HomeMy WebLinkAboutApplication Donahue-Wold, Alexia K •
From: Donahue-Wold, Alexia K
Sent: Thursday, October 17, 2013 5:34 PM
•
To: Barnes, David R; Blanchard, Jim E; Conn, Angelina V; Donahue-Wold, Alexia K; Duncan,
Gary R; Foley, Amanda J; Hollibaugh, Mike P; John Molitor; Kass, Joslyn; Keeling, Adrienne
M; Keesling, Rachel 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
Subject: Docket No. Assignement: (V) Flix & Merchant's Square Parking (#13100011 V)
I have issued the necessary Docket Number for(V) Flix& Merchant's Square Parking . It is the following:
(V) Flix& Merchant's Square Parking
The applicant seeks the following development standards variance for reduced parking:
Docket No. 13100011 V ZO CH: 27.08 Parking Spaces Required
The site consists of 15.88 acres and is located at 2206 E 116th Street. The site is zoned B-8/Business. Filed by Ross •
Gallentine of Ramco-Gershenson Properties, LLC.
Ross can be contacted at(248)592-6326, or at raallentinp @rgpt.com.
Filing Fees: Development Standards Variance Commercial, Hearing Officer ($627.50)
Total Fee: $627.50
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 October 19, 2013. Published notice is required
within the Noblesville;Times. Get the public notice ad to the Times by 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 @thetimes24-7.com). Note:the
placement of a public hearing sign on 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. Nine (9) Informational Packets(see#6 on page 3 of the application) must be delivered to BZA Secretary Connie
Tingley no later than NOON. Friday, October 18,2013. 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, October 25,2013.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. This Item will appear on the TUESDAY.October 29,2013 agenda of the Board of Zoning Appeals Hearing Officer
Meeting at 5:30 pm 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 to the 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. Public notice requirements:
•
1
a. Make sure the public no•meeting time to the newspaper and neirs reads 5:30 PM. It is suggested to
send the notice to the Noblesville Times newspaper by 11:00 am,two days prior to the printing deadline
(765-365-2316 or Ieealst thetimes24-7.com).
b. Please provide the Proof of Publication affidavit from the Noblesville Times, once you receive it.
c. Please provide filled out and notarized Public Notice Sign Placement Affidavit (page 4).
d. Please provide the Petitioner's Affidavit of Notice of Public Hearing form (page 8).
e. Please provide proof of notice from the public notice mailings once you receive them.
4. Please provide additional info/analysis of the existing parking versus the required parking.
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
awold@carmel.in.gov
EA Please consider the environment before printing this e-mail
2
•
• •
CITY OF CARMEL- BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEES: Single Family(Primary Residence)$302 for the first variance,plus$93.00 for each additional echo - f t� E'VED
■ordinance being varied. All Other$1,197 for the first variance,plus$565 for each additional section(Vie-
ordinance t
ordinance being varied. Or,see Hearing Officer Option&Fees. � 1 7 2013
DOCKET NO. DATE RECEIVED: . '-r11 rip q 4a.•
1) Applicant -Merchants''450 LLC.
r w �/
Address: 31500 Northwestern Hwy.,Suite 300,Farmington Hills,MI 48334
2) Project Name: Flix Brewhouse-Parking - Phone: 248-350-9900
Engineer/Architect: Camburas&Theodore Ltd. Phone: 847-298-1525
Attorney: Phone:.
Contact Person: Ross S.Galientine Phone: 248-592-6326
Email: rgallentineargpt.com
3) Applicants Status:(Check the appropriate response)
(a)The applicant's name is bn the deed to the property (b)The applicant is'the contract
purchaser of the property. (c) Other. X
4) If Item 3)(c)is checked,please complete the following:
Owner of the property involved:, Ramco-Gershenson Properties,LLC
Owner's address: 31500.Northwestern Hwv.,Suite 300,Farmington Hills,148334 Phone:248-350-9900
5) Record of Ownership:
Deed Book Nodlnstrument No. 200400003893/2007004670
Page:. ... Purchase date:. .. . 2010
6) Common address of the property involved: 2206 E.116"Street,Carmel,IN 46032
Legal description: See Attached Exhibit"B"
Tax Map Parcel No.: 16=90-08-00-00-034-375
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).
Bring the existing noncompliant parkinq.to code and provide new parking for Fib:. CodeSection Chapter27,08.
8) State reasons supporting the Development Standards Variance:(Additionally,complete the attached question
sheet entitled"Findings of Fact-Development Standards Variance").
Bring existina.Shoppinq Center up to code
•
•
•
•
• •
9) Present zoning classification of the property: B-8 I.Business
10) Size of lot/parcel in question: 15.888 acres
11) Present use of the property: Commercial
12) Describe the proposed use of the property: Commercial
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 number,instrument no.,decision rendered and pertinent explanation.
No
15) Has work for which this application is being filed already started?If answer is yes,give details:
Budding Permit Number: No
Builder:
16) If proposed appeal is granted,when will the work commence?
. As soon as weather permits
17) If the proposed variance is granted,who will operate and/or use the proposed improvement for which this
application has been filed?
Shopping Center
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 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.
The applicant understands that docketnumbers will not be assioned:until allsupportinp information has been
submitted to the Department:of Community Services.
Applicant Signature: Date:
The applicantcertifies by signing this application that he/she has been advised that all:representations of the Department of
Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney.
OZI l ?013
•
•
•
Vic,
• s .
CITY OF CARMEL- BOARD OF ZONING APPEALS
APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE
FEES: Single Family (Primary Residence) $302 for the first variance, plus $93.00 for each additional section of the
ordinance being varied. All Other$1,197 for the first variance, plus $565 for each additional section of the
ordinance being varied. Or, see Hearing Officer Option & Fees.
DOCKET NO. 13100011V DATE RECEIVED: October 17,2013
1) Applicant: Ramco-Gershenson, Inc.
Address: 31500 Northwestern Hwy.,Suite 300, Farmington Hills,MI 48334
2) Project Name: Flix Brewhouse-Parking Phone: 248-350-9900
Engineer/Architect: Camburas&Theodore Ltd. Phone: 847-298-1525
Attorney: Phone:
Contact Person: Ross S. Gallentine Phone: 248-592-6326
Email: rgallentine(a,rgpt.com
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: X
4) If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Ramco-Gershenson Properties, LLC
Owner's address: 31500 Northwestern Hwy., Suite 300, Farmington Hills, 148334 Phone:248-350-9900
5) Record of Ownership:
Deed Book No:/Instrument No. 200400003893/007004670
Page: Purchase date: 2010
6) Common address of the property involved: 2140-2472 E. 116th Street, 271 Merchants'Square Drive,and 1235
Keystone Way, Carmel, IN 46032
Legal description: See Attached Exhibit"A"
Tax Map Parcel No.: 16-90-08-00-00-034-375; 16-10-31-00-00-011, 16-10-31-00-00-012.000; 16-10-31-00-00-
013.000; 16-10-31-00-00-016.000; 16-10-31-00-00-016-011; 16-10-31-00-00-016.012; 16-10-31-00-00-016.025; 16-10-
31-00-00-016.026; 16-10-31-00-00-016.029; 16-10-31-00-00-013.001
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).
Bring the existing noncompliant parking to code and provide new parking for Flix. Code Section Chapter 27.08.
8) State reasons supporting the Development Standards Variance: (Additionally,complete the attached question
sheet entitled "Findings of Fact-Development Standards Variance").
