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HomeMy WebLinkAboutOrdinance Z-344 '.., . draft 10/22/99 revised: 12/7/99 1/7/00 1/21/00 2/16/00 3/8/00 3/27/00 ORDINANCE NO. Z-344 146TH STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRICT /' " / '. /1 I Ordinance No. Z-344 AN ORDINANCE ESTABLISHING THE 146th STREET AND KEYSTONE AVENUE PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, (the "Cannel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit Development District in accordance with the requirements ofl.C. 9 36-7-4-1500 et seq.; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, pursuant to I.C. 9 36-7-4-1500 et seq., it adopts this ordinance, (the "Ordinance"), as an amendment to the Carmel/Clay Zoning Ordinance. Section 1 A pplic::lhility of Ordin::lnce' Section 1 1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit 'A', (the "Real Estate"), as a planned unit development district. Section 1 2 Development in the planned unit development district shall be governed entirely by the provisions of this Ordinance, with the exception that provisions of the Cannel/Clay Zoning Ordinance specifically referenced within this Ordinance and in effect on October 22, 1999, shall also apply. Section 1 1 Any capitalized term. not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance in effect on Apri117~ 2000. Section 2 Permitted Pnm::lry TT~e~: Clinic or medical health center Collee:e or University Financial Institution General Offices Grocery Store Hardware Store (including enclosed Lumbervard and attached Garden Center) Hotel Insurance Office Nursine:. retirement or convalescent facility Office buildine: Professional Office Recordine: Studio Research Laboratorv Restaurant Retail Uses Utility comnanv business office 1 ~!\, PlaMed Unil Developmenl Dishicl O,rdinance - 1461h Sb'eel and KeyslOne Avenue ., . Se~tion 1 Rxdnned Pnm::lry T T~e~: Amusement Park Automobile sales or leasin!! Automobile service station or fillin!! station Boat sales Bulk stora~e of oetroleum nroducts Car wash Carnivals fairs circuses Commercial warehouse storage Disposal or storage of hazardous or radioactive Equipment sales or repair materials Flea market Fertilizer manufacturine: Garbage dislJosal olant/sanitarv landfill Go-cart track Grain elevator Industrialuses--heavv Junk and/or salvage vard Commercial kennel Manufactured housing sales Miniature e:olf Mobile home court Movie theater (outdoor) Penal or correctional institution Plant nurserv Reclaiming processes involving materials Refining or manufacturing of petroleum and/or chemicals that are considered dangerous products to the health, safety, and welfare of the general public as determined by the State of Indiana, Hamilton County or the City Refining or manufacturing asphalt, cement, Roadside sales stand; parking lot or outdoor Q:VOsum lime. wood oreservatives temnorarvsales Sand and QTavel extraction or sales Self-storae:e/mini-warehouse facilities Sexuallv oriented business Sine:le-familv residence Small engine sales or repair Stand alone restaurants with walk-up window and/or drive-thru window food sales or those restaurants that traditionally have walk-up window or drive-thru window food sales Stock yards, slaughtering, leather curing and Truck stop tanning Water slide Se~tion 4 Acce~~ory Rllilning~ ::Inn TT~e~: All accessory buildings and uses which are permitted in the B-2 zoning district shall be permitted, except that any detached accessory building shown in any Development Plan ("DP") shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Se~tion 'i Minimum Tr::l~t Si7.e: The minimum tract size is 5 acres. This Section 5 does not however preclude the sale or other transfer of any parcel of land within a tract after the approval of a DP for the entire tract. However, the development of the parcel must still conform to the DP for the entire tract as approved or amended by the Director, and all other applicable requirements contained in this Ordinance. 