Z-495-06 Aramore PUD
SPONSOR: Councilor Rattermann
ORDINANCE Z-495-06
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA ESTABLISHING
THE ARAMORE 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 ofLC. 9 36-7-4-1500 et seq.;
WHEREAS, the Carmel/Clay Plan Commission (the "Commission") has given a
favorable recommendation to the ordinance set forth herein (the "Ordinance") which establishes
the Aramore Planned Unit Development District (the "District").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana (the "Council"), that (i) pursuant to IC 936-7-4-1500 et seq., it adopts this
Aramore Ordinance, as an amendment to the Carmel/Clay Zoning Ordinance and it shall be in
full force and effect from and after its passage, (ii) all prior ordinances or parts thereof
inconsistent with any provision of this Aramore Ordinance and its exhibits are hereby repealed,
(iii) all prior commitments and restrictions shall be null and void and replaced and superseded by
this Aramore Ordinance, and (iv) this Aramore Ordinance shall be in full force and effect from
and after its passage and signing by the Mayor.
Section I
Applicabilitv 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 Aramore.
Section 1.2 Development in the District shall be governed entirely by (i) the
provisions of this Ordinance and its exhibits, and (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 capitalized term not defined herein shall have the meaning as set forth
in the Carmel/Clay Zoning Ordinance in effect on the date of the enactment of this
Ordinance.
Section 2 Permitted PrimarY Uses: Permitted uses are condominiums and/or multi-family
dwelling units.
Section 3 Accessory Buildings and Uses: All Accessory Structures and Accessory Uses
shall be permitted except that any detached accessory building shown in any development plan
shall have on all sides the same architectural features or shall be architecturally compatible with
the principal building(s) with which it is associated.
Section 4 Communication Equipment. Cell towers shall not be permitted. Home satellite
dishes shall be permitted.
Section 5 Platting: The platting of the Real Estate into smaller tracts shall be permitted, so
long as the proposed plat complies with the area requirements set forth below in Section 6, and
the creation of a new property line within the Real Estate shall not impose or establish new
development standards beyond those specified below in Section 6 for the entirety of the Real
Estate. However, the development of any parcel shall conform to all Preliminary Development
Plans and Final Development Plans which are approved or amended per the terms of Section
14.1 below, and all other applicable requirements contained in this Ordinance.
Section 6
Height. Area and Square Footage Requirements:
Section 6.1 Maximum Building Height: The maximum Building Height for
Townhomes is thirty-eight (38) feet. The maximum Building Height for Courthomes is
thirty (30) feet.
Section 6.2 Minimum Building Set Back: The Minimum Set Back from any perimeter
boundary line of the Real Estate shall be not less than Ten (10) feet.
Section 6.3 Minimum Building Separation. The minimum building distance between
Buildings, measured from the exterior face of the foundation, shall be ten (10) feet for
Townhomes and Courthomes.
Section 6.4 Maximum Parcel Coverage. Densitv and Square Footage:
A. Maximum Parcel Coverage shall be fifty percent (50%).
B. There shall be a maximum of one hundred and fifty (131) Townhomes and
seventy-two (70) Courthomes on approximately twenty-seven and 35/100
(27.35) acres.
C. Square Footage of Townhome Floor Plans for Product Offerings shall not
be less than one thousand five hundred square feet. Square Footage of
Courthome Floor Plans for Product Offerings shall not be less than two
thousand square feet.
Section 6.5 Maximum Number of Buildings. There shall be no more than thirty (30)
Townhome Buildings and twenty-two (22) Courthome Buildings located upon the Real
Estate.
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Section 7.
Section 8
Architectural Design Requirements:
A.
Suitabilitv of building materials: A minimum of four (4) materials shall be used
for Building exteriors, from the following list: brick, cast stone, stone, Hardi-
Plank, stucco, glass, wood soffits, and vinyl windows and/or the equivalents
thereoffor all of the foregoing. The use of wood and Hardi-Plank shall be limited
to Trim and Siding.
B.
