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HomeMy WebLinkAboutAgreement for Parking and Traffic Regulation on Private Business Property - Indiana Design Center; Indiana Design Center Parking Garage; 200 S Range Line Rd DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 AGREEMENT FOR PARKING AND TRAFFIC REGULATION ON PRIVATE BUSINESS PROPERTY APPROVED 6y Jon Oberlantler at T:55 pm,Apr 13,2OT 1 This Agreement is entered into by and between the Indiana Design Center, LLC. ("Indiana Design Center"); and the City of Carmel, Indiana, an Indiana Municipal Corporation (the"City"). WITNESSETH WHEREAS, Indiana Code § 9-21-18-1 et seq. allows the owner of private business property to contract with a governmental unit to enable the unit to regulate parking and traffic on said private business property; and WHEREAS, Indiana Design Center is the owner of private business property, specifically a parking garage located at 200 S Rangeline Rd. Carmel, Indiana 46032 (the "Garage"), which is described in greater detail in Exhibit A and visually outlined in Exhibit B, attached hereto and incorporated herein by this reference; and WHEREAS,the Garage is located within Carmel, Hamilton County, Indiana; and WHEREAS,the City is a governmental unit as defined by 1.C. § 9-21-8-3; and WHEREAS, Indiana Design Center now desires to enter into a contract with the City to enable the City to regulate parking and traffic within the Garage. IT IS THEREBY AGREED by and between the parties as follows: 1. Indiana Design Center and the City agree that the City shall have the authority to enforce all applicable City of Carmel parking and traffic ordinances within the Garage. 2. Indiana Design Center hereby acknowledges that the enforcement of ordinances by the City within the Garage is at the sole discretion of the City and its officers, employees and agents. 3. Indiana Design Center agrees to indemnify and hold harmless the City, its employees, agents, sponsors, attorneys, officers and officials for any and all liability which might result from the enforcement of parking and traffic regulations pursuant to this Contract. https lipedcoroompanies-my.sharepoint.cormpersona[iblje#?riespedcor_l1et'DocumentsJDesktop/Parking Garage Enforcement Contract(C.lean).docx DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 4. All parking and traffic signs installed pursuant to this Contract shall conform to the Indiana Manual on Uniform Traffic Control Devices. Parking and traffic signs shall be paid for in full by Indiana Design Center and installed by the City. 5. Pursuant to I.C. § 9-21-18-7, the Effective Date of this Contract shall be three (3)days after the Contract is recorded in the Office of the Hamilton County Recorder. b. The term of this Contract is one (I)year and shall automatically renew for nineteen (19) consecutive terms unless a party to this agreement gives the other party written notice at least thirty (30) days before the then applicable anniversary of the Effective Date that such party desires to terminate this agreement. This Contract shall automatically terminate without further notice twenty (20)years from the Effective Date. It may be extended by written agreement of the parties hereto. 7. This Contract constitutes the entire agreement between Indiana Design Center and the City with respect to the subject matter hereof and supersedes all prior oral or written representations and agreements regarding same. This Contract may only be modified by written amendment executed by both parties hereto, or their successors in interest. [PAGE INTENTIONALLY LEFT BLANK] hops,pedcorcornpanies.my sharepoint.corn personallb}jeffries_pedcor_net&Docurneots/DesktopParking Garage Enforcement Contract(Clean)dock DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 ALL OF WHICH IS AGREED to by and between the parties on the dates set out herein. APPROVED by the Indiana Design Center, LLC this day of Apu 202 t. By4?JAA)14. 0 Printed: Title: et P41.4 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared leCLU to giro.., , who acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property for and on behalf of ! K, Lt Witness my hand and Notarial Seal this 1411 day of , My Commission Expires: ca) t6fioyit MA 2261) Not ublic Residing in -1-tgin La ..d County Ja1((, Printed Name Approved and Adopted this I day of 4pp.([ , 20 ;.11�µYP`%, JESSICA J. t OE�F�F •"'•��,� Notary Public, State of India,e 7;5EAL;^" Hamilton County F •. ;�` Commission Number NP73p�N111 At�t My Commission Expires ��/lfl{L1411�� November 29, 2©28 hups.,,pedcorcompanies-my.sharepoint.comrpersonal.blieffrie_pedcornet,Document DesktopParking Garage Enforcement Contract(Clean).docx DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: �DocuSigned by: �97G S6F821 1... James Brainard. Presiding Officer Date: 4/21/2021 p—DocuSigned by: kin Qt A& mac, 6E37CC00068E4C4... Mary Ann Burke, Member Date: 4/21/2021 r—DocuSigned by: (avi 00c sotn, '—AE701OOCO96e434... Lori S. Watson, Member Date: 4/21/2021 ATTEST:—DocuSigned by: '—b83A89D/H98441,b... Sue Wolfgang, Clerk Date: 4/21/2021 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me,a Notary Public in and for said County and State, personally appeared James Brainard, a member of the City of Carmel Board of Public Works & Safety and acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property for and on behalf of the City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this day of , 20 . My Commission Expires: Notary Public Residing in County Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) https-i.pedeorcom{zanies-my.sharepoint.cormpersonabblie4ffries_pedcor_netiDocumentsThesktorTarking Garage Enfcreement Contract(Clean).docx DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Before me,a Notary Public in and for said County and State,personally appeared Mary Ann Burke, a member of the City of Carmel Board of Public Works & Safety and acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property for and on behalf of the City of Carmel Board of Public Works& Safety. Witness my hand and Notarial Seal this day of , 20 . My Commission Expires: Notary Public Residing in County Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Lori Watson, a member of the City of Carmel Board of Public Works & Safety and acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property for and on behalf of the City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this day of . 