Bring existing Shopping Center up to code
•
9) Present zoning classification of the property: B-8 /Business
10) Size of lot/parcel in question: 25.6374 acres
11) Present use of the property: Commercial
12) Describe the proposed use of the property: Commercial
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 number, instrument no., decision rendered and pertinent explanation.
No
15) Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number: No
Builder:
16) If proposed appeal is granted, when will the work commence?
As soon as weather permits
17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this
application has been filed?
Shopping Center
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 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.
The applicant understands that docket numbers will not be assigned until all supporting information has been
submitted to the Department of Community Services.
Applicant Signature: '∎ 1!i Date: /7
The applicant certifies by gning this application that he/she has been advised that all representations of the Department of
Community Services are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or
the legal advice of his/her attorney.
• •
AFFIDAVIT
I, hereby swear that I am the owner/contract purchaser of 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 knowledge and belief. I,the undersigned,authorize the applicant to act on my behalf with regard
to this application and subsequent hearings and testimony.
t
-.. :0- 10foc:ae
S ..._i
igned:
(Pro a Owner, Attorney, or Power of Attorney) Date
MI } AEL J. SULLIVAN
SENIO VICE PRESIDENT
ASSET MANAGEMENT
(Please Print)
STATE OF MICHIGAN
SS:
County of Oakland Before me the undersigned, a Notary Public
(County in which notarization takes place)
for Macomb County, State of Michigan, personally appeared
(Notary Public's county of residence)
1'C. .�1 5\J I�i V 124V\... and acknowledge the execution of the foregoing instrument this
(Property Owner, Attorney, or Power of Attorney)
17th day of October , 2013
r
rotary Public--S gnat re
(SEAL)
Margaret L. Lembas
Notary Public--Please Print
My commission expires: July 9, 2019
I MARGARET L LEMBAS — — i
Notary Public-Michigan
Macomb County
1 My Commission Expires 019
Acting In the County of 0
Page 6 - filename:application development standards variance 20.13.docx rev.1/2/2013
• •
EXHIBIT A - LEGAL DESCRIPTION
PARCEL A:
Part of the South Half of Section 31, Township 18 North, Range 4
East of the Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees 50
minutes 15 seconds East (assumed bearing) on the South line of
said South Half, 2313 .00 feet; thence North 00 degrees 09
minutes 45 seconds West 866.00 feet; thence North 89 degrees 50
minutes 15 seconds East 41.89 feet to a point on the Westerly
line of parcel of real estate conveyed to Mundy Realty, Inc. by
a Warranty Deed recorded as Instrument Number 9709749655 in the
. Office of the Recorder of Hamilton County, Indiana, said point
being also on the Easterly line of a parcel of real estate
designated as right-of-way for "AAA" Way Drive in a conveyance •
to the City of Carmel, .Indiana, for the use and benefit of its
• Department of Redevelopment, by a Limited Warranty Deed
recorded as Instrument Number 9809828789 in the Office of the
• Recorder of Hamilton County, Indiana; (the following five
courses are on the Easterly line of said right-of-way parcel of
real estate described in Instrument Number 9809828789) 1. )
thence North 00 degrees 15 minutes 30 seconds West 8.62 feet to
the Northwesterly corner of said Mundy real estate, said corner
being the PLACE OF BEGINNING of the within described parcel of
real estate; 2 . ) thence North 00 degrees 15 minutes 30 seconds
West 78 .30 feet; 3 . ) thence North 15 degrees 01 minute 43
seconds East 31 .38 feet; 4. ) thence North 27 degrees 17 minutes
26 seconds East 235 .11 feet to a point on a line that is 35 .00
feet East of and parallel with the East line of real estate
conveyed to Hoosier Motor Club, by a Warranty Deed recorded on
pages 519 and 520 of Deed Record 329 in said Recorder' s Office;
5.) thence North 00 degrees 09 minutes 45 seconds West on said
line 225 .88 feet to the Southwesterly corner of a parcel of
real estate designated as "Street B" in said conveyance to the
City of Carmel, Indiana, by Instrument Number 9809828789; (the
following nine courses are on the Southerly and Southwesterly
perimeter lines of said "Street 8" parcel) 1. ) thence North 44
degrees 50 minutes 15 seconds East 21.21 feet; 2. ) thence North
89 degrees 50 minutes 15 seconds East 385.00 feet; 3.) thence
South 67 degrees 59 minutes 16 seconds East 38 .54 feet; 4.)
thence South 45 degrees 48 minutes 47 seconds East 149.23 feet;
•
•
EXHI$IT A - CONT'D
5 . ) thence South 58 degrees 02 minutes 27 seconds East 213 .28
feet; 6 . ). thence South 17 degrees 48 minutes 57 seconds East
48 .70 feet; 7. ) thence South 56 degrees 04 minutes 13 seconds
East 51.47 feet; 8 .) thence North 72 degrees 04 minutes 13
seconds East 38.14 feet; 9.) thence South 56 degrees 04 minutes
13 seconds East 128.31 feet to the Southeasterly corner of said
"Street B" parcel on the Southwesterly right-of-way line of a
street known locally as Keystone Way East, as said- right-of-way
was dedicated to the City of Carmel, Indiana, per a document
titled "Acknowledgment of Dedication and Acceptance" recorded
as Instrument Number 3688 on pages 493 through 497 of
Miscellaneous Record 159 in said Recorder's Office, said line
being also the Southwesterly line of a parcel of land described
as "Tract A" in a conveyance to the City of Carmel, Indiana,
for the use and benefit of its Department of Redevelopment, per
. a Limited Warranty Deed recorded as Instrument Number .
200100050090 in said Recorder's Office; thence South 34 degrees
00 minutes 28 seconds East on the Southwesterly line of said
"Tract A" , a distance of 30.83 feet to a point on the Northerly
line of real estate conveyed to MCL, Inc. by a Warranty Deed
recorded on pages 213 and 214 'of Deed Record 300 in said
Recorder's Office; thence South 89 degrees 50G minutes 15
seconds West 189 .07 feet to the Northwesterly corner of said
MCL, Inc. real estate; thence South 00 degrees 09 minutes 45
• seconds East 438 .05 feet; thence South 89 degrees 50 minutes '15
seconds West 60 .00 feet; thence South 00 degrees. 09 minutes 45
seconds East 255 .00 feet; thence South 89 degrees 50 minutes 15
seconds West 45 .00 feet; thence South 00 degrees 09 minutes 45
seconds East 57 .47 feet to the Northeasterly corner of a parcel
of real estate designated as "Street A" in said conveyance to
the City of Carmel, Indiana, by Instrument Number 9809828789;
(the following three courses are on the Northerly line of said
"Street B" parcel) 1. ) thence South 89 degrees 50 minutes 15
seconds West 73 .00 feet; 2 .) thence North 89 degrees 36 minutes
53 seconds West 72.00 feet to a point on a line that is the
Easterly prolongation of the South line of the aforesaid real
estate conveyed to Mundy Realty Inc. by the aforesaid Warranty
Deed recorded as Instrument Number 9749655; 3 . ) thence South 89
•
degrees 44 minutes 30 seconds West on said line 250.00 feet to
the Southeasterly corner of said real estate; (the following
ten courses are on the Easterly and Northerly lines of said
"Mundy" real estate) 1. ) thence North 00 degrees 15 minutes 30
seconds West 532.37 feet; 2 .) thence South 89 degrees 44
minutes 30 seconds West 54.90 feet; 3 . ) thence North 00 degrees
15 minutes 30 seconds West 13 .93 feet; 4. ) thence South 89
degrees 44 minutes 30 seconds West 157.25 feet; 5. ) thence
-2-
•
•
!II 411 M
•
EXHIBIT A - CONT'D
North 00 degrees 15 minutes 30 seconds West 32.00 feet; 6. )
thence South 89 degrees 44 minutes 30 seconds West 68. 00 feet;
7 . ) thence North 00 degrees 15 minutes 30 seconds West 74.19
feet; 8 . ) thence South 89 degrees 44 minutes 30 seconds West
56.00 feet; 9 . ) thence South 00 degrees 15 minutes 30 seconds
East 66 .19 feet; 10 . ) thence South 89 degrees 44 minutes 30
seconds West 61 .00 feet to the place of beginning at the
Northwesterly corner of said Mundy real estate.
