HomeMy WebLinkAboutApplication
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Babbitt, Pamela A
From:
Sent:
To:
Cc:
Butler, Angelina V
Tuesday, July 27, 2004 11 :25 AM
Babbitt; Pamela A
Morrissey, Phyllis G; pattyn, Dawn E; Tingley, Connie S; Hollibaugh, Mike P; Keeling,
Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; DObosiewicz, Jon C; Stahl,
Gayle H; Pohlman, Jesse M
Docket No. Assignment:(Z,ADLS) 96th Street Office Park (04070037 Z and 04070038 ADLS)
Subject:
Pam,
Please print and fax this e-mail to the P.~titi{)!!~ri~entified below and update the files. I have issued the necessary
Docket Numbers for{Zr,'AI)LS) 96t"hSfte~:t (')t:fice rar'I(..TMy'~ilI be the following:
"D.Q~ket-No:'-0"40i70037Z- ..-- -$750+ $100*3.5 acres= $1100'
Docket N.o: 0407(}0'38 Ants , -.!750
}T(itiit~ee:~.' .. $1,850:00 ~
Docket Nos, 04070037 Z and 04070038 ADLS: 96th Street Office Park
The applicant seeks to rezone approximately 3.5 acres from the S-2/Residence Classification to B-l/Business to
create an office building. The site is located at the northwest comer of Haverstick Rd and 96th 8t.
Filed by Jim Shinaver of Nelson & Frankenberger tor Mr. & Mrs. Tintera.
Petitioner, plcasc notc thc following for the REZONE:
1. This Item has been placed on the August 18 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Friday, August 27. Published notice is
required within the Indianapolis Star.
3. Proof of Notice will need to be received by this Department no later than Noon, Friday, September 17. Failure
to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than Noon, Friday, September 10. Failure to submit Informational Packets by this time will
result in the tabling of the petition to the Tuesday, October 19, agenda of the Plan Commission.
5. The Item will appear on the September 21, 2004 agenda of the Plan Commission under (Public Hearings).
6. The Item will also appear on the Tuesday, October 5, agenda of the Plan Conm1ission Subdivision Committee.
Petitioner. please note the followin2 for ADLS:
1. This Item has been placed on the August 18 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice IS not needed.
3. Proof of Notice is not needed.
4. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than Noon, "Friday, September 10. Failure to submit Packets by this time will result in tabling
of the petition to the Tuesday, October 19, agenda of the Plan Commission.
5. The Item will appear on the September 21, 2004 agenda of the Plan Commission under (New Business).
6. The Item will also appear on the Tuesday, October 5, agenda of the Plan Commission Subdivision Committee.
Petitioner, please complete the fol1owin2:
I.) Provide a copy ofthe official list of adjacent properties from the Hamilton County Auditor.
2.) Please provide a location map, showing adjacent zoning and land uses.
3.) Please fill out the affidavit and have notarized.
4.) Please distribute plans to all TAC members by August 3. TAC member list can be found online at
www.ci.camle1.in.us.
5.) Note: a review letter may be sent prior to the TAC meeting.
Please contactMr. Shinaver at 844-0106 (Fax: 846-8782) with this information. Once the file is updated (copy of fax
filed) please return it to Jon's office. E ~ (Y\~I~ J
Thank you, 7/z. 7
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORA TED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE
~ REZONE APPLICATION -
$750.00 plus $100.00 per acre
(pUD $1,250.00, plus $100.00 per acre)
Date: July 23,2004
Docket No.:
Name of Owner: First National Bank. asTrustee of the Trust
For Susan Max Tintera, Dated January 6. 1.995
c/o John B. Tintera. 2828 N. Cambridge Avenue, Apt. 303
Owner's Address
Phone No.: (773) 529-1473
Chicago,lL 60657
City, State, ZIP
Attorney for Owner: Charles D. Frankenberger, James E. Shinaver Phone No.: (317) 844-0106
Attorney's Address: 3105 E. 98th Street. Suite 170.lndianaoolis. IN 46280
Record of Ownership: Deed Recorded January 12. 1995 as Instrument No. 95-01558
Legal Description (Use additional page(s) if necessary): See Exhibit "A". Parcel 17-14-07-03-09-0] 2.000
Common Address of Property Involved (or General Description ifno Address Exists):
The Real Estate is approximately 3.54 acres in size, more or less. and is located adiacent to and north of
96th Street, west of and adiacentto Haverstick Road. and east of and adiacent to Wild Cherry Lane.
Proposed Zoning Change: From the 82 District to the B 1 District, for the Real Estate.
Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary):
See Exhibit "B"
Revised 0 I !05/04
z:\shared\forms\PC appJ ication\rezone.app
r":\User\Jam:l\Tinler'\'J\Pet Change Zoning Map.doc
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AFFIDA VJT
(l/We), being duly sworn, depose and say that (I/We) (am/are) 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 infonnation herewith submitted are in all respects true and correct to the best of (my or
our) knowledge and belief.
Signature
(types or printed)
Address
City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
Name
Name
Telephone
Telephone
Date
Date
State of [ndiana
County of
)
) SS:
)
Before me the undersigned, a Notary Public for
(officer's county of residence)
County, State of Indiana, personally appeared
and
(name ofperson(s))
acknowledged the execution of the foregoing instrument this
day of
,2004.
My commission expires:
(SEAL and Signature)
(printed or typed)
z:\shared\forms\pc application\rezoneapp
Revised 01/05/04
H\User\Janet\Tintera\Pet. Change Zoning Map.doc
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CASE NO. 04290004
EXHIBIT A - LEGAL DESCRIPTION
A part of the Southwest quarter of Section Seven (7), Township
Seventeen (17) North, Range Four (4) East, described as follows:
Begin Four Hundred and Forty-four (444) feet east of the
Southwest corner of the East half of the Southwest quarter of
Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, and run North Eight Hundred Eighty-five and one-tenth
(885.1) feet to an iron pin, thence East Eight Hundred
Seventy~nine and four tenths (879.4) feet to the east line of
said quarter, thence South on said line Eight Hundred
Seventy-nine and four tenths (879.4) feet to the Southeast
corner of said quarter, thence West to the place of beginning,
containing 17.78 acres, more or less.
EXCEPT: A part of the southwest Quarter of Section Seven (7),
Township Seventeen (17) North, Range Four (4) East, described
as follows: Begin at a point in the center of Wild Cherry Lane,
said point being 577 feet west and 280 feet north of the
Southeast corner of the Southwest quarter of Section Seven (7),
Township Seventeen (17) North, Range Four (4) East; thence North
152.06 feet to a point; thence East on and along the line
between plots, numbering eight (8) and eleven (11) 291 feet to
an iron stake; thence south on the line between plots numbering
seven (7) and eight {8) I 151.58 feet to an iron stake, said
point being the northeast corner of plots number four (4) and
the southeast corner of plot number eight (8) i thence west
291.0 feet to the place of beginning. In Hamilton County,
Indiana, being known as Plot No. 8 in Wild Cherry Plat (not
recorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 740.0 feet West of the Southeast corner of the Southwest
Quarter of Section 7, Township 17 North, Range 4 East, thence
North 305.0 feet to a point; thence West parallel with South
line of Southwest Quarter 138.0 feet to a point; thence South
305.0 feet to the intersection with South line of said Southwest
Quarter; thence East ort and along said South line 138.0 feet to
the place of beginning, in Hamilton County, Indiana. (Also
known as Tract #1 in Wild Cherry Corner, an unrecorded plat)
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EXHIBIT A - CONT'D
ALSO EXCEPT: A part of the Southwest quarter of Section 7,
Township 17 Northr Range 4 East, described as follows:
Begin at a point in the center of wild Cherry Lane. This point
being 577.0 feet West and 432.06 feet North of the Southeast
Corner of the Southwest quarter of Section 7, Township 17
North, Range 4 East, thence North along the center line of this
drive 152.06 feet to a pointr thence East 291.0 feet to an iron
stake, thence South parallel with the West line of this tract
151.58 feet to an iron stake, thence West 291.0 feet to the
place of beginning. (This plot known as tract #11 wild Cherry
Corner, unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 Northr Range 4 East} described as follows:
Begin 280 feet North of the Southeast corner of the Southwest
Quarter of said Section, thence West 286.5 feeti thence North
151.1 feet; thence East 286.75 feet; thence South 151.1 feet to
the place of beginning. Also known as Tract 7} Wild Cherry
Corner in Hamilton County, Indiana (unrecorded).
