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HomeMy Public PortalAbout054-2015 - Amending Zoning Map - General Commercial to Outdoor Commercial - 0 Chester BlvdCOMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA ORDINANCE NO.54-2015 A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR A CERTAIN PARCEL FROM GENERAL COMMERICIAL (GC) DISTRICT TO OUTDOOR COMMERCIAL (OC) DISTRICT WHEREAS, The Zoning Map designates certain property commonly known as 0 Chester Boulevard and legally described as follows, to wit: PT SE SEC 17-14-1 34.12A as a General Commercial (GC) District, as described on Exhibit A; and WHEREAS, It is desirable to change a platted and surveyed area of the above described real estate's zoning designation to an Outdoor Commercial (OC) District in order to allow the property to be zoned as an OC District and to allow the use of the lot for a car sales business. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the zoning designation for the surveyed area of the above described property as platted and described in Exhibit A is changed to an Outdoor Commercial (OC) District. Passed and adopted this _k_ day of 2015, by the Common Council of the City of Richmond, Indiana. Q t"6(;6— , President (Dr. Ronald Oler) (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this f- day of , 2015, at 9:00 a.m. (Karen Chasteen, IAMC, MMC) APP VED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this day of 2015, at 9:05 a.m. Mayor (Sarah L. Hu on) ATTE T: (Karen Chasteen, IAMC, MMC) EXHIBIT EPAGE �OF Amendment Site Information Site Address: O C, µEST&F, s'l„ o. Parcel Number: 9'�lGtZ400 t05'000029 Subdivision Name (:f applicable): K l A Overlay District ('applicable): K t A Proposed Use: C^'� Lcz- Existing Zoning: G C Total Acres: 65.2 53 Proposed Zoning: O C Total Acres: 15. 2 513 Owner Information Name: fttCKtiz D. RaSS Address: 3c.3o C1�ESTcK 'ULV�. City: �1c�lt�enn t SriptA�lQ. Zip: 4'T374 CONTACT INFORMATION A, G E K-r- Home: Work: Z(PG' 44Z-10 Z3 Mobile: 1 "' 29 3¢- Email: -6e00.15 . G6NAA Agent Information Name: A.SsoCA.TFS =Az. �oaQo�1 AA00?.E Address: 12 2 So u-'4- H VT- Sryee-r City: 'YZ c Ht�r�� , -XVW c iawv N Zip: 44'I3-C y CONTACT INFORMATION Home: Work: 765'-°� ^�x3 Mobile: ?6S-'1'77- X534 Email: Gfh*-aRE@ i3EgcsMeoREcore Page 13 EXHIBIT PAGE __OF_Ja� Amendment Details of Zoning Amendment Request Describe the Zoning Amendment requested. -ca eti Z634o4G FZ,a (Gc) C,EKt-�wc Ca���tctAt 'rta (OS-) p u-Mse-R Co Mm i`a t AL Describe the reasons for this request. TO C_V'1ED.TE % CA'Q 1 T 'bustAESS The Richmond Plan Commission shall assess this application based upon its adherence to Findings of Fact (per UDO 9.18E): i. The City of Richmond Comprehensive Plan. ii. Current conditions and the character of current structures and uses in each district. iii. The most desirable use for which the land in each district is adapted. iv. The conservation of property values throughout the jurisdiction. v. Responsible development and growth. The Plan Commission shall certify the amendment to the Official Zoning Map and forward the application to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation. The Plan Commission may also recommend commitments concerning the use and/or development of the land in connection with the Application for Rezoning. The Common Council makes the final determination regarding an Application for Rezoning and any recommended commitments by ordinance. Certification I hereby certify that the above information and accompanying documents are true and accurate to the best of my knowledge. I understand that any misrepresentation of submitted data may invalidate any approval of this document. I further understand that this completed application must be filed and fees paid at least twenty-eight (28) days prior to the next scheduled Advisory Plan Commission meeting. APPLICANT SIGNATURE: 61M DATE: Page 14 EXHIBIT _ PAGE OFF 15 4 EXHIBIT PAGE 0 KZI z Ojecs�r EXHIBIT PAGEOF LAND DESCRIPTION FOR REZONING NOT FOR TRANSFER For Nickie D. Ross Revocable Living Trust 15.253 Acres Situated in the Southeast and Northeast Quarters, Section 17, Township 14 North, Range 1 West, Wayne Township, Wayne County, Indiana, being part of a 44.55 acre tract, as described in Instrument 2008007875, as recorded in the Wayne County Recorder's Office, being more particularly described as follows: Commencing at the northeast comer of said Southeast Quarter, in United States Highway No. 27; thence South 00°00'00" East (bearings are based upon Instrument 2008007875) 432.01 feet along the east line of said southeast corner, in said State Highway, to the POINT OF BEGINNING for the tract herein described, said point being the southeast corner of a 0.74 acre tract, as described in Instrument 2008007875; thence South 00'00'W' East 271.39 feet along said east line, in said highway, to the southeast corner of said 44.55 acre tract; thence North 90100'00" West 1335.02 feet along the south line of said 44.55 acre tract, to the west line of the East Half of said Southeast Quarter; thence North 00'00'00" West 981.78 feet along the west line of said East Half of said Southeast Quarter, and entering into said Northeast Quarter, to the north line of said 44.55 acre tract; thence North 90°00'00" East 318.57 feet along said north line, to the northeast comer of said 44.55 acre tract; thence South 37110'00" West 450.45 feet along an east line of said 44.55 acre tract, and re- entering into said Southeast Quarter, to a comer of said 44.55 acre tract; thence South 73'35'00" East 693.00 feet along a north line of said 44.55 acre tract; thence North90°00'00" East 327.22 feet along a north line of said 44.55 acre tract, to the northwest corner of a 0.17 acre tract, as described in Instrument 2008007875; thence South 02'35'00" East 153.82 feet along the south line of said 0.17 acre tract, and along the south line of a 0.12 acre tract, as described in said Instrument 2008007875, and along the south line of said 0.74 acre tract, to the point of beginning, containing 15.253 acres, more or less, as shown on Drawing No. D-3251, dated 29 July 2015, being subject to the right-of-way of United States Highway No. 27, and to all legal easements of record. This is to certify that the above description and the plat were prepared this 29th day of July 2015, from a recent survey, and are true and correct to the best of my knowledge and belief. Q�01.1 E. ly0p , 00: <Z4 NoEA�� • 9� . LS20400025 STATE OF '' � � •'• ;ND I ANP'• 0Q 10 '4•.nu�p` BEALS-MOORE & ASSOCIATES, INC. Gordon E. Moore L.S.20400025 State of Indiana WO 2015-073 Disclaimer: Alterations of airy part of this legal description will render it non- compliant with Indiana Administrative Code Title 865 IAC 1-12. =�i%�+�3�`l'ii ►�it.