ALSO, PARCEL B:
Part of the South Half of Section 31, Township 18 North, Range 4
East of the Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees .50
minutes 15 seconds East (assumed bearing) on the South line of
said South Half, 2313 .00 feet; thence North 00 degrees 09
minutes 45 seconds West 45.00 feet to the Northerly line of a .
parcel of real estate' conveyed to the City of Carmel, Indiana,
•
for the use and benefit of ' its Department of Redevelopment,- by
a Limited Warranty Deed recorded as Instrument Number ' .
9809828789 in the Office of the Recorder of Hamilton County, . . . .
Indiana; thence North 89 degrees 50 minutes 15 seconds East on
the Northerly line of 'said real estate 165 .34 feet to the
Southeasterly corner of real estate conveyed to the City of
Carmel Indiana, for the use and benefit of its Department of
Redevelopment, by a Limited Warranty Deed recorded as
Instrument Number 200200053381 in said Recorder's Office, said
corner being the PLACE OF BEGINNING of the within described
parcel of real estate; thence continuing North 89 degrees 50
minutes 15 seconds East on the Northerly line of said real
estate 469.68 feet to its intersection with the Northerly
right-of-way line of 116th Street; thence North 89 degrees 01
minute 00 seconds East on said right-of-way line 200.00 feet to
a point on the Westerly line of real estate described in a
Warranty Deed recorded as Instrument Number 9331038 in said
Recorder's Office; thence North 00 degrees 09 minutes 45
seconds West on the Westerly line of said real estate 199 .63
feet to the Southeasterly corner of a parcel of real estate as
conveyed to the City of Carmel, Indiana, for the use and
benefit of its Department of Redevelopment, per the aforesaid
Limited Warranty Deed recorded as Instrument Number 9809828789;
thence South 89 degrees 50 minutes 15 seconds West on the
-3-
•
4111 •
EXHIBIT A - CONT'D
Southerly line of said real estate 592 .00 feet; thence South 00
degrees 09 minutes 45 seconds East on a line of said real
estate 6.75 feet; thence South 89 degrees 50 minutes 15 seconds
West on the Southerly line of said real estate 170 . 00 feet;
thence South 43 degrees 13 minutes 53 seconds West on the
Southerly line of said real estate 18.92 feet to the
Southwesterly corner of said parcel of real estate, said corner
being on the Easterly line of a parcel of real estate as
conveyed to the City of Carmel, Indiana, for the use and
benefit of its Department of Redevelopment, per the aforesaid
Limited Warranty Deed; thence South 00 degrees 09 minutes 45
seconds East on the Easterly line of said real estate 160.00
feet; thence South 45 degrees 09 minutes 45 seconds East on
said Easterly line 10 .25 feet to the Northwesterly corner of
said real estate conveyed to the City of Carmel, Indiana by
said Instrument Number 200200053381; thence South 81 degrees 36
minutes 39 seconds East on the Northerly line of said real
estate 99 .20 feet to the place of beginning.
• ALSO, PARCEL C:
Part of the South Half of Section 31, Township 18 North, Range
4 East of the Second Principal Meridian in Clay Township, •
. Hamilton County, Indiana, described as follows: . . .
Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees 50
minutes 15 seconds East (assumed bearing) on the South line of
said South Half, 2313 .00 feet.; thence North 00 degrees 09
minutes 45 seconds West 594.00 feet; thence North 42 degrees 09
minutes 00 seconds West 26.91 feet to the PLACE OF BEGINNING of
the within described parcel of real estate; thence continuing
North 42 degrees 09 minutes 00 seconds West 29 .59 feet to a
Northeasterly corner of real estate conveyed to First Indiana
Federal Savings Bank by a Warranty Deed recorded on page 228 of
Deed Record 268 in the Office of the Recorder of Hamilton
County, Indiana, thence South 89 degrees 50 minutes 15 seconds
West on the Northerly line of said real estate 249 .56 feet to
the Northwesterly corner of said real estate, said corner being
on a line that bears North 61 degrees 40 minutes 00 seconds
West from a point on the aforesaid line having a length of
594.00 feet and bearing North 00 degrees 09 minutes 45 seconds
West from the point on the South line of said South Half;
thence North 61 degrees 40 minutes 00 seconds West 469 .53 feet
to the Southerly right-of-way line of a roadway known as Carmel
-4-
III i
EXHIBIT A - CONT'D
Medical Drive, as said right-of-way was dedicated to the City of
Carmel, Indiana, by a document titled "Acknowledgment of
Dedication and Acceptance" executed on December 11, 1979 by the
City of Carmel, Indiana, through its Board of Public Works and
recorded on pages 493 through 497 of Miscellaneous Record 159
in said Recorder' s Office; thence North 00 degrees 09 minutes
45 seconds West 25 .65 feet to the centerline of said roadway;
thence North 76 degrees 56 minutes 20 seconds East on said
centerline 76 .58 feet to the point of curvature of a curve to
the left, the radius point of which lies 200 .00 feet North 13
degrees 03 minutes 40 seconds West from said point of
curvature; thence Northeasterly, curving to the left on said
centerline, an arc distance of 170.17 feet to the Southwesterly
corner of real estate conveyed to the United States Postal
Service by a Warranty Deed recorded on pages 865 and 866 of
. Deed Record 326 in said Recorder's Office; thence North 89
degrees 50 minutes 15 seconds East on the Southerly _line of
said real estate 146.24 feet to a point that is 258 .75 feet
South 89 degrees 50 minutes 15 seconds West from the Southeast
corner of said real estate; thence South 00 degrees 09 minutes
45 seconds East 48 .00 feet; thence North 89 degrees 50 .rctinutes
15 seconds East 258 .75. feet; thence North 00 degrees 09 minutes
. 45 seconds West 48 .00 feet to the Southeast corner of said-..real
estate, being also the Southwesterly corner of real estate
conveyed to the United States Postal Service by a Warranty Deed
recorded as Instrument Number 8729055 in said Recorder's • .
Office; thence North 89 degrees 50 minutes 15 seconds East on
the South line of said real estate 87 .29 feet to a point on the
Westerly line of parcel of real estate conveyed to the City of
Carmel, Indiana, for the use and benefit of its Department of
Redevelopment, by a Limited Warranty Deed recorded as
Instrument Number 9809828789 in said Recorder' s Office; thence
South 15 degrees 01 minute 43 seconds West on said Westerly
line 62.14 feet; thence South 00 degrees 09 minutes 45 seconds
East on said Westerly line 328 .75 feet to the place of
beginning.