20 . My Commission Expires: Notary Public Residing in County Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Wolfgang, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Agreement for Parking and Traffic Regulation on Private Business Property as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of , 20 . My Commission Expires: Notary Public Residing in County Printed Name httpslipedeorcompanies-m)sha epoint com.'personabhljeffnes_pedcornetDocumentsDesktop,Parking Garage Enforcement Contract(Dean)docx DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Pursuant to IC 36-2-11-15(b)(2), 1 affirm,under the penalties for perjury,that 1 have taken reasonable care to redact each Social Security number in this document, unless required by law. Jon Oberlander, Esq. Prepared by: Jon Oberlander, Assistant Corporation Counsel, 1 Civic Square, Carmel, IN 46032 httpsJlpedcorcornpanies-my sharepoint.com'personal:bkje£}ries_pedcor_aetDoctrmerms.DesktoprParking Garage Enforcement Contract(Clean).docx DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 EXHIBIT A Donald R.Mosson Page 1 10/21/2013 C:1UsersldoloresktAppDatalLocaiiMicrosofi\WindowslTemporary Internet FilesCCeram-OutlooWMLPYPIWP109-029 Title Description.doc LAND DESCRIPTION Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, also being a part of the first east-west alley southerly of 1st Street SW (formerly Water Street) and part of Lots Numbered 21 and 22 in Warren and Phelps Addition to the City of Carmel (recorded as Deed Book H, page 258 in the Office of the Recorder of Hamilton County, Indiana), Clay Township, Hamilton County, Indiana, being further defined from an elevation of 829.95 feet and above (National Geodetic Vertical Datum of 1929), more particularly described as follows: Commencing at the Northeast Corner of the Southeast Quarter of said Section 25, Township 18 North, Range 3 East; thence South 00 degrees 36 minutes II seconds West (basis of bearings assumed from the Quitclaim Deed to Pedcor Residential, LLC ("Grantor')recorded as Instrument Number 2007006407 in said Recorder's Office) 468.85 feet along the East Line of said Southeast Quarter to the easterly extension of the northern right-of-way line of a ten-foot-wide platted alley in the Warren and Phelps Addition to the Town of Carmel, Indiana (recorded as Deed Record H, page 258 in the Office of the Recorder of Hamilton County, Indiana); thence South 89 degrees 39 minutes 11 seconds West 40.05 feet along said easterly extension and said northern line to the northeastern corner of the tract of land described in Exhibit A-4 as recorded in the Quitclaim Deed to said Grantor, being the POINT OF BEGINNING of this description; thence South 00 degrees 36 minutes 11 seconds West 0.49 feet parallel with said East Line; thence North 89 degrees 23 minutes 49 seconds West 0.83 feet perpendicular to said East Line to the point of curvature of a non-tangent curve concave to the west, said point lying North 41 degrees 20 minutes 00 seconds East 2.34 feet from the radius point thereof; thence southeasterly, southerly, southwesterly and westerly 5.70 feet along said curve to its point of tangency, said point lying South 00 degrees 36 minutes I 1 seconds West 2.34 feet from said radius point; thence North 89 degrees 23 minutes 49 seconds West 3.00 feet to the point of curvature of a curve concave to the northeast, said point Iying South 00 degrees 36 minutes 11 seconds West 2.34 feet from the radius point thereof; thence westerly and northwesterly 2.89 feet along said curve to a point lying South 71 degrees 18 minutes 00 seconds West 2.34 feet from said radius point; thence North 89 degrees 23 minutes 49 seconds West 57.53 feet to the point of curvature of a non-tangent curve concave to the northwest, said point lying South 69 degrees 32 minutes 58 seconds East 2.34 feet from the radius point thereof; thence southwesterly and westerly 2.87 feet along said curve to its point of tangency, said point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from said radius point; thence North 89 degrees 23 minutes 49 seconds West 3.00 feet to the point of curvature of a curve DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R Mosso/I Page 2 10/21/2013 C Misers ldoloresk\Appi3ata;Local\M crosofIlWi23dow V1'onporary Internet Files\C:Orden€.Ou11ook\MLPYP1Wpl09-029Title Description doe concave to the north, said point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from the radius point thereof; thence westerly 1.56 feet along said curve to a point lying South 00 degrees 44 minutes 25 seconds West 2.34 feet from said radius point; thence North 00 degrees 36 minutes 11 seconds East 2.89 feet to the northern right-of- way line of said east-west alley; thence South 89 degrees 39 minutes 11 seconds West 0.56 feet along