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Date:
PETITION TO MODIFY COMMITMENTS MADE
IN A PREVIOUS PETITION TO CHANGE THE OFFICIAL ZONING MAP
AS INCORPORATED INTO THE CARMEL/CLAY ZONING ORDINANCE, ..d
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Docket No.:
Name of Owner: GPI at Carmel, L.P.
Phone No.: ( 317 ) 816- _ 9000
Address of Owner:
3815 River Crossing Parkway, Suite 350
Indianapolis, IN 46240
At tn: Harry F. Todd
:L5tr"'",e..1 Nt>. i iq ~ <' 'ltt S" /0/8
Record of Ownership: Deed Book: Page: Purchase Date: 8-25-99
Legal Description (Use additional'page[s] ifnecessary): See Exhibit "A" attached hereto.
C Addr fP rty In 1 d 1661 Sierra Springs, Indianapolis, IN 46280
ommon ess 0 rope vo ve : "
(Northwest Corner of 96th Street and Westfield Blvd.)
Detailed Description of the Modification of Commitments request~d: See Exhibit "B" attached
hereto.
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AFFIDA VIT
(I or We), being duly sworn, depose and saytbat (I or We) (am or are) the (owner or owners) of Fifty
Percent (50%) or more of the property involved in this application and that the foregoing signatures,
statements, and answers herein contained and the information herewith submitted are in all respects
true and correct to the best of (my or our) knowledge and belief.
GPI at Carmel, L. P. by its general partner, Gibraltar
Properties, Ine.by: ~ ?-.1iiJ
Name Name Harry F. Todd, Secretary and General Counsel
3815 River Ctossing~Parkway, Suite 350
Address Address
Indi~n&polis, IN 46240
City, State City, State
The applicant, correspondent, or agent (if different from owner or owners)
Name
Name
Telephone
Telephone
Date
Date
State ofIndiana
)
) SS:
)
County of Hamilton
Before me the undersigned, a Notary Public for Marion
(officer's county of residence)
County, State of Indiana, personally appeared Harry F. Todd
(name of person)
and
acknowledged the execution of the foregoing instrument this
~ ,W4J.oo,/
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day of
R;;M~\t~ lJ'fluo
(SEAL anCi Signature)
Dorothy Nan D'Orso
(printed or typed)
My commission expires: June 28, 2001
s:\formslapproval.app 08/98
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. Legal Description:
Tne South Half of the Southeast Quarter of Section 12, To~hip 17 North, Range 3
East, containing 80 acres (82295 acres, measured), more or less, in Hamilton County,
Indiana, excepting therefrom the following described real estate:
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North,
Range 3 East in Hamilton County, Indiana, described as follows:
Beginning on the West boundary of State Road 431, Nor'"J1. 00 degrees 19 minutes 25
seconds West (North 00 degrees 16 minutes ZJ seconds West measured, 2ssumed
bearing) 365.30 feet (along the East line of said Quarter Section) and South 89 degrees 40
minutes 3S seconds West 35.00 feet (South 89 degrees 43 minutes 33 seconds West 46.50
feet, measured) from the Southeast comer of said Half-Quarter Section; thence South 00
degrees 19 minutes 25 seconds East 297.00 feet (South 00 degrees 24 minutes 05 seconds
West 297 .32 feet, measured) along the West boundary of State Road 431; then~e South
42 degrees 06 minutes 58 seconds West 43.893 feet (South 30 degrees 54 minutes fJ7
seconds West 43.65 feet, measured) along the West boundary of State Road 431; thence
North 04 degrees 49 minutes 07 seconds East 330.75 teet (North 04 degrees 11 minutes
10 seconds East 335.67 feet, m~ed) to the point of beginning and containing 0.101
acre (0.076 acre, measured), more or less.
Also except, a part of the South Half of the Southeast Quarter of Section 12, Township
17 North, Range 3 East, in Hamilton County, Indiana, described as follows: Beginning
on the East boundary of the Monon Railroad, North 00 degrees 15 minutes 55 seconds
W~t 278.69 feet (along the West line of said Half-Quarter Section) and North 89 degrees
44 minutes 05 seconds East 33.00 feet from the Southwest comer of ~aid Half-Qua.rter
Section; thence North 00 degrees 15 minutes 55 seconds West 417.30 feet along the East
boundaiy of the Manon Railroad; thence South 69 degrees 25 minutes 3S seconds East
464.72 feet; thence South 66 degrees 52 minutes 54 seconds East 450.44 feet; thence
South 63 degrees 42 minutes 57 seconds East 452.24 feet; thence South 69 degrees 25
minutes 35 seconds East 430.34 feet (44269 feet, measured) to the North boundary of
9~th Street; thence North 89 degrees 32 minutes 45 seconds West (North 89 degrees 26
minutes 54 seconds West, measured) 848.44 feet along the North boundary of 96th
Street, thence North 72 degrees 12 minutes 08 seconds West 684..45 feet (North 72
degrees 16 minutes 02 seconds West 696.39 feet, measured); thence North 69 degrees 25
minutes 35 seconds West 166.16 feet to the point of beginning and containing 10.657
acres (10.749 acres, measured), more or less. The above desc::i:ed real estate contair.s a
net acreage oE 71.470 aces, more or less.
Except:
Page 1 of 3
Exhibit "A"
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A part of the Southeast Quarter of Section 12. Township 17 North. Range
3 East. Hamilton County. Indiana. being more particularly described as
follows:
Beginning at the southeast corner of the Southeast Quarter of Section
12. Township 17 North. Range 3 East. Hamilton County. Indiana; thence
North 00 degrees 16 minutes 27 seconds West (assumed bearing) on the
east line of said Southeast Quarter 395.46 feet; thence North 89 degrees
26 minutes 53 seconds West parallel with the south. line of said
Southeast Quarter 507.14 feet; thence South 00 degrees 16 minutes 27
seconds East parallel with said east line 395.46 feet to the south line
of said Southeast Quarter; thence South 89 degrees 26 minutes 5.3 seconds
East on said south line 507. 14 feet to the Point of Beginning.
containing 4.604 acres. more or less.
EXCEPTING THEREFROM the real estate described as Parcel 67A for Project
1-465-4(128) 127 in Book 167. Pages 908-910 in the Office of the Recorder
of Hamilton County. Indiana. and being more particularly described as
follows:
A part of the South Half of the Southeast Quarter of Section 12.
Township 17 North, Range 3 East. in Clay Township, Hamilton County.
Indiana, described as follows:
Beginning on the West boundary of State Road 431. North 00 degrees 19
minutes. 25 seconds West (North. 00 degrees 16 minutes 27 seconds West
measured, assumed bearing) .365.30 feet (along the East line of said
Quarter Section) and South 89 degrees 40 minutes 35 seconds West 35.00
feet (South 89 degrees 43 minutes 33 seconds West 46.50 feet. measured)
from the Southeast comer of said Half-Quarter Section; thence South 00
degrees 19 minutes 25 seconds East 297.00 feet (South 00 degrees 24
minutes OS seconds West 297.32 -feet. measured) along the West boundary
of State Road 431; thence South 42 degrees 06 minutes 58 seconds West
43.93 feet (South 30 degrees 54 minutes 07 seconds West 43.65 feet,
measured) along the West boundary of State Road 431; thence North 04
degrees 49 minutes 07 seconds East 330.75 feet (North 04 degrees 11
minutes 10 seconds East 335.67 feet. measured) to the pvint of beginr.:ilg
and containing 0.101 acres (0.076 acre. measured). more or less.
