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HomeMy WebLinkAboutZ-389-02 Old Meridian MedicalSponsor: Councilor Wilson ORDINANCE NO. Z-389-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA TO AMEND THE CARMEL CLAY ZONING ORDINANCE BY CREATING A NEW ZONING DISTRICT TO BE KNOWN AS THE OM-MM (OLD MERIDIAN-MIXED MEDICAL) DISTRICT WHEREAS, pursuant to Ordinance No. Z-352 the OM (Old Meridian) zoning district was created to increase property values, protect real estate investment, encourage neighborhood diversity, spur commercial activity and attract new businesses to the area of the City of Carmel bordering on or contiguous to the public highway referred to as Old Meridian Street; and WHEREAS, the Carmel Clay Plan Commission on June 18, 2002, after conducting a public hearing pursuant to IC 36-7-4-507, duly approved certain amendments to the Comprehensive Plan, in particular the establishment of specific Comprehensive Plan Policies for a certain area to be known as the "Old Meridian District Mixed Medical Zone"; and WHEREAS, pursuant to that certain Petition filed on March 28, 2002, by St. Vincent Hospital and Health Care Center, Inc. ("Petitioner") under Docket No. 32-02-OA (the "Petition"), Petitioner has proposed the creation of a new zoning district (OM-MM, Old Meridian-Mixed Medical) within the OM District to permit and facilitate the development, expansion and modernization ora major hospital complex or campus in which a diversity of hospital and healthcare uses would be permitted; and WHEREAS, the uses contemplated by the OM-MM District include uses already permitted in the OM District, but with an emphasis on healthcare uses and other uses which are supportive of healthcare; and WHEREAS, the proposed development standards of the OM-MM District are consistent with the development standards of the OM District, but with additional flexibility to recognize the realities of a major hospital complex; and WHEREAS, the Common Council of the City of Carmel finds that it is reasonable and necessary to protect and promote the public health, safety, comfort, morals, convenience and general welfare of the citizens of the City of Carmel and Clay Township by creating such a new zoning district to facilitate development of the Old Meridian area. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section I: Section 20G.5.8 OM-MM (Old Meridian-Mixed Medical District) and certain definitions to Chapter 3, Definitions, are hereby added to the Carmel/Clay Zoning Ordinance Z-289, as amended, to read as follows: OLD MERIDIAN-MIXED MEDICAL DISTRICT (OM-MM) AMENDMENTS. The text of Ordinance No. Z-352 (Old Meridian District, Chapter 20G) is amended as follows: 4.1 (iq) Notwithstanding the foregoing provisions of this Section 4.1: (a) buildings within the Mixed Medical Zone shall be sited in a manner consistent with the development standards set forth in Section 5.8; (b) building facades within the Mixed Medical Zone shall meet the development standards set forth in Section 5.8 and (c) 4.1(H) and 4.1 (K) shall not apply to buildings in the Mixed Medical Zone. 4.2 (I) Section 4.2(A), Section 4.2(B) and Section 4.2(H) are inapplicable to the Mixed Medical Zone. 4.5 (H)In the Mixed Medical Zone up to 15% of parking may be located in front of the buildings; provided such parking areas are partially screened from the street right of way with a 10-12 foot wide planting strip using shrubbery, hedges or shade trees. Curb cuts in the Mixed Medical Zone shall be as set forth on Exhibit C. Bicycle parking in the Mixed Medical Zone shall be provided in the ratio of one space per 250 feet of building frontage. 5.8 MIXED MEDICAL ZONE Permitted Uses (1) This district is designed to permit and facilitate the development, expansion and modernization of a major hospital complex or campus in which a diversity of hospital, health care and supportive uses related thereto is necessary to best perform the hospital's various services to the public and to permit appropriate land use modifications as necessary to facilitate the highest level of such service. (2) The following primary uses shall be permitted: (a) (b) (c) (d) (e) hospital hospice physician and medical office research laboratory facility medical laboratory 2 (3) (f) surgery center (g) urgent care (h) clinic or medical-health center (i) nursing, retirement or convalescent facility (j) assisted living facility (k) caf~ (1) family or child advocacy center (m) religious/charitable institution (n) rehabilitation facility (o) physical/occupational therapy (p) health and fitness facility (q) day care (r) helicopter pad (s) any use permitted in Section 5.1 hereof (t) any use listed in Section 5.4, Mixed Use Zone. The following uses shall also be permitted provided that they are supportive of the aforementioned primary uses and do not exceed fifteen (15) percent of the Gross Floor Area of any building: (a) coffee shop (b) delicatessen (c) barber/beauty shop (d) bookstore (e) flower shop (f) gift shop (g) financial institution Building Height, Setback, and Construction Requirements. (1) Building Height. (a) Maximum: fifty-five (55) feet, except hospital maximum shall be one hundred (100) feet. (b) Minimum: twenty-four (24) feet. All buildings must have a minimum of two (2) occupiable floors. (2) Front Setback. (a) Minimum: twenty (20) feet from all public streets, measured from the right-of-way; (b) Maximum: thirty-five (35) feet except that new Buildings must follow the dominant or average Front Yard Setback dimension of existing Buildings on the same Block and on the same side of the street, with a variation of up to ten (10) feet allowed. (3) Building Footprints. (a) Minimum: 8,000 square feet. (b) Maximum: 20,000 square feet. However, it is recognized that, within the Mixed Medical Zone there are uses which, (4) (5) because of their unique characteristics, require flexibility and a case by case review of the maximum building footprint square footage requirement. If a particular use indicates the desirability for a larger than maximum footprint, the petitioner may submit a request to the Director together with a site plan showing the proposed use of the land, the arrangement of all buildings and structures, the location of streets, driveways, parking and loading areas and such other information as the Director shall request. Following submission of such request, the Director shall respond to the petitioner within ten (10) business days, by either approving, rejecting or proposing alternatives to such request. Sideyard Setback. Minimum: four (4) feet Rearyard Setback. Minimum: five (5) feet Building Orientation. (1) Every site that has frontage on Old Meridian Street must have buildings that front on Old Meridian Street and such buildings must occupy a minimum of seventy percent (70%) of that frontage. (2) Additional buildings may be built in the rear of any such site fronting on Old Meridian. (3) Unless otherwise approved, seventy percent (70%) of all buildings must face a public street. Architectural Design. This district is to provide an orderly transition of architectural design elements that harmonize the existing architectural design of the main St. Vincent hospital facility (which is located outside the OM district) with the architectural design elements approved for use within the O, SU and MU districts that lie south of and adjacent to the St. Vincent district. (1) Materials. (a) Buildings must be faced in brick, stone or precast concrete and trimmed in metal, stone, brick, precast concrete, wood, or stucco. (b) Except for maintenance buildings, storage buildings and similar buildings supportive of a main hospital building, every face of a building must have openings for windows. (c) Large expanses of glass are allowed, but the building may not be constructed entirely of a metal and glass curtain wall. (2) Facades. Continuous facades more than fifty (50) feet wide, shall be designed with vertical offsets at intervals which evenly divide the fagade into halves, thirds, or quarters, etc., or shall be designed at intervals not less than fifty (50) feet, whichever is less. These offsets may be projecting, recessed, or may be a simple change in building material or detailing. 4 Signage. (1) The provisions of the Carmel/Clay Sign Ordinance, Z-302 shall apply, except as noted below. (a) For a building with multiple tenants or occupants and which is in excess of 10,000 square feet of gross building area located on a site by itself, or for multiple buildings located on an integrated site with a shared entrance, a single freestanding monument sign located at the entrance of the site and within the front setback shall be permitted. Each sign face (maximum of two (2) faces per sign) shall not exceed sixty square feet in total area. It must be landscaped at the base of the sign. (b) A building not described in (a) above, shall be identified by the use of a ground sign which shall not be taller than four (4) feet, and have a sign face that does not exceed thirty-two (32) square feet. (c)Wall signs shall not exceed thirty-two (32) square feet. (d) Directory signs are permitted in accordance with the Sign Ordinance Z-302. (2) Wall signs must fit within the horizontal and vertical elements of the building and may not obscure details of the building. (Fig 