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HomeMy WebLinkAboutCCM-01-05-04 REVISED Ckyof Carmel COMMON COUNCIL MEETING AGENDA MONDAY, JANUARY 5, 2004 -7:30 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE *** REVISED *** MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. December 29, 2003 - Special Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS · Payroll · General Claims · Retirement 9. COMMITTEE REPORTS Administration Committee Annexation and Land Use Committee Economic Development Committee Finance Committee Parks and Recreation Committee Public Safety Committee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/57 D2400 10. OLD BUSINESS 1 I. PUBLIC HEARINGS 12. NEW BUSINESS a. First Reading of Ordinance No. D-1664-04; An Ordinance of the Common Council o£the City of Carmel, Indiana, Adopting and Adding Chaptcrl, Section 1-16 of the Carmel City Code (Second Class City Status); Sponsor: Councilor Carter b. First Reading of Ordinance No. D-1665-04; An Ordinance of thc Common Council o£the City of Carmel, Indiana, Adopting Chapter 2, Article 1, Division II, Section 2-8 of the Carmel City Code (CRC Appointments); Sponsor: Councilor Sharp c. First Reading of Ordinance No. D-1666-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 3, Division III, Section 2-63 to the Carmel City Code (Elected Officials Training); Sponsor: Councilor Griffiths d. First Reading of Ordinance No. D-1667-04; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 4, Section 2-i14(a) of the Carmel City Code (Department of Law Petty Cash); Sponsor: Councilor Sharp e. First Reading of Ordinance No. D-1668-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting a Promotional Fund for the Department of Law as Chapter 2, Article 4, Section 2-117 of the Carmel City Code (Department of Law Promotional Fund); Sponsor: Councilor Carter f. First Reading of Ordinance No. D-1669-04; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 6, Division 1, Section 2-135(b) of the Carmel City Code (Transfer of Funds); Sponsor: Councilors Sharp and Griffiths g. First Reading of Ordinance No. D-1670-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-17 of the Carmel City Code (Council Committees); Sponsor: Councilors Sharp and Griffiths h. First Reading of Ordinance No. D-1671-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-32Co) of the Cannel City Code (Public Hearings - Zoning Matters); Sponsor: Councilor Sharp i. First Reading of Ordinance No. D-1672-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-33 of the Carmel City Code (Public Hearings - General); Sponsor: Councilors Sharp and Griffiths j. First Reading of Ordinance No. D-1673-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 4, Article 1, Division III, Section 4- 31 of the Carmel City Code (Private Traffic Control Officers); Sponsor: Councilors Sharp k. First Reading of Ordinance No. D-1674-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 4, Article 3, Division IV, Section 4-79 of the Carmel City Code (False Alarm Provisions and Penalties); Sponsor: Councilors Sharp First Reading of Ordinance No. D-1675-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII, Sections 6- 158(b)(9) and (10) of the Cannel City Code (Rubbish Collection); Sponsor: Councilor Sharp First Reading of Ordinance No. D-1676-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Section 8-46 to the Carmel City Code (General Park Restrictions); Councilor Griffiths First Reading of Ordinance No. D-1677-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Section 8-70(b) of the Carmel City Code (Covered Vehicles); Sponsor: Councilors Griffiths and Sharp First Reading of Ordinance No. D-1678-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 7, Section 8-71 to the Carmel City Code (Compression Release Engine Brakes Prohibited); Sponsor: Councilor Carter First Reading of Ordinance No. D-1679-04; An Ordinance of the Common Council of the City of Carmel, Indiana, in Support of the Clay Township Lease-Pumhase of 2004; Sponsor: Councilor Carter Resolution No. CC-01-05-04-01; A Resolution of the Common Council of the City of Carmel, Indiana, Withdrawing Blanket Consent to Town of Westfield, Indiana, for Annexation of Property; Sponsor: Councilor Sharp Resolution No. CC-01-05-04-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the Hiring of Outside Legal Counsel; Sponsor: Councilor Sharp Resolution No. CC-01-05-04-03; A Resolution of the Common Council of the City of Carmel, Indiana, Concerning Indemnity Pursuant to the Carmel City Code; Sponsor: Councilor Carter 13. OTHER BUSINESS a. Election of 2004 Council President 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, JANUARY 5, 2004 -- 7:30 P.M. COUNCIL CHAMBERS / CITY HALL ! ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council Members Rick Sharp, Kevin Kirby, Brian Mayo, Joe Griffiths, Fred Glaser and Ron Carter; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carrie Gallagher were also present. Mayor Brainard called the meeting to order at 7:30 p.m. Reverend Patti Payntor of Carmel United Methodist Church pronounced the Invocation. Mayor Bra/nard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Carter moved to approve the Minutes of the December 29, 2003 Special Meeting. Mayo seconded. The Minutes were approved 7-0. Councilor RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: There were none. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS' Clerk-Treasurer Diana Cordray, Mayor Brainard and Councilors Carter and Mayo discussed the upcoming IACT conference in Indianapolis. ACTION ON MAYORAL VETOES: ---There were none. CLAIMS: Councilor Mayo moved to approve claims in the amount of $1,205,168.16. Claims were approved 7-0. Councilor Griffiths seconded. Councilor Kirby moved to place Item 13a, Election of 2004 Council President, to this point on the Agenda. Councilor Sharp seconded. The motion, requiring a unanimous vote, was approved 7-0. Councilor Mayo nominated Councilor Carter for 2004 Council President. Councilor Rattermann seconded. There were no other nominations. Councilor Sharp moved to close nominations. Councilor Kirby seconded. Councilor Sharp moved to accept the nomination for Councilor Carter as 2004 Council President. Councilor Mayo seconded C°uncilor Carter was nominated 2OO4 Council President. Mayor Brainard turned the gavel over to Council President Carter to conduct Council business from this point forward. Council President Carter opened the jqoor for nominations for Council Vice-President. Councilor Sharp nominated Councilor Kirby. Councilor Mayo seconded There were no other nominations. Councilor Sharp moved to closed nominations. Councilor Mayo seconded. Councilor Sharp moved to accept Councilor Kirby as 2004 Council Pice-President. Councilor Rattermann seconded. Councilor Kirby was -- nominated 2004 Council Vice-President Council President Carter then addressed the appointment of Parliamentarian. There was discussion. Council President Carter will consider the appointment at the next meeting of Council. Council President Carter asked for a motion to move Item 12g, Ordinance No. D-1670-04, to this point on the Agenda. Councilor Glaser moved as such. Councilor Rattermann seconded. The motion was approved 7-0. Council President Carter announced the First Readin~ of Ordinance No. D-1670-04; An Ordinance of the Common Council of the City of Carmel, drndiana, Amending Chapter 3, Article I, Division Ir Section 3-17 of the Carmel City Code (Council Committees,). Councilor Kirby moved to introduce this item into business. Councilor Sharp seconded. Councilor Griffiths presented this matter to Council, proposing that certain Committees be combined and assigning Council to each such Committee. Councilor Kirby moved to suspend the rules sending this matter to Committee and to act on this matter this evening. Councilor Sharp seconded. The motion was approved 7-0. Ordinance No. D-1670-04 was approved by a vote of 7-O. Councilor Carter then read aloud the assigned members of each Committee, asking each Chairperson to consider regular meeting dates and times. COMMITTEE REPORTS: '~"~ouncil President Carter stated that the Finance, Administration and Rules Committee will schedule a neeting in the near future and consider a regular meeting date at that time. Councilor Rattermann stated that the Land Use, Annexation and Economic Development Committee will meet on the second Thursday of each month at 7:30 p.m. in the Caucus Room. Councilor Sharp stated that the Parks, Recreation and Arts Committee will meet on January 8, 2004, at 8:00 