ALSO EXCEPT: A part of the South half of the Southwest quarter
of Section Seven {7)} Township Seventeen (17) North, Range Four
(4) East, described as follows:
Begin at a point 431. 1 feet north of the southeast corner of
the southwest quarter of Section 7, Township 17 North, Range 4
East, thence west parallel with the south line of said quarter
286.75 feet to a point, thence north 151.58 feet to a point}
thence cast 287.0 feet to intersection with west line of said
quarter section} thence south 151.1 feet to the place of
beginning in Hamilton County, Indiana. This plot known as Tract
#12 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East} described as follows:
Begin at an iron stake 602.0 feet West and 280.0 feet North of
the Southeast corner of Southwest Quarter of Section 7r
Township 17 North, Range 4 East. Said point being the Southeast
corner of Lot #9 of a unrecorded plat known as Wild Cherry
Corner, thence West parallel with South line of said Southwest
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EXHIBIT A - CONT'D
Quarter 276.0 feet to iron stake, thence North on and along the
West line of said Lot #9 152.65 feet to a point, thence East
276.0 feet to Northwest corner of said Lot #9 thence South
152.15 feet to place of beginning. (This plot known as Tract #9
Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section Seven
(7), Township Seventeen (17) North, Range Four (4) East,
described as follows:
Begin at a point in center Wild Cherry Lane, said point being
577.0 feet west of the Southeast corner of the Southwest
quarter of Section 7, Township 17 North, Range 4 East, thence
North on and along said center line 305.0 feet to a point;
thence West parallel with South line of said Southwest Quarter
163.0 feet to a point, thence South parallel with centerline of
said lane 305.0 feet to the intersection with the: south line
of said South Quarter, thence East on and along said South line
163.0 feet to place of beginning. (This plot known as Tract #2
wild Cherry Corner (unrecorded).
ALSO EXCEPT~ Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Beginning at an iron stake 602.0 feet West and 432.15 feet
North of the Southeast corner of Southwest Quarter of Section
7, Township 17 North, Range 4 East, said point being the
Southeast corner of Lot #10 of an unrecorded plat known as wild
Cherry Cornerj thence West 276.0 feet to a pointj thence North
on West line of said Lot 152.65 feet to a point; thence East
276.0 feet to a point; thence South 152.15 feet to place of
beginning, containing .964 acre, mare or less. (This plot known
as Tract #10 wild Cherry Corner (unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in the center of wild Cherry Lane, which is
577.0 feet West and 584.12 feet North of the Southeast corner
of the Southwest Quarter of Section 7, Township 17 North, Range
4 East, run thence East 291.0 feet to an iron stake, thence
North 149.0 feet to an iron stake, thence West 291.0 feet to a
point in the center of Wild Cherry Lane, thence South along
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EXHIBIT A ~ CONT'D
this center line 149.0 feet to the place of beginning.
Containing .995 acres more or less, in Hamilton County,
Indiana. (This plot known as Tract #14 Wild Cherry Corner
(unrecorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
BEGIN at a point 577.0 feet West and 584.2 feet North of the
Southeast corner of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, thence North 149.0 feet to a
paint, thence West 301.0 feet to an iron stake, thence South
parallel with the East line of this tract 149.0 feet to an iron
stake, thence East 301.0 feet to the place of beginning. (This
plot known as Tract #15 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in Wild Cherry Lane which is 577.0 feet West
and 733.12 feet North of the Southeast corner of the Southwest
Quarter of Section 7, Township 17 North, Range 4 East. Run
thence west 301.0 feet to an iron stake. Thence North 149.0
feet to an iron stake. Thence East 301.0 feet to the center of
wild Cherry Lane. Thence South 149.0 feet to the place of
beginning. Containing 1.03 acres more or less. (This plot known
as Tract # 16 wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Hamilton County, Indiana,
more particularly described as follows:
Beginning 731.2 feet north of the Southeast corner of the
Southwest Quarter of Section 7, Township 17 North, Range 4
East; thence north 149 feet; thence west 387.4 feet; thence
south 149 feet to an iron stake; thence east 387.4 feet to the
place of beginning in Hamilton County, Indiana. (This plot known
as all Tract #18 and part Tract #17 Wild Cherry Corner
(unrecorded)
ALSO EXCEPT: Beginning 582.2 feet North of the Southeast comer
of the Southwest Quarter of Section 7, Township 17 North, Range
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EXHIBIT A - CONTrD
4 East, thence North 149.0 feet; thence West 287.4 feetJ thence
South 149.0 feet; thence East 287.4 feet to the place of
beginning in Hamilton County, Indiana, Also known as Plot 13 in
Wild Cherry Corner, an unrecorded plat.
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Beginning 880.2 feet North and 387.4 feet West of the Southeast
comer of the Southwest Quarter of Section 7J Township 1.7 North,
Range 4 East, thence South 149.0 feet to an iron stake; thence
West 191.0 feet to the centerline of wild Cherry Lane; thence
North on and along the centerline of Wild Cherry Lane 149.0
feet to a point in the South line of Chesterton First Section
Amended as per plat thereof, recorded in the Office of the
Recorder in Hamilton County, Indiana; thence East on and along
with said South line 191JO feet to an iron stake and also the
place of beginning, containing in all 0.65 acres, more or less,
(This plot known as Part Tract #17 Wild Cherry Corner
(unrecorded) .
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DOCKET NO.:
FEE: $750.00
(Plus $100.00 per acre when NOT accompanied by i:l Development Plan)
Name of Project: Susan Tintern and John Tintera - 96th Street Office Park
Address: The real estate is located adiacent to and north of 96th Street. west of and adiacent to Haverstick
Road. and east of and adjacent to Wild Cherry Lane.
Type of Project: Office Park Development
Applicant: Susan Tintera and Max Tintern
Phone No.
Contact Person: John Tintern
Phone No. (773) 529-1473
Address: 2828 N. Cambridge Avenue. Apt. 303. Chicago. IL 60657
Legal Description: To be typewritten on a separate sheet
Area (in acres) ;;\: 3.54 (more or less) Zoning Current Zoning is S-2: Applicant and Owner are seeking
Rezone to B-1 zoning classification
Owner of Real Estate: First National Bank. as Trustee of the Trust for Susan Max Tintera, Dated
January 6. 1995
Clay Township: Yes Annexation: ~ or N
Carmel:
Other Approvals Needed: Rezone ApJ2roval- filed rezone petition on July 23. 2004
PARKING
No. of Spaces Provided: See attached plans
No. Spaces Required:
DESIGN INFORMATION
Type of Building: Office Building
No.ofBuil.dings:
Square Footage: + 29.000
Height: See attached plan
No. of Stories: See attached plan
Exterior Materials: See attached plan Colors: See attached plan
Maximum No. of Tenants: To be determined
Type of Uses: Uses permitted pursuant to rezone
application
Water by:
Sewer by:
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LIGHTING
Type of Fixture: See attached plan
Height of Fixture: See attached plan
No. of Fixtures: See attached plan
Additional Lighting: See attached plan
* Plans to be submitted showingfoot candle spread at property lines, per Ordinance.
SIGNAGE
No. of Signs: See attached plan
Type of Signs: See attached plan
Location(s): See attached plan
Dimensions of each sign: See attached plan
Square Footage of each sign: See attached plan
Total Height of each sign: See attached plan
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.
Signature of Applicant
Title
(Print)
Date
*************************************************************************************
State of [ndiana,
SS:
County of
Before me the undersigned, a Notary Public for
County,
State of Indiana, personally appeared
and acknowledged the
execution for the foregoing instrument this
day of
,2004.
My Commission Expires:
Notary Public
Z:sharcdlrorms\PC application\adlsappdoc.
3/2812004
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EXHIBIT "B"
Comprehensive Plan Compliance Statement
The Comprehensive Plan, for the Real Estate in question, seems to suggest
classifying the Real Estate as an edge between the Residential Community area and the
Regional/Community Employment area. Further, it appears that the underlying maps
contained within the Comprehensive Plan (page 4-7 and page 4-9) seem to extend the
Regional/Community Employment area to Haverstick Road, creating an "edge area"
between the Residential Community area and the Regional/Community Employment
area.
While the AppLicant understands the importance of the designation in the
Comprehensive PLan as it reLates to the Real Estate in question, the AppLicant also asserts
that the changed and changing circumstances in the areas adjacent to the ReaL Estate in
question are also relevant factors. The Applicant also asserts that the proposed rezone
request for the Real Estate will create an appropriate buffer and transition for this "edge
area" between Residential Community and Regional/Community Employment area.
The Applicant will be supplementing this Comprehensive Plan Compliance Statement
with a more detailed statement prior to the occurrence of the public hearing on this
matter.
H:\Janet\Tintera\Compliance SlatcmcnLdoc
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PETITIONER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, Susan Max Tintera and John B. Tintera (collectively referred to as the
"Tinteras"), being the Petitioners in regard to the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and
direct the law firm of Nelson & Frankenberger, P.C. ("NF") and the Schneider Corporation
("Schneider"), along with their 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 the Tinteras with respect to the
Real Estate including, without limitation, (i) approvals of changes in zoning classification
or rezones, necessary to permit the development of the Real Estate for an office
development per the terms of the appropriate zoning classification pursuant to the Zoning
Ordinance for the City of Carmel (hereafter "Rezone Application"), the terms and
conditions of which shall be determined by the Tintera's sole discretion, and (ii) all
secondary approvals including, without limitation, preliminary (primary) development
plan approvals, detailed (secondary) development plan approvals, improvement location
permits, and all other approvals and permits required by the Rezone Application, the City
of Carmel and/or the Zoning Ordinance for the City of Carmel and deemed necessary by
the Tinteras to further develop the Real Estate per the terms of the Rezone Application
(collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by the Tinteras to obtain the Approvals.
3. The undersigned, being duly sworn, deposes and says 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 the undersigned's knowledge and belief.
