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Conn, Angelina V
Conn, Angelina V
Friday, April 13, 2007 3:17 PM
Tingley, Connie S
Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Brennan,
Kevin S; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B;
'jmolitor@prodigy.net'; Boone, Rachel M.; Stewart, Lisa M; Duncan, Gary R;
'dkauffman@nationalimagesolutions.com'
Subject: Docket No. Assignment: (V) Merchants' Square: Qdoba (#07040011-12 V) ~O
Attachments: BZA Public Notice Sign Procedure.pdf c.. G' , ~ClVl~ ~ X yes t
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I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers and fees for (V)
Merchants' Square: Qdoba. They will be the following: &; \ ~ '--\ &...Q1S ~ VI ~
Docket No. 07040011 V $1,056.00 . . \,^ rcu r<Ap\ ~
Docket No. 07040012 V $ 500.00 ~efC;Y~vf.zcr()'Z \ <.J '
Total Fees: $1,556.00
From:
Sent:
To:
Cc:
Merchants' Square: Qdoba
The applicant seeks the following development standards variance approvals:
Docket No. 07040011 V Section 25.07.02.12.B Number of window signs
Docket No. 07040012 V Section 25.07.01-04 Prohibited signs, A frame
The site is located at 2328 E 116th St. and is zoned B-8/Business within the SR 431 Overlay.
Filed by Doug Kauffman of National Image Solutions.
Petitioner, please note the following:
1. This Item does not need to appear on an agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, April 26. Published notice is required
within the Indianapolis Star. Note: the placement of a public hearing sign on the property is required; see attached pdf.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, May 18. 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, May 11. Failure to submit Informational Packets by this time will result in the automatic tabling of the
petition to the June agenda.
5. This Item will appear on the May 21, 2007 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.
Mr. Kauffman can be contacted at 508-7571 or dkauffman@nationalimagesolutions.com.
Department's Review Comments; Petitioner. please complete the following:
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 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.) Provide fill out and notarize the Affidavit (page 4 of the application).
3) Provide filled out Notice of Public Hearing (page 5 of the application).
4.) Provide filled out and notarized the Petitioner's Public Notice Affidavit (page 6 of the application).
5.) Provide filled out and notarized Public Notice Sign placement Affidavit.
6.) Please make checks payable to the City of Carmel.
7.) Provide filled out Findings of Fact Sheet (page 8 of the application); fill out one for each variance request.
8.) Only fill out the petitioner name and docket no. on the Ballot Sheets (page 7 of application); fill out one for each
4/13/2007
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variance request.
9.) Please provide a photograph of the window signs, taken from the parking lot.
10.) Please provide a photo of the A frame breakfast sign on the sidewal k.
Thank you.
Angie Conn, Planning Administrator
NATIONAL IMAGE SOLUTIONS
5295 SHILOH FALLS CARMEL, IN 46033
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APPLICATION FOR BOARD OF ZONING APPEALS ACTION! RECEIVED \
.1 APR 1 2 2007 ~j
DEVELOPMENT STANDARDS VARIANCE REQUEST . ~\ DOCS. . '{!;;l
FEE: Single Family (Primary Residence) $270.00 for the first variance, plus $83.00 for each>'additional sectio ofJhe
ordinance being varied. /501/ 11i1~ \ ~;:'/
All Other $1 ,056.00 for the first variance, plus $500.00 for each additional section of the ordinancet)eing varied.
OR see Hearing Officer Fees
DOCKET NO. {)'1.tl{ct \ \ - \1., \J
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DATE RECEIVED:
1) Applicant: Aztec Partners, LLC
Address: 9535 E. 59th St Suite A-1 Indianapolis, IN 46216
2)
Project Name: Qdoba Mexican Grill
Phone: 634-2794
Engineer/Architect:
Phone:
Attorney:
Phone:
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
XX (c) Other: The applicant is leasee of the property
4) If Item 3) (c) is checked. please complete the following:
Owner of the property involved: Merchants 450, LLC
Owner's address: PO Box 4900 Dept 365 Scottsdale, AZ 85261
Phone:
5) Record of Ownership:
Deed Book No./lnstrument No. 2007-4670
Page:
Purchase date:
6) Common address of the property involved: Merchants Square 2328 E. 116th St
Legal description:
Mcf'lumber 103100 Property number 16-10-31-00-00-013.000
Tax Map Parcel No.:
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).
Retain the three illuminated window signs per corporate trade dress, where one illuminated window sign is
::JlIowp.d pAr ~Adion ?!'i 07 0?-1? R RAt::Jin thA U!,;A of thA "A" fr::JmA hrA::Jkf::J!';t !';ign during hrA::Jkf::J!';t hour!';
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Page 1 of 8 - z:lshared\formsIBZA applicationsl Oevelopment Standards Variance Application rev. 12/29/2006
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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").