�iiii�"rr' - 715�" SEALS-MOORF,,& ASSOCIATES INC - EXHIBIT PAGE QE'J�J 200SM7875 QUIT CLAM $462.00 3� 08/28/2006 03:26:3SP 14 PGS Deborah Resh Mayne County Recorder IN ? Recorded as Presented en QUIT -CLAIM DEED THIS INDENTURE WTTNESSETH, That Nickie D. Ross, of Wayne County, State of Indiana, Releases and Quit -claims to Niclde D. Ross, Trustee of the Revocable Trust of Nickie D. Ross Revocable Living Trust, dated August 27, 2008, of Wayne County, Indiana, as a conveyance to Grantor's Revocable Trust, the following described real estate in Wayne County, in the State of Indiana, to -wit: Being a part of the Northeast and Southeast Quarters of Section 17, Township 14 North, Range 1 West, in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a brass plug in concrete found at the northeast comer of the Southeast Quarter of said Section 17, and running thence from said beginning point, south 00 degrees, 07 minutes and 15 seconds west, along the east line of said Southeast Quarter, 4.62 feet to a point; thence south 89 degrees, 46 minutes and 00 seconds west, parallel to the north line of said Southeast Quarter, 834.57 feet to a point, witness a wood post found 3.63 feet north 82 degrees, 16 minutes and 45 seconds east of the true corner; thence south 00, degrees 07 minutes and 15 seconds west, parallel to the east line of said Southeast Quarter, 207.97 feet to a point, witness a wood post found, 3.28 feet south 75 degrees, 24 minutes and 30 seconds west of the true comer; thence north 73 degrees, 14 minutes and 45 seconds west, 474.93 feet to an iron rod found; thence north 36 degrees, 44 minutes and 10 seconds east, entering the Northeast Quarter of said Section 17, 455.13 feet to a steel "r' post; thence north 38 degrees, 15 minutes and 40 seconds east, 310.46 feet to a point; thence south 02 degrees, 12 minutes and 20 seconds west, 240.00 feet to an iron pipe found; thence south,. parallel to the east line of said Northeast Quarter (assuming said east line runs north and south),154.00 feet to an ion pipe found; thence north 89 degrees, 32 minutes and 50 seconds east, 834.57 feet to a point in the east line of said Northeast Quarter; thence south, along said east line, 142.20 feet to the place of beginning, containing a total area of 6.681 acres, there being 1.538 acres in the Southeast Quarter of said Section 17, and 5.143 acres in the Northeast Quarter of said Section 17. (Common Address 3706 Chester Boulevard, Richmond, Indiana.) Parcel Nos. 46-17-200-215.000-16 and 46-17-400-104.000-16 92P Rages 67-'*gu 7 t{r{.SS A,z-x,5 -T'-GrAL -Mxc-r 3 lrxC g-Rrta+ts 0.14 AmeS o . ►Z A�c2eS c . kZ AcvRes Be,us-MO6RF'& ASSOCIATES INC EXHIBIT PAGE aOF -2- Being a part of the Northeast Quarter of Section 17, Township 14 North, Range I West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point in the east line of the Northeast Quarter of said Section 17, said point being 142.20 feet north of a cross found at the southeast corner of said Northeast Quarter, (assuming said east line runs north and south), and running thence, from said beginning point, south 89 degrees, 32 minutes and 50 seconds west, along an existing fence line, 834.57 feet to an iron pipe set; thence north, parallel to said east line 154.00 feet to an iron pipe set; thence north 89 degrees, 32 minutes and 50 seconds east, 834.57 feet to a point in said east line; thence south, along said east line, 154.00 feet to the place of beginning, containing an area of 2.950 acres. Subject To: The right-of-way of United States Highway Number 27, and any easements of record. (Common address: 3750 Chester Boulevard, Richmond, IN 47374.) Parcel No. 46-17-200-216.000-16 Being a part of the Northeast Quarter of Section 17, Township 14 North, Range 1 West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point in the east line of the Northeast Quarter of said Section 17, said point being 296.20 feet north of cut Cross found at the southeast comer of said Northeast Quarter, (assuming said east line runs north and south), and running thence, from said beginning point, south 89 degrees, 32 minutes and 50 seconds west, 834.57 feet to an iron pipe set; thence north 2 degrees, 12 minutes and 20 seconds east, 138.88 feet to an iron pipe set; thence north 89 degrees, 40 minutes and 00 seconds east, 829.21 feet to a point in said east line; thence south, along said east line, 137.00 feet to the place of beginning, containing an area of 2.630 acres. Subject To: An easement for the purpose of ingress and egress and being more particularly described as follows: beginning at the northeast comer of the above described tract, and running thence, from said beginning point south, along the east line of said Northeast Quarter and the east line of the above tract, 6.00 feet; thence south 89 degrees, 40 minutes and 00 seconds west, parallel to the north line of the above tract, 160.00 feet; thence north, parallel to said east line, 6.00 feet to a point on the north line of said tract; thence north 89 degrees, 40 minutes and 00 seconds east, along said north line, 160.00 feet to the place of beginning. Also Subject To: The right-of-way of United States Highway Number 27, and any easements of record. (Common Address 3778 Oda 3728 Chester Boulevard, Richmond, IN) Parcel No. 46-17-200-217.000-16. Q000smer1docs\CHent Moss, Nidde\QUrr-Cr.A1M DEED Nidde to TRUST.doe BEALS-M06AP& ASSOCIATES M - EXHIBIT _PAGE Cx OF -3- Part of the Northeast Quarter of Section Sixteen (16), Township Fourteen (14) North, Range One (1) West, described as follows: Beginning at the northeast corner of the ten (10) acre tract conveyed by Emma C. Campbell, et. al. to grantors, which said deed is of record in Deed Record 222 at page 442 in the office of the Recorder of Wayne County, Indiana, thence south along east line of said quarter section Two Hundred Sixty-four (264) feet; thence west Three Hundred Thirty (330) feet to the west line of said tract; thence north along the west line of said tract, Two Hundred Sixty-four (264) feet to the north line of said quarter section; thence east Three Hundred Thirty (330) feet to the place of beginning, containing two (2) acres, more or less. (Common address: 3938 Cart Road, Richmond, Indiana.) Parcel No. 46-16-000-210.000-16 Part of the Northeast Quarter of Section Sixteen (16), Township Fourteen (14) North, Range One (1) West, located and described as follows: Beginning at the southeast corner of the northeast quarter of section Sixteen (16) Township Fourteen (14) North Range One (1) West running thence west twenty (20) rods along the south line of said quarter section, thence north parallel with the east line of said Section eighty (80) rods, thence east twenty (20) rods to the east line of said Section, thence south eighty (80) rods to the place of beginning. Except: A part of the Northeast Quarter of Section Sixteen (16), Township Fourteen (14) North, Range One (1) West in Wayne Township, and being more particularly described as follows: Beginning at the Southeast comer of said Northeast Quarter and running thence west (assuming south line of said quarter runs east and west) three hundred thirty (330) feet; thence north parallel to the east line of said quarter, seven hundred eighty-two and eighty hundredths (782.80) feet; thence east, parallel to the south line of said quarter three hundred thirty (330) feet; thence south along the east line of said quarter seven hundred eighty-two and eighty hundredths (782.80) feet to the place of beginning, containing an area of five and ninety-three hundredths (5.93) acres, more or less. Also Except: Part of the Northeast Quarter of Section Sixteen (16), Township Fourteen (14) North, Range One (1) West, described as follows: Beginning at the northeast corner of the ten (10) acre tract conveyed to Emma C. Campbell, et. al. to grantors, which said deed is recorded in Deed Record 222 at page 442 in the office of the Recorder of Wayne County, Indiana, thence south along the east line of said quarter section two hundred sixty- four (264) feet; thence west three hundred thirty (330) feet to the west line of said tract; thence north along the west line of said tract two hundred sixty-four (264) feet to the north line of said quarter section; thence east three hundred thirty (330) feet to the place of beginning, containing two (2) acres, more or less. Parcel No. 46-16-000-209.008-16 A part of the South Quarter of Section 17, Township 14 North, Range 1 West, beginning at a point 16.76 rods South of the Northeast comer of said Quarter Section and running thence West 37.87 rods; thence North 73 degrees 25' West 13.21 rods; thence North 12.91 \\2000sma \docs\C11m1 Mow Niclde\QUMCLATM DEED Nicldc to TRUSTAM BRM S.M00RE& ASSOCIATES INC - EXHIBIT PAGE _I _ -4- rods; thence East 50.58 rods to the sections line; thence South 16.48 rods to the place of beginning, containing 5.07 acres, more or less. EXCEPTING THEREFROM, a part of the Southeast Quarter of Section 17, Township 14 North, Range 1 West, Wayne County, Indiana, and being all that part of the grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, Marked EXHIBIT "B", described as follows: Commencing at point #203 on said plat which point is the northeast corner of said quarter -section; thence South 0 degrees 22 minutes 20 seconds West 83.55 meters (273.47 feet) along the east line of said section; thence North 89 degrees 37 minutes 40 seconds West 21.336 meters (70.00 feet) to point #21 on said plat, which point is on the west boundary of S.R. 27 and the point of beginning of this description; thence continuing North 89 degrees 37 minutes 40 seconds West 4.667 meters (15.30 feet) along a south line of the grantor's land to point #22 on said plat; thence North 0 degrees 22 minutes 20 seconds East 11.147 meters (36.57 feet) to point #23 on said plat; thence North 17 degrees 38 minutes 40 seconds East 15.708 meters (51.54 feet) to point #24 on said plat, which point is on the boundary of said S.R. 27; thence South 0 degrees 22 minutes 20 seconds West 26,147 meters (85.78 feet) along said boundary to the point of beginning and containing 0.0087 hectares (0.021 acres), more or less. (Common address: 3686 Chester Boulevard, Richmond, Indiana.) Parcel No. 46-17-400-103,000-16. Part of the southeast quarter of Section 17, Township 14 North, Range 1 West, and more particularly described as follows: Beginning at a point in the east line of said quarter Section 1,648.6 feet north of the southeast comer of said quarter section; thence south 89 degrees and 29 minutes west 1,082.3 feet; thence south 59 degrees 21 minutes west 162.4 feet; thence north 16 degrees and 41 minutes west 178.7 feet; thence north 26 degrees 54 minutes east 205.8 feet; thence north 8 degrees 9 minutes east 91.1 feet to a point in the northerly line of land formerly owned by Levi S. Miller; thence north 89 degrees 29 minutes east along said northerly line 1,167.3 feet to the east line of said quarter section; thence south 363 feet to the place of beginning, containing 10.2 acres, more or less. EXCEPTING THEREFROM, a part of the Southeast Quarter of Section 17, Township 14 North, Range 1 West, Wayne County, Indiana, and being all that part of grantor's land lying within the right of way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT `B", described as follows: Commencing at point #203 on said plat, which point is the northeast corner of said quarter -section; thence South 0 degrees 22 minutes 20 seconds West 277.208 meters (909.48 feet) along