Roof design: All Townhome roofs, except for open porch roofs, shall have a
minimum slope of 12 horizontal to 6 vertical. All Courthome roofs, except for
open porch roofs, shall have a minimum slope of 12 horizontal to 4 vertical.
C.
Building rendering and elevations: Attached hereto and incorporated herein by
reference as Exhibit "B" and Exhibit "c" are a rendering and elevations, depicting
the building materials and architectural elements of the Townhomes and
Courthomes respectively, to be constructed upon the Real Estate.
D.
Communitv mail box structure: Attached hereto and incorporated herein by
reference as Exhibit "D.03" is a rendering of the community mail box and master
mailbox plan as Exhibit "D.OI ".
Landscaping Requirements:
Section 8.1 Landscape Plan: The Landscape Plan shall consist of the landscape detail
depicted on the landscape plan which is attached hereto as Exhibit "D" (hereafter
"Landscape Plan"). Landscaping shall be installed per the Landscape Plan and will be in
conformance with Chapter 26.04.06 of the Carmel Zoning Ordinance as it relates to
Bufferyards.
Section 8.2 Landscaping Standards:
A. Materials: All plants proposed to be used in accordance with any
landscaping plan shall meet ANZI Z60-60.1-1996 and meet the following
specifications:
1. Shade trees: two and one-half inch (2\1,") caliper, a minimum
height of eight (8) feet, and a branching height of not less than one-
third (113) nor more than one-half (112) of tree height.
2. Ornamental trees: one and one-half inch (1 \1,") caliper a minimum
height of six (6) feet, and a branching height of not less than one-
third (113) nor more than one-half (Y2) of tree height.
3. Evergreen Trees: A minimum height of eight (8) feet.
4. Deciduous Shrubs: A minimum height of twenty-four (24) inches,
and no less than six (6) main branches upon planting.
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5. Evergreen Shrubs: A minimum height and spread of twenty-four
(24) inches.
Section 8.3 Landscaping Installation and Maintenance:
A. Maintenance: It shall be the responsibility of the owners and their agents
to insure proper maintenance of project landscaping and lake areas
approved in accordance with this 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.
Section 8.4 Buffervards/Tree Preservation:
A. Tree Preservation will be implemented where possible but in the event that
tree preservation is not successful, landscape material will be installed
consistent with the Bufferyard Requirements Section 26.04.06 that will
consist of 3 shade trees, 4 ornamental trees and 2 I shrubs per 100 linear
feet.
Section 9
Lighting Requirements and Park Benches:
Section 9.1.
A. Front ofTownhome lighting:
1. Each Townhome having a covered porch at the front entrance shall
have one (1) downcast light fixture hanging from the ceiling of the
covered porch.
2. Each Townhome which does not have a covered porch at the front
entrance shall have two (2) downcast light fixtures mounted on
either side of the front door.
B. Rear of Townhome lighting: Each Townhome shall have one (1) exterior
grade downcast coach light mounted on either side of the overhead garage
door, each one activated by a dusk-to-dawn sensor.
C. Courthome lighting: Each Courthome shall have a minimum of one (1)
downcast light fixture at each entry door and shall have two (2) exterior
grade downcast coach lights mounted on either side of the overhead
garage door, each one activated by a dusk-to-dawn sensor.
D. Street Lighting: Attached hereto and incorporated herein by reference as
Exhibit "D.02" is a picture of the community street lighting fixtures and
master street lighting plan as Exhibit "D.01". All street lighting shall be
downcast fixtures/90 degree cut off.
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E. Park Benches: Attached hereto and incorporated herein by reference as
Courtyard Bench Exhibit "G" is a picture of the community park bench
and master community bench plan as Exhibit "D.Ol ".
Section 10
~
Section 10.1. Ground Signs and Entrv Wall.
A. IYru<: One (1) GroundJEntryway Sign shall be permitted near each
entrance to the development, as is depicted on Exhibit "F", which is
attached hereto and incorporated herein by reference.
B. Maximum Sign Area: Thirty Six (36) square feet each.
C. Illumination of Sign: External.
D. Sign Permit: Required.
E. Fees: Required.
Section 11
Parking
Section 11.1 Parking: Each Townhome shall contain a two (2) car garage and each
Courthome shall have a two car garage, in addition, there shall be not less than seventy
(70) external parking spaces.
