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Z-361-01 USTA PUD Revision 1 - 3/01/01 2 - 3/27/01 3 - 5/04101 5 - 5/24/01 Sponsor: CouncilorWayneWilson ORDINANCE NO. Z-361 (14-01Z) USTA PLANNED UNIT DEVELOPMENT DISTRICT ::ODMA~vIHODMA\NO1;38809;10 Sponsor: Councilor Wayne Wilson ORDINANCE NO. Z-361 (14-01Z) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ESTABLISHING THE USTA Planned Unit Development District WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289 (the "Carmel/Clay Zoning Ordinance") provides for the establishment of a Planned Unit Development District in accordance with the requirements of I C §36-7-4-1500 et seq.; and WHEREAS, the Carmel Plan Commission (the "Commission") has given a favorable recommendation to the ordinance set forth herein (the "Ordinance") which establishes the USTA Planned Unit Development District (the "District"). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana (the "Council"), that, pursuant to IC §36-7-4-1500 et seq., it adopts this Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and shall be in full force and effect from and after its passage. CHAPTER 1.0 APPLICABILITY OF ORDINANCE. Section 1.1 The Official Zoning Map of the City of Carmel and Clay Township, a part of the Carmel/Clay Zoning Ordinance, is hereby changed to designate the land described in Exhibit A (the "Real Estate"), as a Planned Unit Development District to be known as USTA. Section 1.2 Development in the Planned Unit Development District shall be governed entirely by (i) the provisions of this Ordinance, (ii) those provisions of the Carmel/Clay Zoning Ordinance specifically referenced in this Ordinance. In the event of a conflict between this Ordinance and the Carmel/Clay Zoning Ordinance or the Sign Ordinance, the provisions of this Ordinance shall apply. Section 1.3 Any term not defined herein shall have the meaning as set forth in the Carmel/Clay Zoning Ordinance, unless the context otherwise requires. ::ODMA%MHODMA\NO1;38809;10 CHAPTER 2.0 PERMITTED USES. Section 2.1 Permitted Priman/Uses. Office Section 2.2 Permitted Accesson/Uses and Structures. Accessory uses and structures, subordinate, appropriate and incidental to the above-permitted primary uses shall be permitted, including trash enclosures, internal Automated Teller Machines (ATMs) and utilities. The following accessory retail and service commemial uses shall be permitted within the building: Photocopying and Duplicating Services The following accessory supportive service uses shall be permitted within the building: Conference Center Fitness Center Accessory uses, accessory retail, accessory service commercial, accessory supportive services, or accessory structures, if utilized, shall: have as their primary purpose serving the occupants or employees of the buildings; and, have a total gross square footage for all accessory uses which does not exceed 5,000 square feet. Section 2.3 Communication Equipment. Cell towers shall not be permitted. Communications equipment, as required bythe building occupants, shall be permitted and shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. CHAPTER 3.0 GENERAL PROVISIONS. Section 3.1 Minimum Parcel Size. The USTA PUD parcel shall have a minimum size of one and one half (1.5) acres. However, the development of the parcel must still conform to the DP for the Real Estate as approved or amended by the Director, and all other applicable requirements contained in this Ordinance. Section 3.2 Maximum Buildinq Heiqht. All uses, forty five feet (45) feet; provided, however, no building shall exceed a height of two (2) stories and no penthouse or other appurtenance shall exceed the height of the building. ::ODMA\MHODMA%NO1;38809;10 2 Section 3.3 Minimum Buildinq Heiqht. All uses, fourteen (14) feet, with a minimum of twelve (12) feet to the lowest eaves for a building with a gable, hip or gambrel roof. Section 3.4 Maximum Pamel Coveraqe. Maximum Parcel Coverage of the Real Estate shall be sixty-five percent (65%). Maximum FloorArea Ratio (F.A.R.) of the Real Estate shall be 0.70, with the F.A.R being calculated by dividing the total gross floor area of all buildings on the Real Estate by the area of the Real Estate. Section 3.5 Architectural Desiqn Requirements. Scale and proportion: All building facades, including doors, windows, column spacing, and signage shall be designed using the Golden Section, represented by the ratio 1:1.6 or 1.6:1, as a general guideline. Suitability of building materials: A minimum of three materials shall be used for building exteriors from the following