The above described Neighborhood ParI< Area contains 4.528 acres. more or
less, after said Exception.
And except:.
Page 2 of 3
A part of the South Half of the Southeast Quarter of Section 12.
Township 17 North. Range 3 East. Hamilton County. Indiana. being more
particularly described as follows:
Commencing at the southwest corner of the Southeast Quarter of Section
12. Township 17 North. Range 3 East. Hamilton County. Indiana; thence
South 89 degrees 26 minutes 53 seconds East (assumed bearing) on the
south line of said Southeast Quarter a distance of 33.00 feet to a point
on the easterly right-of-way line of the Monon ,Railroad. said point also
being the Point of Beginning of the herein described real estate; thence
continuing South 89 degrees 26 minutes 53 seconds East on said south
line a distance of 870.94 feet to a point on the prolongation of the
southwesterly line of Parcel 67 Limited Access Right-of-Way for Project
1-465-4(128)127 as described in Baal< 167, Poge 908-910 in the Office of
the Recorder of Hamilton County. Indiana; thence the following two colis
along the perimeter of said Parcel: 1.) North 72 degrees 16 minutes 03
seconds West 752.27 feet; 2.) North 69 degrees 25 minutes 35 seconds
West 166.26 feet to a point on said easterly right-of-way line; thence
South 00 degrees 15 minutes 55 seconds East on said right-of-way. line
and parallel with the west line of said Southeast Quarter 279. 76 feet to
thp Point of Beqinning. containing 2.719 acres. more or less.
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. And also except:
Part of the Southeast Quarter of Section 12, Township 17 North, Range 3 East in Clay
Township, Hamilton County, Indiana, and more particularly described as follows:
Beginning at the Southwest Corner of the Southeast Quarter of said Section 12; thence
North 00 degrees 15 minutes 55 seconds West (deed bearing) 278.69 feet along the West
line of said Quarter Section, also being the centerline of the Monon Railroad; thence South
89 degrees 44 minutes 05 seconds East 33.00 feet; thence South 00 degrees 15 minutes
55 seconds East 279.16 feet to the South line of said Quarter Section; thence North 89
degrees 26 minutes 53 seconds West 33.00 feet along said South line to the Point of
Beginning and containing 0.211 acres, 'more or less.
Also commencing at the Southwest Corner of the Southeast Quarter of said Section 12;
thence North 00 degrees 15 minutes 55 seconds West (deed bearing) 695.99 feet along
the West line of said Quarter Section, also being the centerline of the Manon Railroad to
the Point of Beginning: Thence continuing North 00 degrees 15 minutes 55 seconds West
640.86 feet along said West line to the North line of the owners' land; thence South 89
degrees 29 minutes 43 seconds East 33.00 feet along said North line; thence South 00
degrees 15 minutes 55 seconds East 640.41 feet; thence South 89 degrees 44 minutes
05 seconds West 33.00 feet to the Point of Beginning and containing 0.485 acres, more
nrlp.;:.;:
,
Page 3 of 3
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Exhibit "B"
Detailed Description of the Modification of Commitments Requested
In Docket No. 36-99Z, the Owner made nine commitments regarding the
development of the Property, see Exhibit "No.1" attached hereto. The Owner
respectfully requests that the Carmel Plan Commission approve the following
modifications to two of those commitments.
In Commitment 3(A) the Owner committed to develop the Property "in
compliance with the plans as filed with the Department of Community Services, and the
site plan attached hereto as Exhibit "B" ("Site Plan"), except for such changes and
modification required by the Department of Community Services, the Technical
Advisory Committee or other governmental reviewing agencies." The Owner seeks to
revise the Preliminary Site Plan that it filed with the Department of Community
Services partially due to permitted modifications required by governmental reviewing
agencies and partially due to changes made by the Owner. A copy of the new Site Plan
for which the Owner seeks the Commission's approval is attached hereto as Exhibit
"No.2". There are four categories of changes to the Preliminary Site Plan.
The first modification to 'the Preliminary Site Plan is a minor revision to the
overall building layout on the Property. The building layout was changed because the
Technical Advisory Committee recommended retaining the natural slope of the land
along the northern border of the Property, rather than cutting into the hill and
constructing a retaining wall. To accommodate this recommendation, the overall
building layout was revised.
The second change from the Preliminary Site Plan was the elimination of a
walking trail around the lake. After the original commitments were made, the Owner
conducted a wetland study of the Property. That report delineated the areas around the
southern and northern edges of the lake as pre-emergent wetlands. The report was filed
with the Army Corps of Engineers and the Indiana Department of Environmental
Management. Based on the characterization of those areas as wetlands, the Owner
decided to eliminate the walking trail around the lake.
The third change to the Preliminary Site Plan involves certain recreational
facilities. The Preliminary Site Plan showed tennis courts on the western end of the
Property along the Monon Trail, a swimming pool located just north of the clubhouse
and a pier extending from the rear of the clubhouse into the lake. After making those
commitments, the Owner realized that in developing the project in phases, the tennis
court would need to be relocated to the eastern end of the Property. To accommodate
that change, the Owner moved the pool to the west end of the clubhouse as opposed to
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the north. After further consideration, the Owner decided to delete the pier from the
Site Plan for liability reasons.
The final revision to the Preliminary Site Plan is the inclusion of a maintenance
building on the southern end of the Property. When the Owner prepared the
Preliminary Site Plan, it overlooked the need for a separate maintenance building for
this project. Accordingly, the Preliminary Site Plan does not even contain a
maintenance building. When the Owner realized it needed a separate maintenance
building, the development team had a small building designed, picked a location,
applied for and received a building permit and began construction. The Owner has
stopped construction of that building pending approval from the Plan Commission.
The location that the Owner selected for the maintenance building is partially
within the 150' no build zone committed to in Commitment 3(1). The 150' no build
zone was originally proposed in reaction to the Hamilton County Highway
Department's position that it wanted to extend 96th Street through the Property. After
that commitment was made, the Highway Department agreed to accept additional right-
of-way along the southern end of the Property in the event it ever desired to construct a
bridge over 1-465 to extend 96lh Street. Therefore, the 150' no build zone would not be
needed for an extension of that street. The Owner would like to complete construction
of the maintenance building where it is and requests approval to modify Commitment
3(1) to redefine the no build zone as shown on the new Site Plan.
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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
GmRAL TAR PROPERTIES, INC., (hereafter, "Owner"), the Contract Purchaser of the real estate
located in Hamilton County, Indiana, and descnbed in E~bit "A" hereto (hereafter, "Real Estatej, makes
the following Commitmems to the Carmel Plan Commission (hereafter, "Commission").