the east line of said section; thence North 89 degrees 37 minutes 40 seconds West 19.507 meters (64.00 feet) to point #14 on said plat, which point is on the west boundary of S.R. 27 and the point of beginning of this description: thence North 21 degrees 21 minutes 29 seconds West 5.382 meters (17.76 feet) to point #15 on said plat: thence North 0 degrees 22 minutes 20 seconds East 10.000 meters (32.81 feet) to point #16 on said plat; thence North 22 degrees 06 minutes 09 seconds East 5,382 meters (17.76) to point #17 on said plat, which point is on the boundary of said S.R. 27; thence South 0 degrees 22 minutes 20 seconds West 20.000 meters (65.62 feet) along said boundary to the point of beginning and containing 0.0030 hectares (0.007 acres), more less. M00smY=\docs\C1ient Moss, Nickie\QUIT-CLAIM DEED Nielde to TRUST.doc BEM-M06RE'& AssOC1ATEs INc - EXHIBIT PAGE _11_.0 -5- SUBJECT TO: The right-of-way of all legal highways and easements of record. (Common address 3564 Chester Boulevard, Richmond, IN.) Parcel No. 46-17-400-106.000-16. Being a part of the Northeast Quarter of Section 17, Township 14 North, Range l West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point in the east line of the Northeast Quarter of said Section 17, said point being 433.20 feet north of a cut Cross found at the southeast corner of said Northeast Quarter, (assuming said east line runs north and south), and naming thence from said beginning point, south 89 degrees, 40 minutes and 00 seconds west, 829.21 feet to an iron pipe set; thence north 2 degrees, 12 minutes and 20 seconds east, 125.12 feet to a point, witness an iron pipe set 71.00 feet north 89 degrees, 40 minutes and 00 seconds east on top of bank; thence north 89 degrees, 40 minutes and 00 seconds east, 824.40 feet to a point in the east line of said Northeast Quarter; thence south, along said east line, 125.00 feet to the place of beginning, containing an area of 2.370 acres. AND ALSO: An easement for the purpose of ingrees and egress and being more particularly described as follows: Beginning at the southeast comer of the above described tract, and running thence, from said beginning point, south, along the east of said Northeast Quarter, 6.00 feet; thence south 89 degrees, 40 minutes and 00 seconds west, parallel to the south line of the above described tract, 160.00 feet; thence north, parallel to said east line, 6.00 feet to a point on the south line of the above described tract; thence north 89 degrees, 40 minutes and 00 seconds east, along said south line, 160.00 feet to the place of beginning. SUBJECT TO: A sanitary sewer easement on file at the Sanitary District, and being more particularly described as follows: Beginning at a point on the west right-of-way of United States Highway Number 27, said point being 64.00 feet south 89 degrees, 40 minutes and 00 seconds west of the northeast comer of the above described tract, and running thence, from said beginning point, south, parallel to the east line of the Northeast Quarter, 20.00 feet; thence south 89 degrees, 40 minutes and 00 seconds west, parallel to the north line of the above tract, 100.00 feet; thence south 66 degrees and 21 minutes west, 76.16 feet; thence south 89 degrees, 40 minutes and 00 seconds west, parallel to the north line of the above tract, 220.00 feet; thence north, parallel to said east line, 50.00 feet to a point on the north line of the above tract; thence north 89 degrees, 40 minutes and 00 seconds west, along said north line, 390.00 feet to the place of beginning. ALSO SUBJECT TO: The right-of-way of United States Highway 27, and any easements of record. (Common Address 3788 U.S. 27 North, Richmond, Indiana.) Parcel No. 46-17-200-218.000-16 A part of the northeast and a part of the southeast quarters of Section 17, Township 14, ;k Range 1 West, bounded and described as follows: \\2000wmerdocs\C1icm R\Ross, Nkkie\QUIT-CLAIM DEED Nickie to TRUST.doc BEfiLS-MOORE'& ASSOCIATES INC OF- -6- Beginning at a point 16.76 rods south of the northeast comer of the southeast quarter of said Section 17; running thence west 37.87 rods to a stake; thence north 73 degrees and 35 minutes west, 42 rods to a stake; thence north 37 degrees 10 minutes east, 27.30 rods to a stake; thence west 93.79 rods to a stake 6 rods east of the quarter section line; thence south 16.32 rods; thence west 6 rods to the center corner of said section; thence south, on the quarter section line 42.48 rods to an iron pipe; thence east 161.82 rods to an iron pipe on the east line of said quarter; thence north, on the east line of said quarter 25.87 rods to the place of beginning, containing 44.55 acres, more or less. EXCEPTING THEREFROM: Being a part of the Southeast Quarter of Section Seventeen (17), Township Fourteen (14) North, Range One (1) West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point on the east line of said southeast quarter, two hundred seventy-six and fifty-four hundredths (276.54) feet south of the northeast corner of said southeast quarter (assuming that the east line of said quarter runs north and south) and running thence north eighty-nine (89) degrees and thirty-one (31) minutes west, two hundred twelve and sixty- four hundredths (212.64) feet; thence south two (02) degrees and fifty-eight (58) minutes east, one hundred fifty-four and thirty-eight hundredths (154.38) feet; thence south eighty- nine (89) degrees and eight (08) minutes east two hundred four and sixty-seven hundredths (204.67) feet to the east line of said southeast quarter; thence north, along the east line of said quarter, one hundred fifty-five and forty-seven hundredths (155.47) feet to the place of beginning, containing an area of seventy-four hundredths (0.74) of an acre. EXCEPTING THEREFROM, apart of the southeast quarter of Section Seventeen (17), Township Fourteen (14) North, Range One (1) West in Wayne Township, and being more particularly described as follows: Beginning at the northwest comer of a seventy-four hundredths (0.74) acre tract of land, said northwest corner being two hundred seventy-six