list: stone, brick, architectural precast (panels or detailing), architectural metal panels, glass, ornamental metal. Building design: All buildings shall be designed with a minimum of eight external corners, in order to eliminate monotonous box buildings, unless otherwise approved by the Commission. De Building penthouses: Building penthouses must be incorporated into the building facade design, including exterior materials specifications. Section 3.6 Other Requirements. Outside Storaqe of Refuse. No outside, unenclosed storage of refuse (whether or not in containers) shall be permitted. All refuse shall be contained completely within the building(s) or in separate accessory structure(s). Any separate accessory structure designed for refuse storage shall be architecturally compatible with the building(s). Loadinq Berths. No loading or unloading berth or bay shall be visible from any adjacent residential area. Mechanical Equipment. Any HVAC equipment visible from an adjoining street or highway shall be screened with suitable walls or fencing and in general be architecturally compatible with the building(s) with which it is associated. All HVAC equipment shall be located on the roof of the building. ::ODMA\MHODMA~NO1 ;38809;10 3 CHAPTER 4.0 SPECIFIC PROVISIONS. Section 4.1 Minimum Buildinq Setbacks. The minimum building setbacks shall be as follows: (a) 15 foot setback line from property line facing 1-465, (b) 35 foot setback line from property line facing south and east toward 96th Street (including Monon Greenway), and (c) 10 foot setback line from the west property line. Section 4.2 Minimum Gross Floor Area. The building shall have a minimum of seven thousand (7,000) square feet of gross floor area, excluding the floor area of any accessory structure(s). Be Accessory structures aermitted need not meet the minimum floor area requirement. Section 4.3 Maximum Density. Maximum gross floor area for the building shall be 26,000 square feet. Section 4.4 Landscapinq Requirements. Landscape Plan. A Landscape Plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e., architectural design, lighting, parking and signage) are submitted. The Landscape Plan (1) shall be drawn to scale, including dimensions and distances; (2) shall delineate all existing and proposed buildings, structures, parking areas, walks, ramps for handicapped, terraces, driveways, ground and monument signs, lighting standards, steps or other similar structures; and (3) shall delineate the location, size and description of all proposed landscape material and the irrigation system for all planting areas; and (4) shall delineate the location, size and description for all existing trees 9" DBH or larger which are located within any Planting Strip required in Section 4.4(B). B. Areas to be Landscaped. 1. Plantinq Adiacent to Buildinqs: A planting area equal to an area measuring ten (10) feet in depth shall be installed on all sides of the building(s). Outdoor terraces, sidewalks and driveways may be permitted in these areas. If an outdoor terrace, sidewalk or driveway cuts into a planting area, the displaced area shall be an additional area added to the building perimeter planting. ::ODMA\MHODMA\NO1;38809;10 4 These additional adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped. These additional adjacent planting areas may abut an outdoor terrace area. 2. Plantinq Strip: There shall be landscaped planting areas located adjacent to the right-of-way which shall be a minimum of ten (10) feet in width and landscaped pursuant to Section 4.4.C hereof. These landscaped areas shall be unoccupied except for plant material, steps, walks, terraces, bike paths, driveways, lighting standards, signs, and other similar structures (excluding parking). Plantinq Within Parkinq Lots: A minimum of (a) one (1) shade tree and five (5) shrubs or (b) two (2) shade trees shall be planted within each parking lot island at a rate not less than eighteen (18) trees per acre of parking. (See Section 4.4.C for minimum planting area requirements.) Total Landscapinq Required: Inclusive of the planting adjacent to the building(s), outdoor terrace areas and the planting within surface parking lots, a minimum of fifteen percent (15%)of the Real Estate shall be landscaped. Landscapinq Standards. Interior Areas. The dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum widths from back of curb to back of curb for interior planting areas shall be used: Canopy Trees: 9 feet wide Ornamental Trees: 7 feet wide Shrubs (only): 5 feet wide Plantinq Strip. The primary landscaping