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HomeMy WebLinkAboutZ-430-03 River Trail ParkSPONSOR: COUNCILOR RATTERMANN ,ORDINANCE NO. Z-430-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning the River Trail from the S-I/Residence District Classification to the P-1/Parks & Recreation District Classification WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter i0 of the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36-%4-602 the Common Council is authorized to amend the map that is part of the zoning ordinance; and WHEREAS, the Carmel/Clay Plan Commission has favorably recommended the rezoning of the real property, the legal description of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real property from the S-l/Residence District Classification to the P-i/Parks & Recreation District Classification. Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Z-430-03 PASSED by the Common Council of the City of Carmel, Indiana this ~.+~dayof ,~C~r~/_liLtu~j..k 2004, byavoteof ~ayesand t9 nays. COMMON COUNCIL FOR THE CITY OF CARMEL /A~nald ~/C.jtrt~ident Pro Tempore iana L. cordray~~C, C rk_Treasurer Pres'ented bY me t° the May°r °f the City °f Carmel, Indiana this/~day of'~'~' 2004, at [05-3 Z.M. Diana L. Cordray, IAMC, Clert~Tre~surer by me, Mayor o£the City of Carmel, ~ ~'//' ~ Approved Indiana, this/~ ~ day of ~7~/' 2004, at/O:~h~ ~:.M. d, ~ ~nes-Brainard, Mayor Mark P~at'tel~h~n'~' .. Richard L! S~a~p ~" Diana L. Cordray, IAMC, (~erktTreasurer Prepared by: Sue Beesley Bingham McHale LLP 2700 Market Tower 10 W. Market Street Indianapolis, IN 46204-2982 827788 LOCATION MAP River Trail EXHIBIT A LEGAL DESCRIPTION RIVER TRAIL Parcel 7, 8, 9: PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST; THENCE SOUTH 89 DEGREES 48 MINUTES 40 SECONDS EAST (ASSUMED BEAR/NG) ON AND ALONG THE SOUTH LINE THEREOF 461.50 FEET TO A PK NAIL SET AT THE POINT OF INTERSECTION OF THE CENTERLINE OF RIVER ROAD (STATE ROAD #234); THENCE NORTH 18 DEGREES 42 MINUTES 34 SECONDS EAST ON AND ALONG SAID CENTERLINE 470.37 FEET TO A PK NAIL; THENCE NORTH 18 DEGREES 51 MINUTES 09 SECONDS EAST ON AND ALONG SAID CENTERLINE 444.20 FEET TO A PK NAIL; THENCE NORTH 20 DEGREES 33 MINUTES 37 SECONDS EAST ON AND ALONG SAID CENTERLINE 111.00 FEET TO A PK NAIL; THENCE NORTH 04 DEGREES 08 MINUTES 57 SECONDS EAST ON AND ALONG SAID CENTERLINE 325.06 FEET TO A PK NAIL; THENCE NORTH 04 DEGREES 32 MINUTES 59 SECONDS EAST ON AND ALONG SAID CENTERL1NE 214.38 FEET TO A PK NAIL SET AT THE TRUE BEGINNING POINT OF THIS DESCRIPTION; THENCE NORTH 05 DEGREES 27 MINUTES 51 SECONDS EAST ON AND ALONG SAID CENTERLINE 65.33 FEET TO A PK NAIL; THENCE NORTH 08 DEGREES 04 MINUTES 02 SECONDS EAST ON AND ALONG SAID CENTERLINE 174.38 FEET TO A PK NAIL SET AT THE NORTHWEST CORNER OF REAL ESTATE DESCRIBED IN WARRANTY DEED RECORDED IN DEED RECORD 172, PAGE 389 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE NORTH 09 DEGREES 22 MINUTES 49 SECONDS EAST ON AND ALONG SAID CENTERL1NE 135.09 