HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K
From: Donahue-Word, Alexia K
Sent: Tuesday, August 13, 2013 2:28 PM
To Barnes, David R; Blanchard, Jim E; Boone, Rachel M.; Conn, Angelina V; Donahue-Wold,
Alexia K; Duncan, Gary R; Foley, Amanda J; Hollibaugh, Mike P; John Molitor; Kass, Joslyn;
Keeling,Adrienne M; Littlejohn, David W; Lux, Pamela K; Maki,-Sue; Martin, Candy; Mindham,.
Daren;'Mishler, Nicholas F; Motz, Lisa; Redden, Nick; Stewart, Lisa M; Thomas, John G;
Tingley, Connie S; Worthley, Matthew D
Cc: 'timothy.ochs @icemiller.com'; 'Perry, Nichole'
Subject: Docket No. Assignment: (V) Penn Mark One, Landscape Areas( #13080005-07 V)
I have issued the necessary Docket Numbers for(V) Penn Mark One, Landscape Areas. They are the following:
(V) Penn Mark One, Landscape Areas.
The applicant seeks the following development standards variance approvals:
Docket No 13080005 V ZO CH: 23B.10.02(A)(1) 30 foot Greenbelt along US 31
Docket No 13080006 V ZO CH:23B.10.02(B)(1) 10 foot planting strip along 116th Street
Docket No 13080007 V ZO CH':23B.10.02(B)(1) 10 foot planting strip,along Pennsylvania Street
The site is located at 11595 North Meridian Street. The site is zoned B-6/Business within the US 31 Overlay. Filed by
Timothy Ochs with Ice Miller on behalf of the owner.
Tim can be contacted at(317)236-5952 or timothy:ochs@icemiller.com
Filing Fees: Development Standards Variance Commercial, Hearing Officer ($627.50)
Each Additional: ($313.00) (x2)
Total Fee $1,253.50
Filing Dates&.Deadlines. Petitioner, please note the following:
1. This item does not need to be on a meeting agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than August 16,2013. Published notice is required
within the Noblesville Times. Get the'public notice ad to the Times hi/11:00a.m., two days prior to the public
notice deadline,in order for them to publish,it on time(765-365-2316 or legals(Wthetimes24-7.corn). Note:the
placement of a public hearing signion the property is also required by the BZA Rules of Procedure,Article VI,
Section 6'(see application). Make sure the public,notice meeting time to the newspaper and neighbors reads
5:30 PM and the location reads City Hall Caucus Rooms.
3. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later
than NOON, Friday,August 16,2013. Failure to submit Informational Packets by this time will result in the
automatic tabling of the petition.
4. The Proof of Notice will need to be received by this Department no later than noon, Friday,August 23,2013.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. This Item will appear on the Monday,August26,2013 agenda of the Board of Zoning Appeals Hearing Officer
Meeting under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for the petition the night of the
meeting for the Board's use (Sheet 10 of the application). On Ballot.sheets,only fill out docket number,
petitioner, and date (Sheet 9).
7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be
heard. If no one appears, it will be tabled.
Please refer to your instruction sheet for more detail
Planning.Department'S Preliminary Review Comments; petitioner please respond.tothe following:
1. Please provide the list of adjacent property owners certified by the Hamilton County Auditor's Office.
2. Please make checks payable to the City of Carmel.
3: Provide the filled out Notice of the Public Hearing before the BZA forth.
4. Please provide the Proof of Publication affidavit from the Noblesville Times,once you receive it.
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5. Please provide filled out and notarized Placement of Public Notice Sign affidavit.
6. Provide the filled out Petitioner's Affidavit of Notice of Public Hearing form.
7. Please provide green signed return receipts from the certified mailings once you receive them.
8. *Please submit a site plan better showing the existing right-of-way and the new right-of-way. Color coding may
be helpful. Also, please label the widths of the landscape areas where the variances are needed.
If you have any questions, please feel free to contact me.