Section 12
Mechanical Equipment
Section 12.1 Mechanical Equipment: Any mechanical equipment visible from an
adjoining street or highway shall be screened with suitable fencing or landscaping and in
general be architecturally compatible with the building(s) with which it is associated.
Section 13
Homeowners Association and Declaration of Covenants
Section 13.1 Declaration of Covenants and Homeowners Association: A Declaration of
Covenants shall be recorded which shall also contain various provisions regarding the
Real Estate, including provisions for an initiation fee, a budget requirement to fund
general reserves, the use of the Real Estate, and improvement approval requirements after
initial construction. The Declaration of Covenants will also provide for the establishment
of a Homeowners Association in which membership shall be mandatory.
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Section 14. Approval Process:
Section 14.1. Approval or Denial of the Primarv Plat/Development Plan.
A. Exhibit "E", which is attached hereto and incorporated herein by
reference, shall serve as the Conceptual Plan (the "CP"). The CP
constitutes the Development Plan and is a guideline for the primary plat
for the Real Estate. The architecture, design, lighting and landscaping for
the Real Estate and the improvements thereon, considered in connection
with the Ordinance, will require further (i) ADLS approval or (ii)
Development Plan/primary plat approval along with Final Development
Plan approval per the procedure set forth below in this Section 14. If there
is a Substantial Alteration in the approved ADLS and Development
Plan/primary plat, review and approval of the amended plans shall be
made by the Commission, or a Committee thereof, pursuant to the
Commission's rules of procedure. Minor Alterations and Material
Alterations may be approved by the Director.
B. The Director shall have the sole and exclusive authority to approve
without conditions, approve with conditions, or disapprove the Final
Development Plans/Secondary Plats (collectively, the "FDP") for
Aramore; provided, however, that the Director shall not unreasonably
withhold or delay the Director's approval of the FDP that is in substantial
conformance with the CP and is in conformance with the Development
Requirements of this Ordinance. lfthe Director disapproves any FDP, the
Director shall set forth in writing the basis for the disapproval and
schedule the request for approval of the FDP for a hearing before the full
Plan Commission.
C. An amendment to the FDP, which is not determined by the Director to be
a substantial or material alteration from the approved CP, may be
reviewed and approved solely by the Director. However, in the event the
Director determines that there has been a Substantial Alteration or
Material Alteration between the approved CP and any proposed FDP, the
Director may, at the Director's discretion, refer the amended FDP to the
Commission, or a Committee thereof, for review and approval by the
Commission and/or a Committee thereof.
D. The FDP shall be a specific plan for the development of all or a portion of
the real estate that is submitted for approval to the Director, which shall
include reasonable detail regarding the facility and structures to be
constructed, as well as drainage, erosion control, utilities, and building
information.
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Section 15
Definitions and Rules of Construction:
Section 15.1 General Rules of Construction. The following general rules of construction
and definitions shall apply to the regulations ofthis Ordinance:
A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
8. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word "shall" is a mandatory requirement. The word "may" is a
permissive requirement. The word "should" is a preferred requirement.
Section 15.2 Definitions.
A. Accessorv Structure: A structure subordinate to a building or use located
on the Real Estate which is not used for permanent human occupancy.
B. Accessorv 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.
C. Building Height: The vertical distance when measuring from the first
finished floor elevation to the mean height between eaves and ridges.
D. City: The City of Carmel, Indiana.
E. Commission: The Carmel/Clay Plan Commission.
F. Conceptual Plan. A general plan for the development ofthe Real Estate
that is submitted for approval showing proposed facilities, buildings, and
structures. This plan generally shows landscape areas, parking areas, site
access, drainage features, and building locations.
G. Condominiums: A residential living unit or units as defined in and
governed by the Indiana Code, Sections 32-25-1 to 32-25-9-2, inclusive.
H. Council: The City Council of the City of Carmel, Indiana.
1. County: Hamilton County, Indiana.
J. Declaration of Covenants: A Declaration of Covenants, Conditions and
Restrictions for the Real Estate which shall be recorded in the office of the
Recorder of Hamilton County, Indiana, and which may, from time to time,
be amended.