FEET TO A PK NAiL; THENCE SOUTH 83 DEGREES 29 MINUTES 12 SECONDS EAST 130.87 FEET TO AN IRON PIN; THENCE SOUTH 89 DEGREES 11 MINUTES 37 SECONDS EAST THROUGH AN IRON PIN SET AT THE WEST TOP OF BANK OF WHITE RIVER 89.19 FEET TO THE WEST LOW WATER L/NE THEREOF; THENCE SOUTH 06 DEGREES 56 MINUTES 58 SECONDS EAST ON AND ALONG SAID LOW WATER LINE 147.86 FEET TO THE NORTH LINE OF SAID REAL ESTATE DESCRIBED IN DEED RECORD 172, PAGE 389; THENCE SOUTH 12 DEGREES 05 MINUTES 51 SECONDS EAST ON AND ALONG SAID LOW WATER LINE 234.71 FEET TO THE EASTERLY PROLONGATION OF A LINE MARKED BY AN IRON PIN SET AT THE WEST TOP OF BANK OF SAID WHITE RIVER; THENCE SOUTH 89 DEGREES 37 MINUTES 58 SECONDS WEST ON AND ALONG SAID SOUTH LINE 143.57 FEET TO AN IRON PIN; THENCE NORTH 83 DEGREES 29 MINUTE 12 SECONDS WEST 196.70 FEET TO THE TRUE BEGINNING POINT, CONTAINING 2.400 ACRES, MORE OR LESS. PARCEL 3: PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST; THENCE SOUTH 89 DEGREES 48 MINUTES 40 SECONDS EAST (ASSUMED BEARING) ON AND ALONG THE SOUTH LINE THEREOF 461.50 FEET TO A PK NAIL SET AT THE POINT OF INTERSECTION OF THE CENTERLINE OF RIVER ROAD (STATE ROAD #234); THENCE NORTH 18 DEGREES 42 MINUTES 34 SECONDS EAST ON AND ALONG SAID CENTERLINE 25.84 FEET TO A PK NAIL SET AT THE TRUE BEGINNING POINT OF THIS DESCRIPTION ON THE NORTH LINE OF A 24.5 FOOT STRIP OF GROUND DESCRIBED IN A DEED RECORDED IN DEED RECORD 297, PAGES 616 AND 6t7 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; CONTINUING THENCE NORTH 18 DEGREES 42 MINUTES 34 SECONDS EAST ON AND ALONG THE CENTERLINE OF SAD RIVER ROAD 444.53 FEET TO A PK NAIL; THENCE NORTH 18 DEGREES 51 MINUTES 09 SECONDS EAST ON AND ALONG SAID CENTERLINE 444.20 FEET TO A PK NAIL SET ON THE SOUTH LINE OF REAL ESTATE DESCRIBED IN A WARRANTY DEED RECORDED IN DEED RECORD 104, PAGE 207 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE SOUTH 89 DEGREES 48 MINUTES 40 SECONDS EAST ON AND ALONG SAID SOUTH LINE 1326.50 FEET TO AN IRON PIN SET ON THE WEST LINE OF REAL ESTATE DESCRIBED IN THE AFORESAID WARRANTY DEED RECORDED IN DEED RECORD 297, PAGES 616 AND 617; THENCE SOUTH 36 DEGREES 35 MINUTES 17 SECONDS WEST ON AND ALONG SAID WEST LINE 1016.70 FEET TO AN IRON PIN; THENCE SOUTH 00 DEGREES 11 MINUTES 20 SECONDS WEST ON AND ALONG SAID WEST LiNE 24.01 FEET TO AN IRON PIN SET ON THE NORTH LINE OF THE AFORESAID 24.5 FOOT STRIP OF GROUND; THENCE NORTH 89 DEGREES 48 MINUTES 40 SECONDS WEST ON AND ALONG SAID NORTHLINE 1006.53 FEET TO THE TRUE BEGINNING POINT; CONTAINING 22.397 ACRES, MORE OR LESS. PARCEL 4: PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH; RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST; THENCE SOUTH 89 DEGREES 48 MINUTES 40 SECONDS EAST (ASSUMED BEARING) ON AND ALONG THE SOUTH LINE THEREOF 461.50 FEET TO A PK NAIL SET AT THE POINT OF INTERSECTION OF THE CENTERLINE OF RIVER ROAD (STATE ROAD #234); THENCE NORTH 18 DEGREES 42 MINUTES 34 SECONDS EAST ON AND ALONG SAID CENTERLINE 470.37 FEET TO A PK