Utility Easement (Rensink Petition) (FIRST READING & PUBLIC HEARING)

ZIONSVILLE TOWN COUNCIL MEETING AGENDA FOR Monday December 02, 2019 at 7:00PM Zionsville Town Hall Council Chamber 1100 West Oak Street

1. OPENING

A. CALL MEETING TO ORDER

B. PLEDGE OF ALLEGIANCE

2. APPROVAL OF THE MEMORANDUM OF THE November 04, 2019 REGULAR MEETING (Copy Posted).

Documents:

2019-12-02_TC_MEETING_NOVEMBER_04_2019_TOWN_COUNCIL_MEMORANDA.PDF

3. DEPARTMENTAL MONTHLY REPORTS Reports are submitted by the Town management staff for Council review and posted on the Town’s website (WWW.ZIONSVILLE-IN.GOV).

4. SWEARING IN OF NEW TOWN COUNCILOR CRAIG MELTON – Mayor Haak.

5. REQUEST TO SPEAK

6. OLD BUSINESS - None

7. NEW BUSINESS

A. Consideration Of A Re-Appropriation Resolution (Year-End Budget Rectification).

Documents:

2019-12-02_TC_MEETING_RE-APPROPRIATION.PDF

B. Consideration Of An Additional Appropriation Resolution ($369,408.42 – Plan Commission Engineering Pass-Through. Year-End Rectification). (PUBLIC HEARING)

Documents:

2019-12-02_TC_MEETING_ADDITIONAL_APPROPRIATION-DECEMBER.PDF

C. Consideration Of An Ordinance To Vacate A Platted Utility Easement (Rensink Petition) (FIRST READING & PUBLIC HEARING)

Documents:

2019-12-02_TC_MEETING_PLATTED_EASEMENT_VACATION.PDF

D. Consideration Of A Resolution To Amend The Statement Of Benefits For Group 1001 Indiana Holdings, LLC (Former Lids Property).

Documents:

2019-12- 02_TC_MEETING_RESOLUTION_AMENDING_STATEMENT_OF_BENEFITS.PDF

E. Consideration Of A Resolution Approving Certain Matters In Connection With The Establishment Of The Holliday Farms Economic Development Area.

Documents:

2019-12-02_TC_MEETING_HOLLIDAY_FARMS- PLAN_COMMISSION_RESOLUTION_APPROVING_DECLARATORY_RESOLUTION_ (SIGNED)(15339593.1).PDF 2019-12-02_TC_MEETING_HOLLIDAY_FARMS- TOWN_COUNCIL_RESOLUTION_APPROVING_DECLARATORY_RESOLUTION_AND_EDP (15339334.1).PDF 2019-12-02_TC_MEETING_HOLLIDAY_FARMS_TIF_FAQ_PACKET.PDF

8. OTHER MATTERS

9. APPROVAL OF CLAIMS

10. ADJOURN The next regular Town Council meeting is scheduled for Monday December 16, 2019 @ 7:30 AM in the Zionsville Town Hall Council Chamber. ZIONSVILLE TOWN COUNCIL MEETING AGENDA FOR Monday December 02, 2019 at 7:00PM Zionsville Town Hall Council Chamber 1100 West Oak Street

1. OPENING

A. CALL MEETING TO ORDER

B. PLEDGE OF ALLEGIANCE

2. APPROVAL OF THE MEMORANDUM OF THE November 04, 2019 REGULAR MEETING (Copy Posted).

Documents:

2019-12-02_TC_MEETING_NOVEMBER_04_2019_TOWN_COUNCIL_MEMORANDA.PDF

3. DEPARTMENTAL MONTHLY REPORTS Reports are submitted by the Town management staff for Council review and posted on the Town’s website (WWW.ZIONSVILLE-IN.GOV).

4. SWEARING IN OF NEW TOWN COUNCILOR CRAIG MELTON – Mayor Haak.

5. REQUEST TO SPEAK

6. OLD BUSINESS - None

7. NEW BUSINESS

A. Consideration Of A Re-Appropriation Resolution (Year-End Budget Rectification).

Documents:

2019-12-02_TC_MEETING_RE-APPROPRIATION.PDF

B. Consideration Of An Additional Appropriation Resolution ($369,408.42 – Plan Commission Engineering Pass-Through. Year-End Rectification). (PUBLIC HEARING)

Documents:

2019-12-02_TC_MEETING_ADDITIONAL_APPROPRIATION-DECEMBER.PDF

C. Consideration Of An Ordinance To Vacate A Platted Utility Easement (Rensink Petition) (FIRST READING & PUBLIC HEARING)

Documents:

2019-12-02_TC_MEETING_PLATTED_EASEMENT_VACATION.PDF

D. Consideration Of A Resolution To Amend The Statement Of Benefits For Group 1001 Indiana Holdings, LLC (Former Lids Property).

Documents:

2019-12- 02_TC_MEETING_RESOLUTION_AMENDING_STATEMENT_OF_BENEFITS.PDF

E. Consideration Of A Resolution Approving Certain Matters In Connection With The Establishment Of The Holliday Farms Economic Development Area.

Documents:

8. OTHER MATTERS

9. APPROVAL OF CLAIMS

10. ADJOURN The next regular Town Council meeting is scheduled for Monday December 16, 2019 @ 7:30 AM in the Zionsville Town Hall Council Chamber.

ZIONSVILLE TOWN COUNCIL MEETING MEMORANDA FOR Monday November 04, 2019 at 7:00 PM Zionsville Town Hall Council Chamber 1100 West Oak Street

Date of Preparation: November 16, 2019 Members Present: Josh Garrett, President; Bryan Traylor, Vice-President; Elizabeth Hopper, Jason Plunkett, Kevin Spees and Susanna Suarez Note: Councilor Schuler resigned from the Zionsville Town Council effective October 30, 2019 Also Present: Tim Haak, Mayor; Ed Mitro, Deputy Mayor; Heather Willey, Town Attorney; Amy Lacy, Director of Finance & Records, and Town Department Staff.

1. OPENING A. Call meeting to order B. Pledge of Allegiance

2. APPROVAL OF THE MEMORANDUM OF THE OCTOBER 21, 2019 REGULAR MEETING (copy posted). COUNCIL ACTION: President Garrett moved to approve the Memoranda of the October 21, 2019 Town Council Meeting. Vice-President Traylor seconded the motion. The Memoranda of the October 21, 2019 meeting was approved by a vote of six in favor, zero opposed.

3. DEPARTMENTAL MONTHLY REPORTS – Reports are submitted by the Town Management staff for Council review and posted on the Town website (www.zionsville-in.gov). Vice-President Traylor questioned Street and Stormwater Superintendent Lance Lantz regarding the expected completion date of the Zionsville Road project, citing conflicting information circulating within the community. Superintendent Lantz explained the road would be opened in December 2019, with 99% of the project complete. The remaining work would be complete in the spring of 2020.

4. SWEARING IN NEW POLICE OFFICER At the request of Chief Knox, Mayor Haak administered the Oath of Office to new police officer Dakota Foote.

5. REQUEST TO SPEAK There were no requests to speak.

6. OLD BUSINESS A. Consideration of the 2020 Salary Ordinance for the Town of Zionsville (SECOND READING/VOTE). ORDINANCE #2019-23 Deputy Mayor Mitro briefly reviewed the ordinance. COUNCIL ACTION: Councilor Suarez moved to adopt Ordinance #2019-23. Councilor Plunkett seconded the motion. Ordinance #2019-23 was adopted on final reading by a vote of six in favor, zero opposed.

7. NEW BUSINESS A. Consideration of an Ordinance to vacate a portion of a platted alley (Gorgievski petition) (FIRST READING). (PUBLIC HEARING) ORDINANCE #2019-24 Deputy Mayor Mitro introduced the ordinance and answered questions from the Council. With Proof of Publication for a Public Hearing noted, President Garrett opened the Public Hearing for comment. With no public comment, President Garrett closed the Public Hearing. COUNCIL ACTION: Councilor Hopper moved to introduce Ordinance #2019-24 on first reading. President Garrett seconded the motion. The motion passed with a vote of six in favor, zero opposed. President Garrett moved to suspend the rules. Vice-President Traylor seconded the motion. The motion passed with a vote of six in favor, zero opposed. . President Garrett moved to adopt Ordinance #2019-24 on final reading. Councilor Hopper seconded the motion. Ordinance #2019-24 was adopted by a vote of six in favor, zero opposed.

B. Consideration of an Ordinance to rezone approximately 1.5 acres from the Rural (PB) Professional Business Zoning District to the Rural (GB) General Business Classification (SECOND READING/VOTE). ORDINANCE #2019-25 Director of Planning and Economic Development Wayne DeLong presented the ordinance and gave a brief review. Matt Price, attorney for the petitioner, answered questions from the Council. COUNCIL ACTION: Councilor Suarez moved to adopt Ordinance #2019-25. Vice-President Traylor seconded the motion. Ordinance #2019-25 was adopted on final reading by a vote of six in favor, zero opposed.

C. Consideration of Modification to the Commitments tied to Boone County Ordinance #2008-13. Director of Planning and Economic Development Wayne DeLong explained the proposed modifications, stating that it came to the Council with a vote of six in favor, one opposed from the Planning Commission. He answered questions from the Council. COUNCIL ACTION: Vice-President Traylor moved to approve the modifications to the commitments. Councilor Suarez seconded the motion. The Modification to the Commitments of the Boone County Ordinance #2008-13 were approved by a vote of six in favor, zero opposed.

8. OTHER MATTERS There were no other matters to discuss.

9. APPROVAL OF CLAIMS COUNCIL ACTION: President Garrett moved to approve claims as presented. Councilor Plunkett seconded the motion. Claims were approved by a vote of six in favor, zero opposed.

10. ADJOURN COUNCIL ACTION: President Garrett moved to adjourn the meeting. Vice-President Traylor seconded the motion. The motion was approved by a vote of six in favor, zero opposed.

The next regular Town Council meeting is scheduled for Monday November 18, 2019 @ 7:30 AM in the Zionsville Town Hall Council Chamber.