Approval of the variance will not be injurious to public health, safety, morals, or the general welfare of the community. The use and value of
the property will not be affected in a negative manner. The strict application of the Ordinance would constitute an unneccessary hardship
the applicant
9) Present zoning of the property (give exact classification): B-8
10)
Size of lot/parcel in question: 9.25 acres total development! applicant space is approximately 2400 sq.ft
acres
11) Present use of the property: Restaurant
12) Describe the proposed use of the property: Restaurant
13) Is the property: Owner occupied
Renter occupied
Other lea see occupied
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.
No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
17) If the proposed variance is granted. who will operate and/or use the proposed improvement for which this
application has been filed?
applicant
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 Communitv Services.
Page 2 of 8 - z:lshared\forms\BZA applicationsl Development Standards Variance Application rev. 12/29/2006
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April 10, 2007
Tenant
Re: Sign Pennitting
Merchants' Square
To Whom It May Concern:
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Regarding our Tenants who are filling out the Application for Sign Permitting, there was some
question as to who should be filling out and signing the sections relating to Property Ownership
Information as far as ownership is concerned, Landlord or Tenant.
Please be advised that the Tenant submitting an application is the "Owner". The Tenant's
ownership is a "leasehold interest". Ramco is the owner "in fee simple" of the entire property.
The document should be filled in by the Tenant as follows:
The name and address of the "Owner": Fill in "Tenant's legal name, d/b/a and address"
The "Owner's" interest is a ''Leasehold Interest"
Name and address of the fee simple titleholder: Ramco Fairlane LLC, c/o Ramco-Gershenson,
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The Owner of the Leasehold who has contracted for the services is the Tenant, who signs the
Notice of Commencement and other documents relating to Tenant's improvements to their space.
Sincerely,
Sandy Grysko
Property Manager
Ramco-Gershenson, Inc.
o AFFIDAVIT /I
I, being duly sworn depose and say that the foregoing sig atu es/stJte
the information herewith submitted are in all respects true and orr ct to the
undersigned, authorize the applicant to act on my behalf with re ar to lis a
testimony,
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Signed:
ents and answers herein contained and
est of my knowledge and belief, I, the
ication and subsequent hearings and
,
STATE OF INDIANA
SS:
Cou nty of
Before me the undersigned, a Notary Public
(Coun 'n which notarization take place)
for ~d;.,S.c/)
a ~bhC'S c~unty of res,dence)
(Property er, ttorney, or Power of Attorney)
instrument this e / 2~ day of
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing
(SEAL)
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Not ry PUbIiC..PI~ Print
My commission expires: ~IClAA()r~~/.J
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BZA Appeal Application - pg 4 rev. 12/29/2006
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DULY ENTERED FOR TAXATION 6-
Subject to final acceptance for transfer
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LIMITED WARRANTY DEED
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01/24/2007 03:02:20P 10 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
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TillS INDENTURE WITNESSETH, that RAMCO MERCHANTS SQUARE LLC, a
Delaware limited liability company ("Grantor") CONVEYS WITH LIMITED WARRANTY to
MERCHANTS 450 LLC, a Delaware limited liability company ("Grantee") for and in
consideration of Ten and 00/100 Dollars and other good and valuable consideration the receipt of
which is hereby acknowledged, the following described real property situated in the Township of
Clay, Hamilton County, Indiana, and more particularly described in Exhibit A attached hereto
and made a part hereof, subject to the matters set forth on Exhibit B attached hereto and made a
part hereof.
The warranty of title by Grantor is limited to a warranty against the acts of Grantor and
those claiming by, through or under Grantor during Grantor's period of ownership of the real
estate, and not otherwise.
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[SIGNATURES BEGIN ON NEXT PAGE]
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Limited Warranty Deed - Merchants 450 LLC
DETROIT.2444935.1
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IN WITNESS WHEREOF, Grantor has caused this deed to be executed this~ay of
December, 2006.
Its:
DENNIS GERSHENSON
t-'Hl::::lI Ul::N I ANU l.;t:u
STATE OF MICHIGAN )
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COUNTY OF ca\Jano.r. )
This instrument was acknowledged before me on ~~'ber '2... \, 2006, by
DENNIS GERSHENSON , who is the PRESIDENT & CEO of
Ramco Merchants Square. LLC, a Delaware limited liability company, on behalf of said limited
liability company.