NAIL; THENCE NORTH 18 DEGREES 51 MINUTES 09 SECONDS EAST ON AND ALONG SAID CENTERLINE 444.20 FEET TO A PK NAIL SET AT THE TRUE BEGINNING POINT OF THIS DESCRIPTION ON THE SOUTH LINE OF REAL ESTATE DESCRIBED IN A WARRANTY DEED RECORDED IN DEED RECORD 104, PAGE 207 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE NORTH 20 DEGREES 33 MINUTES 37 SECONDS EAST ON AND ALONG SAID CENTERLINE 111.00 FEET TO A PK NAIL; THENCE NORTH 04 DEGREES 08 MINUTES 57 SECONDS EAST ON AND ALONG SAID CENTERL/NE 325.06 FEET TO A PK NAIL; THENCE NORTH 04 DEGREES 32 MINUTES 59 SECONDS EAST ON AND ALONG SAID CENTERLINE 214.38 FEET TO A PK NAIL; THENCE SOUTH 83 DEGREES 29 MINUTES 12 SECONDS EAST 196.70 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 37 MINUTES 58 SECONDS EAST THROUGH AN IRON PIN SET ON THE WEST TOP OF BANK OF WHITE RIVER 143.57 FEET TO THE WEST LOW WATER LINE OF SAID RIVER; THENCE SOUTHEASTERLY FOLLOWING THE MEANDERINGS OF SAID RIVER (THE FOLLOWING THREE COURSES ARE CALCULATED LINES EXTENDING FROM POINT TO POINT ALONG THE WEST LOW WATER LINE AND AR~ INCLUDED FOR COMPUTATIONAL CLOSURE ONLY, THE ACTUAL BOUNDARY BEING ON AND ALONG THE WEST LOW WATER LINE OF THE RIVER, SOUTH 24 DEGREES 33 MINUTES 22 SECONDS EAST 212.18 FEET; THENCE SOUTH 50 DEGREES 45 MINUTES 00 SECONDS EAST 375.00 FEET; THENCE SOUTH 71 DEGREES 45 MINUTES 00 SECONDS EAST 570.00 FEET) TO THE WEST LINE OF REAL ESTATE DESCRIBED IN A WARRANTY DEED RECORDED IN DEED RECORD 297, PAGES 616 AND 617 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE SOUTH 36 DEGREES 35 MINUTES 17 SECONDS WEST ON AND ALONG SAID WEST LINE 20.00 FEET TO AN IRON PIN SET ON THE INTERSECTION OF THE SOUTH LINE OF THE AFORESAID REAL ESTATE DESCRIBED IN DEED RECORD 104, PAGE 207; THENCE NORTH 89 DEGREES 48 MINUTES 40 SECONDS WEST ON AND ALONG SAID SOUTH LINE 1326.50 FEET TO THE TRUE BEGINNING POINT, CONTAINING 9.711 ACRES, MORE OR LESS. PARCEL 5: PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST AND PART OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST; THENCE SOUTH 89 DEGREES 48 MINUTES 40 SECONDS EAST (ASSUMED BEARING) ON AND ALONG THE SOUTH LINE THEREOF 461.50 FEET TO A PK NAIL SET AT THE POINT OF INTERSECTION OF THE CENTERLINE OF RIVER ROAD (STATE ROAD #234); THENCE NORTH 18 DEGREES 42 MINUTES 34 SECONDS EAST ON AND ALONG SAID CENTERLINE 470.37 FEET TO A PK NAIL; THENCE NORTH 18 DEGREES 51 MINUTES 09 SECONDS EAST ON AND ALONG SAID CENTERLINE 444.20 FEET TO A PK NAIL; THENCE NORTH 20 DEGREES 33 MINUTES 37 SECONDS EAST ON AND ALONG SAID CENTERLINE 111.00 FEET TO A PK NAIL; THENCE NORTH 04 DEGREES 08 MINUTES 57 SECONDS EAST ON AND ALONG SAID CENTERLINE 325.06 FEET TO A PK NAIL SET AT THE TRUE BEGINNING POINT OF THIS DESCRIPTION ON THE SOUTH LINE OF REAL ESTATE DESCRIBED IN DEED RECORD 110, PAGE 328 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE NORTH 04 DEGREES 32 MINUTES 59 SECONDS EAST ON AND ALONG THE CENTERLINE OF SAID RIVER ROAD 214.38 FEET TO A PK NAIL; THENCE NORTH 05 DEGREES 27 MINUTES 