and fifty-four hundredths (276.54) feet south and two hundred twelve and sixty-four hundredths (212.64) feet north eighty-nine (89) degrees and thirty-one (31) minutes west of the northeast corner of said southeast quarter and running thence, from said beginning point, south two (02) degrees and fifty-eight (58) minutes east, along the west line of said seventy-four hundredths (0.74) acre tract, one hundred fifty-four and thirty-eight hundredths (154.38) feet to the southwest comer of said tract; thence north eighty-nine (89) degrees eight (08) minutes west thirty-five (35.0) feet, thence north two (02) degrees and fifty-eight (58) minutes west one hundred fifty-four and, fifteen hundredths (154.15) feet; thence south eighty-nine (89) degrees and thirty-one (31) minutes east thirty-five (35.0) feet to the place of beginning, containing an area of twelve hundredths (0.12) of an acre. ALSO EXCEPTING THEREFROM, a part of the Southeast Quarter of Section Seventeen (17), Township Fourteen (14) North, Range One (1) West in Wayne Township, and being more particularly described as follows: Beginning at the northwest comer of a twelve hundredths (0.12) acre tract of land (said tract conveyed to Niekie Dianne Case by Warranty Deed recorded in Deed Record 419, page 196), said northwest corner being two hundred seventy-six and fifty-four hundredths (276.54) feet south and two hundred forty- seven and sixty-four hundredths (247.64) feet north eighty-nine (89) degrees and thirty-one 4ef� \\2000server\docs\C1iem MOSS, NickielQUlT-CLAIM DEED Nickie to TRUST.doc 0' BEAUS-MOOIKE & ASSOCIATES INC - EXHIBIT PAGE IZ-OF -7- (31) minutes west of the northeast comer of said southeast quarter and running thence, from said beginning point, south two (02) degrees and fifty-eight (58) minutes east along the west line of said twelve hundredths (0.12) acre tract one hundred fifty-four and fifteen hundredths (154.15) feet to the southwest corner of said twelve hundredths (0.12) acre tract; thence north eighty-nine (89) degrees and eight (08) minutes west fifty (50) feet; thence north two (02) degrees and fifty-eight (58) minutes west one hundred fifty-three and eighty-two hundredths (153.82) feet; thence south eighty-nine (89) degrees and thirty-one (31) minutes east fifty (50) feet to the place of beginning, containing an area of seventeen hundredths (0.17) of an acre, more or less. (Common address 2840 Chester Boulevard, Richmond, Indiana) Parcel Nos. 46-17-400-105.000-16 and 46-17-200-213.000-16 TRACT Being a part of the Southeast Quarter of Section Seventeen (17), Township Fourteen (14) North, Range One (1) West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point on the east line of said southeast quarter, two hundred seventy-six and fifty-four hundredths (276.54) feet south of the northeast comer of said southeast quarter (assuming that the east line of said quarter runs north and south) and running thence north eighty-nine (89) degrees and thirty-one (31) minutes west, two hundred twelve and sixty- four hundredths (212.64) feet; thence south two (02) degrees and fifty-eight (58) minutes east, one hundred fifty-four and thirty-eight hundredths (154.58) feet; thence south eighty- nine (89) degrees and eight (08) minutes east two hundred four and sixty-seven hundredths (204.67) feet to the east line of said southeast quarter; thence north, along the east line of said quarter, one hundred fifty-five and forty-seven hundredths (155.47) feet to the place of beginning, containing an area of seventy-four hundredths (0.74) of an acre. Being the same parcel of real estate conveyed to grantor in the style and name of Nickey Dianna DeLucio by Warranty Deed dated April 16, 1980 and recorded April 22, 1980 in Deed Record 408, page 489, of the records in the office of Recorder of Wayne County, Indiana. Parcel No. 46-17-400-101.000-16 TRACT II A part of the Southeast Quarter of Section Seventeen (17), Township Fourteen (14) North, Range One (1) West in Wayne Township, and being more particularly described as follows: Beginning at the northwest corner of a seventy-four hundredths (0.74) acre tract of land, said northwest corner being two hundred seventy-six and fifty-four hundredths (276.54) feet south and two hundred twelve and sixty-four hundredths (212.64) feet north eighty-nine (89) degrees and thirty-one (31) minutes west of the northeast corner of said southeast quarter and running thence, from said beginning point, south two (02) degrees and fifty-eight (58) minutes east, along the west line of said seventy-four hundredths (0.74) acre tract, one hundred fifty-four and thirty-eight hundredths (154.38) feet to the southwest A2000serveedocsUict R\Ross, Nickie\QUIT-CLAIM DEED Nidde to TRUST.doc BEAd S-ivfOORE &ASSOCIATES INC - EXHIBIT PAGE 1 �� -8- corner of said tract; thence north eighty-nine (89) degrees eight (08) minutes west thirty- five (35.0) feet, thence north two (02) degrees and fifty-eight (58) minutes west one hundred fifty-four and fifteen hundredths (154.15) feet; thence south eighty-nine (89) degrees and thirty-one (31) minutes east thirty-five (35.0) feet to the place of beginning, containing an area of twelve hundredths (0.12) of an acre. Being the same parcel of real estate conveyed to grantor in the style and name of Nickie Dianne Case, formerly known as Nickie Dianne DeLucio, by Warranty Deed dated May 29, 1982 and recorded July 20, 1982 in Deed Record 419, page 196, of the records in the office of the Recorder of Wayne County, Indiana. '_F."__.