Sincerely,
Alexia Donahue-Wold
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
awoldPcarmel.in.gov
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CITY OF CARMEL BOARD OF ZONING APPEALS P AUG_ 7
APPLICATION:FOR DEVELOPMENT STANDARDS<VARIANCE �13
C3 1.066
FEES: Single Family (Primary Residence) $302 for the first variance, plus $93.00 for each addithnal s c the'•
• ordinance being varied. All Other$1,.197 for the first variance, plus $565 for each additio section'of the
ordinance'being varied. Or,see Hearing Officer Option'&:Fee's'. 99 •£ Z
DOCKET NO. 13;08400 S 1 V-) V DATE RECEIVED:'
1) Applicant: TNHYIF REIV SIERRA, LLC 0/0 TIMOTHY E. OCHS,ATTORNEY FOR PETITIONER
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Address: ICE MILLER, ONE AMERICAN SQUARE, SUITE 2900,:INDIANAPOLIS, INDIANA 46282 •
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2) Project Name: PENN MARK ONE Phone:
Engineer/Architect: Phone:
Attorney: TIMOTHY:E. OCHS Phone: 317-236-5952
Contact Person TIMOTHY E..00HS Phone: 317-236-5952
Email: TIMOTHY.00HS @ICEMILLER.COM AND NICHOLE.PERRY @ICEMILLER.COM
3) Applicant's Status: (Check the appropriate response)
• X (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 ofthelproperty involved: TNNYIF REIV SIERRA, LLC
Owner's address: 44 SOUTH BROADWAY, 10TH FLOOR,WHITE PLAINS; NY Phone:
5) Record of Ownership:
Deed Book No./Instrument No. 201,2070181 _
Page: Purchase date: NOVEMBER'13,201,2 .
6) Common address of the propert •involved: 11595 North Meridian.Street, Indianapolis, Indiana 46032
Legal description: See Attached
• Tax;Map Parcel.No.: 16-1'3-02-00-00-007.00,3
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/orrcrreates the need for this request).
• Petitioner reguests-the.following Variances of-Development-Standards of Chapter 2310.2(A)(1)and B(1)(US Highway 31 Overlay.
Zone) (1)to allow forno landscaping along a p"ortiori of US 31; (2)+/-2 feet of Planting Strip along a portion of 116 Street; and •
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(3)5,feet of Planting Strip along a portion of Pennsylvania Street, •
8) state reasons supporting the Development Standards Variance: (Additionally,cornplete the attached question
sheet entitled"Findings of Fact-Development Standards Variance"). The Variances'are needed to permit no landscaping
along US 31, +1-'2 feet for a portion of the planting strip along a portion of 116th Street and 5 feet for a portion of the planting strip
along'Pennsylvania Street, solely as a result of the acquisition of additional right=of-way'by,INDOT along US 31,116th Street and
Pennsylvania Street. The real estate taken dose not leave adequate room to comply with the requirements of the US Highway 31 •
Overlay'Zone.
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9) Present zoning classification of the property: B-6 and within the US Highway 31 Corridor'Overlay Zone
10) Size of lot/parcel in question: 6.3 acres acres
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11). Present use-of the property: Multi,-Story/Multi-Tenant Office Building
12) DescribetheIproposed use:fthe property: SAME
13) Is the property: Owner"occupied. Renter occupied X Other
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:n umber, instrument no., decision rendered and pertinent explanation., NO
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15) Has work for which this application'is being filed already started?:If answer.is yes, give details:
Building.Permit Number: N/A •
Builder:
16) if proposed appeal is granted, when will the work commence?
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17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
• NOTE LEGAL NOTICE!shall be,published'in,the Noblesville Times 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 priorto 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 NOT ICES IS THE RESPONSIBILITY OF THE APPLICANT.
The,applicant understands that docket,.numbers will not be assigned until all supporting information has been
submitted'to the:Department of`Commu Serv"- es.
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•• Applicant'Signaturei.. U � r _ C/ Date:
Tie;_applicanf certifes b y'si gnin g this ado!' ion that he/she has been adv i sed that all representations of the Department of
'Community Services are advisor yonly ant at the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney,
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
• FINDINGS.OF FACT DEVELOPMENT STANDARDS VARIANCE
Docket No.:
Petitioner:
1. The appro:val•of this variance will not;be injurious to`-the public flealth, safety', morals and general welfare of the,
community because:
• The variances-will simply.allow the continued operation;of'an existing multi tenant office building. The use of the subject real
estate is in the same manner as.that which has existed formany`years is not injurious to the public health.safety morals and
general welfare of the community. Thet;reduction in the landscaping°will not;irnpact public health, morals and welfare.
