HomeMy WebLinkAboutLetter #02 John Moore, representing Terry & Kimmi McCardwell TUGHY BAILEY & MOORE LLP
PATRICIA SEASOR BAILEY ATTORNEYS AT LAW *ALSO ADMITTED IN NORTH CAROLINA
BRIAN J. TUOHY
LEWIS E.WILLIS. JR. 50 SOUTH MERIDIAN STREET tbmattorneys.com
JOHN J. MOORE* SUITE 700
RETIRED PARTNER
ANTHONY B. RATLIFF
CYNTHIA M. BLACKFORD
INDIANAPOLIS, INDIANA 46 2 04-3 54 2 CLARENCE H. DONINGER
REBEKAH L. PHILLIPS TELEPHONE: 317-638-2400
MEGAN E. CAIN
FACSIMILE: 31 7-633-661 8
COUNSEL
MARK A. BAILEY
GREGORY 5. FEHRIBACH
MICHAEL B. MCMAINS
RICHARD W. DYAR April 5, 2022
Via Federal Express
Mike Hollibaugh
Director of Community Services
One Civic Square
Carmel, Indiana 46032
Re: PZ-2022-00025
Dear Mr. Hollibaugh:
We are the attorneys for Terry and Kimmi McCardwell. The McCardwells own the
property at 450 1st Avenue NW, Carmel, Indiana 46032. Adjoining to the north and west of the
McCardwell property is the Five-Ten Subdivision, which was platted in 2001. The McCardwells
oppose Docket No. PZ-2022-00025, which seeks to modify the Five-Ten Subdivision plat.
On September 7, 2000, Ruth Marie Bolt filed an application with the City of Carmel for
primary plat approval of a subdivision plat(the "Five-Ten Primary Plat")to be known as Five-
Ten Subdivision. Attached hereto as Exhibit A is a copy of the proposed Five-Ten Primary Plat
that was submitted on September 7, 2000. The initial Five-Ten Primary Plat called for 4 lots on
1.95 acres. Lot 1 is approximately 0.75 acres and Lot 2 is approximately .23 acres. Those lots
were improved with single-family homes at the time the Five-Ten Primary Plat was submitted
for approval. Lot 4 is to the north of Lots 1 and 2, and Lot 3 is to the south of Lots 1 and 2. Lots
3 and 4 back up to the Monon Greenway and lack access to 1st Avenue NW (or any other
publicly dedicated street).
The Carmel Plan Commission conducted a public hearing on November 21, 2000, to
consider the application for primary plat approval of the Five-Ten Subdivision. Several
surrounding property owners spoke in opposition to the proposal. Concerns included traffic,
access to the lots and negative effects on property values.
TUGHY BAILEY Sc MOORE i.LP
Mike Hollibaugh
April 5, 2022
Page 2
In response to the neighbors' concerns, the petitioner and her representatives stated,
"there is no intent to build homes on either Lot 3 or 4" and "they are not trying to put up
additional houses." Laurence Lillig with the Carmel Department of Community Services
advised the Plan Commission that, "[i]n helping the owner plat the land, they virtually and
intentionally made lots 3 and 4 unbuildable."
After the November 21' Plan Commission public hearing, the petitioner and the City of
Carmel collaberated to develop language for the Five-Ten Primary Plat to memorialize that Lots
3 and 4 of the plat are unbuildable lots. Attached hereto as Exhibit B is a copy of
correspondence from the Department of Community Services to the petitioner's engineer with
proposed language to be included on the plat as a restrictive covenant and on the deeds to the
lots.
It was agreed by the petitioner and the Cannel Plan Commission that Lots 3 and 4 would
be re-labeled as Block"A" and Block"B" on the plat, and that the following restrictive covenant
be placed on the Five-Ten Primary Plat:
Note: Blocks A & B of the Five-Ten Subdivision are ineligible for
Improvement Location Permits from the City of Carmel for the
following reason:
Adjacency to the Carmel/Clay Monon Greenway does not satisfy
the requirement of Carmel/Clay Zoning Ordinance Section 2.4: Lots,
which stipulates that, "Every building hereafter erected shall be
located on a platted lot or an unplatted lot or tract as approved by the
Director,which abuts and has adequate frontage on a publicly
dedicated street..."
A Deed Restriction Note shall be placed on deed as stated:
No improvements shall be made to the Real Estate except in
conformity with all applicable governmental ordinances and
regulations.
Attached hereto as Exhibit C is a copy of the revised Five-Ten Primary Plat with the re-
labeled Blocks "A" and "B", and the restrictive covenant. The Cannel Plan Commission
approved the revised Five-Ten Primary Plat, with the added restrictive covenant, on January 16,
2001.
