HomeMy WebLinkAboutRecorded Commitments
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FlIed far Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 09-28-2000 Rt 02:38 pm.
MISC 43. 00
This Declaration of Commitments (hereafter Declaration) is m z...,(day of
\ft,..,,, . 2000, by DYC Realty, LLC, an Indiana limited Ii co. m} eafter
Declarant): ~
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WHEREAS, these Commitments are made in connection with the granting of a Special Use,
with respect to theRealEstate, by the Cannel/Clay Board of Zoning Appea1s under Docket Nos. SU-
53-00, SU-54-00, and SU-55-00 (hereafter collectively the Applications);
.
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~ Exhibit "E"
(consisting of 18 pages)
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DECLARATION OF COMMITMENTS
FOR THE 9~ STREET AUTO PABK
WlTNESSETIi:
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WHEREAS, Declarant is the owner of the real estate more p
is attached hereto and incorporated herein by reference as Exhibit A (
. WHEREAS, Tom Wood, Inc. and Tom O'Brien Chrysler-Plymouth, Inc.-Northside may
become owners of part of the Real Estate and, as such, have executed these Commitments to show
their consent hereto;
WHEREAS, the term Owner(s), as used throughout this Declaration, shall mean and refer
to (1) the Declarant, (ii) the Declarant's successors, assigns, and grantees, (Hi) any future owners of
part or all of the Real Estate, and (iv) any person or entity acquiring an interest in the Real Estate;
NOW, THEREFORE, Declarant declares that the Real Estate shall be held, sold, and
conveyed subject to the following commitments: . .
A. Landscapin~ Commitments Applicable to the Real Estate.
1. As depicted on the drawing attached hereto as Exhibit B (hereafter the
Drawing), a berm, which will'undulate between four (4) and six (6) feet in
height above existing grade, will be cons1ructed by Owner on (i) the R.ea1
Estate along the southern property line of Williamson Run west of Cannel
Creek and (ii) on the Williamson Run Common Area. On this berm will be
planted long-lived evergreen trees (minimum 10-14 feet high), spaced in ten
(10) feet staggered intervals. This Item A-I will be completed prior to the
~ommencement of constroction of any buildings on the Real Estate: The
landscaping and berm will not be removed or disturbed. There will also be
a SO-foot green space buffer (Green Space Buffer) extending from Randall
Drive to the western boundary of the floodway on which there will be no
buildings or pavement. The Green Space Buffer will comprise 50 feet by
para11ellines otfthe northern border oftbat portion of the Real Estate that is
immediately south of the southern border ofWilliamson Run, east ofRandall
Drive, and west of the western boundary of the floodway, all as depicted on
the Drawing.
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2. As also depicted on the Drawing, a berm of similar height will be constructed
by Owner along the western line of the floodway. This berm will extend
450 feet south from the northern boundary of the Real Estate. Landscaping
will be planted on and around this berm and will continue south along the
western boundary of the floodway. This Item A-2 will also be completed
prior to the commencement of construction of any buildings on the Real
Estate. The landscaping and berm. will not be removed or disturbed.
3. As also depicted on the Drawing, three (3) long-lived evergreens (minimum
25 feet high) will be planted by Owner in the WilliamsonRnn Common Area
located near the southeastern comer of the Williamson R.unlake that adjoins
Carmel Creek. This Item A-3 shall also be completed prior to the
construction of buildings on the Real Estate.
4. No trees or shrubs located on the Williamson Run property will be removed
except as reasonably necessary to install the berm described in A(l) above.
S. No trees or shrubs located within the Green Space Buffer will be removed
except as reasonably necessary to install the berm described in A(l) above.
6. The following restrictions apply (i) to the Real Estate which is generally
depicted on the Drawing as 15 feet by parallel lines off the northern boundary
of the Real Estate within the flood way (hereafter "PreseIVaUon Area''), and
(n) the real estate also generally depicted on the Drawing as that portion of
the Real Estate that is 15 feet by parallel lines off the southern boundaty of
the Preservation Area within the floodway (hereafter "Transition Area"):
(a) Owner will not remove or intentionally disturb trees or vegetation
within the PreseIVation Area, unless Owner is so required in writing
by the Depar1D1ent of Natural Resources or the applicable
governmental entity, and Owner has provided at least IS days' notice
of such requirement to the Board of the Williamson Run
Homeowners Association.