2. The use and value of.Te area adjacent to the property included the variance will not be affected in a
substantially adverse rnanner=becausei
The variances will simply allow for the continued operation of an existing`multi-tenant building, which has existed for many years
in this location. Continuing the'same use will have no substantial:adverse,irnpact on the use or value of the area adjacent as.the.
same use will remain intact. Moreover,the surrounding area is business offices in natureand the reduction in landscaping will
have no impact on these adjacent office buildings.
3. The strict application of the terms of the Zoning Ordinance tocthe property will result in practical difficulties in the
use of the property because:
The need for the variances arise,sol'ely;from the taking of right-of-way along U.S. Highway 31 by INDOT, as a result, inadequate
room exists for the required landscaping:
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, Carnnel/Clay Board of Zoning Appeals
• Conditions of the'Board are listed on back. Petitioner or representative to sign.
Page 10 - filenames development standards variance'2013.docz.rev,1/2/2013
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tip ji-7,Sre gt,4",tz".9:ii _-
CONSENT
The undersigned, TNHYIF REIV SIERRA, LLC, a Delaware limited liability company being the oWner of the
property commonly known as 1.1555 North Meridian Street, Carmel, 'Indiana, hereby authorizes Timothy E.
Ochs Of ice Miller LLP, to file an Application of Development Standards.Variance for the aforementioned
properties with the City of Carmel, Department of Community Services (Planning& Zoning)
This consent shall:
X Remain in effect until revoked by-a written statement filed with the Department of Community
Services (Planning & Zoning).
o Remain in effect until
TNHYIF REIV SIERRA, LLC,
a Delaware limited liability company
By: Dated: 6 .101
Printed Name: :1-6
Title: CA3-213
STATE OF " `"'"' )
COUNTY OF -
N v•-/
Subscribed and sworn to before me, a Notary Public for the State of Indiana, personally appeared
smorxA Gt10 L4-).A1,-1 the CF".0 of TNHYIF REIV SIERRA, LLC, a Delaware limited
liability company, who acknowledged the execution of the foregoing Consent Form.
Witness my hand,and Notary Seal this 4 day of /°1(-49 L451-2013.
Notary Name Printed: IN) I C.-- r\s
My ComMissiOn expires: 5 "°-(:)1 S. I reside in 1) Q ± - 'County,
State of NY ,
<NicOLEVI.-JAP, ;WC:
Notary Fitibite:!StittiO4****
Recjiltrition,i00106462524701_1:::
•Qualifiedin WAstn*courTt'' •
commisOion:Expire*Deciii*ap;Aols
3319784
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4�1 i 1 + ;dc) 2012070181 WPRRDEED $28.00
Mery L. Clark 11'/13/2012 02:30:'27P 6 PGS bit
/c3 /'10 v.Q{ma y 2O_ - �C.
HAMILTON County Recorder IN
�' ! Recorded as Presented
�/' c d vr,of H mittonCounty 1) IIIIIII111111IIIIIIIIIIIIII111111111111IIII111111111VIIINIIIIIII1111
Parcel #/6 13-02 00 00<-00`7. o03 ; 1/)1)/
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SPECIAL WARRANTY DEED
CTIC# 1'1� � 3 - 'WS •
This,instrumentwas preparedby:
Quarles.&,BradyiLLP
• 300 N.LaSalle lStiei,Suite4000 -
Chicago,Illinois 60554
Attn: Christopher T_DeMent
After Recording,Retnm,to: Send Tall tom!to: Tax/Parcel Numbers:
TNHYIF REIN SIERRA,:LLC TNHYIF REIV`SIERRA, 16-13-02•00-00-007.003
44 South Broady LLC
10t'Floor 44 Southadway
White Plains;NY`;10601 :10th Floes
• Attn: Rueveu Miebelson, White Mira,NY 10601
WESTMINSTER:ONE PENN LLC,an Indiana limited liability,company(".Grantor");
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with an address of 270'Westminster, Suite 30(11, Lake.Forest, Illinois; 60045, for good and,
• valuable consideratioripaid, has bargained and sold, and by these presents:does bargain,.sell,
grant and convey to TNHYIF. REIN SIERRA, LLC,;a Delaware; limited liability company
e`Grantee");with an address,of 44South Broadway 10th Floor,White'Plains,New York 10601,
the:following real estate(the"Land')located ha the City of Carmel;County of Hamilton,State of
'Indiana, as, More particularly described on Exhibit "A" attached hereto, together with all,
easements;coven1s,agreements,; ights,tenements,hereditaments°and appurtenances thereunto
belonging or appestaiaing.•including, without limiting the generality'thereof, (i) all of,the
structures;attachments and attached or non,attached.fixtures owned,by Grantor and installed in,
on over and under the Land, and(ii) Granttor's:rights, easements-'and other interests,if any in
alleys;walls,sidewallkc,vaults or other land alhattirigthe Land(collectively; the"Property"). It
i s'-the purpose'of tifivs deed:'to transfer fee simples aagle to the Property to.Grantee.