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K. Developer: Pittman Partners, Inc. and its successors and assigns or any
person and/or entity engaged in development of one or more phases and/or
sections of the development.
L. Development ReQuirements: Development standards and any
requirements specified in this Ordinance which must be satisfied in
connection with the approval of a Final Development Plan.
M. 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.
N. Final Development Plan. A specific plan for the development of the Real
Estate that is submitted for approval showing proposed facilities,
buildings, and structures. This plan review includes general landscaping,
parking, drainage, erosion control, signage, lighting, screening and
building information for the site.
O. Material Alteration: Any change to an approved plan of any type that
involves the substitution of one material, species, element, etc. for another.
P. Minor Alteration: Any change to an approved plan of any type that
involves the revision ofless than ten percent (10%) of the plan's total area
or approved materials and can not include a change in architectural
requirements, decrease in open space or amenities, elimination of required
plantings, or the addition of living units.
Q. Parcel Coverage: The total ground area, within the Real Estate, covered
by buildings and accessory structures which are greater than 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.
R. Real Estate: The Real Estate shall mean and refer to all ofthe Real Estate
described in Exhibit "A".
S. Right-of-Wav: An area ofland permanently dedicated to provide light, air
and access.
T. Set Back: The least measured distance between a building or structure,
excluding, however, porches, patios, and the perimeter boundary of the
Real Estate. For purposes of determining Set Back, the perimeter
boundary of the Real Estate (i) shall always mean and refer to the outside
perimeter boundary line of the Real Estate and (ii) shall not be changed or
reduced by reason of the platting or subdivision of the Real Estate into
smaller parcels.
8
U. .fugn: Any type of sign as further defined and regulated by this Ordinance
and the Sign Ordinance for Carmel-Clay Township, Ordinance Z-196, as
amended.
V. Substantial Alteration: Any change to an approved plan of any type that
involves the revision often percent (10%) or more of the plan's total area
or approved materials.
W. Townhome: An attached townhome intended for occupancy by a single
family.
X. Townhome Building: A structure containing Townhomes.
y. Courthome: An attached condominium intended for occupancy by a single
family.
Z. Courthome Building: A structure containing Courthomes.
AA. Trim: Soffits, architraves, wood reveals, and casement around doors and
windows.
Section 16. Violations. All violations of this Ordinance shall be subject to Section 34.0
of the Carmel/Clay Zoning Ordinance.
.s4-
~ASSE~bY the Common Council of the City of Carmel, Indiana this~ day of
~ ' 2006, by a vote of I ayes and 0 nays.
9
COMMON COUNCIL FOR THE CITY OF CARMEL
14~
P~ding Officer
y??
ClJ.J. Presented by me to th Mayor of the
~ .1'11:': , 2006, at '1: 08
~APproved by me, Mayor of the
~ ,2006,at q:m
ATTEST:
Diana L. Cordray, IAMC, Clerk Tre
Brian D. Mayo
at~-
Mark Rattermann
~~
City of Carmel, Indiana the ~ day of
o'clock L.M.
Diana L. Cordray, IAMC, Clerk Tr a urer
City of Carmel, Indiana, this Ol.I,Sr
O'CIOCkL.M......... ./
~ (<-Y/
Jame ~d, Mayor
day of
This Instrument prepared by: Stev ittman, Pittman Partners, Inc. PO Box 554, Carmel, IN
46082.
