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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING
ORDINANCE
- REZONE APPLICATION -
$802.00 plus $107.00 per acre
(PUD $2595.00, plus $107.00 per acre)
Date:
Docket No.:
. Name of Owner: 1) Justin W. Moffett
Phone No.: (317) 966 - 2023
Fax No.: (317) 580 - 9596
N/A
N/A
2) Eric and Kimberly Moffett
3) Scott and Tamara Wilson
. Owner's Address:
1) Justin Moffett, 135 8th St. NW, Cannel, IN 46032
2) Eric and Kimberly Moffett, 610 1st Ave. NW, Cannel, IN 46032
3) Scott and Tamara Wilson, 1034 Nevelle Lane, Carmel, IN 46032
o Contact Person Name and Company: Uptown Partners, LLC, Justin Moffett (member)
Phone: (317) 966 - 2023 Fax: (317) 966 - 2023 E-mail: justinmoffett@aol.com
o Contact Person Address: 135 8th Street NW, Carmel, IN 46032
o Record of Ownership: See Exhibit "A"
· Legal Description: See Exhibit "B"
o Common Address of Property Involved: 740, 750, 760, & 780 1 st Ave. NW, Cannel, IN 46032
and 121, 131, & 135 8th Street NW, Cannel, IN 46032.
· Tax Parcel ill Nos.: 1609250801006.000 (740), 1609250801 005.000 (750), 16092508
01 004.000 (760), 516 09 250801 003.000 (780), 1609250801 002.000 (121), 1609250801
001.000 (131), 1609250801007.000 (131), and 1609250801001.001 (135).-0
-006.000
. Proposed Zoning Change: From the R~2 District to the Cobblestone Commons pun District, for
the property shown outlined in red on the map attached hereto, which is made a part of this
petition.
· Statement of compliance with the Cannel/Clay Comprehensive Plan: See Exhibit "C
Revised 0 1/06/2006
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AFFIDAVIT
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(IIWe), being duly sworn, depose and say that (IIWe) (amlare) the (owner(s)) of Fifty Percent (50%) or
more of the 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 or our) knowledge and belief.
* See Owner Consents
The applicant, correspondent, or agent (if different from owner or owners)
Uptown Partners, LLC
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Narne~V. -. - Name
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Telephone 3/7 _ ?'j&' ~ )d)..2 Telephone
Date (6/)6/()';
Date
State of Indiana
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COWltyof f/Qj41?I/~;;f
Before me the undersigned, a Notary Public for
State of Indiana, personally appeared J v 5/;;"
the execution of the foregoing instrument this
2006.
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11-1J./;;f~
t.. 0 f7. day
My commission expires:
John M. Heftcm
Notary PubHc, State of Indiana
~amilton County
My Commission Expires 02/0112013
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Exhibit "B'~ Cobblestone Commons Rezone Application
Composite Perimeter Description
Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East of the Second
Principal Meridian in Clay Township of Hamilton County, Indiana.
Commencing at the Northeast corner of the Northeast Quarter of said Section 25; thence South
88 degrees 54 minutes 52 seconds West along the north line of said quarter section 413.00 feet;
to the POlNT OF BEGINNING of the following described real estate:
thence South 00 degrees 07 minutes 46 seconds West parallel with the east line of said quarter
section and along the northerly prolongation of the west right-of-way line of 1 st Avenue NW and
along said right-of-way line a distance of305.80 feet; thence South 88 degrees 54 minutes 52
seconds West 364.70 feet to the southeast corner of Instrument 98-40862 as found in the Office
of the Recorder of Hamilton County, Indiana, said point being on the east right-of-way line of
the Monon Trail; thence North 01 degrees 20 minutes 01 seconds West along the east line of said
instrument and right-of-way line 131.95 feet to the southeast corner of Instrument 99-09339;
thence continuing North 01 degrees 44 minutes 35 seconds West along the east line of
Instrument 99-09339 and right-of-way of the Manon Trui1173. 78 feet to the northeast comer
thereof, being on the north line of said quarter section; thence North 88 degrees 54 minutes 52
seconds East along said north line 373.75 feet to the POINT OF BEGINNING.
Containing 2.590 acres, more or less.
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Exhibit "c"
CO~REHENS~PLANSTATEMENT
The real estate that is the subject of the rezone request is currently zoned R-2 and the
Petitioner is seeking to reclassify the real estate to a Planned Unit Development District to permit
a single family detached, semi~custom home subdivision. The Comprehensive Plan Map appears
to designate the real estate as low-intensity residential - as most of the properties east of
Meridian Street are designated. However, the Comprehensive Plan Map also appears to
designate the real estate as an Edge between Residential Community and CommunitylRegional
Employment Areas.
Further, the area immediately north of and adjacent to the real estate was recently
rezoned to a Planned Unit Development District known as the "Traditions on the Monon" which
permits a residential townhome development and the area west of and adjacent to the real estate
was recently rezoned to a Planned Unit Development District known as "Village Green" which
also permits a residential townhome development. Consequently, the areas immediately
surrounding the real estate have been rezoned to permit more dense residential development.
Unlike the Traditions on the Monon community and Village Green community, the development
proposed by this rezone would permit single family detached, semi-custom homes.
The Petitioner's request to reclassify the real estate to a residential PUD to permit a
single family detached, semi~custom subdivision is not inconsistent with the uses which are
currently adjacent to and surrounding the real estate. Moreover, based on the current conditions
and uses that surround the real estate, the Petitioner's request provides an appropriate transition
to the townhome developments that are adjacent to the real estate and the rezone request is not
necessarily inconsistent with the Comprehensive Plan.
