designs are encouraged. Version | 02.19.20 Page | 7 Ordinance _-___-__ | Clay Terrace PUD District Ordinance 5. Accessory buildings and permanent or temporary kiosks and similar structures within the greenspace area need not meet the Planting Adjacent to Standalone Buildings requirement. E. Section 7.3. Landscaping Standards. A. Interior Areas: The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. B. Parking Lot Landscaping. Landscaping within the planting islands, planting peninsulas and entranceways of the parking areas shall contain not less than one (1) tree and six (6) shrubs for each two hundred (200) square feet of interior landscaped area but shall not include any ornamental trees. C. Materials: All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 1. Shade trees: a minimum trunk diameter of 2 inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. 2. Ornamental trees: a minimum trunk diameter of 1.5 inches at six (6) inches above the ground line, a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. 3. Evergreen trees: a minimum height of five (5) feet, a width of not less than 3/5 of the height. 4. Deciduous shrubs: minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. 5. Evergreen shrubs: minimum height and spread of eighteen (18) inches. Section 7.4. Landscaping Installation and Maintenance. A. Installation: All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping that has yet to be installed and/or completed prior to the issuance of the temporary Certificate of Occupancy. B. Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a Version | 02.19.20 Page | 8 Ordinance _-___-__ | Clay Terrace PUD District Ordinance suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. C. Changes After Approval: No landscaping which has been approved by the Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor alterations in landscaping may be approved by the Director in order to conform to specific site conditions. D. Inspection: The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. Section 8. Parking Requirements: A. Motor Vehicle Parking: 1. General Parking Standards shall be according to Section 5.28 of the UDO; however, for the purposes of calculating the required number of parking spaces, a shared parking study shall determine the number of required parking spaces with shared parking among uses. Upon the review and approval by the Director, parking spaces on the Real Estate may be shared among users as long as the demand for the spaces does not coincide among users. 2. There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State of Indiana requirements. 3. Above-grade, structured parking facilities shall have on all sides visible from the street architectural features that are compatible with the principal building(s) with which they are associated. 4. Parking is prohibited within planting areas along parallel roadways. B. Bicycle Parking: The number of bicycle parking spaces provided shall be at least five (5) percent of the requirement in Section 8(A) of this ordinance. Required bicycle parking spaces shall be distributed throughout the Real Estate. Of the provided number of bicycle parking spaces, one hundred (100) spaces shall be dedicated residential long-term bicycle parking. Section 9. Lighting Requirements: A. A site lighting plan shall be submitted along with the information on ADLS. The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 1. parking lot and service/storage area lighting; 2. architectural, display lighting; 3. security lighting; 4. lighting of pedestrian and bicycle ways; 5. landscape lighting. B. The maximum height of light standards shall not exceed twenty-five (25) feet. However, when light standards abut or fall within ninety (90) feet of a Version | 02.19.20 Page | 9 Ordinance _-___-__ | Clay Terrace PUD District Ordinance residential district or use, they shall not exceed fifteen (15) feet. The fifteen (15) feet height maximum shall not apply to multi-family residential uses within