said right-of-way line to the point of curvature of a non-tangent curve concave to the southeast, said point lying North 61 degrees 56 minutes 43 seconds West 2.26 feet from the radius point thereof, also being the face of a two-story brick and stone building (all of the remaining courses, except the final course, are along the face of said building); thence northeasterly and easterly 2.55 feet along said curve to a point lying North 02 degrees 31 minutes 43 seconds East 2.26 feet from said radius point; thence North 00 degrees 37 minutes 38 seconds East 34.12 feet; thence South 89 degrees 22 minutes 22 seconds East 0.42 feet; thence North 00 degrees 37 minutes 38 seconds East 11.00 feet; thence North 89 degrees 22 minutes 22 seconds West 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 1.95 feet; thence South 89 degrees 22 minutes 22 seconds East 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 11.00 feet; thence North 89 degrees 22 minutes 22 seconds West 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 16.95 feet; thence North 89 degrees 22 minutes 22 seconds West 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 1.95 feet;thence South 89 degrees 22 minutes 22 seconds East 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 11.00 feet; thence North 89 degrees 22 minutes 22 seconds West 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 5.95 feet; thence North 89 degrees 22 minutes 22 seconds West 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 11.00 feet; thence North 89 degrees 22 minutes 22 seconds West 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 1.95 feet; thence South 89 degrees 22 minutes 22 seconds East 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 11.00 feet; thence North 89 degrees 22 minutes 22 seconds West 0.16 feet; thence North 00 degrees 37 minutes 38 seconds East 5.95 feet; thence South 89 degrees 22 minutes 22 seconds East 5.95 feet; thence South 00 degrees 37 minutes 38 seconds West 0.16 feet; thence South 89 degrees 22 minutes 22 seconds East 11.00 feet; thence North 00 degrees 37 minutes 38 seconds East 0.16 feet; thence South 89 degrees 22 minutes 22 seconds East 6.00 feet; thence North 00 degrees 37 minutes 38 seconds East 5.72 feet; thence South 89 degrees 22 minutes 22 seconds East 22.06 feet; thence South 00 degrees 37 minutes 38 seconds West 5.72 feet; thence South 89 degrees 22 minutes 22 seconds East 5.97 feet;thence South 00 degrees 37 minutes 38 seconds West 0.16 feet; thence South 89 degrees 22 minutes 22 seconds East 11.00 feet; thence North 00 degrees 37 minutes 38 seconds East 0.16 feet; thence South 89 degrees 22 minutes 22 seconds East 5.95 feet; thence South 00 degrees 37 minutes 38 seconds West 1.17 feet; thence South 89 degrees 22 minutes 22 seconds East 0.52 feet; thence South 00 degrees 37 minutes 38 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R,Mosson Page 3 10121/20)3 C':lUsers\do€oresk\AppDatalLocal\Microsoll\W indows1'ren5porary Internet t i1estContent.Outiook1MLPYPIWP109-o29 Title Description doe seconds West 1.10 feet; thence South 89 degrees 22 minutes 22 seconds East 1.70 feet; thence South 00 degrees 37 minutes 38 seconds West 5.95 feet; thence North 89 degrees 22 minutes 22 seconds West 1.00 feet; thence South 00 degrees 37 minutes 38 seconds West 20.00 feet; thence South 89 degrees 22 minutes 22 seconds East 1.00 feet; thence South 00 degrees 37 minutes 38 seconds West 5.95 feet; thence North 89 degrees 22 minutes 22 seconds West 1.70 feet; thence South 00 degrees 37 minutes 38 seconds West 1.05 feet; thence North 89 degrees 22 minutes 22 seconds West 0.50 feet; thence South 00 degrees 37 minutes 38 seconds West 11.02 feet; thence South 89 degrees 22 minutes 22 seconds East 0.50 feet; thence South 00 degrees 37 minutes 38 seconds West 4.00 feet; thence North 89 degrees 22 minutes 22 seconds West 0.50 feet; thence South 00 degrees 37 minutes 38 seconds West 11.02 feet; thence South 89 degrees 22 minutes 22 seconds East 0.50 feet; thence South 00 degrees 37 minutes 38 seconds West 4.00 feet; thence North 89 degrees 22 minutes 22 seconds West 0.50 feet; thence South 00 degrees 37 minutes 38 seconds West 11.02 feet; thence South 89 degrees 22 minutes 22 seconds East 0.50 feet; thence South 00 degrees 37 minutes 38 seconds West 4.00 feet; thence North 89 degrees 22 minutes 22 seconds West 0.50 feet; thence South 00 degrees 37 minutes 38 seconds West 11.02 feet; thence South 89 degrees 22 minutes 22 seconds East 0.50 feet; thence South 00 degrees 37 minutes 38 seconds West 1.00 feet; thence South 89 degrees 22 minutes 22 seconds East 1.70 feet; thence South 00 degrees 37 minutes 38 seconds West 5.95 feet; thence North 89 degrees 22 minutes 22 seconds West 1.00 feet; thence South 00 degrees 37 minutes 38 seconds West 20.05 feet; thence South 89 degrees 22 minutes 22 seconds East 1.00 feet; thence South 00 degrees 37 minutes 38 seconds West 5.52 feet to the northern right-of-way line of said east-west alley; thence North 89 degrees 39 minutes 11 seconds East 0.13 feet along said northern right-of-way line to the POINT OF BEGINNING, containing 8,848.7 square feet (0.203 acres), more or less. ALSO: LAND DESCRIPTION March 20, 2010 Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, also being a part of the first east-west alley southerly of 1 s' Street SW (formerly Water Street) and part of Lot Numbered 20 in Warren and Phelps Addition to the City of Carmel (recorded as Deed Book H, page 258 in the Office of the Recorder of Hamilton County, Indiana), Clay Township, Hamilton County, Indiana, being further defined from an elevation of 842.95 