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Conn, Angelina V
From: Conn, Angelina V
Sent: Wednesday, October 11, 2006 2:33 PM
To: Tingley, Connie S
Cc: Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B;
Brennan, Kevin S; Griffin, Matt L; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N;
Holmes, Christine B; Blanchard, Jim E; 'jmolitor@prodigy.net'; Duncan, Gary R;
'skarimi@indy.rr.com'
Subject: Docket No. Assignment: (V) Monon & Main, Unit 2B (#06100010-11 V)
Attachments: BZA Public Notice Sign Procedure.pdf
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (V) Monon
& Main, Unit 2B. They will be the following:
Total Fee:
$267.00
$267.00
$534.00
Docket No. 06100010 V
Docket No. 06100011 V
Monon & Main, Unit 2B
The applicant seeks the following development standards variance approvals:
Docket No. 06100010 V Section 15.26 of PUD Z-462-Q4 non-residential uses on 2nd & 3rd floors
Docket No. 06100011 V Section 2.13.B of PUD Z-462-04 2-car garage requirement
The site is located northeast of Third Ave NW and Main St., and is zoned PUD/Planned Unit Development. Filed
by Susan Karimi.
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Petitioner, please note the following:
1. This Item will not be on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, November 2. Published
notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property
is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdt).
3. The Proof of Notice will need to be received by this Department no later than noon, Wednesday,
November 22 (City offices are closed Nov. 23-24). Failure to submit Proof of Notice by this time will result in the
tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON. Friday, November 17. Failure to submit Informational Packets by this time will result in
the automatic tabling of the petition to the December agenda of the BZA.
5. This Item will appear on the November 27,2006 agenda of the Board of Zoning Appeals under Public
Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of
the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date
(Sheet 7). Ballot sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Ms. Karimi can be contacted at 317-345-6960 (phone) or email: skarimi@indy.rr.com
Department's Review Comments; petitioner, please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send
the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-7163 or
email: publicnotices@indystar.com).
2.) Please make checks payable to the City of Carmel.
3.) Provide filled out and notarized Petitioner's Public Notice Affidavit (page 6 of the application).
4.) Please provide filled out and notarized placement of public notice sign affidavit.
5.) Please note that your Special Warranty Deed has an error: in the first paragraph, it states that the property is
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within Marion, rather than Hamilton County.
6.) Please provide a copy of the official list of adjacent properties from the Hamilton County Auditor's Office.
7.) Please provide the following details about the proposed uses: parking breakdown, number of employees,
hours of operation, proposed floor plan/layout, number of clients per day, etc. The more detailed you are, the
better.
8.) Please note: if you can configure the garage area, so that two cars can still be pulled into the garage, one right
behind the other, then the 2nd variance request can be withdrawn.
9. It may be beneficial to contact Les aids, Director of the Redevelopment Commission, to discuss parking areas
in the immediate area of your site. He can be reached at 317-571-2492 or lolds@carmel.in.Qov.
Thank you.
Angie Conn, Planning Administrator
10/11/2006
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APPLICATION FOR BOARD OF ZONING APPEALS ACTION . ~~ ,.
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FEE: Single Family (Primary Residence) $267.00 for the first variance, plus $80.00 for each additional section ~9Hhe
ordinance being varied. ' '-- -,'
All Other $1,016.00 for the first variance, plus $481.00 for each additional section of the ordinance being varied.
