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HomeMy WebLinkAboutApplications - .~ -),..j Babbitt, Pamela A From: Sent: To: Cc: Subject: Dobosiewicz, Jon C Monday, April 14, 20031 :32 PM Bal::ibitt, Pamela A Lillig, Laurence M; Hollibaugh', Mike P; Brewer, Scott I Docket Number Assignment - (DP/ADLS); Meridian North Medical (Development Plan & ADLS) Pam, Please print and fax this e,..mail to, the petitioner identified below and update the file. I have issued the necessary Docket Number for theLMeridian.North l\1edical (llevelopmentPlan &, ADLS). It will be the following: (4,,8~j)3_a. Z ~' 4B-O-31i cZW .$'655 $72.5'6 Total Fee: $728.50 . Docket No. 48-03 DP/ADLS; Meridian Nortb Medical (Development Plan & ADLS). The applicant seeks to construct a multi-tenant building. The site is located at the southwest comer of 136th Street-and US 31. The site is zoned B-5/Business and is within the US 31 Overlay Zone. The petitioner also seeks approval of the following Suhdivision Waiver for one street: 48-03a ZW ZO 23B.8.3.A(1) minimum building height 48-03b ZW ZO 23B.7.A minimum 5-acre area Filed by Adam Dehart of Keeler- Webb Associates for F. C. C. Development Corporation. Please note the following: . Mailed and Published Public Notice needs to occur no later than Friday, April 25, 2003. Published notice is required within the Indianapolis Star. ~'Pr()'of" ofNoffce will nee'a to be rec-el\l,ed by this Department no laterth:UH100I1, Monday, May 19, 2003. Failure to submit Proof of Notice by this time will result in the tabling of the petition. · This Item will appear on the May 20,2003 agenda of the Plan Commis.sion under Public Hearings. · This Item may also appear on the June 3, 2003 agenda of the Plan Commission Special Studies Committee if not approved at the May 20 meeting date. Please contact Mr. Dehart at 574-0140 (Fax: 574-1269) with this information. Once the file is updated please return it to my office. Thanks, Jon To Co. t..I;C. > r:J=- Pos1-i1@ Fax Note 7671 I rr Phone # Phone # S 7). .:J Fax # Fax # 1 J.:; 4 u ~u ZONING WAIVER APPLICATION 48-03aZW ~"p^ <11 -,' //) 'fo( ';',j'r;<,:'l , <;' .-. //;.-, </. <,'/1 <?a ,,' (/ ~' Contact Person: KEELER-WEBB ASSOCIATES c/o ADAM DeHART Telephone Number: 317-574-0140 Address: 486 GRADLE DRIVE, CARMEL, IN 46032 PROJECT NAME: MERIDIAN NORTH MEDICAL PROJECT ADDRESS: 136TH STREET / NORTH MERIDIAN STREET APPLICANT NAME: McCORDSVILLE PARTNERS, LLC ADDRESS: P.D. BOX 757, CARMEL, IN 46082 TELEPHONE: 317-846-5800 Section of the Zoning Ordinance for which a waiver is being requested: WE RESPECTFULLY REQUEST A WAIVER FROM SECTION 23.B.8.3 A OF THE US 31 OVERLAY ORDINANCE MINIMUM BUILDING HEIGHT. ALL USES ALONG U.S. 31; THIRTY-EIGHT (38) FEET State the explanation of why a waiver is being requested: THE BUILDING DESIGN IS UNIQUE IN CHARACTER DUE TO THE ELEVATION CHANGE ACROSS THE SITE FORM EAST DOWNHILL TO THE WEST TOWARDS LITTLE COOL CREEK THE FOLLOWING ADDITIONAL ARCHITECTURAL FEATURES HA VE BEEN ADDED TO THE STRUCTURE TO BRING!T INTO COMPLIANCE OF THE GOLDEN SECTION AND PROVIDE THE APPROPRIATE MASS TO THE STRUCTURE. State the reasons supporting the waiver request: 1 DORMERS HA VE BEEN ADDED TO ALL FACADES GIVING THE APPEARANCE OF A THREE-STORY BUILDING. 2. THE ROOF RIDGE HEIGHT OF THE STRUCTURE IS 38 '-7" ABOVE FINISH FLOOR ELEVATION. 3. THE EXTERIOR GRADE FALLS UP TO 6'-0" BELOW FINISH FLOOR ELEVATiON ALONG THE WEST AND SOUTH FACADES. 