H:\becky\UptownPartners\Comp plan soot.doc
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Date
DOCKET NO.:
APPLICATION for ARCmTECTURAL DESIGN. LIGHTING. aDd SIGNAGE
FEE: $802.00
(Plus $]07.00 per acre when NOT accompanied by a Development Plan)
Name of Project: Cobblestone Commons
Address: Southwest comer of 1 st A venue NW and Smokey Row Road.
Type of Project: Detached Semi-Custom Single Family Residential
Applicant: Uptown Partners, LLC.
Phone No. (317) 966 - 2023
Contact Person: Justin W. Moffett
Phone No. (317) 966 - 2023
Fax No. (317) 580 -9596
.
Address: 135 8th Street NW. Cannel, IN 46032
Legal Description: Exhibit "A"
Area (in acres): 2.61 Zoning: R-2
Owner of Real Estate; Justin W. Moffett, Eric and Kimberly Moffett, Scott and Tamara Wilson
Carmel: Yes
Clay Township: No
Annexation; Yes
Other Approvals Needed: Rewne approval to PUD district.
PARKING
No. of Spaces Provided: See attached plans.
No. Spaces Required: N/A
DESIGN INFORMATION
Type of Building; Detached Single Family Home
No. of Buildings: Twenty-four (24)
Square Footage: 1800 Minimum Height: 30' at midpoint of cornice and ridgeline No. of Stories; Two (2)
Exterior Materials: Primary- Cement Siding and Secondary- Masonry
Maximum No. of Tenants: N/A Type of Uses: Residential
Water by: Carmel Utilities Sewer by: Cannel Utilities
Z:\sharcd\forms\PC application\adlsapp.doe
10113/06
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Type of Fixture:
LIGHTING
(See attached plans)
Height of Fixture:
No. of Fixtures:
Additional Lighting:
'" Plans to be submitted showingfoot candle spread at property lines, per Ordinance.
SIGNAGE
(See attached plans)
No. of Signs: One (1)
Type of Signs: Entry Monument
Location(s): North side of entry at comer of 1st Ave NW and 71b Street NW
Dimensions of each sign: 4' x 6' Maximum
Square Footage of each sign: 24' Squared Maximum
Total Height of each sign: 8'
LANDSCAPING
* Plans to be submitted showing plans types, sizes, and locations.
*****************************************************'"***"'***************************
I, the undersigned. to the best of my knowledge an belief, submit the above information as true and
correct.
- Me~1x r
{oIJ.%'
Date
**"'*"'********************************************************************************
State of Indiana,
S8:
County of IIQp/ I' I/-.;vt
Before me the undersigned, a Notary Public for Ht;'<M1' '/ h A
State of Indiana, personally appeared Jvsf-,'", flu fir- f+
County.
and acknowledged the
execution for the foregoing instrument this
2014
day of Oc.fober ,2006.
~~
N#y Public /
My Commission Expires:
2 / (), /'LO '3
.
John M. Helton
NotIry Public, State of Indiana
Hamilton County
My Commission Expires 02/01/2013
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"Exhibit A" to Cobblestone Commons ADLS Application
Composite Perimeter Description
Part of the NortheastQuarter of Section 25, Township 1 g North, Range 3 East of the Second
Principal Meridian in Clay Township of Hamilton County, Indiana.
Commencing at the Northeast comer of the Northeast Quarter of said Section 25; thence South
88 degrees 54 minutes 52 seconds West along the north line of said quarter section 413.00 feet;
to the POINT OF BEGINNING of the following described real estate:
thence South 00 degrees 07 minutes 46 seconds West parallel with the east line of said quarter
section and along the northerly prolongation of the west right-of-way line of 1 st Avenue NW and
along said right-of-way line a distance of 305.80 feet; thence South 88 degrees 54 minutes 52
seconds West 364.70 feet to the southeast comer of Instrument 98-40862 as found in the Office
of the Recorder of Hamilton County, Indiana, said point being on the east right-of-way line of
the Monon Trail; thence North 01 degrees 20 minutes 01 seconds West along the east line of said
instrument and right-of-way line 131.95 feet to the southeast comer of Instrument 99-09339;
thence continuing North 01 degrees 44 minutes 35 seconds West along the east line of
Instrument 99-09339 and right-of-way of the Manon Trail 173.78 feet to the northeast comer
thereof, being on the north line of said quarter section; thence North 88 degrees 54 minutes 52
seconds East along said north line 373.75 feet to the POINT OF BEGINNING.
Containing 2.590 acres, more or less.
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
A TTORNEYS AT LAW
JAMES 1. NELSON
CHARLESD.FRANKENBERGER
JAMES E. SHINA VER
LARRY J. KEMPER
JOHN B. FLA IT
OF COUNSEL
JANE B. MERRILL
3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
www.nf-Iaw.com
October 20, 2006
Matt Griffin
City of Cannel - Department of Community Services
One Civic Square
Cannel, IN 46032
Re: Uptown Partners, LLC
Cobblestone Commons
Rezone and ADLS Applications
Dear Matt:
Enclosed please find the following:
1. An original and one (1) copy of an Rezone Applciation;
2. Two (2) copies of the proposed PUD Ordinance;
3. An original and one (1) copy of an ADLS Application;
4. Two (2) sets of plans and drawings for the Rezone and ADLS Applications; and,
5. An original and one (1) copy of all Owner Consents.
Please assign dockets numbers to these matters and provide to me the required filing fee. This
matter should be placed on the 11115 TAC meeting agenda and the 12/19 Plan Commission
agenda. Thank you for your assistance in this matter and contact me with any questions.