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Subject';to those•matters set forth on Eabllsit"B"attached hereto.
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To have and to hold the Property lo Grantee and Grantee's successors and assigns
forever, Grantor covenants:and warrants to Grantee and Grantee's successors and'assigns that
the Property'is free,of any:encumbrances made or suffered by said Grantor.except those set forth
on;Exhibit.B antd;that Grantor'and its succe chill warrant and defend the:Property against
the lawful claims of'all persons claiming by through or under Grantor (except as set forth
above);but against'mone other.
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Grantor is a limited liability company duly organized and validly existing under the
laws of the'State;of Indiana, and the person:e carting this Aced on behalf of Grantor.is fully
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QB\18515303 3•
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empowered to execute and,deliyer this deed Gran/or.has fully capacity to convey the Property
and all necessary company action for the making of on±c nveyance`has been tikeza and done.
[SIGNATURE PAGE IMMEDIATELY FOLLOWS]
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QB1185.15303.3 .
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IN WITNESS WHEREOF,Grantor has cause this Special Warranty Deed to be executed
this 7 day of November,2012.
GRANTOR:
WESTMINSTER ONE PENN LLC, an Indiana limited
liability company
• By: Westminster Fund VI L.P.,an Illinois limited
partnership,its sole member
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By: Westminster Advisors VI LLC,an Illinois
limited liabil' company, i . general partner
y: �/ / ' �A '
Na e: Kristi herin
Title:Authorized Agent
STATE OF ILLINOIS •
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COUNTY'OF LAKE - )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY,that the above named Kristi L. Sherin,as authorized agent of.Westminster
Advisors VI LLC, the general partner of Westminster Fund VI L.P., the sole member of
Westminster One Penn LLC, the grantor under the foregoing instrument, personally known or
identified to me to be the same person whose name is subscribed to the foregoing instrument as
such Authorized:Agent, appeared before me this day in person and acknowledged that he/she
signed and delivered the said instrument as his/her free and voluntary act; and the free and
voluntary act of such company, and pursuant to proper authority granted therefor, for the uses
and'purposes therein set forth. //��
GIVEN under my hand and notarial seal this pt day of November,2012. •
By: f 4 [S tiI . .