4. TWO CUPOLAS HAVE BEEN ADDED TO THE ROOFLINE AND EXTEND 8 '-9" ABOVE THE RIDGE OF THE ROOF. 5. THE COLOR OF THE BRICK AND TRIM CLOSELY MA TCH THE COLOR SCHEMES OF THE ADJACENT MEDICAL OFFICE BUILDING. Present Zoning: B-5 & US 31 OVERLAY ZONE C:\My Documents\FORMS\CARMEL \0303-06Za-MNM.doc ... . u ~ ~v ZONING WAIVER APPLICATION 48-03bZW Contact Person: KEELER-WEBB ASSOCIATES c/o ADAM DeHART Telephone Number: 317-574-0140 Address: 486 GRADLE DRlYE, CARMEL, IN 46032 PROJECT NAME: MERIDIAN NORTH MEDICAL PROJECT ADDRESS: 136TH STREET / NORTH MERIDIAN STREET APPLICANT NAME: McCORDSVILLE PARTNERS, LLC ADDRESS: P.O BOX 757, CARMEL,IN46082 TELEPHONE: 317-846-5800 Section of the Zoning Ordinance for which a waiver is being requested: WE RESPECTFULLY REQUEST A WAIVER FROM SECTION 23.B. 7 OF THE US 31 OVERLAY ORDINANCE, MINIMUM TRACT SIZE. THE MINIMUM AREA COVERED BY A DP WTHTIN THE U.S. HIGHWAY 31 OVERLAY ZONE MUST BE 217,800 SQUARE FEET (5 ACRES). State the explanation of why a waiver is being requested: THIS PROPERTY WAS SOLD TO MCCORDSVILLE PARTNERS, LLC IN GOOD FAITH BASED ON THE PRIOR SPLITTING OF THE PROPERTY INTO TWO PARCELS. State the reasons supporting the waiver request: 1. THE INDIANA LAND TITLE SURVEY DATED SEPTEMBER 26, 1996, REFLECTED THE OVERALL SITE BEING SEPERATED INTO PARCEL 1 (2.349 AC.) AND PARCEL II (3. 787 AC.) 2. THE DP & ADLS WAS APPROVED FOR THE BEESON COSMETIC SURGERY CENTER WITH CONDITIONS PER 60-96-DP/ADLS ALL SITE DEVELOPMENT PLANS FOR THIS PROJECT REFLECTED THE REAL ESTATE BEING SPUT CREATING TWO SEPARATE PARCELS 3. THE SELLER OF BOTH McCORDSVILLE PARTNERS, LLC PARCEL 1(2.349 AC.) AND BEESON COSMETIC SURGERY CENTER PARCEL II (3. 787 AC.) DID NOT PLAT THE OVERALL SITE. Present Zoning: B-5 & US 31 OVERLAY ZONE C:\My Documents\FORMS\CARMEL \0303-062b-MNM .doc ,~ ., A!?~-03-2003 THU OlJ~:, PH KEELER WEBB ASSOC rATES FA~~? 13175741269 p, 02 KEELER-WEBB ASSOCIATES Consu{ting p.ngineers-Cl'fanners-Surveyors 466 CRADLE DRIVE . CARMEL, INDIANA 46032 PHONE (317} 574-0140 . FAX (317) 574-1269 April 3. 2003 t>- ~"" ~\-r.~\\ltD, ~ . \)0 " ' r\' \\ ' DOC~ .....-;-'. '.;",-.' - , . / , . .. . ~/ "-'--~_j_ij,~-~ /' Plan Commission Member City of Carmel One Civic Square Carmel, Indiana 46032 Re.: MERIDIAN NORTH MEDICAL 136ln Street I North Meridian Street Carmel, Indiana toNA Project No.: 0010-033 PROJECT NARRATIVE This project is being resubmitted for review for ADlS and Development Plan approval of the above facility. Currently, the 2.349-Acre site is unoccupied and an existing medical building lies to the east of the site, which is also INithln the B5 zoning classification. This site does fall within the US 31 overlay zone. We propose. to Install a 21,110 sq. ft. two-story medical office building on the site. The site Is designed to accommodate the needs of the revised facllity, maintain existing vegetation along the west property line, and the area within the floodway ofLlttle Cool Creek. We expect the structure. to have 3-5 professional or medical office: tenants. Access will be provided at the eXisting entrance to the Beeson Surgery Center Northeast of the proposed building. This entrance is a common ingress/egress entrance forboth properties. The structure will be of Contemporary design with full height masonry and wood trim. colors to blend with the existing medical office building. Roof and parking lot drainage will be conveyed to the storm sewers in