feet and above (National Geodetic Vertical Datum of 1929), more particularly described as follows: DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R,Mosson Page 4 10/2i/2013 C:1lJscrs\doloresk\AppDatatl.ocai\Microsoft\Windows\Ternporary tnl.einet FileslLontcnt.Outlook\MLPYPlWP\09-029 Title Description.doc Commencing at the Northeast Corner of the Southeast Quarter of said Section 25, Township 18 North, Range 3 East; thence South 00 degrees 36 minutes 11 seconds West (basis of bearings assumed from the Quitclaim Deed to Pedcor Residential, LLC ("Grantor') recorded as Instrument Number 2007006407 in said Recorder's Office) 468.85 feet along the East Line of said Southeast Quarter to the easterly extension of the northern right-of-way line of a ten-foot-wide platted alley in the Warren and Phelps Addition to the Town of Carmel, Indiana (recorded as Deed Record H, page 258 in the Office of the Recorder of Hamilton County, Indiana); thence South 89 degrees 39 minutes 11 seconds West 40.05 feet along said easterly extension and said northern line to the northeastern corner of the tract of land described in Exhibit A-4 as recorded in the Quitclaim Deed to said Grantor, being the POINT OF BEGINNING of this description; thence South 00 degrees 36 minutes 11 seconds West 10.00 feet to the southern right-of- way line of said alley; thence North 89 degrees 39 minutes 11 seconds East 5.79 feet along said southern right-of-way line to the western right-of-way line of South Range Line Road and the northeastern corner of said Lot Numbered 20; thence South 00 degrees 36 minutes 11 seconds 20.53 feet along said western right-of-way line to a point hereinafter referred to as Point A; thence continue South 00 degrees 36 minutes 11 seconds West 26.51 feet along said western right-of-way line to the southeastern corner of Exhibit A-2 of said Grantor; thence North 89 degrees 24 minutes 06 seconds West 7.I3 feet along the southern line of said Exhibit A-2; thence North 00 degrees 36 minutes 11 seconds East 2.12 feet to the point of curvature of a non-tangent curve concave to the southwest, said point lying South 64 degrees 10 minutes 42 seconds East 2.34 feet from the radius point thereof; thence northeasterly, northerly, northwesterly and westerly 4.71 feet along said curve to its point of tangency, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from said radius point; thence North 89 degrees 23 minutes 49 seconds West 3.00 feet perpendicular to said western right-of-way line to the point of curvature of a curve concave to the southeast, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from the radius point thereof; thence westerly, southwesterly and southerly 3.05 feet along said curve to a point lying North 74 degrees 03 minutes 50 seconds West 2.34 feet from said radius point; thence North 89 degrees 23 minutes 49 seconds West 57.56 feet perpendicular to said western right-of-way line to the point of curvature of a non-tangent curve concave to the southwest, said point lying North 73 degrees 49 minutes 42 seconds East 2.34 feet from the radius point thereof; thence northerly, northwesterly and westerly 2.99 feet along said curve to its point of tangency, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from said radius point; thence North 89 degrees 23 minutes 49 seconds West 3.00 feet perpendicular to said western right-of-way line to the point of curvature of a curve concave to the southeast, said point lying North 00 degrees 36 minutes I I seconds East DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R.Mosson Page 5 10/21/2013 C:\Users\doioresklAppData\Local\Microsoft\Windows\Ternporary Internet Piles\Content.Chrtlook-\MLPYPlWP!09•029 Title Description.doc 2.34 feet from the radius point thereof; thence westerly and southwesterly 1.60 feet along said curve to a point lying North 38 degrees 33 minutes 24 seconds West 2.34 feet from said radius point and being the western line of the tract of land described in Exhibit A-3 as recorded in the Quitclaim Deed to said Grantor; thence North 00 degrees 36 minutes 11 seconds East 22.15 feet along the western line of said Exhibit A-3 to the point of curvature of a non-tangent curve concave to the east, said point South 39 degrees 24 minutes 02 seconds West 2.34 feet from the radius point thereof; thence northerly 4.19 feet along said curve to a point lying North 38 degrees 11 minutes 40 seconds West 2.34 feet from said radius point on the western line of said Exhibit A-3; thence North 00 degrees 36 minutes 11 seconds East 22.16 feet along the western line of said Exhibit A-3 and its northerly extension to the point of curvature of a non-tangent curve concave to the northeast, said point lying South 38 degrees 44 minutes 25 seconds West 2.34 feet from the radius point thereof; thence southeasterly and easterly 1.56 feet along said curve to its point of tangency, said point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from said radius point; thence South 89 degrees 23 minutes 49 seconds East 3.00 feet perpendicular to said East Line to the point of curvature of a curve concave to the northwest, said point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from the radius point thereof; thence easterly, northeasterly and northerly 2.87 feet along said curve to a point lying South 69 degrees 32 minutes 58 seconds East 2.34 feet from said radius point; thence South 89 degrees 23 minutes 49 seconds East 57.53 feet perpendicular to said East Line to the point of curvature of a curve concave to the northeast, said point lying South 71 degrees 18 minutes 00 seconds West 2.34 feet from the radius