51 SECONDS EAST ON AND ALONG SAID CENTERLINE 65.33 FEET TO A PK NAIL; THENCE NORTH 08 DEGREES 04 MINUTES 02 SECONDS EAST ON AND ALONG SAID CENTERLINE 174.38 FEET TO A PK NAIL; THENCE NORTH 09 DEGREES 22 MINUTES 49 SECONDS EAST ON AND ALONG SAID CENTERLINE 135.09 FEET TO A PK NAIL; THENCE SOUTH 83 DEGREES 29 MINUTES 12 SECONDS EAST 130.87 FEET TO AN IRON PIN; THENCE SOUTH 89 DEGREES 11 MINUTES 37 SECONDS EAST THROUGH AN IRON PIN SET AT THE WEST TOP OF BANK OF WHITE RIVER, 89.19 FEET TO THE WEST LOW WATER LINE OF SAID RIVER; THENCE NORTH 01 DEGREES 25 MINUTES 25 SECONDS WEST ON AND ALONG SAID LOW WATER LINE 178.11 FEET TO THE EASTERLY PROLONGATION OF A LINE MARKED BY AN IRON PIN SET AT THE WEST TOP OF BANK OF SAID WHITE RIVER; THENCE NORTH 84 DEGREES 45 MINUTES 41 SECONDS WEST THROUGH SAID IRON PIN 186.80 FEET TO A PK NAIL SET ON THE CENTERLINE OF RIVER ROAD (STATE ROAD #234); THENCE NORTH 09 DEGREES 22 MINUTES 47 SECONDS EAST ON AND ALONG SAID CENTERLINE 84.00 FEET TO A PK NAIL; THENCE SOUTH 84 DEGREES 45 MINUTES 41 SECONDS EAST THROUGH AN IRON PIN SET ON THE WEST TOP OF BANK OF WHITE RIVER 180.86 FEET TO AND ALONG SAID LOW WATER LiNE 192.16 FEET; THENCE NORTH 20 DEGREES 35 MINUTES 24 SECONDS EAST ON AND ALONG SAID LOW WATER LINE 345.24 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 36 MINUTES 21 SECONDS WEST ON AND ALONG SAID NORTH LINE 1246.51 FEET TO A FOUND STONE MARKING THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH, RANGE 4 EAST; THENCE NORTH 89 DEGREES 56 MINUTES 29 SECONDS WEST ON AND ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 1090.04 FEET TO A FOUND STONE ACCEPTED AS MARKING THE WEST LINE OF REAL ESTATE DESCRIBED IN A WARRANTY DEED RECORDED IN DEED RECORD 230, PAGE 88 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE SOUTH 00 DEGREES 05 MINTJTES 17 SECONDS WEST ON AND ALONG SAID WEST LINE 745.73 FEET TO A STONE FOUND 1901.04 FEET NORTH 00 DEGREES 05 MINUTES 17 SECONDS EAST OF THE SOUTH LINE OF SAID QUARTER WHICH WAS ACCEPTED AS MARKING THE SOUTH LINE OF SAID OF REAL ESTATE DESCRIBED IN A DEED RECORDED IN DEED RECORD 110, PAGE 328 IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE SOUTH 89 DEGREES 54 MINUTES 53 SECONDS EAST ON AND ALONG SAID SOUTH LiNE 1090.21 FEET TO A STONE FOUND ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST; THENCE SOUTH 00 DEGREES 04 MINUTES 29 SECONDS WEST ON AND ALONG SAID WEST LINE 604.23 FEET TO AN IRON PIN SET ON THE SOUTH LINE OF REAL ESTATE DESCRIBED IN SAID DEED RECORD 110, PAGE 328; THENCE SOUTH 89 DEGREES 48 MINUTES 40 SECONDS EAST ON AND ALONG SAID SOUTH LINE 816.73 FEET TO THE TRUE BEG/NNING POINT; CONTAINING 49.733 ACRES, MORE OR LESS. PARCEL 6: PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST; THENCE SOUTH 89 DEGREES 48 MINUTES 40 SECONDS EAST (ASSUMED BEARING) ON AND ALONG THE SOUTH LINE THEREOF 461.50 FEET TO A PK NAIL SET AT THE POINT OF INTERSECTION OF THE CENTERLINE OF RIVER ROAD (STATE ROAD #234); THENCE NORTH 18 DEGREES 42 MINUTES 34 