HomeMy WebLinkAboutD-2417-18 Establishes the Larsen-Dunwoody Property as a Historic DistrictSPONSOR: Councilor Carter
ORDINANCE D-2417-18
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, DESIGNATING A SINGLE SITE HISTORIC
DISTRICT LOCATED AT 3740 W. 106TH STREET
Synopsis: Ordinance establishes a single site historic district consisting of the
Larsen -Dunwoody property, located at 3740 W. 106th Street.
WHEREAS, the mission of the Carmel Historic Preservation Commission (the
"Commission") is to preserve and protect the historic or architecturally worthy buildings,
structures, sites, monuments, streetscapes, squares, and neighborhoods of designated historic
districts located within the City's corporate limits; and
WHEREAS, in order to fulfill its mission, the Commission commissioned an update to
earlier surveys in order to identify historic buildings, structures, and sites located within the City
(the "Survey"); and
WHEREAS, the Commission used the results of the Survey to prepare a map designating
the boundaries of the proposed Larsen -Dunwoody House Historic District (the "District"); and
WHEREAS, the Commission held a public hearing on March 8, 2018 for the purpose of
allowing discussion and public comment on the proposed District; and
WHEREAS, at the March 8, 2018 public meeting, the Commission held that the
proposed District has historic and architectural significance that merits the protection of the
property as a historic district; and
WHEREAS, pursuant to Indiana Code §36-7-11-7 and Carmel City Code § 2-188(d), the
Carmel Common Council (the "Council") is authorized to designate a historic district following
the written recommendation to establish such a district by the Commission; and
WHEREAS, in accordance with Carmel City Code § 2-188(d), the Commission has
prepared a map of the District, classified and designated all buildings, structures and sites located
within the District, and drafted proposed design and architectural standards for the District, all of
which are attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the Commission has now presented the District map, classification and
designation of structures located within the District, and proposed standards for the District to
the Council for its approval as a historic district; and
Ordinance D-2417-18
Page One of Three Pages
This Ordinance was originally prepared by Jon Oberlander, Carmel Assistant City Attorney, on 4/26/18 at 3:50 PM.
It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Oberlander for legal sufficiency or otherwise.
SPONSOR: Councilor Carter
WHEREAS, the establishment of the Larsen -Dunwoody House Historic District is in the
public interest.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that:
Section 1: The forgoing Recitals are incorporated herein by this reference.
Section 2: The map, classifications and designations of structures, and the proposed
standards for the proposed Larsen -Dunwoody House Historic District as set forth in Exhibit A
are hereby approved by the Common Council, and the Larsen -Dunwoody House Historic District
is hereby established.
Section 3: Two copies of the map of the Larsen -Dunwoody House Historic District shall
be placed on file in the Office of the Clerk -Treasurer for public inspection.
Section 4: This Ordinance shall be in full force and effect from and after its passage and
signing by the Mayor and such publication as is required by law.
[Remainder of page intentionally left blank]
Ordinance D-2417-18
Page Two of Three Pages
This Ordinance was originally prepared by Jon Oberlander, Carmel Assistant City Attorney, on 4/26/18 at 3:50 PM.
It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Oberlander for legal sufficiency or otherwise.
SPONSOR: Councilor Carter
PASSED by the Common Council of the City of Carmel, diana this day of
2018, by a vote of ayes and nays.
CO IL FOR
/ c
C -
Ke D. Rider, President
Laura D. Campbell t
on E. Carter
Christine S. Paul, Clerk
H. Bruce Kimball
M
Presented by me to the Mayor of thF'Cijtyj Carmel, Indiana t day of 2018, at M.
Christine VPauley, Clerk -Tr urer
n� Approved by me, Mayor of the City of Caffnel, Indiana, this y of
2018, at r.m.
James Brainard, Mayor
Ordinance D-2417-18
Page Three of Three
This Ordinance was originally prepared by Jon Oberlander, Carmel Assistant City Attorney, on 4/26/18 at 3:50 PM.
It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by
Mr. Oberlander for legal sufficiency or otherwise.
--t
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1Y-
3740 W. 106th Street
Carmel, Hamilton County, Indiana, 46032
THE CARMEL
HISTORIC PRESERVATION COMMISSION
Prepared By:
The Carmel Historic Preservation Commission
Carmel, Hamilton County
Assisted By:
The Carmel Clay Historical Society
January 2018
Recommended by the Carmel Historic Preservation Commission
Officially adopted INSERT DATE HERE
TABLE OF CONTENTS
Owner...........................................................................................................................4
Historic and Architectural Design Analysis............................................................................4
• Construction Information.......................................................................................4
• Legal Description........................................................................................4
• Statement of Significance..........................................................................................5
• Boundary Map of the Historic District...........................................................................11
• Statement of Significance.......................................................................................12
Preservation Objectives.....................................................................................................14
Architectural and Design Standards.....................................................................................15
• Guidelines for Renovations to the House..............................................................17
• Guidelines for Demolition and Infill Construction......................................................24
• Guidelines for Additions to the House....................................................................28
• Guidelines for Site Development and Landscaping...................................................28
APPENDIX I: PHOTOGRAPHS........................................................................................30
APPENDIX II: PANHANDLE EASTERN PIPELINE EASEMENT DOCUMENTS ............................36
3
OWNER
Evelyn Dunwoody
3740 W. 106th St.
Carmel, Indiana 46032
HISTORIC AND ARCHITECTURAL
DESIGN ANALYSIS
CONSTRUCTION INFORMATION
Date of original design, construction, or origin: 1927
LEGAL DESCRIPTION
The subject property comprises one parcel of land which includes three structures: "the house"
(which is the primary structure), "the garage" (an accessory structure), and the "corn bin"
(another accessory structure). The property is described as follows:
Parcel 17-13-06-00-00-027.000 located in the City of Carmel, Section 6, Township 17, Range 3
of Hamilton County, Indiana. Containing 1.71 acres.
The "historic district" is defined as the parcel comprising "the historic buildings."
4
STATEMENT OF SIGNIFICANCE
For much of its history, Carmel remained a quiet and sleepy farming village, tucked
away in the southwest corner of Hamilton County, Indiana. The townships of Clay and
Delaware consisted of a patchwork of farmsteads, most of whose origins dated to the
early nineteenth century. Many of the early settlers who constituted the population of
early Carmel consisted of members of the Society of Friends (Quakers) and their
Methodist neighbors. Agriculture would remain the predominant theme of the
community through the nineteenth century and well into the next.
3740 W. 106th Street is located in the City of Carmel, Clay Township, Hamilton County,
Indiana. It lies in the portion of Clay Township located west of present-day U.S. 31.
The address comprises a parcel of 1.71 deeded acres in the southeast quadrant of
Section 6, Township 17 N., Range 3 E. (the westernmost range in Hamilton County and
Clay Township). The property lies on land that was originally deeded from the federal
government as an 80 -acre tract to James Hooker in February of 1834.1 Immediately to
the west of this farm was a second 80 -acre tract deeded to James Hooker in 1834;
immediately to the east was an 80 -acre farm deeded to Daniel Midsker in 1835.2 The
northwest and northeast quadrants of Section 6 were deeded to Jacob Phillips in 1831
and James Price in 1835, respectively.3 The allocation of land in Clay Township from
the federal government to pioneers occurred largely between the 1822 formation of
Hamilton County and 1838 under the terms of the Northwest Ordinance.4 Clay
Township itself was established in 1833, having been carved out of the original territory
of Delaware Township, which first encompassed all land west of the White River in
Hamilton County.5
In 1837, the Village of Bethlehem was founded at the intersection of present-day Main
Street and Rangeline Road and would eventually become the downtown center for the
City of Carmel. The name was changed from Bethlehem to Carmel when the town was
incorporated in 1874.6 The site of the historic house was located approximately 5.9
miles from the center of Bethlehem.
By 1866, the land containing the site of the Larsen -Dunwoody House was part of a 130-
acre farm owned by an A. Metsker.' At this time, Section 6 of Clay Township was still
entirely devoted to farming, as was most land in Clay Township as a whole.$ By this
date, Clay Township had become more civilized since early pioneer days while retaining
Hamilton County Surveyor's Office. Original Hamilton County Land Grants. 1993 ed., revised 1999.