point thereof; thence southeasterly and easterly 2.89 feet along said curve to its point of tangency, said point lying South 00 degrees 36 minutes 11 seconds East 2.34 feet from said radius point; thence South 89 degrees 23 minutes 49 seconds East 3.00 feet perpendicular to said East Line to the point of curvature of a curve concave to the west, said point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from the radius point thereof; thence easterly, northeasterly, northerly and northwesterly 5.70 feet along said curve to a point lying North 41 degrees 20 minutes 00 seconds East 2.34 feet from said radius point; thence South 89 degrees 23 minutes 49 seconds East 0.83 feet perpendicular to said East Line; thence North 00 degrees 36 minutes 11 seconds East 0.49 feet parallel with said East Line to the northern line of said Exhibit A-4; thence North 89 degrees 39 minutes 1 I seconds East 1.25 feet along said northern line to the POINT OF BEGINNING, containing 3,904.9 square feet (0.090 acres), more or less. ALSO: Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, also being a part of Lot Numbered 20 in Warren and Phelps DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R.Mosson Page 6 10/21/2013 C:\UsersldoloresklAppData\Local\Microsoft\Windows\Temporary Internet Files\Coyttent,Outlook\MLPYPIWP\09-O29 Title Description.doc Addition to the City of Carmel (recorded as Deed Book H, page 258 in the Office of the Recorder of Hamilton County, Indiana), Clay Township, Hamilton County, Indiana, being further defined from an elevation of 829.95 feet to 842.95 feet (National Geodetic Vertical Datum of 1929), more particularly described as follows: Commencing at said Point A; thence North 89 degrees 23 minutes 49 seconds West 9.31 feet perpendicular to said western right-of-way line to the POINT OF BEGINNING of this description; thence continue North 89 degrees 23 minutes 49 seconds West 3,00 feet perpendicular to said western right-of-way line to the point of curvature of a curve concave to the east, said point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from the radius point thereof; thence westerly, northwesterly, northerly, northeasterly and easterly 7.36 feet along said curve its point of tangency, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from said radius point; thence South 89 degrees 23 minutes 49 seconds East 3.00 feet perpendicular to said western right-of-way line to the point of curvature of a curve concave to the west, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from the radius point thereof; thence easterly, southeasterly, southerly, southwesterly and westerly 7.36 feet along said curve to a point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from said radius point and being the POINT OF BEGINNING, containing 31.3 square feet and 406.9 cubic feet, more or less. ALSO: Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, also being a part of Lot Numbered 20 in Warren and Phelps Addition to the City of Carmel (recorded as Deed Book II, page 258 in the Office of the Recorder of Hamilton County, Indiana), Clay Township, Hamilton County, Indiana, being further defined from an elevation of 829.95 feet to 842.95 feet (National Geodetic Vertical Datum of 1929), more particularly described as follows: Commencing at said Point A; thence North 89 degrees 23 minutes 49 seconds West 26.80 feet perpendicular to said western right-of-way line to the POINT OF BEGINNING of this description; thence continue North 89 degrees 23 minutes 49 seconds West 3.00 feet perpendicular to said western right-of-way line to the point of curvature of a curve concave to the east, said point lying South 00 degrees 36 minutes 1 f seconds West 2.34 feet from the radius point thereof; thence westerly, northwesterly, northerly, northeasterly and easterly 7.36 feet along said curve its point of tangency, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from said radius point; thence South 89 degrees 23 minutes 49 seconds East 3.00 feet perpendicular to said western right-of-way DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R.Mosson Page 7 10i21/201 i C:tUsersldoioresk\AppData\Local\Microsoft\WindowslTemporary Internet PIles\Contcnt.Ontlook\MLPYPlWP\09-029 Title Description.doc line to the point of curvature of a curve concave to the west, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from the radius point thereof; thence easterly, southeasterly, southerly, southwesterly and westerly 7.36 feet along said curve to a point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from said radius point and being the POINT OF BEGINNING, containing 31.3 square feet and 406.9 cubic feet, more or less. ALSO: Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, also being a part of Lot Numbered 20 in Warren and Phelps Addition to the City of Cannel (recorded as Deed Book H, page 258 in the Office of the Recorder of Hamilton County, Indiana), Clay Township, Hamilton County, Indiana, being further defined from an elevation of 829.95 feet to 842.95 feet (National Geodetic Vertical Datum of 1 929), more particularly described as follows: Commencing at said Point A; thence North 89 degrees 23 minutes 49 seconds West 56.74 feet perpendicular to said western right-of-way line to the POINT OF BEGINNING of this description; thence continue North 89 degrees 23 minutes 49 seconds West 3.00 feet perpendicular to said western right-of-way line to the point of curvature of a curve concave to the east, said point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from the radius point thereof; thence westerly, northwesterly, northerly, northeasterly