OR see Hearing Officer Fees
DOCKET NO. Olo\OOO \0 - \ I V DATE RECEIVED:
C ../.' ~6Y\P 4r (3/7 )3q5'~9&'O
1) Applicant: \...-) u...S 0 Yl --r K a 'f' I fYI I F~R . ~\< a r trn ; g I Yl ~.. rY'.. Col'lj
Address:J;;2.0 lC)Z Aubul""Y> e'r~< ;<"nd 2/()wv.l//~ /fI/ cf6n77
Project Name: _~On()Y'J t1>7d ./#(7/;' ]U",l~ Phone: (3J7) 5~S-- r:YJo..s-
, '2.13
Engineer/Architect: GVYJ<;/-rO- Br.///d.e ;5 Phone: (.317) 5CJS- l)90S-
U CITY OF CARMEL - CLAY TOWNSHIP 0
HAMILTON COUNTY, INDIANA
DEVELOPMENT STANDARDS VARIANCE REQUEST
2)
Attorney:
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
Phone:
)( (b) The applicant is the contract purchaser of the property
(c) Other:
~~ 4)
If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
5) Record of Ownership: A(YI()/} and ~aln; LLL
Deed Book No.llnstrument No. ;Z 0 D F; 0 Q t'l 5' ~ (p 0
Page: Purchase date: t8, ~ 0, 05
6) Common addressofthe property involved: #- 73 ~o '('d u kQ. Av~ CUVrYI~ IfJ
_.A..! Ii A...JI '00 J\ a- YW'032
Legal description: S 0. a CUL..J. 0 (' ~ !:j - - 0...:
Tax Map Parcel No.: S ~o Cl~ll(\k..()d.~ r&~oc9- \lo ~'€l2~D20s01'l.01lJ
Phone:
7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section
number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request).
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Page 1 of 8 - z:lsharedlfonnslBZA appllcaUons\ Development Standards Variance ApplicaUon rev. 0110312006
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
~.;J.B (<OJ) qJ.frdludLo(a/t()'n'IYl~ /aCPLL.A{Qlij ':!i/. onJ. =?r"'/ !+VQ.A/f/'J
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9) Present zoning of the property (give exact classification): Cl. n iJ)?tPl} '~#r)tt
10) Size of lot/parcel in question: .:s t2J2. Cl. -\-( U ~ Q c (r..J..\ a.n. G(;v\~acres
11) Present use of the property: p.l. S " ~41 rJ / L \ '\A4. - Wo r k-.-
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12) Describetheproposeduseoftheproperty:1O run tt /::)Cls/nt'SS 0 I- D ~ w. Ui,c~
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OVltc!lo,t'.A.UVm .:;:tr ~ CCU>(j ou.:l_
13) Is the property: Owner occupied
Renter occupied
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14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this
property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket
number, decision rendered and pertinent explanation.
2..0. f::-
:2 -402:-olf
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: /J /J1/1f2- B) c> e ym ,:J- # 0 ~ 0 ~ 02./-s
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Builder: (J ~(1 J.1 ~ -!-"CA- 8 q / I do y S
16) If proposed appeal is granted, when will the work commence?
,-.J A c::J ..J ~2 0 0 7
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
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NOTE: LEGAL NOTICE shall be published in the Indianaoolis Star a MANDATORY twenty-five (25) days prior to the
public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the
night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt
should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.)
2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting
property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was
completed)
REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers will not be assianed until all suooortina information has been submitted to
the Deoartment of Community Services.
Page 2 of 8 - z:lshared\forms\BZA applications\ Development Standards Variance Application rev. 0110312006
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AFFIDAVIT
I, hereby swear that I am the owner/contract purchaser of property involved in this application and that the foregoing
signatures, statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
~ q ;1.80
ower of Attorney) Date
OlLS'ah ~
(Please Print)
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STATE OF INDIANA
SS:
County of
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(County in which notarization takes place)
Before me the undersigned, a Notary Public
for
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(Notary Public's county of residence)
County, State of Indiana, personally appeared
SUSAN. T KAR\\V\ \
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument this
a ~h day of
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Page 4 of 8 - z:1shared\forms\BZA applicaUons\ Development Standards Variance Application rev. 0110312006
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CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
FINDINGS OF FACT. DEVELOPMENT STANDARDS VARIANCE
1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the
community because:
t:hd !5l/t5;/f?P55 IA/II/ ~ r?on,../uc.A,d ~.~ Qt~ Jr d r-,~ C~
fJu4tl~ /lJr & 'Lf\J ,~-r.... board a~ /*<:<H.A
c..4~U (/I./) ~N I3(A~(1h( ~ k~ ~.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
J1, ",' ~ 2ALJ I/V/;/ od" -z:; -r,k ab..a...t;"o 1,/ :)11 o,c :f-A.....