On May 2, 2001, the Carmel Board of Public Works approved the Secondary Plat for
Five-Ten Subdivision, Section One (the "Five-Ten Secondary Plat"). The Five-Ten Secondary
Plat contains the following restrictive covenant:
TuOHY BAILEY & MOORE LLP
Mike Hollibaugh
April 5, 2022
Page 3
NOTE: BLOCKS A & B OF THE FIVE-TEN SUBDIVISION
(FUTURE SECTION 2) ARE INELIGIBLE FOR IMPROVEMENT
LOCATION PERMITS FROM THE CITY OF CARMEL FOR THE
FOLLOWING REASON:
ADJACENCY TO THE CARMEL/CLAY
MONON GREENWAY DOES NOT SATISFY THE
REQUIREMENT OF CARMEL/CLAY ZONING ORDINANCE
SECTION 2.4: LOTS,WHICH STIPULATES THAT, "EVERY
BUILDING HEREAFTER ERECTED SHALL BE LOCATED ON A
PLATTED LOT OR AN UNPLATTED LOT OR TRACT AS
APPROVED BY THE DIRECTOR, WHICH ABUTS AND HAS
ADEQUATE FRONTAGE ON A PUBLICLY DEDICATED
STREET..."
A DEED RESTRICTION NOTE SHALL BE PLACED ON DEED AS
STATED:
NO IMPROVEMENTS SHALL BE MADE TO THE REAL ESTATE
EXCEPT IN CONFORMITY WITH ALL APPLICABLE
GOVERNMENTAL ORDINANCES AND REGULATIONS.
The Five-Ten Secondary Plat was recorded in the office of the Recorder of Hamilton
County, Indiana, on June 1, 2001, as Instrument No. 200100032222. Attached hereto as Exhibit
D is a copy of the recorded Five-Ten Secondary Plat.
There are two methods for creating restrictions upon the use of property. Wischmeyer v.
Finch, 107 N.E.2d 661, 664 (Ind. 1952). One is by express covenant contained in the deed, and
the other is by recorded plat. Id. The "recording of a plat of a subdivision is notice to the world
of the dedication of streets and alleys and of the restrictive covenants therein contained." Id.
at 663 (emphasis added). After lots in a plat have been sold and conveyed, the plat may be
vacated in whole or in part pursuant to Indiana Code § 36-7-3-10 (if all owners of lots in the plat
agree to the vacation) or Indiana Code § 36-7-4-711 (if all owners of lots in the plat do not agree
to the vacation). Even if all owners of lots in the plat agree to vacate all or part of a plat, the
vacation must be approved by the plan commission in accordance with the provisions of Indiana
Code § 36-7-4. Ind. Code §36-7-3-10(c). The rule which applies to a vacation of a plat applies
with equal force to a modification of a plat. Wischmeyer, 107 N.E.2d at 664.
The McCardwells purchased their property at 450 1st Avenue NW in 2018. Prior to
closing on the purchase of the property, Mr. McCardwell asked Nathan Chavez, Administrator of
the City of Carmel Plan Commission, whether homes could be built on Block"A" of the Five-
Ten Subdivision. In an email dated June 26, 2018, Mr. Chavez assured Mr. McCardwell that
homes could not be built on Block "A":
TuoHY BAILEY 8c MooRE LLP
Mike Hollibaugh
April 5, 2022
Page 4
From:Chavez,Nathan
Sent:Tuesday,June 26,2018 9:43 AM
To:'Terry McCardwell'
Subject:RE: Deed restriction paperwork-450 1st Ave NW
Terry,
There is City right-of-way abutting the southern side of the property,but it is defined as an alley.The
deed restriction note allows for development if the property abuts a"publicly dedicated street."In the
Carmel Unified Development Ordinance the definition for street excludes alleys.The property is not
to be developed on.Would you still like the setbacks?
Thank you,
Nathan Chavez I Administrator-Plan Commission
City of Carmel I Department of Community Services
317-571-2478 I nchavez@carmel.in.sov
In reliance on Mr. Chavez's email, as well as the restrictive covenant on the Five-Ten Primary
Plat and Five-Ten Secondary Plat, the McCardwells purchased the property at 450 1st Avenue
NW. Since that time, the McCardwells have invested over$1,000,000 in improvements on the
property. The construction of their new home on the property is nearly complete.