10
EXHIBIT "A"
Leeal Description
Part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 17 North, Range 4 East, in Hamilton
County, Indiana, described as follows:
Commencing at the northwest comer of said quarter section; thence South 00 degrees 09 minutes 06 seconds West
(assumed bearing) along the west line of said quarter section a distance of 425.85 feet to the northwest comer of a
tract of land described in a deed recorded as Instrument Number 2005-26315 in the Office of the Recorder of
Hamilton County, Indiana; thence South 89 degrees 50 minutes 54 seconds East along the north line of said tract a
distance of75.00 feet to the northeast comer of said tract and the Point ofBegirming, being a point on the south line
ofa tract ofland described in a deed recorded as Instrument Number 89-25227; thence continuing South 89 degrees
50 minutes 54 seconds East along said south line a distance of429.20 feet to a point on the easterly line ofa tract of
land described in a deed recorded as Instrument Number 2005-26316 (the following three courses are along the
easterly lines of said tract ofland); 1) thence South 00 degrees 09 minutes 06 seconds West a distance of54.36 feet;
2) thence South 89 degrees 47 minutes 07 seconds East a distance of 156.00 feet; 3) thence South 00 degrees 09
minutes 06 seconds West a distance of 222.63 feet to the north line of a tract ofland described in a deed recorded in
Deed Book 314, page 403; thence South 89 degrees 31 minutes II seconds East along said north line a distance of
307.73 feet to southwest comer ofa tract ofland described in a deed recorded in Deed Book 349, page 522; I)
thence North 00 degrees 20 minutes 59 seconds East along the west line of said tract a distance of689.87 feet to the
north line of said quarter-quarter section; 2) thence South 88 degrees 58 minutes 07 second East along said north
line a distance of379.80 feet to the northeast comer of said quarter-quarter section and the northeast comer ofa tract
of land described in a deed recorded in Deed Book 349, page 523 (the following two courses are along the easterly
and southerly lines of said tract); I) thence South 00 degrees 20 minutes 55 seconds West along the east line of said
quarter-quarter section a distance of 445.00 feet; 2) thence North 88 degrees 58 minutes 07 seconds West a distance
of 190.22 feet to the east line of the aforesaid tract of land described in Deed Book 349, page 522; thence South 00
degrees 20 minutes 55 seconds West along said east line a distance of243.05 feet to the north line of the aforesaid
tract ofland descrihed in a deed recorded in Deed Book 314, page 403; thence South 89 degrees 31 minutes II
seconds East along said north line a distance of 190.21 feet to the east line of said quarter-quarter section; thence
South 00 degrees 20 minutes 55 seconds West along said east line a distance of 646.66 feet to the southeast comer
said quarter-quarter section; thence North 89 degrees 30 minutes 24 seconds West along the south line of said
quarter-quarter section a distance of 1275.51 feet to the east right-of-way line per road plans for Carmel Project
Number 04-11 for Westfield Boulevard (the following two courses are along said east right-of-way line); I) thence
North 00 degrees 09 minutes 06 seconds East a distance of 323.07 feet; 2) thence South 89 degrees 31 minutes II
seconds East a distance of5.00 feet; thence North 00 degrees 09 minutes 06 seconds East a distance of597.10 feet
to the Point of Beginning, containing 27.358 acres, more or less.
11
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COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE i■ CONNECTION WiTH A DEVELOPMENT PLAN APPROVAL
AND ZONE MAP CHANGE REQUIRED BY THE CARMEL CLAY ZONING
ORDINANCE
In accordance with I C 36 7-4 613 or I C 36 7 4 615 Pittman Partners inc an Indiana Corporation its
nominee or assignee the contract purchaser Owner of the teal estate located in Clay To nship of
Carmel Hamilton County Indiana which is described below in the attached Exhibit A (the Real
Fstate makes the following COMMITMENT S concerning the use and deselopinent of the following
descnbed parcel of real estate
LEGAL DESCRIPTION See Exhibit A attached
S I'ATEMENT OF COMMITMEN rS
The asphalt pedestnan bicycle trails that m tit be built south of and adjacent to 99 Street east of Ind