2 Planned Unit Development District ~rdinance - 146th Street and Keystone Avenue S~ctinn ti HeieJ1t :l11n Are:! Reqllir~m~nt~. Section ti 1 M:!ximnm Rnilning HeieJ1t~: All uses, sixty (60) feet. Section ti '- Minimnm Rllilciing Heieht: All uses, thirty (30) feet along the Keystone Avenue frontage, or for uses not on the frontage, fourteen (14) feet, with a minimum of twelve (12) feet to the lowest eaves for a building with a gable or hip roof. Any building or part of a building within three hundred (300) feet ofthe Keystone Avenue right-of-way shall be considered on the frontage. Accessory buildings, attached garden centers, and screened delivery areas are exempt from the requirements of this Section. Section ti 1 Minimnm 'Rllilning Sethach' The minimum building setback measured to the nearest right-of-way shall be at least 90 feet, except along 146th Street where the minimum building setback shall be 45 feet. Section ti 4 MinimnTn (Tro~~ Floor Are:!, Nnmher ofTenant~. A. All buildings shall have a minimum of fifteen thousand (15,000) square feet of gross floor area, excluding the floor area of any basement or any accessory building(s). B. The initial building to be developed and constructed on the northern one- half (1/2) of the Real Estate is intended to be for a single tenant. In the event that this building is not developed and constructed for a single tenant and/or upon redevelopment of this building or its site as a multi-tenant building, then the provisions of paragraph C below shall apply. C. Excepting for the initial single tenant building described in paragraph B above, all buildings shall have no more than six (6) tenants. D. Accessory buildings permitted need not meet the minimum floor area requirement. E. The gross floor area of restaurants is allowed to be less than 15,000 square feet but not less than 7,500 square feet. F. All retail uses must occupy at least 10,000 square feet of gross floor area. Section ti 'i Maximnm P:!rcel c;ov~r:!ee :!nn n~n~ity: A. Maximum Parcel Coverage shall be sixty-five percent (65%) for office uses and thirty percent (30%) for retail uses. B. Maximum Floor Area Ratio (F.A.R.) shall be 0.70, with the F.A.R. being calculated by dividing the total gross floor area of a building or buildings on any parcel by the area of such parcel. Section ti ti Architectnr:!l ne~igTI Reqnir~ment~: A. Scale and proportion: All building facades, including doors, windows, column spacing, and signage shall be designed using the Golden Section, represented by the ratio I: 1.6 or 1.6: 1. 3 Planned Unit Development District D;dinance -146th Street and Keystone Avenue B. Suitability of building materials: A minimum of three materials shall be used for building exteriors, from the following list: stone, brick, architectural pre- cast (panels or detailing), architectural metal panels, glass, ornamental metal. C. All buildings shall be designed with a minimum of eight external comers, in order to eliminate monotonous box buildings. D. Sloped roofs shall be a maximum of one hundred (100) feet without a change in roof plane, or gable or dormer. Sloped roofs shall be either standing seam metal or dimensional shingles. Section 7 T .::mrl~~::lping ReqJlirement~. Section 7 1 T .::lnrl~c::lping Pl::ln' A Landscaping Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting, parking and signage) are submitted. This plan (1) shall be drawn to scale, including dimensions and distances; (2) shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, drive- ways, signs, lighting standards, steps and other similar structures; and (3) shall delineate the location, size and description of all landscape material and the irrigation system for all planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the Landscape Plan for the entire tract. Section 7 2 Area~ to he T.anrl~caperl. A. CT1"eenhelt: 1. The greenbelt along Keystone Avenue shall be a minimum of thirty (30) feet in width and landscaped per the requirements of Section 7.3. 2. Greenbelt areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and. other similar structures (excluding a private parking area). Mounding and other innovative treatments are to be especially encouraged in this area. Pedestrian walkways and bikeways are encouraged to be incOIporated into the greenbelt. B. Parallel Roarlway~: 1. There shall be landscape planting areas located adjacent to the Keystone Avenue on and off ramp rights-of-way, which shall be a minimum often (10) feet in width and landscaped pursuant to Section 7.3. 2. These landscape areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and other similar structures. C.. Planting Arljacent to RlIilrling~: 4 Planned Unit Development District O~inance - 146th Street and Keystone Avenue 1. A planting area equal to an area measuring ten (10) feet in depth by the width of the front of the building plus twenty (20) feet (to extend ten (10) feet out on both sides) shall be installed at the front of the building. 