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Print nam~ -k . U-' \~~
Notary Public, State of Michigan, County of macJ'Tl'>1b
My commission expires: Q - ot~ -&0 \ }
Acting in the County of Cak\~
Dr~fted by and when recorded return to:
Jill S. Schloff, Esq. .
Honigman MillerSchwartz and Cohn LLP
2290 First National Building
660 Woodward Avenue
Detroit, MI48226-3506
(313)465-7424
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WHEN RECORDED REn1RNTO:
IANDAMERlCA. NCS
1050 W1lshiro Drive, Suite 310
'lioyi MI 48084
Case No. ,tm f(S'71 ~ 4rJC l
, affIrm under penalties of perjury, that I have taken reasonable care to
S cial Security Number in this document.
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Limited Warranty Deed - Merchants 450 LLC
DETROlT.2444935.1
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EXHffiIT A
LEGAL DESCRIPTION OF REAL PROPERTY
PARCEL k
Part of the South Half of Section 31, Township 18 NOI1h. Range 4 East of 11\8 Second Pr1nelpal Merfdlan tn Clay Townshfp,
Hamnton County, Indiana. descrlbed as follows:
_ . .Caalln60clag.altl1e~txmBt..DfItJ~Iownsbfp.JA.North...Ranga.4.East;..then~aa..
degree$ 50 minutes 15 seconds &$I (S$SUmed bearing) on the Soulh Itne of seJd South Hal, 2313.00 feet thence NOfIh 00
degrees 09 mlnutes 46 seconds west 866.00 feel; lhenCe Noffh 89 degrees 50 rniwte$ 16 seconds East 41.89 feet to a
point on the Westefty line of parcel of real G$Cate conveyed to Mundy Realty, fnc. by a Warranty Deed recorded as
Inslrument Number 9709149855 in the OffIce of the Recorder of HamRton County, Indiana. said polnt belrtg efso on the
. Eastedy line of a parcel of real estate designated as I'fght..of.wayfor "AN: Way Om. In a conveyance to the City of Carmel,
Indiana, fQr Ole use and benefit of Its Department of Redevelopment, by a Umlted Warranty Deed recorded 8$ Instrument
Number 980S8287891n the OffIce of the Recorder of HamUton County, IndJapa; (the following ftve c:oI.Irses are on the
Easterly lInG of sald rfght-of-way pan;el of real estate deScrIbed In Instrument Number 980ea28189) i.} thence North 00
degreeS 16 mJnutea ao seconds West 8.62 feet to ttle Northwastarly comer of said Mundy real estate, said comer being the
PLACE OF efGINNING of the din described parcel of real estate; 2.) thence North 00 degrees 15 minutes 30 seconds
West 18.30 feet 3.) thence Nonh 15 degre8$01 minute 43 seconds Sa$t 31.38 feet; 4.) tt<<J.0C$ North 21 degrees 17
minutes 26 seconds East 235.11 feet to a point on a line that is 35.00 feet East of and parallel wlth the East line of real
estate conveyed to Hoosier Motor Club, by a Warranty Deed recorded on pages 619 and 520 of Deed Record329ln said
Recon:fn 0fIicl$; 5.) tbence North 00 degrees 09 minutes 46 seconds West on seld line 225.88 feet to the SOuthwesterly
comer of a parcel of real estate designated as "Street B" In said conveyance to tn. City of Cannel, Jndlana, by Jnstrument
Number 9809828789; (the foDowlng nine courses are on the Southerly and SOllthwestedy perimeter lines of sald "Street 6"
parcel) 1.) thence North 44 degrees 50 minutes 15 seconds East 21.21 feet; 2.) thence Norlh 89 degreas 50 mJnutes 15
seconds East 386.00 feet; 3.) thence South 67 degrees 59 minutes 16 seoonds East 38.64 feet; 4.) lhence SouU145
degrees 48 minutes 47 seconds East 149.23 feet; 5.} thence South 58 degrees, 02 minutes 27 uconds East 213.28 fe&t: t;.J
thenoe South 17 degrees 48 minutes 57 seconds East 48.70 feet; 7.) thence South 56 degt$eS 04 mtnums 13 ucondsEast
51.47 feet 8.) thence North 72 degrees 04 minutes 13 seconds East 38.14 feet; 9.) th8liC8 SOuth 58 degrees 04 minutes 13
seconds East 128.31 feet to the Southeasterly comer of said .Street S" paroel on the Scuthwester1y dght-of..way rtne of a
street knownlocaQy as Keystone Way East. as said right-of-way was dedlcated to the City ofCarrnef, Indiana. per a
document UUed "Acknowledgment of Dedication and Acceptance" recorded as lnstl'ument Number 3688 on pages 493
