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HomeMy WebLinkAboutPacket MERIDIAN & MAIN A Browning Development Informational Packets June 12, 2009 ~' ~RFCF~VF~ ~~~5 ~~9 TABLE OF CONTENTS I. Docket No. 09050012 V II. Docket No. 09050013 UV III. Conceptual Site & Aerial Plan IV. Conceptual Rendering V. Legal Description • • r • • CITY OF CARMEL -CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $286.00 for the first variance, plus $88.00 far each additional section of the ordinance being varied. All Other $1,133.50 for the first variance, plus $535.50 for each additional section of the ordinance being varied. OR see Hearing Offcer Fees DOCKET NO. DATE RECEIVED: 1) 2) 3) 4) 5) Applicant: Meridian 131, LLC Address: 6100 W. 96th Street Suite 250 Indianapolis IN 46278 Project Name: Meridian & Main Phone: 317-344-7328 Engineer/Architect: Cflpe Inc. Phone: 317-844-6777 Attorney: Joseph M. Scimia Baker & Daniels Phone: 317-569-4680 Contact Person: James W. Browning Phone: 317-344-7328 Email: ibrowningla~browninginv.com Applicant's Status: (Check the appropriate response) X (a) The applicant's name is on the deed to the property purchaser of the property (c) Other: If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner s add ress: Record of Ownership: Deed Book No./Instrument No. 2007060171 Page: Purchase date: October 2 2007 6) Common address of the property involved: 1440 Maln Street West Lot 1 of Meridian & Main as depicted on Exhibit "A" attached hereto, which is part of the real estate Legal description: described on Exhibit "B" attached hereto. 17-09-26-02-01-001.001; 17-09-26-00-00-004.001; Tax Map Parcel No.: 17-os-zs-oz-ol-004.001; n-os-zs-op-oo-poa.lol 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this request). Petitioner requests a variance of development standards of the US 31 Overlay District to provide for the developmen of two (2), 15,000 sq. ft. retail buildings with one occupiable floor per building consistent with the Preliminary Conceptual Plan filed in connection with rezoning petition docket number 07020122 Section 236.08.03 A., 1., requires a minimum building height of 26' and 2 occupiable stories. Page 1 0(B-z'.\snaretlVanns\BU appliralions\ Oevelopmenl Stantlartls Variance Application rev. 011052009 (b) The applicant is the contract • • • • • 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Development Standards Variance"). 9) 10) 11) Petitioner proposes the development of two (2), one story buildings consistent with the Preliminary Conceptual Plan for the property filed with rezoning petition docket number 07020122. Present zoning of the property (give exact classification): B-6 / US 31 OVerIeV Size of IoUparcel in question: ApproX 3 36 acres Present use of the property: Vacant 12) Describe the proposed use of the property: Recall 13) 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. Rezonino petition docket number 07020122 and commitments recorded as Instrument No. Is the property: Owner occupied Renter occupied to be leased Other 2007044967. 15) Has work for which this application is being filed already started? If answer is yes, give details: No. Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? Proposed for fall of 2009 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Merdian 131 LLC NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL -RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. PBge20f 8-z9sharetl\forms\BZA applications\Development Stantlartls variance Application rev. 01/052W9 CARMELICLAY ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Meridian 131 LLC FINDINGS OF FACT -DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The uses proposed are not being changed from permitted B-6 / US 31 Overlay District uses, only the height of the proposed buildings 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The use envisioned by this variance will be consistent with those permitted in the B-6 / US 31 Overlay District and rezoningpetition docket number 07020122 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: When the property was zoned the proposed use was identified and zoning was approved for that use with additional commitments to regulate development. The terms of the zoning ordinance would not allow the use and development of the real estate, as proposed at the time of zoning, without the requested variance. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). P2gE 8 Of 8 -z'.\sharetl\fortns\BZA appliwtions\ oevelopmanl SlantlarGS Variance Application rev. 0110 52 0 0 9 EXHIBIT "A" .` .` Lot 3 ` .` ~` `~e Ot e5 .' _~ae Lot 2 Lot 1 Lot 4 ,, i i i i i NTS Lot 5 Meridian & Main By: Meridian 131, LLC 6100 W. 96th St., Ste. 250 Indianapolis, IN 46278 v p Vi Vi d U G Q T v v v W 131st Street (Main Street West) • • • • • • • • EXHIBIT "B" LEGAL DESCRIPTION Parcel I: 17.020 Acre Parcel Description Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Section 26; thence North 00 degrees 14 minutes 28 seconds West (based on a survey by Fink Roberts & Petrie, Inc., Project No. 03023) along the West line of said Northeast Quarter 96.29 feet to the proposed North right of way of 131s~ Street and the POINT OF BEGINNING; thence continuing North 00 degrees 14 minutes 28 seconds West along said West line 616.06 feet to the Southern Limited Access Right of Way of U.S. 31 and anon-tangent curve to the right having a radius of 2146.83 feet, the radius point ofwhich bears South 47 degrees 17 minutes 35 seconds East; thence Northeasterly along said curve 1041.44 feet to a point which bears North 19 degrees 29 minutes 55 seconds West from said radius point; thence North 70 degrees 27 minutes OS seconds East 159.48 feet; thence North 88 degrees 46 minutes 11 seconds East 30.73 feet; thence South 00 degrees 11 minutes 57 seconds East 780.64 feet; thence South 89 degrees 48 minutes 03 seconds West 609.68 feet; thence South 44 degrees 07 minutes 42 seconds West 100.33 feet; thence South Ol degrees 16 minutes 57 seconds East 401.00 feet to the proposed North right of way of 131' Street (the following two courses are along said North right of way); 1) thence South 88 degrees 43 minutes 03 seconds West parallel with the South line of said Northeast Quarter 326.71 feet to anon-tangent curve to the left having a radius of 100.00 feet, the radius point of which bears South 44 degrees 17 minutes 23 seconds West; 2) thence Northwesterly along said curve 52.15 feet to the POINT OF BEGINNING, which point bears North 14 degrees 24 minutes 45 seconds East from said radius point, containing 17.020 acres, more or less. Parcel II: 4.066 Acre Parcel Description Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 28 seconds East; thence southwesterly along the curve of said right of way line in arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way line South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South O1 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point; containing 4.066 acres, more or less. BDDBO 15675351 v I CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY. INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION USE VARIANCE FEE: $1,487.00 plus $119.00 per acre DOCKET NO DATE RECEIVED: 1) Applicant: Meridian 131 LLC Address: 6100 W 96th Street Suite 250 Indianapolis IN 46278 2) Project Name: Meridian & Main Phone: 317-344-7328 Engineer/Architect: Crioe Inc Phone: 317-844-6777 Attorney: Joseph M. Scimia Baker & Daniels Phone: 317-569-4680 Contact Person: James W. Browning Phone: 3170344-7328 Email: ibrowningl7a brownjpginv com Fax: 3) Applicant's Status: (Check the appropriate response) ~_ (a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Owner's address: 5) Record of Ownership: Deed Book No./Instrument No. 2007060171 