Case 7-A-16 TO WHOM IT MAY CONCERN: Notice is hereby given the Kokomo City Plan Commission will hold a public hearing on Tuesday, June 14, 2016, at 7:00 p.m. in the Neal Council Chamber in Kokomo City Hall, 100 South Union Street, Kokomo, Indiana. A portion of the agenda is as follows: Case 7-A-16: The petition of Austin Williams, Kokomo Solar 1 LLC, requesting a Development Plan Approval for Inovateus Solar Development Plan for property described as: PART OF THE NORTHEAST QUARTER OF SECTION 2 AND PART OF THE NORTHWEST QUARTER OF SECTION I , ALL IN TOWNSHIP 23 NORTH, RANGE 3 EAST; LOTS 2 THROUGH 23 INCLUSIVE, VACATED LINDSAY STREET AND PART OF VACATED FOSTER STREET, PART OF A VACATED 13 FOOT ALLEY, ALL BEING IN W.H. TURNER'S ADDITION THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 3, PAGE 92; LOTS 7 THROUGH 24 INCLUSIVE AND VACATED VIRGINIA AVENUE, ALL BEING IN J.R. HALL'S HIGHLAND PARK ADDITION THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2, PAGE 87; LOTS 1 THROUGH 4 INCLUSIVE IN BUTLER & SITES ADDITION THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2, PAGE 0106; LOTS 25 THROUGH 38 INCLUSIVE, VACATED SHORT STREET, PART OF VACATED FACTORY STREET AND VACATED 12 FOOT ALLEYS ALL BEING IN HALL'S HIGHLAND PARK ADDITION THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2, PAGE 117; ALL BEING IN CENTER TOWNSHIP, HOWARD COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 23 NORTH, RANGE 3 EAST, SAID POINT BEING MARKED BY AN EXISTING MAG SPIKE; THENCE SOUTH 00^ 00' 36" WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 1 A DISTANCE OF 35.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF MARKLAND AVENUE, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 89^ 47' 07" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY OF SAID MARKLAND AVENUE A DISTANCE OF 852.60 FEET TO THE NORTHEAST CORNER OF LOT 2 IN W.H. TURNER'S ADDITION, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 3, PAGE 92 IN THE OFFICE OF THE RECORDER OF HOWARD COUNTY, INDIANA; THENCE SOUTH 00^ 01' 22" EAST ALONG THE EAST LINE OF SAID LOT 2 IN W.H. TURNER'S ADDITION A DISTANCE OF 132.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2 BEING ON THE NORTH LINE OF A 13 FOOT EAST-WEST PLATTED ALLEY; THENCE SOUTH 89^ 47' 07" WEST ALONG THE NORTH LINE OF SAID 13 FOOT ALLEY A DISTANCE OF 87.00 FEET TO A POINT ON THE WEST LINE EXTENDED NORTH OF A NORTH-SOUTH 122 FOOT PLATTED ALLEY IN SAID W.H. TURNER'S ADDITION; THENCE SOUTH 00^ 01' 22" EAST ALONG THE WEST LINE OF SAID 12 FOOT PLATTED ALLEY A DISTANCE OF 468.00 FEET TO A POINT IN THE CENTERLINE OF VACATED FOSTER STREET IN SAID W.H. TURNER'S ADDITION; THENCE NORTH 89^ 47' 07" EAST ALONG SAID CENTERLINE OF SAID VACATED FOSTER STREET A DISTANCE OF 137.