ALSO, PARCEL D:
Part of the South Half of Section 31, Township 18 North, Range
4 East of the Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows :
Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees 50
-5-
M1 ' , • ,
EXHIBIT A - CONT'D
minutes 15 seconds East (assumed bearing) on the South line of
said South Half, 2313 .00 feet; thence North 00 degrees 09
minutes 45 seconds West 866 .00 feet; thence North 89 degrees 50
minutes 15 seconds East 41.89 feet to a point on the Westerly
line of parcel of real estate conveyed to Mundy Realty, Inc. by
a Warranty Deed recorded as Instrument Number 9749655 in the
Office of the Recorder of Hamilton County, Indiana, said point
being also on the Easterly line of a parcel of real estate
designated as right-of-way for "AAA" Way Drive in a conveyance
to the City of Carmel, Indiana, for the use and benefit of its
Department of Redevelopment, by a Limited Warranty Deed
recorded as Instrument Number 9809828789 in the Office of the
Recorder of Hamilton County, Indiana; (the following five
courses are on the Easterly line of said parcel of real estate)
1.) thence N 00 degrees 15 minutes 30 seconds West 8. 62 feet;
2. ) thence North 00 degrees 15 minutes 30 seconds West 78 .30
feet; 3.) thence North 15 degrees 01 minute 43 seconds East
•
31.38 feet; 4.) thence North 27 degrees 17 minutes 26 seconds
East 235.11 feet to a point on a line that is 35 .00 feet East
of and parallel with the East line of real estate conveyed to
. Hoosier Motor Club, by a Warranty Deed recorded on pages 519
and 520 of Deed Record 329 in said Recorder's Office; :5 : )
thence North 00 degrees 09 minutes 45 seconds West .-on said line
• 285 .88 feet to the Northwesterly corner of a parcel.of .real
. estate designated as "Street B." _in said conveyance. to the .City
of Cannel, Indiana, by Instrument Number 980-9828789, said
corner being on the Northerly line of a parcel of real estate
conveyed to Ben Mar, LLC, by a Warranty Deed recorded as
Instrument Number 9709749659 in said Recorder's Office; thence
North 89 degrees 50 minutes 15 seconds East on the Northerly
line of said "Street B" parcel, being also the Northerly line
of the real estate conveyed to Ben Mar, LLC, by Instrument
Number 9709749659, a distance of 432 .00 feet to the
intersection of said line with the Northeasterly line of said
"Street B" parcel, said intersection being the PLACE OF
BEGINNING of the within described parcel of real estate; (the
following four courses are on the Northeasterly line of said
"Street B" parcel) 1. ) thence South 45 degrees 48 minutes 47
seconds East 142 .00 feet; 2 . ) thence South 58 degrees 02
minutes 27 seconds East 247.00 feet; 3 . ) thence North 68
degrees 05 minutes 48 seconds East 41.89 feet; 4. ) thence North
22 degrees 21 minutes 21 seconds East 9 .01 feet to a point on
the Northwesterly prolongation of the Southwesterly
right-of-way line of a street known locally as Keystone Way
East, as said right-of-way was dedicated to the City of Carmel,
Indiana, per a document titled "Acknowledgement of Dedication
-6-
, •
III
• EXHIBIT A - CONT'D
and Acceptance" , recorded as Instrument Number 3688 on pages
493 through 497 of Miscellaneous Record 159 in said Recorder's
Office, said point being also the Southwesterly corner of a
parcel of real estate designated as "Tract C" in a conveyance
to the City of Carmel, Indiana, for the use and benefit of its
Department of Redevelopment, by a Limited Warranty Deed
recorded as Instrument Number 98098287.90 in the Office of the
Recorder of Hamilton County, Indiana; thence continuing North 22
degrees 21 minutes 21 seconds West on the Westerly line of said
"Tract C" parcel 33 .48 feet; thence North 18 degrees 43 minutes
12 seconds East on the Westerly line of said "Tract C" parcel
90.82 feet to a point on the Southerly line of real estate
conveyed to Barnes Investment II Co. , per a Warranty Deed
recorded as Instrument Number 9909905538 in said Recorder' s
Office, said Southerly line being also the Easterly
prolongation of a Northerly line of the real estate conveyed to .
Ben Mar, LLC , by Instrument Number 9709749659; thence South 89
degrees 55 minutes 00 seconds West on the Southerly line of said
"Barnes" real estate 293 .37 feet to the Southwesterly corner of '
said "Barnes" real estate on the Easterly line of real estate
.conveyed to Keystone Shopping Center Company by' a Warranty Deed . .
recorded on pages 17 and 18' of Deed Record 316 in said
Recorder' s Office; thence North 00 degrees 05 minutes 00 seconds
. . West on the Westerly line of said "Barnes" real estate, being
also the Easterly line of the .real estate conveyed to Ben Mar,
. .LLC, per Instrument Number 9709749659, .a distance of 89 .50 feet
to the Northeasterly corner of said "Ben Mar, LLC" real estate;
thence South 89 degrees 50 minutes 15 seconds West on the
Northerly line of said real estate 102 .07 feet to the place of
beginning.
ALSO, PARCEL E: 1
Part of the South Half of Section 31, Township 18 North, Range .