23) (3) No sign may extend above the bottom of the roofline or, in the case of flat roofs, the cornice line of the building. Landscaping. (1) The front yard setback will be landscaped with shade trees, low shrubs, planting beds and grass or ground cover. (2) Alternatively, up to 50% of the front yard setback may be paved with decorative pavers to allow seating areas or outdoor tables, which areas shall be surrounded by low shrubs or planting beds. (3) On-site parking lots or structured parking adjacent to a public street must be separated from the street right-of-way with a landscaped strip, as provided in Section 4.5 (H) with respect to front yards and in no event less than six (6) feet wide, containing shade trees, and shrubs or low fences/walls up to four (4) feet high. Parking Requirements. (1) Number of Parking Spaces. Within the Mixed Medical Zone there are uses which, because of their unique characteristics, require flexibility and a case by case review of the parking requirements. Petitioner shall submit a request to the Director together with a site plan showing the proposed number and type of parking spaces, the arrangement of all buildings and structures, the location of streets, driveways, parking and loading areas and such other information as 5 (2) (3) (4) (6) the Director shall request. Following submission of such request, the Director shall respond to the petitioner within ten (10) business days, by either approving, rejecting or proposing alternatives to such request. Parking spaces accessible to the disabled: Accessible parking spaces shall be provided according to Americans with Disabilities Act (ADA) of 1990. In addition, accessible patient parking at outpatient facilities must equal no less than 10 percent (10%) of the total required parking spaces. On-street parking may not be used to fulfill parking requirements. Parking requirements may be reduced if medical facilities with substantially different peak hour requirements agree to share parking. The terms of a shared or reciprocal parking agreement must accompany the application. Screened loading areas shall be provided at the rear of the building. Parking must generally be located in the rear or side of buildings. Except as provided in Section 4.5 (H), no parking is allowed in the front yard setback. Development Standards for Uses Permitted in the SFA Zone. The development standards set forth in Section 5.1 (B) through 5.1 (K) inclusive shall apply to any use permitted by the Single Family Attached Zone. The following definitions shall be applicable herein, and shall hereby be included into Chapter 3.0 of Zoning Ordinance Z-289. ASSISTED LIVING FACILITY. Housing wherein limited health care is provided for the aged. FAMILY OR CHILD ADVOCACY CENTER. An establishment serving the physical, emotional, spiritual and legal needs of victims or at-risk individuals. FRONTAGE. Generally, the distance of the Front Lot Line ora Lot abutting a Street. When a particular development standard requires that Buildings occupy a certain minimum percentage of the Frontage, the Frontage shall be the distance of the Front Lot Line reduced by physical, legal and other characteristics of the LOt located in or impacting the Front Yard in a manner that limits or prevents the construction of Buildings on the Lot which Buildings could, except for such characteristics, be oriented to the Build-To Line. Examples include, without limitation, retention and detention ponds, rights of way, permitted parking areas, and utility easements. HEALTH AND FITNESS FACILITY. A place to exercise although not necessarily under the supervision of a physical therapist, occupational therapist, exercise physiologist or other similar health care provider. 6 HELICOPTER PAD. A level surface designed to accommodate the landing and taking off of helicopters. HOSPICE. An establishment that provides palliative care and attends to the emotional and spiritual needs of terminally ill patients. MEDICAL LABORATORY. A place for gathering, sampling, handling, processing, observing, and testing human tissue, blood and other similar items. OCCUPATIONAL THERAPY FACILITY. A place where therapy in which the principal element is some form of productive or creative activity is provided. OFFICE, MEDICAL. An office for health care providers including, without limitation, dentists, physicians and surgeons. PHYSICAL THERAPY FACILITY. A place where treatment of disease and injury by mechanical means such as exercise, heat, light, and massage is provided. REHABILITATION FACILITY. A place used to assist humans to achieve or to restore good health or useful life through therapy, treatment and education. SURGERY CENTER. An establishment that delivers surgical procedures on an outpatient basis and requiring less than a 24 hour stay. URGENT CARE CENTER. An establishment that delivers generally non-surgical physician services on an emergency or immediate basis or without the requirement of an appointment for such services. Section Il: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. 