materials used in the planting strip areas and adjacent to the building shall be shade trees, ornamental trees, shrubs, ground cover, grasses and flowers. A base planting unit of one hundred (100) linearfeet will be designated forthe planting strip areas which includes: ::ODMA\MHODMA\NO1;38809;10 5 Three (3) shade trees; or, Five (5) ornamental trees or five (5) conifer trees; and Fifteen (15) shrubs. Materials. All plants proposed to be used in accordance with any landscaping plan shall meet the following specifications: Shade Trees: A minimum trunk diameter of 2 inches DBH, a minimum height of eight (8) feet, and a branching height of not less than 1/3 nor more than ¼ of tree height. Ornamental Trees: A minimum trunk diameter of 1.75 inches DBH, a minimum height of six (6) feet, and a branching height of not less than 1/3 nor more than ¼ of tree height. c. Evergreen Trees: A minimum height of six (6) feet. Deciduous Shrubs: A minimum height of twenty-four (24) inches, with no less than six (6) main branches upon planting. Evergreen Shrubs: A minimum height and spread of twenty- four (24) inches. D. Landscapinq Installation and Maintenance. Installation. All required landscaping for the development shall be installed prior to the issuance of a final Certificate of Occupancy by the Department. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond for an amount equal to the total cost of the required landscaping prior to the issuance of the final Certificate of Occupancy. Maintenance. It shall be the responsibility of the owners and their agents to insure proper maintenance of project landscaping and retention ponds approved in accordance with the development requirements specified forthis Ordinance. This is to include, but is not limited to, irrigation and mulching of planting areas, replacing dead, diseased or overgrown plantings with identical varieties or a suitable substitute, and keeping the area free of refuse, debris, rank vegetation and weeds. Chanqes After Approval. No landscaping which has been approved by the Commission may later be substantially altered, eliminated or sacrificed, without first obtaining further Commission approval. However, minor and material alterations in landscaping may be ::ODMA'tMHODMA\NO1;38809;10 6 approved by the Director in order to conform to specific site conditions. Inspection. The Director shall have the authority to visit the Real Estate to inspect the landscaping and check it against the approved plan on file. Section 4.5 Parkinq Requirements. Efforts to break up large expanses of pavement are to be encouraged by the interspersing of appropriate planting areas. Direct, articulated pedestrian access shall be provided from the street to the primary entrance of the building. The maximum number of parking spaces required shall be eighty-three (83) spaces. There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by handicapped individuals, and these spaces shall meet State requirements. Section 4.6 Liqhtinq Requirements. A site lighting plan shall be submitted along with the information on architectural design, landscaping, parking, signage, and lighting ("ADLS") approval petition. The site lighting plan shall include the layout, spread and intensity of all site lighting, including: 2. 3. 4. 5. Parking lot and service/storage area lighting; Architectural display lighting; Security lighting; Lighting of pedestrian ways; and Landscape lighting. All site lighting shall be coordinated throughout the project and be of uniform design, color and materials. The height of light standards shall not exceed thirty (30) feet from the top of the fixture to the top of the pole base. The base of the pole shall not exceed two (2) feet in height. All exterior and street area lighting fixtures shall be of the "shoebox" variety which directs light downward. Any parking lot lighting or building lighting ::ODMA\MHODMA\NO1;38809;10 7 illumination emanating from the Real Estate development shall not exceed 0.1 footcandle at the north right-of-way line of East 96th Street. Section 4.7 Siqns. A. Be Wall Siqns. 1. Number & Type: The maximum number of Identification Signs permitted shall be three (3) wall signs. 2. Maximum Sign Area: 75 square feet each. 3. Location: The signs may be located on the west (northwest) and south (southwest) facades and on either the north (northeast) or east (southeast) facades. 4. Design: All walls signs shall consist of individual letters. 5. Illumination: Internal. 6. Sign Permit: Required. 7. Fees: Required. USTA Center Identification and Real Estate (Leasinq) Siqns. 