this PUD district. C. All site pole lights and wall mounted lights shall be low-level, 90° cutoff luminaires and shall not spill over into adjoining properties in excess of 0.3 footcandle in commercial areas, and 0.1 footcandle in residential areas. These requirements shall not apply to the multiple-family dwelling uses on the Real Estate. D. Exterior architectural, display, decorative and sign lighting visible to the public from U.S. Highway 31 is allowed. Section 10. Other ADLS Requirements. Section 10.1. Outside Storage of Refuse or Merchandise: No outside, unenclosed storage of refuse (whether or not in containers) or merchandise shall be permitted on any tract. All refuse shall be contained completely within the principal or accessory building(s). Any accessory structure designed for refuse storage shall be architecturally compatible with the principal building. Section 10.2. Loading Berths: Any loading or unloading berth or bay visible from U.S. Highway 31 shall be screened subject to the approval of the Commission or Committee of the Commission. Section 10.3. Sign Requirements: A. Sign Plan: A sign plan shall be submitted for the Commission’s approval as part of an ADLS or ADLS amendment application. B. Sign Standards: The signs within the Planned Unit Development District shall conform to the following standards, unless specified otherwise in this Ordinance: 1. The color of the signs shall not be restricted; however, each building shall have a palette of colors approved at the time of the ADLS approval for the building. Tenants may amend the colors by petition to and upon the approval of a Committee of the Commission pursuant to the Commission’s Rules of Procedure. 2. Window signage shall be allowed for all tenants and shall conform to the standards established for window signs under Section 5.39 of the UDO. In the event that a building has been previously approved by the Commission under the ADLS approval process a tenant may seek the approval of its window signage through an amendment to the previously approved ADLS application to be approved by a Committee of the Commission. 3. Banners shall be allowed as provided for in Section 5.39 of the UDO. Provided, that banners may be installed on lighting and other fixtures located within the streetscape along Clay Terrace Boulevard Version | 02.19.20 Page | 10 Ordinance _-___-__ | Clay Terrace PUD District Ordinance in accordance with the review and approval of the proposed banners by a Committee of the Commission pursuant to the Commission’s Rules of Procedure. 4. Signage shall be consistent in design with the signage shown in Exhibit B of this Ordinance. C. Center Identification Ground Signs: 1. Three (3) Entrance Center Identification Ground Signs (Sign Type A02) each with a maximum height of forty (40) feet and a maximum sign area of 250 square feet shall be allowed at: (a) the south entrance to the development north of the intersection of Range Line Road with U.S. Highway 31; and (b) at the intersection of Clay Terrace Boulevard and 146th Street. These Entrance Center Identification Ground Signs may include tenant identification and shall have no more than six (6) tenants identified per location. 2. One (1) Highway Center Identification Ground Sign (Sign Type A01) with a maximum height of 100 feet and a maximum sign area of 300 square feet shall be allowed in the area adjacent to U.S. Highway 31. This Highway Center Identification Ground Sign may include tenant identification and shall have no more than six (6) tenants identified. 3. Four (4) Center/Tenant Identification Ground Signs (Sign Type F05) with a maximum height of thirty (30) feet and a maximum sign area of 150 square feet shall be allowed at each intersection of a private drive or public street and Clay Terrace Boulevard. Copy on these Center/tenant identification ground signs may include tenant names up to seventy (70) percent of the maximum sign area and if tenant identification is included, at least two but no more than six tenants may be identified. D. Wall Signs: Consistent with the sign standards set forth in subparagraph B. above, wall signs shall be permitted for each tenant. 