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3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
/1uvt f) (/) a j'?hcl ~ yo tAA.P (f. -h..., CAJ'#'O/-D h ~11;~~~ ~ r
(!~rJ".(~ti ~ r')/Jd.~ ~f-l4./J-7.04.# r/c-f ?'~/ ~r~tfir.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance
Docket No. is granted, subject to any conditions stated in the minutes of this .
Board, which are incorporated herein by reference and made a part hereof.
Adopted this
day of
,20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back. (Petitioner or his representative to sign).
Page 8 of 8 - z:\sharedlfonns\BZA applications\ Development Standanls Variance Application rev. 0110312006
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19. Dwelling. A room or combination of rooms which may be designed for year-round
habitation, containing a bathroom and kitchen facilities, which may be designed for
andlor used as a permanent residence by at least one person. See also "Attached
Dwelling" and "LiveIW ork Dwelling."
20. Facade. A building face or wall.
21. Floor. See definition of Story.
22. Material Alteration: Any change to an approved plan of any type that involves the
substitution of one material, species, element, etc. for another.
23. Minor Alteration: Any change to an approved plan of any type that involves the
revision of less than ten percent (100.4) of the plan's total area or approved
materials.
24. Landscape Plan. The general design for landscaping in the District depicted on the
Development Plan or on a plan or drawing submitted to the Department.
25. LandsclUling. Trees, shrubs, hedges, flowers ground covers grasses, other plant
materials and associated structures and improvements.
. A type of Attached Dwelling in which the uses permitted in
e nmary Area are permitted in the LiveIWork Dwelling p~t to Section 2 of
this Ordinance: Th~~of~y LiveIW?rk ~elling may be utilized
for the non-resldenti~uiiiITo Section 2 of this Ordinance.
27. Marketin~ Sign. A temporary sign which advertises the sale, rental or development
of the premises upon which it is located.
28. Mixed Use. The combination of both commercial and residential uses within a
single building of two or more stories.
29. Modification. A change to the Development Requirements approved pursuant to
Section 13.
30. Ollen Space. A land surface within the Development intended to enhance the use
and enjoyment of residents of the Development, where designated, the community
at large. Grass and landscaped areas, hardscape materials, paths and sidewalks may
be included in the required area calculations.
31. Owners' Association. An Indiana nonprofit corporation established for the
promotion of the health, safety and welfare of the residents of Monon &. Main, and
to manage, maintain, and repair the common areas within the Real Estate and any
improvements located thereon.
32. Pilaster. A column partially embedded in a wall.
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G. Retractable or fixed fabric awnings are allowed, but these shall fit within
the storefront glass area and may not obscure details of the building.
Awnings may only be supported with building-mounted hardware.
H. Individual tenants should strive for a unique graphic image, rather than be
required to conform to a single graphic style for the whole building.
I. Portable signs or displays of merchandise within the street right-of-way,
sidewalk or the front setback of the building shall not be allowed.
J. Graphics painted on the sides of buildings that are essentially commercial
in character or describe activities in the adjacent building shall be
considered "signs". Graphics painted on the sides of buildings are
otherwise permitted but shall be reviewed for conformance with this
regulation.
2.13. Parking and Loading Reauirements.
.pH.
A.
Parking lots shall be located in the rear of the building only.
C.
D.
Any Townhome located in the Primary Area shall contain a minimum of a
two (2) car garage. Any LiveIWork Dwelling located in a Primary Area
shall contain a minimum of a two (2) car garage. Additional parking for
the Live/Work Dwellings shall be provided for by inclusion of twenty four
(24) on-street parking spaces, as is depicted on the Development Plan.
On-street parking may be used to fulfill parking requirements.
Parking requirements may be reduced if businesses with substantially
different peak hour requirements agree to share parking. A petition shall
be filed with the application indicating the terms of agreement of parties to
a shared parking arrangement.
E.