1. One brass plate (or similar material) identifying the major tenant on the brick column located on East 96th Street - maximum of 4 square feet. 2. Any future Center Identification Sign shall be approved as requested by an ADLS petition. 3. All Real Estate (Leasing) Signs shall be permitted as approved by the Director. 4. Sign Permit: Required. 5. Fees: Required. Other Provisions. Section 25.7.01 - "General Provisions" and 25.7.06-25.7.09 -"Legal Non-Conforming Signs, Sign Permits, Variance, and Administration and Enforcement" of the Carmel/Clay Township Sign Ordinance Z-302, are also incorporated by reference. ::ODMA\MHODMA\NO1;38809;10 8 CHAPTER 5.0 APPROVAL PROCESS. Section 5.1 ADDroval of ADLS. The Commission shall consider an ADLS approval petition for the building within the USTA development. The ADLS approval request shall be a specific plan consisting of the architectural design of the building, landscaping, lighting, and signage for a site within the USTA development. The Commission shall approve the ADLS without conditions or approve with conditions. if there is a substantial alteration in the approved ADLS plans, review and approval of the amended plans by the Commission shall be made by the Commission, or a Committee thereof, pursuant to the Commission's rules of procedure. Minor and material alterations may be approved by the Director. In no event, however, may the Commission or the Director approve any alteration that exceeds a maximum limitation imposed by this Ordinance or approve any alteration that is less than a minimum limitation imposed by this Ordinance. Section 5.2 Approval or Denial of the Development Plan. The Plan Commission shall approve a Conceptual Development Plan (the "CDP") simultaneously with this Ordinance, as shown on Exhibit B. The Director shall approve without conditions, approve with conditions, or disapprove the Final Development Plan (the "FDP") for any project within USTA; provided, however, that the Director shall not unreasonably withhold or delay his/her approval of a FDP that is in substantial conformance to the CDP and is in conformance with the development requirements of this Ordinance. If the Director disapproves the FDP for the building within USTA, the Director shall set forth in writing the basis for the disapproval and schedule the request for approval of the FDP for hearing before the Plan Commission. An amendment to a FDP which does not alter the use of any land may be reviewed and approved by the Director. The FDP shall be a specific plan for the development of all or a portion of the Real Estate that is submitted for approval by the Director showing proposed ::ODMA\MHODMA\NO1 ;38809;10 9 facilities and structures, parking, drainage, erosion control, utilities and building information. CHAPTER 6.0 DEFINITIONS AND VIOLATIONS. Section 6.1 General Rules of Construction; Definitions. General Rules of Construction: The following general rules of construction and definitions shall apply to the regulations of this Ordinance: The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary. Words used in the present tense include the past and future tenses, and the future the present. The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should"is a preferred requirement. B. Definitions: AccessoN Structure: A structure subordinate to a building or use located on the Real Estate which is not used for permanent human occupancy. AccessoN Use: A use subordinate to the main use, located on the Real Estate or in the same building as the main use, and incidental to the main use. m Alteration, Material: Any change to an approved plan of any type that involves the substitution of one material, species, element, etc. for another. Alteration, Minor: Any change to an approved plan of any type that involves the revision of less than ten percent (10%) of the plan's total area or approved materials. Alteration, Substantial: Any change to an appreved plan of any type that involves the revision of ten percent (10%) or more of the plan's total area or approved materials. Automated Teller Machine (ATM): A mechanized apparatus which performs limited banking functions for customers such as deposits, withdrawals and transfers of funds upon insertion of a customer identification card, password or similar device. ::ODMA\MHODMA\NO1 ;38809;1 Building: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons or property, and intended for human occupancy. When attached by a single-story structure, each multi-story portion of a structure shall be considered a separate building. Buildinq or Structure, Front Line of: The line of the face of the building or structure nearest the South Section Line not counting patios, terraces, etc. Buildinq Heiqht: The vertical distance from the grade at the main entrance to the top of the parapet that comprises the majority of the perimeter of the building. 