1.
Descriotion of ReoJ Estate:
A
199909957849
Filed for Record in
HAMILTON COUNTY, INDIANA
See ExhIbit "A" (Legal Description) MARY L CLARK
On 10-04-1999 At 10:00 a..
MISC 23.00
See ExhIbit ''B'' (Pictorial Description)
COPy
B.
1.
Docket No. 36-99Z
3.
Statement of Commitments:
A The Owner commits that the Real Estate shall be developed for multi-family
residential use in compliance with the plans as filed with the Departmcot of
Community Services, and the site plan attachM hereto as ExhIbit "B" ("Site Planj,
except for such changes and modifications required by the DepartmeDt ofC.omnnmity
services, the Technical Advisory Committee or other govennn~J reviewiDg
agenCIes.
B. The Owner further commits that the maximum number of dwelling units sball
be 360.' ,
C. The Owner further commits that the buildings to be constructed on the Real Estate
will be of the design and style rep~ on the drawings attached hereto as ExhIbits
"C", "n", and "E."
D. The Owner further commits that the elevations of the bui1mnV will include a
combination of brick or cobolestone, and drivet, cedar siding or hardy plank siding.
E. The Owner further commits that the areas designated on the Site Plan as MODOD
TrailhCld shall be presc:ated for dedication to the CamJel- Clay Parks and Recreation
Department without ""wpensation.
F. TbC Owner further commits that the area desig1'!:ltM on the Site Plan as
Neighborbood Parle (3 acres:t> sball be presc:ated for dedication to the Carmcl- Clay
Parks and Recreation Depa.rtmcat without compensation (hereafter, "Dedicationj.
If the Dedication is not accepted by the Cannel-Clay Parks and Recreation
Departmc:ot, the Owner will establish, and m!:linbin at its expense, the NcighbodIood
Parle for public use, including the pedestrian pathway providing access to the
Neighborhood Parle from the Manon Trail, subject to such rules and regulations
adopted from time to time in the furtherance of public health, safety and wel&re. The
Owner shall provide at its expense, playground and other equipmcot as feCi xII.. oP-nl'IM
by the Carmel-Clay Parks and Recreation Department in an amount not to c::xceed
Exhibit No. 1
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Forty-Eight Thousand Dollars ($48,000.00).
G. The Owner further commits that the off-street parlcing area located nearest the
Neighborhood Park will be reserved for parle visitors and such restriction will be
noticed by appropriate signage.
H The Owner further commits the Neighborhood Park will be completed prior to the
issuance of an occupancy permit for the first building.
I. The Owner further commits that DO buildings sball be constructed within the part of
the Real Estate descnDed as 150 feet by parallel lines North and East of the ccisting
right ofway ofI-465.
4. Bindinll 011 SUCt%SS01'S and Aml!1lS. These CommitmcDts are binding on the Owner oftbc
Real Estate, each subsequmt Owner of the Real Estate, and each other person acquiring an interest in the Real
Estate, unless modified ortermmllted by the Commission. These. CommitmcDts may be modified ortermins.tM
only by a decision of the Commission made at a public hearing after notice as provided by the rules of the
Commi!t.~OD.
5. E(fectiv~ Dat~. The Commitments contained herein sball be effective upon the adoption of
an orrfimlnr.P. by the Common Council of Carmel, Indiana reclassifying the Real Estate from the S-2 Resi~
District Classification to the R -4 Residence District Classification.
6. RI!C01'tlinIl. The undersigned hereby authorizes the SecrctaIy of the Commi!lSion to record
these Commitments in the Office of the Recorder of Hamilton County, TMiam, fonowing the Effective Date.
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7. ElIfo1't%1M1lt. These Commitments may be enforced by the Commiqian and the City of
Carmel, Indiana
8. Prior Comnritmmts. These Commitments replace and supercede the Commitments
Concerning The Use and Development of Real Estate dated April 19, 1999 and filed with the Department of
Cnrmmmity Services under Docket No. 36-99Z.
EUCIlted this 25'" dtzy olMay, 1999.
GmRAL TAR PROPERTIES, INC.
By:
f&;?~
Harry F. To d, GcDeraI Comuel and Secretary
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STATE OF INDIANA )
) 55:
COUNlY OF HAMILTON )
BEFORE ME, a Notary Public in and for said County and State, personally appeared Harry F. Todd,
the General Counsel and Secretary of Gibraltar Properties, Inc., who acknowledged the execution of the
foregoing Commitments.
WITNESS my hand and Notarial Seal this 2~ day of May, 1999.
My Commission Expires -:]-1 (' 2tO/p \ c A.b 'l0-jjJJ.~~JL ..
" n ~ Public State of -- ' ,
Residing in IV (J r\ (';)'1 County \ ,.'S' · I (2' '. ,
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CONSENT OF OWNER:
The undersigned E. Davis Coots, the attorney in filet for fee simple owners of the Real ~
Robert Fuller and Sandra Fuller, hereby conseots to the forego" . The Use And
Development of Real Estate.
E. Davis Coots: Attorney in Fact for
Robert Fuller and Sandra Fuller
,
,
STATE OF INDIANA )
)SS:
. COUNn OF HAMILTON )
Subscnbed and swom to before me, a Notary Public, in and for said County and State, appeared E.
Davis Coats, and acknowledged the execution of the foregoing Consem of Owner.
. WITNESS my' hand and Notarial Seal ~ of May, 1999.
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My Commission Expires: MiG J \ ~d.o.. . 6L
1:1 N~blic
Residing in ~~ County ~ L.. -rei 0 {~r
Printed Name
This Instrument Prepared By: James J. Nelson
NELSON &. FRANKENBERGER
3021 East 98th Street, Suite 220
Tntfi::l.~lis, Tndi::l.na 46280
F:~IIBNeIIaa~ -;".-"
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EXHIBIT
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Legal Description:
Tne South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3
East, containing 80 acres (82295 acres, measured), more or less, in Hamilton County,
Indiana, excepting therefrom the following described real estate:
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North,
Range 3 East in Hamilton County, Indiana, described as follows:
Beginning on the West boundary of State Road 431, NorJt 00 degrees 19 minutes 25
seconds West (North 00 degrees 16 minutes Z1 seconds West measured, assumed
bearing) 365.30 feet (along the East line of said Quarter Section) and South 89 degrees 40
minutes 35 seconds West 35.00 feet (South 89 degrees 43 minutes 33 seconds West 46.50
feet, measured) from the Southeast comer of said Half-Quarter Section; thence South 00
degrees 19 minutes 25 seconds East 297.00 feet (South 00 degrees 24 minutes 05 seconds
West 297.32 feet, measured) along the West boundary of State Road 431; then~e South
42 degrees 06 minutes 58 seconds West 43.893 feet (South 30 degrees 54 minutes 07
seconds West 43.65 feet, measured) along the West boundary of State Road 431; thence
North 04 degrees 49 minutes (J7 s~onds East 330.75 feet (North 04 degrees 11 minutes
10 seconds East 335.67 feet, measured) to the point of beginning and containing 0.101
acre (0.076 acre, measured), more or less.