2. A planting area equal to an area five (5) feet in depth shall be installed on the sides of the building(s) but is not required on the rear of the building(s). 3. Sidewalks up to eight (8) feet in width may be permitted in these areas, but shall not occupy the entire area on any side of the building(s). 4. If an approach driveway cuts into a planting area displaced by the driveway, additional area shall be added to the building perimeter planting. 5. These adjacent planting areas need not be rectangular in shape as long as the required amount. of space is landscaped, innovative and original designs are encouraged. D. Pllmting Within Parking T .ot~: All parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area, representing no less than six percent (6%) of the total surface parking area. Landscaping within parking lots shall occur in any combination of planting islands, planting peninsulas and entranceways, and provide not less than one (1) tree and ten (10) shrubs for each four hundred (400) square feet of interior landscaped area. (For purposes of this computation, landscaping in the greenbelt(s), adjacent to the building(s) and on the periphery of the tract shall not be included.) Section 7 ~ Land~capine Standard~ A. Interior Area~: The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths for interior planting areas shall be used: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs (only): 5 feet wide B. \Tl'eenhelt: The primary landscaping materials used in the greenbelt areas and adj acent to buildings shall be shade trees, ornamental trees, shrubs, ground covers, grasses, and flowers. A base planting unit of one hundred (100) linear feet will be designated for the Keystone Avenue greenbelt which includes: . Five (5) shade trees; . Three (3) ornamental trees or three (3) evergreen trees; and . Fifteen (15) shrubs C. Material~: All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: 1. Shade trees: a minimum trunk diameter of 2~ inches at six (6) inches above the ground line, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than 1/2 of tree height. 5 Sedion R Planned Unit Development Dislrict qrdinance - 146th Street and Keystone Avenue 2. Ornamental trees: a minimum trunk diameter of 1 ~ inches at six (6) inches above the ground line, a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than 112 of tree height. 3. Evergreen trees: a minimum height of eight (8) feet, a width of not less than 3/5 of the height. 4. Deciduous shrubs: minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. 5. Evergreen shrubs: minimum height and spread of twenty-four (24) inches. Section 74 T .ann~capine Tn~talla.tion ann Maintenance, A. Tn~tallation: All required landscaping shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the temporary Certificate of Occupancy. B. Maintenance: It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified for this Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. C. Cnange~ After Appmval: No landscaping which has been approved by the Commission may later be materially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor alterations in landscaping may be approved by the Director in order to conform to specific site conditions. D. Tn~pection: The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. Parkine Reqllirement~: A. Except as provided in Paragraph B, parking is prohibited betWeen the Keystone Avenue right-of-way and the setback line of the building. 1. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas wherever possible. 2. Pedestrian access to and through parking areas shall be provided in the DP. 3. The number of parking spaces required is established in Section 27 6 Section 9 Section 10 Section 11 Planned Unit Development District ~nance - 146th Street and Keystone Avenue of the CanneVClay Zoning Ordinance; however, for the purposes of calculating the required number of parking spaces, attached garden centers and screened delivery areas shall be excluded. 4. There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. 5. Above-grade, structured parking facilities shall have on all sides architectural features that are compatible with the principal building(s) with which they are associated. B. The Commission may, at its discretion, allow a minimal number of visitor or handicapped parking spaces between the greenbelt and the front yard line. T.i eJ1tine R eqllirement~: A. A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting, ("ADLS"). The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 1. 