1. Excepting for any standalone single or multi-tenant building adjacent to U.S. Highway 31, the Maximum Sign Area shall be determined in accordance with Section 5.39 of the UDO. 2. Wall signs shall be composed of individual letters and logos and may be illuminated by internal or external sources. 3. Tenants in buildings with more than one frontage on a public street or private drive are allowed one wall identification sign per frontage on a public street or private drive, as long as the total number of wall signs does not exceed three (3). 4. Standalone single or multi-tenant buildings adjacent to U.S. Highway 31 shall be permitted wall signs facing or oriented toward U.S. Highway 31 in accordance with Section 5.39 of the UDO. 5. There shall be no wall signs on the west facade facing a single- family residential zoning district of any multi-tenant or single tenant Version | 02.19.20 Page | 11 Ordinance _-___-__ | Clay Terrace PUD District Ordinance buildings located along or west of the west right-of-way of Clay Terrace Boulevard. 6. Office, Hotel, and Residential Towers are allowed three (3) signs per façade, which can include a rooftop sign (Sign Type F01.1, F02, and F03), canopy sign (Sign Type F01.2), and an additional wall sign. The combined square footage of these signs shall not exceed 400 square feet. Rooftop signs shall not exceed 200 square feet. E. Awning Signs: Signs may be imprinted on permanent awnings. These signs shall be secondary to the wall signage of any tenant and the sign area shall be subject to the approval of the Commission or a Committee of the Commission as a part of the ADLS or ADLS amendment approval process and pursuant to the Commission’s Rules of Procedure. F. Single Tenant Building Signs: Single tenant building signage shall be as permitted in accordance with Section 5.39 of the UDO, and as amended by Subparagraphs B and D above. G. Project Monument Identification Signs: Four (4) Project Monument Identification Signs (Sign Type A03) with a maximum height of fifteen (15) feet and a maximum sign area of 500 square feet shall be allowed. H. Trail Markers: Trail Markers (Sign Type A05) to designate walking paths and bicycle paths shall be allowed throughout the district. There shall be no limit on the quantity of Trail Markers. I. Vehicle Directional Signs: Vehicle Directional Signs (Sign Type B01) with a maximum height of sixteen (16) feet shall be allowed to direct vehicles to various destinations throughout the district. There shall be no limit on the quantity of Vehicle Directional Signs. J. Pedestrian Directories: Pedestrian Directories (Sign Type C01) with a maximum height of ten (10) feet shall be allowed throughout the district. There shall be no limit on the quantity of Pedestrian Directories. Pedestrian Directories may be digital and may have on-premises advertising. K. Placemaking Sculptures: Placemaking, art, and storytelling sculptures (Sign Type E01) shall be allowed throughout the district. There shall be no limit on the quantity or size of these sculptures. L. Parking Identification Signs: Each entrance to a parking structure shall be allowed a wall sign over the entry with a maximum square footage of 100 square feet and a perpendicular blade sign attached to the structure with a maximum square footage of 75 square feet. M. Projecting and Secondary Projecting Signs: Projecting and Secondary Projecting Signs (blade signs) shall be as permitted in accordance with Section 5.39 of the UDO, and as amended by Subparagraph B above. Version | 02.19.20 Page | 12 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Section 10.4. Rooftop Mechanical Equipment: Any rooftop mechanical equipment visible from an adjoining street or highway shall be screened with suitable walls or fencing subject to the approval procedures contained in the Commission’s