Page: Purchase date: October 2 2007 6) Common address of the property involved: 1440 Main Street West Lot 1 of Meridian & Main as depicted on Exhibit "A" attached hereto, which is part of the real estate Legal description: described on Exhibit "B" attached hereto. Tax Map Parcel NO.: 17-09-26-02-01-001.001; 17-09-26-00-00-004.001; 17-09-26-02-01-004.001; 17-09-26-00-00-005.101 7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and/or creates the need for this appeal). Petitioner requests a variance of use of the US 31 Overlay District to provide for the development of buildings with retail space up to 100% of the GFA. Section 236.05.02 A. provides that retail uses shall not exceed: 15°/p of the GFA of an individual building; or, 30% of the GFA of a building in a multiple building development provided the total GFA of retail space does not exceed 15°/p of the total GFA of all buildings. Page 1 of 9-Z'.\shara4ROrms\6ZA applicafions\ Use Variance Appliwlion rev.OV05/2009 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Use Variance"). Petitioner proposes the development of retail buildings consistent with the Preliminary Concept Plan for the property filed with rezoning petition docket number 07020122 and the zoning commitments recorded as Instrument No. 2007044967. 9) Present zoning of the property (give exact classification): B-6 / US 31 Overlay 10) Present use of the property: Vacant 11) Size of IoUparcel in question: Approx 3 36 acres 12) Describe the proposed use of the property: Retail 13) Is the property: Owner occupied Renter occupied to be leased Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals fled in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. Rezoning petition docket number 07020122 and commitments recorded as Instrument No. 2007044967, 15) Has work for which this application is being filed already started? If answer is yes, give details: No. Building Permit Number: Builder: 16) If proposed appeal is granted, when will the work commence? for fall of 2009. 17) If the proposed appeal is granted, who will operate and/or use the proposed improvement forwhich this application has been filed? NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty-five (25) days priorto the public hearing date. The certified "Proof of Publication" affidavit forthe newspaper must be available for inspection the night ofthe hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: Page 2 of 9-Zisharetl\fortns\BZA applications\ Use Variance Application rev. ~1Itl52009 CARMELICLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Meridian 131, LLC FINDINGS OF FACT -USE VARIANCE 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: At the time of rezoning the property it was determined that a rezoning which included retail buildings on Lot 1 of Meridian & Main, consistent with the approved commitments, would be in the public interest. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: All uses proposed for the real estate wilt be uses allowed under the current ioninq. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The proposed use was acknowledged at the time of rezoning and acknowledged at that time as not having a detrimental impact on the use or value of area properties if developed subject to the approved commitments. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The property was rezoned with the acknowledgement of the proposed uses and that a variance would be required prior to construction. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: All uses proposed for the site are permitted by the B-6 / US 31 Overlay as well as the Carmel/Clav Comprehensive Plan, the only deviation is the development of dedicated retail buildings, rather than mixed use buildings. DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of , 20 CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. Page8 of9-Z~sharea\forms\BZA applications\USe Variance Application rev 01/052~~9 EXHIBIT "A" .