7 PASSED by the Common Council of the City of Carmel, Indiana this ~'A~day of ~002, by a vote of~ ayes and t9 nays. COMMON COUNCIL FOR THE CITY OF CARMEL Diana L. Cordray, IAMC, President Pro Tempore Pres~'~ted ~y me to the May. or of the City of Carmel, Indiana, this ~ day of ~ , 2002, at {0fc:'-~O P.M. City ofCurer Approved by me, Mayor of the ~, ~f~ ,2002, at /tS JZ P.M. Jj~nes Brainard, Mayor Hall, Render, Killian, Heath & Lyman, P.S.C. One American Square, Suite 2000 Indianapolis, 1N 46282 (317) 633-4884 04523d~ 07/02/02 8 CERTIFICATION OF THE CARMEL/CLAY PLAN COMMISSION'S RECOMMENDATION ON A PETITION TO AMEND THE CARMEL/CLAY ZONING ORDINANCE PURSUANT TO 1NDIANA CODE 36-7-4-605 ORDINANCE No. Z-389-02 Old Meridian District- Mixed Medical Zone (Ordinance Amendment) To' The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application of the City of Carmel, Department of Community Services (Docket No. 32-02 OA) petitioning to establish the Old Meridian District - Mixed Medical Zone. The Carmel/Clay Plan Commission's recommendation on the petition of the City of Cannel, Department of Community Services is FAVORABLE. At a regularly scheduled meeting of Tuesday, June 18, 2002, the Carmel/Clay Plan Commission voted thirteen (13) in Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed Ordinance No. Z-389-02 with a Favorable Recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7-4-607(e), the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety days from the date of this Certification is Thursday, September 26, 2002. CARMEL/CLAY PLAN COMMISSION l~,'nd~'rson, Pre~'idcdn(' DATED: Friday, June 28, 2002 2002-06-26; Z-389-02 OM-MM Certification Commitments Attendant to Approval of Rezoning Petition Z-389-02 St. Vincent Hospital and Health Care Center, Inc. (hereafter, "Petitioner") makes the following Commitments to the City of Carmel & Clay Township Plan Commission: 1. Description of Real Estate: (See Exhibit A - Legal Description of Property) 2. Statement of Commitments: (a). Petitioner hereby agrees to dedicate right of way necessary pursuant to the Carmel/Clay Thoroughfare Plan along the north side of 131 st St., the west side of Guilford Road, and the east side of Old Meridian Street. (b). Petitioner hereby agrees to dedicate right of way necessary for the construction of a roundabout at the intersection of Guilford Road and Old Meridian Street subject to approval of the City Engineer consistent with the area identified in Exhibit "B". The foregoing commitment (b) is subject to the City's obligation to mitigate to Petitioner's reasonable satisfaction any adverse affect on Petitioner's improvements located within or impacted by such right of way dedication area, including, but not limited to the storm water detention pond. (c). After July 1, 2003, Petitioner will contribute to the City an amount not to exceed thirty thousand dollars ($30,000.00) to be used for the cost of labor and materials necessary to continue the construction of that certain multi-use path that commences at the easternmost existing trail in Meadowlark Park directly east to the Monon Trail. Petitioner shall have the right to name or identify such multi-use path with identifying signs or other markings reasonably acceptable to Petitioner and City. The specific terms, conditions, rights and obligations of Petitioner and City regarding this commitment (c) shall be contained in a definitive agreement reasonably acceptable to Petitioner and City. 3. Binding on Heirs, Successors and Assigns. These commitments are binding on the owner of the Real Estate, each subsequent owner of the real estate, and each person acquiring any interest in the Real Estate, unless modified or terminated by the governmental authority authorized to modify. 4. Effectiveness. These commitments shall be effective upon the approval by the Carmel City Council ofZ-389-02. 5. Recording. The undersigned agrees to record these commitments in the Office of the Recorder of Hamilton County, Indiana, upon granting of the approval of the project. = Enforcement. These commitments may be enforced by the Carmel/Clay Plan Commission and/or the City of Carmel, Indiana. Executed this ~3 day of ~q~"/'~2~.e'/~'/F ~, 2002. ST. VINCENT HOSPITAL AND HEALTH CARE CENTER, 1NC. By: ~~ Title: ~/~'~ Printed ~H~ STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) ~. O,,.