(b) In connection with any clearing and grading within the Transition
Area and the area south of the Transition Area within the floodwaYt
Owner will not remove and will use its best efforts to avoid
disturbance of the two largest trees located in the Preservation Area
adjacent to the northern boundary of the Real Estate.
(c) Owner may remove some, but not all, of the other trees and
vegetation in the Transition Area as is reasonably necessary to
provide for a transition to the removal of all trees and vegetation
south of the Transition Area within the floodway.
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7. For each tree that is removed or that dies because it is disturbed by Owner or
its conttactors in violation of any item contained in Section A or Item B(6),
the Owner will, at its option, either replace such tree at its original location
with a tree of similar size and comparable species commonly found in area
DUlSeries, or pay to the Board of Directors of the Williamson Run
Homeowners Association, Inc. (the "Williamson Run Board") the greater of
(i) the sum of$2S0.00 per inch of the diameter of the tree's trunk, measured
four (4) feet from the ground. or (il) the sum of $750 .00; provided, however,
that (i) the Owner shall have no liability for damage, disturbance, or
destruction to trees the trunk of which, measured fout (4) feet from the
ground, is less than one (1) inch in diameter and (il) the Owner's maximum
liability for anyone tree shall not exceed the sum of Five Thousand Dollars
($5,000.00).
8. The landscaping plan will be provided to and is subject to reasonable review
and approval by the WilliaJIison Run Board. All landscaping which is
installed by Owner and which dies or is removed within three (3) years of
planting will be replaced promptly by Owner.
B. Future ConstIUction on that portion of the Real Estate which is west of Carmel Creek and.
east ofRandallDrive and which is lepllv described in what is attached hereto as Exhibit "C"
(the "Western Parcel"),
1. All buildings located upon the Western Parcel shall have.a residential style
architecture that includes, but is not limited to, an all brick, front-facing
Randall Drive, a h~ght of not more than two (2) stories, and a roof line of
6/12 or greater slope.
2. No retail operations shall occur on any portion of the Western Parcel, and all
uses shall be of a general office nature includin& without limitation,
professional offices, medical offices, dental offices, veterinary offices
(excluding outdoor kennels and animalnms), financial institution offices,
banks, credit unions, insurance offices, real estate offices, clinics or health
centers, but excluding warehousing or storage services.
3. The hours during which. businesses within the Western Parcel are open to the
public shall be restricted to hours between 7:00 a.m. and 7:00 p.m.; provided,
however, that the owners or employees of such buSinesses shall not be .
prohibited from working in buildings within the Western Parcel before
7:00 a.m. or after 7:00 p.m.
4. No more than three (3) road cuts shall be made for entrances on the east side
of Randall Drive between 96th Street and the existing Williamson Run
monuments. Other than Randall Drive itself, no frontage road or other
vehicular connection between road cuts is allowed; provided, however, that
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all parking lots located within the Western Parcel may be connected.
Owner shall dedicate Randall Drive and, 1D the extent required by municipal
auth~rities, so much of the land on either side of Randall Drive. To the
extent it has any control over road cuts on the western side of Randall Driv~,
Owner will not cause or otherwise assist in obtaining one or more road cuts
on the western side of Randall Drive unless so ordered in writing by the
CarmeVClay Board of Zoning Appeals, Plan Commission or Boar~ of Public
Works, other municipal authority, or by a court of competent jurisdiction.
6.
Other than is necessary to commence cOJ1Struction of the Western Parcel and
to create road cuts and install any sidewalks required by the CarmeVClay
Board of Zoning Appeals, Plan Commission or Board of Public Works, or
other municipal authority, none of the oak: trees on the east side of Randall
Drive will be removed by the Owner. Any such oak.trees removed in order
- to access the Western Parcel to commence development, or to create road
cuts, or to install required sidewalks, shall be either replanted or replaced in
the same or near location and by a tree of similar size and species.