Also except, a part of the South Half of the Southeast Quarter of Section 12, Township
17 North, Range 3 East, in Hamilton County, Indiana, described as follows: Beginning
on the East boundary of the Manon Railroad, North 00 degrees 15 minutes 55 seconds
West 278.69 feet (along the West line of said Half-Quarter Section) and North. 89 degrees
44 .minutes 05 seconds East 33.00 feet from the Southwest comer of ~aid Half-Quarter
Section; thence North 00 degrees 15 minutes 55 seconds West 417.30 feet along the East
boundary of the Monon Railroad; thence South 69 degrees 2S minutes 35 seconds East
464.72 feet; thence South 66 degrees 52 minutes 54 seconds East 450.44 feet; thence
South 63 degrees 42 minutes 57 seconds East 45224 feet thence South 69 degrees 2S
minutes 3S seconds East 4.30.34 feet (44269 feet, measured) to the North boundary of
9~th Street; thence North 89 degrees 32 minutes 45 seconds West (North 89 degrees 26
minutes 54 seconds West, measured) 848.44 feet along the North boundary of 96th
Street, thence North 72 degrees 12 minutes 08 seconds West 684.45 feet (North 72
degrees 16 minutes 02 seconds West 696.39 feet, measured); thence North 69 degrees 25
minutes 3S seconds West 166.16 feet to the point of beginning and containing 10.657
acres (10.749 acres, measured), more or less. The above desc::bed real estate contair..s a
net acreage of 71.470 acres, more or less.
NOTE; The acreage shown aoove is included for desc:iptive purposes only. Tne
policies, when issued. should not be construed as to i.r..s~.ng the amount of aceage
included the:ein.
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COMMITMENTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
i:'
GffiRAL TAR PROPERTIES, INC., (hereafter, "Owner"), the Contract Purcbas
located in Hamilton County, lDdi3I\~ and described in Exhibit "A" hereto (hereafter, ''Real
the following Commitments to the Carmel Plan Commission (hereafter, "Commission'').
1.
Description of Real Estate:
A. See Exhibit "A" (Legal Description)
199909957848
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 10-04-1999 At 10:00 a..
MISe 13.00
2.
Docket No. 36-99Z
3. Statement of Commitments:
A. The Owner agrees to the sum of $24,445 .00 as established by the City of Carmel ,
Indiana, for the part of the Real Estate to be included in the Monon Trail and as
described in the ''Uniform Land Or Easement Acquisition Offer" to Robert and
Sandra Ann Fuller dated October 19, 1998.
4. Binding on Successors andAssi211s. These Commitments are binding on the Owner of the
Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Re8I
Estate, unless modified or terminated by the Commission. These Commitments may be modified or termin~tP.tl
only by a decision of the Commission made at a public hearing after notice as provided by the rules of the
Commission.
5. Effective Date. The Commitments contained herein shall be effective upon the adoption of
an ordinance by the Common Council of Cannel, Jndi~na reclassifying the Real Estate from the S-2 Residence
District Classification to the R-4 Residence District Classification and the acquisition of the Real Estate by
Gibraltar Properties, Inc.
6. Recordin2. The undersigned hereby authorizes the Secretary of the Commission to record
these Commitments in the Office of the Recorder of Hamilton County, Indiana, following the Effective Date.
7. Enforcement. These Commitments may be enforced by the Commission and the City of
Carmel, Indiana.
Eucuted this tf1' day of June, 1999.
GIBRALTAR PROPERTIES, INC.
By:
~1:14
Harry F:' Todd, General Counsel and Secretary
",
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STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
BEFORE ME, a Notary Public in and for said County and State, personally appeared Harry F. Todd,
the General Counsel and Secretary of Gibraltar Properties, Inc., who acknowledged the execution of the
foregoing Commitments.
.' '....,;..... "'I'
WITNESS my hand and Notarial Seal this 2Th day of May, 1999. ./ ~ :>"':"~""'.J'
..' ' '.. .- ,4 I ", 1~
.. . an cf /\\ . _Ii ./'-: ~~if1.{ l ': 4. ~
My Conmnsslon Exprres rlftD./;l t, ~ DO( 10 t9-{ tw:::r'l,A--' Fl (Lt'l .u (!Lt.~'\ : - t
"" . Notary Public, t.g~'.of~~~~~)~l. / $ !
Residing in n'l<8.-1u..h<..i County ~ .' ). ..;..~,.( ....'/
Printed: CcP(~7";--I",' "'/vfJ'i~~ "~-~("}.'~$c,
K:\Uael\IeuicalJim Nelson\Gibraltsr\Ccmel commitmcnl3
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EXHIBIT
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le'SaI Description:
Tne South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3
East, containing 80 acres (82295 acres, measured), more or less, in Hamilton County,
Indiana, excepting therefrom the following described real estate:
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North,
Range 3 East in Hamilton County, Indiana, described as follows:
Beginning on the West boundary of State Road 431, North 00 degrees 19 minutes 2S
seconds West (North 00 degrees 16 minutes '0 seconds West measured, assumed
bearing) 365.30 feet (along the East line or said Quarter Section) and South 89 degrees 40
minutes 35 seconds West 35.00 feet (South 89 degrees 43 minutes 33 seconds West 46.50
feet, measured) from the Southeast comer of said Half-Quarter Section; thence South 00
degrees 19 minutes 2S seconds East 297.00 feet (South 00 degrees 24 minutes 05 seconds
West 297.32 feet, measured) along the West boundary of State Road 431; then~e South
42 degrees 06 minutes 58 seconds West 43.893 feet (South 30 degrees 54 minutes (ll
seconds West 43.65 feet, measured) along the West boundary of State Road 431; thence
North 04 degrees 49 minutes rn seconds East 330.75 feet (North 04 degrees 11 minutes
10 seconds East 335.67 feet, measured) to the point of beginning and containing 0.101
acre (0.076 acre, measured), more or less.
Also except, a part of the South Half of the Southeast Quarter of Section 12, Township
17 North, Range 3 East, in Hamilton County, Indiana, described as follows: Beginning
on the East boundary of the Monon Railroad, North 00 degrees 15 minutes 55 seconds
West 278.69 feet (along the West line of said Half-Quarter Section) and North 89 degrees
44 "minutes 05 seconds East 33.00 feet from the Southwest comer of said Half-Qua.rter
Section; thence North 00 degrees 15 minutes 55 seconds West 417.30 feet along the East
boundary or the Monon Railroad; thence South 69 degrees 2S minutes 35 seconds East
464.72 feet; thence South 66 degrees 52 minutes 54 seconds East 450.44 reet; thence
South 63 degrees 42 minutes 57 seconds East 45224 feet; thence South 69 degrees 25
minutes 35 seconds East 430.34 feet (44269 feet, measured) to the North boundary or
9~th Street; thence North 89 degrees 32 minutes 45 seconds West (North 89 degrees 26
minutes 54 seconds West, measured) 848.44 feet along the North boundary of 96th.