The petitioner in PZ-2022-00025 (the "Petitioner")purchased Block"A" of the Five-Ten
Subdivision in 2021. The deed the Petitioner received to Block"A" states that the conveyance is
subject to all restrictions of record. Restrictions of record include the restrictive covenant on the
Five-Ten Secondary Plat that is recorded in the office of the Recorder of Hamilton County,
Indiana, as Instrument No. 200100032222. Thus, the Petitioner had actual and/or constructive
knowledge when he purchased Block"A"that Block"A" is not eligible for an improvement
location permit.
It appears that the Petitioner is seeking to modify the Five-Ten Primary Plat and Five-Ten
Secondary Plat to remove the restrictive covenant that prohibits the issuance of an improvement
location permit on Block"A"of the Five-Ten Subdivision.1 The Petitioner is asking to divide
Block A into two lots for the construction of single-family residences. The proposed lots will
not have frontage on a publicly dedicated street and will instead be accessed via the narrow alley
south of Block"A".
' The petition and published notice state only that the Petitioner desires to"amend plat in place to remove
land locked lot and create two new lots on south parcel." The plan submitted with the petition show two proposed
single-family homes on those lots. There is no specific request to vacate the restrictive covenant from the Five-Ten
Primary Plat or Five-Ten Secondary Plat.
TuoHY BAILEY 8c MOORE LLP
Mike Hollibaugh
April 5, 2022
Page 5
To construct homes on Block"A", the restrictive covenant on the Five-Ten Primary Plat
and Five-Ten Secondary Plat prohibiting such construction must be vacated and removed from
the plat. Restrictive covenants on a plat may be removed only upon a determination that:
(1) the platted area is within an area needing redevelopment and the
covenant vacation would promote a recovery of property values in the area
needing redevelopment by allowing or encouraging normal development
and occupancy of the platted area;
(2) the covenant vacation is needed to secure for the public adequate light,
air, convenience of access, or safety from fire, flood, or other danger; or
(3) the covenant vacation is needed to lessen or avoid congestion in the
public ways.
Ind. Code§36-7-4-714.
There is no evidence to support the findings required by Indiana Code § 36-7-4-714 for
the vacation of a restrictive covenant on a plat:
Is the Five-Ten Subdivision within an area needing redevelopment and the covenant vacation
would promote a recovery of property values in the area needing redevelopment by allowing or
encouraging normal development and occupancy of the platted area?
No, the Five-Ten Subdivision is not within an area needing redevelopment. This area is
adjacent to the Monon Greenway and has seen significant residential investment.
Is vacating the restrictive covenant on the Five-Ten Primary Plat and Five-Ten Secondary Plat
needed to secure for the public adequate light, air, convenience of access, or safety from fire,
flood, or other danger?
No, vacating the restrictive covenant on Block"A" (presumably the restrictive covenant
remains applicable to Block"B") is not needed to secure for the public adequate light,
air, convenience of access, or safety from fire, flood, or other danger. Indeed, the
opposite is true. The Follett& Morrow Legal Drain runs north-south through the middle
of Block"A". A county drainage tile is located within the legal drain. A 150 foot wide
legal drainage easement connected to the Follett& Morrow Legal Drain encumbers
almost the entirety of Block"A". Developing within the legal drain may adversely affect
drainage in the area and may result in flooding of neighboring properties. Moreover,
access will be an issue as the two proposed lots do not have frontage on a publicly
dedicated street. Residents, guests, delivery trucks and safety personnel will be limited to
TUOHY BAILEY & MOORE LLP
Mike Hollibaugh
April 5, 2022
Page 6
accessing the properties via a narrow alleyway. This is the same narrow alley that existed
in 2001 when the City of Carmel determined that Block"A" lacked adequate access for
one home, let alone the two homes the Petitioner is proposing. It is also the same alley
that Mr. Chavez referenced in this 2018 email to Mr. McCardwell assuring Mr.
McCardwell that Block"A" could not be built on because it lacked frontage on a publicly
dedicated street.
Is vacating the restrictive covenant on the Five-Ten Primary Plat and Five-Ten Secondary Plat
needed to lessen or avoid congestion in the public ways?
No, removing the restrictive covenant that prohibits construction on Block"A" is not
needed to lessen or avoid congestion in the public ways. There is no congestion in the
public ways applicable to Block"A".
The Carmel Plan Commission approved the Five-Ten Primary Plat and Five-Ten
Secondary Plat in 2001. Approval was granted only after the petitioner in 2001 agreed to place a
restrictive covenant on the plats and in the deeds to the properties that prohibited the construction
of single-family residences on Blocks "A" and "B". The Petitioner in this case purchased Block
"A"with knowledge of that restriction. The restriction may only be removed if the limited
circumstances set forth in Ind. Code § 36-7-4-714 are present. In this case, they are not.