7.
At the time of the commencement of the development of the Western Parcel,
the Owner agrees to assuate all care of trees, grass, and other landscaping
located within that portion f the Western Parcel that is not dedicated. The
Owner agrees to provide e Williamson Run Board with the proposed
landscaping plan for the Western Parcel, which should include dense
landscaping between buiI 'ngs, when such plan becomes available and
further agrees to discuss i good faith elements of the landscaping plan to
which the Board may obj
8.
At the time of the develop ent of the Western Parcel, the Owner will install
an appropriate sprinkler Si stem on the east side of Randall Drive for the
existing trees, gIlISS, :1 other landscaping. and to the - it is DOt
prohibited by reason of e dedication described in Item B(S) above, will
connect the existing sp . I er line on the west side of Randall Drive to the
system.
9.
The rail fence on the side of Randall Drive will not be removed except
. as required by municip authorities. The rail fence on the east side of
Randall Drive will be k intactuntil the commencement of the development
of the Western Parcel, at hich time it may be removed.
10.
Parking for buildings on ' e WestemParcel shall be permitted in the front of
the buildings.
11.
All signage located on ~e Western Parcel shall be installed and maintained
in accordance with the applicable sign ordinance and. any variances
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therefrom. The Williamson Run Board will be given prompt notice of any
request for a sign variance for signs located on the Western Parcel.
12. Lighting shall be installed and used such that any light spill over at the
Williamson Run property line of the Real Estate will not exceed 0.1 foot-
candle. All exterior lights shall be significantly diminished in intensity at all
times between 10:00 p.m. and 6:30 a.m. The Owner agrees to provide the
Williamson Run Board a copy of the Western Parcel's lighting pl~ when it
becomes available and further agrees to discuss in good faith elements of the
lighting plan to which the Williamson Run Board may object.
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C. Limitation UDon Usage oftbat portion of the Real Estate that is east of Carmel Creek and
more Darticu1arly described in Exhibit D attached hereto (the "Eastern Parcel").
1. The northwestern triangular comer of the Eastern Parcel described on
Exhibit E, which is located in the floodway and shown on the Drawing, will
be used only as a green-way and for no other purpose including, without
limitation, motor vehicle parking, parts or equipment storage, trash
receptacles, or any other use not compatible with its use as a green-way.
D. Limitations U~n Activity and Ooeration on the Eastern Parcel.
,1. No dealership or other business on any portion of the Eastern Parcel shall
open to the public or otherwise conduct any business with the public before
7:00 a.m. or after 9:00 p.m.; provided, however, that nothing herein shall
prohibit (i) drop box customers before 7:00 a.m., (ii) the occasional
conclusion of business with a customer after 9:00 p.m., and (iii) partS
deliveries after 9:00 p.m.
2. All auto body repair activities (including, but not limited to storage of any
wrecked cars) and all trash receptacles and other waste storage shall be
handled so that they cannot be viewed from Randall Driv~ or from any
portion of Williamson Run; provided, however, that this provision shall not
prohibit the visibility from Williamson Run of one sign on only one building
indicating auto body repair services.
3. With the exception of one (1) speaker on only one building located upon the
real estate described in Exhibit .'D2" and pointed southwest, no speakers or .
other components of a pub lie address system shall be located on the western
or northern sides of any building or other structure on the Eastern Parcel.
4. The use of walkie talkies, beepers or other wireless technology shall strongly
be encouraged. by the owners of any businesses located on the Eastern Parcel.
Other than as necessary to cut grass and otherwise maintain the floodway and
other green spaces, noise levels which, at the southern boundary of the
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Williamson Run property, are loud and sustained are prohibited.
S. Any automobile dealership located on the Eastern Parcel shall maintain a
firm policy of no test driving in or through Williamson Run, and shall train
each sales person to abide by that policy.