Street, thence North 72 degrees 12 minutes 08 seconds West 684.45 feet (North. 72
degrees 16 minutes 02 seconds West 696.39 feet, measured); thence North 69 degrees 25
minutes 35 seconds West 166.26 feet to ~e point or beginning and containing 10.~7
ac:-es (10.749 aaes, measured), mote or Less. The above desci.bed real estate contains a
net aceage of 7l.4iO aces, mor! or less.
NOTE: The ac:eage shewn above is included fer dl!SCiptive purposes only. T.ne
polices, when issued. should not be construed as to ir.sur.ng the amount or ace.age
included theei;'\.
FT'd,,~ To......' n04m....,.;.........
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PAGE 01
LEGAL DEPARTMENT
3815 RIVER CROSSING PARKWAY, SillTE 350
INDIANAPOLIS, IN 46240
(317) 816-9000
FAX (317) 816-9002
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FACSIMILE TRANSMITTAL SHEET
DATE:
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TO: c:r;:J.,,, J)~bOSjewic.~
COMPANY: Pt.f(/l,.,tme^t ~f C""_l1AJy SenJi(A~
FAX NO: <-> 571 ~ l-1-7-<
FROM: HARRY F. TODD, GENERAL COUNSEL
TOTAL NUMBER OF PAGES (INCLUDING TffiS COVER SHEET): +0
SUBJECT: 'Dcc..~ No. f7-DltA . -rt.t 14trd
,
COMMENTS: ]kj, GTis~...., /~itot'ltrk1lt. P"r~.s :D~ftA-~~ ,5 ..,J4'+;~
.f4 hue'" f(o- ONt ~~ ~"",J,er bt.{rt. sk Cl4A 'Vlr6Jt:. ~s Iflttr,.lNt
'r\~ \.I,.kr~t,J~~ 1 s "h.o.t 14. ~~~ ~(.5 4"/1lr6~A.\ ...,i Il,)t ~(AMioi .:f", aJJ..J;..,
+0 1Le. dDcAo...t.t.-B lflI'lel'\f:....d. ~ ^ -h.. ~cJ.1..(). (t.ih.r ~ I A...... 1;.1~ se.....~'" ;o..J eq;~ 6f 1l.e .
dflOl",e..-fJ -!'k.t relcdt to fu reco^-f~r,.,tJ~ cf 11.F u/LtloMl~" ~itl -Is a<<o~e 1k
7"ctstr,,,,f...t~ j,J,.lOC'''-f\.e ~"..... -..,l ~ Nt;P.,14GJ f"t't ~ 11.. r~k~t. D{ ~ As,,,,e..b tJlt.r-/1..e
This message is intended only for the use of the individtial or entity to which it is addressed and may contain M.AIl/\.
information that is privileged. confidential and"exempt from disclosure under applicable law. If the reader of this 1"t-4,j'
message is not the intended recipient or the employee or agent responsible for delivering the message to the intended .
recipient, you are nereby notified that any dissemination, distribution or copying of this communication is strictly
probibited. If you have received this communication in error, please notify us iInmediate1y by telephone and return
the original message to us at the address above. Thank you for your cooperation in this matter.
PLEASE CALL (317) 816-9000 IF YOU RECEIVE AN INCOMPLETE OR ILLEOIaLE TRANSMlSSION.
THANK YOU.
Gfbraltar Properties, IDe. . 3815 River Crossing Parkl"&Y, Suite 350 · Indianapolis, Indiana 46240
Phone 317 81C).9000 · Fax 317 816.9001
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PAGE 02
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October 29,2001
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nOCS
By facsimile and
First class mail
John Dobosiewicz
City of Carmel
Department of Community Services
One Civic Square
Cannel, IN 462032
Re: Carmel Special Studies Committee/Plan Commission
Docket No.: 47-01CA: The Retreat
Dear John:
As you know, the only unresolved item from the above-referenced Petition to
Modify Commitments was GPI at Carmel, L.P. 's request to eliminate the pathway
around the lake at The Retreat. In my letter to you dated July 6,2001, I requested that
the Special Study Committee and the Plan Commission table that issue. Since that
time, OPI at Carmel, L.P. has re-evaluated its position and installed the pathway
around the lake at The Retreat. Therefore, OPI at Carmel~ L.P. withdraws its request
to modify the previous commitments by eliminating that path. The withdrawal of that
request should resolve all of the issues from the Petition as originally filed.
In your letter to me dated July 6, 2001, you raised cenain concerns regarding
the required landscaping along Westfield Boulevard within the Hamilton County
Highway Department's right-of-way. It is my understanding that an ordinance has been
introduced to the Carmel City Council to annex The Retreat into the City. If that
annexation ordinance is passed, the Hamilton County Highway Department will no
longer have jurisdiction over this matter and, it is my further understaoding, that the
City of Carmel will permit us to install the required landscaping along Westfield
Boulevard in the right-of-way.
One additional development that has occurred since this matter was tabled is that
the Carmel-Clay Parks and Recreation Board has required a further modification of The
Retreat's original site plan to accommodate the pedestrian pathway providing access
from the Neighborhood Park to the Monon Trail. The Parks Board's requirement only
affects the portion of our project west of Ream Creek. The Parks Board wants the
pedestrian pathway installed south of the cell tower site and out of the way of the
Gibraltar ~es. IDe. · 3815 RIver Crossing Parkway, Suite 350 · indianapolis, Indiana 46240
Phone 317 816-9000 · Fax 317 816-9001
11/01/2001 11:11
3178169001
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PAGE 03
John Dobosiewicz
October 29, 200 1
Page -2-
relocated access easement for the cell tower. As a result of this change, the building
layout on our western tract has been revised as shown on the enclosed site plan.
The original zoning commitments for The Retreat permitted modifications
required by other governmental reviewing agencies. Accordingly,. we believe that this
modification of the site plan required by the Parks Board does not require the approval
of the Cannel Plan Commission. However, if the Department believes we sbould first
obtain approval of the Carmel Plan Commission, we would be happy to appear before
the Special Study Committee on November 6, 2001 and then before the full Plan
Commission to discuss the Parks Board's changes to our site plan.
If this site plan modification is approved, OPI at Carmel. L.P. will execute and
record the enclosed Commitments Concerning the Use and Development of Real Estate
(relating to the previously approved modification that permitted constrUction of the
maintenance building in the no-build zone) and the Amended Commitments Concerning
the Use and Development of Real Estate incorporating the revised overall site plan as
approved by the Plan Commission.
Thank you for your continuing assistance and cooperation on this matter. If you
have any questions regarding this letter or the enclosures. please do not hesitate to
contact me.
With best regards,
~~1JJ.
Hany F. Todd
General Counsel
HFT/no
Enclosures
cc: Deb Grisham
Tammy Haney
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J Ilr OVERALL SITE PLAN 10 I ~~LTAR PROPl!RTlI!~ I
WI. IIYQ CIIQSIIrID PNWlWA.'f. tuft IlONA
'tHI! RE'tAt!A T I S II 5-Rl~~<;O~~
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11/01/2001 11:11
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PAGE 05
COMMITMENTS CONCERNING TBE USE
AND DEVELOPMENT OF REAL ESTATE
GPI at Carmel, L.P. (hereafter, "Owner"), the owner of the real estate located in liamilton
County, Indiana, and described in Exhibit "A" hereto (hereafteJ.', the "Real Estate"). makes the
following Commitments to the Carmel Plan Commission (hereafter, the "Commission").