Accordingly, the Petitioner's request to modify the Five-Ten Preliminary Plat and Five-Ten
Secondary Plat to permit the construction of two single-family homes on Block"A" should be
denied.
Sincerely,
c6M°wo..`'—
John J. Moore
JJM/hs
Enclosures •
cc: Terry McCardwell (w/encls.)
• •
Tcj" A
City of Carmel
\ \'
Im� DEPARTMENT OF COMMUNITY SERVICES vy
1.
4 January 2001
To: Carmel/Clay Plan Commission Subdivision Committee
Cc: David R. Barnes of Weihe Engineering fax: 843-0546
Re: Five-Ten Subdivision Primary&Secondaiy Plat Applications(Docket Nos. 155-00 PP& 156-00
SP)
What follows is the Department's proposed language for the Note to be included on the Secondary
Plat of the Five-Ten Subdivision and the deed restriction to be included for Blocks A & B. Please
review the language in preparation for the Tuesday, January 4th, meeting.
Secondaiy Plat Note:
Note: Blocks A & B of the Five-Ten Subdivision are ineligible for Improvement
Location Permits from the City of Carmel for the following reason:
• Adjacency to the CarmeUClay Monon Greenway does not satisfy the
requirement of Carmel/Clay Zoning Ordinance Section 2.4: Lots, which stipulates
that, "Every building hereafter erected shall be located on a platted lot or an
unplatted lot or tract as approved by the Director, which abuts upon and has
adequate frontage on a publicly dedicated street..."
Deed Restriction:
No improvements shall be made to the Real Estate except in conformity with all
applicable governmental ordinances and regulations.
The Note has been reviewed by the Plan Commission's Attorney, and the Deed Restriction's language
follows his suggested wording. If you have any questions, please feel free to contact me at (317) 571-
2417.
My apologies for my delinquency in providing you this material.
Sincerel ,
Q.12.
r.. nce M. Lillig, Jr. EXHIBIT
Planning Administrator
Department of Community Services a B
Page 1
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417
C
I, THE UNDERSIGNED REGISTERED LAND SURVEYOR IN FIVE —TEN SUBDIVISION PC a sl;cue S9c
THE STATE OF INDIANA, HEREBY CERTIFY THAT THE WITHIN
PLAT REPRESENTS A SURVEY AND SUBDMSION OF THE FOLLOWING SECTION ONE p°020°°3 DESCRIBED REAL ESTATE: Flled for Record in
SEC 0 N D ARY PLAT MARYLL HAMILTON
AY' 1NDIANA
A PART OF THE NORTHEAST QUARTER OF SECTION 25, DTI-2001 03:418 pi.
0 A�(!i �Ly
TOWNSHIP 18 NORTH, RANGE 3 EAST IN CLAY TOWNSHIP,
HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS SUBMISSION DATE: August 21 , 2000 �"1
FOLLOWS: DULY ENTERED FOR TAXATION RECENET
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST o - i p�e f WI Subject to final acceptance for transfer " JUN 8 ?
QUARTER OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 3 EAST, L Q •I*■ / day of e— ,2L i UO(S
• THENCE WEST ON AND ALONG THE SOUTH LINE OF SAID — 0 __ �
QUARTER 413.00 FEET THENCE NORTH 00 DEGREES 00 a Di Y:.� �� "
MINUTES 00 SECONDS (ASSUMED BEARING) PARALLEL WITH THE p I 0 L. decan..t.771 AL1d Auditor of Hamilton County �;
EAST LINE OF SAID QUARTER 1520.00 FEET TO THE POINT OF I % ����
BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 89 DEGREES ��������� — !A� Parcel#
08 MINUTES 53 SECONDS 354.07 FEET TO A POINT ON THE RIGHT o_d'! d O ( �A'•
OF WAY OF THE CT & L. RAILROAD WEST ALONG THENCE NORTH 00 ! _--��� The undersigned, Russell M. Schwartz and Ruth Marie Schwartz, owners of the real estate
DEGREES 44 MINUTES 44 SECONDS SAID EAST RIGHT - ET n U (� r. shown and described herein, does hereby certify that they have laid off,
OF WAY LINE 120.49 FEET; THENCE NORTH 89 DEGREES 08 MINUTES ----���J -I plotted and subdivided and do hereby lay off, plat and subdivide, sold
53 SECONDS EAST 355.64 FEET TO A POINT ON THE WEST RIGHT r' 1� real estate in accordance with the within plat. The following restrictions.
OF WAY UNE OF FIRST AVENUE NORTHWEST AS NOW EXISTS; It)Cf Imitation and convenanb ore hereby imposed upon and shall run with
❑ • A ' the land contained in such plot.