-.'v~ are Center, Inc., who acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal the day of ~'--~ -" ,~'~ ,2002. County of Residence: ~ a ] ' My Co~ission Ex~o,,,~.~. HamiR0n O0u~ / ~ Prepared in accordance with the Cannel/Clay Plan Conmaission's approval of Docket No's. 33- 02Z, 32-02 CA and 31-02 CPA. Prepared by Robert A. Hicks, Esq., Hall, Render, Killian, Heath & Lyman, P.S.C., One American Square, Suite 2000, Indianapolis, Indiana 46282 04527drr.doc 08/15/02 EXHIBIT A Legal Description of Property (Page 1 of 12) Parcel 16-09-25-01-01-002.000 A part of the West Half of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Begin at a point in the center of the County Highway which is 1315.7 feet North of the Southeast comer of the West Half of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, and run thence West 130.0 feet, thence North 335.07 feet to a point near the center of State Highway No. 31, thence East 130.0 feet to the intersection with the East line of the West Half of the Northwest Quarter, thence South 335.07 feet to the place of beginning. A part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at a point 335.07 feet North of the Southeast Comer of said Quarter Quarter Section, run thence West 127.9 feet to the center of State Highway 31, thence Northeasterly along the center of said Highway 222.7 feet to a point on the East line of said Quarter Section, thence South on said East line 176.3 feet to the place of beginning. Exhibit A (Page 2 of 12) Parcel 16-09-25-01-01-003.000 A part of the Northwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, described as follows: Begin at a point 130.0 feet West of the Southeast comer of said Quarter Quarter Section, mn thence West on the South line of said Quarter Section 237.0 feet to the Center of State Highway No. 31, thence Northeasterly along the center of said Highway 408.62 feet to a point, thence South parallel with the East line of said Quarter Section 332.5 feet to the place of beginning. Parcel 16-09-25-01-01-004.000 Parcel 16-09-25-01-01-005.000 Parcel 16-09-25-01-01-005.001 Exhibit A (Page 3 of 12) Part of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, Indiana, described as follows: Beginning at the Northeast comer of said Northeast Quarter of the Southwest quarter of the Northwest Quarter of said section; thence South (South 01 degrees 09 minutes 17 seconds West (assumed bearing) along the East line thereof 340.00 feet; thence North 66 degrees 09 minutes West 451.51 feet (North 64 degrees 59 minutes 43 seconds West 452.87 feet measured) to the East right-of-way line of State Road U.S. 31; thence North 35 degrees 27 minutes 15 seconds East with same 185.00 feet (North 36 degrees 38 minutes 41 seconds East 184.76 feet measured); thence North 88 degrees 44 minutes 15 seconds East 305.72 feet (North 89 degrees 57 minutes 03 seconds East 307.00 feet measured) to the place of beginning, containing 2.13 acres (2.14 acres, more or less measured). Part of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Beginning on the East line of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East 448.00 feet South 01 degrees 09 minutes 17 seconds West (assumed bearing) from the Northeast comer thereof', thence South 01 degrees 09 minutes 17 seconds West on said East line 75.45 feet; thence North 89 degrees 58 minutes 34 seconds West 653.21 feet to the West line of the Northeast Quarter of the Southwest Quarter of said Northwest Quarter; thence North 01 degrees 06 minutes 38 seconds East on said West line 44.38 feet to the Easterly right-of-way line of Meridian Street (former U.S. Highway No. 31); thence North 36 degrees 38 minutes 41 seconds East on said right-of-way line 217.51 feet to a line which bears North 74 degrees 39 minutes 49 seconds West from the place of beginning; thence South 74 degrees 39 minutes 49 seconds East on said line 543.40 feet to the place of beginning, containing 2.162 acres, more or less. Part of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: Exhibit A (Page 4 of 12) Beginning on the East line of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of the Section 25, Township 18 North, Range 3 East 340.00 feet South 01 degrees 09 minutes 17 seconds West (assumed beating) from the Northeast comer thereof; thence South 01 degrees 09 minutes 17 seconds West on said East line 108.00 feet; thence North 74 degrees 39 minutes 49 seconds West 543.40 feet to the Easterly right-of-way line of Meridian Street (former U.S. Highway No. 31); thence North 36 degrees 38 minutes 41 seconds East on