the parking area and then to the existing detention pond along the south property line. This detention facility was prevl.ously sized to accommodate the impervious area increase this facility cteates. The water and sanitary sewer mains Ile within the adjacent rlght-of~way or easements and will provide the necessary domestic service and fire protection. The fire service connection and fire suppression system will be reviewed in a meeting with the engineer and the fire department. The interior parking areas will be provided with security lighting from the pole lights as shown on the attached landscaping and lighting plan. The landscaping plan reflects required plantings along the North and South street buffer yards, and internal plantings within the parking lot. Coach lights will provide entrance lighting at the tenant entrances along the north elevation. The signage package for this project is based on the project being classified as a multi-tenant. multi-story facility. The site has frontage along 136111 Street and US 31. therefore, we are proposing one ground mounted identification sign along 136tl1 Street. and a wall identification sign on the South elevation of the building. The proposed signage will match the color, style. materia~, and lettering of the signage as shown on the ground sign detail. 1 AfR-03-2003 THU 01~1 PM KEELER WEBB ASSOCIATES "--.1 FA~_~,O, 13175741269 p, 03 PROJECT WAIVER OF US 31 OVERLAY ORDINANCE We respectfully request a waiver from Section 23.B.8.3 A of the US 31 OVERLAY ORDINANCE Minimum building height 1. All uses along U.S. 31; thirty-eight (38) feet Section 23.8.8.7 Waives ofthe US 31 OVERLAY ORDINANCE. The applicant may request a Plan Commission Waiver to the dimensions/and quantitative standards oHhis section, 23.8.8 by not greater than thirty-five (35) percent, consistent with requirements set forth in Section 23. B.2. G. The building height as calculated along the North and East facades of the proposed structure is defined by the Zoning Ordinance is 29'-11 7 IS". The building height as calculated along the West and South facades of the proposed structure Is defined by the Zoning Ordinance and varies from 29'-117/8P to 35'-11 7J8". Thus, the proposed building design varies form the US 31 OVERLAY ORDINANCE by 5-21 %. The building design is unique in character due to the elevation change acro~s the site form East downhill to the West towards little Cool Creek. The following additional architectural features have been added to the structure.to bring It into compliance oftha Golden Section and give the appropriate mass to the structure: o Dormers added to all facades giving the appearance of a three-story building. ... The ridge height of the structure is 38'-7" above finish floor elevation. D The exterior grade falls up to 6'-0" below finish floor elevation along the West and South facades. . Two cupolas have been added to the roofline and extend 8'_9" above the ridge of the roof. o The color of the brick and trim closely match the color schemes of the adjacent medical office building. Our findings are as follows: 1. The proposed building height waIver request is in hannony with the purposes of the land- use standards and the existing one-story masonry medical office building east of the site and the two-story residential homes on the North side of 1361h Street. 