a.m., at which time a regular meeting schedule will be discussed. Councilor Kirby stated that the Utilities, Transportation and Public Safety Committee will schedule a meeting in the near future and consider a regular meeting date at that time. OLD BUSINESS: There was none. PUBLIC HEARINGS: There were none. NEW BUSINESS: Council President Carter announced the First Reading of Ordinance No. D-1664-04; An Ordinance of the -- Common Council of the City of Carmel, Indiana, Adopting and Adding Chapterl, Section 1-16 of the Carmel City Code (Second Class City Status). Councilor Kirby moved to introduce this item into business. Councilor Rattermarm seconded. Councilor President Carter presented this matter to Council. There was brief discussion. Council President Carter referred Ordinance No. D-1664-04 to the Finance, Administration and Rules Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1665-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Chapter 2, Article 1, Division II, Section 2-8 of the Carmel City Code (CRC Appointments). Councilor Sharp moved to introduce this item into business. Councilor Rattermann seconded. Councilor Sharp presented this matter to Council. There was no discussion. Councilor Sharp moved to suspend the roles sending this matter to Committee to act on this matter tonight. Councilor Kirby seconded. The motion was approved by a vote of 7-0. Ordinance No. D- 1665-04 was approved 7-0. Council President Carter armounced the First Reading of Ordinance No. D-1666-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 3, Division III, Section 2-63 to the Carmel City Code (Elected Officials Training). Councilor Mayo moved to introduce this item into business. Councilor Kirby seconded. Councilor Griffiths presented this matter to Council. There was brief discussion. Council President Carter referred Ordinance No. D-1666-04 to the Finance, Administration and Rules Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1667-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 2-114(a) of the __ Carmel City Code (Department of Law Petty Cash). Councilor Sharp moved to introduce this item into business. Councilor Rattermann seconded. Councilor Sharp briefly presented this matter to Council and moved to suspend the rules sending this matter to Committee and to act on this matter tonight. Councilor Kirby seconded. The motion was approved by a vote of 7-0. There was no Council discussion. Ordinance No. D-1667-04 was approved 7-0. Council President Carter announced the First Reading of Ordinance No. D-1668-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting a Promotional Fund for the Department of Law as Chapter 2, Article 4, Section 2-117 of the Cannel City Code (Department of Law Promotional Fund). Councilor Rattermarm moved to introduce this item into business. Councilor Mayo seconded. Council President Carter presented this matter to Council. There was brief discussion. Douglas Haney, City Attorney, responded to Council questions regarding the necessity of a promotional fund. There was no further discussion. Councilor Kirby moved to suspend the rules sending this matter to Committee and to act on this matter tonight. Councilor Mayo seconded. The motion was approved by a vote of 7-0. Ordinance No. D-1668-04 was approved 7-0. Council President Carter announced the First Reading of Ordinance No. D-1669-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Division 1, Section 2- 135(b) of the Carmel City Code (Transfer of Funds). Councilor Kirby moved to introduce this item into business. Councilor Rattern~arm seconded. Councilor Sharp presented this matter to Council. There was extensive discussion. Council President Carter referred Ordinance No. D-1669-04 to the Finance, Administration and Rules Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1671-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3- 32(b) of the Carmel City Code (Public Hearings - Zoning Matters). Councilor Mayo moved to introduce __this item into business. Councilor Rattermaun seconded. Councilor Sharp presented this matter to Council. There was no discussion. Councilor Kirby moved to suspend the rules sending this matter to Committee and to act on this matter tonight. Councilor Sharp seconded. The motion was approved by a vote of 