Accessed January 22, 2018, http://www.hamiltoncounty.in.gov/DocumentCenter/HomeNiew/2037
2 Ibid.
3 Ibid.
4 Ibid.
5 Van Allen, Elizabeth J., Carmel Grows Up: The History and Vision of an Edge City (Carmel -Clay
Historical Society: Carmel, IN, 2017), 3. http://www.carmelclayhistory.org/the-history-of-carmel
8 Ibid., 5.
C.A.O. McClellan & C.S. Warner. Map of Hamilton County, Indiana, 1866. Accessed January 22, 2018,
http://www.hamiltoncounty.in.gov/DocumentCenter/HomeNiew/5691
8 Ibid.
a predominantly agrarian character. Fourteen schools had been established in Clay
and western Delaware Townships by the late 1850s, including five in south Clay
Township.9 Ten churches had also developed within the same area. United Brethren
Church in south Clay Township would have been nearest to the historic site. In the
1860s, the population of Clay Township reached 1,161.10
Advancements in transportation were transformative for the development of Carmel and
Clay Township. In 1883, the arrival of the Monon Railroad linked Carmel to
Indianapolis, Westfield, Sheridan and Lafayette by passenger and freight rail." In 1903,
the Indiana Union Traction Interurban Line began serving Clay Township, linking the
area to all parts of the state and coinciding with the electrification of Carmel and its
environs.12 Despite the appearance of modern infrastructure, Carmel and Clay
Township remained agricultural in focus with a small population throughout the early
twentieth century. By 1930, Carmel -proper had only 682 citizens, but the town had
managed to erect a Carnegie library in 191013 and a new high school in 1923.14 The
town experienced little change during the interwar years when the Larsen -Dunwoody
house was built; however, the construction of U.S. 31 afforded Carmel the economic
and geographic benefits of proximity to an Interstate while also creating a distinct line of
demarcation between the east and west sections of Carmel and Clay Township.15
During the 1950s and 1960s, Carmel experienced suburbanization amid the postwar
housing boom and patterns of flight from the urban core of Indianapolis.16 By the
1970s, agriculture ceased to be the dominant land use and category of occupation in
Clay Township as more property was developed for commercial and residential
purposes. 17 Indeed, between 1970 and 1980, the population of Carmel escalated from
6,578 to 18,272.18 The city experienced 21 annexations during the 1960s and 41
annexations during the 1970s.19 Carmel gained City status in 1974 and experienced
significant expansion of transportation infrastructure over the decade of the 1970s,
including the widening of U.S. 31, the construction of 1-465, and the extension of
Keystone Parkway through Clay Township — all of which boosted the mutual
accessibility of Carmel and Indianapolis, furthering Carmel's rapid growth as a suburban
community.20 Expansion of roadways and tax incentives created new opportunities for
corporations to locate in Carmel, and many companies established headquarters along
U.S. 31 in the 1980s, including Thompson Consumer Electronics, Delta Faucets, and
Conseco Insurance.21 During the 1980s and 1990s, Duke Associates and Robert V.
9 Van Allen, 3.
10 Ibid.
11 Ibid., 6.
12 Ibid.
13 Ibid.
14 Ibid., 7.
15 Ibid., 8.
16 Ibid.
17 Ibid.
18 Ibid.
19 Ibid.
20 Ibid.
21 Ibid., 11
0
Welch also developed the Meridian Technology Center at 116th and Pennsylvania
Streets and the Carmel Science and Technology Park along U.S. 31, contributing to the
westward thrust of development in Carme1.22
Based on the above, it is evident that the Larsen -Dunwoody House would have been
situated in a predominantly rural environment at the time of its construction in 1927.
The residence was built for Mr. Edward J. Larsen on a farm of at least 40 acres.23 He
purchased land described as "the east half of the west half of the southeast quarter of
section six (6) township seventeen (17) north of range three (3) east" in Hamilton
County for $4,000.00 on September 4, 1926 from Minnie and John Moore and Charles
and Ella Taylor.24 A condition of the purchase was the retention of William A. Wood as
a tenant. Wood is believed to have been a resident groundskeeper for the property.
Between the date of Larsen's purchase and the end of 1927, the historic house was
constructed on the site.
Larsen was vice president of Baur-Steinkamp & Co., a two -acre commercial
greenhouse at 98th Street and U.S. 421 in Zionsville specializing in the production of
carnations and chrysanthemums.25 Larsen was also a president of the Indiana Florists
Association and of the Chrysanthemum Society of America.26 There would have been
little development between his home and his place of work in the late 1920s or 1930s.
Indeed, a 1936 aerial photograph of west clay displays nothing but farms, woodland,
and the occasional country estate.27 A few small retreat -style enclaves of homes were
being developed at the time, such as Hussey Lane near W. 106th Street and Spring Mill
Road, but these were rare in the area and did not compromise its rural character as
residential subdivisions would later do amid more pervasive growth and development.28
Mr. Larsen, a bachelor, lived in the house until at least 1952 and possibly sometime in
the 1960s. Larsen passed away in July of 1968 at Hoosier Village in Zionsville, but it is
not known exactly when the house was released from his possession. Records suggest
that Larsen donated the property to the James Whitcomb Riley Memorial Association.
In September 1971, Joseph (Joe) Cohn purchased 145.62 acres from the James
Whitcomb Riley Memorial Association, including the historic house.29 He operated S.
Cohn & Sons Auto Co. with his brothers, Louis and Reuben ("Chicky") Cohn.30 Joe
briefly occupied the home before his death in October of 1971,31 when his brother
22 Ibid.
23 Hamilton County, Indiana Deed Record, Book 16, p. 550, Hamilton County Recorder's Office,
Noblesville, Indiana
14 Ibid.
25 "Edward J. Larsen Rites Tomorrow," Indianapolis News (Indianapolis, Indiana), Jul. 8, 1968.
26 Ibid.
27 "Hamilton County, Indiana in 1936" [aerial photograph]. Scale not given. Accessed January 22, 2018
http://qis.hamiltoncounty.in.gov/FlexViewer/Index.htm1
28 Ibid.
29 Hamilton County, Indiana Deed Records, Book 250, pp. 184-185, Hamilton County Recorder's Office,
Noblesville, Indiana
30 "Joseph Cohn," The Indianapolis News (Indianapolis, IN), October 31, 1971, p. 9
31 Ibid.
7
Reuben inherited the property.32 After taking ownership, Reuben sold all but 2.00 acres
of the original land to the Regency Realty Company for $354,000.00, resulting in the
creation of the parcel that is now congruent with the boundaries of the historic district. 33
In addition to working in his family's auto business, Reuben was a president of the
Orthodox United Hebrew Congregation.
Evelyn N. Dunwoody, a local real estate agent, purchased the home with her husband
Stephen E. Dunwoody in December of 1974.34 The size of the property remained 2.00
acres until the 2010s, when the City of Carmel purchased an easement along the south
side of the parcel, reducing the lot to an area of 1.71 acres.35 Evelyn Dunwoody was
the owner and occupant of the house as of the publication of this preservation plan in
2018.
Historic aerial photographs from 1941, 1956, 1962, and 1974 document the absence of
major subdivision and new construction in West Clay Township until the 1980s or
1990s.36 By 1941, a horse track had been constructed along the north side of 103rd
Street between U.S. 31 and Spring Mill Road, but few other human interventions were
writ large on the landscape except for the long-established quilt of farms.37 A handful of
churches and a small number of new estate -style homes had been constructed. By
1956, the horse track was gone, and little additional development had transpired since
1941.38 However, another residential street, Jumper Lane, had been paved just to the
west of Hussey Lane.39 Although the new dead-end street would include only a small
collection of exclusive homes on large lots, its appearance so close to another
subdivision presages the imminent deluge of new residential construction that would
occur during the final four decades of the twentieth century. By the early 1960s, the
Carmel Plan Commission was receiving petitions from developers to plat new tract
housing neighborhoods in West Clay Township. For instance, in 1962, the second
phase of the Annally Downs40 subdivision was platted along W. 106th Street
approximately one mile east of Michigan Road, with Green Tree Road serving as its
main thoroughfare. The Indianapolis Star touted the addition as "wooded, quiet, and
32 Hamilton County, Indiana Deed Records, Book 275, p. 598, Hamilton County Recorder's Office,
Noblesville, Indiana
33 Hamilton County, Indiana Deed Records, Book 257, p. 573, Hamilton County Recorder's Office,
Noblesville, Indiana
34 Hamilton County, Indiana Deed Records, Book 278, p. 194, Hamilton County Recorder's Office,
Noblesville, Indiana
35 Interview with Evelyn Dunwoody, February 20, 2018.
36 Hamilton County, Indiana in 1941; Hamilton County, Indiana in 1956; Hamilton County, Indiana in 1962
[aerial photographs]. Scale not given. Accessed January 22, 2018
http://qis.hamiItoncounty.in.gov/FlexViewer/Index.htm1
37 Hamilton County, Indiana in 1941 [aerial photograph]
38 Hamilton County, Indiana in 1956 [aerial photograph]
39 Ibid.
40 "Area Official and Civic Groups Set Meetings," Indianapolis Star (Indianapolis, IN), Apr. 10, 1962, p. 14.