and easterly 7.36 feet along said curve its point of tangency, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from said radius point; thence South 89 degrees 23 minutes 49 seconds East 3.00 feet perpendicular to said western right-of-way line to the point of curvature of a curve concave to the west, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from the radius point thereof; thence easterly, southeasterly, southerly, southwesterly and westerly 7.36 feet along said curve to a point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from said radius point and being the POINT OF BEGINNING, containing 31.3 square feet and 313.0 cubic feet, more or less. ALSO: Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, also being a part of Lot Numbered 20 in Warren and Phelps Addition to the City of Carmel (recorded as Deed Book H, page 258 in the Office of the Recorder of Hamilton County, Indiana), Clay Township; Hamilton County, Indiana, DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R.Mosson Pane 8 10/21/2013 C:',UsersldoloresklAppDatalLocallMicrosott\Windowstii ernporafl Internet files\Contcnt.OutlookiMLPYP]WC109.029 title Description.doc being further defined from an elevation of 829.95 feet to 842.95 feet (National Geodetic Vertical Datum of 1929), more particularly described as follows: Commencing at said Point A; thence North 89 degrees 23 minutes 49 seconds West 74.32 feet perpendicular to said western right-of-way line to the POINT OF BEGINNING of this description; thence continue North 89 degrees 23 minutes 49 seconds West 3.00 feet perpendicular to said western right-of-way line to the point of curvature of a curve concave to the east, said point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from the radius point thereof; thence westerly, northwesterly, northerly, northeasterly and easterly 7.36 feet along said curve its point of tangency, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from said radius point; thence South 89 degrees 23 minutes 49 seconds East 3.00 feet perpendicular to said western right-of-way line to the point of curvature of a curve concave to the west, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from the radius point thereof; thence easterly, southeasterly, southerly, southwesterly and westerly 7.36 feet along said curve to a point lying South 00 degrees 36 minutes 11 seconds West 2.34 feet from said radius point and being the POINT OF BEGINNING, containing 31.3 square feet and 313.0 cubic feet, more or less. ALSO: LAND DESCRIPTION March 20, 2010 Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, also being a part of Lots Numbered 18, 19 and 20 in Warren and Phelps Addition to the City of Carmel (recorded as Deed Book H, page 258 in the Office of the Recorder of Hamilton County, Indiana), Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Southeast Quarter of said Section 25, Township 18 North, Range 3 East; thence South 00 degrees 36 minutes 11 seconds West (basis of bearings assumed from the Quitclaim Deed to Pedcor Residential, LLC ("Grantor') recorded as Instrument Number 2007006407 in said Recorder's Office) 468.85 feet along the East Line of said Southeast Quarter to the easterly extension of the northern right-of-way line of a ten-foot-wide platted alley in the Warren and Phelps Addition to the Town of Cannel, Indiana (recorded as Deed Record H, page 258 in the Office of the Recorder of Hamilton County, Indiana); thence South 89 degrees 39 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R.Musson Page 9 W /2I12013 C:IllsersldoloresklAppData!Locsllhtterusuft\Winduwsl7 empttrury Internet Niles\Content.Oullook\MLNYPIWP'd19-029 Title Description.doc minutes 11 seconds West 40.05 feet along said easterly extension and said northern line to the northeastern corner of the tract of land described in Exhibit A-4 as recorded in the Quitclaim Deed to said Grantor; thence South 00 degrees 36 minutes 11 seconds West 10.00 feet to the southern right-of-way line of said alley; thence North 89 degrees 39 minutes 11 seconds East 5.79 feet along said southern right-of-way line to the western right-of-way line of South Range Line Road and the northeastern corner of said Lot Numbered 20: thence South 00 degrees 36 minutes 11 seconds 47.04 feet along said western right-of-way line to the southeastern corner of Exhibit A-2 of said Grantor; thence North 89 degrees 24 minutes 06 seconds West 7.13 feet along the southern line of said Exhibit A-2 to the face of a two-story brick and stone building and the POINT OF BEGINNING of this description (the following thirty-eight (38) courses are along the face of said building); (1) thence North 89 degrees 22 minutes 22 seconds West 0.16 feet; (2) thence South 00 degrees 37 minutes 38 seconds West 4.81 feet; (3) thence North 89 degrees 22 minutes 22 seconds West 0.92 feet; (4) thence South 00 degrees 37 minutes 38 seconds West 20.04 feet; (5) thence South 89 degrees 22 minutes 22 seconds East 0.95 feet; (6) thence South 00 degrees 37 minutes 38 seconds West 5.96 feet; (7) thence North 89 degrees 22 minutes 22 seconds West 1.64 feet; (8)thence South 00 degrees 37 minutes 38 seconds West I.03 feet; (9) thence North 89 degrees 22 minutes 22 seconds West 0.52 feet; (10) thence South 00 degrees 37 minutes 38 seconds West 11.02 feet; (11) thence South 89 degrees 22 minutes 22 seconds East 0.52 feet; (1.2) thence South 00 degrees 37 minutes 38 seconds West 3.98 feet; (13) thence North 89 degrees 22 minutes 22 seconds West 0.50 feet; (14) thence South 00 degrees 37 minutes 38 seconds West 11.03 feet; (15) thence South 89 degrees 22 minutes 22 seconds East 