Very truly yours,
Enclosures
H \becky/uptownpartrlers/griffin 1 020061tr
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Scott M. Wilson and Tamara Defauw Wilson Consent
OWNER'S CONSENT AND JOINDER INPETITIONS
The undersigned, being the owner of a portion of the real estate described in what is
attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby
authorizes and directs UptO"'ffi Partners, LLC, an Indiana limited liability company ("Uptown"),
along with its employees, engineers, land planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Uptown with respect to the Real
Estate including, without limitation: (i) rezone approval to a Planned Unit Development
District (hereafter "Rezone Application"); (ii) development plan approval per the terms
of the Rezone Application and the Zoning Ordinance for the City of Carmel (hereafter
"DP Application"); (iii) architectural design, lighting, landscaping and signage approval
per the terms of the Rezone Application and the Zoning Ordinance for the City of Carmel
(hereafter "ADLS Application"); and, (iv) any zoning waiver approvals and/or variances
pursuant to the Rezone Application and the Zoning Ordinance for the City of Carmel
(hereafter "WaiverNariance Application") deemed necessary by Uptown to further
develop the Real Estate per the terms of the Rezone Application, DP Application, ADLS
Application, and/or WaiverNariance Application (collectively referred to herein as the
"Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, the City of Carmel Common Council, and any other municipal bodies
or agencies, and to represent the undersigned in connection with all applications and
petitions deemed necessary by Uptown to obtain the Approvals.
Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledges
that this Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Uptown, now or in the future, in furtherance of the
Approvals.
Date: 10-./7- ;;JCJO(;
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Date: 10 - ( 7 ... 0 Cp
Applicable to parcel number: 16-09-25-08-01-006.000
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STATE OF lit tI/ QMfI/ )
) SS:
COUNTY OF /f'l;?//IQ~ )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Scott M. Wilson and Tamara Defauw Wilson, who acknowledged execution of this
Owner's Consent and Joinder in Petitions.
Witness my hand and Notarial Seal this , 71" day of OeJobe/
, 2006.
My Commission Expires:
~Fd/.
NotsH'Y Public _
.../pklt II. II(/~~
Printed Name
County of Residence:
John M. Hefton
Notary Public, State of Indiana
Hamilton County
My Commission Expires 02/01/2013
H: IbeckyiuptownpartnomlConrent-SoollT arner" Wilson
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Composite Perimeter Description
Part ofthe Northeast Quarter of Section 25, Township 18 North, Range 3 East of the Second
Principal Meridian in Clay Township of Hamilton County, Indiana.
Commencing at the Northeast comer ofthe Northeast Quarter of said Section 25; thence South
88 degrees 54 minutes 52 seconds West along the north line of said quarter section 413 .00 feet;
to the POINT OF BEGINNING of the following described real estate:
thence South 00 degrees 07 minutes 46 seconds West parallel with the east line of said quarter
section and along the northerly prolongation ofthe west right-of-way line of 1 st A venue NW and
along said right-of-way line a distance of305.80 feet; thence South 88 degrees 54 minutes 52
seconds West 364.70 feet to the southeast comer of Instnunent 98-40862 as found in the Office
of the Recorder of Hamilton County, Indiana, said point being on the east right-of-way line of
the Manon Trail; thence North 01 degrees 20 minutes 01 seconds West along the east line of said
instnunent and right-of-way line 131.95 feet to the southeast comer of Instrument 99-09339;
thence continuing North 01 degrees 44 minutes 35 seconds West along the east line of
Instrument 99-09339 and right-of-way of the Manon Trail 173.78 feet to the northeast comer
thereof, being on the north line of said quarter section; thence North 88 degrees 54 minutes 52
seconds East along said north line 373.75 feet to the POINT OF BEGINNING.
-Containing 2.590 acres, more or less.
EXHIBIT
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EXlDBIT "A"
Description of Real Estate
Legal Description of 740 1st Avenue NW, Cannel, IN 46032
Part of the Northeast Quarter of Section 25, Townsbip18 North, Range 3 East, being an
unplatted lot situated in tile North part of Carmel, Halnilton County, Indiana, described
as follows: Begin 25 rods and 6 inches W cst and 14 rods, 8 feet aud)'" inches Soutb of tbe
Nortbeast cor.er of said Quarter Section and rUD thence West 10 rods, thence South 4
rods, thence East 10 rods, thence North -1 rods to the beginn.ing.
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Eric and Kimberly Moffett Consent
OWNER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner of a portion of the real estate described in what is
attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby
authorizes and directs Uptown Partners, LLC, an Indiana limited liability company ("Uptown"),
along with its employees, engineers, land planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Uptown with respect to the Real
Estate including, without limitation: (i) rezone approval to a Planned Unit Development
District (hereafter "Rezone Application"); (ii) development plan approval per the terms
of the Rezone Application and the Zoning Ordinance for the City of Carmel (hereafter
"DP Application"); (Hi) architectural design, lighting, landscaping and signage approval
per the terms of the Rezone Application and the Zoning Ordinance for the City of Cannel
(hereafter "ADLS Application"); and, (iv) any zoning waiver approvals and/or variances
pursuant to the Rezone Application and the Zoning Ordinance for the City of Carmel
(hereafter "WaiverNariance Application") deemed necessary by Uptown to further
develop the Real Estate per the terms of the Rezone Application, DP Application, ADLS
Application, and/or WaiverNariance Application (collectively referred to herein as the
"Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Cannel
Plan Commission, the City of Carmel Common Council, and any other municipal bodies
or agencies, and to represent the undersigned in connection with all applications and
petitions deemed necessary by Uptown to obtain the Approvals.