Further to this Petitioner's Consent and Joinder in Petitions; the undersigned
acknowledge that this Petitioner's Consent and Joinder in Petitions shall constitute the execution
by the undersigned of all such Petitions filed by the Tinteras, now or in the future, in furtherance
of the Approvals.
Date: ;7;;'2 oj r:Y(7I:f(
Date: 7 / QrL7,I2.007/
/4~n/ llJJyL :Z~&.--
Susan Max Tintera /
_~-o7P~I)ny:1: ~
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Parcel No. 17-14-07-03-09-012.000
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STATE OF 'Xnd,'O\ r\0\.
COUNTY OF ll't\ non
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)
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Susan Max Tintera and John B. Tintera, who acknowledged execution of this
Petitioner's Consent and Joinder in Petitions.
Witness my hand and Notarial Seal this )OJ
day ofJU \y'
.
2004.
My Commission Expires:
LL1~1l1~
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Notary Public
CBeY\OIRes. id~ce:
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Printed Name
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CASE NO. 0429QC~
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EXHIBIT A - LEGAL DESCRIPTION
A part of the Southwest quarter of Section Seven (7), Township
Seventeen (17) North! Range Four (4) East, described as follows:
Begin Four Hundred and Forty-four (444) feet east of the
Southwest corner of the East half of the Southwest quarter of
Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, and run North Eight Hundred Eighty-five and one-tenth
(885.1) feet to an iron pin, thence East Eight Hundred
Seventy-nine and four tenths (879.4) feet to the east line of
said quarter, thence South on said line Eight Hundred
Seventy-nine and four tenths (B79.4) feet to the Southeast
corner of said quarter, thence West to the place of beginning,
containing 17.78 acres! more or less.
EXCEPT: A part of the southwest Quarter of Section Seven (7),
Township Seventeen (17) North! Range Four (4) East, described
as follows: Begin at a point in the center of Wild Cherry Lane,
said point being 577 feet west and 280 feet north of the
Southeast corner of the Southwest quarter of Section Seven (7),
Township Seventeen (17) North, Range Four (4) East; thence North
152.06 feet to a point; thence East on and along the line
between plots, numbering eight (8) and eleven (11) 291 feet to
an iron stake; thence south on the line between plots numbering
seven (7) and eight (8) j 151.5B feet to an iron stake, said
point being the northeast corner of plots number four (4) and
the southeast corner of plot number eight {8) i thence west
291.0 feet to the place of beginning. In Hamilton County,
Indiana, being known as Plot No. 8 in Wild Cherry Plat (not
recorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 740.0 feet West of the Southeast corner of the Southwest
Quarter of Section 7, Township 17 North, Range 4 East, thence
North 305.0 feet to a point; thence West parallel with South
line of Southwest Quarter 138.0 feet to a point; thence South
305.0 feet to the intersection with South line of said Southwest
Quarter; thence East on and along said South line 138.0 feet to
the place of beginning, in Hamilton County, Indiana. (Also
known as Tract #1 in Wild Cherry Corner, an unrecorded plat)
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EXHIBIT A - CONTID
ALSO EXCEPT: A part of the Southwest quarter of Sect.:.on 7,
Township 17 North, Range 4 East, described as follows;
Begin at a point in the center of Wild Cherry Lane. This point
being 577.0 feet West and 432.06 feet North of the Southeast
Corner of the Southwest quarter of Section 7, Township 17
North, Range 4 East, thence North along the center line of this
drive 152.06 feet to a point, thence East 291.0 feet to an iron
stake, thence South parallel with the West line of this tract
151.58 feet to an iron stake, thence West 291.0 feet to the
place of beginning. (This plot known as tract #11 Wild Cherry
Corner, unrecorded)
ALSO EXCEPT; A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 280 feet North of the Southeast corner of the Southwest
Quarter of said Section, thence West 286.5 feet; thence North
151.1 feet; thence East 286.75 feet; thence South 151.1 feet to
the place of beginning. Also known as Tract 7, wild Cherry
Corner in Hamilton County, Indiana (unrecorded).
ALSO EXCEPT: A part of the South half of the Southwest quarter
of Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, described as follows:
Begin at a point 431.1 feet north of the southeast corner of
the southwest quarter of Section 7, Township 17 North, Range 4
East, thence west parallel with the south line of said quarter
286.75 feet to a point, thence north 151.5B feet to a point,
thence cast 287.0 feet to intersection with west line of said
quarter section, thence south 151.1 feet to the place of
beginning in Hamilton County, Indiana. This plot known as Tract
#12 Wild Cherry Corner (unrecorded).
ALSO EXCEPT; A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at an iron stake 602.0 feet West and 280.0 feet North of
the Southeast corner of Southwest Quarter of Section 7,
Township 17 North, Range 4 East. Said point being the Southeast
corner of Lot #9 of a unrecorded plat known as Wild Cherry
Corner, thence West parallel with South line of said Southwest
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EXHIBIT A - CONT!D
Quarter 276.0 feet to i.ronstake, thence North on and along the
West line of said Lot #9 152.65 feet to a point, thence East
276.0 feet to Northwest corner of said Lot #9 thence South
152.15 feet to place of beginning. (This plot known as Tract #9
Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section Seven
(7), Township Seventeen (17) North, Range Four (4) East,
described as follows:
Begin at a point in center Wild Cherry Lane, said point being
577.0 feet west of the Southeast corner of the Southwest
quarter of Section 7, Township 17 North, Range 4 Bast, thence
North on and along said center line 305.0 feet to a point;
thence West parallel with South line of said Southwest Quarter
163.0 feet to a point, thence South parallel with centerline of
said lane 305.0 feet to the intersection with the: south line
of said South Quarter, thence East on and along said South line
163.0 feet to place of beginning. (This plot known as Tract #2
wild Cherry Corner (unrecorded).
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Beginning at an iron stake 602.0 feet West and 432.15 feet
North of the Southeast corner of Southwest Quarter of Section
7( Township 17 North, Range 4 East, said point being the
Southeast corner of Lot #10 of an unrecorded plat known as wild
Cherry Corner; thence West 276.0 feet to a pointi thence North
on West line of said Lot 152.65 feet to a point; thence East
276.0 feet to a pointi thence South 152.15 feet to place of
beginning, containing .964 acre( more or less. (This plot known
as Tract #10 Wild Cherry Corner (unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 Bast, described as follows:
Begin at a point in the center of Wild Cherry Lane, which is
577.0 feet West and 584.12 feet North of the Southeast corner
of the Southwest Quarter of Section 7, Township 17 North, Range
4 East, run thence East 291.0 feet to an iron stake, thence
North 149.0 feet to an iron stake, thence West 291.0 feet to a
point in the center of wild Cherry Lane, thence South along
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EXHIBIT A - CONTID
this center line 149.0 feet to the place of beginning.
Containing .995 acres more or less, in Hamilton County,
Indiana. (This plot known as Tract #14 Wild Cherry Corner
(unrecorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
BEGIN at a point 577.0 feet West and 584.2 feet North of the
Southeast corner of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, thence North 149.0 feet to a
point) thence West 301.0 feet to an iron stake, thence South
parallel with the East line of this tract 149.0 feet to an iron
stake} thence East 301.0 feet to the place of beginning. (This
plot known as Tract #15 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in Wild Cherry Lane which is 577.0 feet West
and 733.l2 feet North of the Southeast corner of the Southwest
Quarter of Section 7, Township l7 North, Range 4 East. Run
thence west 301.0 feet to an iron stake. Thence North 149.0
feet to an iron stake. Thence East 301.0 feet to the center of
Wild Cherry Lane. Thence South 149.0 feet to the place of
beginning. Containing 1.03 acres more or less. (This plot known
as Tract # 16 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Hamilton County, Indiana,
more particularly described as follows:
Beginning 731.2 feet north of the Southeast corner of the
Southwest Quarter of Section 7, Township 17 North, Range 4
East; thence no~th 149 feet; thence west 387.4 feet; thence
south l49 feet to an iron stake; thence east 387.4 feet to the
place of beginning in Hamilton County, Indiana. (This plot known
as all Tract #18 and part Tract #17 Wild Cherry Corner
(unrecorded)
ALSO EXCEPT: Beginning 582.2 feet North of the Southeast comer
of the Southwest Quarter of Section 7, Township 17 North, Range
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EXHIBIT A - CGNTID
4 East, thence North 149.0 feet; thence West 287.4 feet, thence
South 149.0 feet; thence East 287.4 feet to the place of
beginning in Hamilton County, Indiana, Also known as Plot J.3 in
Wild Cherry Corner, an unrecorded plat.
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Beginning 880.2 feet North and 387.4 feet West of the Southeast
comer of the Southwest Quarter of Section 7, Township 17 North,
Range 4 East, thence South 149.0 feet to an iron stake; thence
West 191.0 feet to the centerline of Wild Cherry Lane; thence
North on and along the centerline of Wild Cherry Lane 149.0
feet to a point in the South line of Chesterton First Section
Amended as per plat thereof, recorded in the Office of the
Recorder in Hamilton County, Indiana; thence East on and along
with said South line 191,0 feet to .an iron stake and also the
place of beginning, containing in all 0.65 acres, more or less,
(This plot known as Part Tract #17 wild Cherry Corner
(unrecorded) .