7-0. Ordinance No. D-1671-04 was approved 7-0. Council President Carter announced the First Reading of Ordinance No. D-1672-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-33 of the Carmel City Code (Public Heatings - General). Councilor Rattermatm moved to introduce this item into business. Councilor Griffiths seconded. Councilor Sharp presented this matter to Council. There was extensive Council discussion. Council President Carter referred Ordinance No. D-1672-04 to the Finance, Administration and Rules Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1673-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting and Adding Chapter 4, Article 1, Division III, Section 4-31 of the Carmel City Code (Private Traffic Control Officers). Councilor Glaser moved to introduce this item into business. Councilor Mayo seconded. Councilor Sharp presented this matter to Council and recommended that it be referred to Committee for further review. There was brief Council discussion. Council President Carter referred Ordinance No. D-1673-04 to the Utilities, Transportation and Public Safety Committee for consideration. Council President Carter announced the First Reading of Ordinance No. D-1674-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 4, Article 3, Division IV, Section 4-79 of the Carmel City Code (False Alarm Provisions and Penalties). Councilor Rattermann moved to introduce this item into business. Councilor Glaser seconded. Councilor Sharp presented this matter to Council. --There was no discussion. Council President Carter referred Ordinance No. D-1674-04 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1675-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII, Sections 6- 158(b)(9) and (10) of the Carmel City Code (Rubbish Collection). Councilor Mayo moved to introduce this item into business. Councilor Glaser seconded. Councilor Sharp presented this matter to Council and moved to suspend the rules and act on this matter tonight. There was extensive Council discussion. Douglas Haney, City Attorney, responded to concerns expressed by Council. Councilor Sharp withdrew his motion suspending the rules. Councilor Kirby seconded. Council discussion continued. Council President Carter referred Ordinance No. D-1675-04 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1676-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Section 8-46 to the Carmel City Code (General Parking Restrictions). Councilor Rattermarm moved to introduce this item into business. Councilor Glaser seconded. Councilor Griffiths presented this matter to Council. There was brief discussion. Council President Carter referred Ordinance No. D-1676-04 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1677-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5, Section 8-70(b) of the Carmel City Code (Covered Vehicles). Councilor Sharp moved to introduce this item into business. --Councilor Rattermann seconded. Councilor Griffiths presented this matter to Council. There was no discussion. Councilor Glaser moved to suspend the rules sending this matter to Committee and to act on this matter tonight. Councilor Kirby seconded. The motion was approved by a vote of 7-0. Ordinance No. D-1677-04 was approved 7-0. Council President Carter announced the First Reading of Ordinance No. D~1678-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 7, Section 8-71 to the Carmel City Code (Compression Release Engine Brakes Prohibited). Councilor Rattermann moved to introduce this item into business. Councilor Sharp seconded. Council President Carter presented this matter to Council. There was brief discussion. Council President Carter referred Ordinance No. D-1678-04 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. D-1679-04; An Ordinance of the Common Council of the City of Carmel, Indiana, in Support of the Clay Township Lease-Purchase of 2004. Councilor Sharp moved to introduce this item into business. Councilor Mayo seconded. Council President Carter presented this matter to Council. There was brief discussion. Council President Carter advised that the Parks Board will hold a formal presentation of this matter at their meeting on January 13, 2004, with a Public Hearing on the matter to follow on January 20, 2004. Councilor Kirby recommended that