` .` Lot 3 `~ , `~e O~ ~. 9 ~~ ~[~' Lot 2 Lot 1 131st Street (Main Street West} Lot 4 ~', i i i i i i . ~ NTS Lot 5 Meridian & Main By: Meridian 131, LLC 6100 W. 96th St., Ste. 250 Indianapolis, IN 46278 m Q N N d V V d V c d d E W • • • • • EXHIBIT "B" LEGAL DESCRIPTION Parcel I: 17.020 Acre Parcel Description Part of the Northeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Section 26; thence North 00 degrees 14 minutes 28 seconds West (based on a survey by Fink Roberts & Petrie, Inc., Project No. 03023) along the West line of said Northeast Quarter 96.29 feet to the proposed North right of way of 131 sc Street and the POINT OF BEGINNING; thence continuing North 00 degrees 14 minutes 28 seconds West along said West line 616.06 feet to the Southern Limited Access Right of Way of U.S. 31 and anon-tangent curve to the right having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 17 minutes 35 seconds East; thence Northeasterly along said curve 1041.44 feet to a point which bears North 19 degrees 29 minutes 55 seconds West from said radius point; thence North 70 degrees 27 minutes OS seconds East 159.48 feet; thence North 88 degrees 46 minutes 1 I seconds East 30.73 feet; thence South 00 degrees 11 minutes 57 seconds East 780.64 feet; thence South 89 degrees 48 minutes 03 seconds West 609.68 feet; thence South 44 degrees 07 minutes 42 seconds West 100.33 feet; thence South O1 degrees 16 minutes 57 seconds East 401.00 feet to the proposed North right of way of 131 Street (the following two courses are along said North right of way); 1) thence South 88 degrees 43 minutes 03 seconds West parallel with the South line of said Northeast Quarter 326.71 feet to anon-tangent curve to the left having a radius of 100.00 feet, the radius point of which bears South 44 degrees 17 minutes 23 seconds West; 2) thence Northwesterly along said curve 52.15 feet to the POINT OF BEGINNING, which point bears North 14 degrees 24 minutes 45 seconds East from said radius point, containing 17.020 acres, more or less. Parcel II: 4.066 Acre Parcel Description Part ofthe Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereofa distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 28 seconds East; thence southwesterly along the curve of said right of way line in arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right ofway line South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South O1 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point; containing 4.066 acres, more or less. BDDB01 5675351 vl Lot 1 of Meridian & Main • • • i ~a COiyL~'IITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE -`~ f- MADE IN CONNECTION R'I'I'H A REZONING OF PROPERTY In accordance with LC. 36-7-4-615, and Section 31.06.05 of the Carmel Zoning Ordinance, the undersigned, being the Owner(s) of the real estate located in Hamilton County, Indiana, which is described below, makes the following Commitments to the Common Council of the City of Carmel (the "Council") concerning the use and development of that parcel of Real Estate: I. Description of Real Estate: See Legal Description attached as Exhibit "A" (the "Real Estate"). II. Ordinance Number /Plan Commission Docket Number: Ordinance Number: Z-505-07 /Plan Commission Docket Number: 07020012 Z III. Statement of Commitments: 1. The total gross squaze feet of retail uses (as specified in Appendix A: Schedule of Uses of the Carmel Zoning Ordinance) located on Lot 1 of the Real Estate as generally depicted on the Preliminary Conceptual Plan attached as Exhibit "B" shall not exceed fifteen percent (15%) of the total gross floor area to be developed on the Real Estate per approved development plans. IV. Binding on Successors & Assigns: These Commitments shall be binding on the owner, subsequent