Accessed online January 29, 2018
http://indystar. newspapers.com/image/106824104/?terms=Annally+Downs.
comfortable. 1141 It featured 31 middle-class single-family ranch, two-story, and split-level
homes on 21 acres.42 A 1962 aerial photograph of West Clay Township shows a few
completed homes and many vacant lots in Annally Downs — the only tract -style housing
subdivision along the W. 106th Street corridor of Hamilton County at the time .41
In 1964, the construction of Crooked Stick Golf Club catalyzed further development, as
the surrounding land was subdivided into residential lots with panoramic views.44 By
1974, when Carmel officially became a city, many homes had been constructed along
the golf course engirdled by W. 106th Street, W. 116th Street, Ditch Road, and Towne
Road, and many additional residential estates had been created on former farmland
along W. 106th Street near the Larsen -Dunwoody House .41 Duly, by the mid-1960s, the
historic site had become far less secluded than at the time of its construction. By 1985,
typical late -twentieth century subdivisions (some of them gated) were proliferating in
West Clay Township.46 Unlike the first subdivisions in the area, which were laid out in
linear or grid -like configurations, these later developments featured winding streets, cul-
de-sacs, and retention ponds. Examples in existence by the period between 1985 and
1995 include Walnut Creek Woods, Windermere, and Coppergate.47 Still, much
farmland remained intact along W. 106th Street at that time.48
Between 1995 and 2018, suburban development has continued at a rapid pace on the
land surrounding the historic district. To the north and west of the parcel containing the
Larsen -Dunwoody House, former farmland has been turned into middle-income
residential subdivisions, including the Village at Weston Place, the Park at Weston
Place, and the Townes at Weston Place. Upscale developments of single-family homes
have been constructed on most of the remaining former farmland along W. 1061h Street
between U.S. 421 and U.S. 31, while the nearby segments of 421 itself are now lined
with strip malls and low-rise office buildings.
Carmel, Indiana
Bethlehem, Indiana, straddling the line between Clay and Delaware Townships in
Hamilton County, was first platted in 1837 by Daniel Warren, Alexander Mills, John
Phelps, and Seth Green .49 Located 14 miles north of Indianapolis and six miles west of
Hamilton County seat Noblesville, the settlement was originally started by Quakers who
41 "Family Room is Special Feature," Indianapolis Star (Indianapolis, IN), March 16, 1962, p. 10.
Accessed online January 29, 2018
http://indystar.newspapers.com/image/311978042/?terms=Annally+Downs+quiet+wooded+comfortable
42 Ibid.
43 Hamilton County, Indiana in 1962 [aerial photograph]
44 "Crooked Stick Golf Club," accessed January 30, 2018. http://www.crookedstick.org/About-Us/History.
45 Hamilton County, Indiana in 1974 [aerial photograph]. Scale not given. Accessed January 22, 2018
hftp://qis.hamiltoncounty.in.gov/FlexViewer/Index.html.
46 Hamilton County, Indiana in 1985 [aerial photograph]; Hamilton County, Indiana in 1994 [aerial
photograph]. Scale not given. Accessed January 22, 2018
http://qis.hamiItoncounty.in.gov/FlexViewer/Index.htm1.
47 Ibid.
48 Ibid.
49 John F. Haines, History of Hamilton County Indiana (Indianapolis: B.F. Bowen & Co., 1915), 274.
left the Carolinas during the 1820s, drawn to central Indiana's rich agricultural land.
The town slowly grew, with additional lots platted throughout the 1840s and 1850s.
When the town was granted a post office in 1846, city officials discovered that a
Bethlehem Post Office already existed in Indiana so another biblical name, Carmel, was
chosen. Eventually the town petitioned for incorporation under the new name in 1874,
officially becoming the town of Carmel.50
so Ibid., 275.
10
BOUNDARY MAP OF THE HISTORIC
DISTRICT
Figure 1. Red line highlights CHPC boundary of the Larsen -Dunwoody House
Historic District, which is consistent with the boundary for Parcel 17-13-06-00-00-027.000.
Larsen -Dunwoody
House
W. 1061h Street Right -of -Way
Larsen -Dunwoody House
Historic District
(3740 W. 106th St.)
Historic ED
Notable N
Contributing C
District Boundary
*Legal boundary description of easement included in Appendix II
A N
11
PHYSICAL DESCRIPTION
The Larsen -Dunwoody House is a front -gabled two-story Tudor Revival with a
rectangular footprint and a primary north -south axis. Its south facade faces W. 106th
Street, and the primary entrance is located on its west facade. The house is clad in
brick at the level of the first floor, while most of the second -floor facades are clad in
stucco and half-timbering. All windows are surmounted by wood lintels that are tapered
at their ends, widening slightly from top to bottom.
The south facade has two windows at the level of the first floor, each comprising two
operating casements separated by a mullion. Each casement has a single panel of
glazing subdivided into fifteen lights by leading on its interior surface; these windows are
original. At the level of the first floor, the facade is faced in brick. To the left (west) of
the south wall is the south side of the front porch — only one bay wide on this facade.
The bay is framed by a single square -hewn post at its west end and by a pilaster at its
east end — each member reinforced by a diagonal brace at the top. Marking the side of
the porch roof is a half -gable equal in pitch to the steep main gable of the south facade.
At the level of the second floor, the facade overhangs the first -floor wall in garrison
fashion — a row of scrolled wood corbels negotiating the change in plane. Centered in
the facade at this level is a window composed of two casements separated by a mullion.
Each casement is glazed with a single panel divided into a diamond -paned pattern by
faux leading on its interior face. The facade is clad in stucco and half-timbering up to
the top of the window. Above the window, the gable is clad in smooth cedar clapboard
siding.
The west facade is divided into two major segments. At the left (north) end is a
segment defined by a one-story gabled projection, clad in brick. At the center of the
projection is a pair of casement windows separated by a mullion. Leading divides the
glazing of each casement into fifteen lights on its interior surface. Centered in the gable
above the first -floor windows is a single casement window with a single undivided pane
of glass. Located to the right (south) of the gabled projection, the second segment of
the west side is dominated by the front porch, which spans the remainder of the facade.
Posts and pilasters as described above divide the porch into two bays on this facade.
The northern bay frames the front door, while the southern bay frames a rank of three
casement windows divided by mullions. As with other first floor windows on the home,
the glazing of each casement is divided into fifteen lights by leading on its interior face.
On the west facade, the second floor is contained beneath the slope of the front -gabled
roof. The south marked by two gabled dormers, each including a typical window
composed of two casements separated by a mullion. The glazing of each casement is
subdivided into diamond panes by faux leading on its interior surface.
Three major segments constitute the east facade. At the center is a gabled projection
with a ribbon of three original leaded casement windows at the level of the first floor and
a typical pair of casement windows divided into diamond panes by faux leading
centered at the level of the second floor, where the face projects slightly proud of the
first -floor facade below. To the south of the gabled central segment is a bay with
12
another rank of three original casement windows at the level of the first floor and
another pair of casement windows centered at the level of the second floor. The top of
the second -floor window rises above the fascia -line of the roof and is surmounted by a
gabled roof that dies into the main roof mass. The northernmost segment of the fagade
is identical with the southernmost segment at the level of the second floor. At the level
of the first floor, the segment has a pair of casement windows set high in the wall
(above the kitchen sink), each divided into twelve lights by leading on the interior
surfaces of the glazing.