the Council discuss this matter at its special meeting scheduled for January 14, 2004, rather than refer it to Committee for consideration. Council President Carter agreed. Therefore, Ordinance No. D-1679-04 will return to Council for a Second Reading at a Special Meeting scheduled for January 14, 2004, at 7:00 p.m. in Council Chambers. Council President Carter announced Resolution No. CC-01-05-04-01; A Resolution of the Common Council of the City of Carmel, Indiana, Withdrawing Blanket Consent to Town of Westfield, Indiana, for Annexation of Property. Councilor Rattermann moved to introduce this item into business. Councilor Glaser seconded. Councilor Sharp provided a brief presentation of this matter to Council. There was no discussion. Resolution No. CC-01-05-04-01 was approved 7-0. Council President Carter announced Resolution No. CC-01-05-04-02; A Resolution of the Common Council of the City of Carmel, Indiana, Regarding the Hiring of Outside Legal Counsel. Councilor Rattermarm moved to introduce this item into business. Councilor Sharp seconded and presented this matter to Council. There was Council discussion. Resolution No. CC-01-05-04-02 was approved 7-0. Council President Carter announced Resolution No. CC-01-05-04-03; A Resolution of the Common Council of the City of Carmel, Indiana, Concerning Indemnity Pursuant to the Carmel City Code. Councilor Rattermarm moved to introduce this item into business. Councilor Glaser seconded. Council President Carter presented this matter to Council. There was brief discussion. Resolution No. CC-01-05-04-03 was approved 7-0. Council President Carter requested that Council return to Item 12g, Ordinance No. D-1670-04 and amend Page 2(c), Line 1 to read "The Standing Committees shall consist of at least three (3) members each .... " --and Page 2(0 to read "Each Standing Committee shah meet at the call... ". Councilor Sharp moved as such. Councilor Rattermann seconded. The amendments were approved by a vote of 7-0. Ordinance No. D-1670-04 was approved, as amended, 7-0. OTHER BUSINESS: Election of 2004 Council President was moved to the beginning of business on tonight's Agenda. Councilor Ron Carter was nominated as 2004 Council President with Councilor Kevin Kirby being nominated Vice- President. Council President Carter introduced a letter, dated December 29, 2003, from the Town of West. field advising of its intent to annex territory generally located at 1453 Greyhound Pass which has come to the Town as a voluntary annexation request. (A copy of this letter will be made an attachment to the original Minutes of this meeting.) Council President Carter asked for Council's consideration of this matter and vote this evening. There was Council discussion. Councilor Kirby moved to not express opposition at this time. Councilor Sharp seconded. The motion was approved 7-0. Mayor Brainard proposed to Council, the consideration of an appointment to the Carmel Redevelopment Commission. Council President Carter acknowledged that appointment and proposed consideration of an appointment to the Plan Commission as well. Council President Carter opened nominations. · Councilor Glaser nominated Councilor Sharp to be appointed to the Carmel Redevelopment Commission. Councilor Kirby seconded. 6 Mayor Brainard then advised that Tim Marshall, President of Salin Bank has agreed to fill the appointment previously held by John Koven if Council would like to make that appointment as well. · Councilor Sharp moved to appoint Tim Marshall to the Carmel Redevelopment Commission. Councilor Rattermann seconded. Councilor Kirby moved to accept both appointments by acclamation. The motion was approved 7-0. · Councilor Sharp then nominated Councilor Rattermann to be appointed to the Plan Commission. Councilor Glaser seconded. There were no other nominations. Councilor Sharp moved to close nominations. Councilor Kirby seconded. Councilor Rattermann was appointed to the Plan Commission by a vote of V-O. Councilor Sharp addressed Council regarding the status of Ordinance No. D-1661-03. Clerk-Treasurer Diana Cordray advised that the previous Council had referred that matter to the Finance Committee for consideration by this Council. There was extensive discussion. Council President Carter stated that this item will be heard by the Finance Committee and return to Council for a Second Reading on or before January 26, 2004. ANNOUNCEMENTS: There were none. ADJOURNMENT: Mayor Brainard moved to adjourn, pending the execution of documents. The meeting was adjourned at 9:11 p.m. Respectfully submitted, Clerk-Treasur&i Di~a L. ~dray, 'IAMC Approved, /~..