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EXHIBIT A - LEGAL DESCRIPTION
A part of the Southwest quarter of Section Seven (7), Township
Seventeen (17) North, Range Four (4) Eastt described as follows:
Begin Four Hundred and Forty-four (444) feet east of the
Southwest corner of the East half of the Southwest quarter of
Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, and run North Eight Hundred Eighty-five and one-tenth
(885.1) feet to an iron pin, thence East Eight Hundred
Seventy-nine and four tenths (879.4) feet to the east line of
said quarter, thence South on said line Eight Hundred
Seventy-nine and four tenths (879.4) feet to the Southeast
corner of said quarter, thence West to the place of beginning,
containing 17.78 acres, more or less.
EXCEPT: A part of the southwest Quarter of Section Seven (7)t
Township Seventeen (17) North, Range Four (4) East, described
as follows: Begin at a point in the center of Wild Cherry Lane,
said point being 577 feet west and 280 feet north of the
Southeast corner of the Southwest quarter of Section Seven (7) I
Township Seventeen (17) Northl Range Four (4) Eastj thence North
152.06 feet to a point; thence East on and along the line
between plotsl numbering eight (8) and eleven (11) 291 feet to
an iron stake; thence south on the line between plots numbering
seven (7) and eight (8) J 151.58 feet to an iron staker said
point being the northeast corner of plots number four (4) and
the southeast corner of plot number eight (8); thence west
291.0 feet to the place of beginning. In Hamilton County,
Indiana, being known as Plot No. 8 in Wild Cherry Plat (not
recorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 Northl Range 4 East, described as follows:
Begin 740.0 feet West of the Southeast corner of the Southwest
Quarter of Section 7, Township 17 North, Range 4 East, thence
North 305.0 feet to a pointj thence West parallel with South
line of Southwest Quarter 138.0 feet to a point; thence South
305.0 feet to the intersection with South line of said Southwest
Quarter; thence East on and along said South line 138.0 feet to
the place of beginning, in Hamilton CountYt Indiana. (Also
known as Tract #1 in wild Cherry Corner, an unrecorded plat)
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EXHIBIT A - CONT'D
ALSO EXCEPT: A part of the Southwest quarter of Section 7,
Township 17 North, Range 4 East, described as follO\'ls:
Begin at a point in the center of Wild Cherry Lane. This point
being 577.0 f12et West and 432.06 feet North of the Southeast
Corner of the Southwest quarter of Section 7, Township 17
North, Range 4 East, thence North along the center line of this
drive 152.06 feet to a point, thence East 291.0 feet to an iron
stake, thence South parallel with the West line of this tract
151.58 feet to an iron stake, thence West 291.0 feet to the
place of beginning. (This plot known as tract #11 Wild Cherry
Corner, unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 280 feet North of the Southeast corner of the Southwest
Quarter of said Section, thence West 286.5 feet; ,thence North
151.1 feet; thence East 286.75 feet; thence South 151.1 feet to
the place of beginning. Also known as Tract 7, Wild Cherry
Corner in Hamilton County, Indiana (unrecorded).
ALSO EXCEPT; A part of the South half of. the South\'/'est quarter
of Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, described as follows:
Begin at a point 431.1 feet north of the southeast corner of
the southwest quarter of Section 7, Township 17 North, Range 4
East, thence west parallel with the south line of said quarter
286.75 feet to a point, thence north 151.58 feet to a point,
thence cast 287.0 feet to intersection with west line of said
quarter section, thence south 151.1 feet to the place of
beginning in Hamilton County, Indiana. This plot known as Tract
#12 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at an iron stake 602.0 feet West and 280.0 feet North of
the Southeast corner of Southwest Quarter of Section 7,
Township 17 North, Range 4 East. Said point being the Southeast
corner of Lot #9 of a unrecorded plat known as Wild Cherry
Corner, thence West parallel with South line of said Southwest
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EXHIBIT A - CONT'D
Quarter 276.0 feet to i.ron stake, thence North on and along the
West line of said Lot #9 152.65 feet to a point, thence East
276.0 feet to Northwest corner of said Lot #9 thence South
152.15 feet to place of beginning. (This plot known as Tract #9
Wild Cherry Corner (unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section Seven
(7), Township Seventeen (17) North, Range Four (4) East,
described as follows:
Begin at a point in center Wild Cherry Lane, said point being
577.0 feet west of the Southeast corner of the Southwest
quarter of Section 7, Township 17 North, Range 4 East, thence
North on and along said center line 305.0 feet to a point;
thence West parallel with South line of said Southwest Quarter
163.0 feet to a point, thence South parallel with centerline of
said lane 305.0 feet to the intersection with the: south line
of said South Quarter, thence East on and along said Souch line
163.0 feet to place of beginning. (This plot known as Tract #2
wild Cherry Corner (unrecorded).
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Beginning at an iron stake 602.0 feet West and 432.15 feet
North of the Southeast corner of Southwest Quarter of Section
7, Township 17 North, Range 4 East, said point being the
Southeast corner of Lot #10 of an unrecorded plat known as Wild
Cherry Corner; thence West 276.0 feet to a point; thence North
on West line of said Lot 152.65 feet to a point; thence East
276.0 feet to a point; thence South 152.15 feet to place of
beginning, containing .964 acre, more or less. (This plot known
as Tract #10 wild Cherry Corner (unrecorded)
ALSO EXCEPT: A parc of the Souchwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in the center of wild Cherry Lane, which is
577.0 feet West and 584.12 feet North of the Southeast corner
of the Southwest Quarter of Section 7, Township 17 North, Range
4 East, run thence East 291.0 feet to an iron stake, thence
North 149.0 feet to an iron stake, thence West 291.0 feet to a
point in the center of Wild Cherry Laner thence South along
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EXHIBIT A - CONTID
this center line 149.0 feet to the place of beginning.
Containing .995 acres more or less, in Hamilton County,
Indiana. (This plot known as Tract #14 Wild Cherry Corner
(unrecorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
BEGIN at a point 577.0 feet West and 534.2 feet North of the
Southeast corner of the Southwest Quarter of Section 7,
Township 17 North, Rang.e4 East, thence North 149.0 feet to a
point; thence West 301.0 feet to an iron stake, thence South
parallel with the East line of this tract 149.0 feet to an iron
stake, thence East 301.0 feet to the place of beginning. (This
plot known as Tract #15 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in Wild Cherry Lane whiCh is 577.0 feet West
and 733.12 feet North of the Southeast corner of the Southwest
Quarter of Section 7/ Township 17 North, Range 4 East. Run
thence west 301.0 feet to an iron stake. Thence North 149.0
feet to an iron stake. Thence East 301.0 feet to the center of
Wild Cherry Lane. Thence South 149.0 feet to the place of
beginning. Containing 1.03 acres more or less. (This plot known
as Tract # 16 wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 Northl Range 4 East in Hamilton County, Indiana,
more particularly described as follows:
Beginning 731.2 feet north of the Southeast corner of the
Southwest Quarter of Section 7, Township 17 North, Range 4
East; thence north 149 feet; thence west 387.4 feet; thence
south 149 feet to an iron stake; thence east 387.4 feet to the
place of beginning in Hamilton County, Indiana. (This plot known
as all Tract #18 and part Tract #17 wild Cherry Corner
(unrecorded)
ALSO EXCEPT: Beginning 582.2 feet North of the Southeast comer
of the Southwest Quarter of Section 7, Township 17 North/ Range
-4-
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EXHIBIT A - CONTID
4 East, thence North 149.0 feet; thence West 287.4 feet, thence
South 149.0 feet; thence East 287.4 feet to the place of
beginning in Hamilton County, Indiana, Also known as Plot ]3 in
Wild Cherry Corner, an unrecorded plat.
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Beginning 880_2 feet North and 387.4 feet West of the Southeast
comer of the Southwest Quarter of Section 7, Township 17 North,
Range 4 East, thence South 149.0 feet to an iron stake; thence
West 191.0 feet to the centerline of wild Cherry Lane; thence
North on and along the centerline of Wild Cherry Lane 149.0
feet to a point in the South line of Chesterton First Section
Amended as per plat thereof, recorded in the Office of the
Recorder in Hamilton County, Indiana; thence East on and along
with said South line 191,0 feet to an iron stake and also the
place of beginning, containing in all 0.65 acres, more or less,
(This plot known as Part Tract #17 wild Cherry Corner
(unrecorded) .
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OWNER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner 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 Susan Max Tintera and John B. Tintera (collectively referred to as the "Tinteras"), along
with their 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 the Tinteras with respect to the
Real Estate including, without limitation, (i) approvals of changes in zoning classification
or rezones, necessary to pernlit the development of the Real Estate for an office
development per the terms of the appropriate zoning classification pursuant to the Zoning
Ordinance for the City of Cannel (hereafter "Rezone Application"), the ternlS and
conditions of which shall be determined by the Tintera's sole discretion, and (ii) all
secondary approvals including, without limitation, preliminary (primary) development
plan approvals, detailed (secondary) development plan approvals, improvement location
permits, and all other approvals and permits required by the Rezone Application, the City
of Carmel and/or the Zoning Ordinance for the City of Carmel and deemed necessary by
the Tinteras to further develop the Real Estate per the terms of the Rezone Application
(collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Camlel
Plan Commission, and its committees, and the Common Council for the City of Carmel,
and its committees, and any other agency, and any other municipal or State agencies, and
to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by the Tinteras to obtain the Approvals.