Respectfully Submitted,

Amelia Anne Lacy, A. Director Lacy Department of Finance & Records Town of Zionsville

RESOLUTION 2019- A RESOLUTION RE-APPROPRIATING FUNDS DATE: December 02, 2019

WHEREAS, it has been determined that certain existing appropriations now have un- obligated balances which will not be needed for the purposes for which appropriated.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Zionsville, Boone County, Indiana, that the following existing funds be re-appropriated as follows:

FUND/LINE ITEM AMOUNT RE-APPROPRIATED

PARK AND RECREATION FUND (FUND 216) PARKS DEPARTMENT FROM Line Item 1-15 Ass’t. Superintendent $ 18,800.00 2-14 Office/Computer $ 1,500.00 2-30 Gas/Oil $ 1,000.00 2-40 Signs $ 2,700.00 2-32 Garage/Motor $ 3,000.00 2-36 Mileage $ 1,000.00 2-45 P & R Misc. $ 1,000.00 2-47 Plant Materials $ 500.00 3-13 Training $ 3,000.00 3-16 ZNC Contract Services $ 5,000.00 3-21 Telephone $ 1,000.00 3-31 Printing $ 2,000.00 3-50 Electric/Gas $ 9,000.00 3-51 Water/Sewer $ 4,000.00 3-62 Cemetery Care $ 1,500.00 3-98 P & R Mowing $ 10,000.00 4-42 Feature Repair/Replace $ 9,000.00 Total Re-appropriated: $ 74,000.00 TO Line Item 1-44 Nationwide Matching $ 1,000.00 2-34 Maintenance $ 18,800.00 3-30 Publications $ 1,000.00 3-42 Vehicle Leasing $ 10,000.00 3-61 Contract Services $ 42,200.00 3-93 Subscriptions/Dues $ 1,000.00 Total Re-appropriated: $ 74,000.00

FUND/LINE ITEM AMOUNT RE-APPROPRIATED

GOLF COURSE FUND (FUND 275) PARKS DEPARTMENT FROM Line Item

1-11 Manager $ 30,000.00 1-31 Unemployment $ 4,000.00 2-14 Pro Shop $ 2,000.00 2-30 Gas & Oil $ 1,000.00 2-32 Garage & Motor $ 300.00 2-34 Maint. Supplies $ 1,000.00 3-13 Training $ 400.00 3-14 Employee Bonds $ 400.00 3-16 Background Checks $ 200.00 3-20 Postage $ 100.00 3-23 Bank Fees $ 3,000.00 3-31 Printing & Advertising $ 500.00 3-41 Insurance $ 8,000.00 3-42 Workman’s Comp. $ 1,500.00 3-50 Electric & Gas $ 4,000.00 3-62 Contractual Maint. & Repairs $ 3,500.00 3-97 Tree Service $ 100.00 Total Re-appropriated: $ 60,000.00

TO Line Item 1-16 Part Time/Overtime $ 25,000.00 2-15 Food & Beverage $ 2,000.00 3-21 Telephone $ 1,500.00 3-64 Agronomics $ 2,500.00 3-93 Dues & Subscriptions $ 500.00 4-02 Misc. Course Improvements $ 500.00 4-43 Irrigation System $ 28,000.00 Total Re-appropriated: $ 60,000.00

POLICE OPERATING FUND (FUND 209) POLICE DEPARTMENT FROM Line Item 1-08 Additional Comp. $ 33,000.00 1-15 Overtime $ 9,500.00 2-30 Gas $ 39,500.00 Total Re-appropriated: $ 82,000.00 TO Line Item 1-06 Corporal $ 40,000.00 1-11 Chief $ 2,500.00 1-18 Captains $ 6,000.00 1-13 Detectives $ 3,500.00 1-23 Uniform $ 25,000.00 3-14 Physicals $ 5,000.00 Total Re-appropriated: $ 82,000.00

FUND/LINE ITEM AMOUNT RE-APPROPRIATED

PUBLIC SAFETY LIT FUND (FUND 249) POLICE DEPARTMENT FROM Line Item 1-12 Patrolman 2 - LIT $ 79,000.00 1-08 Additional Comp. $ 27,000.00 Total Re-appropriated: $ 106,000.00 TO Line Item 1-10 Patrolman 1 - LIT $106,000.00 Total Re-appropriated: $106,000.00

PUBLIC SAFETY LIT FUND (FUND 249) FIRE DEPARTMENT FROM Line Item 1-08 Battalion Chief $ 11,000.00 1-31 Performance Pay $ 86,920.00 Total Re-appropriated: $ 97,920.00 TO Line Item 1-09 Engineer $ 10,000.00 1-11 Deputy Chief $ 6,500.00 1-15 Firefighter/EMT $ 81,420.00 Total Re-appropriated: $ 97,920.00

FIRE OPERATING FUND (FUND 207) FIRE DEPARTMENT FROM Line Item 1-15 Firefighter $160,000.00 1-17 Part-Time $ 15,000.00 1-22 Health Insurance $135,000.00 1-25 Workers Comp. $ 11,200.00 1-26 Accident & Sickness $ 6,600.00 1-31 Performance Pay $ 48,000.00 3-40 Building and Vehicle Ins. $ 7,000.00 3-51 Gas $ 6,000.00 3-93 Subscription & Dues $ 10,000.00 Total Re-appropriated: $398,800.00

TO Line Item 1-10 Fire Chief $ 2,500.00 1-13 Fire Captain $ 500.00 1-19 Overtime $ 80,000.00 1-23 Uniforms $ 50,000.00 1-28 Ride Out Pay $ 5,500.00 1-44 Nationwide Match $105,000.00 2-31 Public Education $ 750.00 3-52 Sewer/Water $ 2,000.00 3-60 Station Maintenance $ 13,450.00 3-62 Vehicle Maintenance $ 30,000.00 3-63 Fire & Com. Maintenance $ 48,000.00 3-65 Mobile Com. Tec $ 6,500.00 3-94 Training $ 6,100.00 4-52 Office Furniture $ 5,500.00 4-55 EMS Equipment $ 43,000.00 Total Re-appropriated: $398,800.00

FUND/LINE ITEM AMOUNT RE-APPROPRIATED

FIRE EQUIPMENT REPLACEMENT FUND (FUND 208) FIRE DEPARTMENT FROM Line Item 4-51 Tanker $ 94,000.00 4-60 Ambulance $ 29,300.00 4-62 Training Storage $ 5,000.00 Total Re-appropriated: $128,300.00 TO Line Item 4-52 Fire Equipment $ 25,000.00 4-53 EMS Equipment $ 64,000.00 4-54 Communications $ 1,100.00 4-61 Vehicle $ 12,000.00 4-63 Station Repairs $ 26,200.00 Total Re-appropriated: $128,300.00

GENERAL FUND (FUND 101) ADMINISTRATION FROM Line Item 1-10 Mayor $ 3,000.00 1-25 Planner Econ. Dev. $ 28,000.00 1-26 IT Assistant Director $ 65,000.00 1-36 IT Director $ 45,000.00 1-39 Planner I – Zoning $ 30,000.00 1-40 1.5% Pay Increase $ 30,000.00 3-10 Admin. Engineering $ 20,000.00 3-14 PC Legal $ 30,000.00 3-15 Legal Reserve $ 70,000.00 3-22 Travel $ 3,000.00 3-40 Insurance $ 20,000.00 3-51 General Heat $ 10,000.00 3-65 T.H. Yard $ 15,000.00 3-66 Gen. Admin. $ 20,000.00 3-81 Shelter $ 10,000.00 3-83 Direct Relief – Utility $ 10,000.00 3-94 Training $ 5,000.00 3-97 Code Enforce. $ 3,500.00 4-41 Rail Trail Gardens $ 20,000.00 Total Re-appropriated: $437,500.00 TO Line Item 1-22 Admin. Health Insurance $ 67,000.00 1-38 Planning Admin. Assistant $ 1,205.00 1-43 Deputy HR $ 2,211.00 2-32 Vehicle Expense $ 5,000.00 3-11 Admin. Legal $295,000.00 3-21 Admin. Telephone $ 5,000.00 3-50 General Electric $ 54,484.00 3-52 Water/Sewer $ 5,000.00 4-49 Equipment Upgrades $ 2,500.00 3-91 Promotional $ 100.00 Total Re-appropriated: $437,500.00

FUND/LINE ITEM AMOUNT RE-APPROPRIATED

WASTEWATER FUND (FUND 606) WASTEWATER DEPARTMENT FROM Line Item 1-16 PT/OT $ 7,000.00 1-19 Chief Operator $ 34,594.00 1-20 Merit Raises $ 11,050.00 1-26 Collection System Op. $ 47,135.00 2-21 Chemicals $ 20,000.00 4-55 Sewer Replacement $ 94,546.00 Total Re-appropriated: $214,325.00 TO Line Item 1-11 Superintendent $ 2,285.00 1-14 Operator II $ 1,400.00 1-15 Operator I $ 49,000.00 1-17 Billing Clerk $ 2,000.00 1-18 Collection System Street $ 3,690.00 1-24 Planning Department $ 1,000.00 1-31 Uniforms $ 2,000.00 3-85 Sewer Works Bonds $115,000.00 3-96 Miscellaneous $ 37,950.00 Total Re-appropriated: $214,325.00

MVH FUND (FUND 201) STREET AND STORMWATER DEPARTMENT FROM Line Item 201002 1-14 Street Tech. II $ 90,000.00 1-20 FICA $ 900.00 1-22 Insurance $ 55,000.00 1-23 Uniforms $ 1,500.00 1-24 Undist. Pay Increase $ 16,584.00 2-31 Tires $ 2,500.00 2-40 Street Signs $ 10,000.00 3-63 Sidewalk Replacement $ 10,000.00 3-65 Streetlight Maintenance $ 10,000.00 3-91 Pathway Repairs $ 13,100.00 3-98 Mowing $ 7,020.00 201003 1-17 Ass. Supt. - Stormwater $ 10,300.00 1-23 Undist. Pay Increase $ 2,954.00 2-33 Storm Drains $ 12,000.00 2-34 Equipment Parts & Supplies $ 7,000.00 3-14 Village Engineering $ 47,900.00 3-15 Stormwater Program $ 15,000.00 Total Re-appropriated: $311,758.00

FUND/LINE ITEM AMOUNT RE-APPROPRIATED

TO Line Item 201002 1-06 R/W Coordinator $ 1,600.00 1-11 Superintendent $ 3,300.00 1-12 Admin. Assistant $ 1,200.00 1-13 Team Leader $ 3,700.00 1-15 Street Tech I $ 72,500.00 1-16 PT/OT $ 15,000.00 1-17 Asst. Superintendent $ 1,650.00 1-21 PERF $ 400.00 1-44 Nationwide Matching $ 11,050.00 2-32 Equip. Parts & Supplies $ 11,100.00 2-43 Asphalt Materials $ 2,500.00 3-14 Training/conference $ 290.00 3-16 Background Checks $ 216.00 3-41 Worker’s Comp Audit $ 23,512.00 3-61 Equip. Repair & Maintenance $ 40,000.00 3-70 Signal Repair $ 3,000.00 3-71 Equipment Rental $ 1,300.00 3-92 Landscape Maintenance $ 13,500.00 3-94 Streetscaping $ 12,390.00 3-97 Tree Removal Service $ 4,500.00 3-99 Trash Fees & Dumping $ 15,000.00 4-48 Vehicle – Pickup $ 69,000.00 201003 1-15 Stormwater Technician $ 1,250.00 1-22 Insurance $ 2,000.00 1-44 Nationwide Matching $ 1,800.00 Total Re-appropriated: $311,758.00

CCD FUND (FUND 427) STREET AND STORMWATER DEPARTMENT FROM Line Item 4-50 Equipment Trailer $ 8,540.00 4-57 Pickup/Plow Truck $ 12,000.00 Total Re-appropriated: $ 20,540.00

TO Line Item 4-45 CCD Dump/Salt Truck $ 20,540.00 Total Re-appropriated: $ 20,540.00

FUND/LINE ITEM AMOUNT RE-APPROPRIATED

TIF DISTRICT FUND (FUND 490) ADMINISTRATION FROM Line Item 3-01 Redevelopment Engineering $ 50,000.00 3-02 Legal/Accounting $ 31,644.95 3-06 FocusonZionsville.com $ 1,500.00 3-82 Revenue Bonds of 2010 $ 1,227.77 4-28 Commissions $100,000.00 4-29 Town Hall Sign $120,000.00 4-30 Economic Development Incentive $200,000.00 4-35 Creekside Corporate Park HW $ 46,376.02 4-33 Zioinsville Waterline $ 40,000.00 4-55 TIF 2016 Lease Bond $120,000.00 TOTAL Re-appropriated: $710,748.74

TO Line Item 3-87 TIF - 2012 Lease Rental Bonds $ 1,100.00 4-31 ZCS Loan $709,648.74 TOTAL Re-appropriated: $710,748.74

DULY PASSED AND ADOPTED this day of 2019, by the Town Council of the Town of Zionsville, Boone County, Indiana, having been passed by a vote of in favor and opposed.