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS 1 L. w� — _
PARALLEL WITH THE EAST LINE OF SAID OUARTER AND ALONGNO SCALE This subdivision shall be known and designated as FIVE-TEN SUBDIVISION
THE WEST RIGHT-OF-WAY LINE OF FIRST AVENUE NORTHWEST SECTION MAP SECTION ONE, a subdivision in Hamilton County. Indiana.
120.50 FEET TO A POINT WHICH BEARS NORTH 00 DEGREES 00 uNDER.AUTHORITY PROVIDED BY INDIANA CODE 36-7+710,AND ORDINANCES ADOPTED All streets shown and not heretofore dedicated are hereby dedicated to the public.
MINUTES 00 SECONDS 1520.00 FEET FROM THE SOUTH LINE OF BY THE COMMON COUNCI OF THE CITY OF CARMEL,INDIANA THIS PUT WAS GIVEN OWNER AND SUBDIVIDER .
SAID NORTHEAST QUARTER TO THE PLACE OF BEGINNING, APPROVAL By THE Cm OF CARMEL AS FOLLOWS:
CONTAINING 0.98 ACRES, MORE OR LESS.
GRANTED ADMINISTRATIVE APPROVAL BY THE DEPARTMENT OF COMMUNITY SERVICES BY
PURSUANT TO ARTICLE xi,-,F TH ova. ‘,"LAY 'AN COMMIssION•s RULES of PROCEDURE ON Russell Schwartz ljiY P(j8
BY -44 //l4RtQ
SUBJECT TO ALL LEGAL EASEMENTS AND RIGHTS-OF-WAY. "O�04FIC74 lr 1
BY _ DIRECTOR
MICHAEL P. HOW .UGH,DI ECTOR Ruth Wane Schwa " i
THIS SUBDMSION CONSISTS OF 2 LOTS, NUMBERED 1 AND 2, DEPARTMENT OF COMMUNITY SERVICES Stet, of Indiana ) v' SP[1RGBCt1 t
TOGETHER WITH STRtt IS, ALL AS SHOWN ON THE WITHIN PLAT. CARMEL.INDIANA County of Hamilton ) 3S:
RIGHTS-OF-WAY OF RECORD. 7), SEAL v�Q�
THE SIZE OF THE LOTS AND WIDTH OF EASEMENTS ARE SHOWN THIS PLAT WAS GIVEN THE APPROVAL OF THE BOARD Of PUBLIC WORKS Before me, the undersigned, a Notary Public, in and for p
IN FIGURES DENOTING FEET AND DECIMAL PARTS THEREOF AND �Ar=EY OF,THE CITY of CARMEL.INDIANA,AT A MEETING HELD: County and State, personally appeared Russell M. Schwartz a one Schwartz.
`•'1�/1N �/ .4'lrr�/ who acknowledged the execution of the foregoing instrument as their
///n/LiCr A' voluntary Oct and deed, for the purposes therein expressed.
�7 �/ ,,,,,,,,,lttty,,, 'I r� Witness my hand and Notarial Seal this /Q day of r. . 17. 20C1.
WITNESS MY SIGNATURE THIS t�9, DAY OF �J ��` �N'we%`'��i �Y — c...,, / • 1 71L4'40.ff"AIJ/
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NOTE- BLOCKS A&B OF THE F1VF-TEN TOR SUBDMSION(FUE SECTION 2)ARE MUMBLE R,E Scale 1 = 30'
FOR IMPROVEMENT LOCATION PERMITS FROM THE CITY OF CARMEL FOR THE FOLLOWING IT a• SE Car. NE 1/4
REASON:
ADdACENY TO THE CARMEL/CLAY MONON GREENWAY DOES NOT SATISFY THE Sec. 25, T18N, R4E
REQUIREMENT OF CARMEL/CLAY ZONING ORDINANCE SECTION 2.4: LOTS. WHICH STIPULATES LEGEND o E per C.S.R.