6. No large flagpole or other temporary or permanent use of any blimps,
balloons, banners, promotional items, or other similar objects shall be
installed or used if (a) any such item is above the building height of such
dealership and (b) such item can be seen from Randall Drive or from any
portion of Williamson Run; provided, however, that this provision shall not
prohibit a flag pole, not more than SO feet in height, displaying the American
flag and located either (i) within 250 feet north by perpendicular lines off of
the center line of 96th Street or (ii) the cul-de-sac to be located in the
northern portion of the Eastern Parcel.
7. All signage located on the Eastern Parcel shall be installed and maintained
in accordance with the applicable sign ordinance and any variances
therefrom. The Williamson Run Board shall be given prompt notice of any
request for a sign variance for signs located on the Eastern Parcel.
8. The bed of Carmel Creek shall not be excavated or otherwise lowered from
its natural and current elevation.
9. Lighting shall be installed and used such that any light spill over at the
Williamson Run property line of the Real Estate will not exceed 0.1 foot-
candle. All exterior lights shall be significandy diminished in intensity at all
times between 10:00 p.m. and 6:30 a.m. The Owner agrees to provide the
Board ofDirectors of Williamson Run a copy of the Eastern Parcel's lighting
plan as soon as possible and further agrees'to discuss in good faith elements
of the lighting plan to which the Board ofDirectcrs ofWilliamson Run may
object.
E. Construction Restrictions.
1. During construction, materials that can be blown by the wind will be
contained and, at least weekly, construction debris will be removed from the
Real Estate and Williamson Run by the Owner and/or its contractors.
F. ' Liability for Breach.
1. In the event that the owner of any business within the Real Estate fails to
faithfully perform and fulfill any of its obligations set forth above, such
owner shall be liable to perform and fulfill such item.
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2. In the event that Owner fails to faithfully perform and fulfill any of its
obligations set forth above, Owner shall be liable to perform and fulfill such
item.
G. Miscellaneous. Provisions Applicable to Commitments:
1. Bind~~ on SUCCe9Sms and Assigns. These Commitments shall remain binding on
the Owner(s), unless modified or terminated in writing by both (i) the C~eVC1ay
Board of Zoning' Appeals after a duly noticed public hearing and (ii) the Williamson
Run Board. Any suc;J1 termination or modification of these Commitments shall be
of no force or effect until the Owner(s) consent in writing to such termination or
modification. '
2. Effective Date. The Commitments contained herein shall not be effective until both
(i) the approval of any of the Applications, and (ii) the commencement of
cons1rucUon pursuant to the- approval of any of the Applications.
DYC REALTY, LLC, an Indiana
limited 1iabili~ any
Date:
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By:
STATE OF INDIANA )
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COUNTY 0 )
Before me, a Notary Public, personally appeared Alan V. Young, member ofOYC Realty,
LLC; an Indiana limited liability company, who acknowledged execution of this Declaration of
Commitments for the 96h Street Auto Park.
Witness my hand and Notarial Seal this ~ 'do. day ~ _ .. 2000.
MyCommissionExpires: O~- \0-0\ ~;,...C\ .U...-t..
Notary Public
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TOM O'BRIEN CHRYSLER-PLYMOUTH,
R1C.-NORTHSIDE .
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Date:
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By: I~ 1-:./)~
: Thomas F. O'Brien, Vice President
STATE OF INDIANA
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Before m~ a Notary Public, personally app~ Thomas F. O'Brien, a Vice President of
. Tom O'Brien Chrysler-Plymouth, Inc.-Northside, wh9 acknowledged execution of this Declaration
of Commitments for the 96* Street Auto Park.
Wi_. my hand and Notarial Sea11his p?~. day of i)UA..L. . 2000.
My Commission Expires: 6.' S' ::2O!J I ~ lh.~ '1 ,.Q. ~ J)o 9 .00:-
: ~Pubhc
Residing in 1Y/a,t./tJ>'f- County ; 'Dt.~f'CLl,:r Wb1'~
Printed Name
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Date:
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Larry .