TOWN COUNCIL OF THE TOWN OF ZIONSVILLE, BOONE COUNTY, INDIANA

YEA NAY Signature Signature Josh Garrett, President Bryan Traylor, Vice President Kevin Spees, Member Susana Suarez, Member Jason Plunkett, Member Elizabeth Hopper Member

Member

I hereby certify that the foregoing Resolution was delivered to Town of Zionsville Mayor Timothy R. Haak on the day of 2019, at m.

ATTEST: Amelia Anne Lacy, Department of Finance and Records

MAYOR’S APPROVAL

Timothy R. Haak, Mayor DATE

MAYOR’S VETO

Timothy R. Haak, Mayor DATE

RESOLUTION NO. 2019- OF THE TOWN OF ZIONSVILLE

A RESOLUTION REGARDING THE APPROPRIATION OF ADDITIONAL FUNDS

Whereas, it has been determined that it is now necessary to appropriate more money than was appropriated in the annual Town of Zionsville budget.

Now, therefore, be it resolved by the Zionsville Town Council of the Town of Zionsville, Boone County, Indiana that for the expenses of the Town of Zionsville, the following additional sums of money are hereby appropriated out of the funds named and for the purposes specified, subject to laws governing the same: Amount Approved Fund Name Budget Classification Amount by Fiscal Body Fund #101 (General Fund) Plan Commission Engineering (Line item #101001312) $369,408.42 $369,408.42

Total General Fund $369,408.42 $369,408.42

Total Amount Appropriated (All Funds) - $369,408.42

Funds noted above are available for additional appropriation via November 20, 2019 balance in the General Fund of $4,827,702.87.

The purpose of the additional appropriation is to reimburse the Plan Commission Engineering line item with “pass-through” funds received from developers for engineering work done on behalf of the Town/Planning & Economic Development Department.

DULY PASSED AND ADOPTED this day of 2019, by the Town Council of the Town of Zionsville, Boone County, Indiana, having been passed by a vote of in favor and opposed.

Resolution No. 2019-_____ Page 2

TOWN COUNCIL OF THE TOWN OF ZIONSVILLE, BOONE COUNTY, INDIANA

YEA NAY Signature Signature Josh Garrett, President Bryan Traylor , Vice-President Kevin Spees, Member Elizabeth Hooper, Member Susana Suarez, Member Jason Plunkett, Member

I hereby certify that the foregoing Resolution was delivered to Town of Zionsville Mayor Timothy R. Haak on the day of 2019, at m.

ATTEST: Amelia Anne Lacy, Director, Department of Finance and Records

MAYOR’S APPROVAL

Timothy R. Haak, Mayor DATE

MAYOR’S VETO

Timothy R. Haak, Mayor DATE

ORDINANCE NO. 2019-___ OF THE TOWN OF ZIONSVILLE, INDIANA

AN ORDINANCE TO VACATE A 10-FOOT UTILITY STRIP PER PLAT LOCATED ON PROPERTY COMMONLY KNOWN AS 650 VALLEYVIEW DRIVE, ZIONSVILLE, INDIANA

WHEREAS, Edwin L. & Mary K. Rensink ("Petitioners"), have filed their petition with the Town Council of the Town of Zionsville, Indiana to vacate a ten foot utility strip per plat ("Plat Easement"), as shown on the attached Exhibit A, and more specifically described in Exhibit B; which is attached hereto and incorporated herein; and,

WHEREAS, Edwin L. & Mary K. Rensink are the current owners of the land within which the Plat Easement is located; and,

WHEREAS, notice of the filing of the Petition and date of hearing on said Petition has been given to all interested persons, or waived, and published as required by law; and,

WHEREAS, no remonstrance or objection to this matter has been filed by any party; and

WHEREAS, the vacation will not hinder the growth or orderly development of the neighborhood or the Town of Zionsville;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of Town of Zionsville, Indiana acting pursuant to the authority granted to it by Ind. Code § 36-7-3- 12 as follows:

1. The Plat Easement for utilities ten feet in width located within Lots 3 and 4 as shown on the plat of Linaburry's Valley View Addition to the Town of Zionsville, Boone County, Indiana, as per plat recorded in Plat Record 3, page 122 and 123 in the Office of the Recorder of Boone County, Indiana, and as indicated in the attached Exhibits A and B collectively, is hereby vacated and of no effect. ·

2. This Ordinance shall be in full force and effect upon adoption.

DULY PASSED AND ADOPTED this ___ day of ______

2019, by the Town Council of the Town of Zionsville, Boone County, Indiana, having been passed by a vote of ____ in favor and ____ opposed. TOWN COUNCIL OF THE TOWN OF ZIONSVILLE, BOONE COUNTY, INDIANA

YEA NAY ·- un1ature 12nature Josh Garrett, President Bryant Traylor, Vice President Kevin Spees, Member Elizabeth Hopper, Member

Member Jason Plunkett, • Member Susana Suarez, Member .

I hereby certify that the foregoing Ordinance was delivered to Town of Zionsville Mayor Timothy R. Haak on the ___ day of ______2019, at____ m.

ATTEST: ______Amelia Lacy, Director Department of Finance and Records

MAYOR'S APPROVAL

Timothy R. Haak, Mayor Date

MAYOR'S VETO

Timothy R. Haak, Mayor Date

This document prepared by: Eric M. Douthit, Attorney-At Law, 2 North 9th Street, Noblesville, IN 46060

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: Eric M. Douthit. EXHIBIT A

LAT) ,;.;,;;;;, E,ISEl/[Nl (Pffi Pt Al) 6~'(P

EXISTING 2.5' UTILITY STRIPS (PER PLAT) LINABURRY'S VALLEY Scale: 1 "=30' VIEW ADDJTION PLA 1 BOOK J, P. 122-123 GRAPHIC SCALE

B/,KEJS D.R. 222, P. 802 ( m rn:r) CENTERLINE OF 5.00' WIDE 1 inch = 30 ft. AREA OF UTILITY EASEMENT VACATION - 919 SQ. FT.± LEGEND (HATCHED AREA)

£OW.II L & UA.QY It. Plot Dimension R[NS,lPD( IIISTR. /201 1007-478 Measured Dimension 0.S60Ac.±

-=I ~q-~1/p ,y¾- / C.A.=7J'59'06" ARC=96.85' RAD.=75.00'(P&J.1) CHORD BRG.=S 39'30'24" W /IISJR,EOE[J) / 2008000 10223 ( CHORD=90.26' LINABURRY'S VALLEY ~ ~·,,_ ~,r~ cs·oo-,m) VIEW ADDlTlON "--- ""'o,, PLAT BOOK J, P. 122-123 "'- ,,_

!/!!//!/} PLATT£D UTILITY EASEMENT l~~/ / ~/ zJ AREA TO BE VACATED (HATCHED AREA) The within cxhibir reprcsenls the resulls of a prior Boundary Retracement Survey perfolTlled by Hahn Surveying Group, Inc. as Job No. 170802, dated October 13, 2017. HAHN SURVEYING UTILITY EASEMENT VACATION EXHIBIT GROUP , INC. PART OF LOTS J AND 4 IN L/NABURRY'S VALLEY VIEW ADDITION LAND SURVEYORS PER PLAT RECORD J, PAGES 122-12-3. 2850 E. 961 h Strccl • lndinnapulis, lN 46240 Phone: 846-0840 / Fax: 846·429H 650 VALLEY VIEW DRIVE, ZIONSVILLE, IN 46077 Eslablished in 1975 SHEET NO. 1 OF 2 EXHIBITB

LAND DESCRIPTION OF THE AREA OF A PLAITED UTILITY EASEMENT TO BE VACATED

A strip ofland 5.00 feet ofunifom1 width, with said strip ofland being 2.50 feet by parallel lines on each side of the following described centerline, described as follows:

Part ofan existing platted Ulility Easement being 5.00 feet of uniform width, and being 2.50 feet by parallel lines on each side of the common line between Lot Number 3 and Lot Number4 in Linabuny's Valley View Addition to the Town of Zionsville, Boone County, Indiana, as per plat thereof recorded in Plat Record 3, pages 122 and 123 in The Office of the Recorder ofBoone Cowity, Indiana, with the aforesaid centerline being more particularly described as follows:

BEGINNING at the Southeast comer ofsaid Lot Number Four (4); thence North 35 degrees 26 minutes 30 seconds West (basis of bearings Indiana State Plane Coordinates, East Zone) on and along the Northeasterly line ofsaid Lot Number 4 a distance of 183.82 feet to a point 5.00 feet South, by perpendicular measurement, of the North lines of said Lots, with said point being on the South line of an East-West 5.00 feet wide Utility Strip South of, parallel with and adjacent to the North lines ofsaid Lots Number 3 and Lot Number 4 to the POINT OF TERMINUS of the within described centerline.

The sidelines of the above described 5.00 feet wide strip of land shall be lengthened or shortened to meet al the Southerly lines of said Lots Numbered 3 and 4 and at the Southerly line of the aforesaid East-West 5.00 feet wide Utility Easement.

SURVEYOR'S CERTIFICATE

The within land description and easement was prepared under my direct supervision and wns based upon a prior Boundary Rctracemcnt Survey performed by Hahn Surveying Group, Inc. as Job No. 170802, dated October 13, 2017.

Dated April 12, 2019

Richard A. O'Brian, Registered Land Surveyor No. 80880017 State oflndiana

,•. ..• •

HAHN SURVEYING UTILITY EASEMENT VACATION EXHIBIT GROUP, INC. PART OF LOTS 3 AND 4 IN LINABURRY'S VALLEY VIEW ADD/TION LAND SURVEYORS PER PLAT RECORD 3, PAGES 122-123. 2850 E. 961h Street .. Indianapolis, IN 46240 Phone: 1!46-01140 / Fa" 846-4298 650 VALLEY VIEW DRIV£, ZIONSVILLE, IN 46077 Eslablisbcd in 1975 SHEET NO. 2 OF 2 .. - PETITION TO VACATE UTILITY EASEMENT IN ZIONSVILLE, INDIANA

,. Edwin L. & Mary K. Rensink ("Petitioners"), the owners of real property located within the Town of Zionsville, Indiana and identified by tax parcel identification No. 0191016000 · • • • - ("Parcel"), hereby petition the Town of Zionsville to vacate a utility easement extending northwest to southeast through the Parcel with the easement depicted on Exhibit "A" attached hereto and incorporated herein ("Vacation Area"). In support, Petitioners state: 1. Vacation of the proposed Vacation Area will not hinder the growth or orderly development of the unit or neighborhood in which said Vacation Area is located or to which Vacation Area is contiguous; 2. Vacating the proposed Vacation Area does not make access to the lands of any person by means of public way difficult or inconvenient; .. 3. Vacating the proposed Vacation Area does not hinder the public's access to a church, school, or other public building or place; and 4. Notice of the proposed vacation and the hearing on it has been provided pursuant to Ind. Code §§ 36-7-3-12(c) and 5-3-1 et. seq. 5. Petitioners have included in this petition Release Letters from all area utilities.