4 East of the Second Principal Meridian in Clay Township,
Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section
31, Township 18 North, Range 4 East; thence North 89 degrees
50 minutes 15 seconds East (assumed bearing) on the South line
of the South Half of said Section 31, a distance of 2847.20
feet; thence North 00 degrees 10 minutes 00 seconds West 19 .00
feet; thence North 75 degrees 16 minutes 00 seconds East 103 .30
feet to the Northerly right-of-way line of 116th Street; thence
North 89 degrees 01 minute 00 seconds East on said right-of-way
-7-
ewes
EXHIBIT A - CONT'D
line 350 .00 feet; thence North 88 degrees 58 minutes 00 seconds
East on said right-of-way line 100 .10 feet to its intersection
with the Westerly Limited Access Right-of-Way Line of Indiana
State Road No. 431 (a/k/a Keystone Avenue) ; thence Northerly on
said Limited Access Right-of-Way Line the following four
courses, North 44 degrees 13 minutes 00 seconds East 150.30
feet; thence North 02 degrees 05 minutes 00 seconds East 301.50
feet; thence North 00 degrees 41 minutes 00 seconds East 572 .80
feet; thence North 87 degrees 16 minutes 00 seconds West 51.10
feet to the Southeasterly corner of a parcel of real estate
conveyed to Ben Mar, LLC, per a Special Corporate Warranty Deed
recorded as Instrument Number 200000063501 in the Office of the
Recorder of Hamilton County, Indiana, said corner being on the
Northeasterly line of a non-exclusive Utility Easement and
Right-of-Way line for a roadway known. locally as Keystone Way
East, as said right-of-way was dedicated to the City of Carmel,
Indiana, per a document titled "Acknowledgment of Dedication
and Acceptance" recorded as Instrument Number 3688 on pages 493
through 497 of Miscellaneous Record 159 in said Recorder' s
Office, said line being also the Northeasterly line of a parcel
of land described as "Tract A" in a conveyance to the City of
Carmel, Indiana, for the use and benefit of. its Department of
Redevelopment, per a Limited Warranty Deed recorded as
Instrument Number 200100050090 in said Recorder's Office, said
• corner being the. PLACE OF. BEGINNING of the within described real
estate and also lying on a non-tangent curve, the radius point
of which lies 325 .00 feet South 59 degrees 27 minutes 50
seconds West of said corner; thence Northwesterly, curving to
the left on said curve and the Northeasterly line of "Tract A" ,
an are distance of 19 .69 feet to the point of tangency of said
curve at a point that is 325 .00 feet North 55 degrees 59
minutes 32 seconds East of the radius point of said curve;
thence North 34 degrees 00 minutes 28 seconds West on said
Northeasterly line 54.03 feet; thence North 56 degrees 04
minutes 13 seconds West on the Northeasterly line of said
"Tract A" parcel, a distance of 133 .11 feet to a point on the
Southwesterly line of the aforesaid non-exclusive Utility
Easement and Right-of-way Line, being common with the
Northeasterly line of a parcel of land designated "Street B" in
a conveyance to the City of Carmel, Indiana, for the use and
benefit of its Department of Redevelopment, by a Limited
Warranty Deed recorded as Instrument Number 9809828789 in the
Office of the Recorder of Hamilton County, Indiana; thence
North 34 degrees 00 minutes 28 seconds West on said common
line, a distance of 55 .26 feet to its intersection with the
Southeasterly line of a parcel of real estate designated as
-8-
•
mew
4 •
EXHIBIT A - CONT'D
"Tract C" in a conveyance to the City of Carmel, Indiana, for
the use and benefit of its Department of Redevelopment, by a
Limited Warranty Deed recorded as Instrument Number 9809828790
in said Recorder's Office: thence North 22 degrees 21 minutes
21 seconds West on the said Southeasterly line of said "Tract
C" parcel and the Northeasterly prolongation thereof, being the
Southeasterly line of a parcel of real estate designated as
"Tract D" in said conveyance to the City of Carmel, Indiana, a
total distance of 119.92 feet; thence North 14 degrees 44
minutes 09 seconds East on the Southeasterly line of said
"Tract D" parcel 53 .14 feet to its intersection with the
Easterly line of a non-exclusive easement and right-of-way for a
roadway known locally as Keystone Way, being also the Easterly
line of the aforesaid "Tract C" parcel of land, said line being
on curve, the radius point of which lies 174 .10 feet North 75
degrees 15 minutes 51 seconds West from intersection; thence
Northeasterly, curving to the left on said Easterly line, an
arc distance of 19 .94 feet to the Northerly line of real estate
conveyed to Ben Mar, LLC by the above referenced Special
Corporate Warranty Deed recorded as Instrument Number
200000063501; thence North B9 degrees 55 minutes 00 seconds
East on said common line. 189 .89 feet to the aforesaid Westerly
Limited Access Right-of-Way Line of Indiana State .Road No. 431;
(the following four -courses are on the- Westerly Limited Access
Right-of-Way Line of Indiana State Road No. 431) _1J thence
South 03 degrees 43 minutes 00 seconds West 135.48 feet; 2 . )
thence South 03 degrees 07 minutes 00 seconds West 130.60 feet;
3 . ) thence North 86 degrees 58 minutes 00 seconds West 50 .00
feet; 4 .) thence South 02 degrees 53 minutes 00 seconds West
100 .80 feet to the place of beginning.
•
ALSO:
PARCEL F
SIGN EASEMENT FOR THE BENEFIT OF PARCEL I AS SET FORTH IN AN
EASEMENT RECORDED MARCH 5, 1974 IN DEED RECORD 272 PAGE 369 AS
•
•
INSTRUMENT NUMBER 1765 .
ALSO:
PARCEL G
EASEMENTS FOR ACCESS, PARKING, UTILITIES AND SERVICE
BENEFITTING THE INSURED REAL ESTATE AS DESCRIBED IN A CERTAIN
-9-
S . • .
EXHIBIT A - CONT'D
EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND DATED
NOVEMBER 13, 1997, AND RECORDED NOVEMBER 17, 1997, AS
INSTRUMENT NUMBER 9749660 .
ALSO:
PARCEL H
Access Easement Agreement dated June 16, 1998, and recorded
January , 2004, as Instrument Number
•
•
-10-
Ask-
•
SHOPPING CENTER " } ';- 'G
tip
ttli
PARCEL A: -n3C �Ir,..
Part of the South Half of Section 31,Township 18 North,Range 4 East of the,Second Principal -
Meridian in Clay Township,Hamilton County,Indiana,described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North,
Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the
South line of said South Half, 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds
West 866.00 feet;thence North 89 degrees 50 minutes 15 seconds East 41.89 feet to a point on
the Westerly line of parcel of real estate conveyed to Mundy Realty,Inc. by a Warranty Deed
recorded as Instrument Number 9709749655 in the Office of the Recorder of Hamilton County,
Indiana,said point being also on the Easterly line of a parcel of real estate designated as right-of-
way for "AAA" Way Drive in a conveyance to the City of Cannel, Indiana, for the use and
benefit of its Department of Redevelopment, by a Limited Warranty Deed recorded as
Instrument Number 9809828789 in the Office of the Recorder of Hamilton County,Indiana;(the
following five courses are on the Easterly line of said right-of-way parcel of real estate described
in Instrument Number 9809828789) 1.) thence North 00 degrees 15 minutes 30 seconds West
8.62 feet to the Northwesterly corner of said Mundy real estate,said corner being the PLACE OF
BEGINNING of the within described parcel of real estate; 2.) thence North 00 degrees 15
minutes 30 seconds West 78.30 feet; 3.).thence North 15 degrees 01 minute 43 seconds East
31.38 feet; 4.) thence North 27 degrees 17 minutes 26 seconds East 235.11 feet to a point on a
line that is 35.00 feet East of and parallel with the East line of real estate. conveyed to Hoosier
Motor Club, by a Warranty Deed recorded on pages 519 and 520 of Deed Record 329 in said
Recorder's Office; 5.)thence North 00 degrees 09 minutes 45 seconds West on said line 225.88
feet to the Southwesterly corner of a parcel of real estate designated as "Street B" in said
conveyance to the City of Carmel,Indiana,by Instrument Number 9809828789;(the following
nine courses are on the Southerly and Southwesterly perimeter lines of said"Street B"parcel) 1.)
thence North 44 degrees 50 minutes 15 seconds East 21.21 feet;2.)thence North 89 degrees 50
minutes 15 seconds East 385.00 feet; 3.)thence South 67 degrees 59 minutes 16 seconds East
38.54 feet;4.)thence South 45 degrees 48 minutes 47 seconds East 14923 feet;5.)thence South
58 degrees 02 minutes 27 seconds East 213.28 feet; 6.)thence South 17 degrees 48 minutes 57
seconds East 48.70 feet; 7.)thence South 56 degrees 04 minutes 13 seconds East 51.47 feet; 8.)