On the north fagade at the level of the first floor is a secondary entrance (effectively the
rear entrance of the home) placed slightly off center, toward the right (west) side.
Sheltering the door is a flared metal hood. To the left (east) of the door is another pair
of twelve -light casement windows set high in the wall. To the right (west) of the door is
a single casement window, also set high in the wall. At the level of the second floor, the
north fagade is identical with the south fagade.
Located to the northwest of the historic house, the garage is a single -story structure
clad in wood clapboard siding with a side -gabled roof, the ridge of which runs east -west.
A shed roof extends across the north side of the structure at a lower pitch than the side -
gabled roof. The garage is loaded through two single -car doors on its south side. The
doors are placed slightly off -center, accommodating a storage space at the east end of
the garage. On the east fagade of the garage is a service door leading into the storage
area. The door is covered in buckled wood siding. There are no doors or windows on
the north or west facades of the structure.
To the north of the garage is the property's historic corn bin. It is a cylindrical structure
approximately 12 -feet in diameter and faced in corrugated sheet metal with horizontal
ribbing with a door of the same material at the south end. A conical standing -seam
metal roof with a shallow pitch caps the outbuilding. At the apex of the roof is a metal
vent pipe.
13
PRESERVATION OBJECTIVES
The subject structure, exterior features of the site and architectural and historic
character thereof shall be preserved as a significant resource of Carmel.
Preservation Criteria
1. Any development, construction, reconstruction, or alteration of the subject exterior
structure or site shall be appropriate to the property's historic and architectural
values and significance.
2. Any development, construction, reconstruction, or alteration to the exterior shall be
visually compatible and appropriate in function, general design, arrangement, color,
texture, and materials to the design and character of the subject property.
3. The latest edition Secretary of the Interior's Guidelines for Rehabilitation can be used
as a
resource when determining proper techniques to meet the above preservation
criteria.
14
ARCHITECTURAL AND DESIGN
STANDARDS
Purpose of Architectural and Design Standards
These standards are intended to assist the property owner of the Larsen -Dunwoody
House in choosing an appropriate approach to issues which arise when working on or
developing this historic property. The standards are not meant to restrict creativity, but
rather are meant to suggest appropriate approaches and to guard against
unsympathetic
actions.
Each standard contains a set of guidelines that provide recommended and not
recommended approaches to specific kinds of work to be undertaken.
Certificates of Appropriateness (COAs)
The Carmel Historic Preservation Commission (CHPC) grants approvals by issuing
Certificates of Appropriateness (COA). The CHPC uses the design standards when it
reviews and makes decisions regarding alterations, new construction, reconstruction,
and demolition.
The CHPC's Statutory Authority to Approve
A state statute (I.C. 36-7-11) authorizes the CHPC to review and approve the following
actions before they occur in a district:
• Construction of any structure
• Reconstruction of any structure
• Alteration of any structure
• Demolition of any structure
Unless otherwise stated in this plan, it is presumed that all actions related to the above
four items MUST BE APPROVED by the CHPC and it is presumed that related design
guidelines are enforceable.
15
The CHPC's Jurisdiction
The historic area as defined on pages 3-4 in this preservation plan is the site of two
buildings, the "house" and "the garage" (a detached parking structure).
The "house" is of a basic rectangular form measuring approximately 25 x 40 feet. The
"garage" is also of a basic rectangular form measuring approximately 24 x 28 feet. The
"corn bin" is of cylindrical form with a conical roof and measures approximately twelve
(12) feel in diameter. All three structures retain a high degree of integrity, and the
"house" is a significant local example of early 20th -century Tudor Revival architecture,
while the "corn bin" is a significant local example of a rural outbuilding.
Under the 3740 W. 106th St. Historic District Preservation Plan, the CHPC does not
have any authority over the interior of the building or any interior furnishings and
elements.
16
GUIDELINES FOR RENOVATING
3740 W. 106TH ST
Accessibility
The City of Carmel recognizes the need to accommodate and include persons with
disabilities to the greatest extent possible. With regard to historic areas, the goal is to
facilitate universal access for all persons without destroying a building's historic and
architecturally significant materials and character defining features. When modifying
an existing building to provide accessibility, the following guidelines should be followed:
RECOMMENDED:
1. The new element or alteration will have as little visual impact as possible on the historic
character of the building.
2. The new element or alteration shall be easily reversible (i.e., impermanent) such that it could
be removed to return the building to its original appearance.
3. Ramps shall be carefully designed and located to preserve the building's character.
4. Materials for ramps shall be compatible with the building. If painted or stained, wood
ramps shall be painted or stained to match the building.
6. Handrails will be made of metal or wood. Wire or cable handrails are not appropriate.
7. Lifts shall be as inconspicuous as possible. If feasible, lifts will disappear into the ground, be
built into another feature, or painted to match the adjoining materials.
8. Ramps, lifts, etc. can be screened with landscaping.
9. If an existing door opening is too narrow to accommodate a wheelchair and its alteration
would significantly diminish the historic integrity and character of the building or result in the loss
of a significant historic door, consider installing off -set door hinges to increase the effective
width of the door opening without physically altering it.
10. Consider installing automatic door openers or frictionless hinges to make doors easier to
open.
11. Accessibility components shall be:
A. temporary,
B. not destroy historic fabric, and
C. be of materials and/or color that has the least visual impact on the historic structure.
NOT RECOMMENDED:
1. Unnecessarily covering significant architectural details or damaging historic material.
Note: The CHPC is not responsible for ensuring that applicants meet federal, state and local accessibility
requirements. The recommendations in this plan are guidelines and are not descriptions of legal
requirements regarding accessibility. Consult the local building code and state and federal laws and
regulations to determine legal requirements for accessibility
17
Doors and Door Openings
RECOMMENDED:
1. Original doors shall be repaired and retained, or if beyond repair, replicated.
2. If an original door is lost, its replacement will reflect the character and style of the building.
3. If an alteration to a door opening must be made, it shall be done with as little effect on the
historic character of the building as possible.
NOT RECOMMENDED:
1. Eliminating original or adding new door openings, especially on significant elevations. Any
new openings should be distinguishable from the original openings.
2. Changing the original size and shape of door openings.
Masonry
RECOMMENDED:
1. Identify and stop the causes of damaged masonry before undertaking repairs.
2. If mortar is missing or loose, the joints shall be cleaned out with care so as not to damage the
brick or stone.
3. Repoint using a mortar mix that closely matches the composition, joint profile and color of
the original. An expert will be consulted to assure the proper mortar is used.
4. Whenever replacement brick or stone is needed, use salvaged or new material which closely
matches the original in size, color, uniformity and texture.
5. Any cleaning shall be done using the gentlest method possible and will be stopped at the first
evidence of damage to masonry. Test patches shall be used to assess the effect of any
proposed cleaning method.
6. If historic chimney pots are damaged, an effort should be made to repair rather than replace
the features. If it is determined that the chimney pots cannot be repaired, they should be
replaced with new chimney pots that resemble the originals as closely as possible in size,
shape, color, and materials.
7. If chimney cowls are installed to deter the ingress of vermin, they should be compatible with
the historic chimney pots in size, shape, scale, color, materials, and overall design character.
NOT RECOMMENDED:
1. Power grinders. The mechanical equipment is cumbersome and even the most skilled
worker will tire or slip and cause irreversible damage.
2. Sandblasting, high pressure water blasting (over 600 psi), grinding, and harsh chemicals.
3. Painting, waterproof and water repellent coatings, unless masonry has been previously
treated. They are generally not needed and can potentially cause serious damage to the
masonry. Also avoid covering masonry with tar or cement coatings.
18
Wood
RECOMMENDED:
1. Identify and stop the causes of damaged wood before undertaking repairs.
2. Retain coatings, including paint, which protect the wood from moisture and weathering.
3. Repair wood features by patching, piecing -in, or limited replacement in-kind using
remaining elements as prototypes.
4. Replace any wood that cannot be repaired with in-kind material that matches the original in
size, profile, and texture. Any clapboard siding replaced on the house should be of smooth
cedar.
NOT RECOMMENDED:
1. Stripping paint and varnish to bare wood.
2. Utilizing substitute materials that do not convey the visual appearance of existing wood
features or are not physically or chemically compatible.