0,50 feet; (16) thence South 00 degrees 37 minutes 38 seconds West 3.96 feet; (17) thence North 89 degrees 22 minutes 22 seconds West 0.55 feet; (18)thence South 00 degrees 37 minutes 38 seconds West 11.04 feet; (19) thence South 89 degrees 22 minutes 22 seconds East 0.55 feet; (20) thence South 00 degrees 37 minutes 38 seconds West 3.96 feet; (21) thence North 89 degrees 22 minutes 22 seconds West 0.50 feet; (22) thence South 00 degrees 37 minutes 38 seconds West 11.00 feet; (23) thence South 89 degrees 22 minutes 22 seconds East 0.50 feet; (24) thence South 00 degrees 37 minutes 38 seconds West 3.98 feet; (25) thence North 89 degrees 22 minutes 22 seconds West 0.55 feet; (26)thence South 00 degrees 37 minutes 38 seconds West 11.04 feet; (27) thence South 89 degrees 22 minutes 22 seconds East 0.55 feet; (28) thence South 00 degrees 37 minutes 38 seconds West 3.98 feet; (29) thence North 89 degrees 22 minutes 22 seconds West 0.55 feet; (30) thence South 00 degrees 37 minutes 38 seconds West 11.02 feet; (31) thence South 89 degrees 22 minutes 22 seconds East 0.55 feet; (32)thence South 00 degrees 37 minutes 38 seconds West 0.97 feet; (33) thence South 89 degrees 22 minutes 22 seconds East 1.70 feet; (34) thence South 00 degrees 37 minutes 38 seconds West 5.97 feet; (35) thence North 89 degrees 22 minutes 22 seconds West 0.96 feet; (36) thence South 00 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R Mosson Page I0 10/21/2013 C:1UsersldoloresklAppDatalLocal\Microsott\WindowslTemposary Internet Files\Content,©atlook\MLf yp1V P109-029 Title Description,doe degrees 37 minutes 38 seconds West 20.07 feet; (37) thence South 89 degrees 22 minutes 22 seconds East 0.97 feet; (38) thence South 00 degrees 37 minutes 38 seconds West 5.96 • feet; thence South 89 degrees 23 minutes 49 seconds East I.26 feet perpendicular to the East Line of said Southeast Quarter; thence South 00 degrees 36 minutes 11 seconds West 34.84 feet parallel with said East Line to a southern line of the tract of land granted to Indiana Design Center, LLC "Exhibit A-2") (recorded as Instrument Number 2007069005 in said Recorder's Office) (the following three (3) courses are along the boundary of said Exhibit A-2); (I) thence South 89 degrees 12 minutes 12 seconds West 189.70 feet; (2) thence South 00 degrees 01 minutes 08 seconds East 70.00 feet; (3) thence South 89 degrees 42 minutes 40 seconds West 118.30 feet; thence North 00 degrees 36 minutes 11 seconds East 100.17 feet parallel with the eastern right-of-way line of 1st Avenue Southwest as defined on a survey by Paul I. Cripe (recorded as Instrument Number 200400066178 in said Recorder's Office); thence North 89 degrees 23 minutes 49 seconds West 0.76 feet perpendicular to said eastern right-of-way line to the western face of a brick and stone wall; thence North 00 degrees 37 minutes 38 seconds East 156.65 feet along said western face and the northerly extension thereof; thence South 89 degrees 22 minutes 22 seconds East 35.41 feet; thence South 00 degrees 37 minutes 38 seconds West 5.39 feet to the face of said two-story brick and stone building (the following fifty-two (52) courses are along the face of said building); (I) thence South 89 degrees 22 minutes 22 seconds East 1.04 feet; (2) thence South 00 degrees 37 minutes 38 seconds West 0.16 feet; 3) thence South 89 degrees 22 minutes 22 seconds East 11.02 feet; (4) thence North 00 degrees 37 minutes 38 seconds East 0.16 feet; (5) thence South 89 degrees 22 minutes 22 seconds East 5.96 feet; (6) thence South 00 degrees 37 minutes 38 seconds West 0.16 feet; (7) thence South 89 degrees 22 minutes 22 seconds East 11.01 feet; (8) thence North 00 degrees 37 minutes 38 seconds East 0.I6 feet; (9)thence South 89 degrees 22 minutes 22 seconds East 1.97 feet; (10) thence South 00 degrees 37 minutes 38 seconds West 0.16 feet; (11) thence South 89 degrees 22 minutes 22 seconds East 10.99 feet; (12) thence North 00 degrees 37 minutes 38 seconds East 0.16 feet; (13) thence South 89 degrees 22 minutes 22 seconds East 7.14 feet; (14) thence South 00 degrees 37 minutes 38 seconds West 0.23 feet; (15) thence South 89 degrees 22 minutes 22 seconds East 26.97 feet; (16) thence North 00 degrees 37 minutes 38 seconds East 0.23 feet; (17) thence South 89 degrees 22 minutes 22 seconds East 2.06 feet; (18) thence North 00 degrees 37 minutes 38 seconds East 0.55 feet; (19) thence South 89 degrees 22 minutes 22 seconds East 3.97 feet; (20) thence South 00 degrees 37 minutes 38 seconds West 0.55 feet; (21) thence South 89 degrees 22 minutes 22 seconds East 10.99 feet; (22) thence North 00 degrees 37 minutes 38 seconds East 0.55 feet; (23) thence South 89 degrees 22 minutes 22 seconds East 3,97 feet; (24) thence South 00 degrees 37 minutes 38 seconds West 0.55 feet; (25) thence South 89 degrees 22 minutes 22 seconds East 11.03 feet; (26) thence North 00 degrees 37 minutes 38 seconds East 0.55 feet; (27) DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R.Mosson Page 11 1 0/2 1 120 1 3 C:\Userslcioloresk AppData\Local\Microsoft\Windowslremporary Internet Files\Content outlook\MLPYPIWP\39-029 Title Description.doc thence South 89 degrees 22 minutes 22 seconds East 3.97 feet; (28) thence South 00 degrees 37 minutes 38 seconds West 0.55 feet; (29) thence South 89 degrees 22 minutes 22 seconds East 11.04 feet; (30) thence North 00 degrees 37 minutes 38 seconds East 0.55 feet; (31) thence South 89 degrees 22 minutes 22 seconds East 3.96 feet; (32) thence South 00 degrees 37 minutes 38 seconds West 0.55 feet; (.33) thence South 89 degrees 22 minutes 22 seconds East 11.03 feet; (34) thence North 00 