thence North 72 degrees 04 minutes 13 seconds East 38.14 feet; 9.)thence South 56 degrees 04
minutes 13 seconds East 128.31 feet to the Southeasterly corner of said"Street B"parcel on the
Southwesterly right-of-way line of a street known locally as Keystone Way East,as said right-of-
way was dedicated to the City of Carmel, Indiana, per a document titled "Acknowledgment of
Dedication and Acceptance"recorded as Instrument Number 3688 on pages 4.93 through 497 of
Miscellaneous Record 159 in said Recorder's Office, said.line being also the Southwesterly line
of a parcel of land described as"Tract A"in a conveyance to the City of Cannel,Indiana,for the
use and benefit of its Department of Redevelopment,per a Limited Warranty Deed recorded as
Instrument Number 200100050090 in said. Recorder's Office; thence South 34 degrees 00
minutes 28 seconds East on the Southwesterly line of said"Tract A",a distance of 30.83 feet to a
point on the Northerly line of real estate conveyed to MCL,Inc.by a Warranty Deed recorded on
pages 213 and 214 of Deed Record 300 in said Recorder's Office; thence South 89 degrees 50
minutes 15 seconds West 189.07 feet to the Northwesterly corner of.said MCL,Inc. real estate;
thence South 00 degrees 09 minutes 45 seconds East 438.05 feet; thence South 89 degrees 50
minutes 15 seconds West 60.00 feet;thence South 00 degrees 09 minutes 45 seconds East 255.00
feet;thence South 89 degrees 50 minutes 15 seconds West 45:00 feet;thence_South 00 degrees
09 minutes 45 seconds East 57.47 feet to the Northeasterly corner of a parcel of real estate
designated as "Street A" in said conveyance to the City of Cannel, Indiana, by Instrument
Number 9809828789; (the following three courses are on the Northerly line of said "Street B"
parcel) 1.)thence South 89 degrees 50 minutes 1.5 seconds West 73.00 feet;2.)thence North 89
degrees 36 minutes 53 seconds West 72.00 feet to a point on a line that is the Easterly
prolongation of the South line of the aforesaid real estate conveyed to Mundy Realty Inc.by the
aforesaid Warranty Deed recorded as Instrument Number 9749655;3.)thence South 89 degrees
44 minutes 30 seconds West on said line 250.00 feet to the Southeasterly corner of said real
estate; (the following ten courses are on the Easterly and Northerly lines of said "Mundy" real
Exhibit"B"
Page 1 of 6
• •
estate)1..)thence North 00 degrees 15 minutes 30 seconds West 532.37 feet;2.)thence South 89
degrees 44 minutes 30 seconds West 54.90 feet; 3.) thence North 00 degrees 15 minutes 30
• . seconds West 13.93 feet;4.)thence South 89 degrees 44 minutes 30 seconds West 157.25 feet;
5;)thenceNorth 00 degrees 15 minutes 30 seconds West 32.00 feet;6.)thence South 89 degrees
44 minutes 30 seconds West 68.00 feet;7.)thence North 00 degrees 15 minutes 30 seconds West
74.19 feet; 8.)thence South 89 degrees 44 minutes 30 seconds West 56.00 feet;9.)thence South
00 degrees 15 minutes 30 seconds East 66.19 feet; 10.)thence South 89 degrees 44 minutes 30
seconds West 61.00 feet to the place of beginning at the Northwesterly corner of said Mundy real
estate.
ALSO,PARCEL B:
Part of the South Half of Section 31,Township 18 North,Range 4 East of the Second Principal
Meridian in Clay Township,Hamilton County,Indiana,described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North,
Range 4 East; thence North 89 degrees 50 minutes 15 seconds East(assumed bearing) on the .
South line of said South Half, 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds
West 45.00 feet to the Northerly line of a parcel of real estate conveyed to the City of Carmel,
Indiana, for the use and benefit of its Department of Redevelopment, by a Limited Warranty
Deed recorded as Instrument Number 9809828789 in the Office of the Recorder of Hamilton
County, Indiana;thence North 89 degrees 50 minutes 15 seconds East on the Northerly line of
said real estate 165.34 feet to the Southeasterly corner of real estate conveyed to the City of
Carmel Indiana, for the use and benefit of its Department of Redevelopment, by a Limited
Warranty Deed recorded as Instrument Number 200200053381 in said Recorder's office, said
corner being the PLACE OF BEGINNING of the within described parcel of real estate;thence
continuing North 89 degrees 5,0 minutes 15 seconds East on the Northerly line of said real estate
469.68 feet to its intersection with the Northerly right-of-way line of 116th Street;thence North
89 degrees 01 minute 00 seconds East on said right-of-way line 200.00 feet to a point on the
Westerly line of real estate described in a Warranty Deed recorded as Instrument Number
9331038 in said Recorder's Office;thence North 00 degrees 09 minutes 45 seconds West on the
Westerly line of said real estate 199.63 feet to the Southeasterly corner of a parcel of real estate
as conveyed to the City of Carmel, Indiana, for the use and benefit of its Department of
Redevelopment, per the aforesaid Limited Warranty Deed recorded as Instrument Number
9809828789;thence South 89 degrees 50 minutes 15 seconds West on the Southerly line of said
real estate 592.00 feet;thence South 00 degrees 09 minutes 45 seconds East on a line of said real
estate 6.75 feet; thence South 89 degrees 50 minutes 15 seconds West on the Southerly line of
said real estate 170.00 feet; thence South 43 degrees 13 minutes 53 seconds West on the
Southerly line of said real estate 18.92 feet to the Southwesterly corner of said parcel of real.
estate,said corner being on the Easterly line of a parcel of real estate as conveyed to the City of
Carmel,Indiana, for the use and benefit of its Department of Redevelopment,per the aforesaid
Limited Warranty Deed; thence South 00 degrees 09 minutes 45 seconds East on the Easterly
line of said real estate 160.00 feet;thence South 45 degrees 09 minutes 45 seconds East on said
Easterly line 10.25 feet to the Northwesterly corner of said real estate conveyed to the City of
Carmel,Indiana by said Instrument Number 200200053381;thence South 81 degrees 36 minutes
39 seconds East on the Northerly line of said real estate 99.20 feet to the place of beginning.
ALSO,PARCEL C:
Part of the South Half of Section 31,Township 18 North,Range 4 East of the Second Principal
Meridian in Clay Township,Hamilton County,Indiana,described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North,
Range 4 East.; thence North 89 degrees 50 minutes 15 seconds East(assumed bearing) on the
South line of said South Half,2313.00 feet; thence North 00 degrees 09 minutes 45 seconds
West 594.00 feet;thence North 42 degrees 09 minutes 00 seconds West 26.91 feet to the PLACE
OF BEGINNING of the within described' parcel of real estate; thence continuing North 42
degrees 09 minutes 00 seconds West 29.59 feet to a Northeasterly corner of real estate conveyed
to First Indiana Federal Savings Bank by a Warranty Deed recorded on page 228 of Deed Record
Exhibit"B"
Page 2 of 6
• •
268 in the Office of the Recorder of Hamilton County, Indiana, thence South 89 degrees 50
minutes 15 seconds. West on the Northerly line of said real estate 249.56 feet to the
Northwesterly corner of said real estate,said corner being on a line that bears North 61 degrees
40 minutes 00 seconds West from a point on the aforesaid line having a length of 594.00 feet and
bearing North 00 degrees 09 minutes 45 seconds West from the point on the South line of said
South Half;thence North 61 degrees 40 minutes 00 seconds West 469.53 feet to the Southerly
right-of-way line of a roadway known as Carmel Medical Drive, as said right-of-way was
dedicated to-the City of Carmel,Indiana,by a document titled "Acknowledgment of Dedication
and Acceptance" executed on December 11, 1979 by the City of Carmel, Indiana, through its
Board of Public Works and recorded on pages 493 through 497 of Miscellaneous Record 159 in
said Recorder's office; thence North 00 degrees 09 minutes 45 seconds West 25.65 feet to the
centerline of said roadway; thence North 76 degrees 56 minutes 20 seconds East on said
centerline 76.58 feet to the point of curvature of a curve to the left,the radius point of which lies
200.00 feet North 13 degrees 03 minutes 40 seconds West from said point of curvature; thence .