said right-of-way line 194.03 feet to a line which bears North 64 degrees 59 minutes 43 seconds West from the place of beginning; thence South 64 degrees 59 minutes 43 seconds East on said line 452.87 feet to the place of beginning, containing 1.641 acre, more or less. Parcel 16-09-25-01-01-006.000 Exhibit A (Page 5 of 12) The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, in Hamilton County, State of Indiana, containing 10 acres, more or less. EXCEPT: Part of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Beginning on the South line of the Northwest Quarter of Section 25, Township 18 North, Range 3 East 583.01 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) of the Southwest comer thereof; thence North 90 degrees 00 minutes 00 seconds East on and along said South line 660 feet to the East line of the Southwest Quarter of said Northwest Quarter; thence North 01 degrees 19 minutes 17 seconds East on and along said East line 250.00 feet; thence North 90 degrees 00 minutes 00 seconds West parallel with the South line of said Northwest Quarter 660 feet; thence South 01 degrees 19 minutes 17 seconds West parallel with the East line of the Southwest Quarter of said Northwest Quarter 250.00 feet to the beginning point. Exhibit A (Page 6 of 12) Parcel 16-09-25-01-01-008.002 Part of the Southwest Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at the Southwest comer of the Northwest Quarter of Section 25, Township 18 North, Range 3 East; thence North 90 degrees 00 minutes 00 seconds East (assumed beating) on and along the South line thereof 319.10 feet; thence North 01 degrees 03 minutes 45 seconds East parallel with the West line of said Quarter 458.58 feet to the centerline of Meridian (former U.S. Highway 31) Street; thence North 36 degrees 38 minutes 23 seconds East on and along said centerline 95.10 feet to the Tree Beginning Point of this description; continuing thence North 36 degrees 38 minutes 23 seconds East on and along said centerline 472.61 feet to the East line of real estate conveyed to Rene G. DuBois by Warranty Deed recorded in Deed Record 143, page 269, in the Office of the Hamilton County Recorder; thence South 01 degrees 05 minutes 09 seconds West on and along said line 125.00 feet; thence North 89 degrees 55 minutes 36 seconds East 657.85 feet to a point on the East line of the Southwest Quarter of said Northwest Quarter that is 523.45 feet South 01 degrees 02 minutes 07 seconds West of the Northeast comer thereof; thence South 01 degrees 02 minutes 07 seconds West and along said East line 133.29 feet to the North line of the South Half of the Southwest Quarter of said Northwest Quarter; thence South 89 degrees 56 minutes 45 seconds West on and along said North line 657.97 feet to the East line of the aforesaid DuBois real estate; thence South 01 degrees 05 minutes 09 seconds West on and along said East line 322.84 feet to a point that is South 53 degrees 21 minutes 37 seconds East of the Tree Beginning Point; thence North 53 degrees 21 minutes 37 seconds West 337.78 feet to the Tree Beginning Point. Parcel 17-09-25-00-00-021.000 Exhibit A (Page 7 of 12) A part of the Northeast Quarter of Section 26 and a part of the Northwest Quarter of Section 25, all in Township 18 North, Range 3 East, described as follows: Begin 213.8 feet West and 742.6 feet North of the Southeast comer of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, thence North 569.8 feet to the North line of the South Half of the said North East Quarter, thence East on said line 1165.7 feet to center of State Highway No. 31, thence Southwesterly along center of said Highway 726.4 feet to a point 742.6 feet North of the South line of the Northwest Quarter of Section 25, Township 18 North, Range 3 East, thence West 736.8 feet to the place of beginning; EXCEPT: A part of the Southwest quarter of the Northwest Quarter of Section Twenty Five, Township Eighteen North, Range Three East, described as follows: Begin at a point in the center of State Road No. 31, said point being 650.2 feet East and 917.7 feet North of the Southwest comer of the Northwest Quarter of said Section 25, run thence North 398. feet, thence East 287.3 feet to the intersection of the center line of said State Road No. 31, thence Southwesterly on the center line of said State Road No. 31, a distance of 491. feet to the place of beginning, being in Hamilton County, Indiana. Parcel 17-09-25-00-00-021.001 Exhibit A (Page 8 of 12) Parcel 17-09-26-02-03-024.000 Part of the Northeast Quarter of Section 26 and the Northwest Quarter of Section 25, Township 18 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: Beginning at a