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF LE.EDS STREET IN SAID W.H. TURNER'S ADDITION; THENCE SOUTH 00^ 01' 22" EAST ALONG THE WESTERLY RIGHT-OF-WAY OF SAID LEEDS STREET A DISTANCE OF 505.84 FEET TO A POINT ON THE SOUTH LINE OF FLOAT SECTION 6, SAID POINT ALSO BEING ON THE NORTH LINE OF LOT 4 IN BUTLER & SITES ADDITION; THENCE SOUTH 89^ 43' 05" EAST ALONG THE SOUTH LINE OF SAID FLOAT SECTION 6 AND NORTH LINE OF SAID LOT 4 IN BUTLER AND SITES ADDITION A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 4 BEING ON THE WEST LINE OF LEEDS STREET (PLATTED AS HILTON STREET) IN J.R. HALL'S HIGHLAND PARK ADDITION AND HALL'S HIGHLAND PARK ADDITION; THENCE SOUTH 00^ 01' 22" EAST ALONG THE WEST LINE OF SAID LEEDS STREET A DISTANCE OF 382.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF STATE STREET AS PLATTED IN HALLS HIGHLAND PARK ADDITION; THENCE NORTH 89^ 43' 05" WEST ALONG SAID NORTH RIGHT-OF-WAY OF SAID STATE STREET A DISTANCE OF 382.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF LINDSAY STREET (SHORT STREET PER HALLS HIGHLAND PARK ADDITION); THENCE SOUTH 00^ 01' 22" EAST ALONG THE EAST RIGHT-OF-WAY OF SAID LINDSAY STREET A DISTANCE OF 270.06 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FACTORY STREET AS PLATTED IN HALLS HIGHLAND PARK ADDITION; THENCE NORTH 71^ 13' 27" WEST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID FACTORY STREET A DISTANCE OF 28.85 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS NORTH 18^ 46' 33" EAST A DISTANCE OF 607.81 FEET; THENCE NORTHWESTERLY ALONG THE CURVED SOUTHERLY RIGHT-OF-WAY OF SAID FACTORY STREET AN ARC DISTANCE OF 313.52 FEET TO A POINT ON THE SOUTH LINE OF LOT 23 IN SAID HALLS HIGHLAND PARK ADDITION, THE RADIUS FROM SAID POINT BEARING NORTH 48^ 19' 49" EAST A DISTANCE OF 607.81 FEET; THENCE NORTH 82^ 34' 14" WEST ALONG THE SOUTH LINE OF LOTS 23, 22, AND 21 IN SAID HALLS HIGHLAND PARK ADDITION A DISTANCE OF 159.20 FEET TO THE SOUTHWEST CORNER OF SAID LOT 21; THENCE SOUTH 00^ 00' 36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 21 EXTENDED SOUTH A DISTANCE OF 106.48 FEET TO THE CENTERLINE OF KOKOMO CREEK; THENCE SOUTH 86^ 06' 36" WEST ALONG THE CENTERLINE OF SAID KOKOMO CREEK A DISTANCE OF 88.20 FEET TO A POINT OF THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1; THENCE SOUTH 00^ 00' 36" WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 A DISTANCE OF 146.71 FEET TO THE NORTH CORNER OF A PARCEL OF GROUND CONVEYED TO PUBLIC SERVICE CO. OF INDIANA BY DEED RECORD 205, PAGE 72 IN THE OFFICE OF THE RECORDER OF HOWARD COUNTY, INDIANA, SAID POINT BEING ON A NON-TANGENT CURVE, THE RADIUS OF WHICH BEARS SOUTH 30^ 55' 41" EAST A DISTANCE OF 499.00 FEET; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY CURVED LINE OF SAID DEED RECORD 205, PAGE 72, AN ARC DISTANCE OF 77.71 FEET TO A POINT FROM WHICH THE RADIUS BEARS SOUTH 39^ 51' 02" EAST A DISTANCE OF 499.00 FEET; THENCE SOUTH 50^ 11' 36" WEST ALONG THE NORTHWESTERLY LINE OF SAID DEED RECORD 205, PAGE 72 A DISTANCE OF 340.40 FEET; THENCE SOUTH 49^ 18' 36" WEST ALONG THE NORTHWESTERLY LINE OF SAID DEED