~ yorJ yor J :e ATTEST: Clerk-Treasurer Di~aM~4~brdr~;,~,MC 1/05/04 CC Minutes 7 TOWN OF WESTFIELD December 29, 2003 The Honorable James Brainard Mayor City of Carmel One Civic Square Cannel, IN 46032 TOWN COUNCIL JOHN B, IrlART MICHAEL A. MCDONALD MIC MEAD DAVID D. MIKESELL TERESA OTIS SKELTON CLERK-TREASURER CINDY J. GOSSARD Dear Mayor Brainard, As set forth in Carmel Resolution CC-04-07-97-03, the Town of Westfield is providing written notice to the City of Carmel of its intent to annex territory that is witkin three (3) miles of the Carmel corporate boundaries. This notice is being sent to the President of the Cannel Common Council, to the Carmel Clerk-Treasurer, and to the Mayor of Carmel, as the official representatives of the city. Also per the above mentioned resolution, if the Town does not hear an objection fi.om the Carmel Common Council within 15 business days of the receipt of this documentation, then the town may proceed with the aunexation. I have enclosed both the legal description of the parcels and a map Showing the location of the parcels. These parcels are generally located at 1453 Greyhound Pass. This area has come to the Town as a voluntary annexation request. Please call me if you have questions or require additional information regarding this matter. Sincerely, ~erry L,. Kosenberger Town Manager 317-867-2222 Enclosures: Parcel descriptions Map cc: file 130 Penn Street ° Westfield, IN 46074 · (317) 896-5577 · Fax (317) 867-2200 · Website: www.westfieldtown.org E-mail: town@westfieldtown.org :? EXHIBIT A ROBERT S. SCHNEIDER LEGAL DESCRIPTION INSTRUMENT NO.: 200300078949 TRACT 1: Part of the Southeast Quarter of Section 13, Tqwnship 18 North, Range 3 East in Washington Township, Hamilton County, Indiana, described as follows: Commencing at the Northwest Comer of the Southeast Quarter of Section 13, Township 18 North, Range East; thence North 00 degrees 12 minutes 55 seconds West (assumed bearing) on the West line of said Southeast Quarter 190.00 feet to the centerline of Greyhound Pass; thence South 85 degrees 57 mutes 33 seconds East on said centerline 32.32 feet to the East right-of-way line of the Louisville & Nashville Railroad CMonon Division); thence South 00 degrees 27 minutes 08 seconds East on said East tight-of-way line 702:13 feet; thence North 88 degrees 32 minutes 38 seconds East 280.00 feet; thence North 80 degrees 52 minutes 41 seconds East 220.00 feet to the Place of Beginnlng W/thin the described real estate; thence No~th 80 degrees 52 minutes 41 seconds East 155.00 feet; thence North 88 degrees 32 minutes 38 seconds East 1030.53 feet tO the centerline of. Grey Hound Pass; thence South 51 degrees 43 mutes 57 seconds East on the centerline of Greyhound Pass 89.52 feet to the Point of Curvature of a curve to the right having a radius of 300.00 feet, the radius point of which lies South 38 degrees 16 minutes 03 seconds West 300.00 feet fxom said point; thence Southeasterly, curving to the right on said centerline an axe distance of 4.19 feet; t hence South 0 0 degrees 3 6 ml-ntes 4 6 seconds E asr 140.14 feet t o t he South 1 ine o f Real B state conveyed to Thirty-One Investment Con:~any, per Quitclaim Deed recorded on Pages 356 and 357 of Deed Recerd 266 inthe Office of the Recerder of Hamilton County, Indiana; thence South 88 degrees 32 minutes 38 seconds West on said South line 1254.14 feet to the Southeast comer of real estate described in a Real Estate Conditional Sales Contract recorded on Page 969 of Miscellaneous Record 188 in said Kecerder's Office} thence North 01 degrees 27 minutes 23 seconds West on the Basterly line of said Real Estate 179.32 feet to the Place of Be~nning. Together with and subject to the right-of-way for Greyhound Pass, per acknowledgement of dedication and acceptance, recorded in Miscellaneous Record 182, Pages 31-34 in the Office of the Recsrder of HamSlton County, Indiana. Except: A part of the Southeast Quarter of Section ~3, Township 