Edwin L. Rensink

Macy0sink~k ~ ......

EXHIBIT A

EXISTING 2.5' UTILITY STRIPS (PER PLAT) UNADURRY'S VALLF.\' Scale: 1 "=30' VIEW ADDJJ'/ON PLM D00X J, P. 122-12J GRAPHIC SCALE I I 8/Jll[IS O.R 211, P, 801 ( Ill FEET) I~ >-C-EN_T_E_·RL_lN_E_O_F_·5-.0-0-'\-Vl_D_E---, 1 Inch = 30 It. fl; AREA or, ur1L1TY EASEMENT u::; VACATJON-919SQ.FT. ± LEGEND (HATCHED AREA) Q]) tol Number (ON.'I L 4 UAAV h'. (P) Pio! Oimcn , lon i;.tm.,,r~ L'iSJff. l]0 l100'141a (/.f) l.lcosur

4&-q."'-'Qp ~'¼- '06" '(Pli!I) =S J9'J0'24" IY l.'/S£D(fRR(J). #2003000 I012J I J/-4"1,'iW L/NABURltY'S VALLEY . ~ , P. Fr roo.•,-o VIE\VADDIT/ON "'-,_ "''¾ /5'00-"l) PLAT 000K J, P. 122-12J "' It

11//ff /2?) ~~~~TE£ ~~LIJJc~~~iiMENT (HATCHED AREA) 71w wi1hin c.d,ibil rcprcspnls 1/,c rcsulls ofu prior Do11nd111y Relmcemcnl Surl'ey performed by Hnlin Sun·cying Group, Inc. ns Job No. 170802, doled Oclobcr 13, 2017. HAHN SURVEYING UTILITY EASEMENT VACATION EXHIBIT GROUP, INC. PART OF LOTS .3 AND 4 IN LINABURRY'S VALLEY VlEW ADDITION LAND SURVEYORS PER PLAT RECORD .3, PAGES 122- 12.3. 2850 E. 961h Street , lnrli,n,polis, IN 46240 Phono: 846-01140 I f ox: 846-4298 650 VALLEY VlEW DRIVE, ZIONSVlLLE, IN 46077 E5 Lab!ishcd In 1975 SHEET NO. I OF 2 650 VALLEY VIEW DRIVE-AREA MAP

~ ··; :r --.. ..,, Cross'Sra nch :: .. :;~"O)' Ot l 5 - il e,ec'\11 iiL";-~,,.~ 9 . 1.lndfflSl ~- \ Elm'Str~------t__- ., ': fl Green ; Hussey-Mayfield m ~ ~ Memorial Library T " : ~ ¢ i a. .. "~ -;; · ., "' !!1 ';!l ~ • !!? .. LOC\Jd Sl I:/ 9 t'JPoc,l.'lr:!:2: ,o ~ ~r::; ~o -w ro:il:irS\ Hopwood Celk1rs Wl~ ery f:. ",,.-· ··1 .. Cobblestone 9 "' WOokSl WOokSl JakSl ... ' ... i - e.v,.n~l31 ~ 5' \1 L I tanlTllfflrto, ~ \ ~ ~ ~ "' ;;, The Friendly Tavern {J) ! i ·. .l-.,. ..-.,;~ ,, r. "' "' WPbwS\ _..- ··-sf~ 1(: ..,.~l.-tc,~ Advent Evangelic •11 •• • •• •• •· I Lutheran Church· LCIV \\••l• ,,,. q Creekside Nature Park ~ ~ _ , Plum:$'- ..~ \'l\ole't',nr.t;eo~ 1 ~~ · m,c, \\ ~ Payless Liquors "' ~ Q,,..,.--- ·, lnfolab q \ " ;; \ " ; ~ ·~ .~ w~comr.irc:t The Domain at ·.• ..- :;;.?' ~ \ I I I I I I I l.L1~~;J ,,~ NJ I l3:11:11Slll8 I I ---~------\ I I ,---·-.------_____l_____ ------! .. . .. - •

Landowner's Easement Release Request Letter Date: L/ .... 11 - / q

To: • Wayne DeLong Director of Planning and Economic Development Town Of Zionsville, Indiana

Re: Easement release for property located at 650 Valley View Dr, Zionsville, IN 46077

Dear Mr. DeLong:

The purpose of this request is to release the referenced easement, or portion thereof, as

described in Exhibit A, and depicted in Exhibit B, inclusive, and attached to this letter.

The reason for this request is: the easement dates -from the original plat recording in 1955 when it was situated along a lot line: when homes were constructed n the 1960s. propert,y:lines were reconfigured., resulting in an unused utility easement running through the middle ofa lot.

After a thorough examination, the respective suppliers of utility service have no

objection to this proposal and have indicated their agreement by signing below. Thank

you for considering this request.

date

e above proposal for utility service purposes, and I have no objections. 4-/ 7-19 date

AT&T 5858 ~ College Ave Indianapolis, IN 46220 Landowner's Easem.entR¢lease Reqqest Letter Date: 5 -'t ".'.I¥_

To: Wayne DeLong Director of Planning and Economic Development Town Of Zionsville, Indiana

Re: Easement release for property located at 650 Valley View Dr, Zionsville, IN 46077

Dear Mr. DeLong:

The purpose of this request is to release the referenced easement, or portion thereof, as

described in Exhibit A, and depicted in Exhibit B, inclusive, and attached to this letter.

The reason for this request is: 'thi{easement.dates,from ihe--originaiplahfecordmgitt .JMs wh~n it wassifuatedalcmg,aJoHine.; when hotiu:s were cpri,strueted'n:fhe496os_• .JirapertlJ-lin_t15···[email protected]; r.efultinu in tJwifowed:iitility e®w~nt-:r•annihtt .'f:hr!>,ugh.the\mjddle qfa lot.

After a thorough examination, the respective suppliers of utility service have no

objection to this proposal and have indicated their agreement by signing below. Thank

you for considering this request.

Sincerely,

date

I~~~;;;service purposes, and Ihave no objections.

Name: .. date

Citizens Energy Group 2150 Dr. Martin Luther King Jr. St. Indianapolis, IN 46202 Landowne1·'s Easement Release Request Letter Date: ______

To: Wayne DeLong Director of Planning and Economic Development Town Of Zionsville, Indiana

Re: Easement release for property located at 650 Valley View Dr, Zionsville, IN 46077

Dear Mr. DeLong:

The purpose of this request is to release the referenced easement, or portion thereof, as described in Exhibit A, and depicted in Exhibit B, inclusive, arid attached to this letter.

The reason for this request is: the easement dates -from the original plat recording in 1955 when it was situated along a lot line; when homes were constructed n the 1960s. property lines were reconfigured, resulting in an unused utility easement running through the middle ofa lot.

After a thorough examination, the respective suppliers of utility service have no objection to this proposal and have indicated their agreement by signing below. Thank you for considering this request.

Sincerely, ~ Edwin L Rensink date Mary K Rensink date

I have reviewed the above proposal for utility service purposes, and I have no objections. 9/24/19 date

Duke Energy 16475 Southpark Dr Westfield, IN 46074 LandoWiler's Easement Release Request Letter 04/22/19 Da t e: ______

To: Wayne Delong -Director of Planning and.Economic Development Town Of Zionsville, Indiana Re: Easement release for property located at 650 Valley View Dl'., Zionsville, IN 46077

Dear Mr. DeLo-ng: The purpose of this request is to release.the referenced easement, or :portion thereof, as described in.Exhibit A, and depicted in Exhibit B,.inclusive, and atta~hed to this letter.

The reason for this request is: the easement dates from the original plat recording in 1955 when it was situated along a lot line: when homes were constructed n the 196os. grapertJJ lines-were reconfigured, resulting in an unused utilitv easementn.mning through t,he middle ofa lot.

After a thorough examination, the respective suppliers ofutllityser:vice have no objection: to this proposal and have indicated their agreement by signing below. Thank you for consideringthis re(luest.

Sincerely,., .

Edwin L. Rensink date

I ed the abov:e proposal for-utility service purposes, and I have. no objections. 04/22/19 date eenbc;1nk, Executive Vice Pre_sident Metro •ibernet LLC 3701 Gommunic~t\ons Way Evansviile, IN 47715

REVIEWED By Matt.O'Connorai 'lo:i9 am1 4i22i/9 L~clownerts Easement Release Request Letter Pate: 6. -ztG .. za/~

To: Way.he DeLong DirectQr of P~qg and Economic Development Town Of Zionsville, Indiana ' Re: Easem.ent release f9,;prc,pecyJocatedat 6so Valley View Dr, Zionsville, IN 46077

Dear Mr, DeLong:

The0pui:p9se·of fhjs:reqt,t~st is to·r~l_ea$e the referenced easement, oi' porlion.,thereof; as desq~bed in Exhibit A, ~ddepicted.inExhibitB1 rocl~ive,.~d attached to-thtfrletter, The :reasonfor•:this re-quei¢ls:.ihe easem.entdates·from the oclginal,plattecoirding in i.955UJhen-it was situated along a lotlirie; when ·homes were constructed n thei96os, proJwrw· t;nes wereteconflgured; resulting-in an unusei;f utility easement run11ing JhOOiJ.gh the middle o.fa lat, ~r-a_thoro~b;.e,xai:njnation, tlie tespectivesuppiiers of trt:ility:service have no opjectiontP.thisJ>tPJJOSal and.have.indicated th~.agreement l,y·si~:below. Thank you,for consideringthisteqq~t.