RECORD 205, PAGE 72 A DISTANCE OF 16.36 FEET TO THE NORTHEAST CORNER OF A PARCEL OF GROUND CONVEYED TO THE CITY OF KOKOMO BY DEED RECORD 258, PAGE 0251 IN THE OFFICE OF THE RECORDER OF HOWARD COUNTY, INDIANA; THENCE NORTH 46^ 22' 34" WEST ALONG THE NORTHERLY BOUNDARY OF SAID CITY OF KOKOMO PARCEL A DISTANCE OF 34.02 FEET; THENCE NORTH 83^ 36' 28" WEST ALONG THE NORTHERLY BOUNDARY OF SAID CITY OF KOKOMO PARCEL A DISTANCE OF 282.63 FEET TO A POINT ON THE EASTERLY BOUNDARY OF LOT 4 AS RECORDED IN PLAT BOOK 2, PAGE 239, IN THE OFFICE OF THE RECORDER, HOWARD COUNTY, INDIANA; THENCE NORTH 10^ 00' 00" EAST ALONG THE EASTERLY BOUNDARY OF SAID LOT 4 A DISTANCE OF 59.40 FEET; THENCE NORTH 10^ 45' 00" WEST ALONG THE EASTERLY BOUNDARY OF SAID LOT 4 A DISTANCE OF 112.00 FEET TO THE CENTERLINE OF KOKOMO CREEK; THENCE SOUTH 71^ 28' 13" WEST ALONG THE CENTERLINE OF KOKOMO CREEK A DISTANCE OF 400.49 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE FORMER INDIANA RAILWAY & LIGHT CO. RAILROAD, SAID POINT BEING ON A CURVE THE RADIUS OF WHICH BEARS NORTH 68^ 08' 26" WEST A DISTANCE OF 1021.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVED RAILROAD RIGHT-OF-WAY AN ARC DISTANCE OF 104.47 FEET TO A POINT THE RADIUS OF WHICH BEARS NORTH 62^ 16' 41" WEST A DISTANCE OF 1021.00 FEET, SAID POINT BEING ON THE NORTH LINE OF A PARCEL CONVEYED TO GENTRY REAL ESTATE, LLC BY A WARRANTY DEED RECORDED IN DEED RECORD 258, PAGE 4329 IN THE OFFICE OF THE RECORDER OF HOWARD COUNTY, INDIANA, SAID LINE BEING DEFINED IN A LEGAL SURVEY PERFORMED BY JON PIKE (L.S. 20000222) RECORDED IN INSTRUMENT NO. 0834001517 IN THE OFFICE OF THE RECORDER, HOWARD COUNTY, INDIANA; THENCE SOUTH 89^ 40' 46" WEST ALONG THE NORTH LINE OF SAID GENTRY DEED AND SAID LEGAL SURVEY A DISTANCE OF 236.88 FEET TO THE SOUTHEAST COMER OF A PARCEL OF GROUND CONVEYED TO THE CITY OF KOKOMO BY AN EXECUTOR'S DEED RECORDED IN DEED RECORD 227, PAGE 1196 IN THE OFFICE OF THE RECORDER, HOWARD COUNTY, INDIANA; THENCE NORTH 00^ 19' 14" WEST ALONG THE EAST LINE OF SAID DEED RECORD 227, PAGE 1196 A DISTANCE OF 115.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89^ 40' 46" WEST ALONG THE NORTH LINE OF SAID DEED RECORD 227, PAGE 1196 A DISTANCE OF 112.36 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF PARK AVENUE, SAID POINT BEING ON A CURVE THE RADIUS OF WHICH BEARS SOUTH 53^ 12' 58" EAST A DISTANCE OF 533.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVED EASTERLY RIGHT-OF-WAY OF PARK AVENUE AN ARC DISTANCE OF 113.65 FEET TO THE POINT OF REVERSE CURVATURE OF SAID RIGHT-OF-WAY, THE RADIUS OF SAID CURVE GOING FORWARD BEARING NORTH 40^ 59' 57" WEST A DISTANCE OF 1472.