through 497 of Miscellaneous Record 159 In said Recorder'$ Office, said lint) belnQ.aIso tho Southwesterly line of a parcel of
land described as "Trec;t A" In a conveyance to the Clly of Carmel. Indiana, for the use and benotlt of It& Department of
Redevelopment, per 8 Limited Warranty Deed recorded ulnstnlmen1 Number 2001000600$J0 In sald Recordn Office;
thence South 34 degreN 00 mlnutes 28 seconds East on the S~ line of said "Tract N'. lit dlstanoe of 30.&3 feet to
a point on the Northerly line of real emts conveyed to MCl. Inc. by a Wammly Deed recorded on pages 213 and 214 of
Deed RecoRl300 In said Recorder's Office; thence South 89 degre&$ 50 minuteS 15 S$COnds West 1.89.07 feet to the
Norlhwest.erly comer of said MCl.,lnc. real estate; thence Sou1h 00 degrees 00 mJnutu 4S seconds Sa$t 438.06 feet;
thence South 89 degreN 50 minutes 15 seconds West 60.00 feet; thence South 00 degrees 09 minutes 45 seconds East
. 255.00 feet; tt<<J.nce South 89 degrBes 50 minutes 15 seconds West 45.00 feet: thence South 00 degrees 09 minutes 45
seconds East 57.47 feet to the Nof1heasteffy camer of a parcel of real estate deSIgnated 88 .street A-In saId conveyance to
the City of Carmel. 1ndlan8, by Instrument Number 9809828789; (the foJowlng three courses 818 on the Northerly line of said
.Street B" parcel) 1.) thence Sctlth 89 degrees 50 minutes 15 seconds West 73.00 fG8it 2.) thence North 89 degrees .36
minutes 53 seconds west 72.00 feet lD e polnt on a line lf18t is lheEasterty prglongallon of the South line of the aforesaid
reaJ ea1ate conveyed to Mundy Realty Inc. byttle aforesaid Warranty Deed rec;orcted 88 IMltument Number 9749655; 3.)
thence South 89 degrees 44 minutes 30 seconds West on said line 250.00 feet to the Southeasterly comet of said real
estato; (the following ten CCltnes are on the East8dyand Norfherly.,rnes of said .Mundy" roal estate) 1.} thence North 00
degree$15 minutes 30 ~ West 532.37 feet;~) thence South 89 degrees 44 minutes 30 seconds W8$t 54.90 feet; 3.)
thence North OOdegrees 15 minutes 30 seconds West 13.93 feet; 4.) thence South 89 degrees 44 minutes 30 seconds
West 157.25 feet; $.) thence North 00 degrees 15 mInuteS 30 seconds West 32.00 feet; 6.) thence South 89 degrees 44
minutes 30 seconds West 68.00 feet; 7.) thence NoM 00 degrees 15 minutes SO seconds West 74.19 feet; S.) thene& South
89 degrees. 44 minutes 30 seconds West 66.00 feet; 9.) thence South 00 degrees. 15 minutes 30 seconds East 66.19 feet
10.) thence SouiI 89 degrMS 44 minutes 30 seconds West 61.00 feet to the place of beginnIng at the Northwellterty comer
of satd Mundy real estate. . .
Al..SO. PARCEL B:
Pert Qf the South Half of Sectlon 31, Township 18 North, Range 4 East of 1he Second Pl'fnclpal MElrtdlan In OJay Township,
Hamilton County.lndlana, dtsorlbed u.foIIows: .
COmmencln9 at the Southwest comer of the South Half of Section 31, Towtl$hlp '18 North, Range 4 t:est thence North 89
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degrees 50 mlnufes 15 second& East (8$Sumed beating) on the South 11M of $SId South Ht!Jft 2313.00 feet; thence North 00
~ 09 minute$ 45 seconds West 45.00 feet to the Norfherty line of a parcef of reat estate conveyed to the Cltvof
Carmm. Indiana. for the use and benefit of its Department of Redevelopment, by a limited Werranly Deed recorded 8S
Instrument Number 9809828789 In the Offfce of the Recorder of Hamuton county, Indl8ne; thence North 89 degrees 50
minutes 15 seconds East on the Northerly Una of said real estate 165.34 feet to the SOutheasterly comer of reel estlt&
conveyed to the City of Cannel IndIana. for the use and benefit of Its Department of Redevelopment, by a Urnlled Warranty
Deed l'8CClfded as Instrument Number 200200053381 In said Recorder's Office, laid comer being the PLACe OF
.BEGINNlNG..of.tbe...witbla..descrlbecLpaa;elof. reeLestat&;.lbence_conUnulng.Norfh.89.degtGes..50 .mlDutes.15-secoad&..East...