adjacent to Westfield Boulevard and north of Ind adjacent to 98 Street shall be Ten Feet (10 m ide
These COMMITMENTS shall be binding on the Owner of the shove described real estate once said
Owner Closes on the !lull Estate subsequent om ners of the above described real estate and all other
persons acquiring any interest therein These COMMITMENTS may be modified or terminated by a
decision of the Carmel City Council
COMMITMENTS contained in this instrument shall be effect'se upon the approval of Onlinance Z-49)
06 pursuant to the Carmel Zoning Ordinance and shall continue in effect for as long as the
Acne descnbed parcel of real estate remains zoned to the PUD zoning classification or until modified or
terminated by the Cannel City Council
1 hese COMMITMENTS may be enforced jointly and severally by
1 The Carmel City Council and
2 The Carmel Department of Community Services
IN WITNESS WIIEREOi" Om ner has executed this instrument this J D day of 11/41.A5F 2006
By '`O
tee: oi
(pnnted name vid title)
STATE OF INDIANA
SS
COUNTY OF .hint t^
Subscnbed and sworn to before m a }Votary Public in and for said Count' and State appeared
Shwa 1 the W414t4 of Ftwt. 2,-h.5 a(n) Li4a PaAJN. recreaa44h
and acknowledged the executed of the foregoing Commitments Concerning the Use and
Des elopment of Real Estate for and on behalf of ?;I-1 wia.i 2-..- 4- K a's
2009044118 MISC $17 00
07/20/2009 03 30 56P 3 PGS
Jennafer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
WITNrSS my hand and Notarial Seal this I 0 day of &A 2006
ot
My Commission Expires 3/9-7/20 I C. _kin) 9 /7_
ij ;ckoian 3 l_ &urG N
�.J� pnnted) Notary Public
in 1 1Go' a`^ County 1 f \ri r-'
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2
EXHIBIT A
Land Description
Part of the Northwest Quarter of the Southwest Quarter of Section 7 Township 17 North Range 4 Fast in Ilamtlton
County Indiana descnbed 9s follows
Commencing at the northwest comer of said quarter section, thence South 00 degrees 09 minutes 06 seconds West
(assumed beanng) along the west line of said quarter section a distance of425 83 feet to the northwest corner of a
tract of land descnbed in a deed recorded as Instrument Number 2005 26315 in the Office of the Recorder of
Ilamtlton County lndnna thence South 89 degrees 50 minutes 14 seconds Last along the north Ime of said tract a
distance of 73 00 feet to the northeast corner of said tract and the Point of Beginning being a point on the south line
ofa tract of land descnbed in a deed recorded as Instrument Number 89 23227 thence continuing South 89 degrees
30 minutes 54 seconds Fast along said south line a distance of 429 20 feet to a point on the easterly line ofa tract of
land descnbed in a deed recorded is Instrument Number 2005 26316 (the following three courses are along the
easterly Imes of said tract of Find) 1) thence South 00 degrees 09 minutes 06 seconds West a distance of 34 36 feet
2) thence South 89 degrees 47 minutes 07 seconds East a distance of 156 00 feet 3) thence South 00 degrees 09
minutes 06 seconds West a distance of222 63 feet to the north line ofa tract of land descnbed in a deed recorded in
Deed Book 314 page 403 thence South 89 degrees 31 minutes I 1 seconds East along send north line a distance of
307 73 feet to southwest corner of a tract of land descnbed in a deed recorded in Deed Book 349 page 522 1)
thence North 00 degrees 20 minutes 39 seconds fast along the west Ime of said tract a distance of 689 87 feet to the
north line of said quarter quarter section 2) thence South 88 degrees 58 minutes 07 second bast along said north
line a distance of 379 80 feet to the northeast corner of said quarter quarter section and the northeast corner ofa tract
of land described in a deed recorded in Deed Book 349 page 323 (the following two courses are along the easterly
and southerly line, of slid tract) I) thence South 00 degrees 20 minutes 15 seconds West along the east Inc of slid
quarter quarter section a distance of 443 00 feet 2) thence North 88 degrees 58 nunutes 07 seconds West a distance
of 190 22 feet to the east Inc of the aforesaid tract of land descnbed in Deed Book 349 page 522 thence South 00
degrees 20 minutes 55 seconds West along said east Inc a distance of 243 05 feet to the north line of the aforesaid
tract of land descnbed m a deed recorded in Deed Book 314 page 403 thence South 89 degrees 31 minutes I 1
