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HomeMy WebLinkAboutPacket I I I I' ,I~ I I :1--' , . ,I I I, I I I :1 I :1 I I TABLE OF CONTENTS I. Rezone Application. II. Location Maps and Dimepsioned Plans · Aerial · Area Map · Dimensio~ed Plan for Real Estate Being Zoned I I I PETITION TO CHANGE THE OFFICIAL ZONING MAP INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE - REZONE APPLICATION - I $750.00 plus $100.00 per acre (PUD $1,250.00, plus $100.00 per acre) I Date: Docket No.: . Name of Owner: See Exhibit "B" Phone No.: (~_ - I · Owner's Address See Exhibit "B" Fax No. (_)_-_ I I I · City, State, ZIP See Exhibit "B" · Record of Ownership: Deed Book: Page: Purchase Date: L I Do. (U ddo 0 I ( ) Of ) See Exh i bit "A" · ega escnpnon se a Itlona page s 1 necessary: I . Common Address of Property Involved (or General Description ifno Address Exists): See Exhibit "B" I I I I I I I I . Proposed Zoning Change: From the B3 arid 52 District to the 86 District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition. · Statement of compliance with the CanneVClay Comprehensive Plan (use additional pages ifnecessary): See Exhibit "C" Revised 0 1/05/04 z:\shared\fonns\PC application\rezone.app I I I I AFFIDA VIT I I (I/We), being duly sworn, depose and say that (IIWe) (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 information herewith submitted are in all respects true and correct to the best of (my or our) knowledge and belief. See Authorization on file Signature (typed or printed) Address I City, State, ZIP I I I The applicant, correspondent, or agent (if differ Lauth Property Group Name (317) 848-6500 Telephone 8/20/04 ~ame ./ :;7/'"/ ~ t/ f' - tb 0iJ 0 /c7~~hA $/ ". "" /' Date Date I State of Indiana ) ~ ) SS: County of /~) ) Before me the undersigned, a Notary Public for ~ ~ (officer's co~f resid~nce) County, State ofIndiana, personally appeared ~~ ~ (name ofperson(s)) and I I acknowledged the execution of the foregoing instrument this c:2 e2...... day of I I 204 My commission expires: ~ ~~ ;1 J.SE!t and Signatur~ 7#7K/cz/ ./?- ~ ,/>~.A'? ~ (printed or typed) , I I z:\shared\fonns\pc application\rezoneapp Revised 01/05/04 I I I I I I I I I I I I I I I I I I I I I I EXHIBIT "A" LAND DESCRIPTION Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Southeast corner of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on. the South line of said Northwest Quarter 1328.33 feet to the Southwest corner of the East Half of said Northwest Quarter, said comer being collinear and equidistant between said Southeast corner and the Southwest corner of said Northwest Quarter; thence North 00 degrees 01 minutes 21 seconds West 984.12 feet to the southeast comer of Lot Numbered 12 as recorded in the Plat of Willia'ms Creek Farms, Instrument Number 357, Plat Book 8, pages 1- 3 in the Office of the Hamilton County Recorder; thence continuing North 00 degrees 01 minutes 21 seconds West along the east line of said Plat of Williams Creek Farms a distance of 749.00 feet to the northeast comer of Lot Numbered 10 in said Plat 9f Williams Creek Farms, also being the Place of Beginning of the real estate herein described; thence South 89 degrees 58 minutes 39 seconds West along the north line of said Lot Numbered 10 a distance of 258.58 feet to a point on a non-tangent curve to the right with a radius of 810.00 feet, radius point being South 76 degrees 59 minutes 18 seconds East from said point; thence northerly along said curve a distance of 208.54 feet to a point being North 62 degrees 14 minutes 14 seconds West from said radius point; thence North 27 degrees 45 minutes 46 seconds East a distance of 32.86 feet to a point of curvature of a curve with a radius of 440 feet and being North 62 degrees 14 minutes 14 seconds West to the radius point; thence northerly along said curve a distance of 80.08 teet to a ,point South 72 degrees 39 minutes 54 seconds East from said radius point, said point also lying on the north property line