18 North, Range 3 East, of the s~cond Principal Meridian in Washington Township, Hamilton County, Indi/ma, descffbed as follows: Commencing at the Noxthwegt comer of said Quarter Section; thence North 0 degrees 12 m/nutes 55 seconds West (assumed bearing) on the west line of said Southeast Quarter 190.00 feet to the centerline of Greyhound Pass; thence South 85 degrees 57 minutes 33 seconds East on said Centerline 32.32 feet to the East right of way line of the Louisville & Nashville Raikoad (Monon Division); thence South 0 degrees 27 minutes 08 seconds East on s aid right of way line 702.13 feet, thence Noxth 88 degrees 32 minutes 38 seconds East 280.00 feet; thence North 80 degrees 52 minutes 41 seconds East 220.00 feet to the Northwest comer of the land described in Instrument No. 93-35715 and the Point of Beglnning of thls description said point being marked by a capped rebas; thence South 4 degrees 20 minutes 34 seconds East 179.59 feet to the South line.of the land descn'bed in said Instrument #93-35715, 9.04 feet to the Southwest comer oft-he land described in said.instrument #93-35715 said point being ma~ked by a capped rebar; thence Nor[h 1 degrees 27 minutes 22 seconds West along the West line of the land described in said Instnnnent #93- 35715, 179.36 feet to thc Point of Beginning. Tract 2: Part of the Southeast Quarter of Section 13, Township 18 North, Range 3 East in Washington Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest Comer of the Northeast Quarter Section 13, Township 18 North, Range 3 East; thence North 00 degrees 12 tributes 55 seconds West (assumed bearing) en the W est line of said Northeast Quarter 190.00 feet to the centerline of Greyhound Pass; thence South 85 degrees 57 mutes 33 seconds East on said centerline 275.80 feet to the Point of Curvature of a curve to the fight having a radius' of 300.00 feet; thence Southeasterly on ~aid centerline and cu'-ye to the fight 107.90 feet to the Point of Tangency of said curve; thence South 65 degrees 21 'minutes 07 s6conds East on said centerline and tangent with said curve 100.39 feet to the.point of curvature of a curve to the left having a radius of 375,00 feet; thence Southeasterly on said centerline and curve to the left 170.83 feet to the Point of Tangency of said curve, thence Noxth 88 degrees 32 minutes 55 seconds East on said centerline and tangent with said curve 376.99 'feet to the point of curvature of a curve to the right having 'a.radius of 300.00 feet; thence Southeasterly on'said centerline and cusve to the right 225.92 feet to the point of tengency of said curve~ thence South 48 degrees 18 minutes 15 seconds East on said centerline 251.55 feet to the point of curvature' of a curve to the left having a radius of 5012.23 feet; thence Southeasterly on said centerline and curve to the left 49.70 feet to the Place of Begipnlug of the real estate herein desen'bed; thence continuing southeasterly on said centerline and curve 250.21 feet to the point of tangency of said curve; thence South 51 degrees 43 minutes 57 seconds East on said centerline and tangency with said curve 102.27 feeti thence South 88 degrees 32 mi~tes 38 seconds West 1030.53 feet; thence South 80 degrees 52 minutes 41 seconds West t55.00 feet to a point which is 367~69 feet South 42 degrees 46 minutes 39 seconds East from the radius point of a cul-de-sac at the Southern termiuus of Ascot l-Iill South; thence North 03 degrees 48 minutes 09 second East 251.74 feet to a point 894.04 feet South 88 degrees 32 mluutes 38 seconds West of the Place of Beglnu~ng; thence North 88 degrees 32 minutes 38. seconds East 894.04 feet to said Place of Begi~.ing. Map1 Survey Boundaries ,'--- Township Lines TranSportation Abc Interstate :Hwy Text U.S. HwyText Abc State HwyText '"'""' ' Interstate Highways ~ U.S. Highways mm State Highways ~ Primary Reads SCALE 1: 25,768 2,000 4,000 FEET 6,000 \5 http:llwww.co.hamilton.in.uslmapslcounty.mwf · Monday, September 1,.5, 2003 3:58 Map1 Survey Boundaries ,~ Township Lines Transportation Abc ,Interstate Hwy Text Abc U,S. HwyText Abc' State HwyText ==== interstate Highway~ ~ U.S..Highways ~ State Highways ·. Primary'Roads 500 0 SCALE 1: 6,269 1,500 500 1,000 FEET http://www.co.hamilton,in,us/maps/county.mwf Monday, September 15, 2003 3:53 PM