2. The proposed Georgian style of the medical office building enhances the adjoining streetscapeS, residential and business neighborhood, and the overall US 31 corridor. 3. The proposed development plan and circulation system enhances the current use an<! future access to the mediC$l.offlce buildings. The current and future circulation and accessprovidesfor emergency vehicle access and does not deprive adjoining properties of adequate light and air. 4. TtIeproposed site development exhibits increased landscaping and preservation of existing vegetation. attractive Georgian architecture. provisions for alternative transportation, future access to proposed Illinois Street extension, and parking / mechanical equipment screened from public view. MINIMUM TRACT SIZE AND PLATTING OF MEDICAL OFFICE BUILDINGS US 31 o VERLA Y ORDINANCE Section 238. 7 does not preclude the sale or transfer of any parcel of land within a parent tract after the approval of a Development Plan for the entire tract. However, the development of the parcel must stiff conform to the DP for the parent tract as approved or amended by the Commission, and all other applicable requirements contained in the Zoning Ordinance. 2 AfR-03-2003 THU O~2~ PM KEELER WEBB ASSOCIATES ~,. FAhNO, 13175741269 . v~J p, 04 McCordsville Partners, LLC purchased the 2.349-Acre site from Kleck Associates, Inc. per Warranty Deed recorded on June 28. 2000. Zoning Ordinance Chapter 3 Definitions - SUBDIVISION 3 Any division (recorded after December 31, 1999) of a Lot or parcel of land where: c. The division is lor the purpose of building development (excluding cemeteries) and a street is to be dedicated, reserVed, or othelWlse platted. Please note the areas on the development plans where the petitioner prOP9ses to dedicate right- of -way for the future Illinois Street extension, dedicate right~of-way for 1~6th Street, area reselVed for future access to the West (future Illinois Street extension) for both properties. creation of ingress/egress easements for both sites. and the future vacation of the existing entrance onto 1361h Street. Applications have been made for the Primary and Secondary plats, notice will be sent out. and we expect to present the plats to the Plan Commission for review and approval at the May 20, 2003 Plan Commission meeting. This project is very time sensitive because of executed leases and contracts. Once we obtain a recommendation of approval from the Plan Commission Commercial Site review committee. we request to be heard at the next available Plan Commission meeting held 011 May 20, 2003. If you have any questions, require any additional dOC\Jmentation, or comments, please do not hesitate to contact our office at any time and we will respond rapidlyVJith any request. Respectfully, KEELER-WEBB ASSOCIATES ~it Project Manager C:\My Oocuments\LETTERS\OO1 D-034D.doc 3 w u Tingley, Connie S From: Sent: To: Cc: Subject: Dobosiewicz, Jon C Monday, March 10,200310:31 AM Tingley, Connie S Lillig, Laurence M; Hollibaugh, Mike P; Brewer, Scott I Docket Number Assignment - (DP/ADLS); Meridian North Medical (Development Plan & ADLS) Connie, Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket Nurnber for the Meridian North Medical (Development Plan & ADLS). It will be the following: 48-03 DP/ ADLS $1,542 (5728 + $814 ($728+$36.50/ac @ 2.349 ac.)) Total Fee: $1,542.00 Docket No. 48-03 DP/ADLS; Meridian North Medical (Development Plan & ADLS). The applicant seeks to construct a multi-tenant building. The