3. The undersigned, being duly sworn, deposes and says that it is the owner of the real estate
and that the foregoing signatures, statements, and answers herein contained and the
infornlatiOl1 herewith submitted are in all respects true and correct to the best of the
undersigned's knowledge and belief
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 slich Petitions filed by the Tinteras, now or in the future, in furtherance of the
Approvals.
Date: 1-/0/fJ 4-
FIRST NATIONAL BANK, AS TRUSTEE OF
THE TRUST FOR SUSAN MAX TINTERA,
DATED JANUARY 6,1995
By: ~a)(jLj/[if Wr;:lJtu:l1f~ lip
Catherine Borkowski I
Vice President & Trust Officer
Parcel No. 17-14-07-03-09-012.000
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STATE OF INDIANA )
) SS:
COUNTY OF HAMIL TON )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Catherine Borkowski, the Vice President & Trust Officer of First National Bank, as
Trustee of the Trust for Susan Max Tintera, Dated January 6, 1998, who acknowledged
execution of this Owner's Consent and Joinder in Petitions.
Witness my hand and Notarial Seal this
/t;l1, day of
crtl t- V
,
2004.
,/a~,
Notary Public ;!!/
Sntl/!-N 11/4 t WA.'V
Printed Name
County of Residence:
I-r/N1,1/1- TlJN
I
H:Vanet\Tintera\Owner's Consent-I" Ntl. Bankdoc
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Cl;.S:8 J..70.
EXHIBIT A - LEGAL DESCRIPTION
A part of the Southwest quarter of Section Seven (7), Township
Seventeen (17) North, Range Four (4) East, described as follows:
Begin Four Hundred and Forty-four (444) feet east of the
Southwest corner of the East half of the Southwest quarter of
Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, and run North Eight Hundred Eighty-five and one-tenth
(885.1) feet to an iron pin, thence East Eight Hundred
Seventy~nine and four tenths (879.4) feet to the east line of
said guarter[ thence South on said line Eight Hundred
Seventy-nine and four tenths (879.4) feet to the Southeast
corner of said quarter, thence West to the place of beginning,
containing 17.78 acres, more or less.
EXCEPT: A part of the southwest Quarter of Section Seven (7),
Township Seventeen (17) North, Range Four {4) East, described
as follows: Begin at a point in the center of Wild Cherry Lane,
said point being 577 feet west and 280 feet north of the
Southeast corner. of the Southwest quarter of Section Seven (7),
Township Seventeen (17) North, Range Four (4) Easti thence North
152.06 feet to a pointi thence East on and along the line
between plots[ numbering eight (8) and eleven (11) 291 feet to
an iron stakei thence south on the line between plots numbering
seven (7) and eight (8), 151.58 feet to an iron stake, said
point being the northeast corner of plots number four (4) and
the southeast corner of plot number eight (8); thence west
291.0 feet to the place of beginning. In Hamilton County,
Indiana, being known as Plot No. 8 in Wild Cherry Plat (not
recorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 740.0 feet West of the Southeast corner of the Southwest
Quarter of Section 7[ Township 17 North, Range 4 East, thence
North 305.0 feet to a pointi thence West parallel with South
line of Southwest Quarter 138.0 feet to a POinti thence South
305.0 feet to the intersection with South line of said Southwest
Quarteri thence East on and along said South line 138.0 feet to
the place of beginning, in Hamilton County, Indiana. (Also
known as Tract #1 in Wild Cherry Corner, an unrecorded plat)
I EXN1T
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EXHIBIT A - CONT'D
ALSO EXCEPT: A part of the Southwest quarter of Sect~on 7,
Township 17 North, Range 4 East, described as follm\l's:
Begin at a point in the center of Wild Cherry Lane. This point
being 577.0 feet West and 432.06 feet North of the Southeast
Corner of the Southwest quarter of Section 7, Township 17
North, Range 4 East, thence North along the center line of this
drive 152.06 feet to a point, thence East 291.0 feet to an iron
stake, thence South parallel with the West line of this tract
151.58 feet to an iron stake, thence West 291.0 feet to the
place of beginning. (This plot known as tract #11 Wild Cherry
Corner, unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 280 feet North of the Southeast corner of the Southwest
Quarter of said Section, thence West 286.5 feet; thence North
151.1 feet; thence East 286.75 feet; thence South 151.1 feet to
the place of beginning. Also known as Tract 7, Wild Cherry
Corner in Hamilton County, Indiana (unrecorded).
ALSO EXCEPT: A part of the South half of the Southwest quarter
of Section Seven (7) { Township Seventeen (17) North, Range Four
(4) East, described as follows;
Begin at a point 431.1 feet north of the southeast corner o~
the southwest quarter of Section 7{ Township 17 North, Range 4
East, thence west parallel with the south line of said quarter
286.75 feet to a point, thence north 151.58 feet to a point,
thence cast 287.0 feet to intersection with west line of said
quarter section, thence south 151.1 feet to the place of
beginning in Hamilton County, Indiana. This p~ot known as Tract
#12 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at an iron stake 602.0 feet West and 280.0 feet North of
the Southeast corner of Southwest Quarter of Section 7,
Township 17 North, Range 4 East. Said point being the Southeast
corner of Lot #9 of a unrecorded plat known as Wild Cherry
Corner, thence West parallel with South line of said Southwest
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EXHIBIT A - CONTID
Quarter 276.0 feet to iron stake, thence North on and along the
West lihe of said Lot #9 152.65 feet to a point, thence East
276.0 feet to Northwest corner of said Lot #9 thence South
152.15 feet to place of beginning. (This plot known as Tract #9
Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section Seven
(7), Township Seventeen (17) North, Range Four (4) East,
described as follows:
Begin at a point in center Wild Cherry Lane, said point being
577.0 feet west of the Southeast corner of the Southwest
quarter of Section 7, Township 17 North, .Range 4 East, thence
North on and along said center line 305.0 feet to a point;
thence West parallel with South line of said Southwest Quarter
163.0 feet to a point, thence South parallel with centerline of
said lane 305.0 feet to the intersection with the: south line
of said South Quarter, thence East on and along said South line
163.0 feet to place of beginning. (This plot known as Tract #2
wild Cherry Corner (unrecorded).
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Beginning at an iron stake 602.0 feet West and 432.15 feet
North of the Southeast corner of Southwest Quarter of Section
7. Township 17 North, Range 4 East, said point being the
Southeast corner of Lot #10 of an unrecorded plat known as wild
Cherry Corner; thence 'West 276.0 feet to a point; thence North
on West line of said Lot 152.65 feet to a point; thence East
276.0 feet to a point; thence South 152.15 feet to place of
beginning, containing .964 acre, more or less. (This plot known
as Tract #10 wild Cherry Corner (unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North/ Range 4 East, described as follows:
Begin at a point in the center of wild Cherry Lane, which is
577.0 feet West and 584.12 feet North of the Southeast corner
of the Southwest Quarter of Section 7, Township 17 North, Range
4 East, run thence East 291.0 feet to an iron stake, thence
North 149.0 feet to an iron stake, thence West 291.0 feet to a
point in the center of wild Cherry Lane. thence South along
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EXHIBIT A - CONTID
this center line 149.0 feet to the place of beginning.
Containing .995 acres more or less, in Hamilton County,
Indiana. (This plot known as Tract #14 vlild Cherry Corner
(unrecorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
BEGIN at a point 577.0 feet West and 584.2 feet North of the
Southeast corner of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, thence North 149.0 feet to a
point, thence West 301.0 feet to an iron stake, thence South
parallel with the East line of this tract 149.0 feet to an iron
stake, thence East 301.0 feet to the place of beginning. (This
plot known as Tract #15 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the southwest quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in Wild Cherry Lane which is 577.0 feet West
and 733.12 feet North of the Southeast corner of the Southwest
Quarter of Section 7, Township 17 North, Range 4 East. Run
thence west 301.0 feet to an iron stake. Thence North 149.0
feet to an iron stake. Thence East 301.0 feet to the center of
Wild Cherry Lane. Thence South 149.0 feet to the place of
beginning. Containing 1.03 acres more or less. (This plot known
as Tract # 16 wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Hamilton County, Indiana,
more particularly described as follows:
Beginning 731.2 feet north of the Southeast corner of the
Southwest Quarter of Section 7, Township 17 North, Range 4
East; thence north 149 feet; thence west 387.4 feet; thence
south 149 feet to an iron stake; thence east 387.4 feet to the
place of beginning in Hamilton County, Indiana. (This plot known
as all Tract #18 and part Tract #17 Wild Cherry Corner
(unrecorded) .
ALSO EXCEPT: Beginning 582.2 feet North of the Southeast comer
of the Southwest Quarter of Section 7, Township 17 North, Range
-4-
..., .--....."......'..".,_. ..-........... ',-"n., ,.,_n ,,,,,,,".,.,._._.