Stucco
RECOMMENDED:
1. Maintain existing material rather than replacing. If material is sufficiently deteriorated to
warrant replacement, use an in-kind stucco and substrate. Any replacement stucco
should match the existing material in texture, luster, and dimensions.
NOT RECOMMENDED:
1. Replacement of stucco with a non -stucco material or a stucco that does not match.
19
Paint
RECOMMENDED:
1. Gently remove all loose, flaking paint and clean the surface before repainting. It is not
necessary to remove all old paint as long as it is firmly fixed to the surface.
NOT RECOMMENDED:
1. Any type of permanent coating system.
2. Waterblasting and other forms of abrasive cleaning as a method of paint removal.
3. Painting any previously unpainted masonry
Roofs and Roof Elements
RECOMMENDED:
1. Asphalt shingle material should be used for roof replacements unless owner wishes to install
another roofing material that is documented to have been used on the house historically.
2. Mechanical and service equipment (such as condensers, transformers or solar collectors)
shall not be installed on the roof, other exterior surfaces, or other locations on the property
where they would be visible from the public right-of-way.
3. Original chimneys that contribute to the roof character shall be repaired and retained. If no
longer in use, they shall be capped rather than removed.
NOT RECOMMENDED:
1. Altering a roof slope and shape in a way that changes the historic character of the building.
2. Adding dormers or roof sheds which change the significant character of the building.
3. Expanding or connecting existing dormers.
4. Adding skylights visible from a public right-of-way.
5. Placing roof vents, metal chimneys, antennas, solar panels, satellite dishes (over 18 inches),
air conditioning units, and other mechanical equipment where visible from the street.
6. Covering roof in an inappropriate material, such as standing -seam metal or similar products.
20
Security Items
RECOMMENDED:
1. Security devices that will not detract from the character of the building and surrounding
area. Acceptable examples include installing locks on windows and doors, installing alarm
systems, and installing lighting.
2. If a security door is necessary, it is recommended the security doors will:
a. have as few bars as possible,
b. be simple in design with no decorative details,
c. fit the door opening exactly, without alteration to the door frame, and
d. painted to match the door it protects.
3. Consider installing fixed bars on the inside of basement windows because of their minimal
impact to the character of a building.
NOT RECOMMENDED:
1. Overly decorative security doors.
2. Exterior folding gates on the front of the building.
21
Windows and Window Openings
RECOMMENDED:
1. Windows define architectural character and historic significance. Original materials and
features will be retained. The house contains two original tripartite window groupings -- one in
the Living Room and one in the Dining Room — with true leaded glass. These features shall be
retained and not replaced.
2. Window replacement shall be considered only when one of the following conditions exist
and can be documented:
a. The existing windows are not original and are not significant.
b. The condition is so deteriorated that repair is not economically feasible.
3. Rather than replacing windows to attain energy efficiency, existing windows shall be
repaired and retrofitted using caulk, weather-stripping, modern mechanical parts, and
storm windows. Some windows can be slightly altered to accept insulated glass.
4. Storm windows may be of any material, provided the finished product is the same color as
the underlying window frame. They should be as invisible and unnoticeable as possible from the
exterior of the house.
5. Original window trim shall be preserved and retained. Badly deteriorated sections shall be
replaced to match the original.
6. Historic decorative/stained glass windows are important architectural features. Every effort
will be made to retain them, and maintain and repair them in an appropriate manner.
7. Any replacement glazing shall be outfitted on its inside surface with a diamond -paned
leading pattern compatible in appearance with the leading on the original windows of the house.
8. Original windows that have been removed and stored in the garage during ownership of
Evelyn Dunwoody should be retained on the site and stored in a dry and pest -free location such
that they could be restored and reinstalled at a future date.
NOT RECOMMENDED:
1. Replacement windows not similar to the original in size, dimension, shape, design, pattern,
and material.
2. Creating new window openings or eliminating original window openings. This will be
considered only when necessary. Avoid doing so on significant, highly visible facades.
22
Lighting
RECOMMENDED:
1. The guidelines do not provide specific requirements for exterior lighting; however,
homeowners are encouraged to select fixtures that complement the character of the
house when choosing replacement lighting.
NOT RECOMMENDED:
1. Light fixtures that shine upward, contributing to light pollution.
Porches and Stoops
RECOMMENDED:
1. Existing porches (specifically the west porch) shall be retained without alteration to their
character.
2. Existing stoops may be altered or removed as needed.
NOT RECOMMENDED:
1. Alteration, removal, or enclosure of west porch.
PUBLIC INFRASTRUCTURE
EXEMPT FROM REVIEW AND APPROVAL
(No Certificate of Appropriateness (COA) required):
Repaving of streets in the same manner and with the same materials
as existing. Replacement of existing light poles and fixtures with new ones to
match.
RECOMMENDED:
1. Maintain the current configuration of streets and sidewalks.
2. New public street lights shall be compatible with the history of the historic area.
NOT RECOMMENDED:
1. Widening streets or sidewalks when there is a negative impact on the character of the
historic area.
23
GUIDELINES FOR DEMOLITION AND INFILL
CONSTRUCTION
Introduction
This section explains the type of work considered in this plan to be demolition to be used when
reviewing applications for Certificates of Appropriateness that include demolition. Before
receiving any permits or undertaking any work that constitutes demolition, a Certificate of
Appropriateness from the Carmel Historic Preservation Commission must be issued.
Definition
For the purpose of this plan, demolition shall be defined as the razing, wrecking or removal by
any means of the entire or partial exterior of a structure. The following examples are meant to
help define demolition and are not all-inclusive:
1. The razing, wrecking or removal of a total structure.
2. The razing, wrecking or removal of part of a structure, resulting in a reduction in its mass,
height or volume.
3. The razing, wrecking or removal of an enclosed or open addition.
Some work that may otherwise be considered demolition may be considered rehabilitation, if
done in conjunction with a CHPC Certificate of Appropriateness for rehabilitation.
Examples include:
1. The removal or destruction of exterior siding and face material, exterior surface trim,
and portions of exterior walls.
2. The removal or destruction of those elements which provide enclosure at openings in any
exterior wall (e.g., window units, doors, panels).
3. The removal or destruction of architectural, decorative or structural features and
elements which are attached to the exterior of a structure (e.g., parapets, cornices,
brackets, chimneys).
Examples of work not included in demolition:
1. Any work on the interior of a structure.
2. The removal of small exterior elements of the structure that are not structurally
integrated with the main structure and are generally considered rehabilitation, such as
utility and mechanical equipment, awnings, gutters, downspouts, light fixtures, fire
escapes, signs, paint, fencing, sidewalks, streets, curbs, landscaping, asphalt, and clear
glass with no historic markings. Such work may require a Certificate of Appropriateness
under other guidelines in this plan.
24
Approval
The CHPC requires a Certificate of Appropriateness for demolition if any of the proposed
activities include razing, wrecking or removal of any part of the historic house, the garage, or
the corn bin. The CHPC may ask interested individuals or organizations for assistance in
seeking an alternative to demolition. The Commission will also consider how the loss of a
building, or a portion thereof, will affect the character of the surrounding area, and in the
case of partial demolition, the building itself.
The CHPC will consider issuing a Certificate of Appropriateness for the full or partial
demolition of a building within the historic district only if one or more of the following are true:
1. The structure poses an immediate and substantial threat to the public safety.
2. The historic or architectural significance of the structure or part thereof is such that, in the
Commission's opinion, it does not contribute to the historic character of the structure and
the historic area, or the context thereof.
3. The demolition is necessary to allow new development which, in the Commission's
opinion, is
of greater significance to the preservation of the historic area than its retention of the
structure, or portion thereof, for which demolition is sought.
4. The structure or property cannot be put to any reasonable economically beneficial use for
which it is or may be reasonably adapted without approval of demolition.
When evaluating a proposal for demolition, the CHPC shall consider the following criteria for
demolition as guidelines for determining appropriate action:
CONDITION
Demolition of a historic building may be justified by condition. In certain instances demolition
of selective parts of the building may be authorized after proper evaluation by the Carmel
Historic Preservation Commission.
SIGNIFICANCE
The Commission has the responsibility of determining the significance of a structure. With
the adoption of this plan, the commission has determined:
1. The 1929 house is contributing to the architectural and historical significance of the site,
and
2. The detached garage is contributing to the architectural significance of the site.
3. The corn bin is contributing to the architectural and historical significance of the site.
The Commission will also consider how the loss of a building, or a portion thereof, will affect
the character of the surrounding area, and in the case of partial demolition, the building
itself.