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A DEED RESTRICTION NOTE SNALL BE PLACED ON DEED AS STATED: I = CONCRETE MONUMENT SET (4"x4 x36") z EXHIBIT
NO IMPROVEMENTS SHALL BE MADE TO THE REAL ESTATE EXCEPT IN CONFORMITY WITH ALL CARMEL/CLAY PLAN COMMISSION S 89'08'53" W 413.00'
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3�.0 53- _ ;3 \ yl ,sir \/ WITw THE EAST VNE OF SAID QUARTER 13H80G FE_T, THENCE SOUTH °o•'1EGR£f5 OH MINUTES +0 SECONDS WEST 156'�n=Fc% 'O THE POINT OF
V \ 0T0,� /� R= t\� \ , gg'08 4U'• aeeC r I rron Pre Set B7 T-OF WMr LINEOF THIS DESC OF RIPTION. THENCE y(DEGREESTHENCE NORTH 00 DEGREETES 40 S 59 MINUTES WEST 186 O46 SECONDS WEST"EONS EiNO EAST
• eA .� 01 I _ 15/9"rcoor N,Y•eo coo! 71GHI-OF-WAY LINE 34450 FEET. THENCE NORTH 99 DEGREES 08 MINUTES 40 SECONDS EAST 358 79 FEET TO A.POINT ON 'HE WEST
,c G 11111 L29 PI Pm xt RIGHT-OF-WAY LINE OF FIRST AVENUE NORTHWEST AS NOW EXISTS. TH CL SOUTH 00 DEGREES 70 MINUTES 00 SECONDS PARAL.0 WITH'HE 6
u ' `\ - - mV I JiI 'n 'Si rcoor •,'ea=oo, TAY!OR LAST JNE OF SAID QUARTER AND ALONG THE WEST RIGHT-OF-RAY LINE 3F FIRST AVENUE NORTHWEST 21250 FEET TO A POINT WHICH BEARS
IF NORTH 00 DEGREES 00 MINUTES 00 SECONDS 1520.00 FE7 FROM THE SOUTH LINE OF SAID NORTHEAST QUARTER. THENCE SOUTH 89 DEGREES 08 E
I,Q ,3t�f. I I I-- (inst #94-437-,) MINUTES 40 SECONDS NEST 166 10. THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS AND PARALLEL TO THE EAST'WE OF SAID QUARTER
• Or 3200 FEET TO THE POINT OF BEGINNING AND SUBJECT TO ALL LEGALCASEMENTS AND RIGHTS-OF-WAY X RECORD
75 has2��r 1 LOT #3 I I 1 d x324 FXLEPr
•Ti21.59T r • I PART OF THE NORTHEAST QUARTER OF SECTION 25. TOWNSHIP r9 NORTH RANGE 3 EAST Wr CLAY TOWNSHIP HAMUTON COUNT, 'NDIANA. MORE
B17.r p • PARTICULARLT DESCRIBED AS FOLLOWS
22,15
`I � • I _ 8171E I =OMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST OuAR.cR OF SECTION 25. TOWS HIP IH NORTH, RANGE 3 EAST THENCE WES'ON AND
r II` I , j ALONG THE SOUTH LINE OF SAID QUARTER 413.00 FEET. THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS(ASSUMED BEARING)'ARALLEL ANT»
` } LT' ANDE'SON I THE EAST LINE OF SAID QUARTER 1640.50 FEET TO THE POINT OF BEGINNING OF'HIS DESCRIPION, THENCE SOUTH 39 DE DREES DE MINUTES 40
T i I cn CD N SECONDS WEST 166 70 FEET THENCE NORTH 00 DEGRES 00 MINUTES 00 SECONDS AND PARALLEL WITH THE EAST.WE Or SAC OuARTER 92 OC N
• p C) i 0 R 335. • 103) FEET, THENCE NORTH 39 DEGREES 08 MINUTES 40 SECONDS EAST 766 10 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF FIRST AVENUE
I L. - NORTHWEST AS NOW EXISTS. THENCE SOUTH 00 DEGREES 00 MINUTES CC SECONDS PARALLEL WITH THE EAST LINE OF SNC OuARTER AND ALONG;
'2' 4 '1 I j 4 THE WEST RIGHT-OF-WAY LINE OF FIRST AVENUE NOR^+WEST 92 00 FEET TO THE PLACE OF BEGINNING SUBJECT TC A4 LEGAL EASEMENTS ANC
JRIGHTS-OF-WAY 7F RECORD.