Rules of Procedure. Section 10.5. Cart Corrals: Any cart corrals on the Real Estate shall be constructed of masonry materials subject to the approval procedures contained in the Commission’s Rules of Procedure. Section 11. Approval of ADLS: A. The Commission shall consider an ADLS approval application for any project on the Real Estate. B. The Commission shall approve the ADLS without conditions or approve with conditions. C. Pursuant to Paragraph A above, multi-tenant buildings shall be submitted to the Commission for ADLS approval. At that time, palettes of building materials, lighting fixtures, signage types and designs, awnings and window treatments for the tenant facades may be submitted for approval concurrently with the approval of the ADLS application for the multi-tenant building. Thereafter, tenant facades (including, but not limited to, building materials, signage, awnings and window treatments) may be submitted to the Department for approval. To the extent that there is Material Alteration from the approved items within a particular palette, then the request shall be reviewed and approved by a Committee of the Commission, pursuant to the Commission’s Rules of Procedure. D. If there is a Material Alteration in the ADLS plans, review and approval shall be made by a Committee of the Commission, pursuant to the Commission’s Rules of Procedure. E. The ADLS shall be a specific plan consisting of the architectural design of any buildings, landscaping, lighting, and signage for a site on the Real Estate. Section 12. Approval or Denial of the Development Plan and Final Development Plans: A. The Commission shall approve without conditions, approve with conditions, or disapprove the Development Plan (“DP”) for any project on the Real Estate. Provided, however, that the Commission shall not unreasonably withhold or delay the approval of a DP that is in conformance with this Ordinance and the UDO. If the Commission disapproves the DP for any project on the Real Estate, the Commission shall set forth in writing the basis for the disapproval. B. The Director shall approve without conditions, approve with conditions, or disapprove the Final Development Plan (“FDP”) for any project on the Real Estate. Provided, however, that the Director shall not unreasonably withhold or delay the approval of an FDP that is in conformance with this Ordinance and the UDO. If the Director disapproves the FDP for any project on the Real Estate, the Director shall set forth in writing the basis for the disapproval. Version | 02.19.20 Page | 13 Ordinance _-___-__ | Clay Terrace PUD District Ordinance C. An amendment to a DP or FDP which does not alter the use of any land may be reviewed and approved by the Director. However, any interested party may appeal the decision of the Director directly to a committee of the Commission. D. The DP shall be a preliminary plan for the development of real property that is submitted for approval by the Commission showing proposed facilities and structures and parking information for a site on the Real Estate. E. The FDP shall be a specific plan for the development of real property that is submitted for approval by the Director showing proposed facilities and structures, parking, drainage, erosion control, utilities and building information for a site on the Real Estate. Section 13. Commencement of Construction: If at the end of twenty-four (24) months following the date of adoption of this Ordinance by the Common Council of the City of Carmel (the “Council”), construction has not commenced on the Real Estate consistent with the provisions of this Ordinance, then Washington Prime Group, L.P. / Clay Terrace Partners, LLC, its successors or assigns, as developer, (the “Developer”), shall, upon notice, appear before the Council to update the members of the Council as to the status of the commencement of construction. At that time, Developer may request one (1) additional year, to commence construction. At the meeting, the Council shall be free to: (1) allow this Ordinance to remain in full force and effect; (2) allow this Ordinance to remain in full force and effect for one (1) additional year; or (3) repeal this Ordinance. Section 14. Violations of Ordinance: All violations of this Ordinance shall be subject to Article 10 of theUDO. Section 15. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 16. Adoption: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW.] Version | 02.19.20 Page | 14 Ordinance _-___-__ | Clay Terrace PUD District Ordinance _-___-__ PASSED by the Common Council of the City of Carmel, Indiana this _____ day of _________________, 20__, by a vote of ____ ayes and ____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Timothy Hannon Adam Aasen Bruce Kimball Laura D. Campbell Miles Nelson Sue Finkam Kevin D. Ryder Anthony H. Green Jeff Worrell ATTEST: Sue Wolfgang, Clerk Version | 02.19.20 Page | 15 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of ______________________, 20__, at _________ ___.M. Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana this ____ day of ______________________, 20__, at _________ ___.M. James Brainard, Mayor ATTEST: Sue Wolfgang, Clerk This Instrument prepared by: Steven D. Hardin, Esq. and Mark R. Leach, Land Use Planner, Faegre Baker Daniels LLP, 600 East 96th Street, Suite 600, Indianapolis, Indiana 46240. Version | 02.19.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Exhibit A Legal Descriptions PARCEL I A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST (ASSUMED BEARING) ALONG THE NORTH LINE THEREOF A DISTANCE OF 9305.54 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 00 DEGREES 00 MINUTES 09 SECONDS EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 85.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET AND THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 47 MINUTES 30 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 480.30 FEET TO THE WEST LINE OF CLAY TERRACE BOULEVARD THE NEXT SEVEN CALLS ALONG SAID WEST LINE; THENCE SOUTH 00 DEGREES 00 MINUTES 06 SECONDS EAST A DISTANCE OF 554.95 FEET; THENCE SOUTH 25 DEGREES 16 MINUTES 56 SECONDS WEST A DISTANCE OF 81.69 FEET; THENCE SOUTH 42 DEGREES 16 MINUTES 22 SECONDS EAST A DISTANCE OF 63.61 FEET; THENCE SOUTH 11 DEGREES 02 MINUTES 34 SECONDS EAST A DISTANCE OF 9102.74 FEET; THENCE SOUTH 15 DEGREES 37 MINUTES 14 SECONDS WEST A DISTANCE OF 61.21 FEET; THENCE SOUTH 38 DEGREES 38 MINUTES 53 SECONDS EAST A DISTANCE OF 71.98 FEET; THENCE SOUTH 00 DEGREES 11 MINUTES 28 SECONDS EAST A DISTANCE OF 77.59 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER AND THE NORTH LINE OF A REPLAT OF WALTER’S PLAZA REPLAT AS RECORDED IN PLAT BOOK 2, PAGE 267 IN SAID RECORDER’S OFFICE; THENCE SOUTH 88 DEGREES 47 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 728.14 FEET TO THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 09 SECONDS WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 9956.12 FEET TO THE POINT OF BEGINNING. PARCEL II A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST (ASSUMED BEARING) ALONG THE NORTH LINE THEREOF A DISTANCE OF 9305.54 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 00 DEGREES 00 MINUTES 09 SECONDS EAST ALONG THE Version | 02.19.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance WEST LINE THEREOF A DISTANCE OF 85.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET; THENCE NORTH 88 DEGREES 47 MINUTES 30 SECONDS EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 604.33 FEET TO THE EAST RIGHT-OF-WAY LINE OF CLAY TERRACE BOULEVARD AND TO THE POINT OF BEGINNING; THE FOLLOWING FOUR COURSES ARE ALONG SAID EAST RIGHT-OF WAY LINE; (1) THENCE 00 DEGREES 00 MINUTES 06 SECONDS EAST A DISTANCE OF 557.56 FEET; (2) THENCE SOUTH 41 DEGREES 32 MINUTES 03 SECONDS EAST A DISTANCE OF 52.57 FEET; (3) THENCE SOUTH 23 DEGREES 06 MINUTES 48 SECONDS WEST A DISTANCE OF 70.87 FEET; (4) THENCE SOUTH 11 DEGREES 02 MINUTES 34 SECONDS EAST A DISTANCE OF 485.76 FEET; THENCE SOUTH 55 DEGREES 01 