� ii a iii TRACT III A part of the Southeast Quarter of Section Seventeen (17), Township Fourteen (14) North, Range One (1) West in Wayne Township, and being more particularly described as follows: Beginning at the northwest corner of a twelve hundredths (0.12) acre tract of land (said tract conveyed to Nickie Dianne Case by Warranty Deed recorded in Deed Record 419, page 196), said northwest corner being two hundred seventy-six and fifty-four hundredths (276.54) feet south and two hundred forty-seven and sixty-four hundredths (247.64) feet north eighty-nine (89) degrees and thirty-one (31) minutes west of the northeast corner of said southeast quarter and running thence, from said beginning point, south two (02) degrees and fifty-eight (58) minutes east along the west line of said twelve hundredths (0.12) acre tract one hundred fifty-four and fifteen hundredths (154.15) feet to the southwest corner of said twelve hundredths (0.12) acre tract; thence north eighty-nine (89) degrees and eight (08) minutes west fifty (50) feet; thence north two (02) degrees and fifty-eight (58) minutes west one hundred fifty-three and eighty-two hundredths (153.82) feet; thence south eighty-nine (89) degrees and thirty-one (31) minutes east fifty (50) feet to the place of beginning, containing an area of seventeen hundredths (0.17) of an acre, more or less. Being the same parcel of real estate conveyed to grantor in the style and name of Nickie Diana Case by Warranty Deed dated December 12, 1989 and recorded August 17, 1995 as instrument #1995008134 of the records in the office of the Recorder of Wayne County, Indiana. TRACT Part of the Northeast Quarter of Section Seventeen (17), Township Fourteen (14), Range One (1) West, bounded as follows, to -wit: Beginning at the northwest corner stone nineteen and three tenths (19.3) rods east of the northwest corner of said quarter section; thence south eighty-three (83) rods, eight (8) links, more or less, to an established stone corner in the south line of the north half of said quarter section; thence east ninety-seven and eight tenths (97.8) rods to a marked stone corner in the creek; thence north eleven and one-half (11 %2) degrees west thirty-five (35) rods nine (9) links to a marked stone in the \\2000serveedocsUient R\Ross, Nidde\QUrr-CLAIM DEED Niclde to TRUST.doc BEAM-MOORE & ASSOCIATES INC - EXHIBIT PAGE OF -9- side of the creek bank; thence south eighty-seven and one-half (87 t/2) degrees west fifty- six and three -fourths (56 %) rods to J.F. Frazier's southwest corner; thence north along said J.F. Frazier's west line twenty-seven (27) rods to Richard Simms' southeast comer; thence west thirteen and nine tenths (13.9) rods to said Simms' southwest corner, thence north twenty-three (23) rods to the Simms' northwest comer; thence west twenty and one -tenth (20.1) rods to the place of beginning. Containing twenty-eight (28) acres more or less. EXCEPTING THEREFROM: part of the northeast quarter of Section Seventeen (17), Township Fourteen (14), Range One (1) West, bounded as follows, to -wit: Beginning nineteen and three -tenths (19.3) rods east of the northwest corner of said quarter section at a recorded corner stone; thence south fifty (50) rods to a marked comer stone; thence east along said grantors north line thirty-four (34) rods to J.F. Frazier's southwest comer; thence north along said Frazier's west line twenty-seven (27) rods to D.C. Christman's southeast corner; thence west thirteen and nine tenths (13.9) rods to said Christman's southwest corner; thence north twenty-three (23) rods to said Christman's northwest comer; thence west twenty and one -tenth (20.1) rods to the beginning, containing eight (8) acres, one hundred (100) square rods, and leaving in said Tract One, Twenty (20) acres, more or less. ALSO: A part of the northeast quarter of Section Seventeen (17), Township Fourteen (14) North, Range One (1) West, beginning eighty-three and sixty-four hundredths (83.64) rods north of the southwest corner of said quarter section; thence east one hundred thirteen and fifteen hundredths (113.15) rods; thence south two (2) degrees and thirty-five (35) minutes west, fifty and forty-two hundredths (50.42) rods; thence south forty-one (41) degrees and ten (10) minutes west, three hundred ten (310) feet; thence west ninety-three and seventy-nine hundredths (93.79) rods; thence north forty-three and sixty-eight hundredths (43.68) rods; thence west six (6) rods to the west line of said quarter section; thence north twenty-three and forty-six hundredths (23.46) rods to the place of beginning; containing an area of forty-two (42) acres, more or less. EXCEPTING THEREFROM: Being a part of the Northeast Quarter of Section 17, Township 14 North, Range 1 West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron pipe found in the north line of the Northeast Quarter of said Section 17, said point being 286.76 feet east of a PK Nail found at the northwest comer of said Northeast Quarter (assuming said north line runs east and west), and running thence, from said beginning point, continuing east, along the north line of said Northeast Quarter, 60.00 feet to a point; thence south 0 degrees, 07 minutes and 05 seconds west, 825.00 feet to an iron rod set; thence east, parallel to the north line of said Northeast Quarter, 281.27 feet to an iron rod set; thence south 0 degrees, 07 minutes and 05 seconds west, 314.70 feet to an iron rod set; thence north 89 degrees, 52 minutes and 55 seconds west, 101.08 feet to an \\2000servef\docs\CIient R\Ross, Nidde\QUIT-CLAIM DEED Nici ie to TRUST.doc BEAI:S-MOORE & ASSOCIATES INC - HIBIT PAGE �40F -10- iron rod set; thence south 0 degrees, 07 minutes and 05 seconds west, 287.08 feet to an iron rod set; thence north 89 degrees, 52 minutes and 55 seconds west, 240.19 feet to an iron rod set; thence north 0 degrees, 07 minutes and 05 seconds east, 1426.07 feet to the place of beginning, containing an area of 5.182 acres. SUBJECT TO: An ingress and egress easement, the right-of-way of Tingler Road, and any other easements of record. TRACT II: A part of the north half of section 17, township 14, range 1 west and bounded as follows, to -wit: Beginning at the northwest corner of said section at a stone; thence east on section line 45 chains and 27 links to a stone near the creek; thence south at 2 degrees east 20 chains and 82 links to a stone; thence west 4 chains and 80 links to a quarter section line; thence north at 2 degrees east 20 chains and 82 links to a stone; thence west 4 chains and 80 links to a quarter section line; thence north at 2 degrees west 7 chains and 48 links; thence west 40 