1. Description of Refll Estate.
A. See Exhibit" Apt (Legal Description)
B. See Exhibit "B" (pictorial Description)
2. Docket No. 47-01CA
3. Statement of Conunitments:
A. In consideration of the Commission permitting the Owner to complete
co11StJUction of its maintenance building in the location shown on Exhibit "B"
attached hereto, the Owner commits that should Hamilton County. Indiana, the
City of Cannel, Indiana. or any successor governmental agency require the
removal of the maintenance building in order to utilize the ISO foot DQ-build
zone referenced in Commitment 3(1) of the Prior Commitments described in
Section 8 below, that the Owner wUl I,"cmove the mainteDance building at the
Owner's sole cost and expense, and such governmental agency shall not be
liable for any cost, damages or other compensation that might otherwise be due
to the Owner relating to such removal.
B. Tbe Owner further commits that the maintenance building to be constructed on
the Real Estate will be constructed of brick and cedar siding or hardy plank
siding.
c. The Owner further commits to landscape the rear of the maintenanee building
with blue spruce trees.
4. 1Jin4in,g on Successors and h,illns: These Commitments are binding on the Owner of
the Real Estate, each subsequent owner of the Real Estate, and each other person acqui(lng an interest
in the Real Estate. unless modified or terminated by the Commission. These Commitments may be
1
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PAGE 06
modified or tenninated only by a decision of the Commission made at a public hearing after notice as
provided by the rules of the Commission.
S. EJlecti'Ve Date: The Commitments contained herein shall be effective upon approval by
the Commission in Docket No. 47.01CA of the Owner's Petition to Modify Commitments relating to
the maintenance building.
6. RecordinJl: The undersigned hereby authorizes the Secretary of the CoD:lD1ission to
record these Commitments in the Office of the Recorder of Hamilton County, Indiana. following the
Effective Date.
7. Enforcement: The Commitments may be enforced by the Commission and the City of
Carmel, Indiana.
8. PrWr Commitments: These Commitments amend and moditY the Commitments
Concerning the Use and. Development of Real Estate dated May 25, 1999, filed with the Department of
Community Services under Docket No. 36-99Z, and recorded on October 4, 1999, in the Office of the
Recorder of Hamilton County, Indiana, as Instrument No. 1999.Q9957849.
Executed this _ day of _
, 2001.
OPI at Carmel, L.P. by its general
partner Gibraltar Properties, Inc.
By:
John M. Hennessey
Treasurer
STATE OF INDIANA )
) ss:
COUNTY OF HAMn.TON )
Before me, a Notary Public in and for said County and State. personally appeared John M.
Hennessey. the Treasurer of Gibraltar Properties, Inc., an Indiana coq>oration and the sole general
partner of OPI at Carmel. L.P., an Indiana limited partnership, who aclcuowledged the execution of the
foregoing Commitments on behalf of said corporation and parmership.
WITNESS my hand and Notarial Seal this _ day of
, 2001.
Dorothy Nan D'Orso
Notary Public
My Commission expires: June 28, 2009
My county of residence: Marion
This instrument prepared by Harry F. Todd, Attorney at Law, 3815 River ClOSSing Parkway, Suite
3S0, Indianapolis, IN 46:240
2
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PAGE 137
..
file No.: 992387
,...
r.
ExmBIT A
The South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3 East, containing 80
acres (82.295 acres, measured), more or less. in Hamilton County, India...1.a, excepting therefrom the
following described real estate:
A part of the South Half of the Southeast Quarter of Section 12, Township 11 North, Range 3 East in
Hamilton County, Indiana, described as fo110\1I5:
Beginning on the West boundary of State Road 431, North. 00 degrees 19 minutes 25 seconds West
(North 00 degrees 16 minutes 27 5econds West measured, assumed be~ring) 365.30 feet (along the East
line of said Quarter Section) and South 89 degrees 40 minutes 35 seconds West 35.00 feet (South 89
degrees 43 minutes 33' seconds West 45.50 feet, measured) from the Southeast comer of said Half-
Quarter Section; thence South 00 degrees 19 minutes 25 seconds East 297.00 feet (South 00 degrees 24-
minutes 05 seconds West 297.32 feet, measured) along the West boundary of State Road 431; thence
South 42 degrees 06 minutes 58 seconds West 43.893 feet (South 30 degrees 54 minutes 07 seconds
West '43.65 feet, :tneas\11"ed) along the West boundary of State Road 431; thence North 04 degrees 49
minutes 07 seconds East 330.15 feet (North 04 degrees 11 minutes 10 seconds East 335.67 feet,
measured) to the point ofbegiDning and containing 0.101 acre (0.076 acre, measured), more or less.
Also except, a part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range
3 East, in Hamilton County, Indiana, describ~d as follows: Beginning on the East boundary of the
Monon Railroad, North 00 degrees 15 minutes S5 seconds West 278.69 feet (along the West line of said
Ha.lf-Quarter Section) and North 89 degrees 44 minutes 05 seconds East 33.00 feet from the South\vest
com~r of said Half-Quarter Section; thence North 00 degrees is minutes S5 seconds West 417.30 feet
along the East boundary of the Monon ~ilroad; thence South 69 degrees 2~ minutes 35 seconds East
464.72 feet; thence South 66 degrees 52 minutes S4 seconds E~st 450.44 feet; thence South 63 degrees
42 minutes 57 seconds East 452.24 feet; thencr: South 69 de~es 2S minutes-35 seco~ East 430.34 feet
(44'2.6~ feet, measured) to the North b01.mdary of 96th Street; thence North 89 degrees 32 minutes 45
seconds West (North 89 degrees 26 minutes 54 seconds West, measured) 848.44:feet along the North
boundary of 96th Street, thence North 72 degrees 12 minu.tes 08 seconds West 684.45 feet (North 72
degrees 16 minutes 02 seconds West 696.39 feet, measured); thence North 69 degrees 25 minutes 35
seconds West 166.26 feet to the point of beginning and containing 10.657 acres (10.149 acres,
measured), more or less. The above descn'bed real estate contains a net acreage of 71.410 acres, more or
less. .
Page 1 of 4
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PAGE 88
EXCEPI' :
Parcell (park parcel)
A part of the Southeast Quarter of Section 12, Tovmship 17 North, Range 3 East, Hamilton
County, lndiana, being more particularly descn'bed as follows:
Beginning at the southeast comer of the Southeast Quarter of Section 12. Township 17 North,
Range 3 East, Hamilton County, Indiana; thence North 00 degrees 16 minutes 27 seconds West
(assuzned bearing) an the east line of said Southeast Quarter 395.46 feet; thence North 89 degrees
26 minutes 53 seconds West parallel with the south line of said Southeast Quarter 507.14 feet;
thence South 00 degrees 16 minutes 27 seconds East parallel with said east line 3 9S .46 feet to the
south line of said Southeast Quarter; thence South 89 degrees 26 minutes 53 seconds East On said
south line 507.14 feet: to the point of beginning. containing 4.604 acres, more or less.