Northeasterly, curving to the left on said centerline, an arc distance of 170.17 feet to the
Southwesterly corner of real estate conveyed to the United States Postal Service by a Warranty
Deed recorded on pages 865 and 866 of Deed Record 326 in said Recorder's office;thence North
89 degrees 50 minutes 15 seconds East on the Southerly line of said real estate 146.24 feet to a
point that is 258.75 feet South 89 degrees 50 minutes 15 seconds West from the Southeast corner
of said real estate;thence South 00 degrees 09 minutes 45 seconds East 48.00 feet;thence North
89 degrees 50 minutes 15 seconds East 258.75 feet; thence North 00 degrees 09 minutes 45
seconds West 48.00 feet to the.Southeast corner of said real estate,being also the Southwesterly
corner of real estate conveyed to the United States Postal Service by a Warranty Deed recorded
as Instrument Number 8729055 in said Recorder's Office;thence North 89 degrees 50 minutes
15 seconds East on.the South line of said real estate.87.29 feet to a point on the Westerly line of
parcel of real estate conveyed to the City of Carmel, Indiana, for the use and benefit of its
Department of Redevelopment, by a Limited Warranty Deed recorded as Instrument Number
9809828789 in said Recorder's Office;thence South 15 degrees 01 minute 43 seconds West-on
said Westerly. line 62.14 feet; thence South 00 degrees 09 minutes 45 seconds East on said
Westerly line 328.75 feet totheplace of beginning.
ALSO,PARCEL D:
Part of the South Half of Section 31,Township 18 North,Range 4 East of the Second Principal
Meridian in Clay Township,Hamilton County,Indiana,described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North,
Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the
South line of said South Half, 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds
West 866.00 feet; thence North 89 degrees-50 minutes 15 seconds East 41.89 feet to a point on
the Westerly line of parcel of real estate conveyed to Mundy Realty,Inc. by a Warranty Deed
recorded as Instrument Number 9749655 in the Office of the Recorder of Hamilton County,
Indiana,said point being also on the Easterly line of a parcel of real estate designated as right-of-
way for "AAA" Way Drive in a conveyance to the City of Carmel, Indiana, for the use and
benefit of its Department of Redevelopment, by a Limited Warranty Deed recorded as
Instrument Number 9809828789 in the Office of the Recorder of Hamilton County;Indiana;(the
following five courses are on the Easterly line of said parcel of real estate) 1.) thence N 00
degrees 15 minutes 30 seconds West 8.62 feet; 2.) thence North 00 degrees 15 minutes 30
seconds West 78.30 feet;3.)thence North 15 degrees 01 minute 43 seconds East 31.38!feet;4.)
thence North 27 degrees 17 minutes 26 seconds East 235.11 feet to a point on a line that is 35.00 /,
feet East of and parallel with the East line of real estate conveyed to Hoosier Motor Club,by a q ,6 ^ f 4
Warranty Deed recorded on pages-.519 and 520 of Deed Record 329 in said Recorder's Office;5.) r1, ;�
thence North 00 degrees 09 minutes 45 seconds West on said line 285:88 feet to the j
Northwesterly corner of a parcel of real estate designated as"Street B"in said conveyance to theme `���
City of Cannel,Indiana,by Instrument Number 9809828789,said corner being on the Northerly�n;'.' 'V‘ ..\--0-", ,.,,\'3
line of a parcel of real estate conveyed to Ben Mar, LLC, by a Warranty Deed recorded as- ', ,era( \
Instrument Number 9709749659 in said Recorder's Office;thence North 89 degrees 50 minutes VA'` ..,-o-'15 seconds East on the Northerly line of said "Street B"parcel,being also the Northerly line of - OC
V.
Exhibit"B"
Page 3 of 6
• •
the real estate conveyed to Ben Mar, LLC, by Instrument Number 9709749659, a distance of
432.00 feet to the intersection of said line with the Northeasterly line of said "Street B" parcel,
said intersection being the PLACE OF BEGINNING of the within described parcel of real estate;
(the following four courses are on the Northeasterly line of said "Street B" parcel) 1.) thence
South 45 degrees 48 minutes 47 seconds East 142.00 feet; 2.) thence South 58 degrees 02
minutes 27 seconds East 247.00 feet; 3.)thetice North 68 degrees 05 minutes 48 seconds East
41.89 feet;4.)thence North 22 degrees 21 minutes 21 seconds East 9.01 feet to a point on the
Northwesterly prolongation of the Southwesterly right-of-way line of a street known locally as
Keystone Way East, as said right-of-way was dedicated to the City of Carmel, Indiana, per a
document titled "Acknowledgement of Dedication and Acceptance", recorded as Instrument
Number 3688 on pages 493 through 497 of Miscellaneous Record 159 in said Recorder's Office,
said point being also the Southwesterly corner of a parcel of real estate designated as "Tract C"
in a conveyance to the City of Carmel, Indiana, for the use and benefit of its Department of
Redevelopment,by a Limited Warranty Deed recorded as Instrument Number 9809828790 in the
Office of the Recorder of Hamilton County, Indtana; thence continuing North 22 degrees 21
minutes 21 seconds West on the Westerly line of said"Tract C"parcel 33.48 feet;thence North
18 degrees 43 minutes 12 seconds East on the Westerly line of said"Tract C"parcel 90.82 feet to
a point on the Southerly line of real estate conveyed to Barnes Investment II Co.,per a Warranty
Deed recorded as Instrument Number 9909905538 in said Recorder's Office,said Southerly.line
being also the Easterly.prolongation of a Northerly line of the real estate conveyed to Ben Mar,
LLC,by Instrument Number 9709749659;thence South.89 degrees 55 minutes 00 seconds West
on the Southerly line of said"Barnes"real estate 293.37 feet to the Southwesterly corner of said
"Barnes" real estate on the Easterly line of real estate conveyed to Keystone Shopping Center.
Company by a Warranty Deed recorded on pages 17 and 18 of Deed Record 316 in said
Recorder's Office;thence North 00 degrees 05 minutes 00 seconds West on the Westerly line of
said "Barnes" real estate, being also the Easterly line of the real estate conveyed to Ben Mar,
LLC,per Instrument Number 9709749659,a distance of 89.50 feet to the Northeasterly corner of
said"Ben Mar, LLC" real estate; thence South 89 degrees 50 minutes 15 seconds West on the
Northerly line of said real estate 102.07 feet to the place of beginning.