owners of the real estate and other persons acquiring an interest therein. V. Effective Date: Commitments contained in this instrument shall be effective upon the adoption of Ordinance Number Z-505-07 (Plan Commission Docket Number: 07020012 Z) by the Council changing the zoning classification of the real estate from a OM/SU & S-2 (US 31 Overlay) zoning classification to a B-6 (US 31 Overlay) zoning classification and shall continue in effect for as long as the above-described parcel of real estate remains zoned to the B-6 (US 31 Overlay) zoning classification or until such other time as may be specifed herein. VI. Modification: These Conunitments may be modified or terminated only by.a decision madc,by the Council at a public hearing after proper notice has been given in accordance with the Council's Rules of Procedures. VII. Enforcement: These Commitments may be enforced by the Common Council of the City of Carmel. PagelaJS 2007044967 MISC -$19.00 - 08/08/2007 03:29:20P 5 PGS Jennifer J Hayden BDDB014777868v1 HAMILTON County Recorder IN------= Recorded as Presented • • • • • • • • • • • • VIII. Recording: The undersigned hereby authorizes the Secretary of the Council to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon fmal approval of Ordinance Number Z-505-07 (Plan Commission Docket Number: 07020012 Z) by the Council. IN WITNESS WHEREOF, owner has executed this instrument this ~~ day of SAa1 r, , 20~. By: ~/ Printe fn ~d Title'tflee Pr'esrderrf-- Qf`ol~iRlrta Tl1VP.STInE27~t~ ~,~undecthepenaltiesforper]ury.thatlhave token ieasontible.cai•e~to redact each Social Security nutnber in thisd_ocum~eOnt, urn ss reyuired by law." STATE OF INDIANA ) (name"_," SS: COiJNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared of .s le) . r~t~ n' ,the V'IC,e Presio~Pit~- ~-''ti`p rnVc<->Lrn w ~' ~t-n ~ , Owner of the real estate who ded¢ed the execution of the foregomg mstrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand an.~d- Notarial Seal this a7.~- day of \I,LYIP 20 ~A//YC.CP l~ ~0~0 Notary Public A,'n~t eP ~ Sne I 1 Printed Name of Notary Public My Commission expires: c.1.1QYl_1tLU't/ cC~e a~~ My County of residence: F~'fE'l1 Y~1 Page 2 of S ennsot a~nses~t • • • • ~~ . \ , , \ . ~~ ~~ ~ ~` ~ ~ \ \ \ \ \ N \ /dm ~ NIA °A~f \\ ~~~ _ W ~~ .. ~ ~ ~ W ~ ~ ~ ~ G ~ N i \\ -~ / ~ I 0111111-t1- I 4 ~ ~' E ~ I ~ I ` a m y ' ~ a O t ~ ~~~ ~~~ I i ~~ 111LL11 ~ ~ 0 ~~ ~ ~ i ~ ~ ~~~ ~ ` U I I I I I U ~ ~ ~~ - ~~ ~ C~ i ~~ ~ ~ ~ ~ t ~ e ,g ~ ~ 3 ~ d I ~ ~ 1 ~ ~ ~ `E ;s Ovtvall Lantlplan bhbl~ /~ - Ig > ~ i ~~ k € -E ° a`~ ' ~~~ RROWNlNC REAL ESTATE PARTNERS ° Cripe~ vm ,,,e,e,,,vab ~~a M Mo~~w~. ¢w r • •••••••••••••••••••••••••••••••••••i••••••• Cr' pe ~~ ArdYitecri ~ Engineers sdulu.MO~MO19.ut~ I~ 0 ]5 150 300 3].5 112.5 225 SCALE: 1"=150' SPATE OF INOUuNA CAUBE ND. C-71-247 S~ J4 MERIONN 131, LLC INST. N0. 2008035514 Si ST. PROPQ flN:i( OF WAY ~SOU7H LINE, N.W. 1/4, SEC. 26 CDR., N.W. 7/4, 26, i.18N., R.3E. PIC JOB N0. 060384-20300 6fAY 12, 2009 SHEET 2 OF 2 N.W. CDR., 5. I/2, N.E. I/4 SEC. 26, i.18N., R.3E. '~ CPLCUTATED AT MIDPOINT N ~I STATE OF INOUNA w i D.B. 240, PACE 252 z ~ z i~~~ ~ e~'~ s it ~ y `\b k'i ~fi~~ 03 ~•M1 ~,~. `4 NORTH INSi.NN0~200800 16 SRS, LLC \plyb P' Ng0 ~~ q'i E f\ Z 4~'oS S6S0 Js, F'by'S~ ~ d} ~~ it S 01'12'11' E i mss- ~s 23.15' ~o z ~W ~s P s \ ~~s \ F ~~~ ~~) 3.680 Ac.t MERIDIAN 131. uC- INSf. N0. 2007060171 R'7~p POIM OF BE( 5 HSS)']I'E_ $ 80'47'49' W ~y'islsr smear "` N 864]49" E iA551 N 064]41. POIM OF COMMENCEMEM S.W. CDR., N.E. I/4, SEC. 26, T.18N., R.}E. SOU1H LINE, N.E. 1(4, SEC. 2fi~ I) 415.23' 26fi4.56' N 01'12'11' W, 60.W' 6d oFpGRO RIW_ NSf. N0. 