10. Buildinq or Structure Setback Line: (Sometimes called a Building Line) The line nearest the front of and across the Real Estate establishing the minimum open space to be provided between the front line of a building or structure and the South Section Line. 11. Certificate of Occupancy: A certificate signed by the Director stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Ordinance. 12. Commission: The Carmel/Clay Plan Commission. 13. Conference Center: A meeting room provided as an amenity for, and made available to, all occupants of the building(s) and their guests. 14. Development Plan, Conceptual: A general plan for the development of real property that is submitted for Plan Commission approval showing proposed locations for proposed facilities, building and structures. This plan generally shows landscape areas, parking areas, site access, drainage features and building location(s). 15. Development Plan, Final: A specific plan for the development of real property that is submitted for Plan Commission approval showing proposed facilities, buildings and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and building information for a site. A development plan may include only parcels that are contiguous and not separated by the right-of-way of any highway in the state highway system. 16. Development Requirements: Development standards and any requirements specified in this Ordinance which must be satisfied in connection with the approval of a development plan. ::ODMA~MHODMA\NO1;38809;10 11 17. Diameter at Breast Heiqht (DBH): Diameter of the trunk measured at fifty-four (54) inches above grade. 18. Director: Director, or Administrator, of the Department of Community Services for the City of Carmel, Indiana. "Director' and "Administrator' shall include his/her authorized representatives. 19. Financial Institution: Any building wherein the primary occupation is concerned with such Federal or State regulated businesses as banking, savings and loans, loan companies and investment companies. 20. Floor Area Ratio (F.A,R.): The gross floor area of all stories of all buildings within the Real Estate divided by the total horizontal area within the Real Estate boundaries. 21. Footcandle: A unit of illumination. It is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candlepower. 22. Gross Floor Area (Construction Area): The floor area, excluding any penthouse areas, as measured by the face of the exterior building material. 23. Habitation/Occupancy: The act, state or condition of being or becoming a tenant or taking space in a building or on a land area. 24. HVAC: Heating, ventilation and air conditioning equipment. 25. Landscapinq: The improvement of the Real Estate with grass and mounding, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. 26. Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional or cledcal operations, including but not limited to professional offices, business or personal service offices, financial institution offices (not to include a retail banking operation), sales offices, real estate offices, and governmental offices. 27. Parcel Coveraqe: The total ground area, within the Real Estate, covered by buildings, and accessory structures which are greaterthan ::ODMA\MHODMA\NO1 ;38809;10 12 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. eighteen (18)inches above grade level, excluding fences and walls not attached in any way to a roof, divided by the total horizontal area within the Real Estate boundaries. Parkinq Space: An area having a rectangular area of not less than one hundred eighty (180) square feet and a minimum width of nine (9) feet exclusive of driveways, permanently reserved for the temporary storage of one automobile. Photocopyina and Duplicatinq Devices: A facility providing reproduction, cutting, printing, binding, etc. of written materials, drawings, labels, etc. for occupants of the building(s). Planting Strip: A section of land not less than ten (10) feet in width intended to contain plant materials and for the purpose of creating a visual separation between uses or activities. Pond: A body of water either occurring naturally or artificially created and not fed by any watercourse. Professional Office: An office of a member of a recognized profession such