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVED EASTERLY RIGHT-OF-WAY OF PARK AVENUE AN ARC DISTANCE OF 976.60 FEET TO THE POINT OF TANGENCY, THE RADIUS OF SAID POINT BEARING NORTH 78^ 59' 57" WEST A DISTANCE OF 1472.50 FEET; THENCE NORTH 11^ 00' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF SAID PARK AVENUE A DISTANCE OF 1067.21 FEET TO A POINT ON THE SOUTHERLY 40 FOOT RIGHT-OF-WAY OF MARKLAND AVENUE; THENCE NORTH 89^ 41' 03" SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY OF SAID MARKLAND AVENUE A DISTANCE OF 666.72 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE NORTH 00^ 00' 36" EAST ALONG SAID EAST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 2 A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. BEING A PART OF THE NORTHEAST QUARTER OF SECTION 2 AND PART OF THE NORTHWEST QUARTER OF SECTION 1, ALL IN TOWNSHIP 23 NORTH, RANGE 3 EAST; LOTS 2 THROUGH 23 INCLUSIVE, VACATED LINDSAY STREET AND PART OF VACATED FOSTER STREET, PART OF A VACATED 13' ALLEY, ALL BEING IN W.H. TURNER'S ADDITION THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 3, PAGE 92; LOTS 7 THROUGH 24 INCLUSIVE AND VACATED VIRGINIA AVENUE, ALL BEING IN J.R. HALL'S HIGHLAND PARK ADDITION THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2, PAGE 87; LOTS 1 THROUGH 4 INCLUSIVE IN BUTLER & SITES ADDITION THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2, PAGE 106; LOTS 25 THROUGH 38 INCLUSIVE, VACATED SHORT STREET, PART OF VACATED FACTORY STREET AND VACATED 12 FOOT ALLEYS ALL BEING IN HALL'S HIGHLAND PARK ADDITION, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 2, PAGE 117; ALL BEING IN CENTER TOWNSHIP, HOWARD COUNTY, INDIANA, CONTAINING 31.19 ACRES, MORE OR LESS, IN SECTION 1 AND 41.734 ACRES, MORE OR LESS, IN SECTION 2, FOR A TOTAL OF 72.924 ACRES, MORE OR LESS. PARCEL 2: PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 3 EAST, CENTER TOWNSHIP, HOWARD COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 3 EAST, SAID POINT BEING MARKED BY AN EXISTING MAG SPIKE; THENCE SOUTH 89^ 41' 03" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 486.22 FEET TO THE CENTERLINE OF OLD PARK AVENUE (FORMERLY THE KOKOMO AND NEW LONDON GRAVEL ROAD), SAID POINT BEING MARKED BY AN EXISTING MAG NAIL FOUND OVER A BRASS PIN; THENCE CONTINUING SOUTH 89^ 41' 03" WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 262.30 FEET; THENCE SOUTH 00^ 18' 57" EAST A DISTANCE OF 40.00 FEET TO THE INTERSECTION THE SOUTHERLY RIGHT-OF-WAY OF MARKLAND AVENUE WITH THE WESTERLY RIGHT-OF^WAY OF PARK AVENUE, SAID POINT BEING THE NORTHWEST CORNER OF A PARCEL OF GROUND CONVEYED TO THE CITY OF KOKOMO BY A WARRANTY DEED RECORDED IN DEED RECORD 227, PAGE 2229 IN THE OFFICE OF THE RECORDER, HOWARD COUNTY, INDIANA, AND BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 11^ 00' 03" WEST ALONG SAID WESTERLY RIGHT-OF-WAY OF SAID PARK AVENUE AND NORTHWESTERLY LINE OF SAID CITY OF KOKOMO DEED A DISTANCE OF 651.20 FEET TO THE NORTHEAST CORNER OF TRACT 1 CONVEYED TO THE CITY OF KOKOMO, INDIANA BY A CORPORATE WARRANTY DEED RECORDED IN DEED BOOK 237, PAGE 15; THENCE ALONG THE BOUNDARY LINES OF SAID TRACT 1 THE FOLLOWING 5 COURSES: 1) NORTH 78^ 59' 57" WEST