chains and 50 links to a stone in the center of Turnpike witnessed by elm 13 inches at a 48 degrees east 140 links and sugar tree 12 inches at 38 degrees west 82 1/2 links; thence north at 2 degrees west 13 chains and 45 links to the place of beginning, containing 64.30 acres of land strict measure. EXCEPTING THEREFROM: Being a part of the northeast quarter of section 17, township 14 north, range I west in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point in the north line of said quarter, said point being 11.76 feet east of the northwest corner of said quarter and running thence east along the north line of said quarter, 275 feet; thence south, parallel to the west line of said quarter, 158.4 feet; thence west, parallel to the north line of said quarter, 275 feet; thence north, parallel to the west line of said quarter, 158.4 feet to the place of beginning, containing an area of one acre. FURTHER EXCEPTING THEREFROM: Part of the northeast quarter of section 17, township 14 north, range I west in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point in the north line of said northeast quarter of section 17, said point being 318.45 feet (19.3) rods east to the northwest corner of said quarter and being the northeast corner of land owned by Harry Martin Brown and Sarah Lucile Brown as described in Deed Record 228, page 268 in the Office of the Wayne County Recorder, Wayne County, Indiana, and running thence, from said beginning point, south, parallel to the west line of said quarter and on said Brown's east line, 1374.5 feet to said Brown's southeast corner; thence west 31.69 feet; thence north, parallel to the west line of said quarter, 1374.5 feet to the north line of said quarter; thence east, along said north line, 31.69 feet to the place of beginning, containing an area of one acre. Subject to all legal highways. FURTHER EXCEPTING FROM TRACT II: A part of the northwest quarter of Section 17, Township 14 North, Range 1 West, in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point in the west line of the northwest quarter of Section 17, \\2000servejdocs\CUcnt Moss, Nickie\QUIT-CLAIM DEED Nidde to TRUST.doc BEALS-MOOKE & ASSOCIATES INC - EXHIBIT PAGE OF -11- Township 14 North, Range 1 West, said point being 514.75 feet south of the Northwest corner of said quarter, and running thence south along the west line of said quarter (assuming said west line runs north and south), 208.72 feet; thence south 89 degrees and 4 minutes east 208.72 feet; thence north 208.72 feet; thence north 89 degrees and four minutes west, 208.72 feet to the place of beginning, containing an area of one acre, more or less. TRACT III: Part of the northwest quarter of section 17, township 14, range 1 west, Beginning 53.8 rods south of the northwest corner of said quarter section; thence east 160 rods to the east line of said quarter; thence south on said quarter section line 53.42 rods to a stone; thence west 160.92 rods to the west line of said section at a stone; thence north on said section line 53.6 rods to the place of beginning, containing 54 acres, more or less. EXCEPTING THEREFROM: Being a part of the northwest comer of section 17, township 14 north, range 1 west, in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron rod on the west line of the northwest quarter of section 17, said iron rod being 923.91 feet south of an iron rod at the northwest corner of said northwest quarter, and running thence, from said beginning point, east, assuming the west line of said northwest quarter to run north and south, a distance of 297 feet to an iron pipe; thence south, parallel to the west line of said northwest quarter 440 feet to an iron pipe; thence west, 297 feet to an iron rod on the west line of said northwest quarter, thence north, along said west line, 440 feet to the place of beginning, containing an area of 3 acres, more or less. Subject to the right of way of all legal highways and easements of record. FURTHER EXCEPTING FROM TRACTS II AND III: The following described real estate: Being a part of the northwest quarter of section 17, township 14 north, range 1 west, in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron rod on the west line of the northwest quarter of section 17, said iron rod being 923.91 feet south of an iron rod at the northwest corner of said northwest quarter, and running thence, from said beginning point, east, assuming the west line of said northwest quarter to run north and south, a distance of 217.32 feet; thence north, parallel to the west line of said northwest quarter, 200.44 feet; thence west, 217.32 feet to an iron rod on the west line of said northwest quarter; thence south along said west line, 200.44 feet to the place of beginning, containing an area of one acre, more or less. SUBJECT TO: the right of way of all legal highways and easements of record. FURTHER EXCEPTING FROM TRACTS II & III: Part of the Northeast Quarter of Section 17, Township 14 North, Range 1 West, in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a I inch solid iron rod, said rod being 286.76 feet east, along the north line of said quarter, and 1374.5 feet south, parallel to the west line of said quarter from the \\2000smer\dmUient R\Ross, Nidde\QUIT-CLAIM DEED Nid de to TRUSTAM 13EAI:S-M06ft & ASSOCIATES INC - JEXHIBIT A PAGE '.. OF -12- northwest corner of said quarter, and running thence, from said beginning point north, parallel to the west line of said quarter, 603.48 feet; thence south 84 degrees and 40 minutes west 288 feet to west line of said quarter; thence south on said west line 575.30 feet to a stone; thence eastwardly 286.76 feet to the place of beginning, containing an area of 3.89 acres. Subject to all easements of record. TRACT IV: Being a part of the Northeast Quarter of Section 17, Township 14 North, Range 1 West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point, said point being 283.81 feet north 89 degrees, 56 minutes and 25 seconds east and 1398.84 feet south 0 degrees, 07 minutes and 05 seconds west, parallel to the west line of the Northeast Quarter, of an