of Lot Numbered 9 in said Plat of Williams Creek Farms; thenc~ North 89 degrees 05 minutes 14 seconds East along said north line of Lot Numbered 9 a distance of 140.06 feet to the northeast comer of said Lot Numbered 9; thence South 00 degrees 01 minutes 21 seconds East along the east line of said Lot Numbered 9 a distance of 300.00 feet to the Place of Beginning, containing 1.40 acres, more or less and subject to rights-at-way and easements of record. Paper description and done without benefit of full survey. I I I I I I I I I I I I I I I I I I I EXHIBIT "B" Address of O,^,ners And Record of Ownership James W. and Doris Hardacker C/O Mike Andreoli Donaldson Andreoli and Truitt 1393 West Oak Street Zionsville, IN 46077 Ph: (317) 873-6266 Fx: (317) 873-6384 Property Address: Approximately 12427 Creekwood Lane, Carmel, IN 46032 Record of Ownership: Purchased 12-31-02 Record 2003-15486 I I I I I I I I I I I I I I I I I I I EXHIBIT "c" Statement of Compliance Although the Comprehensive Plan designates the portion of the lot in question as single family residential, once the lot is bisected by Illinois Street extended, residential development on the portion in question left lying east of Illinois Street extended is no longer appropriate, since all of the adjacent real estate is either currently developed or zoned for commercial purposes. i--- II I I I I I I I I I I I I I I I I I I http://216,37,62,70/map/carmel,mwf SITE LOCATION MAP Roads === Interstate US Highway state Road Major Roads Minor Roads Subdivision Roads New Subdivision Roads Private Road or Drive o Parcel Boundary Zoning f''''''~ ... ~'~,,',,~ :;....".; ;..""..= Carmel Clay Zoning C::::) B-1 B-2 B-3 C:::)B-5 B-6 ~::::::) B-7 _B-8 C::::)C-1 C-2 C::::) 1-1 _M-3 C::::)OM/M C::::) OM/MF f..':') OM/MM JlilPug;:..... 500 0 SCAlE 1 : 10,985 ~~ z... ONE- 500 FEET '. 1,500 A 1,000 Thursday, May 20, 2004 4:47 PM I I I I~ I I I I I :1' /1 'I 'I, I I I I I I REZONE AREA I I, I, I: I, I I: I, I I, I I, I I I I I I I REZONE AREA I I I I I I I I ----------------------------~ _ _ _ _ _ _ _ - ~ - - - - - - - - - - - - -/ 140,06' / .. / 9 --!CQ / ~ ~ / ^'") / / / LOT #9 ~ S1ill REBAR WI1H YElLOW / PUSTIC CAP SCRIBED / .. BENCHUARK - LAND SER\IICES ~ SET flUSH WI1H GRADE [TYPiCAl] / ~ / / LOT #8 75' SIDEYARD B.S.L --- RESIDENTIAL 1.40:1: Acres -- \) .~\j ~o 258.58' I I I I I I I 1 I I I , D.&U.E. I -------------1 o&UI:-- - - - - - -- - - - --I I I I 1 I -- -- -- -- -- ~\J~ -- -- ---- :..---- -- -- LOT #1 0 I r\T ~11 - c:::> c:::> o c:::> I"'"") I I I I I I I I I I I I I I I I I I I MEMORANDUM TO: Ms. Lois Fine (Via Electronic Mail) Clerk Treasurer's Office, City of Cannel FROM: Michael C. Cook Wooden & McLaughlin LLP DATE: October 22, 2004 RE: Project: Location: North Meridian Medical Pavilion :I: 3.81 acres of real estate located at approximately 12202 N. Meridian Street and commonly known as the Regency Realty property, together with:l: 4.805 acres of real estate formally comprising a part of Lots 10, 11 and 12 in Williams Creek Fanns Subdivision. Cannel Plan Commission Docket No.: 040800049 Z Assigned Ordinance No.: Z-459-04 As you know, the above referenced matter has been certified by the Cannel Plan Commission for consideration by the Cannel Common Council with a favorable recommendation, to be heard by the Cannel Common Council as part of its agenda on Monday, November 1, 2004. Consistent with the foregoing, notice will be published in tomorrow's Noblesville Ledger and the Indianapolis Star that a Public Hearing will be held on the pending rezoning by the Carmel Common Council on November 1, 2004. E-mailed herewith in connection with the foregoing are the following: 1. Form of proposed Ordinance, Ordinance No. Z-459-04 for passage of an ordinance consistent with the Plan Commission's favorable recommendation. 