Further to this O'Mler's Consent and Joinder in Petitions, the undersigned acknowledges
that this Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Uptown, now or in the future, in furtherance of the
Approvals.
Date:
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Date: I D - I 7 -0 ~
Applicable to parcel numbers: 16M09~25.08-0l-001.000; 16-09-25-08-01-007.000
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STATE OF / rlt//qrllt.
COUNTY OF J/ftfl#1/ /fr;<t
)
) SS:
)
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Eric and Kimberly W. Moffett. who acknowledged execution of this Owner's Consent
and Joinder in Petitions.
Witness my hand and Notarial Seal this 17 fir day of Oc~b,../
, 2006.
NO~~.
J, It;f /f IJ. rf;~
Printed Name
My Commission Expires:
County of Residence:
John M. Hefton
Notary Public, State of Indiana
Hamilton County
My Commission Expires 02/01/2013
H:\beekyluplownparmersIConsem:-EricKimberlyMoffen
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Composite Perimeter Description
Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East of the Second
Principal Meridian in Clay Township of Hamilton County, Indiana.
Commencing at the Northeast comer of the Northeast Quarter of said Section 25; thence South
88 degrees 54 minutes 52 seconds West along the north line of said quarter section 413.00 feet;
to the POINT OF BEGINNING of the following described real estate:
thence South 00 degrees 07 minutes 46 seconds West parallel with the east line of said quarter
section and along the northerly prolongation of the west right-of-way line of 1 st Avenue NW and
along said right-of-way line a distance of 305.80 feet; thence South 88 degrees 54 minutes 52
seconds West 364.70 feet to the southeast corner of Instrument 98-40862 as found in the Office
of the Recorder of Hamilton County, Indiana, said point being on the east right-of-way line of
the Monon Trail; thence North 01 degrees 20 minutes 01 seconds West along the east line of said
instrument and right-of-way line 131.95 feet to the southeast comer of Instrurnent 99-09339;
thence continuing North 01 degrees 44 minutes 35 seconds West along the east line of
Instrument 99-09339 and right-of-way of the Monon Trail 173.78 feet to the northeast comer
thereof, being on the north line of said quarter section; thence North 88 degrees 54 minutes 52
seconds East along said north line 373.75 feet to the POINT OF BEGINNING.
_ Containing 2.590 acres, more or less.
,.; ~,
EXHIBIT
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Tuesday, October 17. 2006 5:28 PM
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Justin W. Moffett Consent
OVINER'S CONSENT AND JOINDER IN PETITIONS
The undersigned~ being the owner of a portion of the real estate described in what is
attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby
authorizes and directs Uptown Partners, LLC~ an Indiana limited liability company ("Uptown"),
along with its employees, engineers, land planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Uptown with respect to the Real
Estate including~ without limitation: (i) rewne approval to a Planned Unit Development
District (hereafter "Rezone Application"); (ii) development plan approval per the terms
of the Rezone Application and the Zoning Ordinance for the City of Carmel (hereafter
"DP Application")~ (iii) architectural design, lighting, landscaping and signage approval
per the terms ofthe Rezone Application and tl;1e Zoning Ordinance for the City of Carmel
(hereafter "ADLS Application"): and, (iv) any zoning waiver approvals and/or variances
pursuant to the Rezone Application and the Zoning Ordinance for the City of Carmel
(hereafter .'WaiverNariance Application") deemed necessary by Uptown to further
develop the Real Estate per the terms of the Rezone Application, DP Application, ADLS
Application, and/or WaiverNariance Application (collectively referred to herein as the
'.Approvals")~ and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan COmniission, the City of Carmel Common Council, and any other municipal bodies
or agencies, and to represent the undersigned in connection with all applications and
petitions deemed necessary by Uptown to obtain the Approvals.
Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledges
that this Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Uptown, now or in the future, in furtherance of the
Approvals.
Justin W. Moffett ~
8~f
Date: I d 1t-7 /d ~
Applicable to parcel numbers: 16-09-25-08-01-001.001; 16-09-25-08-01-002.000~ 16-09-25-08-
01-003.000~ 16-09-25-08-01-004.000; 16-09-25-08-01-005.000
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STATEOF ll'ld/((Y/Q, )
) ss:
COUNTY OF I1Q<"I" /ro*'1 )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Justin W. Moffett, who acknowledged execution of this Owner's Consent and Joinder
~~~. '
Witness my hand and Notarial Seal this {7 'tit day of Dc. f,7 be ,.
,2006.
County of Residence:
~fUL
NotaqlPublic -
(/ ok J1 1ft. )!t'I^Iz:,~ --
Printed Name
My Commission "Expires:
John M. Hefton
Notary PubHc. State of Indiana
Hamilton County
My Commission ExpIres 02/01/2013
H:\becky\llptownparmersIConsenl.JllsliMoffen
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Composite Perimeter DescriptD.on
Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East of the Second
Principal Meridian in Clay Township of Hamilton County, Indiana.