site is located at the southwest corner of 136th Stteet and US 31. The site is zoned B-S/Business and is within the US 31 Overlay Zone. Filed by Adam Dehart of Keeler - Webb Associates for F. C. C. Development Corporation. Please note the following: · This Item was placed on the March 19, 2003 agenda of the Technical Advisory Committee. . Mailed and Published Public Notice needs to occur no later than Friday, March 21,2003. Published notice is required within the Indianapolis Star. · Twenty (20) Informational Packets must be delivered to Plan Commission Secretary Ramona Hancock no later than noon, Friday, April 4, 2003. Failure to submit Infomlational Packets by this time will result in the tabling of the petition to the Tuesday, May 20,2003, agenda oftlle Plan Commission. · Proof of Notice will need to be received by this Department no later than n0011, Monday, April 14, 2003. Failure to submit Proof of Notice by this time will result in the tabling ofthe petition. · This Item will appear on the April 15, 2003 agenda of the Plan Commission under Public Hearings. . This Item may also appear on the May 13, 2003 agenda of the Plan Commission Special Studies Committee. Please contact Mr. Dehart at 574-0140 (Fax: 574-1269) \vith this information. Once the file is updated please retum it to my office. Thanks, ~ 3-70-03 /~~~ CY---- Jon 1 ~ (j DEVELOPMENT PLAN U APPLICA nON Fee: $500.00 plus $25.00 per acre V' /"~~-l_ - - ,,/" ,>__- - ( 1,'_, I,',') ~ ,- ,,)~ , DAlE: ~~O'''l\ "C" -, Q' ( 1. '~\l~ \- J \" \'1>. ,~. ~\pr~~ary, . '-"Final . ,(. . DOCKET NO. Public Hearing Required ': Received BylDate Amended or Changed Checked By Name of Project: Yeridi&~ North Medical Project Address: 136th Street/North Meridian Street Legal Description: (To be typewritten on separate sheet and attached) Name of Applicant: F.e.c. Development Corporation Address: P. O. Box 757. Carmel~ Indiana 46032 Contact Person: Frank Cosmas Telephone: (317) 846-5800 Name of Landowner: F. C. e. Development Corporation Te1ephone:(3l7) 846-5800 Address: P. O. Box 757. Carmel. Indiana 46032 Plot Size: 2. 349 Ac. Zoning Classification: 8...5 Present Use of Property: None Proposed Use ofPropeny: Professional Office/Medical 'y, \ NOTE: u U' This application must be filed in duplicate and accompanied by: a) Two (2) copies of the development plan which the applicant will be responsible for distribution among T AC members; b) All necessary supponing materials. .. Signed: The undersigned agrees that any construction. reconstrUction. enlargem~ relocation or alteration of strUctures, or any change in the use ofland or structureS requested by this application will comply with and conform to all applicable laws of the State of Indiana and the zoning ordinance of Carmel, Indiana, adopted under the authority of Acts of 1979, Public Law 178, Sec. 1, et seq. General Assembly of the State of Indiana, and all Acts amendatory thereto. j;;Y ..'C~ Owner >iLl) ;iI- Agent Frank c. Cosmas (Typed) STATE OF INDIANA Adam L. DeHart (Typed) ss: County of UMf.Cf)JJ Before me the undersigned, a Notaty Public for AA-/J,.'gr;,v (county of residence) County, State ofIndi~ personally appeared FRA~K CDSoM.A ~ (name of person) and acknowledged the execution of the foregoing instrument this 2.1 dayef NOll- '~'k.. ~(p:; ~ ~- (NotaIy itb' Signamre) ~.eeC::. ~ (printed or Typed) My Commission Expires: 9-'23-01 . ";' s:\forms\devpIan. app , Rev. Oct. 1995 -,)..06 Date U GCKET NO. ,.