·:tevtewed the above.proposal fur utility servi~e .Plll,P~~, ,anj¢ctlons. ~~~~~i11!1Yi~~~~~-~-a::v~ rune J',1,-.. _,,.L__ I~ ·· ..L lb~ date 4 ,. ..,.,....,,n;,s, ,..,.A!,,.· ,-./w· Apl,;11JP1;a-e,, Vect~"'~.,, 0 6-e,.,,r t630 N Meridian .St lndianapoli$, IN 46202 iand()wner's Easement Release 'Request Letter . ' Date ... ·. V.t-''1"/'i ·~, . /t,.. , .. ,' 2.o. /Qf

. Wayne DeLortg .· ,,, . . . ·D.frector ·of Planning and Economic Deyel9pmenv . Town Of Zionsville, lndiana . · , . •· · · - ,- _:J '\:: . \;. .:<. Re: ~~emerit r~le~e·f9r.prqp~rty]q~ated af,650:.Vall~;tYi~W'rit,,Ziohsvill~,'JN 46-d17 : ·\(.: ·~:.: ·;,,:: ::,.~:- <.\\-.,:. -,; . \;';: - ::~ :• .. c ,_i :·: .. , _; . ."·.-, .· _:' ':,.v ">::,;},-,i. :,',. LD,::; f tif~i~ ~Y;} :: :;\·'.;•'. ' ;ii,;zcr i ';'J;'(,1<{ ·\:/; :,,'}i\j{i.J:?· ';,- .·, , ! : ,_.'.\ · : .'-·The;p.u,mosi:rnf this .'reqtrest,is,t0-releiu;eth1fi;eferentietfeiisehiei:it.iobpdtt;ion-ther.fof; .!is ' ,. ··: '·.;;~ ~ ::- - •.~;~~ N·.. . ~_.'_j~ ;: ••:-:~. . ." :_ .::;~~-: .,• ~~~\~•'if\ ;-~ •_•.~ ~~:•-.:- -•-=- ~~-r;: r· ~•-.••; .. ~t1 1;=!~-~~ • ~-; :•;. ::i ~• ~~ •••~~~;.. - >':'r •-~~---~ : ~:. • ~~·-/ -~~ ••.'. ,·· ;. ,·' .. ·r.<;lescribed 'fu Eihibit A;;aid/def>ict~a'in ixhlbit ..B; :~cfu~iie,'. _a~cr' att~ch~~to'thhi letth .. -.. :: '~t ;. :'J - 1 1 1 '• ;, ••~ •7 , •t• ,: ~· •,.: .··. ~ i' •,":.l,. 7· .• ~ ,,· --=• _.· •: • ¾• -••:::.._ · ~:-:•• --~tt:·:• •• • .: :- :'-_,. .. ~.~• • ' • •r- • '1 1 • • ~ + ;"' 1 1

'i:. . ~~_lr,4~~~ti,i6f:this::r~~~~sfifi:-the.~k~e~~~t d~t~s -: ffh~·'iN~-&~gittdi~la~re~o f.tliri1 ih . . ·.,❖ - - .:,; ..,,,. : • ·: _ · 1is5:wh~n, .ft:was 'sittii1teil/al@nr-i'i:dot.line;-when1iairres•wifrre:'constrificted ·n tnif 196as,' :- J~< .fl

~· ; :·:: .. ,:._: ., -· ;properiyJ{nes were~recionnqilreilf;resultirig ·itf::an.unused-:ufilitfreasefifenirimriirig ..., ._,:. : . ·-· .0 '.; ;_-~·.;;v '•:-•. :~: .•._. ~ · t'1~ ·r,,,,.u➔ 'g_· h 1,che m·''z'r::,dle' ·o·'-fa: [o··t .:,- " .··t; · :·,;-- ,~.:_-:;/ ~:. . .- ·•. :. :·~'.-'·'-: :·;_ ·~,; -- ·· ~:· · : . · .. :, ' ·· ,~.1, \-,:< ~ · , . J .:, . ftu l,U ,i ••·: ••: ,. : , • .-- .",, . , ... , , . _:,., .. '- .. "•- -.· , .. ... , 1 " ,. '·: /ii\t ·:.: .- ,.:;:~.~•;_;/·.' .,:./lY''?~· i\,..._: . ··A<~:.":·,- ...,:: .~t:f- .::, , ' ,;,.~ -~;;\:';/.· ·;- . :':./.=~::·,. :~:·-·;'.;;i: .. _: ".i_.,;~ .-.; . t: -· J;: , _:-. ~i.<";: ·i:, ·.): Afte11:al'tbJ>tori.g'ijiex;unma,~<1>J'i;'.thei&~pettiv~,s~ppljers°:9f•tj.tiilty,servici na,v~o-:·, ·< .. !~ . · , ~.~ · t;·\f.'.;:" ·> :.. ·: ?t .; ? ·,-:: t~'/;·;· ·:?·· .':J.r/~~!\;:/;,;::.:+.:.~J/\,;, , ·! ..:· ;::: : •• -;.: r,,..: =·:· ... :t;-~'.~:.//:. ·_,,, .,e/L .l' j',i',...::·~~: u:.·~ ·})\.\t ~.to~j~cq9.1:1 .!~~fi~~~.c?~~~ ;~~·~ ~y~;i?:4!.~~~4 .~eu::.~.gree~.en}~r;~r~~Ji~~9rfir~~·:<:.:._: ;: -~:· : . , :f ·:=.;· ·:·i.··. Jr ·.. '. .i:' ·:·:;.;~~-:.<1?} •r:,~~ ::~>;:, ,;. .. /;.~.i:;:· .i~\ :i: ·.·: :·:".. \-;::~? .>• ~: '. S ??I•.:.~• ·.:.-· ·._. ;Ji 'N:r:~.. , ~f~. .-~.:'?1: ... ?/· ,,-:, ,. : · · · · "YOU'fot:cons1denng thts.request .. ,. .: ·, "::i. · ·,.;1,, , , . . . , '.;, ., .. ' . - ~ ·: ... ·; ,:-: .,. · · , -.;,,- ",., ,...-;,;; '.., . .-

:.;~~ -itt :;; . i~:;>;·'t ·,.} :i .. •-''.

J 4_ 'Ji

:.•. , i:-~: .i t_)( ..~· '·

.. ·-~ ( ::· ':?., LAND DESCRIPTION OF THEARIIA OF A PLATTED UTILITY EASEMENT TO BE VACATED

A strip ofland 5.00 feet ofunifonn width, with said strip ofland being 2.50 feet by parallel Jines on each side of the following described centerline, described as follows:

Part of an existing platted Utility Easement being 5.00 feet of uniform width, and being 2.50 feet by parallel Jines on each side ofthe common line between Lot Number 3 and Lot Number 4 in Linabuny's Valley View Addition to the Town ofZionsville, Boone County, Indiana, as per plat thereof recorded in Plat Record 3, pages 122 and 123 in The Office of the Recorder of Boone County, Indiana, with the aforesaid centerHne being more particularly described as follows:

BEGINNING at the Southeast comer of said Lot Number Four (4); thence North 35 degrees 26 minutes 30 seconds West (basis of bearings Indiana State Plane Coordinates, East Zone) on and along the Northeasterly line ofsaid Lot Number 4 a distance of 183.82 feet to a point 5.00 feet South, by perpendicular measurement, ofthe North Jines of said Lots, with said point being on the South line ofan East-West 5.00 feet wide Utility Strip South of, parallel with and adjacent to the North Jines of said Lots Number 3 and Lot Number 4 to the POINT OF TERMINUS of the within described centerline.

The sidelines of the above described 5. 00 feet wide strip ofland shall be lengthened ot shortened to meet at the Southerly Jines ofsaid Lots Numbered 3 and 4 and at the Southerly line of the aforesaid East-West 5. 00 feet wide Utility Easement.

SURVEYOR'S CERTIFICATE

The within land description and easement was prepared under my direct supervision and was based upon a prior Boundary Retracement Survey performed by Hahn Surveying Group, Inc. as Job No. 170802, dated October 13, 2017. .,,"' ~ Dated April 12, 2019 :z ill 0 "'

E 0 "' ~ I Ol 0 "' HAHN SURVEYING UTILITY EASEMENT VACATION EXHIBIT GROUP, INC. PART OF LOTS .3 AND 4 IN UNABURRY'S VALLEY VIEW ADDITION LAND SURVEYORS PER PLAT RECORD .3, PAGES 122-12.3. 2850 E. 96th Street , Indianapolis, IN 46240 Phone: 846-0840 I Fax: 846-4298 650 VALLEY VIEW DRIVE, ZIONSVILLE, IN 46077 Established in 1975 SHEET NO. 2 OF 2 SOUTH LINE OF EX/ST. -- -- - 5' UTILITY STRIP (PER LAT) lO~TY EASEA!fNT (PER PLAT) 65'(?) 65'(?) 124'(PJ-- 5' UTILllY-- SlRIP-- (P~A T~) _ EXISTING 2.5' UTILITY STRIPS (PER PLAT) LINABVRRY'S VALLEY Scale: 1 "=30' VIEW ADDITION PLAT BOOK J, P. 122-123 GRAPHIC SCALE 0 15 30 fli , ~... I ili BAKEIS G'i D.R. 222, P. 802 ( IN FEET ) "'<( Is~ CENTERLJNE OF 5.00' WIDE 1 inch = 30 ft. ~ AREA OF UTILITY EASEMENT ' ~ ~1~O"!' ::, ~ ... VACATION-919 SQ. FT.± LEGEND E! l

£DmN L & !/ARY K. (P) Plot Dimension RtNSINK INSTR. /2017007478 (M) Measured Dimension 0.560Ac.± (D)

~ ;~ 6l I ~C',f-J'rllj> (0g '>'ar EDER(D v..!',t- I INSTR. /200800010223 J/4" IRON LJNABVRRY'S VALLEY -1.s.,,~ PIPE FOUND (5" D01\N) VIEW ADDITION " ir b~ PLAT BOOK 3, P. 122-123 "' ~

PLATTED UTILITY EASEMENT AREA TO BE VACA TED (HATCHED AREA) The within exhibit represents the results of a prior Boundary Retracement Survey perfonned by Hahn Surveying Group, Inc. as Job No. 170802, dated October 13, 2017. HAHN SURVEYING UTILITY BASEMENT VACATION EXHIBIT GROUP, INC. PART OF LOTS 3 AND 4 IN LINABURRY'S VALLEY VIEW ADDITION LAND SURVEYORS PER PLAT RECORD 3, PAGES 122-123. 2850 E. 96th Street • Indianapolis, 1N 46240 Phone: 846-0840 / Fax: 846-4298 650 VALLEY VIEW DRIVE, ZIONSVILLE, IN 46077 Established in 1975 SHEET NO. 1 OF 2 RESOLUTION NO. --- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ZIONSVILLE, INDIANA

WHEREAS, the Town Council of the Town of Zionsville (the "Town Council") has heretofore adopted Resolution No. 2014-03 on February 3, 2014, and Resolution No. 2014-05 on March 3, 2014 (collectively, the "2014 Resolutions"), establishing an economic revitalization area (the "ERA") and approving the partial abatement of property taxes for certain real property (the "Project") of Hat World, Inc. d/b/a Lids, or an affiliate thereof ("Lids") pursuant to the provisions ofl.C. 6-1.1-12.1; and

WHEREAS, on November 12, 2019, Group 1001 Indiana Holdings, LLC (the "Taxpayer") purchased the Project from Lids Properties, LLC; and

WHEREAS, the Taxpayer has requested that the Town Council approve certain modifications to the Statement of Benefits originally approved by the Town Council (a copy of which is attached hereto as Exhibit A), which modifications are reflected in the amended Statement of Benefits form attached hereto as Exhibit B;

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ZIONSVILLE, INDIANA, as follows:

SECTION 1. The Town Council hereby approves the modifications described herein, agrees to continue the benefits conferred by the 2014 Resolutions upon the Taxpayer and hereby approves the amended Statement of Benefits in the form attached hereto as Exhibit B, which shall henceforth be the basis for Taxpayer's compliance requirements.

SECTION 2. To the extent the provisions of the 2014 Resolutions are not modified hereby, such provisions shall remain in full force and effect.

SECTION 3. This Resolution shall be in full force and effect from and after its passage by the Council and approval by the Mayor as required by law. *****

PAGE 1 DULY PASSED AND ADOPTED this 2nd day of December, 2019, by the Town Council of the Town of Zionsville, Boone County, Indiana, having been passed by a vote of ___ m favor and ___ opposed. TOWN COUNCIL OF THE TOWN OF ZIONSVILLE, BOONE COUNTY, INDIANA

YEA NAY

Signature Signature Josh GmTett, President Bryan Traylor, Vice President Kevin Spees, Member Elizabeth Hopper, Member Jason Plunkett, Member Susana Suarez, Member

I hereby certify that the foregoing Resolution was delivered to Town of Zionsville Mayor Timothy R. Haak on the __ day of _____ 2019, at___ m.