STATE OF INDIANA )
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COUNTY OF lIa'(l1t'tIv""'^- )
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Before me, a Notary Public. personally appeared Larry'Heid, as Vice President of Tom
Wood, Inc., who acknowledged execution oftbis Declaration of Commitments for the 96* Street
Auto Park.
Witness my ,hand and Notarial Seal this jl.g..",,;l daY, of. 9u ~
. 2000.
My Commission Expires: tjlllLi- o..:<(:,oF
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, Notary Public
Residing in vr()~df/'t\-
County
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Printed Name
Prepared By: Charles D. Fr.m1cenbetger. NELSON & FRANKENBERGER, 3021 East 98th Stleet.
Suite 220. Indianapolis, IndianA 46280, (317) 844-0106.
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E.."mIBIT A
Nt:M Perimeter Description
, .
Port of the South Half of the Southeast Quarter of Section 8. Township 17 North. Range 4 East
in Hamilton County, Indiana, more particularly described os follows: , .
Commencing at the Southeast comer of the Southeast ~uarter of said Section. 8; tI1enc~ North
89 degrees 'Sa minutes 44 seconds West (assum~ beanng) along the South line of said "
Southeast Quarter Section 714.53 feet to the POINT Of BEGINNING: thence continuing North
89 degrees 58 minutes 44 seconds West along said South One 1318.37 feet; thence North 00
degrees 08 minutes 20 . seconds East parallel with the West line of the South Half of said
Southeast Quarter Section 1322.73 feet to the North fine of said South Half Quarter Section: -
thence South 89 degrees 44 minutes 52 seconds East along said North line 1318.17 feet: .
thence South 00 degrees 08 minutes 20 seconds West parallel with the West line of said South
Half OuarterSection 1317.41 feet to the POINT OF BEGINNING. containing 39.953 acres,
more or less. ;
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New Exception Description
A part of the South Half of the. Southeast Quarter of Section 8. Township 17 North.
Range 4 East, Hamilton Counly, Inaaona. described os follows: . .
Commencing at the Southeast comer of said Quarter Section; theJ1Ce North 89 cJe9a ees
58 minutes 44 seconds West 714.53 feet oIong the South line of said Quarter Section to
the Southeast comer of .the owner's land: thence Narth 0 degrees 08 minutes 20
seconds west 16.50 feet along the East line of the owner's land to the North boundory "
of East 96th Street and the point of beginning of this description; thence North 89
degrees 58 mimJtes 44 seconds west 1242.63 feet along the boundary of said East .9~h
Street: thence North 0 degrees 01 minutes 16 seconds tast 18.50 feet along said
boundary; thence North .89 degrees 58 minutes 44 seconds West 75.70 feel oIong said
boundary to the West6ne of the owner's land: then~ North 0 degrees 08 minutes 20-
seconds EGSt 38.03 feet along said West line: thence North 86 degrees 00 minutes 39
seconds East 104.86 feet: thence North 82 degrees 53 minutes ~ seconds East
201.56 feet; then~ North 89 degrees 58 minutes 44 seconds East SO.OO feet; thence
SoutJl 79 degrees 46 minutes 30 seconds East 254.02 feet thence South 89 degrees
58 minutes 44 seconds East 450.00 feet; thence North 84 degrees 18 minutes 38
seconds East 150.75 feet thence South 89 de9rees 58 minutes 44 seconds East
113.75 feet to the East 6ne of the owner's land; thence South 0 degrees 08 minultes 20
seconds West 58.50 feet along said East line to the point of beginning and contoinilleJ
1.719 acres, more or less. . .