Commencing at the Northeast corner of the Northeast Quarter of said Section 25; thence South
88 degrees 54 minutes 52 seconds West along the north line of said quarter section 413.00 feet;
to the POINT OF BEGINNING of the following described real estate:
thence South 00 degrees 07 minutes 46 seconds West parallel with the east line of said quarter
section and along the northerly prolongation of the west right-of-way line of 1 st Avenue NW and
along said right-of-way line a distance of305.80 feet; thence South 88 degrees 54 minutes 52
seconds West 364.70 feet to the southeast corner of Instrwnent 98:"40862 as found in the Office
oftbe Recorder of Hamilton County, Indiana, said point being on the east right-of-way line of
the Manon Trail; thence North 01 degrees 20 minutes 01 seconds West along the east line of said
instrument and right-of-way line 131.95 feet to the southeast comer ofInstrument 99-09339;
thence continuing North 01 degrees 44 minutes 35 seconds West along the east line of
Instrument 99-09339 and right-of-way of the Monon Trail 173.78 feet to the northeast comer
thereof, being on the north line of said quarter section; thence North 88 degrees 54 minutes 52
seconds East along said north line 373.75 feet to the POINT OF BEGINNING.
_ Containing 2.590 acres, more or less.
EXHIBIT
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AN ORDINANCE OF THE COMMON COUNCIL OF THE .:..
CITY OF CARMEL, INDIANA . ,
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ESTABLISHING THE .
COBBLESTONE COMMONS
PLANNED UNIT DEVELOPMENT DISTRICT
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ORDINANCE NO. Z-
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Cam1cl/Clay
Zoning Ordinance"), provides for the establishment of a Planned Unit Development District in
accordance with the requirements ofI.C 9 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
recommendation to the ordinance set forth herein ("Cobblestone Commons")
which establishes the Cobblestone Commons Planned Unit Development District (the "District"),
\vhich shall also be referred to as the "Cobblestone Commons Ordinance."
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel,
Indiana (the "Council"), that (i) pursuant to IC 936-7-4-1500 et seq., it adopts this Cobblestone
Commons Ordinance, as an amendment to the Cannel/Clay Zoning Ordinance and it shall be in full
force and effect from and after its passage, (ii) all prior commitments shall be null and void and
replaced and superseded by this Cobblestone Commons Ordinance, and (iii) this Cobblestone
Commons Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
Section 1
Applicability of Ordinance.
Section 1.1 The Official Zoning Map of the City of Cannel and Clay Township, a pmi of
the Cannel/Clay Zoning Ordinance, is hereby changed to designate the land described in
Exhibit "A", which is attached hereto and incorporated herein by reference, (the "Real
Estate"), as a Planned Unit Development District to be known as Cobblestone Commons.
Section 1.2 Development in the District shall be governed entirely by (i) the provisions of
this Cobblestone Commons Ordinance and its exhibits, and (ii) tl10se provisions of the
Carmel/Clay Zoning Ordinance specifically referenced in this Cobblestone Commons
Ordinance. Development in the District shall be exempt from the other provisions of the
Carmel/Clay Zoning Ordinance that are not specificaIly referenced herein, fi:ol11 the
provisions, standards and requirements contained within the Subdivision Control Ordinance.,
including but not limited to provisions regarding standards of design contained in Chapter 6
and Chapter 7; provided, however, the provisions regarding procedures for subdivisions,
penalties and plat celiificates shall apply. In the event of a conflict between this
Cobblestone Commons Ordinance and the Cannel/Clay Zoning Ordinance, the Subdivision
Control Ordinance or the Sign Ordinance, the provisions of this Cohhlestone Commons
Ordinance shall apply.
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Section 1.3 Any capitalized tenl1 not defined herein shall have the meaning as set forth in
the Cam1el/Clay Zoning Ordinance in effect on the date of the enactment of this
Cobblestone Commons Ordinance.
Section 2
homes.
Permitted Use. Permitted uses shall only include detached single-f'lmily residential
Section 3 Accessory Buildings and Accessory Uses. All Accessory Structures and Accessory
Uses shall be permitted except that any detached accessory building shown in any development plan
shall have on all sides the same architectural features or shall be architecturally compatible with the
principal Residential Unit 'Nith which it is associated.
Section 4 Communication Equipment. Cell towers shall not be penl1itted. Home satellite
dishes shall be permitted.
Section 5 Platting. The platting of the Real Estate into smaller tracts shall be permitted, so
long as the proposed plat complies with the area requirements set forth below in Section 6, and the
creation of a new propeliy line within the Real Estate shall not impose or establish new
development standards beyond those specified below in Section 6 for the entirety of the Real Estate.
However, the development of any parcel shall conform to the requirements of Section 14 below,
and all other applicable requirements contained in this Cobblestone Commons Ordinance.
Section 6
Hei1:ht and Area Requirements.
Section 6.1
Building Mass:
A. Building Orientation: All Residential Units shall be oriented parallel and
perpendicular to 1361h Street, 1 St Avenue NW and to all interior private street and
private lanes, as is depicted on the Site Plan, which is attached hereto and
incorporated herein by reference as Exhibit "B".
B. Building Dimensions: Building dimensions shall be based upon the building
footprints that are depicted on the Site Plan.
Section 6.2
feet.
Maximum Building Height: The maximum Building Height is thiliy (30)
Section 6.3 Minimum Perimeter Building Set Back: The minimum Set Back from the
right of way line of 136th Street shall be zero (0) feet, and from the right of way line of 1 st
A venue NW the minimum Set Back shall be shall be ten (10) feet, and from the right of way
line of the Manon Trail the minimum Set Back shall be shall be fifteen (15) feet, and from
the southern propeliy line of the Real Estate the minimum Set Back shall be five (5) feet.
Section 6.4 Minimum Building Separation. The minimum distance between Residential
Units, measured fi'om the exterior face of the foundation and excluding patios, shall be six
(6) feet and the maximum distance between Residential Units, measured from the exterior
t~lce of the t(JUndation and excluding patios, shall be ten (10) feet.