on the Northerly line of said. real estate 469.68 feet to Its InlersecUon with the NOtIherly right-of-way line of 116th Street;
thence North 89 degrees 01 mJnute 00 seconds East on said rlght-of.way line 200.00 feat to a point on the Westerly line of
real estate described In a Warranly Deed recorded 8S InatMnent Number 9331038 In $SId Recorder's Offlc&; thence North
00 degrees 09 mlnutes 45 seconds West on the Westerty line of said real estate 199.63 feet to the Southeasterly comer of a
parcel of resdestate as conveyed to the City of Carmel, Indiana. for the use and benefit of lis Department of Redevelopment,
per the aforesaid LImited Warranty Deed recorded as InstnJment Number 980&828769; thence South 89 degrees 50
minutes 15seeoncls Weston the Southerly line of saki real estate $92.001eet thence South 00 degrees 09 minutes 45
seconds East on a line of said real estate 6.75 feet; thence South 89 degrees 50 minutes 1 S seconds West on the SOUtherly
line of satd real estate 170.00 feet; thence South 43 degrees 13 minutes 53 seconds West on the SOutherly line of said real
estate 18.92 feet to the Southwesterly comer of said parcel of real estate, said comer being on the easterly 11n8of a ~
of reat estate as conveyed to ltIe City of Carmel. indiana, for the use and baneflt of Ita Department of Redevelopment, per
the aforesaid Umited Warranty Deed;lhence South 00 degrees oa minutes 46 &eCOndl East on the Eestel'ly Une of $8Id reel
estate 160.00 feet; thence SO\Ith 45 degrees 09 minutes 45 seconds East on said Easterly /lne 10.25 feet to the
Northwesterly comer of saki real estate conveyed 10 lhe CIty of Carmel. Indfana by said Instrument Number 200200063381;
thence South 81 degrees 36 minutes 39 seconds East on the Northerly /lne of said real e$fate 99.20 feel to the pSaco of
beginning.
ALSO, PARCEL C:
Part of the South Half of Section 31, Township 18 North, Range 4 Estlo' the Second Pmclpal MBI'ldfan In Clay Township,
HamUfon county, Indiana, desctfbed as foUows:
Commendng at the Southwest comer of the South Half of Secfion 31, TownshIp 18 Nor1h, Range 4 East; thence North 89
degrees 50 minutes 15 seconds East (assumed bearing) on the South IJn& of $Sid Scufh Halt,2313.oo feet thence North 00
degrees 09 minutes 45 seconds West 594.00 feet; thence North 42 degrees OS mfmJtes 00 seconds W<t8t 21UJ1 feet to lhe
PLACE OF BEGINNING of the within described parcel of real estate; thence con1lnutng North 42 degrees 09 mInutes 00
seconds West 29.59 feet to a NorthealJterly oomer of md estate conveyed to FIrst indiana Fedel8f Sevfngs Bank by e
Warranty Deed recorded on page 228 of Deed Record 26S In the Offlce of Ihe Recorder of HamUton County, IndIanat thence
South 89 degrees 50 minutes 15 seconds West on the Nortlleny Ilne of seld reef estate 249.56 feet to the Northwesterly
comer of saki real estate, said comer being on a line that bears North 61 degrees 40 minutes 00 seconds West from a point
on the aforesaid line hEwing a length of 594.00 feet and bearfng North 00 degrees 09 mllnt./te$ 45 seconds West from the
point on the South Ilne of saki South Half; thence North 61 degrees 40 mlnute$ 00 seconds West 469.53 feet to the
Southerly r1ght-of.way lIne of a roadway known as Cannel Medical Drive, as sald rtg/rt.of-way was dedicated to !the City of
Cannef. IndIana, by a documenttltled -Acknowledgment of Dedleation and Acceptance- execl.lted on Oeeember 11. 1979 by
the City of Carmel, Indiana, thrOugh lis Boan:I of PublIC Works and recorded on pages 493 ttl10uQh 497 of Miscellaneous
Record 159 In said Recorders Qfffce; thence North ao degrees 09 mlrlutes 45 seconds West 26.65 feel to the centerline of
said roadway; thence North 76 degrees 56 minutes 20 seconds East on said canferl1ne 78.58 feet to the polnt of curvature of
a curve to the left, the radIus point of whIch lies 200.00 feet North 13 degrees 03 minutes 40 seconds west from safd point
of curvature; thence Northeasterly, curving to the left on said centerline, an aro distance of 110.17 feet to the Southwesterty
comer of real estate conveyed to the United States Postal SeNice by a Warranty Deed l'ElCa'ded on pages 865 and 86e of
Deed R.ecord 326 in said Recorcler's Office; thence NGrth 89 degrees 60 minutes 15 seconds Cast onthe.~ Rne of
said real estate 146.24 feet to a point that Is 258.75 feet South 89 dogrees 50 mfnutes15 ACOnds Wast from the Soulheut
comer of said real estate; thence South 00 degrees 09 minutes 45 Mcond$ East 48.00 teet; thence North 89 degrees 50
minutes 15 seconds East 258.15 feet; thence North 00 degrees 09 minutes 46 seeonds West 48.00 feet to the Soulheest
comer of said real estate, being also the Southwestedy ccrner of real estate eonveyed to the Untted States Postal Service by
8 Warranty Deed recorded as Instrument Number 8729055ln MId Recorder's Offlce; thence NotU! 89 degrees 50 minutes
15 secondS East on the South line of said real881ate87 .29 feet to a point ontheWesf8tfy line of parcel of real estate
conveyed to the City of Carmel. mdlana. for the use and b6nefJt O'f Il8 Oepartmentof Red~lopm8nt. by a LImltedWarranty
Deed recorded as Instrument Number 9809828789 In said Recorder's Offfcei thence South 15 degt'aea 01 mlnu1e 43
seconds West on saki Westerly /ir1e 62~14 feet;.lhel'lce Sooth 00 degrees 09 minutes 45 seconds East 0'1'1 sald Westerly line
328.75 feet to Ihe place of beginning.