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Exhibit B
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Exhibit C
Land Description
Block A of East 96th Street Auto Park
part"or the' South Half of the Southeast Quarter of Sedion 8, Township 17 North, Range 4 East in
Hamilton County, Indiana. more particularly described as follows:
Co'mmencing at the Southeast comer of the Southeast Quarter of said Section 8; thence North 89
degrees 58 minutes 44 seconds West (assumed bearing) along the South line of said Southeast
Quarter Section 714.53 feet to the Southeast comer of Tract II as described in Instrument No. 98-
9276, recorded in the Office of the Recorder of Hamilton County. Indiana; thence North 00
degrees 08 minutes 20 seconds East along the East line of said desaibed land 75.00 feet to the
Norlh right-of-way line of 96U1 Street as described in Instrument No. 98-61332. recorded in said
recorder's office (the following eight (8) courses are along said North right-of-way line); 1) thence
North 89 degrees 58 minutes 36 seconds West 113.75 feet; 2) thence South 84 degrees 18
minutes 38 seconds West 150.75 feet; 3) thence North B9 degrees 58 minutes 44 seconds West
450.00 feet; 4) thence North 79 degrees 46 minutes 30 seconds West 254.02 feet; 5) thence North
89 degrees 58 minutes 44 seconds West 10.02 feet to the POINT OF BEGINNING; 6) thence
continuing North 89 degrees 58 minutes 44 seconds West 50.00 feet; 7) thence South 82 degrees
53 minutes 46 seconds West 201.56 feet; 8) thence South 86 degrees 12 minutes 21 seconds
West 45.72 feet; thence North 00 degrees 08 minutes 20 seconds East 1245.53 feet tc;rthe North
line of the South Half of said Southeast Quarter Section and the North line of said Tract I; thence
South 89 degrees 44 minutes 52 seconds East along saId North line 322.52 feet; thence South 14
degrees 09 minutes 30 seconds West 145.61 feet; thence South 13 degrees 13 minutes 03
seconds East 127.03 feet; thence South 06 degrees 49 minutes 55 seconds West 248.08 feet;
thence South 06 degrees 21 minutes 08 seconds West 32.53 feet: thence South 00 degrees 01
minums 16 seconds West 672.67 feet to the POINT OF BEGINNING, containing 08.255 acres,
more or less.
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Exhibit D1
Laud Description .
Lot 1 DC East 9P Street Allto Park
(Building 1)
Part of the South Half of the Southeast Quarter o(Sedien 8. Township 17 North. Range 4 East In
HamBton County. Indiana. mere particularly described as follows: ~~
Commencing at the Southeast comer of the Southeast Qulrter of said Section 8: thence North 89
degrees 58 minutes oM seconds West (assumed bearing) along the South One of said Southeast
Quarter Section 714.53 feet to the Southeast comer of Tract II as described In Instrument No. 98-
9276. recorded In the Office of the Recorder of Hamilton County, Indiana; thence North 00
d~ 08 minutes 20 Seconds East along the East line of said described land 75.00 feet to the
North rfght~-way line of 9f1' Street as desait:Jed in Instrument No. 98-61332, recorded in Said
. recorder's offtce (the foRewIng six (6) courses are along said North right-of-way rme); 1) thence
North 89 degrees 58 minutes 36 seccnds West 113.75 feet; 2) thence South "84 degrees 18 . .
. minutes 38 seconds West 150.75 feet; 3) thence North 89 degrees 58 minutes 44 seconds West .
201.99 feet to the POI.NT OF BEGINNING; 4) thence ccntinuIng North. 89 degrees.58 minutes 44
seconds West 248.01 feet; 5) thence North 79 degrees 48 minutes 30 seconds West 254.02 feet;
6) thence North 89 c:fegr8es 58 minutes oM seconds West 10.02 feet; thence North. 00 degrees 01
minutes 18 seconds East ~ff7 feet; thence North C6 degJees 21 minutes 08 seconds East ~~'.'