2. 3. 4. 5. parking lot and service/storage area lighting; architectural, display lighting; security lighting; lighting of pedestrian and bicycle ways; landscape lighting. B. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. C. The maximum height of light standards shall not exceed twenty-five (25) feet high. However, when light standards abut or fall within ninety (90) feet of a residential district or use, they shall not exceed fifteen (15) feet. D. All site pole lights and wall mounted lights shall be low-level, 900 cutoff luminaires and shall not spill over into adjoining properties in excess of 0.3 footcandles in commercial areas, and 0.1 footcandles in residential areas. E. Exterior architectural, display, decorative and sign lighting visible to the public from either U.S. Highway 31 or Keystone Avenue. [intentionally omitted] Other AnT ,S Reqllirement~. Section 11 1 Ont~;ne Stor~ee ofRenH:e or Merch~n(H~e: No outside, unenclosed storage of refuse (whether or not in containers) or merchandise (other than the merchandise contained in an attached garden center) shall be permitted on any tract. The merchandise 7 Planned Unit Development District O.rdinance - 146th SlJ'eet and Keystone Avenue '" . within an attached garden center shall not be stacked higher than the height of the exterior wall. All refuse shall be contained completely within the principal or accessory building(s). Any accessory structure designed for refuse storage shall be architecturally compatible with the principal building. Section 11 2 T ,mIning Rerth~: A. Any loading or unloading berth or bay visible from u.s. Highway 31 or Keystone Avenue shall be screened subject to the approval of the Plan Commission or Committee of the Plan Commission. Any overhead doors on the south side of any building shall be screened and shall be subject to the approval of the Director of the Department of Community Services. B. Any overhead doors and/or solid steel doors located on the south fa9ade of a building to be used for loading or unloading of goods, products, merchandise or other materials shall be screened by a wall not less than eight (8) feet in height to be designed and constructed with materials approved by the Director. Sed; on 11::; Signs: A. Single Tenant Buildings 1. Number & Type: The maximum number of Identification Signs permitted shall be one (1) wall sign on the west building frontage and one (1) wall sign on the building frontage where the main entrance is located. For those buildings containing over 100,000 square feet, two additional wall signs shall be permitted on the building frontage where the main entrance is located. 2. Maximum Sign Area for buildings over 100,000 square feet: West building frontage: 100 sq. ft. Main entrance building frontage: 150 sq. ft. Two additional wall signs: 27 sq. ft. each Carmel/Clay Zoning Ordinance Z-302 shall determine maximum Sign Area for all other buildings. For purposes of calculating the maximum Sign Area under the Ordinance, the distance of Sign from Street Right-of- Way shall be measured perpendicular to the right-of-way of the street currently known as Keystone Avenue. 3. Location: As shown on building elevation drawings. 4. Design: All wall signs shall consist of individual letters. The color of the sign faces shall be white with white returns. 5. Copy: As per definition ofIdentification Sign. 6. lllumination: Internal. The additional wall signs are not to be illuminated. 7. Window Signs: No window signs are allowed. 8. Sign permit: Required. 9. Fees: Required. 8 Planned Unit Development District O~dinance -146th Street and Keystone Avenue B. Multi-Tenant Buildings 1. Number & Type: One (1) wall Identification Sign per business on the building frontage where the main entrance is located. Two (2) wall signs on the west building frontage 2. Maximum Sign Area: Buildings with two (2) tenants: total of 120 sq. ft. Buildings with three (3) to six (6) tenants: total of 120 sq. ft. West building frontage signs: total of90 sq. ft. 3. Location: As shown on the building elevations. 4. Design: All wall signs shall consist of individual letters. The color of all sign faces shall be white with white returns. 5. Copy: As per definition ofIdentification Sign. 6. Illumination: futemal. 7. Window Signs: No window signs are allowed. 8. Sign permit: Required. 