-(~,.';," /A.PPuCATION for ARl:WTECI'URAL DESIGN, UGHTING, and SIGNAGE /~ \' ",', /.'..... / '.' >- It.~,; ." -, ~.~'.:'~. ~&~> FEE: $500.00 '3J\ ~~i~ ~Project: Meridian North Nedical _;;; ~ ~~'-J '\' Address: 136th Street/North Meridian Street \.. , ' " . .........1 Typ'e 'of Project: new construction/two story Applicant: F. C . C. DEVEIDPMENT CORPORATION Frank Cosmas ContaCt Person: Phone No. (317) 846-5800 Phone No.(317) 846-5800 Address: Post Office Box 757~ Carmel, Indiana 46032 Legal Description: To be typewritten on a separate sheet Area (in acres) 2. 349 Zoning B-5 Owner of Real Estate: F . C . C. DEVELOPIVENT COF.PORATION Carmel: x Clay Township: Annexation: Y or@) Other Approvals Needed: NONE PARKING No. of Spaces Provided: 73 No. Spaces Required: 70 DESIGN INFORMATION Type of Building: woed/mas onry No. of Buildings: 1 Square Footage: 21,110 Height: 38' _7" No. of Stories 2 Exterior Materials: Masonry Maximum No. of Tenants: 6 City of Cannel Colors: standard brick/cream trim ':)"'o""ec,C'" " ' "'..-.f',..... : edi 1 Type of Uses: l.L -'-'- ~'c,h..n:=LL '''''.!.'. Lj";ffi ca Water by: Sewer by: City of Cannel s:\forms\adls.app revised 01/07/97 " LIGHTING u u Type of Fixture: Hubbel 400w Height of FixtUre: 25' 0" hi-pressure sodium No. of Fixtures: 5 Additional Lighting: sign lighting 26w flourescent uplight * Plans to be submitted showing foot candle spread at property lines, per Ordinance. SIGNAGE No. of Signs: 2 Type of Signs: BricklDry'lti t Location(s): Entrance on 136th street Wall signs at SW building comer Dimensions of each sign: Wall sign 60 square feet Ground sign 30 square feet Square Footage of each sign: Total Height of each sign: 6 I 0" Sill.: ABOVL LANDSCAPING * Plans to be submitted slwwing plant types, sizes, and locations *********************************************** I, the undersigned, to the best of my knowledge and belief, submit the above information as true and correct. S' ~if 19nature 0 PP lcant AO:;OJT Title ADAm L. D'"' t!M'_, II ~ eo (Print) Dare * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of Indiana, Omnty of MAIJIE,O JJ SS: Before me the undersigned, a Notary Public for St3te of Indiana.. personally appe3red ~~ execution of the foregoing instrument this Z I ;MA-ot s ()JJ JJe ;/A,e:r day of county , JJou. and acknowledged the ,~. ~CO() q -23--0 1 My Commission Expires: s:\forrns\adls.app revised 01/07/97 '::;' .,... ,A.) Dobosiewicz, Jon C U From: Sent: To: Subject: Fahey, Joyce D Friday, February 14, 2003 3:08 PM Dobosiewicz, Jon C; Lillig, Laurence M; Hollibaugh, Mike P; Brewer, Scott I; Pattyn, Dawn E New Submittal Meridian North Medical DP/ADLS Adam DeHart ,Clo ~ f"o~ \ S ~C- ~\.. Received Friday, 2114 The new file is on the PC shelf behind my desk. ~;f~ Zhj" Planning and Zoning Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 317/571-2417 (Phone) 317/571-2426 (Fax) Email: jfahey@cf.carmel.in.us 1 u u KEELER-WEBB ASSOCIATES Consulting P,ngineers-pfanners-Surveyors 486 GRADLE DRIVE - CARMEL, INDIANA 46032 PHONE (317) 574-0140 - FAX (317) 574-1269 February 13, 2003 ~ RECflVED FEB 14 2003 DOCS Mr. Jon Dobosiewicz City of Carmel One Civic Square Carmel, Indiana 46032 Re_: MERIDIAN NORTH MEDICAL 136m Street f North Meridian Street Carmel, Indiana KVVA Project No.: 0010-034 REQUEST TO BE HEARD This project was submitted for review at the December 20, 2000 TAC. meeting for ADLS and