ATTEST: ______Amelia Anne Lacy, Director Department of Finance and Records

MAYOR'S APPROVAL

Timothy R. Haak, Mayor Date

MAYOR'S VETO

Timothy R. Haak, Mayor Date

DMS 15501948v2

PAGE2 STATEMENT OF BENEFITS 20__ PAY20~ REAL ESTATE IMPROVEMENTS Slate Form 61767 (R4 / 2-13) FORM SB-1 / Real Property Prescribed by the Department of Local Government Finance PRIVACY NOTICE This statement Is being compleled for real property that qualifies under the following Indiana Code (check one box): 1h11 cos\ ~nd fcY np'oolflo Individual's salary Jnfor;n"' on ln <:onJidenUal; the @ Redevelopment or rehabllltalion of real estate Improvements {IC 6-1.1-12.1-4) balance of Iha fillna la p·obllc record D Resldentlally distressed area (IC 6-1.1-12.1-4.1) perlP6•1.1-1:t1,s.1(c)'and (d). INSTRUCTIONS: 1. Wis state.ment n111st /Je submitted to the bocly dasignalli1g the Economii; Revllallzetlon Area prlor to the p11b/!c I/earing If t,1e cJoslgMillng body rer111tres lnfonniition from :the applfcanl fn making fls decls/011 about whether lo designate an Ei-onomiaRevlla/izallon Area. OlheIWlsa, thluliltement. must be subm.Jttad/o the desfgna/lni'J body BeFQRE the redeve/apm11nt or 1ehabiii1et/on or1r1a/ propEJr/y for which /he person wishes.to c/alnn~ deductfi:m. ''Pl'Ojaiits'.' planned orcommllled to a,fterJuty_ 1, '/fJBl; Md areas deslg11t:1tedafter July 1, 1987, 1eq11/re a STATE:ME:NT OF BENEFJTS; (IC IM.1-12.1) 2. Approval of tile des/gnat111u body (Olly Council, Town Board, County Counc/1, etc.) must be obtained prior to /n//lilflon of fhe ror:Javatopment or rehab/II/at/on, BEFORE a daduollon may bo approved. . . . · 3. To ob/air> a deduct/on, a Form 322/RE must be flied Wllh the CountyA11dltarbeforo May 10 In the year /nwhlch Ille addl/Fori 10.assessedV1J/Uallo11 ts made or not lalor than lh/rly (30) days aller the assessment nof/ce Is mailed to the property owner ff fl was malled after /\pr/I, 10. /( the properly owner mlss1rs the A4ay 10 dead/fn(l In the inl/tal year of occupation, he can apply between March 1 and May 1a of a subsequent yellr. . 1. Properly owne~ whose Slaleme_n/ of Benet/ls was approved af/er.Jt1!le 30, 1991, must attach a Fom, CF-•J/Rea/ Properly annually to /he app/lctitron to show. compliance with the Stalem1m! of Beneflls. [IC 6-1.1-12. MS.1(b) c111d IG 6-1.1-12.1-5.3(/)J. 5. The schedules eslab/lshed under fC B•·I. 1-12.1-tl(d) for reliab/litaffid property apply to any cconomrc revllaliwilan areas designated after June 30, 2000, unles.:i anallemative dedt1Cllon sched11/e ls adopted by tho deslgnallng body (IC 6-1. "(-12.1-17), The scheduleilaffer;(fve prior to July 1, 2000, shall oonllnue lo apply lo economic rovilalizatian areas des/gneted before July 1, 2000. SECTION 1 TAXPAYER INFORMATION Name of taxpayer Hat World Inc. d/b/a Lids Address of taxpayer (number and street, city, slafa, end ZIP coda) 7555 Woodland Drive, Indiana alls, IN 46278 Nam·e of C!}nlncl person Telephone number E-mail address Scott Molander ( 317 I 334-9428 [email protected] • I • • t Name qf deslannllng bQ!ly ResoluUon number Town of Zionsville Locallon of property County DLGF laxlng district number 106th Street and Zionsville Road Boone 06-006 Cle$criP.llDii ol NI\IJl.tO~BllY jrilPl'OYb!l)l!I\ ~t radovelopmon!,_ or rcnolilllll\llon (11fi11 addi6iJ1;14/ #lheiils lljl,atiiSSlllJI), f ·1·ty Id I EsUmated start date (mon/h, day, yest) 1ne company p1ans o comnruc a new corpuram neaaquarrers 1ac1my. 1ne proposeu ac1 1 wou a so house the company's Information technology, data center, and technical support operations. 06/01/2014 Esllmated completion dale (month, day, yes!) 12/31/?018

Salaries $0.00.

REALESTATEIMPROVEMeNrs COST ASSESSED VALUE current values 16,000,000.00

NetesU I -.. Estimated solid waste converted (pouncJs) ______Estimated hazardous waste converted (pounds) ______

Olher beneflls

I hereby certify that the representations in this statement are true.

Page 1 of2 l f

Wa find that Iha applicant meets Iha general standards In the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed ' under IC 6•1.1·12.1, provides for Iha followlng llmltallons:

A. The designated area has bean limited to a period of Ume not to exceed calendar years• (see below), The date this designation expires Is

B. The type of deduction lhat Is allowed In the designated area Is llmlted to: 1. Redevelopment or rehabilitation of real estate Improvements □ Yes □ No 2. Resldenllally distressed areas □ Yes □ No

C. The amount of the deduction appllcable Is limited to$

D. Other limitations or conditions (specify)

E. The deduction Is allowed for years" (see below).

F. Did the designating body adopt an ellernatlve deduction schedule per IC 6·1.1-12.1-17? □ Yes □ No If yes, attach a copy of the alternative deduction schedule to this form.

We have also reviewed the Information contained In Iha statement of benefits and find that the estimates and expectations are reasonable and have determined that the totallly of benefits Is sufficient to Justify the deduction described above.

Approved (slgnatut'e and title of authorized member ofdes/gna//ng body) Telephone number IDate signed (month, day. year) ( ) Atteste!I by (slgns/ure and ti/la of et/estel) Deelgnated body

• If th~ designating body llmlts the time period during which an area Is an economic revllallzatlon area, It does nol llmlt the length of tlma a taxpayer ls enlllled to receive a deduction lo a number of years designated under IC 6-1.1-12.1-4.

A. For resldentlally distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment end rehabllltatlon or real estate Improvements: 1. If the Economic RavltallzallonAreawas deslgnatadprlorto July 1, 2000, the deduction period Is limited to three (3), six (6), or ten (10) years. 2. If Iha Economic Revllallzallon Area was designated after June 30, 2000, and Is not In a resldenllally distressed area, the deduction period may not exceed ten (1 O) years.

Page 2 of2 STATEMENT OF BENEFITS 20 PAY20_ REAL ESTATE IMPROVEMENTS -- State Form 51767 (R6 / 10-14) FORM SB-1 / Real Property Prescribed by the Department of Local Government Finance PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Code (check one box); Any information concerning the cost of the property and specific salaries G!l Redevelopment or rehabilitation ofreal estate improvements (IC 6-1.1-12.1-4) paid to individual empl%ees by the D Residentially distressed area (IC 6-1.1-12.1-4.1) woc,ert{. owner is confi ential per C -1, -12.1-5.1. INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction, 3. To obtain a deduction, a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed after April 10. A properly owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 1O of a subsequent year. 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-12.1-5. t(b) 5. For a Form SB-1/Rea/ Property that Is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Properly that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. JC 6-1. 1-12. 1-17

SECTION 1 TAXPAYER INFORMATION Name of taxpayer GROUP 1001 INDIANA HOLDINGS, LLC Address of taxpayer (number and street, city, state, and ZIP code} 401 Pennsylvania Parkway, Suite 300, Indianapolis, IN 46280 Name ofcontaet person David B. Snyder, Secretary

Name of designating body Resolution number Zionsville Town Council 2014-05 Location of property County DLGF taxing district number County Parcel No. 019-16610-10 Boone 06-006 Descripllon or real property fmprovem1inls, r:edeiletopmenl, or rehl!bllitalion (usq ii(ldilkiniil sln,e/s lfnecessaiy) Estimated start date (month, day. year) Taxpayer purchased the subject property for which tax abatement was approved by confirmatory resolution 2014-05. 12/2/2019 In connection with this purchase, and for consideration of remaining in compliance with the terms of the resolution, Estimated completion date (month. day. yeBr) occupants including taxpayer affiliates will create the positions and pay the salaries as estimated in Section 3. 12/31/2021

REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values Plus estimated values of proposed project -.. Estimated solid waste converted (pounds) ______Estimated hazardous waste converted (pounds) ______

Other benefits

SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized rep~tlve Date signed (month, day. year) November 14, 2019 ,;,::: 1 ~ r_,/ ---._ I Printed ~ of authorized representative Title James D. Purvis !Chief Operating Officer Page 1 of2 We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6-1.1-12.1, provides for the following limitations:

A. The designated area has been limited to a period of time not to exceed _____ calendar years* (see below). The date this designation expires is ______,

B. The type of deduction that is allowed In the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements O Yes O No 2. Residentially distressed areas O Yes O No

C. The amount of the deduction applicable is limited to $ ______

D. Other limitations or conditions (specify) ______

E. Number of years allowed: □ Year 1 □ Year2 D Year3 D Year4 □ Year 5 (* see below) 0 Year6 D Year? □ Year a D Year9 D Year1o

F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? □ Yes D No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to establish an abatement schedule before the deduction can be determined.

We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number IDate signed (month, day, year) ( ) Printed name of authorized member of designating body Name of designating body

Attested by (signature and title of attester) Printed name of attester

• If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17.

A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1, 2013, the deductions established in IC 6-1.1-12.1-4.1 remain in effect. The deduction period may not exceed five (5) years. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten (10) years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1, 2013, the abatement · schedule approved by the designating body remains In effect. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. (See IC 6-1.1-12.1-17 below.)

IC 6-1.1-12.1-17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayer's investment In real and personal property. (2) The number of new full-time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayer's investment. (b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten (10) years. (c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits.

Page 2 of 2 RESOLUTION No.o

RESOLUTION OF THE ZIONSVILLE PLAN COMMISSION APPROVING THE DECLARATORY RESOLUTION AND DEVELOPMENT PLAN FOR THE HOLLIDAY FARMS ECONOMIC DEVELOPMENT AREA

WHEREAS, the Zionsville Plan Commission (the "Plan Commission") is the body charged with the duty of developing a general plan of development for the Town of Zionsville, Indiana (the "Town"); and

WHEREAS, the Town of Zionsville Redevelopment Commission (the "Commission"), as the governing body of the Depmtment of Redevelopment of the Town of Zionsville (the "Department"), pursuant to Indiana Code 36-7-14, as amended (the "Act"), on September 23, 2019, adopted a resolution (the "Declaratory Resolution") designating an area known as the Holliday Farms Economic Development Area (the "Economic Development Area") as an economic development area pursuant to Section 41 of the Act, and designated all of such area as an allocation area pursuant to Section 39 of the Act; and

WHEREAS, the Declaratory Resolution approved an economic development plan for the Economic Development Area (the "Plan"); and

WHEREAS, the Redevelopment Commission has submitted the Declaratory Resolution and the Plan to the Plan Commission for approval pursuant to the provisions of Section 16 of the Act, which Declaratory Resolution and Plan are attached hereto and made a pa1t hereof; and

WHEREAS, in determining the location and extent of the Economic Development Area, the Plan Commission has determined that no residents of the Town will be displaced by the proposed development thereof; and

WHEREAS, the Plan Commission has reviewed the Declaratory Resolution and the Plan and determined that they conform to the plan of development for the Town, and now desires to approve the Declaratory Resolution and the Plan.