as an architect, attorney, or engineer (not to include medical or dental uses). Riqht-of-Wav: An area of land permanently dedicated to provide light, air and access. Setback: The least measured distance between a build ing or structure and the South Section Line, the side property line of the Real Estate or the rear property line of the Real Estate. Si.qn: Any type of sign as further defined and regulated by this Ordinance and the Sign Ordinance for CarmeI-Clay Township, Ordinance Z-196, as amended. South Section Line: The South Line of the Southwest Quarter of Section 12, Township 17 North, Range 3 East. Story: That part of any building comprised between the level of one finished floor and the level of the next higher floor or, if there is no higher finished floor, that part of the building comprised between the level of the highest finished floor and the top of the roof beams. ::ODMA\MHODMA~NO1 ;38809;10 13 38. Street: A right-of-way, other than an alley, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. 39. Trash Enclosure: An enclosed accessory structure that is designed to screen and protect waste receptacles from view and to prevent waste debris from dispersing outside the enclosure. 40. Use: The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment. Section 6.2 Violations of Ordinance. All violations of this Ordinance shall be subject to Section 34.0 of the Carmel/Clay Zoning Ordinance. (Signature Page Follows) ::ODMA\MHODMA\NO1 ;38809;10 14 , , b ayes and O nays. COMMON COUNCIL FOR THE CITY OF CARMEL k~ , Robe ttreall Diana L. Cordra~y,~A~k-Treasurer Presen~ /~Y2tt:lay of to the Mayor of the City of Carmel, Indiana, on the /~ day of ,2ool, ati /:~__~.M. . -, Diana L. Cordray, IAM~-Treasurer Prepared by: John K. Smeltzer, Esq. Bose McKinney & Evans LLP 600 E. 96th Street, Suite 500 Indianapolis, IN 46240 317-574-3700 317-574-3716 Fax ::ODMA\MHODMA\NO1 ;38809;10 15 EXHIBIT A Part of the Somhwest 9.uaner of Section 12, Township 17 North, Range 3 East, Hamilton County, Indiana, being more particularly described as follows: Commencing at the southwest comer of the Southwest Quarter of Section 12, Township 17 North, Range 3 East, Hamilton County, Indiana; thence South 89 degrees 13 minntes 20 seconds East (assumed bearing) on the south line of said Southwest Quarter a distance of 1300,95 feet to the southwest comer of the real estate described in Instrument No- 94-49929 in the Office or the Recorder of l-lamilton County, Indiana; thence North 00 degrees 12 minutes 36 seconds Wezt on the wast line of said real estate 60.01 feet to the southwest comer of the real estate described in Instrument No. 95-22172; thence the following seven calls along the perimeter of said real estate: 1 .) South 89 degrees 13 minute8 20 seconds East parallel with the south line of said Southwest Quarter a distance of 905.02 feet; 2.) North 79 degrees 47 minutes 52 seconds Fast a distance of 34.56 feet to the Point of Beginning of the herein described real estate; 3,) North 00 degrees 46 minutes 40 seconds -East a distance of 39.20 feet to a tangent curve having a radius of 98.50 feet, the radius point of which bears South 89 degrees 13 minutes 20 seconds East; z~.) northerly on said curve an arc distance of 39.98 feet to a point of reverse curvature era curve with radius of 230.00 feet, the radius point of which bears North 65 degrees 58 minutes 06 seconds West; 5.) northerly on said curve an arc distance of 193.95 feet to a point of reverse curvature of a curve with a radius of 58.50 feet, the radius point of which bears North 65 degrees 43 minutes 0l seconds East; 6,) northerly on said curve an are distance of,16.54 feet to a tangent line; 7.) North 21 degrees 17 minutes 39 seconds East a distance of 115.75 feet to the south right-of-way line of Interstate Highway 465, per I.S.H.C. plans for project 1[-465-4(128)127; thence the following two calls on said south fight-of-way line: l.) South 55 degrees 42 minutes 51 seconds East 230,93 feet; 2.) South 69 degrees 12 minutes 35 seconds East 101.99 feet to the northwest comer of the real estate described in Instrument No. 95-53232; thence the following five calls along the perimeter of said real estate: 1.) South 22 degrees 36 minutes 31 seconds West 90.72 feet; 2.) Sou~ 37 degrees 54 minutes 37 seconds West 79.78 feet; 3.) South 48 degrees 42 minutes 46 seconds West 80.56 feet; 4.) South 66 degrees 34 minutes 37 seconds West 81.03 feet; 5.) South 79 degrees 47 minutes 52 seconds West 11 g.76 feet to the point of beginning, containing 1.92(I acres. more or less. EXHIBIT B c-