32..53 feet; thence South 89 degrees 58 minutes 44 seconds East 3e8.31 feet to a non-tangenl. ": .
curve to the left having a radius 0178.00 feet. the radius paint ofwhlch bears South 89 degrees 58
minutes 44 seconds East; thence Southeasterly along said curve 101.98 feet to a point of .
compound curve having a radius of 368.00 feet. the radius paint ofwhlc:h bears North 15 degrees
OS minutes 41 secands East; thence Easterly along said curve 38.47 feet to a point of reverse
. curve having a radius of 39.00 feet. the radius paint of which bears South 09 degrees 07.minutes
18 seconds West; thence Southerly along said curve 55.15 feet to a point which bears South 89
. degr lIS 51 minutes 40 seconds East 'tom said radIUs paint; thence South 00 degrees 08 minutes
20 seconds West 450.4.8 feet to a t8ngent curve to the left having a radius of 175.00 feet, the .:
radius point afwhfcb bears South 89 degrees 51 minutes ~ seconds East; thence Southeasterly
alqng said curve 48.74 feet to a pdnt which bears SOuth 74 degretis 10 minutes 52 seconds West
from said radius paint; thence South 15 degrees 49 minutes 08 seca~s East 64.66 feet to a
tangent curve tea the right having a radius of 125.00 feet, the radius point of wJ1lch bears South 74
. degl !loSS 10 minutes 52 seconds West; thence Southerly along sald curve 34.81 feet to a point
which bears South 89 degrees 51 minutes 40 secands East frtlm said nKjlus point; thence South
00 degrees 08 minutes 20 sec=nds West 12.84 feet; thence .South 45 degrees Q8 minutes 20 .
secands West 28.34 feet 19 the POINT OF BEGINNING. containing 8.311 acres. more or less.
-----------~--------~--
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WUUU~N & mCLAU~HLIN LLY
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Exhibit D2
Land Description
Lot 2 of East 9P Street Auto Park
(Building 2)
Part of the South Half of the Southeast Quarter of Section S, Township 17 North, Range 4 East in .
Hami~cn Cauntl, Indiana. mare particularly.descnbed as faUows:. '.
-.
Commencing at the Southeast carner of the Southeast Quarter of said Section 8; thence North 89
degrees 58 minutes 44 sec:ands West (assumed bearing) along the South line at saki Southeast
Quarter Sedfon 714.53 feet to the Southeast comer of Tract II as descnbed in rnstrument No. Sa.
9276, recorded In the Office afthe Recorder afHamiltan County, Indiana; thence North 00
degrees 08 minutes 2Q seconds East along the East line of said described land 75.00 feet to the
North right-of-way line of salft Street as described In Instrument No. 98-61332. recorded In said
. recarder's office and the POINT OF BEGINNING (the foUowing three (3) courses are along said
North rtght4-way One); 1) thence North S9 degrees 58 minutes 36 seconds west 113.75 feet 2)
thence South 84 degrees 18 minutes 38 seccncfs West 150.75 feet 3) thence North 89 degrees' '
58 minutes 44 seconds West 111.99 feet; thence North 44 degrees 51 minutes 40 seconds West
. 28.23 teet; thence North 00 degrees 08 minutes 20 seconds East 12.74 feet to a tangent curve to .
the left having a rad"1US of 175.00 feet, the radius point afwhlch bears North S9 ~egrees 51 '
minutes 40 seconds West; thence Northeasterly along said curve 48.74 feet to a point which bears' '.,
North 74 degrees 10 minutes 52 seconds Eastfram said radius point; thence Ncrth 15 degrees 4B
minutes Q8 seconds west 64.86 feet to a tangent curve to the right having a radius of 125.00 feet.
the radius pcint of which bears North 74 degrees 10 minutes 52 seconds East; thence Northerty
along said curve 34.81 feet to a point which bears North 89 degrees 51 minutes 40 seconds West
tom said radius point; thence North 00 degrees 08 minutes 20 seconds East 450.63 feet to .
tangent curve to the right having a radius of 39.OQ feet, the radius point of whfch bears South 89
deQree$ 51 minutes 40 seconds East; thence Northeast8rty IIong said curve 55.06 feet to a point
of reverse cww having a radius of 388.00 feet. the radius point of which bears North 08 degrees
58 rnJnutes22 secands West; thence Northeasterly along said curve 39.1 e feet to a point at .
compound curve having a radius af18.CO feet, the raclIus point afwhich bears Narth 15 degrees
04 minutes as secands West: thence Northerly along said CUIV8 1A6.16 feet to a point which beans
North 51 degrees,34 minutes 13 seconds East from said radius P2int; thence South 89 degrees 58
minutes 44 seconds East 308.84 feet to the East line at said Tract II as descnbed in said
Instrument No. 98-61332; thence South CO degrees 08 minutes 20 seconds West along said East
One n6.~ feet to the POINT OF BEGINNING, cantalning 7.250 acres, mere or less.