200500059001 B.E. CDR., N.E. I SEC. 26, T.18N., ~g sz `E ~ z R=228.02' \• ~~ N ~~ I ¢ 3939 PRIORITY WAY SOUTH DRIVE, SUITE 400 INDIANAPOLIS. INDIANA 46240 (317) 84d-6777 FAX X3171 706-6464 E-Mail Gripe®cripe.biz • ARCNIiECTURE • EOUIPMENi PLANNING • INTERIOR DESIGN • CIVIL ENGINEERING • LAND PLANNING • UND SURVEYING• GIS • OWNERS REPRESENiAipN O:@OO6W60384\20300\~atl\survey\WORKINGMUetl use_e#Ii6iLtlwg,S/12120091:19:35 PM. ewhite • • • • • • • • • PIC JOB N0. 060384-20300 ~~ MAY 12, 2009 Cri pe SHEET 1 Of 2 ~~ ArChltetb • Engineers sam+MoeeaLamtssz Part of the Northwest and Northeast Quarters of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Section 26; thence North 88 degrees 47 minutes 49 seconds East along the South line of soil Northeast Quarter 415.23 feet to the Southerly extension of the Eastern boundary of land described in Instrument No. 2007060171, recorded in the Office of the Recorder of Hamilton County, Indiana; thence North 01 degrees 12 minutes 11 seconds West along said Southerly extension 60.00 feet to the Southeast corner thereof and the North line of land dedicated to the City of Carmel as described in Instrument No. 200500059082, recorded in said Recorder's Office and the POINT OF BEGINNING; thence South 88 degrees 47 minutes 49 seconds West along said North line and the proposed North right of way of said 131st Street and parallel with the South line of said Northeast Quarter 336.61 feet to a non-tangent curve to the left having a radius of 120.00 feet, the radius point of which bears South 58 degrees 47 minutes 54 seconds West; thence Northwesterly and Westerly along said curve 126.16 feet to a point which bears North 01 degrees 26 minutes 24 seconds West from said radius point and anon-tangent curve to the right having a radius of 400.D0 feet, the radius point of which bears South 85 degrees 57 minutes 21 seconds East; thence Northeasterly along said curve 350.88 feet to a point which bears North 35 degrees 46 minutes 38 seconds West from said radius point; thence North 35 degrees 46 minutes 38 seconds West 21.28 feet to the Southern boundary of land described in Instrument No. 2008006157, recorded in said Recorders Office and a non-tangent curve to the right having a radius of 456.95 feet, the radius point of which bears South 35 degrees 46 minutes 38 seconds East (the following three courses are along said Southern boundary); (1) thence Northeasterly along said curve 53.05 feet to a point which bears North 29 degrees 07 minutes 32 seconds West from said radius point; (2) thence North 60 degrees 56 minutes 58 minutes East 200.38 feet to anon-tangent curve to the right having a radius of 102.57 feet, the radius point of which bears South 30 degrees 54 minutes 59 seconds East; (3) thence Northeasterly along said curve 18.06 feet to a point on the Western boundary of land described in Instrument No. 2008040052, recorded in said Recorder's Office, said point bears North 20 degrees 49 minutes 49 seconds West from said radius point; thence South 01 degrees 12 minutes 11 seconds East along said Western boundary 23.15 feet to anon-tangent curve to the right having a radius of 228.02 feet, the radius point of which bears South 27 degrees 15 minutes OS seconds East; thence Northeasterly along said curve 45.31 feet to a point on the Northerly extension of the Eastern boundary of land described in said Instrument No. 2007060171, said point bears North 15 degrees 52 minutes O6 seconds West from said radius point; thence South 01 degrees 12 minutes 11 seconds East along said Northerly extension and said Eastern boundary 491.83 feet to the POINT OF BEGINNING, containing 3.680 acres, more or less. Subject to all legal easements, rights of way, and restrictions of record. 3939 PRIORITY WAY SOUTH DRIVE, SUITE 400 INDIANAPOLIS. INDIANA 46240 (3171 844-6777 FAX 1317) 706-6464 E-Mail cripeQcripe.biz • ARC111lEC1URE • EOpIPMEM PLANNING • INTERIOR DEIGN • CIVIL ENGINEERING • LAND PLANNING • LANp SURVETING• GIS • OWNERS REPRESDJIAIYJN 0:\2006GN60384\20300Ma0\survey\WORKINGMixetl_use_exYlibiLtlwO, 5/12/20091:19:32 PM, ewhite