ALSO,PARCEL E:
Part of the South Half of Section 31.,Township 18 North,Range 4 East of the Second Principal
Meridian in Clay Township,Hamilton County,Indiana,described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North,
Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the
South line of the South Half of said Section 31, a distance of 2847.20 feet; thence North 00
degrees 10 minutes 00 seconds West 19.00 feet;,thence North 75 degrees 16 minutes 00 seconds
East 103.30 feet to the Northerly right-of-way line of 116th Street; thence North 89 degrees 01
minute 00 seconds East on said right-of-way line 350.00 feet; thence North 88 degrees 58
minutes 00 seconds East on said right-of-way line 100.10 feet to its intersection with the
Westerly Limited Access Right-of-Way Line of Indiana State Road No. 431 (a/k/a Keystone
Avenue); thence Northerly on said Limited Access Right-of-Way Line the following four
courses,North 44 degrees 13 minutes 00 seconds East 150.30 feet; thence North 02 degrees 05
minutes 00 seconds East 301.50 feet; thence North 00 degrees 41 minutes 00 seconds East
572.80 feet;thence North 87 degrees 16 minutes 00 seconds West 51.10 feet to the Southeasterly
corner of a parcel of real estate conveyed to Ben Mar, LLC, per a Special Corporate Warranty
Deed recorded as Instrument Number 200000063501 in the Office of the Recorder of Hamilton
County,Indiana,said corner being on the Northeasterly line of a non-exclusive Utility Easement
and Right-of-Way line for a roadway known locally as Keystone Way East,as said right-of-way
was dedicated to the City of Cannel, Indiana, per a document titled "Acknowledgment of
Dedication and Acceptance" recorded as Instrument Number 3688 on pages 493 through 497 of
Miscellaneous Record 159 in said Recorder's Office,said line being also the Northeasterly line
of a parcel of land described as"Tract A"in a conveyance to the City of Cannel,Indiana,for the
use and benefit of its Department of Redevelopment, per a Limited Warranty Deed recorded as
Instrument Number 200100050090 in said Recorder's Office, said corner being the PLACE OF
BEGINNING of the within described real estate and also lying on a non-tangent curve,the radius
point of which lies 325.00 feet South 59 degrees 27 minutes 50 seconds West of said corner;
Exhibit"B"
Page 4 of 6
• •
thence Northwesterly, curving to the-left on said curve and the Northeasterly line of"Tract A",
an arc distance of 19.69 feet to the point of tangency of said curve at a point that is 325.00 feet
North 55 degrees 59 minutes 32 seconds East of the radius point of said curve;thence North 34
degrees 00 minutes 28 seconds West on said., Northeasterly line 54.03 feet; thence North 56
degrees 04 minutes 13 seconds West on the Northeasterly line of said "Tract A" parcel, a
distance of 133.11 feet to a point on the Southwesterly line of the aforesaid non-exclusive Utility
Easement and Right-of-way Line, being common with the Northeasterly line of a parcel of land
designated "Street B" in a conveyance to the City of Cannel, Indiana,for the use and benefit of
its Department of Redevelopment,by a Limited Warranty Deed recorded as Instrument Number
9809828789 in the Office of the Recorder of Hamilton County,Indiana;thence North 34 degrees
00 minutes 28 seconds West on said common line,a distance of 55.26 feet to its intersection with
the Southeasterly line of a parcel of real estate designated as "Tract C" in a conveyance to the
City of Carmel, Indiana, for the use and benefit of its Department of Redevelopment, by a
Limited Warranty Deed recorded as instrument Number 9809828790 in said Recorder's Office:
thence North 22 degrees 21 minutes 21 seconds West on the said Southeasterly tine of said
"Tract C" parcel and the Northeasterly prolongation thereof, being the Southeasterly line of a
parcel of real estate designated as"Tract D"in said conveyance to the City of Cannel,Indiana,a
total distance of 11.9:92 feet; thence North 14 degrees 44 minutes 09 seconds East on the
Southeasterly line of said"Tract D"parcel 53.14 feet to its intersection with the Easterly line of a
non-exclusive easement and right-of-way for a roadway known locally as Keystone Way, being
also the Easterly line of the aforesaid "Tract C" parcel of land, said line being on curve, the
radius point of which lies 174.10 feet North 75 degrees 15 minutes 5.1 seconds West from
intersection; thence Northeasterly, curving to the left on said Easterly line, an arc distance of
19.94 feet to the Northerly line of real estate conveyed to Ben Mar,LLC by the above referenced
Special Corporate Warranty Deed recorded as Instrument Number 200000063501;thence North
89 degrees 55 minutes 00 seconds East on said common line 189.89 feet to the aforesaid
Westerly Limited Access Right-of-Way Line of Indiana State Road No.431;(the following four
courses are on the Westerly Limited Access Right-of-Way Line of Indiana State Road No. 431)
1.) thence South 03 degrees 43 minutes 00 seconds West 135.48 feet; 2.) thence South 03
degrees 07 minutes 00 seconds West 130.60 feet; 3.) thence North 86 degrees 58 minutes 00 - .-
seconds West 50.00 feet;4.)thence South 02 degrees 53 minutes 00 seconds West 100.80 feet top; `t.
the place of beginning. tr,c;
MAJOR'S PARCEL �' Z
'cPC
Part of the South Half of Section 31, Township 18 North, Range 4 East in Clay Township,
Hamilton County,Indiana,described as follows:
Commencing at the southwest corner of Section 31,Township 18 North, Range 4 East; thence
North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said
Section 31, a distance of 2313.00,feet; thence North 00 degrees 09 minutes 45 seconds West
866.00 feet;thence North 89 degrees 50 minutes 15.seconds East 41.89 feet to the PLACE OF
BEGINNING of the within described real estate;thence South 00 degrees 15 minutes 30 seconds
East 226.38 feet;thence North 89 degrees 44 minutes 30 seconds East 6.10 feet;thence South 00
degrees 15 minutes 30 seconds East 316.30 feet;thence North 89 degrees 44 minutes 30 seconds
East 11.50 feet to the point of curvature of a curve to the right,the radius point of which lies 4.50
feet South 00 degrees 15 minutes 30 seconds East from said point of curvature; thence
Southeasterly, curving to the right on said curve, an arc distance of 7.07 feet to the point of
tangency of said curve at a point that is 4.50 feet North 89 degrees 44 minutes 30 seconds East
from the radius point of said curve;thence South 00 degrees 15 minutes 30 seconds East 12.69
feet;thence North 89 degrees 44 minutes 30 seconds East 173.50 feet to the point of curvature of
a curve to the right, the radius point of which lies 4.50 feet South 00 degrees 15 minutes 30
seconds East from said point of curvature; thence Southeasterly, curving to the right on said
curve, an arc distance of 7.07 feet to the point of tangency of said curve at a point that is 4.50
feet North 89 degrees 44 minutes 30 seconds East from the radius point of said curve; thence
South 00 degrees 15 minutes 30 seconds East 13.50 feet;thence North 89 degrees 44 minutes 30
seconds East 197.05 feet; thence North 00 degrees 15 minutes 30 seconds West 532.57 feet;
Exhibit"B"
Page 5 of 6
• •
thence South 89 degrees 44 minutes 30 seconds West 54.90 feet; thence North 00 degrees 15
minutes 30 seconds West 13.93 feet; thence South 89 degrees 44 minutes 30 seconds West
157.25 feet;thence North 00 degrees 15 minutes 30 seconds West 32.00 feet; thence South 89
degrees 44 minutes 30 seconds West 68.00 feet;thence North 00 degrees 15 minutes 30 seconds
West 74.19 feet;thence South 89 degrees 44 minutes 30 seconds West 56.00 feet;thence South
00 degrees 15 minutes 30 seconds East 66.19 feet; thence South 89 degrees 44 minutes 30
seconds West 61.00 feet to a point on.a line that bears North 00 degrees 15 minutes 30 seconds
West from the place of beginning;thence South 00 degrees 15 minutes 30 seconds.East on said
line 8.62 feet to the place of beginning,containing 5.072 acres,more or less.
1348518.2
Exhibit"B"
Page 6 of 6