25
REPLACEMENT
Demolition of a structure may be justified when, in the opinion of the Commission, the
proposed new development with which it will be replaced is of greater significance to the
preservation of the area than retention of the existing structure. This will only be the case
when the structure to be demolished is not of material significance, the loss of the structure
will have minimal effect on the historic character of the area, and the new development will
be compatible, appropriate and beneficial to the area.
To afford the Commission the ability to consider demolition on the basis of replacement
development, the applicant shall submit the following information as required by the
Commission or its staff:
1. Proposed elevations and floor plans.
2. A scaled streetscape drawing showing the new development in its context (usually
including at least two buildings on either side).
3. A site plan showing the structure(s) to be demolished and the new development.
4. A written description of the new development.
5. A time schedule for construction and evidence that the new construction will occur.
6. Any other information which would assist the Commission in determining the
appropriateness of the new development and its value relative to the existing structure(s).
Infill Construction
An individually designated historic building demonstrates a higher level of significance.
Designing an addition or new construction within the historic district will require a higher
level of scrutiny by the Commission to ensure the historic building retains its individual
significance. One of the purposes of design review is to ensure that any negative visual
impact of new construction is eliminated or minimized. In the best situation, new construction
can aid in the understanding of the district. Aspirations for new construction in a historic
district are:
1. To maintain the character of the district;
2. To Reinforce the integrity of the district;
3. Not to impede the sense of time and place created by the district.
The basic test for any new construction, both additions and infill structures is: How does the
project affect the ability to perceive the district's sense of time and place? A new building
that hinders this perception is unacceptable. It is generally the policy of the Carmel Historic
Preservation Commission that contemporary and compatible new design is preferred to
overly replicative design. Respecting the characteristics of the district is more important
than replicating its architectural form.
0
SIZE AND SCALE
The overall mass of a new building or addition should convey a sense of human scale. A
new building will be respectful of the current size and scale of the historic building(s) within
the district. New construction shall appear similar in height and width to the historic building
and maintain the current views of the house. New construction should not overpower any of
the existing historic buildings on the site. New accessory structures on the site shall not be
taller than the house.
ROOFLINE
The roofline of any new construction in the district should match as closely as possible the
gabled form and pitch of the roof of the house.
MATERIALS
Exterior materials used on new construction should be the same as those found on the
historic house, namely, brick, wood, and stucco with faux half-timbering. Materials should
be used in the design such that the new construction is distinguishable from the old but still
visually compatible with the historic structure(s) in the district.
DOORS AND WINDOWS
Doors and windows in new construction should be compatible with doors and windows of
existing historic structures on the site in terms of size, scale, proportion, materials, spacing,
and orientation.
BREEZEWAYS
Construction of a breezeway is permitted between the north fagade and the garage or any
future accessory structure. Any new breezeway should be compatible in character and
materials with the house but should still be distinguishable from the historic structure(s).
27
GUIDELINES FOR ADDITIONS
Additions are permitted on the north side of the house, provided that they are designed
according to the above guidelines for infill construction. No enclosed additions on the
south, east, or west sides shall be permitted, but the guidelines allow for the addition of
a porch or terrace on the east side. Additions must be compatible in character (both
design and materials) with the existing house. The roof of any new construction should
be of the same pitch as the roof on the original house.
SITE DEVELOPMENT AND LANDSCAPING
Walls and Fences:
No specific stipulations for the construction of new walls or fences are set forth in these
guidelines. Owners of the property shall follow all other City regulations and permitting
requirements pertaining to walls and fences. However, it is encouraged that historic
stone retaining walls surrounding landscaping beds be preserved.
Trees and Landscaping
RECOMMENDED:
1. Mature trees shall be protected and retained. A mature tree shall be defined as follows:
a) a shade tree with a trunk at least 12 -inches in diameter,
b) an ornamental tree with a trunk at least 4 -inches in diameter or fifteen feet in
height, or
c) an evergreen tree with a trunk at least 8 -inches in diameter or fifteen feet in height.
2. Landscaping in front of house apart from trees may be removed and replaced as
desired, as long as it does not obscure the visibility of historic facades from the public
right of way.
NOT RECOMMENDED:
1. Removal of mature trees.
2. Removal of other existing landscape features without prompt replacement of those
features with similar elements.
28
Subdivision
Subdivision of the existing property is discouraged under the guidelines, as the existing
size of the parcel is essential to the character of the property. Any proposal to
subdivide the property shall require a Certificate of Appropriateness.
RECOMMENDED:
1. Maintaining existing parcel size and boundaries
NOT RECOMMENDED:
1. Subdividing the existing parcel into smaller properties
Walkways and Automobile Areas
RECOMMENDED:
1. Changes to the course of walkways and driveways are not restricted under the design
guidelines, but it is suggested that any paving material be compatible with the historic
character of the district.
NOT RECOMMENDED:
1. Significant increases in the surface area of the district covered by pavement.
29
_ t
• ii1A�
ViA
r
-Ai - :
\ :.?'M17. 'y
C-*
ins.
le
OA
t.
Appendix 1, Figure S: North fopode, looking south
Appendix 1, Figure 6: Garage, south and east facades, looking northwest
Appendix 1, Figure 7: West and south facades, looking northeast
34
F
.\_j Pp+ � �ia'Y ..4 . � `tJ '. , ✓ � 1�� r�X, "per. rZ �^'
Appendix 1, Figure 8: Com bin, looking northwest
35
APPENDIX II: PANHANDLE EASTERN PIPELINE EASEMENT DOCUMENTS
THIS SPACE INTENTIONALLY LEFT BLANK
36
dd
Hamilton. Indiana __ z
For and in consideration of ONE DOLLAR to .....
YA�t.Qe__in hand paid, receipt of 'w,hich is hereby
acknowledged, and the further consideration of fty cents per lineal r , to be paid when the grant herein-
after provided shall be used or occupied.__ _•____-- 4 . _—.
(hereinafter called the Grantor..__) do ------- . hereby grant to INDIANA GAS TRANSMISSION COR
PORATION (hereinafter called the Grantee), its grantees, successors and assigns, the right to lay, maintain,
operate, repair, replace, change the size of, and remove a pipe line, together with valves and other necessary
appurtenances, on a certain__Qacre tract of land, situate ;n S etion No. ______b
Twp. No._! North, Range No__'3 �" _----, in_. ' `' �'` a____.__—Township,
Count�y,, and State ofndiana, botmded as follows:
On the North by lands of __
—_
_._
On the East by lands of_-- __.._.._---_•-----------_-••-—n-n_-----•-- On the South by lands of
On the West by lands of -- - --= —------------ -------------- —------------------------
.—.—------ — With the right of ingress and egress to and from the same; the said Grantor_— to fully use and enjoy the said
premises, except for the purpose hereinbefore granted to the said Grantee. Said pipe to be buried so as not to interfere
with the cultivation of the land, and said Grantee to pay any damages which may arise to crops and fences from the
laying, maintaining, repairing, replacing, operating and final removing of said pipe line; said damages, if not mutually
agreed upon, to be ascertained and determined by three disinterested persons, one thereof to be appointed by the said
Grantor__, one to be appointed by the said Grantee, and the third to be chosen by the two so appointed, and the award
of such three persons shall be final and conclusive. Md the said Grantee, its grantees, successors and assigns, is hereby
further granted the right at any time to lay, maintain, operate, repair, replace and remove a second line of pipe along.
side of the first line as herein provided, upon the payment of alike consideration, and subject to the same conditions.
�'It is agreed that, after said line is constructed as herein provided, and during the time it is used for the transporta-
tion of gas through the premises, arrangements will be made whereby the Grantors, their grantees, heirs or assigns, shall
have the right to purchase gas through one tap therefrom on mid tract, for use on the tract above described It is under.
stood and agreed that said pipe line is a transportation line and not a distribution line and that whenever said Grantee,
its grantees, successors or assigns, shall temporarily cease to use, remove or abandon, said line, the Grantors right to pur-
chase gas therefrom shall cease and terminate.