ALSO, PARCEL 0:
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Part of the Sooth Half of Sectfon 31, Township 18 North, Range 4 East Oflhe Second Principal MerkIlan In Clay TownshIp,
Hamilton County, Indll.lna, dCf$C;ribEld as follows: . _
CommencIng at the SOUlhW$st comer of me SQuth Half Of $ectlon 31. Townsnlp 18 Norffi, ~ange 4 EaSt; thence North a9
degrees 50 minutes 15 seconds East (assumed bearing) en the$outh fine of laId South Half, 2313.00 fest; thence Norfh 00
degrees 09 mrnt.ltes 45 seconds Weet 866.00 feet; thence North 89 degreea50 minutes 16 secondS East 41.89 feet to a
poInt on the Westeriy line of ~I of reel estate conveyed to Mundy Redy. fnc. by a Warranty Deed recorded 88
Instrument Number 9749856 In the Offlce of the Recorder of Hamilton County, fndJana, tald point being also on 1he Easterly
..lJM_ofJtpQ[C~lQf~..dMl~ltrlgbl.-<t-:Ymyj~~~.IndIfftl.
. for the use and benefit of Its Department of Redevelopment, by a Umlted Warr&rlty Deed teCOtded as Instrumst Number
9809828789 In the OffIce of the Recorder of Hamiton County, Indiana; (the folfCJW1ng fiva courses ere on the Easterfy fine of
said parcel of real estate) 1.} fhsnce N 00 degrees 15 minutes 30 seconds West 8.62 fut; 2.) thence NoJth 00 degrees 15
mInUtes 30 seconds West 18.30 feet 3.) thence Not1h 15 degrees 01 minute 43 seconds East 31.38 feel; 4.) thence North
27 degteEl$ 17 minutes 26 eeconds Ea$t 235.11 feet to a polnton 8 /lna #let fa 35.00 feet Es8t of end pereJlef with the East
line of reaf estate conveyed to HooGJer Motor Club., by e Warranty Deed t8COlded on pages 619 and 520 of Deed Record
329 In said Recorder's Offfee; 5.} !hence North 00 degrees 09 minutes 45 lleCCI')ds West on saki line 285.88 feet to the
Northwesterly comer of a paroeI of real estate designated as -steet S. In said conveyance to VIe City of cannel, Indiana, by
Instrument Number 9809828789. saId comer being on the Northerly line of a parcel of real estate conveyed to Sen Mar.
LtC, by a Warranty Deed recorded as Instrument Number 9709749659 In said Recorder'll Offlce: thence North 89 degrees
50 minutes 15 second$ East on the NOI1herfy line of said "$treet S" percel, befng'also the Northerly IJM of the real estate
conveyed to Ben Mar, LlC, by Instrument Number 9709749659. a distance of 432.00 feet to thelnterlrectIon of sald line with
the Northeasterly line of said .Street B" parcel, sald Intersection being the PLACE OF BEGINNING of the within described
pamel of real estate; (the following four courses are on the Northeasterly line of said "Street s* parcel) 1.) thence South 45
degrees 48 minutes 47 seeonds EElst 142.00 reel; 2.) thence South 68 degrees 02 mInUtes 21 second$ East 247.00 feet; 3.)