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Section 6.5 Density. There shall be a maxi mum of twenty-four (24) Residentia! Units on
approximately 2.6 acres.
Section 6.6
Lot Dimensions and Square Footage of Residential Units.
A.
Minimum Lot Width: The minimum lot width shall be twenty (29) feet and the
maximum lot width shall be fifty (50) feet.
B.
Square Footage of Residential Units. The minimum square footage, above grade,
for individual Residential Units shall be one thousand eight hundred (l,800) square
feet, exclusive of any garages.
Section 7
Building Types.
Section 7.]
Architectural Design Requirements:
A. Building rendering and elevations: Attached hereto and incorporated herein by
reference as Exhibit "C" are building renderings that depict the pennitted types of
architecture for the Residential Units to be constructed upon the .Real Estate.
B. Roof design: The roof" of all Residential Units shall be gabled, except for open
porch roofs, and shall have a minimum slope of twel ve (12) horizontal to seven (7)
veliical.
C. Garages: All garages shall be attached to the Residential Units and shall be accessed
from the rear elevation via rear-loaded garages as is depicted on the Site Plan.
D. Windows: All windows shall be rectangular double-hung, except that special
windows will be allowed as accents. No plate glass picture windows, strip windows
or arched windows shall be pe1111itted on the front far;ade.
E. Porches: Covered porch designs should be offered in front elevation design options.
Uncovered decks shall not be pennitted in the front yard.
F. 136th Street Buildings: Each Residential Unit adjacent to 1361h Street, as is depicted
on the Site Plan, shall be designed in a manner that the elevation facing 136lh Street
shall have the appearance of a front elevation and not of a side elevation. The
foregoing requirement does not apply to any Residential Units that are not directly
adjacent to 136lh Street.'
Section 7.2
Building Materials:
A. Primary Building Material: All Residential U nits to be constructed upon the Real
Estate shall include Hardi-Board, Hardi-Plank and/or I-Iardi-Shake or the equivalent
thereof, on front, side and rear elevations as the primary building material, excluding
but not limited to doors, soffits, trim, windows, gables and roofs.
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B. Windows: All \vindows and window tri111 shall be framed in wood and/or vinyl-clad
wood.
C. Chimneys: All chimneys constmcted shall be constructed from brick or stone or the
veneer equivalent.
D. Stair details: All exterior guardrails, handrails and other stair details shall be
constructed from wood or wrought iron.
E. Roof.,,: All roofs shall be composed of asphalt shingles.
F. Foundations: The foundations shall be covered in brick, stone or stone veneer.
Section 8 Landscaping. Attached hereto and incorporated herein by reference as Exhibit "D"
is the landscape plan (hereafter "Landscape Plan").
Section 8.1
Front of Home.
A. Walkway: There shall be paved walkway from the porch or front door of the
Residential Unit to the front sidewalk.
B. Front yard: The front yard of an Residential Units shall be maintained with a
combination of low shrubs, trees, flowers and/or grass, in accordance with standards
described below in this Section below and said plantin'gs and/or grass areas shall be
well maintained and groomed.
C. Fences: Residential Units are pennitted to have picket fences in the fl:ont yards.
However, no fence shall exceed thirty-six inches (36') in height. No cllain-link fence
material of any kind shall be permitted.
Section 8.2 Maintenance. It shall be the responsibility of the owners and their agents to
insure proper maintenance of project landscaping approved in accordance with this
Cobblestone Commons Ordinance. This is to include, but is not limited to, irrigation and
mulching of planting areas, replacing dead, diseased, or overgrown plantings with identical
varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation
and weeds.
Section 8.3 Planting Standards. Landscaping shall be integrated with other functional and
ornamental site design elements, where appropriate, such as hardscape n1aterials, paths,
sidewalks, or any water features. Shade trees planted to satisfy the landscaping requirements'
of this Cobblestone Commons Ordinance shall have at least a two and one-half inch (2-112")
caliper and .seven foot (7') height at the time of planting, however, ornamental trees are
perrnitted to be of a smaller caliper size and height at planting, based on the planting
schedule contained within the Landscape Plan. If required by the Landscape Plan, evergreen
trees shall be a minimum of six feet (6') in height at the time of planting. All trees, shrubs
and ground covers shall be planted according to accepted horticultural standards,
Landscaping materials shall be appropriate to local growing and climatic conditions. Plant
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suitability, maintenance and compatibility with site construction features are clitical factors
that should be considered. Plantings should be designed with repetition, stmctured pattems,
and complementary textures and colors, and should reinforce the overall ch~m'cter of the
area.
Section 8.4 Building Base Landscaping. The building base landscaping around the
Residential Units shall include a minimum of twelve (12) shrubs.
Section 8.5 Perimeter Planting/Buffer Yard. The perimeter and buffer yard planting
requirements shall be in accordance to what is depicted on the Landscape Plan.
Section 8.6 Interior Plantings. Adjacent to the entry drive of the development, as 1S
depicted on the Site Plan, for each one hundred (100) linear foot increment, there shall be a
minimum of two (2) shade trees, two (2) ornamental trees and ten (10) shrubs.
Section 8.7 Promenade Plantings and Topiary Gardens. The promenade plantings and
topiary gardens shall be provided as is shown on the Landscape Plan.
Section 9
Lightint.? Requirements.
Section 9.1 Front of Home lighting: Each Residential Unit shall have a minimum of one
(1) light fixture near the door.
Section 9.2 Rear of Home lighting: Each Residential Unit shall have a minimum of one
(l) light fixture on the rear of each unit, and the light position(s) shall be consistent
among all units.