Si I 92A 8
i " •Je,,,,,,,
3,. W 66.10' zs neN.4.E »-.ery ,EWER Pr NE Cor NE y4
Ewe--�9'0853. ,N -:86 26' macs2 W tad'. V/ t86.70 seed; \^ CJ2 o O8'yv'8 10/N flea /rron P.e ;eI 3 5 `f- - 0r5.d'rcoor w.-eR/-oo. x Vmh•
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Set n ,ON
q� C 54 _
var - 0 1f �— S 69.08'53" W 4'3.0C' 'd i
0 1 G = R 7 ALLAN H. *ENE-REG P E.-IN//8827 OF I
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ILEGEND 6�t 3
• 826.3 x 8239 - FENCE LINE COCC
826 r I
Iron Pin Set 'w - OVERHEAD UTILITY LINE W c ¢
814.8 (5/e'reDor w/red cop) ,.1
Iron An Set x cp0 UTILITY POLE W o- c
`(5/8"reVor w/red cop) (N 89'08'40�E deed)! 1 (358.79' deed) p Z'// STORM STRUCTURE e•� i0 3
N 89'08'53" E • ) 356.84' meos. -�'
0 o4"•
- L • SANITARY MANHOLE --- - Q�
190.7a � 0 IS 30 60 Z pgn
. VA (n `�_. W z d I
8/5 ` . o a.Irl to o W c
8ta.9 ULO(7� R o 825.5 - - 6
¶ h� _ may
x 17,497 SF I I,r- x• o o ! II �,1� 1.1G1'll Et i L_'J ,� i I_ am
Iron"c Set j l J r(,1 1ILI r
Ip • m (5/8"re6or w/•ed cap) Fl I//%/ I_1 �INrrR �...L-�
ra YYY - I F
V 1 _ /
` Iron Pin Found O -- < JIT. .P]i "I _/j .�.! IL I
816 0.9'NW or colt. co (N 89'OS'40" E deed) usem Sin /' -.-• ■� 8
N 89'08'53" E 189.54' �. /� N 89'08'53" E 166.10' li 1_J•Git-
X816.3 \ 355.6a, a i k-i j-^ i.7w-� 5 uC7�_ t; l Mill _
z zI j "
•
B.BC Rt '�-
O O ' L iron Pin Set , ao.oa Stone t/l
0 0 - I ' ' Th_�TT--` Uri`L Cfn _
CD 4. I Ap pmx.Location of County (5/8'redo,w/red cop) EY - t-- --
•
Tile m ecdled Irwn Co. ~I
rn a' r-1 Drain Map tr or 150' N 89'08'53- E LOT I m 824;8 0 �L_ _ --.-- - L Br �� •
`ITIi TIm
al Drain E»moot 32.7515 SF x - �`-I r L _ I �) f Q ;
�� \ 125.00' h o �/s 11 �t �o f�1 r ° � 1-- n v-
m a *I al r m In rn LOCATION MAPs� SOUS MAP
cfoo al r n o\ LOT /J r ^ o _ I- -
0 0o o :I/2 smr Nor.. f z ',u $e
a p\\ CO •O 10,000 SF O en,,, 1 > Re
�S \\ 0 - -- 1 I 4,ary O Potb NO C .. --' -_
C -, r moo , •� ��� ( o , o i., Y_.
- _�D,n - c''87a 4 y
C7 \ I f \ I •ti T+1� f I i A PART OF THE NORTHEAST QUARTER OF SECTION 25. TOWNSHIP 18 NORTH,RANGE 3 EAST IN CLAY TOWNSHIP.HAMILTON COUNTY. IN MORE ^<
' \tH - ` L J Poke StoAe �'0 PFFPE*UAL ACCEj,fa.Tb!L'll� I PARTICULARLY DESCRIBED AS FOLLOWS -
k 822.9 a ' 5 x 816.5 t 25-00' Il t p3.64' 1 �5
co P >I _ 12r5 4' • ) - {, i COMMENCING Al THE SOUTHEAST CORNER OF THE NORTHEAST OUARIER OF iECT1ON 25, TOWNSHIP 18 NORTH,RANGE 3 EAST, THENCE TON e
w O P N 89'` '53" E 187.97 i i� -S 89'08 53"-N-Y6810 \ AND ALONG THE SOUTH LINE OF SAID QUARTER 413.00 FEET, THENCE NORT'-t 00 DEGREES 00 MINUTES 00 SECONDS(ASSUMES BEARIN) ARALLEL
• • I \ WITH THE EAST LINE OF SAIL QUARTER 1388.00 FEET. THENCE SOUTH 89 DEGREES 08 MINUTES 40 SECONDS WEST 166.70 FEET TO TH OINT OF 2Y
o, 3 1.1 i•,„ I (s 89•os'ao" w deed) i Iron Pin Set BEGINNING OF THIS DESCRIPTION. THENCE SOUTH 89 DEGREES 08 MINUTES 70 SECONDS WEST 166.70 FEET TO A POINT ON THE EAST Ea
Co cb •1' • { (5/8"reDor w/red coA) RIGHT-OF-WAY LINE OF THE C.I.&L. RAILROAD(MONON), THENCE NORTH 00 DEGREES 59 MINUTES 46 SECONDS WEST ALONG SAID EAST
CD n N 1,.0- \1�t I RIGHT-OF-WAY LINE 344.50 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 40 SECONDS EAST 358.79 FEET TO A POINT ON THE WEST�� P•
\\ _ I Iron An Set w,'�Q[A
._ !n•
,e, [ ,r' - Cr'1 o 5/8"reDor w red RIGHT-OF-WAY LINE OF FIRST AVENUE NORTHWEST AS NOW EXISTS, THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS PARALLEL THE y�
( / caVi EAST LINE OF$AID O;JARTER AND ALONG THE WEST RIGHT-OF-WAY LINE OF FIRST AVENUE NORTHWEST 212.50 FEET 70 A POINT WHICH R$
\ `O. O 'Afl:.'F NORTH 00 DEGREES 00 MINUTES 00 SECONDS 7520.00 FEET FROM THE SOIITH LINE OF SAID NORTHEAST QUARTER, THENCE SOUTH 89 DEGREES 08
�I p �� I 1�II 0 I. • e01-4 315,,I MINUTES 40 SECONDS WEST 166.10, THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS AND PARALLEL TO THE EAST LINE OF SAID QUARTER ---- -.