9. Fees: Required. C. Center Identification Sign 1. Number & Type: one (1) ground sign. 2. Maximum Sign Area: 75 sq. ft. 3. Maximum height of sign: 10 feet 4. Location: As shown on the site plan 5. Design: Signs must comply with the approved architectural scheme of the complex, and must be of a similar design and identical in lighting and style of construction. The color of all individual letter sign faces shall be white with white returns. 6. Copy: As per definition ofIdentification Sign. 7. Illumination: futemal or completely shielded. 8. Landscaping: Sign must be accompanied by a landscaped area at least equal to the total sign area. 9. Sign permit: Required. 10. Fees: Required. D. Other Provisions Sections 25.7.01, "General Provisions", 25.7.04, "Banners", 25.7.06- 25.7.09, "Legal Non-Conforming Signs, Sign Permits, Variance, and Administration and Enforcement", of the Carmel/Clay Zoning Ordinance, Z-302, are also incorporated by reference. Section 11 4 Rooftop Mecn::mic::tl Rqnipment: Any rooftop mechanical equipment visible from an adjoining street or highway shall be screened with suitable walls or fencing subject to the approval procedures contained in the Commission's Rules of Procedure. 9 PlaMed Unit Development Disbict Ordinance - I 46th Street and Keystone Avenue -; Sp.d;nn 11 1 r.::!rt r.nm:ll~: Any cart corrals on the Real Estate shall be constructed of masonry materials subject to the approval procedures contained in the Commission's Rules of Procedure. Sect;nn 12 Apprnvl'Il nf AOLS' A. The Plan Commission shall consider an ADLS for any project on the Real Estate. B. The Plan Commission shall consider an ADLS simultaneously with the approval of this Ordinance. C. The Plan Commission shall approve the ADLS without conditions, or approve with conditions. D. If there is a Material Alteration in the ADLS plans, review and approval by the Commission shall be made by the Commission or a Committee thereof, pursuant to the Commission's Rules of Procedure. E. The ADLS shall be a specific plan consisting of the architectural design of any buildings, landscaping, lighting, and signage for a site on the Real Estate. Sp.cnnn 11 Approval nr Oen;l'Il nftne Op.velnpment Plan: A. The Director shall approve without conditions, approve with conditions, or disapprove the DP for any project on the Real Estate. Provided, however, that the Director shall not unreasonably withhold or delay his/her approval of a DP that is in conformance with this Ordinance and the Carmel/Clay Zoning Ordinance. If the Director disapproves the DP for any project on the Real Estate, the Director shall set forth in writing the basis for the disapproval. B. An amendment to a DP which does not alter the use of any land may be reviewed and approved by the Director. However, any interested party may appeal. the decision of the Director directly to a committee of the Commission. C. The DP shall be a specific plan for the development of real property that is submitted for approval by the Director showing proposed facilities and structures, parking, drainage, erosion control, utilities and building information for a site on the Real Estate. Secnnn 14 V;nlM;nm: nfOr{J;nl'lnce' All violations of this Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. 10 Planned Unit Development District O~nance - l46lh SlI'eet and Keystone A venue P AS;ED by the Common Counci.l of the City of Cannel, Indiana this a day of /?'" i , 2000, by a vote of ~ ayes and ~ nays. ( COMMON C UNCIL FOR THE CITY 0 ARMEL Robert Battreall ~tlWin Ronald E. Carter ~r by me to of the City of Cannel, Indiana the 11 day of 11 Planned Unit Development District Ordinance - 146th Street and Keystone Avenue " Approved by me, Mayor of the City of Carmel, Indiana, this _ day of 2000. James Brainard, Mayor ATTEST: DianaL. Cordray, lAMC, Clerk-Treasurer 1:\2005\1\PUD Ordinance 3-27-00 - Kite Project.doc htYY ~ c/{~;r/- 'f://,~"V~ .. ?:..c/-e j J' ,/~Io Z&It.