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EXHIBIT A - CONTID
4 East, thence North 149.0 feet; thence West 287.4 feet, thenc~
South 149.0 feet; thence East 287.4 feet to the place of
beginning in Hamilton County, Indiana, Also known as Plot 13 in
Wild Cherry Corner, an unrecorded plat.
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Beginning 880.2 feet North and 387.4 feet West of the Southeast
comer of the Southwest Quarter of Section 7,. Township 1.7 North,
Range 4 East, thence South 149.0 feet to an iron stake; thence
West 191.0 feet to the centerline of Wild Cherry Lane; thence
North on and along the centerline of Wild Cherry Lane 149.0
feet to a point in the South line of Chesterton First Section
Amended as per plat thereof, recorded in the Office of the
Recorder in Hamilton County, Indiana; thence East on and along
with said South line 191,0 feet to an iron stake and also the
place of beginning, containing in all 0.65 acres, more or less,
(This plot known as Part Tract #17 wild Cherry Corner
(unrecorded) .
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'<~~ t1-.;j))RDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
'~~/INDIANA TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF
CARMEL, HAMIL TON COUNTY, INDIANA
1 5t Draft 7/21/04
Sponsor:
ORDINANCE NO.
This is an Ordinance (the "Ordinance") to amend the Official Zoning Map of the
City of Carmel, Hamilton County, Indiana, enacted by the City of Carmel under authority
of Chapter 174 of the Acts of the Indiana General Assembly 1947, as amended (the
"Zoning Ordinance"):
WHEREAS, the Plan Commission of the City of Cannel (the "Commission") has
conducted a public bearing as required by law in regard to the application for a change of
zone district designation filed by First National Bank, as Trustee of the Trust for Susan
Max Tintera, dated January 6, 1995, for the real estate containing approximately 3.54
acres, more or less, legally described on Exhibit "A" hereto, and located in Clay
Township, Carmel, Indiana (the "Real Estate"); and
WHEREAS, the Commission has sent to the Common Council of the City of
Carmel, Indiana (the "Common Council") its favorable recommendation by a vote of
m favor, _ opposed, and _ abstention, adopted on the _ day of
, 2004; and
NOW, THEREFORE, BE IT ORDAINED by the Common Council, meeting in
regular session, that the Zoning Ordinance of said City and the zone map (the "Zone
Map") corresponding to the Zoning Ordinance are hereby amended as follows:
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SECTION 1. OVERALL CLASSIFICATION. The common location of the
subject Real Estate is as follows: approximately 3.54 acres, more or less, located east of
and adjacent to Wild Cherry Lane, west of and adjacent to Haverstick Road, and north of
and adjacent to 96th Street, and legally described on Exhibit "A" which is attached hereto.
Said Real Estate, all of which is located in the zoning jurisdiction of the City of Carmel,
Hamilton County, Indiana, is hereby rezoned from an S-2 Residential zone classification
to a B-1 Business zone classification as designated in said City of Carmel, Indiana's
Zoning Ordinance and pursuant to Docket Number and any zoning
commitments, if any, associated therewith, and the uses set forth in Exhibit "B".which is
attached hereto and incorporated herein by reference (hereafter "Schedule of Permitted
Uses") shall be permitted for the Real Estate.
SECTION 2. Effective Date. This Ordinance shall be in full force and effect
from and after its adoption in accordance with law.
SECTION 3. ENACTMENT. Upon motion duly made and seconded, this
Ordinance was fully passed by the members of the Common Council this _ day of
,2004.
CITY COUNCIL, CITY OF CARMEL, INDIANA
AYE
NAY
BY:
Ron Carter, President
Rick Sharp
Kevin Kirby
Brian Mayo
Joe Griffiths
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Fred Glaser
Mark Ratterman
APPROVED and signed by the Mayor of the City of Carmel, Hamilton County,
Indiana, this _ day of , 2004.
James Branard, Mayor,
City of Carmel, Indiana
ATTEST:
Diana 1. Cordray, Clerk-Treasurer
City of Carmel, Indiana
This Ordinance prepared by: Charles D. Frankenberger and James E. Shinaver
NELSON & FRANKENBERGER
3105 East 98th Street, Suite 170
Indianapolis, IN 46280
H:\lanel\Tinlera\Rezone Ordinance. doc
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EXHIBIT A - LEGAL DESCRIPTION
A part of the Southwest quarter of Section Seven (7), Township
Seventeen (17) Northl Range Four (4) East, described as follows:
Begin Four Hundred and Forty-four (444) feet east of the
Southwest corner of the East half of the Southwest quarter of
Section Seven (7), Township Seventeen (17) North, Range Four
(4) East] and run North Eight Hundred Eighty-five and one-tenth
(885.1) feet to an iron pin, thence East Eight Hundred
Seventy-nine and four tenths (879.4) feet to the east line of
said quarter, thence South on said line Eight Hundred
Seventy-nine and four tenths (879.4) feet to the Southeast
corner of said quarter, thence West to the place of beginning,
containing 17.7B acres, more or less.
EXCEPT: A part of the southwest Quarter of Section Seven (7),
Township Seventeen (17) North, Range Four (4) East, described
as follows: Begin at a point in the center of Wild Cherry Lane,
said point being 577 feet. west and 280 feet north of the
Southeast corner of the Southwest quarter of Section Seven (7),
Township Seventeen (17) North, Range Four (4) East; thence North
152.06 feet to a point; thence East on and along the line
between plots, numbering eight (8) and eleven (11) 291 feet to
an iron stake; thence south on the line between plots numbering
seven (7) and eight (8), 151.58 feet to an iron stake, said
point being the northeast corner of plots number four (4) and
the southeast corner of plot number eight {8); thence west
291.0 feet to the place of beginning. In Hamilton County,
Indiana, being known as plot No. 8 in Wild Cherry Plat (not
recorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 740.0 feet West of the Southeast corner of the Southwest
Quarter of Section 7, Township 17 Northl Range 4 East, thence
North 305.0 feet to a point; thence West parallel with South
line of Southwest Quarter 138.0 feet to a point; thence South
305.0 feet to the intersection with South line of said Southwest
Quarter; thence East on and along said South line 138.0 feet to
the place of beginning, in Hamilton County, Indiana. (Also
known as Tract #1 in Wild Cherry Corner, an unrecorded plat)
JEXirIT
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EXHIBIT A - CONT'D
ALSO EXCEPT: A part of the Southwest quarter of Section 7,
Township 17 North/ Range 4 East/ described as follows:
Begin at a point in the center of Wild Cherry Lane. This point
being 577.0 feet West and 432.06 feet North of the Southeast
Corner of the Southwest quarter of Section 7, Township 17
North, Range 4 East, thence North along the center line of this
drive 152.06 feet to a point, thence East 291.0 feet to an iron
stake, thence South parallel with the West line of this tract
151.58 feet to an iron stake, thence West 291.0 feet to the
place of beginning. (This plot known as tract #11 Wild Cherry
Corner, unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 280 feet North of the Southeast corner of the Southwest
Quarter of said Section, thence West 286.5 feeti thence North
151.1 feeti thence East 286.75 feet; thence South 151.1 feet to
the place of beginning. Also known as Tract 7J Wild Cherry
Corner in Hamilton County, Indiana (unrecorded).
ALSO EXCEPT: A part of the South half of the Southwest quarter
of Section Seven (7)/ Township Seventeen (17) North/ Range Four
(4) East, described as follows:
Begin at a point 431.1 feet north of the southeast corner of
the southwest quarter of Section 7, Township 17 North, Range 4
East, thence west parallel with the south line of said quarter
286.75 feet to a point, thence north 151.58 feet to a point,
thence cast 287.0 feet to intersection with west line of said
quarter section, thence south 151.1 feet to the place of
beginning in Hamilton County, Indiana. This plot known as Tract
#12 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at an iron stake 602.0 feet West and 280.0 feet North of
the Southeast corner of Southwest Quarter .of Section 7,
Township 17 North, Range 4 East. Said point being the Southeast
corner of Lot #9 of a unrecorded plat known as Wild Cherry
Corner, thence West parallel with South line of said Southwest
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EXHIBIT A - CONTID
Quarter 276.0 feet to iron stake, thence North on and along the
West line of said Lot #9 152.65 feet to a point, thence East
276.0 feet to Northwest corner of said Lot #9 thence South
152.15 feet to place of beginning. (This plot knO\>ffi as Tract #9
Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section Seven
(7), Township Seventeen (17) North, Range Four (4) East,
described as follows:
Begin at a point in center Wild Cherry Lane, said point being
577.0 feet west of the Southeast corner of the Southwest
quarter of Section 7, Township 17 North, Range 4 East, thence
North on and along said center line 305.0 'feet to a pointi
thence West parallel with South line of said Southwest Quarter
163.0 feet to a point, thence South parallel with centerline of
said lane 305.0 feet to the intersection with the: south line
of said South Quarter, thence East on and along .said South line
163.0 feet to place of beginning. (This plot known as Tract #2
wild Cherry Corner (unrecorded).