thence North 68 degrees 06 minutes 46 seconds East41.89 feet: 4.) thence North 22 ~rMl21 mJhutes 21 seconds East
9.01 feet to a point on the Northwesterly prolongation of the Southwesterly rigl\k)f.way line of a street knOwn locally as
Keystone Way East. as sald right-of-way was dedicated to the Ctty of Carmel. Indiana, per I d~ent Wed
.Acknowtedgement of Oed/ea1lon and Acceptance., recorded as Instrument Number 3688 on pages 493 through 497 of
Miscellaneous Record 159 In said Recorder*s Offiee. . said point being also the SQlJthwesteny oomer of a parcel of mal estate
desJgnated as *rract C" In a conveyance to the CIty ot Carmer, Inclfana. for the use and benefll oflts. 0ep.arCment of
Redevelopment, by a Limited Warranty Deed recorded 8& Instrument Number 9809828190 In the 0f1ce of the Recorder of
Hamilton Cotmty. Indiana; thence contlnulngNorU'l 22 degrees 21 minutes 21 seconds West onl'he Westerfy line of said
*rract C. parcel 33.48 feet:: thence North 18 degrees 43 minUtes 12 secondsl:ast on the Westeny fine of said "'Tract C"
parcel 90.82 feet to a poInt en the Soulherty line of real estate conveyed to Bam8& Investment II Co.. per a Warranty Deed
recorded as Instrument NumberOOG9905538In said Reoordefs Office. sald SOUth:eriy line belng afso the Easterly
prolongation of a Norlherfy tine of the real estate canve)'8d to Ben Mar,11.C, by lnstrument Number 970074Sl659; thence
South 89 degrees 55 minutes 00 aeeondt West on the. Southeri)' line of afd "Barnes" real estate 293.37 feet to the
Southwesterly corner of saki "B$Iles- real estate on the Easterly line Of real estate conveyed to Keystone Shopping Center
Company by a Warranty Deed reCO<<fed on pages 11 and 18 of Deed Record 316 In sald Recorders Offlce; thence North 00
degrees 05 minutes 00 seconds West on the Westerly Une of said "Barnes" real eslate.belng also the Easterfy line of th$
real estate conveyed to Ben Mar, 1LC. per Instrument Number 9709749659, a distance of 89.60 feet to the Northeasterly
comer ot said "Ben Mar, LtC. rea/estate; thence South 89 degrees 50 minutes 15 seconds West on the Northedy line of
saId real estate 102.07 feet to the place of begJMlng.
ALSO, PARCEL E:
Part of the South Half of Sectlon 31, TQWn$hlp 18 North.. Range 4 East of the Second Ptlndpal Merldian In CI8y Township.
Hamilton County. Indiana, described as follows: . ..
Commencing at the Southwesf comer otthe South Haft (If Section 31, Township 18 North, Range 4 East; thence North 89
degrees 50 mInutes 15 seconds East (assumed beerlng) on the South line oflle South Half of sald Section 31, a dIsIance of
2841.20 feet; thence North 00 degrees 10 mlnutea 00 seconds West 19.00 feel; thence North 75 degrees 16 minutes 00
seconds East 103.30 feel to the Northerly right-of-way line of 1161h SIreet; thence North 89 degrees 01 minute 00 seconds
East on said right-of-way Jllle 360.00 feel; thence North 8S degrees 68 minutes 00 seconds East on said right-of-way Une
100.10 feel to Its fntetsedlon with the Weatef1y LImlted ~ Rfght..of-Way Urie of indiana sCats Road No. 431 (aIkIa
Keyatone Avenue); lhence Northedy on: sald UmftGd Accesa Rfght-of.Way Itne the foHowlng four COutl.iG8. North 44 degrees
13 minutes 00 seconds East 150.30 feet; thence North 02 degrvea 06 mfnutes 00 aecond$ East301.SO feet: thence North
OOdegree.s 41 minutes 00 seconds East on.80 feet; thence North 87 Oegreea 16 minutes 00' aeconds West 51.10 feet to
the Southeasterly comer of a parcel of real estate ~ to Ben Mar, LLC, per a Specfal Corporate Warranty Oeed
recorded as Instrument Number 200000063501 In the Offlce of the Recorder ot Hamilton County, indiana. said comer being
on the Northeasterly fine of a ncn-exclusfve Utility Easement end Rlght-of-Way line for B roadway known locally 8S Keystone
Way East, as safd r1ght-ot-waywu dedicated to the CIty. of Carmel, Indiana, per a document trUed "AcknOWledgment of
Dedication and Acceptance" recorded 8S Instrument Number 3SBa on pages 493 through 497 of Miscellaneous Record 159
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In said Recorde(s OffIce. said Ifne being also the Nor1heasterly line of 8 parcel ~land described 8S "Tract A-In 8
conveyancs to fhe City of Carmel, Indiana. for the use and benefit of Its Department~ of Redevelopment, er a Limited
arran as en ..u er In sa s ce, sa ,comer eng e
BEGINNING of the within desafbed real estate and also lying on a nOl"Hangent curve, the radius point of which Iles 325.00
feet South 59 degrees 21 minutes 50 seconds West of said comer. thence Northwesterly, curving to the left on saId Cllrve
and lhe NorfheastBtty!lne of"TractA*, an arc dlstan<:e of 19.69 feet to the point of tangency of said curve at a poInt that 18
325.00 feet North fi5 degrees 59 minutes 32 seconds East of the radius point of said curve; thence North a4degrees 00
~.)A.l$.~L\YQ$f.9uak!.fiQ!f.ll~.$tm'J1llne 54.03 fee.Ltb~llNoJ:t/1.Qe.@g(~e$Q4"mIoutetl3.Je(lOlld$.Wtit~n.