Development Plan approval of the above facility. Due to issues involving the leasing of the property, this project was tabled until further notice. We respectfully request to placed on the next TAC. agenda in order to attend the April 15, 2003 Plan Commission meeting. The following items (2 each) are included in this submittal: 1 . Revised ADLA application 2. Revised DP application 3. Project Narrative 4. Construction Documents including Landscaping and Signage 5. Building elevations 6. Dumpster enclosure detail 7. Adjoiner List 8. Copy of deed 9. Copy of survey splitting the property A digitally prepared colored rendering will be forwarded within 10 days. This project is very time sensitive because of executed leases and contracts. Once we obtain a recommendation of approval from the Plan Commission Commercial Site review committee. we request to be heard at the next available Plan Commission meeting held on May 20, 2003. If you have any questions, require any additional documentation, or comments, please do not hesitate to contact our office at any time and we will respond rapidly with any request. Respectfully, KEELER-WEBB ASSOCIATES 4LhdJ- Adam DeHart. LS Project Manager 0010-034c.doc 1 U OUL Y ENTERED FOR T AXATlON SU~~ final mnce for transfer _ , day of t:.L t 20L ~ ' ,.'" ~ ;>',,11 11 Auditor ! ',' " ' ~ ' '.,.:~ 'JtI (JI Hamilloll COIln1Y , OLc~Nt\) r'\ '. Ie r1-tJ)~') :.)-QlJ ~{.. I" r~~ \~ 1W~~ ParC~,lF - - - - D()C~ ;;;- .... . {'. IVJ )~ V~f ' , ' ~ u c9 ~, /;;-:) :~:Y 2(IOt)00031 (.03 Filed for Re~ord in HAMII.TON COllNTY, tNnTANA MARY L Cl.f.\RK On Of.--2A' 20('(1 At 03~':-:F' ~.. CORP W Or.FO 18.00 CORPORATE WARRANTY DEED "-, THIS INDENTURE WtTNESSES that Kleck Associates, Inc., an Indiana corporation . ("~raDtor"), CONVEYS AND WARRANTS to McCordsville Partners, LLC, an Indiana limited liability company, for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged. the real estate described in Exbibit "A" attached hereto and incorporated herein, located in Hamilton County, in the State of Indiana, together with all rights, interests, and easements appurtenant thereto ("Real Estate") free and clear of all liens and encumbrances, except as follows: 1. Real estate taxes and assessments for the second half of 1999 due and payable in November 2000, and all real estate taxes and assessments subsequent thereto. 2. All roads, rights.of.way and highways of record. 3. Easement Agreement between K.A.I. SEP Retirement Trust and BP Investments, Inc. dated October 2, 1996, and recorded October 8, 1996, as [nstroment No. 96-42719. 4. Set.back and use restrictions; possible assessments, maintenance and reconstruction; and all rights of others entitled to the continued uninterrupted flow of water through the Hunters Knoll Drain, a legal drain (I.c. (1981) 36-9-27-33 et scq.). 5. Water Line Easement to Hamilton Western Utilities, Inc. dated March 27, 1986, and recorded April 17, 1986, in Easement Record 3, Page 990, as Instroment No. 8606347. 6. Pipeline Easement to Shell Petroleum Corporation recorded December 30, 1937, in Miscellaneous Record 33, Page 365, and Receipt for Additional Consideration recorded December 31, 1968. in Miscellaneous Record 106, Page 8. Reduced by Agreement dated September 25, 1996, and recorded October 8, 1996, as instrument No. 9642715. The undersigned person executing this Deed on behalf of Grantor represents and certifies that he is a duly elected officer of Grantor and has been fully empowered, by proper resolution of the Board of Directors of Grantor to execute and deliver this Deed; that Grantor has full corporate capacity to convey the Real Estate described herein; and that all necessary corporate action for the making of such conveyance has been taken and done. ; , \ u u I . . - j t.