NOW, THEREFORE, BE IT RESOLVED BY THE ZIONSVILLE PLAN COMMISSION, THAT:

1. Pursuant to Section 16 of the Act, the Plan Commission hereby finds and determines that the Declaratory Resolution and the Plan conform to the plan of development for the Town.

2. The Declaratory Resolution and the Plan are hereby approved.

3. This Resolution hereby constitutes the written order of the Plan Commission approving the Declaratory Resolution and the Plan pursuant to Section 16 of the Act.

4. The Secretary is hereby directed to file a copy of the Declaratory Resolution and the Plan with the minutes of this meeting. SO RESOLVED BY THE ZIONSVILLE PLAN COMMISSION this 2ist day of October, 2019.

ZIONSVILLE PLAN COMMISSION

ATTEST:

~ ~~~~ Secretary

DMS l5246247vl

2 RESOLUTION No. 2019-01

RESOLUTION OF THE ZIONSVILLE REDEVELOPMENT COMMISSION DECLARING AN AREA IN ZIONSVILLE, INDIANA, AS AN ECONOMIC DEVELOPMENT AREA AND APPROVING AN ECONOMIC DEVELOPMENT PLAN FOR SAID AREA

2 any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the redevelopment district and when collected paid into an allocation fund for said allocation area that may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(3) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. 12. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set fmih in Section 39(b)(4) of the Act. 13. Said allocation area is hereby designated as the "Holliday Farms Allocation Area" (the "Allocation Area"), and said allocation fund is hereby designated as the "Holliday Farms Allocation Fund" (the "Allocation Fund"). The base assessment date for the Allocation Area shall be January 1, 2019. The allocation provisions herein relating to the Allocation Area shall expire on the date that is twenty-five (25) years after the date on which the first obligation is incuned to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues derived from the Allocation Area. 14. The Commission hereby specifically finds and determines, based on its review of the proposed Economic Development Area, its reasonable expectations relating to expected growth of assessed value in the Economic Development Area and information provided by prospective developers related thereto, that the adoption of the allocation provision with respect to the Economic Development Area will result in new prope1iy taxes in the Economic Development Area that would not have been generated but for the adoption of the allocation provision. 15. The officers of the Commission are hereby directed to make any and all required filings with the Indiana Depaiiment of Local Government Finance and the Boone County Auditor in connection with the creation of the Allocation Area. 16. The provisions of this Resolution shall be subject in all respects to the Act and any amendments thereto. 17. This Resolution, together with any supporting data and together with the Plan, shall be submitted to the Zionsville Plan Commission (the "Plan Commission") and the Town Council of the Town (the "Town Council"), and if approved by the Plan Commission and the Town Council shall be submitted to a public heai·ing and remonstrance as provided in the Act, after public notice all as required by the Act. 18. This resolution shall take effect immediately upon its adoption by the Commission.

3 Adopted the 23 rd day of September, 2019.

Member

OMS 14707905vl

4 EXHIBIT A TO RESOLUTION 2019-01

Town of Zionsville Redevelopment Commission

Economic Development Plan for the Holliday Farms Economic Development Area Dated: September 23, 2019

PURPOSE AND INTRODUCTION The Town of Zionsville Redevelopment Commission (the "Commission"), the governing body of the Department of Redevelopment and the Redevelopment District (the "District") of Town of Zionsville, Indiana (the "Town"), proposes to designate and declare an economic development area within the Town to be known as the "Holliday Farms Economic Development Area" (the "Area") and proposes to designate the entire Area as an allocation area to be known as the "Holliday Farms Allocation Area" (the "Allocation Area"). This document is the plan for the Area (the "Plan"), provided that this Plan may be amended in the future as provided in Indiana Code 36-7-14, as amended from time to time (the "Act") and in this Plan.

Pursuant to Sections 15 and 16 of the Act, the Plan must be approved by the Commission, the Town Plan Commission and the Town Council of the Town. Upon such approvals, the Commission will hold a public hearing on the Plan as required under Section 17 of the Act, before confirming (or modifying and confinning) the designation of the Area and the approval of the Plan.

PROJECT OBJECTIVES The purposes of the Plan are to benefit the public health, safety, morals and welfare of the citizens of the Town; increase the economic well-being of the Town and the State oflndiana; and serve to protect and increase property values in the Town and the State of Indiana. The Plan is designed to (i) promote significant opportunities for the gainful employment of citizens of the Town, (ii) assist in the attraction of major new business enterprises to the Town, (iii) retain and expand significant business enterprises existing in the Town, (iv) provide for local public improvements in the Area, (v) retain and attract permanent jobs, (vi) increase the property tax base, and (vii) improve the diversity of the economic base of the Town.

DESCRIPTION OF AREA The Area is bounded as follows: A map identifying the parcels comprising the Area is attached to this Plan as Exhibit A hereto.

DESCRIPTION OF PROJECTS In order to accomplish the Plan, the Commission currently estimates that it will proceed to can·y out the design, acquisition, construction, installation, equipping and improvement projects in, serving or benefitting the Area which are necessary to facilitate the orderly development in the Area, including, but not limited to, (1) acquisition of rights-of-way to be determined; (2) surface water drainage and collection infrastructure; (3) water system and

ECONOMIC DEVELOPMENT PLAN PAGE 1 storage facilities; (4) water treatment infrastructure; ( 5) roads, streets, sidewalks, streetlights, pathways, trails and related infrastructure; (6) sewer infrastructure; (7) improvements designed to facilitate access, mobility and safety for pedestrians crossing US-421; (8) amphitheater; (9) community event center; (10) the acquisition, demolition, rehabilitation and/or reconstruction of buildings and other site improvements; and (11) other local public improvements deemed appropriate (collectively, the "Projects").

ESTIMATED COSTS OF THE PROJECTS Because the Commission does not intend to acquire any interests in real property for the Project at this time, the Commission will not incur any costs of acquisition. However, the Commission will incur ce1iain costs in connection with the development of the Projects. The estimated cost of the Projects is approximately $20,000,000. The Commission anticipates paying for such Projects with tax increment revenues derived from the Allocation Area or bonds or leases of the District payable from such tax increment revenues. The bonds would be issued in an amount sufficient to finance all or a portion of the costs of the Projects, plus capitalized interest on the bonds, if necessary, a debt service reserve, if any, costs of issuing such bonds, and any other costs permitted or authorized by the Act.

Tax increment revenues from the Allocation Area or other sources of funds available to the Commission may also be used to offset payments by developers on promissory notes in connection with economic development revenue bond financings undertaken by the unit, or to pay principal or interest on economic development revenue bonds issued by the unit to provide incentives to developers, in furtherance of the economic development or redevelopment purposes of the Allocation Area. The provision of incentives by the application of tax increment revenues to offset developer promissory notes that secure economic development revenue bonds, or to pay principal or interest on economic development revenue bonds issued by the unit to provide incentives to developers, in furtherance of the economic development or redevelopment purposes of the Allocation Area, has become an established financing tool and an increasingly common form of incentive for attracting economic development and redevelopment.

ACQUISITION OF PROPERTY In connection with the accomplishment of the Plan, the Commission has no present plans to acquire any interests in real property. In the event the Commission determines to acquire any interests in real property in the future, it shall follow procedures set forth in Section 19 of the Act. The Commission may not exercise the power of eminent domain.

DISPOSAL OF PROPERTY The Redevelopment Commission may dispose of any real property acquired in the future by sale or lease to the public pursuant to procedures set forth in Section 22 of the Act.

STATUTORY FINDINGS OF FACT A. The Plan for the Area meets the statutory requirements under Section 41 (b) of the Act, as evidenced by the following findings of fact:

ECONOMIC DEVELOPMENT PLAN PAGE2 1. The Plan for the Area promotes significant opportunities for the gainful emplovment of the citizens of the Town, attracts a ma;or new business enterprise to the Town, retains or expands a significant business enterprise existing in the Town, or meets other purposes ofSections 2.5, 41 and 43 ofthe Act.

The Plan will improve the Town's infrastrncture and aesthetics and foster additional economic development in and serving the Area. In addition, the Plan will provide and improve existing infrastructure that is required to attract new commercial development in the Area. These new business enterprises will provide opportunities for employment for the citizens of the Town.

2. The Plan for the Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under Sections 2.5, 41 and 43 of the Act because of a lack of local public improvements, the existence of improvements or conditions that lower the value of the land below that of nearby land, multiple ownership of land, or other similar conditions.

Implementation of the Plan is necessary because local public improvements are greatly needed to facilitate development and enhance prope1iy values in the Town. The construction of improved infrastructure will pave the way for future growth and development in the Area. The implementation of the Plan will also provide greater accessibility and walkability for residents and commercial entities in the Area.

3. The public health and welfare will be benefited by accomplishment of the Plan for the Area.

By creating new opportunities for employment, implementation of the Plan will benefit the public health and welfare for the citizens of the Town. Additionally, new or expanded industry and other development will contribute to the overall health of the Town by increasing and the diversifying the tax base. The development of trails and pathways through the Area further aids in the public health and welfare of the Town.

4. The accomplishment of the Plan for the Area will be a public utility and benefit as measured by public benefits similar to the attraction or retention of permanent jobs, an increase in the property tax base, improved diversity of the economic base, or other similar public benefits.

The Projects contemplated by the Plan will be of public utility and benefit by putting in place infrastructure and/or other incentives to support future development, thereby retaining or creating new jobs, maintaining the prope1iy tax base and allowing for further economic development and improved diversity of the economic base of the Town.

5. The Plan for the Area confmms to other development and redevelopment plans for the Town, if any.

ECONOMIC DEVELOPMENT PLAN PAGE3 The Plan conforms with the intended plan of development for the area as prescribed by the Town of Zionsville Plan Commission. The Plan does not provide for any change in use of the property in the Area, but rather better utilization of the Area for the purposes currently contemplated by the intended plan of development for the Town.

B. The Plan for the Area addresses the statutory requirements under Section 39(b) of the Act, as follows:

The adoption of the allocation provisions for the Allocation Area will result in new property taxes in the Area that would not have been generated but for the adoption of the allocation provision. After discussing the development of the Area with various stakeholders and prospective developers, the Commission finds that the ability to maintain and attract new business would not occur but for the availability of tax increment revenues to finance the Projects as contemplated by this Plan.

AMENDMENT OF THE PLAN This Plan may be amended by following the procedures described in Sections 15-17.5 of the Act.

ECONOMIC DEVELOPMENT PLAN PAGE4 EXHIBIT A

MAP AND DESCRIPTION OF AREA Attached hereto is a map describing the parcels comprising the Area.