seconds East along said north line a distance of 190 21 feet to the east Inc of said quarter quarter section. thence
South 00 degrees 20 minutes 53 seconds West along said east line a distance of 646 66 feet to the southeast corner
said quarter quarter section thence North 89 degrees 30 minutes 24 seconds West along the south line of said
quarter quarter section a distance of 1273 31 feet to the east nght of w av line per road plans for Cirmel Project
Number 04 11 for Westfield Boulevard (the following two courses are along said east nght of way line) 1) thence
North 00 degrees 09 minutes 06 seconds East a distance of 323 07 feet 2) thence South 89 degrees 31 minutes 11
seconds East a distance of 5 00 feet thence North 00 degrees 09 minutes 06 seconds rest a distance of 397 10 feet
to the Point of Beginning containing 27 358 acres more or less
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EXHIBIT A
Land Desci iption
Part of the Northwest Quarter of the Southwest Quarter of Section 7 Township 17 North, RanLe 4 fast in Hamilton
County Indiana descnbed as follows
Commencing at the northwest corner of said quarter section, thence South 00 degrees 09 minute, 06 seconds West
(assumed beanng) along the west Tine of said quarter section a distance of425 85 feet to the northwest corner of
tract of land described in a deed recorded as Instrument Number 2003 26315 in the Office of the Recorder of
i lamilton County Indiana thence South 89 degrees 50 minutes 54 seconds Fast along the north line of said tract a
distance of 75 00 feet to the. northeast corner of said tract and the Point of Beginning being t point on the south line
of a tract of land descnbed in a deed recorded 's Instrument Number 89 25227 thence continuing South 89 degrees
50 minutes 54 seconds I at along said south line a distance of 429 20 feet to a point on the easterly line of a tract of
land descnbed in a deed recorded as Instrument Number 2005 26316 (the following three courses are along the
easterly lines of said tract ofland) 1) thence South 00 degrees 09 minutes 06 seconds West a distance of 54 36 feet
2) thencc South 89 degrees 47 minutes 07 seconds Fast a distance of 156 00 feet 3) thence South 00 degrees 09
minutes 06 seconds West a distance of 222 63 feet to the north line of a tract of land described in a deed recorded in
Deed Book 314 page 403 thence South 89 degrees 31 minutes 11 seconds Fast along said north line a distance of
307 73 feet to southwest corner of a tract of land descnbed tot deed recorded in Deed Book 349 page 522 1)
thence North 00 degree, 20 minutes 39 seconds Cast along the west line of said tract a distance of 689 87 feet to the
north line of said quarter quarter section, 2) thence South 88 degrees 58 minutes 07 second East along said north
line a distance of 379 80 feet to the northeast comer of said quarter quarter section and the northeast comer of a tract
of land descnbed in a deed recorded in Deed Book 349 page 521 (the following two courses are along the easterly
and southerly lines of said tract) 1) thence South 00 degrees 20 rmnutcs 33 seconds West along the east line of said
quarter quarter section a distance of 445 00 feet 2) thence North 88 degrees 58 minutes 07 seconds West a distance
of 190 22 feet to the east line of the aforesaid tract of land descnbed in Deed Book 349 page 522 thence South 00
degrees 20 minutes 35 seconds West 'long said east Inc a distance of 243 05 feet to the north line of the aforesaid
tract of land descnbed in a deed recopied in Deed Book 314 page 403 thence South 89 degrees 31 minutes I I
seconds East along said north line a distance of 190 21 feet to the east line of said quarter quarter section, thence
South 00 degrees 20 minutes 53 seconds West along said east lire a distance of 646 66 feet to the southeast corner
said quarter goiter section thence North 89 degrees 30 minutes 24 seconds West along the south line of said
quarter quarter section a distance of 1275 51 feet to the east nght of way line per road plans for Carmel Project
Number 04 11 tor Westfield Boulesard (the following tuo courses are along said east nght of way line) 1) thence
North 00 degrees 09 minutes 06 seconds East a distance of 323 07 feet 2) thence South 89 degrees 31 minutes 11
seconds Eist t distance of 3 00 feet thence North 00 degrees 09 minutes 06 seconds Eat a distance of 597 10 feet
to the Point of Be &inninf, containing 27 338 acres more or Tess
3