~+ . lioJ--) --h nu .t " ~:.o.I?S ~ k"''' ('~U,l -r WlJ ~'(~1(.1.nA C-lru.f J GRANTOR CERTIFIES THAT THERE IS NO INDIANA GROSS INCOME TAX DUE AS A RESULT OF THIS TRANSACTION. IN WITNESS WHEREOF, Grantor has executed this Corporate Warranty Deed this I S day of June, 2000. KLECK AS,2CIATES' mi J!& / " By: - /,.r. 'q],tU<:,". tf'------ r /'1 v' . -'Thomas L. Kleck, President STATE OF INDIANA ) ) 55: COUNTY OF HAMILTON ) , On this ~ day of June in the year 2000 before me, a Notary Public of said State, duly commissioned and sworn, personally appeared Thomas L. Kleck personally known to me to be the person who executed this instrument as the President for and on behalf of Kleck Associates, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal th~ day and year in the certificate first above written. ~) , .' I'.,~ \.- ; ;~ . ;.. :'..... "- ~. ~.~.;\ .J.' .. ".. ..qt_'~ ;.;'. .~~. '. ..~il.~\ ....~"~,. '. '. ~ ~~ ~#jQI} ... .,. . . .(' . s " ;.: '0' ,n . ,IT" .,\. '..;. I)'" " . iii' ,.;>......;~.. f\' ..~:~ '. ~:.~\..;.:.. ~ ',.: .~. .-' My Commission Expires: t.{ I ~ 71 () .)) My Residence is: /Y')lA ,- , .... County, IN Send Tax Statements to: 971.1 D"c.cA~\" Dr !,,'.? 7r'1J','c<j.~C. fc1' '}. 'Z.N ""'1.~'b This Instrument prepared by: Michael T. Crowley, Esq. Paul G. Reis, Esq., LLC 12358 Hancock Street Cannel, IN 46032 2 ., ~XHIBIT A - LEGAL DESCRIPTI~ PARCEL I A PART OF TIlE NORTHWEST QUARTER OF SECTION 25 I TOWNSHIP 18 NORTH, RANGE 3 EAST OF TUE SECOND PRINCIPAL MERIDIAN IN CLAY TOWNSHIP OF HAMILTON COUNTY I INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 19 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN IN CLAY TOWNSHIP OF HAMILTON COUNTY, INDIANA; THENCE NORTH as DEGREES 21 MINUTES 51 SECONDS EAST (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 37.71 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED REAL ESTATE; THENCE CONTINOE NOR'fH aa DEGREES 21 MINUTES 51 SECONDS ~gT 263.29 FEET ALONG SAID NORTH LINE; THENCE SOUTH 01 DEGREES 38 MINUTES 09 SECONDS EAST 52.81 FEET; THENCE SOUTH 19 DEGREES 36 MINUTES 30 SECONDS EAST 57.04 FEET; THENCE SOUTH 68 DEGREES 52 MINUTBS 12 SECONDS WEST 13.32 FEET; THENCE SOUTH 19 DEGREES 52 MINUTES 2~ SECONDS EAST 68.41 FEET; THENCE SOOTH 02 DEGREES S3 MINUTES 30 SECONDS WEST 3.83 FEET; THENCE SOUTH 47 DEGREES 53 MINUTES 3D SECONDS WEST 3.83 FEET; ~JENCE SOUTH 70 DEGRF.ES 23 MINUTES 30 SECONDS WEST 15.00 FEET; THENCE SOUTH 19 DEGREES 36 MINUTES 30 SECONDS BAST 159.51 FEET TO THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY OF u.S. HIGHWAY NO. 31 BEING DELINEATED BY A ~ FEET HIGH CHAIN LINK FENCE; THENCE SOUTH 69 DEGREES 00 MINUTES 34 SECONDS WEST 28<1..62 FEET ALONG SAID RIGHT-OF-WAY AND FENCE TO THE SOUTHgAST CORNER OF REAL ESTATE AS CONVEYBD TO FRANK REGAN PER DBED BOOK 350, PAGE 582 AND FOUND IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE NORTH 08 DEGREES 35 MINUTES 58 SECONDS WEST 436.68 FEET ALONG THE EAST LINE OF SAID REAL ESTATE TO THE ~OINT OF DEGINNING. CONTAINING 2.349 ACRES MORE OR LESS. 'a, .... 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