A DISTANCE OF 121.00 FEET TO THE NORTHWEST CORNER THEREOF; 2) THENCE SOUTH 11^ 00' 03" WEST A DISTANCE OF 450.00 FEET TO THE SOUTHWEST CORNER THEREOF; 3) THENCE SOUTH 78^ 59' 57" EAST A DISTANCE OF 80.00 FEET; 4) THENCE NORTH 11^ 00' 03" EAST A DISTANCE OF 82.00 FEET; 5) THENCE SOUTH 78^ 59' 57" EAST A DISTANCE OF 41.00 FEET TO THE SOUTHEAST CORNER THEREOF, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF SAID PARK AVENUE; THENCE SOUTH 11^ 00' 03" WEST ALONG SAID WESTERLY RIGHT-OF-WAY OF SAID PARK-AVENUE A DISTANCE OF 32.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS NORTH 78^ 59' 57" WEST A DISTANCE OF 1392.50 FEET; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY AND SAID CURVE AN ARC DISTANCE OF 761.11 FEET TO A POINT FROM WHICH THE RADIUS BEARS NORTH 47^ 40' 57" WEST A DISTANCE OF 1392.50 FEET, SAID POINT BEING ON THE WEST LINE OF A PARCEL OF GROUND CONVEYED TO CONTINENTAL STEEL CORPORATION BY A WARRANTY DEED RECORDED IN DEED RECORD 229, PAGE 2087 IN THE OFFICE OF THE RECORDER, HOWARD COUNTY, INDIANA; THENCE NORTH 10^ 53' 15" WEST ALONG THE WEST LINE OF SAID CONTINENTAL STEEL DEED A DISTANCE OF 198.64 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF LOT NUMBER 4 AS RECORDED IN PLAT BOOK 2, PAGE 239 IN THE OFFICE OF THE RECORDER OF HOWARD COUNTY, INDIANA; THENCE NORTH 35^ 15' 00" EAST ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT NUMBER 4 AND LOT NUMBER 5 IN SAID PLAT BOOK 2, PAGE 239, A DISTANCE OF 520.10 FEET TO THE NORTHWEST CORNER OF SAID LOT NUMBER 5, SAID POINT BEING ON THE SOUTH LINE OF FLOAT SECTION 6; THENCE NORTH 89^ 43' 05" WEST A DISTANCE OF 121.52 FEET TO THE EASTERLY BOUNDARY OF THE KOKOMO SEWAGE TREATMENT PLANT PROPERTY, AS RECORDED IN MISC. RECORD 27, PAGE 172 IN THE OFFICE OF THE RECORDER OF HOWARD COUNTY, INDIANA; THENCE ALONG THE EASTERLY BOUNDARY OF SAID KOKOMO SEWAGE TREATMENT PLANT PROPERTY THE FOLLOWING 4 COURSES: 1) NORTH 12^ 58' 35" SECONDS EAST MEANDERING THE LOW WATER MARK ON THE WEST SIDE OF WILDCAT CREEK A DISTANCE OF 448.27 FEET; 2) THENCE NORTH 13^ 27' 13" EAST MEANDERING THE LOW WATER MARK ON THE WEST SIDE OF WILDCAT CREEK A DISTANCE OF 457.95 FEET; 3) THENCE SOUTH 89^ 41' 03" WEST A DISTANCE OF 168.42 FEET; 4) THENCE NORTH 00^ 18' 57" WEST A DISTANCE OF 200.00 FEET TO THE SOUTHERLY RIGHT-OF WAY OF SAID MARKLAND AVENUE; THENCE NORTH 89^ 41' 03" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY OF SAID MARKLAND AVENUE A DISTANCE OF 359.04 FEET TO THE POINT OF BEGINNING. BEING A PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 3 EAST, CENTER TOWNSHIP, HOWARD COUNTY, INDIANA, CONTAINING 5.602 ACRES, MORE OR LESS, Center Township, Kokomo, Howard County, Indiana, at 1201 West Markland Avenue. At said time and place, all interested persons may be heard. Tuesday, June 14, 2016 7:00 p.m. KOKOMO CITY PLAN COMMISSION KOKOMO, INDIANA K-444 June 3 hspaxlp
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