EXCEPTING THEREFROM the real estate described as Parce167A for Project 1-465.4(128)127
in Book' 167, pages 908-91 0 in the Office of the Recorder of Hamilton County, Indiana, and
b~ing more particularly described as follows:
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3
East, in Clay Township, Hax:nilton County, Indiana, described as follows: '
Begioning on the West boundary of State Road 431, North 00 degrees 19 minutes 25 seconds
West (North 00 degrees 16 minutes 27 seconds West measured, assumed bearing) 365.30 feet
(along the East line of said Quarter Section) and South 89 degrees 40 minutes 35 seconds West
35.00 feet (South 89 degrees 43 minutes 33 seconds West 4650 feet, measured) from the
Southeast comer of said Half~Quarter Section; thence South 00 degrees 19 JJlinutes 25 seconds
East 297.00 feet: (South 00 degrees 24 minutes 05 seconds West 297.32 feet, measured) along the
West boundary of State Road 431; thence SOllth 42 degrees 06 minutes 58 seconds West 43.93
feet (South 30 degrees 54 minutes 07 seconds West 43.65 feet, measured) along the West
boundary of State Road 431; thence North 04 degrees 49 minutes 07 seconds East 330.75 feet
(North 04 degrees 11 minutes 10 seconds East 335.67 feet, measured) to the point of beginning
and containing 0.101 acres (0.076 acre, measured), more or less.
Page 2 of 4
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PAGE 89
AND ALSO EXcm:
Parcel 2 (tr:ai1head parcel)
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3
East, Hamilton County, Indiana, and being a part of the real estate described in Deed Book 330,
pages 631.632, in the Office of the Recorder of Hamilton County, Indiana, and being more
particularly described as follows:
Commencing at the southwest corner of the Southeast Quarter of Section 12, Township 17
North, Range 3 East, Hamilton County, Indiana, and being more particularly described as
foHows: .
CO)IUIlencing at the southwest comer of the Southeast Quarter of Section 12" Township 17
North, Range 3 East, Hamilton County, Indiana; thence South 89 degrees 26 minutes S4 seconds
East on the south line of said Southeast Quarter a distance of33.00 feet to a point on the easterly
right..of-way line of the Manon Railroad, said pomt also being the Point of Beginning of the
herein described real estate; thence continuing South 89 degrees26 minutes 54 seconds East on
said south line a distance. of 870.94 feet to a point on the prolongation of the southwesterly line
of Parcel 67 Limited Access Right~of- Way for Project 146S-4(128) .127 as described in Book
167, page 908-910, in the Office of the Recorder of Hamilton County, Indiana; thence the
following two calls along the perimeter of said parcel: 1.) North '72 degrees 16 minutes 03
seconds West 752.27 feet; 2.) North 69 degrees 25 minutes 35 seconds West 166.26 feet to a
point on said easterly right-of-way line; thence South 00 degrees 15 minutes 5S seconds East on
said right-of-way line and parallel with the west line of said Southeast Quarter 279.16 feet to the
Point of Beginning, containing 2.719 acres, more or less.
Page 3 of 4
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PAGE 18
AND ALSO EXCm:
Part of the Southeast 'Quarter of Section 12, Township 17 North, Range 3 E~st in Clay
Township, Hamilton County, Indiana, and more particularly described as follows:
Beginning at the Southwest Corner of the Southeast Quarter of said Section' 12; thence
North 00 degrees 15 minutes 55 seconds West (deed bearing) 278.69 feet along 'the West
line of said Quarter Section, also being the centerline of the Monon Railroad; thence South
89 degrees 44 minutes 05 seconds East 33.00 feet; thence South 00 degrees 15 minutes
55 seconds East 279.16 feet to the South line of said Quarter Section; thence North 89
degrees 26 minutes 53 seconds Westl33.00 feet along said South line to the Point of
Beginning and containing 0,211 acres, more or less. _ .''''_
Also commencing at tlie Southw~st Comer\of the Southeast Quarter of said Section 12;
'thence North 00 degrees 15 minutes 55 seconds West (deed bearing) 695.99 feet al,ong
the West line of said Quarter Section, also being the centerline of the Manon Railroad to
the Point of Beginning: Thence continuing North 00 degrees 15 minutes 55 seconds West
640.86 feet along said West line to the North line of the owners' land; thence South 89
degrees 29 minutes 43 seconds East 33,00 feet along said North line; thence South 00
degrees 15 minutes 55 seconds East 640.41 feet; ,thence South 89 degrees 44 minutes
05 seconds West 33.00 feet to the Point of Beginning and containing 0.485 acres, more
or less.
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n HII OVERALl. SITE PlAN - EXtEIT "B" In I GIBRALTAR PROPERTES I
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PAGE 12
AMENDED COMMl'I'l\UNTS CONCERNING THE USE
AND DEVELOPMENT OF REAL ESTATE
GPI 8;t Carmel, L.P. (hereafter, "Owner"), the Owner of the real estate located in Hamilton
County, Indiana, and described in Exhibit "A" hereto (hereafter. the "Real Estate"), makes the
following Amended Commitments to the Carmel Plan Commission (hereafter, the "Commission").
1. IJescrlDtion of Real Estllle.
A. See Exhibit" A" (Legal Description)
B. See Exhibit "B" (Pictorial Description)
2. Docket No. 47-01 CA
3. Statement of Amended Commitments:
A. The Owner commits that the Real Estate shall be developed for multi-family
residential use in compliance with the revised site plan attached hereto as
Exhibit "B" ("Site Plan"), except for such changes and modifications required
by the Department of Community Services, the Technical Advisory Committee
or other governmental reviewing agencies.
4. BirulinJl on Successors and Assign,: These Amended Commitments are binding on the
Owner of the Real Estate, each subsequent owner of the Real Estate, and each other person acquiring
an interest in the Real Estate, unless modified or terminated by the Commission. These Amencled
Commitments may be modified or terminated only by a decision of the Commission made at a public
hearing after notice as provided by the roles of the Commission.
S. Effective Date: The Amended Commitments contained herein shall be effective upon
approval by the Cotnmissionin Docket No. 47-01CA of the Owner's Petition to Modify Commitments.
6. Recorrliml: The undersigned hereby authorizes the Secretary of the Commission to
record these Amended Conunianents in the Office of the Recorder of Hamilton County. Indiana,
followin,g the Effective Date.
7. Enforcement: The Amended Comminnents may be enforced by the Commission and
the City of Carmel, Indiana.
1
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PAGE 13
8. Prior Commitments: These Amended Commitments amend and modify Commitment
3(A) of the Commitments Concerning the Use and Development of Real Estate dated May 25, 1999,
filed with the Department of Community Services under Docket No. 36-99Z, and recorded on October
4, 1999, in the Office of the Recorder of Hamllton County, Indiana, as Instrument No. 1999-09957849.