�� I 0 132.00 FEET TO THE POINT OF BEGINNING AND SUBJECT TO ALL LEGAL EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
BLOCK •A , , I O 824.7 EXCEPT.
N O X
24,697 SF ! -
I x 81 m PART OF THE NORTHEAST QUARTER OF SECTION 25. TOWNSHIP 18 NORTH, RANGE 3 EAST IN CLAY TOWNSHIP,HAMILTON COUNTY, INDIANA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
817.7
820.8 X
x COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 25, TOWSHIP 18 NORTH, RANGE 3 EAST, THENCE WEST ON AND
II I
' ALONG THE SOUTH LINE OF SAID QUARTER 413.00 FEET THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS(ASSUMED BEARING)PARALLEL WITH
II I � ,� �'+:•Lli'.,'N THE EAST LINE OF SAID QUARTER 1640.50 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, THENCE SOUTH 89 DEGREES 08 MINUTES 40 `,
II ' U O tt " p loll I SECONDS WEST 166.10 FEET, THENCE NORTH 00 DEGRES 00 MINUTES 00 SECONDS AND PARALLEL WITH THE EAST LINE OF SAID QUARTER 92.00 Es!_ FEET, THENCE NORTH 89 DEGREES 08 MINUTES 40 SECONDS EAST 166.10 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF FIRST AVENUE _
C NORTHWEST AS NOW EXISTS, THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS PARALLEL WITH THE EAST LINE Or SAID QUARTER AND ALONG 11
THE WEST RIGHT-OF-WAY LINE OF FIRST AVENUE NORTHWEST 92.00 FEET TO THE PLACE OF BEGINNING. SUBJECT TO ALL LEGAL EASEMENTS AND F+
/ RIGHTS-OF-WAY OF RECORD.
I I - . 610 824.3 0.
823.9 - X
x i .- ' / NF co, NE 1/4
• SAN SEWER A S 89'OB'S3" W 7 66,t 0' Sec 25.flBN,A4 �+
S 89'08'53'W 186.26' meas. PQ.B (S 89'08'40" W deed) P No:l Era
von Pin Set pe'C.SA
(S 89'OS'40' W deed) (186.70' deed) (5/8"reDor./ed coo) A
y Note. Blocks A&B of the Five-Ten Subdivision are ineligible for Improvement
Iron Pin Set 816.9 Loco'imAdpcenc its�t theom eCm-me!/Clay Uanon Grf Carmel for heenraye wdoes oat sat'sly the (I1 a Q
(5/8"repot w/rea cap) X x818.3 -o eqy / Y 9 r ulremedj of Carmel a Zones dinonce Section 14. Lots, which stipulates
O that, Every building hereofter erected sholl be located on o plotted lot or an 1/i v
cci
oo unplatted lot or tract as approved by the Director, which abuts upon and has
0'3 adeguote frontage on o pubhcy dedicated street._" `J - y
822 7
X A Deed Restriction Note shall be placed on deed as stated: il!
3 No improvements shall be mode to the Real Estate except in conformity with oll M
OI applicable governmental ordinances and regulations c'1p7 I CC. W
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I EXHIBIT B '` -
tr
SE Co, NE VI IED
SIIh3.T NO
SO Noir NE I/4 Sec 25. IBN,ROE C Y'
Sec.25.T7BN,R4F .M
PO Noil FM per C$
pn C.SR �\ , I tam
. �A l'N � y''\ 1
S 89'08'53- W 413.00' N
ZONING = R2 4,t ll ,IF I