• of Public Edith Alfan
EdithAglfano
Nela i Public State,of Illinois
p �ol��� My CQrc;riraicn Expiras 12/ 1/2012
Commission Expires: /
I affirm,under penalties of perjury,that 1 have taken reasonable c re to r actea h Social
Security number in this document,unless required'by law.(,1\ets T (mNt
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QB\1 8515303:3
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EXHIBIT A
LAND
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Part of the Northwest,Quarter and.part of the Northeast Quarter of Section:2, Towniis p 17
North.Range3 E asttin7Hamilton County,andiana.bcing'more par dularly;described as follows:
fieginninoat;"a poinvom'the West fine.,of the•said Northeast Quarter.Seetion„South OOdegrees 22
minutes 08-'seconds'West.(assumed bearing) 40.02 feet from the Northwest (comer)of said
Nonheus.Quarter Section;thence North 88de91ees 36 minutes 14 seconds East, parallel'with
the North line of'said Northeast-Quarter Section,55:00 feet;.thence-South 46 degrees 23:minutes
46 seconds East 32,feetrsthenceiSouth 00 decrees 22 tninutest081seeonds West,,parallel with
the said West line)09 20 feet,thence Konfz;89 decrees 37 minutes 53 seconds'West 353.98 feet,
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thence.So 4�'degrees 22 minutei O8 seconds West 59.40 feet;thence-North 89 degrees 37
minutes 52;seconds•Wesrl60'35'feet totthe East limited:access right of`wily linc:of!U.S-31,(per
Indiana State Highway'Plans•Project SF F-232(9),dated 1973)'.;thence North 00 denrees•09
Minutes 51;seconds West along said-East limited access r of'way.line„3 3.31 feet;thence
.North 88 degrees 36 minutes 1-4 seconds East,parallel with the,North line of the's..rd Northwest
Quarter Section 11044 feet;thence North 00 degrees 09+minutes 52 seconds West I24.99 feet:
'thence North 88'degrees 36 minutes 14 seconds Fast, parallel With the North lihc.of'said
Northwest Quarter Section;381.45!feet to the Beginning:Point”
EXCEPT that::"pan conveyed to the City of Carmel by a Deed`dared,March 29,_.2000, and
recorded'November'16;,2000, as Instrument #20000057658, more particularly'describcd as
follows
• A peal of the Northeast;Quarter of Section 3:Township 17 North. Range:3.East,.Hamilton
(Aunty,fndiana,„being-part of the land described,in Deed'Instrument#9'00377:.tasrecorded in
the-Office of^the;Recorder of`Hamitton County,Indiana:lying within the,proposed right:of way
depicted on'tfte"Righrof Way Parcel Plat attached hereto and incorporated therein as E.ihibit A
and legally described asifoilows: •
Commenan .at:the.Northweit;comer'oIsaid Quaver Section;thende8outh 1 degree-730 minutes
31'seconds'Wesi 40 t02 feet#along'the West line of said Quarter Section to the Nonh:line of the
Owners Land;"thencce,Norih'.89 degrees 45 minutes 17 seconds;East 55 00.:feet along;said North
line to the Northeastem linetof the-owners land;:thence South 45 degrees 16 minutes 17 seconds
East 1208 feet,along'saidtNortheasiern:line to the',POLtiT OF BEGINNING of thrs,dcscription:
thence South 45 degrees.16 minutes 17 seconds East 1924 feet along-said Northeastern line to
the East lincrof the Owner's Land;thence South I.degree 30'mthutes 31 seconds West;509:20
fee:along said East line,tolthe Southeast cornerof the Owner's'I and;thence horth 85 degrees-29
minutes 39 seconds West 14.76 feet along the South fine of'the Owners, Land; thence
Northeasterly 48.82 feet along an,arc to the left and Ica ins a.radius of 1;864'.86,fee and"
subtendcd,bya„tong chordihav ng it bearing of North 2 degrees 16 minutes 11 seconds,East and a
length o1 48.84;feet to^the point designated as point '90” on said'.Right of Way Parcel Plat:
thence:North I:deree 31 minutes.l I seconds East 473.56 feet to the POINT OF'BEGLN?etNG.
. ALSO,'togeilterWiihtli)casement rights for the purpose of ingress and egress for the use and
benefit of the ,above "described real o!etc as created and reserved'be_, 'Cioss,Easemcnt
a3reemcnt cNccutcd September 13, 1933, and recorded September 13, 1983_in,Easement
Record I, pages"356=370„and (ii) with rights created under "Second Amended'and Restated.
Coordinated Development Agreement,executed December 22, 1986,and recorded;December 29,
1986,131AlisecItancous Record 190,pace 109.
QB\1851 5303.3
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EXHIBIT E
PERMITTED EXCEPTIONS•
1. Taxes for the5year 2012.dne in 2013 are not-yet due and payable.
2. Possible municipal and/or sewer assessments which may be levied by the municipality,.if
any.