. .
",
12/26/00 18:12 FAX 3176396444
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WOODEN & McLAUGHLIN LLP W
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Exhibit >>3 - Pale :1 of :1
, Land Description
Lot 3 ofEut 9"" Street Auto Park
(J1atare DeveloplDellt)
West; thence SaUtlI~rIy aIo,;g said curve 39.16 'feet to a pcIlnt of reverse curve having a radius
of 39.00 feet. the radius paint afwhich bears South 08 degrees 58 minutes 22 secancjs East:
thence Southerly along said curve 55.08 feet ta a point which bears Narth 89 degrees 51 minutes
40 seconds West from said radius point thence South CO degrees 08 minutes 20 secands West
, 460.63 feet to a tangent curve to the lei having a radius of 125.00 feet. 1118 radius point dwhich
bears South 89 degrees 51 minutes 40 secands Eastthence Soutbeasterfy aIcng said curve
34.81 feet to a pclnt whfch bears Scuth 74 degrees 10 minutes 52 seconds West from said radius
point; thence South 15 degrees 49 minutes 08 seconds East 84.68 feet to a tangent curve, to the
right. having a radius of 175.00 feet. the radius pdnt ofwhlch bears South 74 degrees 10 minutes
52 sec:ands West; thence Southerly along said curve 48.74 feet fa a point which bears South 89
degrees 51 minutes 40 seccnds East from said radius point; thence South 00 degrees 08 minutes
. 20 secancls West 12.74 feet; tltenc:e South 44 degrees 51 minutes 40 seconds East 28.23 feet to
the POINT OF BEGINNING. co~ 12.196 acres. mons or less. .
"
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S 89"44'52- E
381.52'
HaRTH LINt So 1/
5/8' REBAR VlleNt ..,
stNdPED "SDOsr F'QUM)
0,4' w. IE a.t ~
SIP: REBAR FQUNQ
2.2' W. .Ie a.r s.
5/8" REBAR w/CJI STAAlPED
~NtIOER ENG: f'CUND
ii' E. . D.2' So
P.O.a
S 89'44'52" ~
Sot 1/4-, SEC. a. T.l1N.. R.iE...../ 4'5.55'
aS633.0 SQ, FT.
2.03 ACRES
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i :it N 89'51"..0. W
:c 116.20'
N &rsa-M- W
soutH lINE, SJ:. 1/1" SEe. 8. trIM, R.4E.J
SoW. CGR.., s.t 1/4,
SEe. 8. T.I7M.. R.4E.
Ntw HARRISON IOf. f'OUHD
NO REFaIJlCE lIES
NIt snu. REJWtIN$
'3'8.J7'
FOUND stm. PUlG IN BOX
0.1' S. OF SEe. LINE
Sot caR.. s.t 1/-4.
SEC." 8. T.17N.. 1l4t.
Nt.YI HARRISON JION. fOUND
IN HDI CONe. PfI11E1B41'
FlI' HAlIII..'FCN CCIlJNlY
SURmQR REfERENCE liES
TITLE.
GREENW A Y AREA
Dole:
06-19-00
SCALE:
'.-100'
PROo.IE.CT NO:
9704-95- 2000
PAUL I. CRIPE, INC.
7172 GRAHAM ROAD
INDIANAPOlJS. INDIANA 46250
842-6777 F'AX (317) 84-1-47A~
. ARCHI'1ECTURE'
. CIVIL ENGINEERS
. lJINDSCAPE ARQilttC'I\lRE
. UND PLANNINC
. UNO SU~OAS
. ENVIRONMENTAL CONSULTANTS
. 'l'RNIISPtlRT .,lflN n,l'!fuft'C1C'