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Beginning at an iron stake 602.0 feet West and 432.15 feet
North of the Southeast corner of Southwest Quarter of Section
7, Township 17 North, Range 4 East, said point being the
Southeast corner of Lot #lO of an unrecorded plat known as Wild
Cherry Corner; thence West 276.0 feet to a point; thence North
on West line of said Lot 152.65 feet to a point; thence East
276.0 feet to a point; thence South 152.15 feet to place of
beginning, containing .964 acre, more or less. (This plot known
as Tract #10 wild Cherry Corner (unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in the center' of wild Cherry Lane, which is
577.0 feet West and 584.12 feet North of the Southeast corner
of the Southwest Quarter of Section 7, Township 17 North, Range
4 East, run thence East 291.0 feet to an iron stake, thence
North 149.0 feet to an iron stake, thence West 291.0 feet to a
point in the center of Wild Cherry Lanet thence South along
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EXHIBIT A - CONT'D
this center line 149.0 feet to the place of beginning.
Containing .995 acres more or less, in Hamilton County,
Indiana. (This plot known as Tract #14 Wild Cherry Corner
(unrecorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
BEGIN at a point 577.0 feet West and 584.2 feet North of the
Southeast corner of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, thence North 149.0 feet to a
point, thence West 301.0 feet to an iron stake, thence South
parallel with the East line of this tract 149.0 feet to an iron
stake, thence East 301.0 feet to the place of beginning. (This
plot known as Tract #15 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the southwest ~larter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in Wild Cherry Lane which is 577.0 feet West
and 733.12 feet North of the Southeast corner of the Southwest
Quarter of Section 7, Township 17 North, Range 4 East. Run
thence west 301.0 feet to an iron .stake. Thence North 149.0
feet to an iron stake. Thence East 301.0 feet to the center of
Wild Cherry Lane. Thence South 149.0 feet to the place of
beginning. Containing 1.03 acres more or less. {This plot known
as Tract # 16 wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Hamilton County, Indiana,
more particularly described as follows:
Beginning 731.2 feet north of the Southeast corner of the
Southwest Quarter of Section 7, Township 17 North, Range 4
East; thence north 149 feet; thence west 387.4 feet, thence
south 149 feet to an iron stake; thence east 387.4 feet to the
place of beginning in Hamilton County, Indiana. (This plot known
as all Tract #18 and part Tract #17 Wild Cherry Corner
(unrecorded)
ALSO EXCEPT: Beginning 582.2 feet North of the Southeast comer
of the Southwest Quarter of Section 7, Township 17 North, Range
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EXHIBIT A - CONTID
4 East, thence North 149.0 feet; thence West 287.4 feet, thence
South 149.0 feet; thence East 287.4 feet to the place of
beginning in Hamilton County, Indiana, Also known as Plot 13 in
Wild Cherry Corner, an unrecorded plat.
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Beginning 880.2 feet North and 387.4 feet West of the Southeast
comer of the Southwest Quarter of Section 7, Township 17 North,
Range 4 East, thence South 149.0 feet to an iron stake; thence
West 191.0 feet to the centerline of Wild Cherry Lane; thence
North on and along the centerline of wild Cherry Lane 149.0
feet to a point in the South line of Chesterton First Section
Amended as per plat thereof, recorded in the Office of the
Recorder in Hamilton County, Indiana; thence East on and along
with said South line 191/0 feet to an iron stake and also the
place of beginning, containing in all 0.65 acres, more or less,
(This plot known as Part Tract #17 wild Cherry Corner
(unrecorded) .
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EXHIBIT "B"
Schedule ofPerrnitted Uses
The following is a schedule of the permitted uses which shall govern. the use and
development of the Real Estate:
Types of Uses
A. Residential Uses Pennitted
N ursing/Reti rernentJConvalescent Facility
B. Office Uses
Clinic or Medical Health Center Pennitted
Research Laboratory/Facility Pennitted
General Offices Pennitted
Professional Office Pennitted
C. Educational Uses
Business School Pennitted
Kindergarten/Preschool Pennitted
D. Cui turallEntertainment
Art Gallery Permitted
Art and Music Center Pennitted
H:\JWlel\Tintera\Ex. B Schedule of Uses,doc
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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
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First National Bank, as Trustee of the Trust for Susan Max Tintera, Dated January 6,
1995 (hereafter, "Tintera"), is the owner of the real estate located in Hamilton County, Indiana,
and described in what is attached hereto and incorporated herein by referenced as Exhibit "A"
(the "Real Estate"), and makes the following Commitments (the "Commitments") to the City of
Carmel Plan Commission (the "Plan Commission") and the Common Council of the City of
Carmel, Indiana (the "Council") for the (name of
development).
Section 1. Cross Reference. These Commitments are made in connection with approvals
obtained under Docket Number and Ordinance Number
Section 2.
reference:
Exhibits. The following exhibits are attached hereto and incorporated herein by
Exhibit "A". Attached hereto and incorporated herein by reference as Exhibit "A" is the
legal description of the real estate (the "Real Estate");
Exhibit "B". Attached hereto and incorporated herein by reference as Exhibit "B" are the
schedule of permitted uses pertaining to the use and development of the Real Estate (the
"Schedule of Permitted Uses");
Section 3. Definitions. Different words and terms are defined throughout these
Commitments and, further, the following definitions shall apply throughout these Commitments:
1. Masonry. Brick, stone, cultured stone, EIFS, stucco, or the equivalent.
2. Preservation Area. The term "Preservation Area" shall mean and refer to the areas
identified on the approved site plan as Preservation Areas.
Section 4. Commitments Aovlicable to Real Estate. The following commitments are
applicable to the Real Estate:
1. Attached hereto as Exhibit "B" is a Schedule of Permitted Uses which shall govern the
use and development of the Real Estate.
2. The permitted exterior building material shall be Masonry, wood, glass, composite lap,
I-Iardi-Plank and/or similar type siding, or shingle siding. Vinyl is not permitted as an
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exterior building material; provided, however, that vinyl-clad windows and soffits shall
be permitted.
3. The roofs on all primary structures shaH be at a pitch of ~ vertical to ~ horizontal
L:--"; provided, however, that ancillary roofs may have a lesser pitch.
Section 5. Preservation Area Commitments. The commitments applicable to Preservation
Areas shall be as follows:
1. The Owner and any builder and/or developer shall endeavor to preserve trees within the
Preservation Areas, and they shall not remove trees within the Preservation Areas, except
under the following conditions:
A. The clearing of underbrush and dead trees shall be allowed;
B. The removal of trees necessary for the installation of utilities, drainage
improvements and infrastructure, and trails and sidewalks shall be allowed; and
C. The removal of trees for public health and safety shall be allowed.
Except as set forth in paragraphs A, B, and C immediately above, each tree within the
Preservation Area which is badly damaged or destroyed by the Owner, builder and/or
developer during the course of construction activities and which is greater than _ U
inches in diameter, measured ~ U inches above the ground, shall be replaced within
one (1) year, by the person or entity causing such damage or destruction, with a tree
which is at least _ L-J inches in diameter measured ~ U inches above the
ground. Any trees which are so replaced and which die within one (1) year of their
planting shall promptly be replaced with a substantially similar tree.
Section 6.
Hindin!!: on Successors
These Commitments are binding on the Owner of the Real Estate, each subsequent Owner of the
Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or
terminated by the Commission. These Commitments may be modified or terminated only by a
decision of the Plan Commission after a public hearing wherein notice as provided by the rules
of the Plan Commission has been made. The provisions of this paragraph 6 notwithstanding,
these Commitments shall terminate as to any part or parts of the Real Estate hereafter reclassified
(rezoned) on the Town's Official Zone Map.
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Section 7.
Effective Date
The Commitments contained herein shall be effective upon the occurrence of all of the following
events:
1. The adoption of an ordinance by the Common Council of the City of Cannel, Indiana,
assigning the requested rezone classification to the Real Estate; and
2. The commencement of the development of the Real Estate in accordance with the
assif:,rrunent of the requested rezone classification.
Section 8.
Recordioe;
The undersigned hereby authorizes the Secretary of the Commission to record these
Commitments in the Office of the Recorder of Hamilton County, Indiana.
Section 9.
Enforcement
These Commitments may be enforced by tbe Commission and the Common Council of the City
of Carmel, Indiana and any property owner within or immediately adjacent to the Real Estate.
IN WITNESS WHEREOF,
these Commitments to be executed as of the date first written above.
, has caused
FIRST NATIONAL BANK, AS TRUSTEE OF
THE TRUST FOR SUSAN MAX TINERA,
DATED JANUARY 6,1995
By:
Catherine Borkowski, Vice President
And Trust Officer
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STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Catherine Borkowski, Vice President and Trust Officer of First National Bank, as
Trustee ofthe Trust for Susan Max Tintera, Dated January 6, 1995, and having been duly sworn,
acknowledged execution of the foregoing Commitments.
Witness my hand and Notarial Seal this
day of
,2004.
My Commission Expires:
Notary Public
Residing in
County
Printed Name
Prepared By: Charles D. Frankenberger and James E. Shinaver, Nelson & Frankenberger, 3105
East 98th Street, Suite 170, Indianapolis, Indiana 46280 (317) 844-0106.