iron rod found at the northwest corner of the Northeast Quarter of said section 17, and running thence, from said beginning point, south 89 degrees, 52 minutes and 55 seconds east, 240.19 feet to an iron rod set; thence south 0 degrees, 07 minutes and 05 seconds west, parallel to the west line of said Northeast Quarter, 26.84 feet to an iron rod found; thence north 89 degrees, 52 minutes and 55 seconds west, 240.19 feet to an iron rod found; thence north 0 degrees, 07 minutes and 05 seconds east, parallel to said west line 26.84 feet to the place of beginning, containing an area of 0.148 acres. SUBJECT TO: Any easements of record. Parcel Nos. 46-17-200-209.00-16, 46-17-200-214.000-16 and 46-17-000-101.000-15 A part of the Northwest Quarter of Section 16, Township 14, Range 1 West, bounded and described as follows, to -wit: Beginning on the section line 618 feet west of the northeast corner of said quarter section; thence south 563 feet; thence east 618 feet; thence south 551.74 feet; thence west 1,562.88 feet; thence north 551.74 feet; thence east 613.5 feet; thence north 563 feet; thence east 331.38 feet to the place of beginning. EXCEPT the following tract conveyed by Corvin R. Miller and Olive I. Miller, husband and wife to Corvin Ray Miller, Jr. and Elizabeth L. Miller, husband and wife, by Warranty Deed dated and acknowledged October 25, 1946, and recorded October 25, 1946, in Deed Record 216, page 45, to -wit: A part of the Northwest Quarter of Section 16, Township 14, Range 1 West, bounded and described as follows, to -wit: Beginning at a point 949.38 feet west of the northeast corner of said northwest quarter section; running thence east 77 feet; thence south 210 feet; thence west 77 feet; thence north 210 feet to the place of beginning. ALSO EXCEPT the following tract conveyed by Corvin R. Miller and Olive I. Miller, husband and wife, to Corvin Ray Miller, Jr. and Elizabeth L. Miller, husband and wife, by V2000serveeJocs\C6ent Mon, Nici ie\QUIT-CLAIM DEED Niclde to TRUST.doc BEAMTAOO$E & ASSOCIATES INC - EXHIBIT � - - PAGE OF / O -13- Warranty Deed dated and acknowledged August 25, 1948, recorded November 3, 1948, in Deed Record 227, page 7, to -wit: A part of the Northwest Quarter of Section 16, Township 14, Range I West, bounded and described as follows, to -wit: Beginning at a point 872.38 feet west of the northeast corner of said northwest quarter section, said point of beginning being the northeast corner of a tract of land previously conveyed by said grantors to said grantees by deed recorded in Deed Record 216, page 45 of the records of Wayne County, Indiana, running thence east 77 feet; thence south 210 feet; thence west 77 feet; thence north 210 feet to the place of beginning. ALSO: Part of the Northwest Quarter of Section Sixteen (16), Township Fourteen (14) North, Range One (1) West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point in the north line of the Northwest Quarter of Section Sixteen (16) at the northeast corner of land now owned by Philip H. and Sarah Belle Sprowl as described in Deed Record 296, page 79 in the office of the Wayne County Recorder, Wayne County, Indiana, said point being seven hundred ninety-five and thirty-eight hundredths (795.38) feet West of the northeast corner of said quarter, and running thence South on said Sprowl's east line and the west line of land owned by Corvin R. and Olive I. Miller, two hundred ten (210) feet to said Sprowl's southeast comer; thence West, parallel to the north line of said Quarter, six and five -tenths (6.5) feet; thence North two hundred ten (210) feet to the north line of said quarter; thence East, on said north line, six and five -tenths (6.5) feet to the place of beginning, containing an area of thirty-one thousandths (0.031) acres. EXCEPTING: Being a part of the Northwest Quarter of Section 16, Township 14 North, Range 1 West in Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron rod set in the north line of the Northwest Quarter of said Section 16, said point being 668.00 feet west of a copperweld monument found at the northeast corner of said Northwest Quarter, (assuming the said north line runs east and west), and running thence, from said beginning point, south 0 degrees, 01 minutes and 20 seconds west, 430.88 feet to an iron pipe set; thence west, parallel to the said north line, 127.38 feet to an iron pipe set; thence north 0 degrees, 01 minutes and 20 seconds east, 430.88 feet to a point, witness an iron railroad spike found 0.22 feet east of true property corner in the north line of said Northwest Quarter; thence east, along the said north line, 127.38 feet to the place of beginning, containing an area of 1.260 acres. SUBJECT TO: The right-of-way of Chester Road, and any easements of record. (Common address East Chester Road, Richmond, Indiana.) Parcel No. 46-16-100-137.000-16 \\2000seveNms\C1ieW R\Ross, Nidde\QUIT-CLAIM DEED Nidde to TRUST.doc BEALS-MOOR & ASSOCIATES INC - EXHIBIT PAGE +OF 4 -14- The undersigned hereby represents that, to the undersigned's knowledge and belief, this real estate is not "property" as defined in Indiana Code 13-11-2-174, and that no disclosure statement under Indiana Code 13-25-3, et seq., is required for this transaction. TAX MAILING ADDRESS OF GRANTEE: 3630 Chester Boulevard, Richmond, IN 47374. ADDRESS OF GRANTEE: 3630 Chester Boulevard, Richmond, IN 47374. IN WITNESS WHEREOF, The said Nickie D. Ross, has hereunto set her hand and seal this 27th day of August, 2008. State of Indiana, Wayne County, SS: Before me, the undersigned Notary Public in and for Wayne County, Indiana, this 27th day of August, 2008, came Nickie D. Ross, and acknowledged the execution of the foregoing deed. Witness my hand and official seal. VC-4— A - �L_ Robert G. Cook, Notary Public County of Residence: Wayne Expires: This instrument prepared by Robert G. Cook, Attorney -at -Law, Winchester, Indiana. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Robert G. Cook RECORDED-_ AUG 2 8 2008 DEBORAH RESH, R.W.G. \\2000serverW=\CIiew R\Ross, Nickic%QUIT-CLAIM DEED Nickie to TRUST.doc