Section 9.3 Street Lighting: Street lighting locations shall be provided as shown on the
Site Plan.
Section 9.4 Light Fixture Renderings: Attached hereto and incorporated herein as Exhibit
"E" arc renderings that depict the permitted type or types of wall mounted luminaries
and pole mounted luminaries for the Disttict.
Section 10
Signs and Entry W ny.
Section 10.1 Ground Sigl1 and Entry Way.
A. ~: At the entrance to the Disttict, adjacent 1 st Avenue NW, as is depicted on the
Site Plan, one (l) ground/entryway sign shall be permitted, including a stone pillar
monument, as is depicted on Exhibit "F", which is attached hereto and incorporated
herein by reference.
B. Maximum Sign Area: Twenty-four (24) square feet.
C. Illumination of Sign: External.
D. Sign Permit: Required.
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E.
Fees: Required.
Section 11
Streets and Parking.
Section 11.1 Minimum Parking: Each Residential Unit shall contain a two (2) car garage
and Residential Units that are not directly adjacent to 136tl1 Street shall be pemlitted to have
an optional three (3) car garage. In addition, there shall be guest parking provided within
on-street parking spaces and other off-street parking spaces as is depicted on the Site Plan.
Section 11.2 Private Streets and Interior Lanes: The streets and interior lanes within the
District shall be private streets and private interior lanes that shal1 not be dedicated to the
City. Said private streets and private interior lanes shall not be permitted to be gated and
must always remain for open access to the public. The private streets and private interior
lanes shall be maintained by the Homeowner's Association. The layout and design for the
private streets and private interior lanes to be constructed within the District shall be in
accordance to what is depicted on the Site Plan.
Section 12 Monon Trail. The District shall incorporate a single access point to the Monon
Trail that shall connect with the common area on the western portion of the District, as is depicted
on the Site Plan.
Section 13 Homeowners Association and Declaration of Covenants. The Developer shall
prepare and record a Declaration of Covenants which shall also contain various provisions
regarding the Real Estate as detern1ined by the Developer, including, witllOut limitation, provisions
for mandatory assessments and maintenance of the private streets, private lanes and, common areas.
The Declaration of Covenants shall also provide for the mandatory establishment of a Homeowner's
Association, whereby all owners of Residential Units shall be required to be mandatory members of
the Homeowner's Association.
Section .14
Approval Process.
Section 14.1 Nature of Development Requirements. TIle development requirements set
forth in this Cobblestone Commons Planned Unit Development Ordinance are expressed in
detailed tenn.s as provided under 1.C. Section 36-7-4-1509 (a)(2). As pem1itted under 1. C.
Section 36-7-4-1509(e), the approval process contained in this Section 14 shall be adhered
to in order to obtain a Improvement Location Pemlit.
Section 14.2 ARProval or Denial of the Primary Plat/Development Plan.
A. Exhibit "8", which is attached hereto and incorporated herein by reference, shall
serve as the Site Plan (the "SP"). The SP does constitute the approved Development
Plan and primary plat for the Real Estate, and the SP, along with the other exhibits
that are attached hereto and incorporated herein by reference, constitute the approved
architecture, design, lighting and landscaping for the Real Estate and the
improvements thereon, considered in connection with the Cobblestone Commons
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Section 15
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Ordinance. Cobblestone Commons shall not require further (i) ADLS approval and
(ii) Developluent Plan/plimary plat approval. The Final Development Plan approval
procedures are set forth below in this Section 14. If there is a Substantial Alteration
in the approved ADLS and Development Plan/primary plat, review and approval of
the amended plans shall be made by the Commission, or a Committee thereof,
pursuant to the Commission's rules of procedure. Any Minor Alterations to the
approved ADLS and Development Plan/primary Plat may be approved by the
Director, in the Director's sole discretion.
B.
The Director shall have the sole and exclusive authority to approve without
conditions, approve with conditions, or disapprove the Final Development
Plans/Secondary Plats (collectively, the "FDP") for the Cobblestone Commons;
provided, however, that the Director shall not umeasonably withhold or delay the
Director's approval of the FDP that is in substantial confol111ance with the SP and is
in COnf0l111anCe with the Development Requirements and Development Standards of
this Cobblestone Commons Ordinance. If the Director disapproves any FDP, the
Director shal1 set forth in writing the basis for the disapproval and schedule the
request for approval of the FDP for a hearing before the full Plan Commission.
c.
An amendment to the FOP, which is not determined by the Director to be a
Substantial Alternation or Material Alteration from the approved SP, may be
reviewed and approved solely by the Director. However, in the eyent the Director
detennines that there has been a Substantial Alteration or Material Alteration
between the approved SP and any proposed FOP, the Director may, at the Director's
discretion, refer the amended FDP to the Commission, or a Committee thereof, for
review and approval by the Commission and/or a Committee thereof.
D.
The FDP shall be a specific plan tor the development of all or a portion of the Real
Estate that is submitted for approval to the Director, which shall include reasonable
detail regarding the facility and structures to be constructed, as well as drainage,
erosion control, utilities, and building intonnation.
Definitions and Rules of Construction.
Section 15.1 General Rules of Construction. The following general rules of construction
and definitions shall apply to the regulations of this Ordinance:
A. The singular number includes the plural and the plural the singular, unless the
context clearly indicates the contrary.
B. Words used in the present tense include the past and n.lture tenses, and the future the
present.
C. The word "shall" is a mandatory requirement. The word "may" is a penmsslVC
requirement. The word "should" is a preferred requirement.