SECONDS EAST ON AND ALONG SAID CENTERLINE 470.37 FEET TO A PK NAIL; THENCE NORTH 18 DEGREES 51 MINUTES 09 SECONDS EAST ON AND ALONG SAID CENTERLINE 444.20 FEET TO A PK NAIL; THENCE NORTH 20 DEGREES 33 MINUTES 37 SECONDS EAST ON AND ALONG SAID CENTERLINE 111.00 FEET TO A PK NAIL; THENCE NORTH 04 DEGREES 08 MINUTES 57 SECONDS EAST ON AND ALONG SAID CENTERLINE 325.06 FEET TO A PK NAIL; THENCE NORTH 04 DEGREES 32 MINUTES 59 SECONDS EAST ON AND ALONG THE CENTERLINE OF SAID RIVER ROAD; 214.38 FEET TO A PK NAIL; THENCE NORTH 05 DEGREES 27 MINUTES 51 SECONDS EAST ON AND ALONG SAID CENTERLINE 65.33 FEET TO A PK NAIL; THENCE NORTH 08 DEGREES 04 MINUTES 02 SECONDS EAST ON AND ALONG SAID CENTERLINE 174.38 FEET TO A PK NAIL; THENCE NORTH 09 DEGREES 22 MINUTES 49 SECONDS EAST ON AND ALONG SAID CENTER.LINE 135.09 FEET TO A PK NAIL; THENCE NORTH 09 DEGREES 07 MINUTES 42 SECONDS EAST ON AND ALONG SAID CENTERLINE 181.31 FEET TO A PK NAIL SET AT THE TRUE BEGINNING POINT OF THIS DESCRIPTION; THENCE NORTH 09 DEGREES 22 MINUTES 47 SECONDS EAST ON AND ALONG SAID CENTERLINE 84.00 FEET TO A PK NAIL; THENCE SOUTH 84 DEGREES 45 MINUTES 41 SECONDS EAST THROUGH AN IRON pIN SET ON THE WEST TOP OF BANK OF WHITE RIVER 180.86 FEET TO THE WEST LOW WATER LINE THEREOF; THENCE SOUTH 05 DEGREES 19 MINUTES 27 SECONDS WEST ON AND ALONG SAID LOW WATER LINE 83.78 FEET TO THE EASTERLY PROLONGATION OF A LINE MARKED BY AN IRON PIN SET AT THE WEST TOP BANK OF SAID WHITE RIVER; THENCE NORTH 84 DEGREES 45 MINUTES 41 SECONDS WEST THROUGH SAID IRON PIN 186.80 FEET TO THE TRUE BEGINNING POINT; CONTAINING 0.354 ACRE, MORE OR LESS. WHICH CAN ALSO BE DESCRIBED AS FOLLOWS: PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST AND PART OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST OF THE SECOND PRINCIPAL -.v~ ~ ~t~t)~ND8 EAST (ASSUMED BEARING) ON AND ALONG THE SOUTH LINE THEREOF 461.50 FEET TO A PK NAIL SET AT THE POINT OF INTERSECTION OF THE CENTERLINE OF RIVER ROAD (STATE ROAD #234); THENCE NORTH 18 DEGREES 42 MINUTES 34 SECONDS EAST 25.84 FEET ALONG SAD CENTERLINE TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 18 DEGREES 42 M1NUTES 34 SECONDS EAST ON AND ALONG SAID CENTERLINE 444.53 FEET TO A PK NAIL SET; THENCE NORTH 18 D MINUTES 09 SECONDS EAST O~ ~rr~ ~ ,nxT,-, - EGREES 51 ........ ,~,-,~tJ 8AID CENTERLINE 444.20 FEET TO A PK NAIL SET AT THE NORTHWEST CORNER OF PARCEL NO. 3 CONVEYED TO E. LORRAINE MOFFITT AS TRUSTEE OF THE ERMA LORRAINE (PIERCY) MOFFITT TRUST OF HAMILTON COUNTY, INDIANA DESCRIBED IN INSTRUMENT NO. 94- 39817 AND RECORDED IN THE OFFICE OF THE HAMiLTON COUNTY RECORDER; THENCE NORTH 20 DEGREES 33 MINUTES 37 SECONDS EAST ON AND ALONG SAID CENTERLINE 111.00 FEET TO A 5/8" CAPPED IRON REBAR MARKED "WEIHE ENGR LS 0012" (CAPPED REBAR) THENCE NORTH 04 DEGREES 08 MINUTES 57 SECONDS EAST ON AND ALONG SAID CENTERLINE 325.06 FEET TO A PK NAiL SET AT A SOUTHEAST CORNER OF PARCEL NO. 5 CONVEYED TO E. LORRAINE MOFFITT AS TRUSTEE OF THE ERMA LORRAINE (PIERCY) MOFFIT TRUST