While existing curb cuts may be maintained, no new curb cuts are allowed
on Main Street, and no parking lots or loading areas may front on Main
Street.
F.
Screened loading and trash areas shall be provided for all businesses at the
rear of the building.
Section 3 Permitted Uses and Development Requirements for Secondary Area. This
Secondary Area will balance the pedestrian commercial activity in the Old Town District with
multi-family residences. All new construction, alterations and additions to buildings located in
the Secondary Area shall occur according to the following guidelines:
3.1. Use. Permitted Uses in the Secondary Area include:
A. Multi-family residential uses, including Attached Dwellings
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H~"fLTOH CDUNfV. IHDIAHA
JENNIFER J HAYOEN
08-30-2005 At 02~50 P~.
SP WAR DEED 22.00
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DULY ENTEm:.D FOR TAXATION JlAJ
Subject ~ fi~a~ binsler
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SPECIAL WARRANTY DEED
THIS INDENTURE WITNESSETH, that Cannel Monon. LLC (Grantor) CONVEYS
AND WARRANTS to Monon & Main, LLC ("Grantee") for the sum. ofTen Dollars ($10.00)
and other valuable consideration, the receipt and sufficiency ofwhkh are hereby acknowledged.
the real estate in @on Couni,( in the State of Indiana and more particularly described in
Exhibit A attached hereto and by reference made a part hereof (the ""Real Estate").
This conveyance is subject to non-delinquent real estate taxes, covenants, conditions~
easements, agreements highways, and restrictions of record
Grantor, as its sole warranty of title hereunder, cov~nants only against lawful claims of
all persons claiming by, through or under Grantor, but not otherwise.
The undersigned hereby warrants and represents that he is authorized to execute this
speciaJ warrant). deed on behalf of the Grantor,
IN WITNESS WHEREOF, Grantor has caused this special walTanty deed to be
executed this ~y of ~ 2005.
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Before me, 8 Notary Public in and for said COWlty and State, personally appeared Tadd MiJIer,
as authorized member of Cannel Monon, LtC who acknowledged the execution of the
foregoing.
Witness m hand and No isl Seal, this 1.~ day of .J';.1 ,,~J.. . 2005.
Public - Signature
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Notary Public - Printed
My Commission Expires:
My County of Residence:
Monon & Main, LLC
8383 Craig Stn:et, Suite 100
Indianapolis, IN 46250
Stephen A. Backer
Backer & Backer, P.C.
8710 N. Meridian Street
Indianapolis, IN 46260
This instrument was prepared by RichardJ. Dick, Attorney at Law, P.O. Box 44911,
Indianapolis, IN 46244-0911.
Send Tax Statements to:
And Return Deed to:
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CASE NO. 050703955
EXHIBIT A - LEGAL DESCRIPTION
Tract 1:
A part of the East Half of the Northeast Quarter of Section 25,
Township 18 North, Range 3 East, described as follows:
Beginning 69' rods 4 feet 6 inches West of the Southeast corner
of said Quarter section, run thence North 18 rods 7 feet,
thence West 10 rods, thence South 18 rods 7 feet, thence East
10 rods to the ~lace of beginning, the same being located in
the Town (now C1ty) of Carmel, Hamilton County, Indiana,
containing 1.15 acres, more or less.
Tract 2:
Part of the East Half of the Northeast Quarter of Section
Twenty-Five (25), Township Eighteen (18) North, Range Three (3)
('" East, described as follows:
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Begin 51 rods and 14 feet West of the Southeast corner of said
Quarter Section and run North 18 rods and 7 feet, thence West
15 rods and 10 feet, thence South 18 rods and 7 feet, thence
East 15 rods and 10 ~eet to the place of beginning, in Hamilton
County, Indiana, containing 1.80 acres, more or less.