Payment of all moneys falling due .hereunder may be made to
in ency, or by check made payable the order of �` _—_and mailed to
at
In Witness said Gra-to---h-dr her -unto set hand
day of A. D., 193r—.-..
ed acknowledge
Si .._.
in e cc of
The State of Indiana, BOOnP.. County, as.
Personally appeared before me, a notary public _ is and for
said County and State, Edward J. Larsen who acknowledged
the signing of the foregoing instrument to be his_____ voluntary act and deed for the uses and purposes
therein mentioned.
official
In Testimony Whereof, I have hereunto set my hand and affixed my seal,
this
titis 10th day of December , D. 9
My commission empires 3-5-1938.
This instrument was Med for record
A?
on the41.2 ... eay
duly jcco,�e'
vne..JR3. 7 xCf LIS 1=:6s of this office.
: 911
.0".116 :SAGA -118
AMENDMENT OF AGREEMEN'l3 FOR RIGHT-OF-WAY
AND RIGHT-OF-WAY GRANTS
THIS AGI'EEMENT, Made as of the _ �0 day of AIIL-
1970, by and between Joe Cohn, an unmarried adult, hereinafter
referred to as "Grantor", and Panhandle Eastern Pipe Line Company,
a corporation, having an office at 3444 Broadway, Kansas City,
Missouri, hereinafter referred to as "Grantee".
WITNESSETH:
THAT WHEREAS, Grantor re_�resents that he is the present
owner of a certain parcel of land, hereinafter referred to as
"TRACT A", situated in Hamilton County in the State of Indiana,
described as follows:
TRACT A: Part of the South Half of Section Six (6), Township
Seventeen (17) North, Range Three (3) East, in Hamilton
County, Indiana, more particularly described as follows;
Beginning at a point on the South line of said Section
6, Township 17 North, Range 3 East, 1065.39 feet East
of the Southwest corner of said Section Six, running
thence East in and along said South line 2526.21 feet
to a point; thence North parallel to the East line of
the East Half of the West Half of the Southeast Quar-
ter of said Section Six a distance of 217.'80 feet to a
point; thence East parallel with said South line 200.0
feet to a point in said East line; thence North in and
along seid East line 21136.20 feet to a uoint on the
North line of said Southeast Quarter Section; running
thence [lest in and along sail North line 664.0 feet to
a point in the West line of the East Half of the West
Half of said Southeast Quarter Section; running thence
South in and along said West line 674 feet, more or
less, to a point; thence West -parallel with the South
line of said Section 1392.60 feet to a point; said
point being 1980 feet North of the South line of szid
Section 6; thence South 74.91 feet to a point; thence
West parallel with the South line of said Section
1323.52 feet to a point in the center line of U. S.
Road Number 421 as now located; thence South 160-8'
East 230.34 feet to a point; thence South 170-6' East
316.47 feet to a point; thence South 170-58' East
208.89 feet to a point; thence South 180-40' East
275.88 feet to a point; thence South 190-50' East 37=.91
feet to a point; said point being 570.24 feet North of -
the South line of said Section 6; and also being in the
center line of said U. S. Road 421; thence southeasterly
in and along said center line for a distance of 606.75
feet to the place of beginnin;, said.. rloi.nt being alcc)
the intersection of the centerline of U.S. Road 421. =nd
'.^lest 106th Street es n --),..r located in Ha ailton County,
Indian:, containing in all 146.52 acres, more or less
which said TRACT A is subject, 104ONG OTHER LAND, to the follo,.:ing
described Agreements for night -of -Way and Right -of -Way Grants:
Af�( EACB1i1`� _..a
(1) Agreement for Right -of -Way •MK. A
� dated October 10,
1935, made by Edward J. Larsen, single, as grantor, in
favor of the Indiana Gas Transmission Corporation, its
grantees, successors and assigns, as grantee, recorded
in the office of the Recorder in and for Hamilton
County, Indiana., in Volume 32, page 243; and
(2) Agreement for Right -of --:Way elated December 5,
1935, made by Edward J. Larsen, unmarried, as grantor,
in favor of the Indiana Gas Transmission Corporation,
its grantees, successors and assigns, as grantee,
recorded in the office of the Recorder in and for
Hamilton County, Indiana, in Volume 32, page 295;
(3) Right -of -Way Grant dated September 28, 1950,
made by Edward J. Larsen, a single man, as grantor, in
favor of Grantee, its successors and assigns, as
grantee, recorded in the office of the Recorder in and
for Hamilton County, Indiana, in Book, 40, page 68-9; and
(4) Right -of -Way Grant dated February 23, 19.1,
made by Edward J. Larsen, a single man, as grantor, in
favor of Grantee, its successors and assigns, as grantee,
recorded in the office of the Recorder in and for Hamil-
ton County, Indiana, in Boo'; 40, page 255-6; and
(5) Right -of -Way Grant dated March 15, 1962, made
by Edward J. Larsen, a single man, as grantor, in favor
of Grantee, its successors end assigns, as grantee,
recorded in the office of the Recorder in and for
Hamilton County, Indiana, in Book 68, page 98-99;
and
WHEREAS, under and pursuant to the above described
Agreements for Right -of -Way and Right -of -Way Grants, there have
heretofore been constructed on, over, and across TRACT A four
high pressure, large diameter, interstate natural gas transmis-
sion pipelines owned, operated, ai3d cn<.intained by Grantee and
hereinafter referred to as Grantee's Line 100, Line 200, Line
300, and Line 400; and
WHEREAS, Grantee has succeeded to all of the right,
title, and interest of Indiana Gas Transmission Corporation in,
to, and under the above described Agreements for Right -of -Way
referred -to in Items (1) and (2) above; and
WHEREAS, Grantor has requested Grantee to release, sur-
render, and relinquish the aforesaid Agreements for Right -of -?Tay
and Right -of -Way Grants INSOFAR and INSOFAR ONLY as they cover
that portion of the aforesaid TRACT A which lies OUTSIDE of two
(2) certain strips of land hereinafter described.
NOW, MIEREFORE, in consideration of the premises and of
the mutual covenants and agreements herein contained, it is agreed
by and between the parties hereto as follows:
1. That Grantee shall, and by these presents does,
hereby release, surrender, and relinquish unto Grantor, his heirs,
successors and assigns, all of Grantee's right, title, and interest
�6=
in, to, and under the above described Agreements for Right -of -Way
and Right -of -Way Grants, INSOFAR and INSOFAR ONLY as they cover
that portion of TRACT A which lies outsice of ttao (2) certain
strips of land, on one of which said strips of land, hereinafter
referred to as Pipeline Easement "A", Grantee's Line 100 and Line
200 are located, and on the other of which said strips of land,
hereinafter referred to as Pipeline Easement "B", Grantee's Line
300 and Line 400 are located, which aforesaid two (2) strips of
land are described as follows:
[1] Pipeline Easement "A" -- Being a strip of land described
as follows:
Beginning at a point on the South line of Section Six, Town-
ship Seventeen North, Range Three East, Hamilton County,
Indiana, at a distance of 417.77 feet West of the East line
of the East Half -of the West Half of the Southeast Quarter
of said Section Six, thence deflecting to the right 1380-18'-45"
for a distance of 559.42 feet to a point in said East line,
thence North in and along said East line 199.30 feet to a
point; thence deflecting to the left 1320-05'-12" for a dis-
tance of 856.91 feet to a point in said South line; thence
East in and along said South line 213.74 feet to the place
of beginning, the Northwest boundary line of said Pipeline
Easement "A" being 50 feet northwest of and parallel to the
centerline of the Northwest pipeline (Line 100) located on
said Pipeline Easement "A" and the Southeast boundary line
of said Pipeline Easement "Ii" being 50 feet Southeast of and
parallel to the centerline of the Southeast pipeline (Line 200)
located on said Pipeline Easement "A".