~ &J ",ef I /eU-~~ ~ PC?" 1J;tp/).4'~ c~ 12 '-. Exhibit A Parcel #1 (Bayview Parcel) Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East in Hamilton County, fudiana, more particularly described as follows: Commencing at the Northeast corner of the North Half of the Northwest Quarter of said Section 19; thence South 89 degrees 05 minutes 16 seconds West (bearings based on NAD83 State Plane Coordinates - East Zone) 1188.98 feet; thence South 00 degrees 10 minutes 51 seconds West 75.47 feet to the Point of Beginning which lies on the South right of way line of 146th Street; thence South 89 degrees 05 minutes 16 seconds West along said right of way line 1080.36 feet to the Easterly permanent right of way line for State Highway'Number 431 per plans for Project S- 165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No. 61-626 (the next three courses are along said right of way); 1) thence South 71 degrees 30 minutes S9 seconds West 24.82 feet to the point of curvature of a non-tangent curve whose radius point bears North 78 degrees 22 minutes 03 seconds East 5624.60 feet from the point of curvature; 2) thence Southeasterly along said curve an arc distance of 1191.73 feet to a point which bears South 66 degrees 13 minutes 40 seconds West 5624.60 feet from the radius point and being subtended by a long chord having a bearing of South 17 degrees 42 minutes 08 seconds East and a distance of 1189.50 feet; 3) thence South 46 degrees 28 minutes 09 seconds East 42.36 feet (43.22 feet - deed) to the South line of said North Half; thence North 89 degrees 15 minutes 32 seconds East along the South line of said North Half 375.42 feet to the Southwest corner of Danbury Estates, Section 1, as per plat thereof, recorded as fustrument No. 9429324 in Plat Cabinet No.1, Slide No. 435 in the Office of the RecordeT of Hamilton County, fudiana; thence North 00 degrees 45 minutes 53 seconds West along the West line of said Danbury Estates 381.42 feet (381.70 feet-plat) to the Northwest comer of Lot 29 in said Danbury Estates; thence North 89 degrees 14 minutes 07 seconds East along the North Line of Lots 29 through 33 in said Danbury Estates 329.26 feet; thence North 00 degrees 10 minutes 51 seconds East 868.00 feet to the point of beginning, containing 24.049 acres, more or less. . Parcel #2 (Fenstermaker Parcel) Part of the South Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northwest comer of the South Half of the said Northwest Quarter, which lies South 00 degrees 09 minutes 32 seconds East (bearings based on NAD83 State Plane Coordinates - East Zone) 1320.84 feet from the Northwest comer of the said Northwest Quarter Section; thence North 89 degrees 15 minutes 32 seconds East along the North line of the said South Half 609.82 feet to a point on the Easterly limited access right of way line for State Highway Number 431 per plans for Project S-165 (14) and further described in Condemnation proceedings in the Hamilton County Circuit Court Cause No. 61-668, said point lies on a non-tangent curve having a radius of 5671.60 feet, the radius point of which bears North 66 degrees 08 minutes 54 seconds East (the next six courses are along said right of way); 1) thence Southeasterly along said curve an arc distance of 102.38 feet (101.7 feet - deed) to a point which bears South 65 degrees 06minutes 51 seconds West from said radius point and being subtended by a long chord having a bearing of South 24 degrees 22 minutes 03 seconds East and a length of 102.38 feet (101.7 feet- deed); 2) thence South 24 degrees 51 minutes 15 seconds East 297.30 feet; 3) thence South 34 degrees 44 minutes 15 seconds East 258.40 feet to a curve having a radius 5654.60 feet, the radius point of which bears North 59 degrees 30 minutes 47 seconds East; 4) thence Southeasterly along said curve an arc distance of 197.40 feet to a point which bears South 57 degrees 30 minutes 46 seconds West from said radius point and being subtended by a long chord having a bearing of South 31 degrees 29 minutes 15 seconds East and a length of 197.40 feet; 5) thence South 34 degrees 56 minutes 15 seconds East 286.10 feet to a curve having a radius of 5649.60 feet, the radius point of which bears North 54 degrees 36 minutes 46 seconds East; 6) thence Southeasterly along said curve an arc distance of302.76 feet to a point which bears South 51 degrees 32 minutes 32 seconds West from said radius point and being subtended by a long chord having a bearing of South 36 degrees 55 minutes 21 seconds East and a length of 302.73 feet; thence North 00 degrees 10 minutes 51 seconds East 1230.19 feet to the North line of said South Half; thence South 89 degrees 15 minutes 32 seconds West along the said North line 767.19 feet to the point of beginning, containing 11.828 acres, more or less. ~ .~ Parcels #3-6 (part of Danbury Estates, Section 1) Lots 26, 27, 28, and 29 in Danbury Estates, Section 1, as per plat thereof, recorded as Instrument #9429324 in Plat Cabinet No.1, Slide No. 435 in the Office of the Recorder of Hamilton County, Indiana, containing 1.199 acres, more or less.