MINUTES 40 SECONDS EAST A DISTANCE OF 90.53 FEET; THENCE NORTH 80 DEGREES 00 MINUTES 27 SECONDS EAST A DISTANCE OF 909.30 FEET TO A NONTANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 9133.81 FEET AND A RADIUS POINT WHICH BEARS NORTH 21 DEGREES 01 MINUTES 40 SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 306.28 FEET TO A POINT WHICH BEARS SOUTH 36 DEGREES 30 MINUTES 19 SECONDS EAST FROM THE RADIUS POINT AND TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 562.00 FEET AND A RADIUS POINT WHICH BEARS NORTH 44 DEGREES 56 MINUTES 58 SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 346.09 FEET TO A POINT WHICH BEARS SOUTH 80 DEGREES 14 MINUTES 01 SECONDS EAST FROM THE RADIUS POINT; THENCE NORTH 19 DEGREES 31 MINUTES 23 SECONDS WEST A DISTANCE OF 726.75 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 398.07 FEET TO THE POINT OF BEGINNING. PARCEL III A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST (ASSUMED BEARING) ALONG THE NORTH LINE THEREOF A DISTANCE OF 9305.54 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 00 DEGREE 00 MINUTES 09 SECONDS EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 85.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET; THENCE NORTH 88 DEGREES 47 MINUTES 30 SECONDS EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 604.33 FEET TO THE EAST RIGHT-OF WAY LINE OF CLAY TERRACE BOULEVARD; THE FOLLOWING FOUR COURSES ARE ALONG SAID EAST RIGHT-OF-WAY LINE; (1) THENCE SOUTH 00 DEGREE 00 MINUTES 06 SECONDS EAST A DISTANCE OF 557.56 FEET; (2) THENCE SOUTH 41 DEGREES 32 MINUTES 03 SECONDS EAST A DISTANCE OF 52.57 FEET; (3) THENCE SOUTH 23 DEGREES 06 MINUTES 48 SECONDS WEST A DISTANCE OF 70.87 FEET; (4) THENCE SOUTH 11 DEGREES 02 MINUTES 34 SECONDS EAST A DISTANCE Version | 02.19.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance OF 630.36 FEET TO THE POINT OF BEGINNING; THENCE NORTH 34 DEGREES 58 MINUTES 20 SECONDS EAST A DISTANCE OF 90.07 FEET; THENCE NORTH 80 DEGREES 00 MINUTES 27 SECONDS EAST A DISTANCE OF 46.36 FEET; TO A NONTANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 402.00 FEET AND A RADIUS POINT WHICH BEARS SOUTH 09 DEGREES 59 MINUTES 34 SECONDS EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 687.82 FEET TO A POINT ON THE WEST LINE OF U.S. 31, SAID POINT BEARS NORTH 88 DEGREES 02 MINUTES 24 SECONDS EAST FROM THE RADIUS POINT; THENCE SOUTH 00 DEGREES 05 MINUTES 52 SECONDS EAST A DISTANCE OF 295.89 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF PROPERTY AS DESCRIBED IN CORRECTIVE PERSONAL REPRESENTATIVE’S DEED TO HONTOS RECORDED AS INSTRUMENT NUMBER 9909918483, IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE SOUTH 88 DEGREES 47 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 84.02 FEET TO THE NORTHEAST CORNER OF TRACT B AS DESCRIBED IN T HE REPLAT OF PART OF WALTERS PLAZA REPLAT, RECORDED IN PLAT BOOK 7, PAGE 126, IN SAID RECORDER’S OFFICE; THE FOLLOWING 3 COURSES ARE ALONG THE EAST LINE OF SAID TRACT B; (1) THENCE SOUTH 00 DEGREES 11 MINUTES 04 SECONDS EAST A DISTANCE OF 43.91 FEET; (2) THENCE SOUTH 02 DEGREES 14 MINUTES 46 SECONDS WEST A DISTANCE OF 917.91 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 9378.61 FEET: (3) THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 912.94 FEET (SAID CURVE BEING SUBTENDED BY A CHORD BEARING SOUTH 02 DEGREES 09 MINUTES 45 SECONDS WEST AND A CHORD LENGTH OF 912.91 FEET); THENCE SOUTH 06 DEGREES 02 MINUTES 38 SECONDS WEST A DISTANCE OF 50.41 FEET TO A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 9378.61 FEET AND THE NORTHEAST CORNER OF TRACT A IN SAID REPLAT OF PART OF WALTERS’ PLAZA REPLAT; THE FOLLOWING TWO COURSES ARE ALONG THE EAST LINE OF SAID TRACT A;(1) THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 204.24 FEET (SAID CURVE BEING SUBTENDED BY A CHORD BEARING SOUTH 10 DEGREES 50 MINUTES 40 SECONDS WEST AND A CHORD LENGTH OF 204.06 FEET); (2) THENCE SOUTH 27 DEGREES 15 MINUTES 00 SECONDS WEST A DISTANCE OF 40.25 FEET; THENCE SOUTH 88 DEGREES 51 MINUTES 