2. Form of Commitments, to be entered into in connection with rezoning and passage of the proposed ordinance, a copy of which has also been sent to Jon Dobosiewicz for his review. We are in the process of preparing the required packets and they should be delivered to your office in the morning. Packets are being prepared both with respect to the Council's proceeding on November 1st as well as the scheduled meeting of the Annexation and Land Use Committee on October 28th. I I I I I I I I I I I I I I I I I I I If anything else is required of us, I would appreciate it if you would let me know at your earliest convenience. Your continued cooperation is certainly appreciated. MCC:jp cc: Jon Dobosiewicz J Dobosiewicz@ci.carmel. in. us Dan Barkes (wI enclosures) P.S. Jon: Please review the proposed Commitments and let me know if the form provided is acceptable. 2 I I I I I I I I I I I I I I I I I I I STATEMENT OF COMMITMENTS COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A REZONING OF PROPERTY OR PLAN APPROVAL In accordance with I.C. 36-7-4-613 or I.C. 36-7-4-614, the owners of the real estate located in Hamilton County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of the Real Estate: Legal Description: See Exhibit "A" attached. Statement of COMMIT11ENTS: 1. Lighting within the parking lots west of the buildings to be constructed upon the Real Estate ("West Parking Lots") shall be reduced by turning off the lights in the west two thirds (2/3) of the West Parking Lots (whether or not the West Parking Lots include real estate formerly comprising a part of Williams Creek Farms Subdivision) between the hours of 10:00 p.m. and 6:30 a.m. on weekdays (Monday through Friday) and 8:00 p.m. and 7:30 a.m. on Saturday and Sunday of each week ("Restricted Hours"). 2. Any lighting which washes the west face of either of the buildings proposed to be constructed upon the Real Estate shall also be turned off during the Restricted Hours. This commitment shall not, however, restrict lighting under the porte-cochere on the west side of either building, or any low-level (not exceeding three feet (3') in height) lighting located within landscaped areas adjacent to the west side of either Building or within the landscape islands alternatively placed at the east end of the parking rows in the West Parking Lots. 3. Any light poles in any part of the West Parking Lots formerly comprising a part of Williams Creek Farms Subdivision, shall not exceed fifteen feet (15') in height (measured for purposes hereof at the central point of each pole). 4. No free-standing cellular towers or other similar free-standing towers shall be permitted to be constructed anywhere upon the real estate. 5. Directory and building identification signage at each entrance to the West Parking Lots off of Illinois Street shall be limited to low-level ground mounted signs a maximum of five feet (5') in height which are either internally illuminated or illuminated by lighting fixtures which are completely shielded, such signs to be located within a landscaped area at least equal to the total sign surface area of each such sign and to otherwise comply with applicable Carmel- Clay Land Use Regulations. 6. All roof-top equipment shall be screened from view by a parapet wall or screen equal to or greater in height than equipment screened thereby. 7. Trash pickup from the Real Estate shall not occur before 7:30 a.m. or after 6:30 p.m. on any weekday (Monday through Friday). Trash pickup shall not be permitted on Saturday or Sunday. I I I I I I I I I I I I I I I I I I I 8. No above-ground structures or improvements shall be permitted within any part of the development which was formerly a part of Williams Creek Fanns Subdivision, except light poles, low-level ground mounted directory and/or building identification signage otherwise permitted by these commitments, a parking lot, driveways, landscaping, drainage facilities, electrical panel boxes not exceeding five (5) feet in height, and drop-off boxes for mail pick-up and deliveries. These COrvfM:ITMENTS shall be binding on the owners, subsequent owners of the Real Estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Cannel Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the adoption of rezoning Ordinance No. Z-459-04 by the Cannel Common Council changing the zoning classification of the Real Estate from a 8-2 Residence District and B-3 Business District zoning classification to a B-6 Business District zoning classification, and shall continue in effect for as long as the above- described. Real Estate remains zoned to the B-6 Business District zoning classification or until such other time as may be specified herein. These COrvfM:ITMENTS may be enforced jointly or severally by: 1. The Cannel Plan Commission; 2. Owners of all parcels of ground adjoining the Real Estate to a depth of two (2) ownerships, but not exceeding six~hundred-sixty (660) feet from the perimeter of the Real Estate; and, 3. No others. The undersigned hereby authorizes the City of Cannel, Department of Community Development, to record these Commitments in the office of the Recorder of Hamilton County, Indiana, upon final approval of Ordinance No. Z-459-04. IN WITNESS WHEREOF, owners have executed this instrument this , 2004. day of REGENCY REALTY By: STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared , duly authorized managing member of Regency Realty, and who, having been duly sworn, acknowledged the execution of the foregoing Statement of Commitments. 2 v 3 Rezoning.. Statement of Commitments .. Carmel.. lo-21-04.DOC I I I I I I I I I I I I I I I I I I I Witness my hand and Notarial Seal this day of , 2004. Notary Public Printed Name of Notary Public My Commission expires: My County of residence: Edward Bums Ann Burns STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Edward Burns and Ann Burns, husband and wife, and as the Owners of a part of the Real Estate, after having been duly sworn, acknowledged the execution of the foregoing Statement of Commitments. Witness my hand and Notarial Sea! this _ day of , 2004. Notary Public Printed Name of Notary Public My Commission expires: My County of residence: 3 v 3 Rezoning - Statement of Commitments . Carmel- lo-21-04.DOC I I I I I I I I I I I I I I I I I I I Brice Guckien Noelle Guckien STATE OF INDIANA ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Brice Guc/den and Noelle Guclden, husband and wife, and as the Owners of a part of the Real Estate, after having been duly sworn, acknowledged the execution of the foregoing Statement of Commitments. Witness my hand and Notarial Seal this day of , 2004. Notary Public Printed Name of Notary Public My Commission expires: My County of residence: This instrument was prepared by Michael C. Cook, Attorney, O~e Indiana Square, Suite 1800, Indianapolis, Indiana 46204. Phone (317) 639-6151, Fax (317) 639-6444, e-mail mcook@woodmaclaw.com. 4 v 3 Rezoning - Statement ofCommitmc:nts - Carmel- 10-21-04.DOC I I I I I I I I I I I I I I I I I I I EXHIBIT A LEGAL DESCRIPTION PARCEL NO.1 (Rezoned from B-3 to B-6) Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Southeast comer of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 42 seconds West (assumed bearing) on the East line of said Northwest Quarter 1968.00 feet; thence South 88 degrees 51 minutes 53 seconds West parallel with the South line of said Northwest Quarter 916.93 feet Deed (924.34 feet measured) to the Westerly right of way line of local service road #3 as per I.S.R.C. plans for Project No. STF-222 (9) dated 1973 for relocation ofV.S. Highway #31 and the place of beginning 'of the real estate herein described; thence South 88 degrees 51 minutes 53 seconds West parallel with said South line 403.21 feet to the West line of the East Half of said Northwest Quarter; thence South 00 degrees 01 minutes 21 seconds East on said West line 327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said South line 402.97 feet to the Westerly right of way line of the aforesaid service road; thence North 00 degrees 01 minutes 08 seconds East on said right of way line 327.01 feet to the