OF HAMILTON COUNTY, INDIANA, DESCRIBED IN INSTRUMENT NO. 94-39817 AND RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE NORTH 89 DEGREES 48 MINUTES 40 SECONDS WEST 816.73 FEET ALONG THE MOST SOUTHERLY LINE OF SAID PARCEL NO. 5 TO A CAPPED REBAR LOCATED ON THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 04 MINUTES 29 SECONDS EAST 604.23 FEET ALONG SAID WEST QUARTER SECTION LINE TO A CAPPED REBAR; THENCE NORTH 89 DEGREES 54 MINUTES 53 SECONDS WEST 1090.21 FEET TO A CAPPED REBAR SET ON THE WEST LINE OF THAT REAL ESTATE DESCRIBED IN DEED RECORD 230, PAGE 88 OF THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE NORTH 00 DEGREES 05 MINUTES 17 SECONDS EAST 745.73 FEET ALONG SAID WEST LINE TO A CAPPED REBAR SET ON THE NORTH LiNE OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA; THENCE SOUTH 89 DEGREES 56 MINUTES 29 SECONDS EAST 1090.04 FEET ALONG SAID NORTH LINE TO A CAPPED REBAR SET AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA; THENCE SOUTH 89 DEGREES 36 MINUTES 21 SECONDS EAST 1246.51 FEET THROUGH A CAPPED REBAR SET ON THE WEST TOP OF BANK OF WHITE RIVER TO THE WEST LOW WATER LINE THEREOF; THENCE SOUTHEASTERLy ALONG THE MEANDERING OF SAID RIVER (THE FOLLOWING NINE (9) COURSES ARE CALCULATED LINES FROM POINT TO POINT ALONG THE WEST LOW WATER LINE AND ARE INCLUDED FOR COMPUTATIONAL CLOSURE ONLY, THE ACTUAL BOUNDARy BEING ON AND ALONG THE WEST LOW WATER L/NE OF THE RIVER) 1.) SOUTH 20 DEGREES 35 MINUTES 24 SECONDS WEST 345.24 FEET; 2.) SOUTH 05 DEGREES 19 MINUTES 26 SECONDS WEST 192.16 FEET; 3.) SOUTH 05 DEGREES 19 MINUTES 27 SECONDS WEST 83.78 FEET; 4.) SOUTH 01 DEGREE 25 MINUTES 25 SECONDS EAST 178.11 FEET; 5.) SOUTH 06 DEGREES 56 MINUTES 58 SECONDS EAST 147.86 FEET; 6.) SOUTH 12 DEGREES 05 MINUTES 51 SECONDS EAST 234.71 FEET; 7.) SOUTH 24 DEGREES 33 MINUTES 22 SECONDS EAST 212.18 FEET; 8.) SOUTH 50 DEGREES 45 MINUTES 00 SECONDS EAST 375.00 FEET; 9.) SOUTH 71 DEGREES 45 M1NrUTES 00 SECOND EAST 570.00 FEET; THENCE SOUTH 36 DEGREES 35 MINUTES 17 SECONDS WEST 20.00 FEET TO A CAPPED REBAR LOCATED AT THE NORTHEAST CORNER OF PARCEL NO. 3 CONVEYED TO E. LORRAINE MOFFIT AS TRUSTEE OF THE ERMA LORRAINE (PIERCY) MOFFITT TRUST OF HAMILTON COUNTY, INDIANA, DESCRIBED IN INSTRUMENT NO. 9439817 AND RECORDED IN THE OFFICE OF THE HAMILTON COUNTy RECORDER; THENCE SOUTH 36 DEGREES 35 MINUTES 17 SECONDS WEST 1016.70 FEET ALONG THE EASTERLY LINE OF SAID PARCEL NO. 3 TO A CAPPED REBAR; THENCE SOUTH 00 DEGREES 11 MINUTES 20 SECONDS WEST 24.0~ FEET TO A CAPPED REBAR BEARING SOUTH 89 DEGREES 48 MINUTES 40 SECONDS EAST 1006.53 FEET FROM THE TRUE POINT OF BEGINNING, SAID REBAR IS ALSO LOCATED ON THE NORTH LINE OF A 24.50 FOOT STRIP OF LAND CONVEYED TO ERLHAM/CONNER PRA1RIE GOLF COURSE, LLC, DESCRIBED AS PARCEL NO. 2, IN INSTRUMENT #94-25771 AND RECORDED IN THE OFFICE OF THE HAMILTON COUNTY RECORDER; THENCE NORTH 89 DEGREES 48 MINUTES 40 SECONDS WEST 1006.53 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 84.595 ACRES, MORE OR LESS.