27 SECONDS WEST A DISTANCE OF 915.23 FEET TO THE WEST LINE OF CLAY TERRACE BOULEVARD; THE FOLLOWING 7 COURSES ARE ALONG THE WEST LINE OF SAID CLAY TERRACE BOULEVARD; THENCE NORTH 24 DEGREES 16 MINUTES 52 SECONDS WEST A DISTANCE OF 20.86 FEET; THENCE SOUTH 88 DEGREES 50 MINUTES 48 SECONDS WEST A DISTANCE OF 47.04 FEET TO A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 456.00 FEET AND A RADIUS POINT WHICH BEARS NORTH 48 DEGREES 56 MINUTES 26 SECONDS EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 291.31 FEET TO A POINT WHICH BEARS SOUTH 85 DEGREES 32 MINUTES 37 SECONDS WEST FROM THE RADIUS POINT; THENCE NORTH 00 DEGREES 11 MINUTES 28 SECONDS WEST A DISTANCE OF 351.20 FEET; THENCE NORTH 51 DEGREES 05 MINUTES 13 SECONDS EAST A DISTANCE OF 76.24 FEET; THENCE NORTH 32 DEGREES 02 MINUTES 06 SECONDS WEST A DISTANCE OF 906.01 Version | 02.19.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance FEET; THENCE NORTH 11 DEGREES 02 MINUTES 34 SECONDS WEST A DISTANCE OF 464.15 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART TAKEN BY THE STATE OF INDIANA IN CAUSE NO 29D01-1109- PL-9458 HAMILTON COUNTY INDIANA, A COPY OF WHICH AGREED FINDINGS AND JUDGEMENT WAS RECORDED AS DOCUMENT 2014053214. PARCEL IV A PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 88 DEGREES 47 MINUTES 30 SECONDS WEST (ASSUMED BEARING) ALONG THE NORTH LINE THEREOF A DISTANCE OF 9305.54 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF SAID NORTHEAST QUARTER SECTION; THENCE SOUTH 00 DEGREE 00 MINUTE 09 SECONDS EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 85.32 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 946TH STREET; THENCE NORTH 88 DEGREES 47 MINUTES 30 SECONDS EAST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 604.33 FEET TO THE EAST RIGHT-OF-WAY LINE OF CLAY TERRACE BOULEVARD, THE FOLLOWING FOUR COURSES ARE ALONG SAID EAST RIGHT-OF-WAY LINE; (1) THENCE SOUTH 00 DEGREE 00 MINUTE 06 SECONDS EAST A DISTANCE OF 557.56 FEET; (2) THENCE SOUTH 41 DEGREES 32 MINUTES 03 SECONDS EAST A DISTANCE OF 52.57 FEET; (3) THENCE SOUTH 23 DEGREES 06 MINUTES 48 SECONDS WEST A DISTANCE OF 70.87 FEET; (4) THENCE SOUTH 11 DEGREES 02 MINUTES 34 SECONDS EAST A DISTANCE OF 485.76 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 55 DEGREES 01 MINUTE 40 SECONDS EAST A DISTANCE OF 90.53 FEET; THENCE NORTH 80 DEGREES 00 MINUTE 27 SECONDS EAST A DISTANCE OF 909.30 FEET TO A NONTANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 9133.81 FEET AND A RADIUS POINT WHICH BEARS NORTH 21 DEGREES 01 MINUTE 40 SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 306.28 FEET TO A POINT WHICH BEARS SOUTH 36 DEGREES 30 MINUTE 19 SECONDS EAST FROM THE RADIUS POINT AND TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 562.00 FEET AND A RADIUS POINT WHICH BEARS NORTH 44 DEGREES 56 MINUTES 58 SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 434.04 FEET TO A POINT WHICH BEAR’S SOUTH 89 DEGREES 12 MINUTES 01 SECONDS EAST FROM THE RADIUS POINT, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF U.S. 31; THENCE SOUTH 00 DEGREES 05 MINUTES 52 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 9057.55 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 402.00 FEET AND A RADIUS POINT WHICH BEARS SOUTH 88 DEGREES 02 MINUTES 24 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 687.82 FEET TO A POINT WHICH BEARS NORTH 09 DEGREES 59 MINUTES 34 SECONDS WEST FROM Version | 02.19.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance THE RADIUS POINT; THENCE SOUTH 80 DEGREES 00 MINUTE 27 SECONDS WEST A DISTANCE OF 46.36 FEET; THENCE SOUTH 34 DEGREES 58 MINUTES 20 SECONDS WEST A DISTANCE OF 90.07 FEET TO SAID EAST RIGHT-OF-WAY LINE; THENCE NORTH 11 DEGREES 02 MINUTES 34 SECONDS WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 944.60 FEET TO THE POINT OF BEGINNING. Version | 02.19.20 Ordinance _-___-__ | Clay Terrace PUD District Ordinance Exhibit B Exhibit B shall be submitted at a later date as a part of the ADLS package of information.