point on the East line of said northeast quarter section being North 0 degrees 48 minutes 08 seconds East (assumed basis of bearings) 742.6 feet from the Southeast comer thereof; thence South 89 degrees 48 minutes 50 seconds West, parallel with the South line of said northeast quarter section, 213.8 feet; thence North 0 degrees 48 minutes 08 seconds East, parallel with said east line, 568.58 feet to the North line of the Southeast Quarter of said northeast quarter section; thence North 89 degrees 46 minutes 55 seconds East, along said north line, 213.8 feet to the Northeast comer of said quarter-quarter section, also being the Northwest comer of the Southwest Quarter of the Northwest Quarter of said Section 25; thence North 89 degrees 37 minutes 36 seconds East, along the North line of said quarter-quarter section, 180.43 feet; thence South 0 degrees 48 minutes 08 seconds West, parallel with the West line of said quarter-quarter section, 514.02 feet; thence North 89 degrees 43 minutes 51 seconds East, parallel with the South line of said quarter-quarter section, 354.20 feet to the centerline of Meridian Street (old U.S. 31) as it now exists; thence South 36 degrees 23 minutes 05 seconds West, along said centerline, 68.55 feet; thence South 89 degrees 43 minutes 51 seconds West, parallel with said south line, 524.72 feet to the point of beginning and containing 5.606 acres, more or less. Subject to right of way for Meridian Street off the entire Easterly side thereof and all other applicable easements and rights of way of record. Exhibit A (Page 9 of 12) Parcel 17-09-25 -00-00-022.000 A part of the southwest quarter of the northwest quarter of Section Twenty Five, Township Eighteen North, Range Three East, described as follows: Begin at a point in the center of State Road No. 31, said point being 650.2 feet east and 917.7 feet north of the southwest comer of the northwest quarter of said Section 25, nm thence north 398. feet, thence east 287.3 feet to the intersection of the center line of said State Road No. 31, thence southwesterly on the center line of said State Road No. 31, a distance of 491. feet to the place of beginning. Exhibit A (Page 10 of 12) Parcel 1%09-26-00-00-008.000 A part of the East half of the Northeast Quarter of Section 26, Township 18 North, Range 3 East of the Second Principal Meridian, Hamilton County, Indiana, being more particularly described as follows: Beginning on the South line of said East half South 89 degrees 48 minutes 50 seconds West 379.75 feet of the Southeast comer thereof; thence continuing South 89 degrees 48 minutes 50 seconds West 315.95 feet along said South line to a point which is 1968.68 feet measured (1967.29 feet deed) East of the Southwest comer of said East half; thence North 00 degrees 48 minutes 08 seconds East, parallel to the East line of said half section, 1585.91 feet; thence North 89 degrees 46 minutes 55 seconds East 315.95 feet; thence South 00 degrees 48 minutes 08 seconds West, parallel to the East line of said half section, 1586.09 feet to the point of begirming and containing 11.5 acres, more or less. Exhibit A (Page 11 of 12) Parcel 17-09-26-00-00-011.000 A part of the Northeast Quarter of Section 26, Township 18 North, Range Three East, described as follows, to-wit: Begin at a point 213.8 feet West of the Southeast comer of the northeast quarter of Section 26, and mn thence north parallel with the East line of said quarter section 1312.4 feet, thence West 165.95 feet, thence South 1312.4 feet, thence East 165.95 feet to the place of beginning in Hamilton County, Indiana. EXCEPTTHEREFROM: Part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 18 North, Range 3 East, Hamilton County, Indiana, and being more particularly described as follows: Commencing at the Southeast comer of said quarter-quarter section; thence South 89 degrees 48 minutes 50 seconds West, on and along the South line of said quarter-quarter section, 213.80 feet; thence North 0 degrees 48 minutes 08 seconds East, parallel with the East line of said quarter-quarter section, 341.73 feet to the point of beginning; thence continue North 0 degrees 48 minutes 08 seconds East, parallel with the said east line, 969.45 feet to the North line of said quarter-quarter section; thence South 89 degrees 46 minutes 55 seconds West, on and along said north line, 165.95 feet; thence South 0 degrees 48 minutes 08 seconds West, parallel with said east line, 969.36 feet; thence North 89 degrees 48 minutes 50 seconds East, parallel with said south line, 165.95 feet to the point of beginning. Containing 3.693 acres, more or less. Subject to all applicable easements of record.