Section 15.2 Definitions.
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A. Accessory Structure: A structure subordinate to a building or use located on the Real
Estate that is not used for pennanent human occupancy.
B. Accessory Use: A use subordinate to the main use, located on the Real Estate or in
the same building as the main use, and incidental to the main use.
C. Building Height: The vertical distance from the lot ground level to the highest point
of the roof for a flat root: to the deck line of a mansard roof and the mean height
between eaves and ridges for gable, hip and gambrel roof".
D. City: The City ofCarmcl, Indiana.
E. Commission: The Cannel/Clay Plan Commission.
F. Council: The City Council of the City of Carmel, Indiana.
G. County: Hamilton County, Indiana.
H. Declaration of Covenants: A Declaration of Covenants, Conditions and Restrictions
for the Real Estate which shall be recorded in the otlice of the Recorder of Hamilton
County, Indiana, and which may, from time to time, be amended.
1. Plan, Site. A general plan for the development of the Real Estate, abbreviated as
"SP" that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site access,
drainage features, and building locations and is depicted on Exhibit "B", which is
attached hereto and incorporated herein by reference.
J. Development Plan, Final. A specific plan for the development of the Real Estate
abbreviated as "FDP" Estate tllat is submitted for approval showing proposed
facilities, buildings, and structures. This plan review includes general landscaping,
parking, drainage, erosion control, signage, lighting, screening and building
infonnation for the site.
K. Development Requirements. Development standards and any requirements specified
in this Cobblestone Commons Ordinance which must be satisfied in connection with
the approval of a Final Development Plan.
L Developer. Uptown Partners, LLC and its successors and assigns.
M. Director: Director, or Administrator, of the Department of Community Services for
the City of Carmel, Indiana. "Director" and "Administrator" shall include his/her
authorized representatives.
N. Homeowners Association: A nonprofit corporation established for the promotion of
the health, safety and welfare of the residents of the Cobblestone Commons, and to
manage, maintain, and repair the common areas within the Real Estate and any
improvements located tl1ereon.
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O. Material Alteration: Any change to an approved plan of any type that involves the
substitution of one material, species, element, etc. for another.
P. Minor Alteration: Any change to an approved plan of any type that involves the
revision ofless than ten percent (10%) of the plan's total area or approved materials.
Q. Real Estate. The Real Estate shall mean and refer to all of the Real Estate described
in Exhibit "A".
R. Residential Unit. Residential Unit shall mean a single family detached residential
structure intended for occupation.
S. Right-of- Wax: An area of land permanently dedicated to provide light, all' and
access.
T. Set Back: The least measured distance hetween a building or structure, excluding,
however, porches, porch or building steps and patios, and the perimeter boundaty of
the Real Estate. For purposes of determining Set Back, the perimeter boundary of
the Real Estate (i) shall always mean and refer to the outside perimeter boundary line
of the Real Estate and (ii) shall not be changed or reduced by reason of the platting
or subdivision of the Real Estate into smaller parcels.
U. Sign: Any type of sif:,TJl as further defined and regulated by this Ordinance and the
Sign Ordinance for Camlel-Clay Township, Ordinance Z-196, as amended.
W. Substantial Alteration: Any change to an approved plan of any type that involves the
revision of ten percent (l0%) or more of the plan's total area or approved materials.
Section 16 Violations. All violations of this Cobblestone Commons Ordinance shall be subject
to Section 34.0 of the Cannel/Clay Zoning Ordinance.
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PASSED by the Common Council of the City of Carmel, Indiana this _ day of
, 2006, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Richard 1. Sharp, President
Ronald E. Calier
Brian D. Mayo
Fredrick J. Glaser
Mark Rattermann
Joseph C. Griffiths
Kevin Kirby
ATTEST:
Diana 1. Cordray, lAMC, Clerk Treasurer
Presented by me to the Mayor ofthe City of Cannel, Indiana the _ day of
,2006, at o'clock .M.
Diana L. Cordray, IAMC, Clerk Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this
2006, at o'clock .M.
day of
James Brainard, Mayor
ATTEST:
Diana 1. Cordray, IAMC, Clerk Treasurer
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This Instrument prepared by: James E. Shinaver
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
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Composite Perimeter Description
Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East of the Second
Principal Meridian in Clay Township of Harnilton County, Indiana.
Commencing at the Northeast corner of the Northeast Quarter of said Section 25; thence South
88 degrees 54 minutes 52 seconds West along the north line of said quarter section 413.00 feet;
to the POINT OF BEGINNING of the following described real estate:
thence South 00 degrees 07 minutes 46 seconds West parallel with the east line of said quarter
section and along the northerly prolongation of the west right-of-way line of I 5t Avenue NW and
along said right-of-way line a distance of 305 .80 feet; thence South 88 degrees 54 minutes 52
seconds West 364.70 feet to the southeast corner oflnstrument 98-40862 as found in the Office
of the Recorder of Hamilton County, Indiana, said point being on the east right-of-way line of
the Monon Trail; thence North 01 degrees 20 minutes 01 seconds West along the east line of said
instrument and right-of-way line 131.95 feet to the southeast comer of Instrument 99-09339;
thence continuing North 01 degrees 44 minutes 35 seconds West along the east line of
Instrument 99-09339 and right-of-way of the Monon Trail 173.78 feet to the northeast comer
thereof, being on the north line of said quarter section; thence North 88 degrees 54 minutes 52
seconds East along said north line 373.75 feet to the POlNT OF BEGINNING.
Containing 2.590 acres, more or less.
EXHIBIT
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