H:\Janetl'l'interaICommitments 072204.doc
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EXHIBIT A - LEGAL DESCRIPTION
A part of the Southwest quarter of Section Seven (7), Township
Seventeen (17) North, Range Four {4) East, described as follows:
Begin Four Hundred and Forty-four (444) feet east of the
Southwest corner of the East half of the Southwest quarter of
Section Seven (7) I Township Seventeen (17) North, Range Four
(4) East} and run North Eight Hundred Eighty-five and one-tenth
(885.1) feet to an iron pin, thence East Eight Hundred
Seventy-nine and four tenths (879.4) feet to the east line of
said quarter, thence South on said line Eight Hundred
Seventy-nine and four tenths (879.4) feet to the Southeast
corner of said quarter, thence West to the place of beginning,
containing 17.7B acres, more or less.
EXCEPT: A part of the southwest Quarter of Section Seven (7),
Township Seventeen (17) North, Range Four (4) East, described
as follows: Begin at a point in the center of Wild Cherry Lane,
said point being 577 feet west and 280 feet north of the
Southeast corner of the South~oJ'est quarter of Section Seven (7),
Township Seventeen (17) North, Range Four (4) East; thence North
152.06 feet to ~ point; thence East on and along the line
between plots, numbering eight (8) and eleven (11) 291 feet to
an iron stake; thence south on the line between plots numbering
seven (7) and eight (8), 151.58 feet to an iron stake, said
point being the northeast corner of plots number four (4) and
the southeast corner of plot number eight (8); thence west
291.0 feet to the place of beginning. In Hamilton County,
Indiana, being known as Plot No. 8 in Wild Cherry Plat (not
recorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 740.0 feet West of the Southeast corner of the Southwest
Quarter of Section 7, Township 17 North, Range 4 East, thence
North 305.0 feet to a pointj thence West parallel with South
line of Southwest Quarter 138.0 feet to a point; thence South
305.0 feet to the intersection with South line of said Southwest
Quarter; thence East on and along said South line 138.0 feet to
the place of beginning, in Hamilton County, Indiana. (Also
known as Tract #1 in Wild Cherry Corner, an unrecorded plat)
EX1rBIT
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EXHIBIT A - CONT'n
ALSO EXCEPT; A part of the Southwest ~larter of Section 7,
Township 17 North, Range 4 East, described as follows;
Begin at a point in the center of wild Cherry Lane. This point
being 577.0 feet West and 432.06 feet North of the Southeast
Corner of the Southwest quarter of Section 7, Township 17
North, Range 4 East, thence North along the center line of this
drive 152.06 feet to a point, thence East 291.0 feet to an iron
stake, thence South parallel with the West line of this tract
151.58 feet to an iron stake, thence West 291.0 feet to the
place of beginning. (This plot known as tract #11 Wild Cherry
Corner, unrecorded)
ALSO EXCEPT; A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin 280 feet North of the Southeast corner of the Southwest
Quarter of said Section, thence West 286.5 feet; thence North
151.1 feet; ,thence East 286.75 feet; thence South 151.1 feet to
the place of beginning. Also known as Tract 7, Wild Cherry
Corner in Hamilton County, Indiana (unrecorded).
ALSO EXCEPT: A part of the South half of the Southwest quarter
of Section Seven (7), Township Seventeen (17) North, Range Four
(4) East, described as follows:
Begin at a point 431.1 feet north of the southeast corner of
the southwest quarter of Section 7, Township 17 North, Range 4
East, thence west parallel with the south line of said quarter
286.75 feet to a point, thence north 151.58 feet. to a point,
thence cast 287.0 feet to intersection with west line of said
quarter section, thence south 151.1 feet to the place of
beginning in Hamilton County, Indiana. This plot known as Tract
#12 wild Cherry Corner (unrecorded).
ALSO EXCEPT; A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at an iron stake 602.0 feet West and 280.0 feet North of
the Southeast corner of Southwest Quarter of Section 7,
Township 17 North, Range 4 East. Said point being the Southeast
corner of Lot #9 of a unrecorded plat known as Wild Cherry
Corner, thence West parallel with South line of said Southwest
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EXHIBIT A - CONTID
Quarter 276.0 feet to iron stake, thence Nortli on and along the
West line of said .Lot #9 152.65 feet to a point, thence East
276.0 feet to Northwest corner of said Lot #9 thence South
152.15 feet to place of beginning. (This plot known as Tract #9
Wild Cherry Corner (unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section Seven
(7), Township Seventeen (17) North! Range Four (4) East,
described as follows:
Begin at a point in center wild Cherry Lane! said point being
577.0 feet west of the Southeast corner of the Southwest
quarter of Section 7, Township 17 North! Range 4 East, thence
North on and along said center line 305.0 feet to a point;
thence West parallel with South line of said Southwest Quarter
163.0 feet to a point, thence South parallel with centerline of
said lane 305.0 feet to the intersection with the: south line
of said South Quarter, thence East on and along said South line
163.0 feet to place of beginning. (This plot known as Tract #2
Wild Cherry Corner (unrecorded).
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Beginning at an iron stake 602.0 feet West and 432.15 feet
North of the Southeast corner of Southwest Quarter of Section
7, Township 17 North, Range 4 East, said point being the
Southeast corner of Lot #10 of an unrecorded plat known as Wild
Cherry Corner; thence West 276.0 feet to a point; thence North
on West line of said Lot 152.65 feet to a point; thence East
276.0 feet to a point; thence South 152.15 feet to place of
beginning, containing .964 acre, more or less. (This plot known
as ,Tract #10 wild Cherry Corner (unrecorded)
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in the center of wild Cherry Lane, which is
577.0 feet West and 584.12 feet North of the Southeast corner
of the Southwest Quarter of Section 7, Township 17 North, Range
4 East! run thence East 291.0 feet to an iron stake, thence
North 149.0 feet to an iron stake, thence West 291.0 feet to a
point in the center of Wild Cherry Lane, thence South along
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EXHIBIT A - CONT'D
this center line 149.0 feet to the place of beginning.
Containing .995 acres more or less, in Hamilton County!
Indiana. (This plot known as Tract #14 Wild Cherry Corner
(unrecorded) .
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, described as follows:
BEGIN at a point 577.0 feet West and 584.2 feet North of the
Southeast corner of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East, thence North 149.0 feet to a
point, thence West 301.0 feet to an iron stake, thence South
parallel with the East line of this tract 149.0 feet to an iron
stake, thence East 301.0 feet to the place of beginning. (This
plot known as Tract #15 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the southwest quarter 'of Section 7,
Township 17 North, Range 4 East, described as follows:
Begin at a point in Wild Cherry Lane which is 577.0 feet West
and 733.12 feet North of the Southeast corner of the Southwest
Quarter of Section 7, Township 17 North, Range 4 East. Run
thence west 301.0 feet to an iron stake. Thence North 149.0
feet to an iron stake. Thence East 301.0 feet to the center of
wild Cherry Lane. Thence South 149.0 feet to the place of
beginning. Containing 1.03 acres more or less. (This plot known
as Tract # 16 Wild Cherry Corner (unrecorded).
ALSO EXCEPT: A part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Hamilton County, Indiana,
more particularly described as follows:
Beginning 731.2 feet north of the Southeast corner of the
Southwest Quarter of Section 7, Township 17 North, Range 4
East; thence north 149 feet; thence west 387.4 feet; thence
south 149 feet to an iron stake; thence east 387.4 feet to the
place of beginning in Hamilton County, Indiana. {This plot known
as all Tract #18 and part Tract #17 wild Cherry Corner
(unrecorded)
ALSO EXCEPT: Beginning 582.2 feet North of the Southeast comer
of the Southwest Quarter of Section 7, Township 17 North, Range
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EXHIBIT A - CGNT'D
4 East! thence North 149.0 feet; thence Hest 287.4 feet, thence
South 149.0 feet; thence East 287.4 feet to the place of
beginning in Hamilton County, Indiana, Also known as plot 13 in
wild Cherry Corner! an unrecorded plat.
ALSO EXCEPT: Part of the Southwest Quarter of Section 7,
Township 17 North, Range 4 East in Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Beginning 880.2 feet North and 387.4 feet West of the Southeast
comer of the Southwest Quarter of Section 7, Township 17 North,
Range 4 East, thence South 149.0 feet to an iron stake; thence
West 191.0 feet to the centerline of wild Cherry Lanej thence
North on and along the centerline of Wild Cherry Lane 149.0
feet to a point in the South line of Chesterton First Section
Amended as per plat thereof, recorded in the Office of the
Recorder in Hamilton County, Indiana; thence East on and along
with said South line 191,0 feet to an iron stake and also the
place of beginning! containing in all 0.65 acres, more or less,
(This plot known as Part Tract #17 wild Cherry Corner
(unrecorded) .
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EXHIBIT "B"
Schedule of Permitted Uses
The following is a schedule of the permitted uses which shall govern the use and
development of the Real Estate:
Types of Uses
A. Residential Uses Permitted
NursinglRetirement/Convalescent Facility
B. Office Uses
Clinic or Medical Health Center Permitted
Research LaboratorylFacility Permitted
General Offices Permitted
Professional Office Permitted
C. Educational Uses
Business School Permitted
KindergartenIPreschool Permitted
D. Cultural/Entertainment
Art Gallery Permitted
Art and Music Center Permitted
H:\Janet\Tintcra\Ex. B Schedule nfUscs.doc