DMS l4707912v3

EXHIBIT A Parcel A 003-07950-00

Parcel C 003-17820-04

Parcel E Parcel H 003-18709-00 003-18720-00

Parcel D 003-18721-00

Parcel J 003-07940-01 Par I G 003-18 11-00 Parcel K 03-18707-00 Parcel I 003-07940-00

,I\/ Parcels

Holliday Farms - Parcel Information

Parcel County Parcel No. State Parcel No. Cripe Parcel No. Own er Name Mailing Address A 003-07950-00 06-08-23-000-005.000-005 4 HOLLIDAY-ROGERS LIMITED PTNSHP 201 INDIAN HARBOR RD VERO BEACH, FL 32963 B 003-07950-01 06-08-23-000-005.002-005 HENKE DEVELOPMENT LLC 1100 CHATHAM HILLS BLVD, WESTFIELD, IN 4 6074 C 003-17820-04 06-08-24-000-005.004-00S 4 HOLLIDAY-ROGERS LIMITED PTNSHP 201 INDIAN HARBOR RD VERO BEACH, FL 32963 D 003-18721-00 06-08-26-000-006.000-005 4 HOLLIDAY-ROGERS LIMITED PTNSHP 201 INDIAN HARBOR RD VERO BEACH, FL 32963 E 003-18709-00 06-08-25-000-012.000-00S 4 HOLLIDAY-ROGERS LIMITED PTNSHP 201 INDIAN HARBOR RD VERO BEACH, FL 32963 F 003-18712-00 06-08-26-000-009.000-005 2 ROGERS MARY HOLLIDAY 201 INDIAN HARBOR RD VERO BEACH, FL 32963 G 003-18711-00 06-08-26-000-001.000-00S 2 ROGERS MARY HOLLIDAY 201 INDIAN HARBOR RD VERO BEACH, FL 32963 H 003-18720-00 06-08-26-000-005.000-00S 3 HOLLIDAY-ROGERS LIMITED PTNSHP 201 INDIAN HARBOR RD VERO BEACH, FL 32963 I 003-07940-00 06-08-26-000-008.000-00S 2 ROGERS MARY HOLLIDAY 201 INDIAN HARBOR RD VERO BEACH, FL 32963 J 003-07940-01 06-08-26-000-008.001-00S 1 ROGERS MARY HOLLIDAY 201 INDIAN HARBOR RD VERO BEACH, FL 32963 K 003-18707-00 06-08-2S-000-005.000-00S 1 ROGERS MARY HOLLIDAY 201 INDIAN HARBOR RD VERO BEACH, FL 32963

Parcel A, C, D, E = Deed Record 256, Pages 818-822

Parcel B = Instrument Number 2018007592

Parcel F, G, I, J, K = Deed Record 237, Pages 601-604

Parcel H = Deed Record 256, Pages 823-825 RESOLUTION NO. ______

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ZIONSVILLE, INDIANA, APPROVING CERTAIN MATTERS IN CONNECTION WITH THE ESTABLISHMENT OF THE HOLLIDAY FARMS ECONOMIC DEVELOPMENT AREA AND AN ALLOCATION AREA AND THE APPROVAL OF AN ECONOMIC DEVELOPMENT PLAN FOR SAID AREA

WHEREAS, the Town of Zionsville Redevelopment Commission (the “Commission”), as the governing body for the Town of Zionsville Redevelopment Department, pursuant to IC 36-7- 14, as amended (the “Act”), on September 23, 2019, adopted Resolution No. 2019-01 (the “Declaratory Resolution”), designating an area to be known as the “Holliday Farms Economic Development Area” (the “Economic Development Area”), as an “economic development area” pursuant to Section 41 of the Act and designated all of such area as an allocation area pursuant to Section 39 of the Act; and

WHEREAS, the Declaratory Resolution approved an economic development plan for the Economic Development Area (the “Plan”); and

WHEREAS, the Zionsville Planning Commission, on October 21, 2019, adopted a resolution (the “Plan Commission Order”) determining that the Declaratory Resolution and the Plan conform to the plan of development for the Town of Zionsville, Indiana (the “Town”), and approving the Declaratory Resolution and the Plan; and

WHEREAS, pursuant to Sections 16(b) and 41 of the Act, the Commission has submitted the Declaratory Resolution, the Plan, and the Plan Commission Order to the Town Council of the Town (the “Town Council”).

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ZIONSVILLE, INDIANA, as follows:

1. Pursuant to Sections 16(b) and 41 of the Act, this Town Council hereby approves the Declaratory Resolution, the Plan, and the Plan Commission Order.

2. This Town Council hereby approves the determination that the Economic Development Area is an economic development area pursuant to Section 41 of the Act.

3. This Resolution shall be in full force and effect from and after its adoption.

DULY PASSED AND ADOPTED this 2nd day of December, 2019, by the Town Council of the Town of Zionsville, Boone County, Indiana, having been passed by a vote of ______in favor and ______opposed.

TOWN COUNCIL OF THE TOWN OF ZIONSVILLE, BOONE COUNTY, INDIANA

YEA NAY

Signature Signature Josh Garrett, President Bryan Traylor, Vice President Kevin Spees, Member Elizabeth Hopper, Member Jason Plunkett, Member Susana Suarez, Member

I hereby certify that the foregoing Resolution was delivered to Town of Zionsville Mayor Timothy R. Haak on the _____ day of ______2019, at ______m.

ATTEST: ______Amelia Anne Lacy, Director Department of Finance and Records

MAYOR’S APPROVAL

______Timothy R. Haak, Mayor Date

MAYOR’S VETO

______Timothy R. Haak, Mayor Date

DMS 15339334v1

Zionsville Town Council

Holliday Farms Economic Development Area FAQ

December 2, 2019

HOLLIDAY FARMS (TIF FAQ)

Background: Unique Posture of the Holliday Property.

The Holliday property is comprised of approximately 598 acres of land, the southern border of which adjoins the existing, developed portion of the Town’s urban service area. The property extends north to approximately one city block south of CR 300S (146th Street). This places the property at the nexus between the Town’s urban core and the rural service area to the north. Subdivisions exist to the south, east and northeast of property which, while part of the Town of Zionsville, were developed while formerly under Boone County’s planning authority. These developments are largely cut off from the Town in terms of pedestrian connectivity. The Holliday Farms project presented a rare opportunity to include all 598 acres under one controlling developer and in a manner that incorporates both an east/west pathway (Holliday Trail), as well as a north/south pathway (extension of the Turkey Foot trail) into one project. It is no exaggeration to say that these pathways represent “generational amenities,” meaning that the opportunity and means to both establish these pathways and link them to surrounding developments and to the Village core are once in a lifetime events. It should be noted that it is the Holliday Farms project itself which even makes these opportunities possible. Specifically, Henke Development worked closely with the sellers to envision the property as a legacy project consisting of a Pete & Alice Dye-designed golf course (originally laid out in the mid-1990s). With the pursuit of this project concept agreed upon, Henke Development was able to secure the rights to extend the Turkey Foot trail (off-site), connecting to the Nature Park previously donated to the Town (at the Northwest corner of the property). Without this project, the Turkey Foot trail extension would not be possible. With this project, the Turkey Foot Trail and the Holliday Trail become possible in a single project, thereby accomplishing a key objective of the Town of Zionsville—to assure that this central property could be a community asset, including new amenities for all to experience.

Why Establish a TIF District for the Holliday Farms project?

After several months of study and review, the Zionsville Redevelopment Commission (“RDC”) adopted its Declaratory Resolution (Resolution No. 2019-01) finding, among other things, that such a district would promote employment opportunities in Zionsville, assist in attracting major new business enterprises and protect and increase property values in Zionsville. In making these findings, the RDC approved an Economic Development Plan (“Plan”) for the area and identified certain projects that could be undertaken to accomplish the Plan, including (1) acquisition of rights-of-way to be determined; (2) surface water drainage and collection infrastructure; (3) water system and storage facilities; (4) water treatment infrastructure; (5) roads, streets, sidewalks, streetlights, pathways, trails and related infrastructure; (6) sewer infrastructure; (7) improvements designed to facilitate access, mobility and safety for pedestrians across US-421; (8) amphitheater; (9) community event center; (10) the acquisition, demolition, rehabilitation and/or reconstruction of buildings and other site improvements; and (11) other local public improvements deemed appropriate. While no specific project has been approved for funding, the RDC discussed in its deliberations future

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infrastructure like an overpass (or alternative connection) over and across Michigan Road connecting neighborhoods east of Michigan Road by means of a safe and pedestrian friendly bridge or tunnel. With the establishment of a TIF District, Holliday Farms creates the potential for capturing revenue for funding such infrastructure and amenities that are otherwise not likely to be constructed. For purposes of illustrating some of the pathways and other improvements that could be funded through the TIF District, we have attached a draft Pedestrian Plan.

Does the Establishment of the TIF District commit the Town to a Particular Project?

No. The TIF District simply creates the mechanism for capturing the tax increment. Each individual project to be funded from that tax increment would need to be separately approved by the RDC and the Town Council.

What is the Fiscal Impact of the TIF District on Schools?

While each project seeking TIF must stand on its own merits, it is clear Holliday Farms has a distinguishing characteristic from a fiscal standpoint. As reflected in the school’s Fiscal Impact Report, the average single-family home in the development was conservatively estimated to be $875,000 (we believe the actual figure will be closer to $1 Million), producing annual surplus revenue to the school corporation (over and above the funding necessary for the anticipated children to be entering the school from this project) of $1.7 Million. The Fiscal Impact Report specifically contemplated the creation of a TIF District. We mention this extraordinary financial aspect of the project because it presents a rare opportunity to harness the revenue from a TIF district, without in any way adversely affecting property tax revenues otherwise necessary to pay for services provided by either the Town itself or overlapping taxing districts (e.g., the school, library, county, etc.). The opportunity for the creation of the tax increment exists only because of the Holliday Farms project (i.e., without this project the commercial land uses would not exist along this segment of Michigan Road and, as a result, no tax increment would be available for any purpose). With the Holliday Farms project, tax increment revenues are generated which can be devoted in total to fund infrastructure and amenities, without adversely impacting revenues necessary to fund government services provided to the project.

What is the Estimated Revenue from the TIF District?

Henke Development estimates that a TIF District could generate approximately $3.1 Million per year in revenue (from approximately $161 Million in assessed valuation). As with the establishment of any TIF District in Zionsville, revenue estimates will be reviewed and projected by the Town’s fiscal advisors as the process continues. While the final projections will be made a later point in time, it is clear that the Holliday Farms project will generate substantial tax increment that would otherwise not exist, and this increment may be used to fund projects of great utility and benefit to the Town (as set forth in the RDC’s Plan).

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Why Take this Action Now (as opposed to waiting until after the January 1, 2020)?

We believe it makes sense for the Town Council which approved this project to also take this step because of their familiarity with the project. In addition, time is of the essence, and certain projects (e.g., commercial uses) will only be pursued if the TIF District is established.

What is the Next Step after Council Approval?

The RDC is required to hold a public hearing and confirm its Declaration Resolution. Should the Council approve the TIF District, a public hearing will be scheduled before the RDC.

20680125.1 Pedestrian Exhibit

Bridge Over US 421

Turkey Foot Trail

Holliday Trail

Michigan Trail

October 14, 2019