[2] Pipeline Easement "B" -- Being a strip of land described
as follows:
Beginning at a point on the South line of Section Six, Town-
ship Seventeen North,. Range Three East, Hamilton County,
Indiana, at a distance of 947.87 feet West of the East line
of the East Half of the West Half of the Southeast Quarter
of said Section Six; thence deflecting to the right 1430-
32'-09" for a distance of 1225.38 feet to a point in said
East line; thence North in and along said East line 183.99
feet to a point; thence deflecting to the left 1260-O1'-02"
for a distance of 1434.22 feet to a point in said South line;
thence East in and along said South line 269.16 feet to the
place of beginning, the Northwest boundary line of said
Pipeline Easement "B", being 50 feet Northwest of and paral-
lel to the centerline of the Nortlnrest pipeline (Line 400)
located on said Pipeline Easement "B" and the Southeast
boundary line of said Pipeline Easement "B" being 50 feet
Southeast of and parallel to the centerline of the Southeast
pipeline (Line 300) located on said Pipeline Easement "B",
it being the intention of the parties hereto -to free all of the
above described TRACT A from and of the lien, encumbrance, and
burden of the above described Agreements for Right -of -Way and
Right -of -Way Grants, SAVE and EXCEPT as to the two (2) above
described strips of lane? comprising Pipeline Easement "A" and
Pipeline Easement "B", as to each of which said strips of land
the above described Agreements for Right -of -Way and Right-of-tp7ay
Grants, as herein modified and amended, SHALL REMAIN IN FULL
FORCE AND EFFECT. No release, surrender, or relinquishment of
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"M ---118 TA1 i21,
any part of the above described Agreements for Right -of -Way and
Right -of -Way Grants covering, affecting, or pertaining to any
land lying OUTSIDE of the boundaries of the above described
TRACT A is made or is intended to be made hereunder.
2. No house, garage; building, septic tank, drain Pipes,
trees, lake, reservoir, swimming pool, or other structure, facil-
ity, or tree -like growth shall be hereafter placed, erected, or
planted anywhere on the above described two (2) strips of land
(Pipeline Easement "A" and Pipeline Easement "B") reserved, as
aforesaid, by Grantee; provided, however, that Grantor shall have
the right to install or authorize the installation of utility
installations on said two (2) reserved strips of land (Pipeline
Easement "A" and Pipeline Easement "B") so long as such utility
installations are not placed parallel to and within ten (10) feet
of any of Grantee's aforesaid pipelines and so long as such util-
ity installations as may cross Grantee's aforesaid pipelines do
so under said pipelines and at approximate right angles thereto
and in such manner as not to interfere with, endanger, or damage
Grantee's aforesaid pipelines. _
3. No portion of the above described two (2) strips of -
land (Pipeline Easement "A" and Pipeline Easement "B".) reserved
by Grantee, as aforesaid, shall be utilized for the seating or
other accommodation of persons in connection with any gathering
of any sort, nor shall any portion of the above describes] two (2)
strips of land (Pipeline Easement "A" and Pipeline Easement "B")
lying within ten (10) feet of any of the aforesaid pipelines be
utilized for the parking of vehicles, and no impervious type pave-
ment in connection with the establishment or use of any vehicular
parking area shall be placed over or within ten (10) feet of any
of the aforesaid pipelines.
4. No cover or overburden shall be removed from any of
the aforesaid pipelines., nor shall any lateral or subjacent sup-
port be removed therefrom except temporarily and as an incident
to the installation of utilities hereinabove authorized to be
placed across said two (2) above-2escribed strips of land (Pipe-
line Easement "A" and Pipeline EasFment "B") or as an incident to
the construction of any railroad trach, street, sidewalk, drive-
way, road, alley, or curbing not constructed parallel to and within
ten (10) feet of any of the aforesaid pipelines, and Grantee shall,
in no event, except upon the conditions hereinafter referred to
in 5. below, be required to alter or change the level or position
of its aforesaid existing pipelines by reason of the exercise by
Grantor of any of the rights conferred on him under this Agree-
ment with respect to the two (2) above described strips of land
(Pipeline Easement "A" and Pipeline Ezsement "B") reserved, as
aforesaid, by Grantee.
5. No railroad track, street, sidewalk, driveway, road,
alley, or curbing shall be constructed substzntit.ily parallel to
and within ten (10) feet of the aforesaid pipelines. Nothing
herein, however, shall preclude Grantor, his heirs, successors,
or assigns, from constructing any railroad track, street, sidewalk,
driveway, road, alley, or curbing ACROSS Grantee's aforesaid riY'Je-
lines so long as said railroad track, street, sidewalk, driveway,
road, alley, or curbing shall cross Grzntee's aforesaid pipelines
at approximate right angles thereto; provided, however, that if
the proposed construction by Grantor, or his heirs, successors,
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or Essigns, of any railroad track, street, sidewalk, driveway,
road, alley, or curbing ACROSS either of the aforesaid two (2)
strips of land (Pipeline Easement "A" and Pipeline Easement "B")
would, in Grantee's opinion,. imperil eny of the aforesaid pipe-
lines, then Grantor, his heirs, successors, and assigns, shall
not proceed with such construction; provided further, however,
that Grantor, or his heirs, successors, or assigns, may proceed
with such proposed construction after (a) Grantor, or his heirs,
successors, or assigns, has entered into an agreement in form
satisfactory to Grantee to pay to and reimburse Grantee for all
direct and indirect costs and expenses of every sort and character
which would have to be incurred or expended by Grantee in connec-
tion with whatever protective work, for example, lowering, encas-
ing, adjusting., or otherwise altering any or all of the aforesaid
pipelines, might, in Grantee's opinion, be required to protect
its aforesaid pipelines from the. consequences of such proposed
construction, and (b) Grantee has had such reasonable period of
time as might be required by Grantee to complete such protective
work as may be covered by the aforesaid reimbursement agreement.
Grantee shall, at its own expense, accommodate such future pipe-
line as it may construct on either of the two (2) above described
strips of land (Pipeline Easement "A" and Pipeline Easement "B")
to any THEN EXISTING railroad tract:, street, sidewalk, driveway,
road, alley, or curbing located on and ACROSS either or both of
said two (2) above described strips of land (Pipeline Easement "A"
and Pipeline Easement "B").
As hereby modified, amended, and restricted, the above
described Agreements for Right-of-iiay and Right -of -Kay Grants,
insofar as they cover or pertain to either or both of the two (2)
above described strips of land (Pipeline Easement "A" and Pipe-
line Easement "B") are hereby confirmed and ratified.
This instrument shall be binding upon the parties hereto,
their heirs, successors, and assigns.
E7TSCUTED as of the day and year first hereinabove written.
p
AT3'E5T
D. A: Robertson,
Assistant Secretary
STATE OF -ANO/9Nr9 )
SS.
COUNTY OF /`%i}��c.✓
Joe Cohn
PANW/-iNDLE EASTERN PIPE LINE COMPANY
By /2%�2 Com-►
K. E. Ka.len,
Vice -Pres i�lcnt
BE IT RE.IEMBERED, that on this
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/ n
day of
11th 123
1970, before ;ne, a Notary Public in and for
the County and State aforesaid, duly commissioned and qualified,
personally appeared Joe Cohn, an unmarried adult, and acknowledged
the execution o.f the annexed instrument of writing.
IN WITNESS MEREOF, I have hereunto set my hand and
affixed my official seal the day and year aforesaid..
Tt3EOD06E R DA - NOt4yi ' 'i -
C) JJ
My Conmission expires: LOTARY FU9LIG, STATE OF INUTANA '
MY COMMISSION EXPIRES MAY 9, 1972 e
NCWC4111N1, NADONAL NOTARM PUBLIC A."WA •!n% -
' i
.1111ft•
STATE OF MISSOURI
) SS. WS !nstniment Recorded IA -v 30 19?°
COUNTY OF JACKSON ) CHARLOTTE E HALL, RECORDER HAMILTON COUNTY, IND.
I.a Notary Public in and for
the State . Cou y aforesaid, hereby certify that on this
day of 1970, the foregoing Amendment of Agree-
ments for Right-of-way and Right -of -Way. Grants was produced before
meb t� p : t' s, personally kno�,Tn to me, and acknowledged by
Vice -President of Panhandle Eastern
Pipe Line C mpany, to be the a t a I d -e, ofPanhandle Eastern Pipe
Line Company, and the said by nie beim.
duly sworn, did say that the seal of xed to said instrument is
the corporate seal of said corporation and that said instrument
was signed and sealed in behalf of said corporation by authority
of its Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year aforesaid.
ter: .p Nal;na L. Notary Public
C.
..-My . dmnL sgion expires:Ny Col1mLCEiJ 1,1j 2S, 1912
This instrument was prepared by Russell Voertman,
3444 Broadway, ICansas City, Alissouri.
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