3. Rights of.wayfor drainage tiles,feeder and,laterals,if any
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_ - 4. Rights.of the public and others entitled thereto in and to theiuse of that portion of the
property with'inthe,bounds of any.:road or highways:
5. Terms and provisions,of a,Cross-Easement Agreement byandbetween Meridian Mike
Associates and Albert and Adele;Lowe,datedSeptember,13,1983 and recorded
September 1-3,,1983 in Book 1,page 356 as:Instrument No_83:11269:(TRACTS I&lI)
6: Permanent extinguishment of all rights and easements of ingress and egress to from and
across'the'limited"taccess facility(known as.U.S.#31)ter and fromjtheland as set out in a
Deed recorded in Deed Record 244,,page 282.(TRACT,I)
7. Terms and:provisions of a Coordinated Development Agreement by and.among
Meridian Mile Associates,. Allied_Fidelity Insurance Company; Meridian Corporate
Center and R.V..Welch Investments, Inc.,,dated May,24; 1.983 and recorded May 25,
1983 in Book 174;,,page 585 as Instrument No '83-5642_ Amended by Amended and
Restated Coordinated:Development Agreement recorded'August" 1, 1984 in Book 179,
page-.5651 as ;Instrument No '8440273. Further amended by Second Amended and
Restated Coordinated Development Agreement dated'December'22; 1986 and recorded
December 29; 1986 in Book 190,page 109,as lnstrument No.:;86-29469.(TRACTS I&
II)..
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_ 8: Terms and provisions of an Agreement Releasing and Granting Utility;Easement
between Indiana.Bell Telephone Company and Meridian,Corporate Center,dated
.December.31,:1982 and recorded January 24, 1983 in Book 1,page 28,as'Instrument
No..83-785':..(TRACT D
9. Terms-and provisions of an Agreement Releasing:and,Granting Utility,Easement
between Indiana.Bell.Telephone Company and Meridian Corporate:Center,dated
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January 12, 1983 and recorded January"24, 1983 in,Book 1,page 32 as:Instrument
No 83=786..(TRRACTS I&II)
10.Terms and!provisions_of a Unified Development and Abutting WallAgreementby East
Meridian Associates,LTD and NCR Corporation,dated May24, 1984 and-recorded May
24,-1984 in Book 1:78,page 847 as Instrument N .84-6743.Amended'by Second
Q1311'8515303.3
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ende recorded Dec e-and, Coordinated Development Agree rent dated December 22,
1986 and 29, 1986 in Book 190,page 109,as Instrument No.86-
29469.(TRACT I)
11.'Termsand provisions of an FA cement Agreement by and between Principal):ife
Insurance Company'fka Principal Mutual Life Insurance Company and'"IheCity of
Carmel Indiana,dated October.15,1999 and recorded November 22, 1999 as
Instrument No. 1999009967993..(TRACT I)
12.Easement granted to PSI Energy,Inc.,dated March 3,2000 and recorded March 11,
2000 as Instrument No 200000022910.(TRACT I)
13.Permanent extinguishment of all rights and easements of ingress=and,egress to from
and across the limited access facility(known as,U.S.R 31,and°Project ST-F-222(9))to
and from the land as set'out`in Warranty Deed-to the State of Indiana,recorded May
24, 1971 in Book 244,page282 as Instrument No.9276.(TRACT II)
14.Electric.Underground:Line.Easement in favor of Public.Service Company,of Indiana,
Inc.,dated November 30, 1984 andrecorded in Book 4,.:pages-448;-450'as:Instrument
#22208,and re-recorded,September 18,1986 as Instrument;No_:8620313'.(IRACTII)
15.Grant:of Telephone Easement in favor of Office Networks,Inc:,dated';January 3,1992
and recorded]anuary'6, 1992 as Instrument No_9200374.(TRACT II)
16. Easement-Agreement`between OP&F Indianapolis,LLCand;the City of Cannel,Indiana,
dated Marcfi29,20001and recorded November.16,2000.as Instrument No_
20000057650:.(TRACT-II)
17.Underground Line Easementinfavor of PSI Energy;Inc.,dated March 29,2000 and
recorded May,17,`2000 as Instrument No.20000023713.(TRACTlI)
• 18.Memorandum of Lease by and between Zeller-Meridian,LLC and AT&T wireless PCS,
LLC,dated October 10;:2002 and recorded July 8,2003 as Instrument No.
2003'000655171 Modified by First Amendment to Memorandum of Lease,recorded.
September 8,2006as.Instrument No.200600053690.(TRACT II)
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19.Rights of tenants under unrecorded leases as disclosed in that certain Contract for
Prircfiase Of Real Estate (as amended and modified from time to time) dated as of
S'epte'mber 5,2012,•between Grantor and Grantee_
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QBU 85153033' -
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