Tract ,3:
A part of the Southwest Quarter of the Northeast Quarter of
Section 25, Township 18 North, Range 3 East in Hamilton County,
Indiana, more particularly described as follows:
Begin at the Southeast corner of the Southwest Quarter of the
Northeast Quarter of said Section 25, and run thence North on
the East line of said Quarter Quarter section 30? feet; thence
West parallel with the South line of said Quarter Section
A12.83 feet; thence South parallel with said East line, 307
feet to the South line of said Quarter Section; thence East on
said South line 212.83 feet to the place of beginning,
containing 1.50 acres, more or less.
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EXHIBIT A - CONTID
EXCEPT therefrom those parts conveyed to the City of Carmel,
Indiana, by an instrument titled "Dedication & Deed of Public
Right-of-Way" recorded April 18, 2005 as Instrument No.
200500022613 in the Office of the Recorder of Hamilton County,
Indiana, to-wit a
DEDICATION OF RIGHT-OF-WAY FOR MAIN STREET &
A part of the Northeast Quarter of Section 25, Township 18
North, Range 3 Bast of the Second Principal Meridian, in Clay
Township, Hamilton County, Indiana, more particularly described
as followsr
commencing at the southeast corner of said quarter section;
thence South 89 degrees 50 minutes 08 seconds West (assumed
bearing per survey by Weihe Engineers, Inc. Job No. W040314
dated May 18, 2004) along the south line of said quarter
section 856.74 feet (per said Weihe survey) to the southeast
corner of a tract of land described in Instrument No. 9110652
(Tract IlA") in the Recorderls Office of said Hamilton County
and the Point of Beginning of this description; thence
continuing South 89 degrees 50 minutes 08 seconds West along
said south line 665.33 feet to the southwest corner of a tract
of land described in DR 176, page 220 (Tract "BII) in said
Recorder'S Office; thence parallel with the west line of said
half-quarter section North 00 degrees 47 minutes 02 seconds
East along the west line of said Tract "B" 35.00 feet; thence
parallel with said south line North 89 degrees 50 minutes 08
seconds East 135.7 feet to a paint on a nonwtangent curve
having a radius of 70.00 feet, the radius point of which bears
South 60 degrees 09 minutes 52 seconds East; thence
northeasterly, easterly, and southeasterly along said curve an
arc distance of 146.61 feet to a point beari~ North 59 degrees
SO minutes 08 seconds Bast from the radius p01ntr thence
parallel with the south line of said quarter section North 89
degrees 50 minutes 09 seconds East 408.31 feet to the east line
of said Tract "All; thence South 00 degrees 47 minutes 02
seconds West along said east line 35.00 feet to the point of
beginning, containing 0.604 acre, more or less.
AND:
DEDICATION FOR REVISED 3rd AVENUE NORTHWEST BETWEEN MAIN STREET
AND 1st STREET:
A part of the Northeast Quarter of Section 25, Township 18
North, Range 3 East of the Second principal Meridian, in Clay
Township, Hamilton County, Indiana, more particularly described
as folloWSt
Commencing at the Boutheast corner of said quarter section;
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EXHIBIT A - CONT'D
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thence South 89 degrees 50 minutes 08 seconds West (assumed
bearing per survey by Weihe Engineers, Inc. Job No. W040314
dateQ May 18, 2004) along the south line of said quarter
section 1067.00 feet to the point of beginning of this
description; thence continuing South 89 degrees SO minutes 08
seconds West along said s.outh line 44.00 feetr thence North 00
degrees 47 minutes 02 seconds Bast 81.61 feet1 thence North 1~
degrees 27 minutes 46 seconds West 180.72 feet; thence North 00
degrees 47 minutes 02 seconds East 45.79 feet to the north line
of a tract of land described in DR 176, page 2~O, in the
Recorder's Office of said Hamilton County; thence North 89
degrees 50 minutes 08 seconds East along said north line and its
extension and along the north line of the tract of land
described in Instr. No. 9~10652 in said Recorder's Office 44.00
feet; thence South 00 degrees 47 minutes 02 seconds West 41.40
feet; thence South 12 degrees 27 minutes 46 seconds Bast 180.72
feet; thence South 00 degrees 47 minutes 02 seconds West 85.99
feet to the point of beginning, containing 0.311 acre, more or
less.
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