the Northeasterty line of said "Tract A* parcel. a-dlstancEl of 133.11 fee,t to a point on the Southwesterly line of the aforesaid
non-exduslVe Utility Easement and Rfght4-way Une, being common with lhe N~easterly line of a parcel of land
deslgnated .Street Blain a conveypnce tolhe City of Carmel, Indlana, for the use and benefit of Its Department of
Redevelopment. by a limited Warranty Deed recorcred as In$trUment Number 9809828789 In the Office of thl;t Recorder of
HamIlton County, Indlana; ttlence North 34 degrees 00 minutes 28 seconds West on saId common line a distance of 55.26
teet to lts Intersection wflh the Southaastarly line of a parcel of real estate desIgnated as Tract C" rn a conveyance to the CIty
of Carmel. Indiana, for Ihe use and benefit of Its Department of Redevelopment. by a unIted Warranty Deed recorded as
Instrument Number 9809828790 In said Recorder's Office: thence North 22 degrees 21 minutes 21 $GOOnds West on Itte
said Southeasterly line of safd "Tract C" parcel and the Northeasterly prolongat/on'1hereof. being the Southeasterly tine of a
pen;el of real estate designated as "Tract O.ln safd conveyance to the City of Cannel, indiana, a totsI distance of 119.92
feet; thence North 14 degrees 44 mlnutes09 seconds East on the Southeasterly line of said "T~t 0" percel53.14 feet to Its
intersection with ttle Easterly line of a non-exduslve easement and rfghtwof-way for 8 roadway known locally as Keystone
Way, bmg alsb the Easterly line of the aforesaid "Tract C. parcel of land, said line being on curvet, the radius point ofwtlk;h
lies 174.10 feel North 76 degrees 15 minutes 51 seconds West from Intersection; thence Northeasterly, curving to ttle /eft on
said Easterly line, an arc d1stance of 19.94 feet to the Northerly line of real estate conveyed to Ben Mar, LLC by the above
referenced Special corporate Warramy Oeed recorded as Instrument Number 20000Q063501. thence North B9 degreea 65
minutes 00 seconds East on saId common Una 189.89 feet to the aforesaid W~tedy Umlted Acceu Right-of-Way Una of
Indiana State Road No. 431; (the followfng four courses are on the Wesler/y Umlted Aoceu Right..of-Wey LIne of indiana
state Road No. 431) thence.South 03 degrees 43 minutes 00 seconds West 135.48 feet; 2.) thence South 03 degrees 07
mlnul.6s 00 seconds West 130.60 feet :3.) thence Norttl 86 degrees 5& minutes 00 seconds West 50_00 feet 4.) thence
South 02 degrees 53 minutes 00 seconds West 100.80 feet to the place of beglnVlng.
AlSO PARCEL F:
Sign Easement for the benefit of Parcel I as set forth In an easement reoon:led Mard'l5. 1974 in Deed Recon:I272, page 3e9
. a8 Instrument No. 1765. .
ALSO PARCEL G:
Easements for access, parking, utllltfe& and service bel'lefitllngthe fnsare real estate as described in a cedaln. Easements
with Covenants and Restrfdklna AffectIng Land dated November 13, 1997 and recorded November 17, 1997 as Instrument
No. 9149680.
ALSO PARCEL H:
Access Easement Agreement dated June 16,1998 and recorded January 16. 2OP4 as Instrument No. 200400003892.
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MARKETDEMOGRAPffiCS
Population
Income Households
1 Mile radius
3 Mile radius
5 Mile radius
8,450
58,974
140,666
$98,862
$97,039
$99,622
3,199
22,194
53,352
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