place of beginning, containing 3.025 acres, more or less. and PARCEL NO.2 (Rezoned from S-2 to B-6) Lots 10, 11 and the east part of Lot 12 in Williams Creek Fanns Subdivision, the plat of which is recorded in Plat Book 8, Pages 1-3 in the office of the Hamilton County Recorder, containing 4.805 acres, more or less. Also described as follows: Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Southeast comer of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on the South line of said Northwest Quarter 1328.33 feet to the Southwest comer of the East Half of said Northwest Quarter, said comer being collinear and equidistant between said Southeast comer and the Southwest comer of said Northwest Quarter; thence North 00 degrees 01 minutes 09 seconds West 984.12 feet to the southeast comer of Lot Numbered 12 as recorded in the Plat of Williams Creek Fanns, Instrument Number 357, Plat Book 8, pages 1-3 in the Office of the Hamilton County Recorder also being the place of beginning of the real estate herein described; thence continuing North 00 degrees 01 minutes 09 seconds West along the West line of said Plat of Williams Creek Fanns a distance of 749.00 feet to the northeast comer of Lot Numbered 10 in said Plat of Williams Creek Fanns; thence South 89 degrees 05 minutes 34 seconds West along the north line of said Lot Numbered 10 a distance of258.63 feet to a point on a non-tangent curve to the left with a radius of 810.00 feet, radius point being South 76 degrees 59 minutes 18 seconds East from said point; thence southerly along said curve a distance of 181.70 feet to a point being North 89 degrees 50 minutes 26 seconds West from said radius point; thence South I I I I I I I I I I I I I I I I I I I 00 degrees 09 minutes 34 seconds East a distance of 574.36 feet to a point on the south line of said Lot Numbered 12; thence North 88 degrees 52 minutes 28 seconds East along said south line of Lot Numbered 12 a distance of281.33 feet to the place of beginning, containing 4.805 acres, more or less and subject to rights-of-way and easements of record. 192553 _1.DOC v 3 Rezoning. Statement of Commitments . Carmel- 10-21-04.DOC I I I I I I I I I I I I I I I I I I I SPONSOR: COUNCILOR RATTERMANN ORDINANCE NO. Z-459-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning a portion of Regency Realty Property (:I:: 3.81 acres) located at 12202 N. Meridian and adjacent real estate (:I:: 4.805 acres) formerly comprising a part of Lots 10, 11 and 12 in Williams Creek Farms Subdivision WHEREAS, pursuant to Indiana Code 36-7-4, the Common Council has lawfully adopted a zoning ordinance, the tenns of which are applicable to the geographic area consisting of the incorporated area of the City of Cannel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, which zoning ordinance has been codified in Chapter 10 of the Cannel City Code; and WHEREAS, pursuant to. Indiana Code 36-7-4-602 the Common Council is authorized to amend the map that is part of the zoning ordinance; and WHEREAS, the Carmel/Clay Plan Commission has favorably recommended the rezoning of the real property, the legal description and location map of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAlNED, by the Common Council of the City of Carmel, Indiana, as follows: · Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real property from the S-2/Residence District and the B-3 Business District Classifications to the B-6 Business District Classification. Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after passage, and presentation to and approval by the Mayor. Ordinance No. Z-459-04 PASSED by the Common Council of the City of Carmel, Indiana this _ day of November, 2004, by a vote of ayes and nays. I I I I I ,I I I I I I I I I I I I I I COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Kirby, District 2 Ronald E. Carter, President Pro Tempore Brian Mayo, District 3 Fred Glaser, District 5 Mark Rattermann, At-Large Joe Griffiths, District 4 Rick Sharp, District 1 ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer I I I I I I I I I I I I I I I I I I I Ordinance No. Z-459-04 Presented by me to the Mayor of the City of Carmel, Indiana this_ day of , 2004, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. Z-459-04 Approved by me, Mayor of the City of Carmel, Indiana, this day of , 2004, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer This instrument was prepared by Michael C. Cook, Attorney at Law, WOODEN & McLAUGHLIN LLP, One Indiana Square, Suite 1800, Indianapolis, IN 46204. I I I I I ,I ,I I I, I I I I I I I I I I EXHIBIT A LEGAL DESCRIPTION PARCEL NO.1 (Rezoned from B-3 to B-6) Part of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Southeast comer of the East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 42 seconds West (assumed bearing) on the East line of said Northwest Quarter 1968.00 feet; thence South 88 degrees 51 minutes 53 seconds West parallel with the South line of said Northwest Quarter 916.93 feet Deed (924.34 feet measured) to the Westerly right of way line ofloca! service road #3 as per I.S.H.C. plans for Project No. STF-222 (9) dated 1973 for relocation ofV.S. Highway #31 and the place of beginning of the real estate herein described; thence South 88 degrees 51 minutes 53 seconds West parallel with said South line 403.21 feet to the West line of the East Half of said Northwest Quarter; thence South 00 degrees 01 minutes 21 seconds East on said West line 327.00 feet; thence North 88 degrees 51 minutes 53 seconds East parallel with said South line 402.97 feet to the Westerly right of way line of the aforesaid service road; thence North 00 degrees 01 minutes 08 seconds East on said right of way line 327.01 feet to the place of beginning, containing 3.025 acres, more or less. and PARCEL NO.2 (Rezoned from S-2 to B-6) Lots 10, 11 and the east part of Lot 12 in Williams Creek Farms Subdivision, the plat of which is recorded in Plat Book 8, Pages 1-3 in the office of the Hamilton County Recorder, containing 4.805 acres, more or less. Also described as follows: Part of the ,East Half of the Northwest Quarter of Section 35, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Southeast comer of the Northwest Quarter of Section 35, Township 18 North, Range 3 East; thence South 88 degrees 52 minutes 28 seconds West (assumed bearing) on the South line of said Northwest Quarter 1328.33 feet to the Southwest comer of the East Half of said Northwest Quarter, said comer.being collinear and equidistant between said Southeast comer and the Southwest comer of said Northwest Quarter; thence North 00 degrees 01 minutes 09 seconds West 984.12 feet to the southeast comer of Lot Numbered 12 as recorded in the Plat of Williams Creek Farms, Instrument Number 357, Plat Book 8, pages 1-3 in the Office of the Hamilton County Recorder also being the place of beginning of the real estate herein described; thence continuing North 00 degrees 01 minutes 09 seconds West along the West line of said Plat of Williams Creek Farms a distance of 749.00 feet to the northeast comer of Lot Numbered 10 in said Plat of Williams Creek Farms; thence South 89 degrees 05 minutes 34 seconds West along 'l I I I I I I I 1;_'_.__.. , , I I I I I I I I I I I the north line of said Lot Numbered IDa distance of 258.63 feet to a point on anon-tangent curve to the left with a radius of 810.00 feet, radius point being South 76 degrees 59 minutes 18 seconds East from said point; thence southerly along said curve a distance of 181.70 feet to a point being North 89 degrees 50 minutes 26 seconds West from said radius point; thence South 00 degrees 09 minutes 34 seconds East a distance of 574.36 feet to a point on the south line of said Lot Numbered 12; thence North 88 degrees 52 minutes 28 seconds East along said south line of Lot Numbered 12 a distance of281.33 feet to the place of beginning, containing 4.805 acres, more or less and subject to rights-of..;way and easements of record. 192553 _1.DOC