degrees 37 minutes 38 seconds East 0.55 feet; (35) thence South 89 degrees 22 minutes 22 seconds East 3.96 feet; (36) thence South 00 degrees 37 minutes 38 seconds West 0.55 feet; (37) thence South 89 degrees 22 minutes 22 seconds East 11.03 feet; (38) thence North 00 degrees 37 minutes 38 seconds East 0.55 feet; (39) thence South 89 degrees 22 minutes 22 seconds East 3.97 feet; (40) thence South 00 degrees 37 minutes 38 seconds West 0.55 feet; (41)thence South 89 degrees 22 minutes 22 seconds East 11.00 feet; (42) thence North 00 degrees 37 minutes 38 seconds East 0.55 feet; (43) thence South 89 degrees 22 minutes 22 seconds East 3.97 feet; (44) thence South 00 degrees 37 minutes 38 seconds West 0.55 feet; (45) thence South 89 degrees 22 minutes 22 seconds East 2.07 feet; (46) thence South 00 degrees 37 minutes 38 seconds West 8.16 feet; (47) thence South 89 degrees 22 minutes 22 seconds East 7.33 feet; (48) thence North 00 degrees 37 minutes 38 seconds East 7.96 feet; (49) thence South 89 degrees 22 minutes 22 seconds East 12.33 feet; (50) thence South 00 degrees 37 minutes 38 seconds West 7.95 feet; (51) thence South 89 degrees 22 minutes 22 seconds East 7.36 feet; (52) thence North 00 degrees 37 minutes 38 seconds East 18.97 feet to the southern line of Exhibit A-3 of said Instrument Number 2007069005; thence North 89 degrees 24 minutes 06 seconds West 1.50 feet along the southern line of said Exhibit A-3 to the southwestern corner thereof; thence North 00 degrees 36 minutes 11 seconds East 1.24 feet along the western line of said Exhibit A-3 to the face of said two-story brick and stone building (all of the remaining courses are along the face of said building), being the point of curvature of a non-tangent curve concave to the east, said point lying South 39 degrees 45 minutes 45 seconds West 2.34 feet from the radius point thereof; thence northwesterly, northerly, northeasterly and easterly 5.76 feet along said curve to its point of tangency, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from said radius point; thence North 89 degrees 23 minutes 49 seconds East 3.00 feet to the point of curvature of a curve concave to the southwest, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from the radius point thereof; thence easterly and southeasterly 2.99 feet along said curve to a point lying North 73 degrees 49 minutes 42 seconds East 2.34 feet from said radius point; thence South 89 degrees 23 minutes 49 seconds East 57.56 feet perpendicular to the East Line of said Southeast Quarter to the point of curvature of a non-tangent curve concave to the southeast, said point lying North 74 degrees 03 minutes 50 seconds West 234 feet from the radius point thereof; thence northeasterly and easterly 3.05 feet along said curve to its point of tangency, said point lying North 00 degrees 36 minutes 11 DocuSign Envelope ID: EE948D27-2442-4F0A-8657-382B7DDA06E9 Donald R.Mosson Page 12 10/21/2013 C:1Usersldoloresk\AppDaLatLucaPMieroso13\WindowslTentporary Internet Files\CvotenLOuLluokMLPYPIWF\09-029 Title Description.doc seconds East 2.34 feet from said radius point; thence North 89 degrees 23 minutes 49 seconds East 3.00 feet to the point of curvature of a curve concave to the west, said point lying North 00 degrees 36 minutes 11 seconds East 2.34 feet from the radius point thereof; thence easterly, southeasterly, southerly and southwesterly 4.71 feet along said curve to a point lying South 64 degrees 10 minutes 42 seconds East 2.34 feet from said radius point; thence South 00 degrees 36 minutes 11 seconds West 2.12 feet to the POINT OF BEGINNING, containing 63,899.8 square feet (1.467 acres), more or less. EXCEPT: Part of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, being a strip of land twenty-one (21) feet wide and lying 10.5 feet on each side of the following described centerline, more particularly described as follows: Commencing at the northeastern corner of Lot Numbered 22 in Warren and Phelps Addition, an addition to the City of Cannel, as per plat thereof recorded in Deed Record H, page 258, in the Office of the Recorder of Hamilton County, Indiana, being the intersection of the southern right-of-way line of 2' Avenue Southwest and the western right-of-way line of Range Line Road, and the northeastern corner of the tract of land granted to Indiana Design Center, LLC ("Grantor"), Exhibit A-1, recorded as Instrument Number 2007069005 in said Recorder's Office; thence South 00 degrees 36 minutes 11 seconds West (assumed bearing) 342.14 feet along said western right-of-way line to the easterly extension of the southern line of a two-story brick and stone building (the following three courses are along the approximate face of said building); (one)thence North 89 degrees 22 minutes 22 seconds West 77.41 feet; (two)thence North 00 degrees 37 minutes 38 seconds East 13.74 feet; (three)thence North 89 degrees 22 minutes 22 seconds West 136.08 feet to the centerline of an existing basement ramp and the POINT OF BEGINNING of this description, said point being further defined from elevation 818.12 (NGVD 1929)to elevation 829.95 (all elevation references within this description are noted in feet and decimal parts thereof and are referenced to NGVD 1929); thence South 00 degrees 37 minutes 38 seconds West 23.06 feet to a point being further defined from elevation 818.12 to elevation 829.95; thence continue South 00 degrees 37 minutes 38 seconds West 68.39 feet to a point being further defined from elevation 826.47 to elevation 838.30 and being the terminus of this centerline description. 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