Executed this _ day of _' 2001.
GPI at Cannel, L.P. by its general
partner Gibraltar Propenies, Inc.
By:
John M. Hennessey
Treasurer
STATE OF INDIANA )
) Ss:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared John M.
Hennessey, the Treasurer of Gibraltar Properties, Inc., an Indiana colpOration and the sole general
parmer of GPI at Cannel, L.P., an Indiana limited partnership, who acknowledged the execution of the
foreaoing Amended Commitments on behalf of said corporation and partnership.
WITNESS my hand and Notarial Seal this _ day of _' 2001.
Dorothy Nan D'Orso
Notary Public
My Commission expires: June 28, 2009
My county of residence: Marion
This instroment prepared by Harry F. Todd. Attorney at Law, 3815 River Crossing Parkway, Suite
350, Indianapolis, IN 46240
2
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PAGE 14
..
file No.: 992387
,...
r.
EXHIBIT A
The South Half of the Southeast Quarter of Section 12. Township 17 North, Range 3 East, containing 80
acres (82.295 acres, measured), more or less, in Hamilton County, Indiana, excepting therefrom the
following descn"bed real estate:
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3 East in
Hamilton County, Indiana, described as follows:
Beginning on the West boundary of State Road 431, North 00 degrees 19 minutes 25 seconds West
(North 00 degrees 16 minutes 27 seconds West measured, assumed bearing) 365.30 feet (along the East
line of said Quartet Section) and South 89 degrees 40 minutes 3S seconds West 35.00 feet (South 89
degrees 43 xninutes 33' seconds West 46.50 feet, measured) from the Southeast comer of said Half.
Quarter Section; thence South 00 degrees 19 minutes 25 seconds East 297.00 feet (South 00 degrees 24
minutes OS seconds West 297.32 feet, measured) along the West boundary of State Road 431; thence
South 42 degrees 06 minutes 58 seconds West 43.893 feet (South 30 degrees 54 minutes 07 seconds
West 43.65 feet, measured) along the West boundary of State Road 431; thence North 04 degre~ 49
minutes 07 seconds East 330.75 feet (North 04 degrees 11 minutes 10 seconds East 335.67 feet,
measured) to the point ofbegi:m1ing and containing 0.101 acre (0.076 acre, measured), more or less.
Also except, a part of the South Half of the Southeast QuartC1' of Section 12, Township 11 North, Range
3 East, in Hamilton County, Indiana, described as follows: Beginning on the East boundary of the
Monon Railroad, North 00 degrees 15 minutes 55 seconds West 278.69 feet (along the West line of said
Half-Quarter Section) and North 89 degrees 44 minutes OS seconds East 33.00 feet from the Southwest
corner of said Half.Quartet Section; thence North 00 degrees 15 Ininl.l.tes 55 seconds West 417.3 0 feet
along the East boundary .'Jf the Manon Railroad; thence South 69 degrees 2~ 'xninutes 35 seconds East
464.72 feet; thence South 66 degrees 52 minutes S4 seconds E~t 450.44 feet; thence South 63 degrees
42 minutes 57 seconds East 452.24 feet; thertce South 69 desrees 25 minutes.35 secop,as East 430.34 feet
(442.69 feet, measured) to the North boundary of 96th Stre~~ thence North 89 degrees 32 minutes 45
seconds West (North 89 degrees 26 minutes 54 seconds W~, measured) 848.44:feet along the North
boundary of 96th Street, thence North. 72 degrees 12 minutes 08 seconds West 684.45 feet (North 72
degrees 16 minutes 02 seconds West 696.39 feet, measured); thence North 69 degrees 25 minutes 35
seconds West 1156.26 feet to the point of beginning and containing 10.657 acres (10.749 acres,
measured), more or less. The above described real estate contains a net acrea.ge of71.470 acres, more 01"
less. .
Page 1 of 4
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PAGE 15
EXCE:PT:
Parcel 1 ('P~k parcel)
A part of the Southeast Quarter of Section 12, Township 17 North, Range 3 East, Hamilton
County, Indiana, being more particularly described as follows:
Beginning at the southeast comer of the Southeast Quarter of Section 12, Township 17 North,
Range 3 East, Hamilton Countyt Indiana; thence North 00 degrees 16 minutes 27 seconds West
(assumed bearing) 011 the east line of said Southeast Quarter 395.46 feet; thence North 89 degrees
26 minutes 53 seconds West parallel with the south llile of said Southeast Quarter 507.14 feet;
thence South 00 degrees 16 minutes 27 seconds East parallel with said east line 395.46 feet to the
south line of said Southeast Quarter; thence South 89 degrees 26 minutes 53 seconds East on said
south line 507.14 feet to the point of beginning, containing 4.604 acres, more or less.
EXCEPTING THEREFROM the real estate described as Parcel 67A for Project 1465-4(128)127
in Book 167, pages 908~91 0 in the Office of the Recorder of Hau:lllton County, Indiana, and
b~ing more particularly described as follows:
A part of the South Half of the Southeast Quarter of seCtiOl1 12, Township 17 North, Range 3
East, in Clay ToWIlSbip, Hamilton County, Indial1a, described as follows: ~,
Beginning on the West boundary of State Road 431, North 00 degrees 19 minutes 2S seconds
West (North 00 degrees 16 minutes 27 seconds West measured, assumed bearing) 365.30 feet
(along the East line of said Quarter SectiOl1) and South 89 degrees 40 minutes 3S seconds West
35.00 feet (South 89 degrees 43 minutes 33 seconds West 46.50 feet, measured) from the
Southeast comer of said Half-Quarter Section; thence South 00 degrees 19 minutes 25 seconds
East 297.00 feet (South 00 des:rees 24 minutes 05 seconds West 297.32 feet, measured) alOl1g the
West boundary of Srate Road 431; thence South 42 degrees 06 minutes 58 seconds West 43.93
feet (South 30 degrees 54 nililutes 07 seconds West 43.65 feet, measured) along the West
boundary of State Road 431; thence North 04 degrees 49 minutes 07 seconds East 330.75 feet
(North 04 degrees 11 miI1utes 10 seconds East 335.67 fee~ measured) to the point of beginning
and containing 0.101 acres (0.076 acre, measured), wore or less.
Page 2 of 4
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PAGE 16
AND ALSO FXCEPI:
Parcel 2 (trailhead parcel)
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3
East, Hamilton County, Indiana, and being a part of the real estate described in Deed Book 330,
pages 631-632, in the Office of the Recorder of Hamilton County, Indians., and being more
particularly described as follows:
Commencing at the southwest comer of the Southeast Quarter of Section 12, ToWnship 17
North, Range 3 East, Hamilton County, Indiana, and being more particularly described as
follows: '
Commencing at the southwest comer of the Southeast Quarter of Section 12, Township 17
North, Range 3 East, Hamilton County, Indiana; thence South 89 degrees 26 minutes 54 seconds
East on the south line of said Southeast Quarter a distance of 33.00 feet to a point on the easterly
right"of-way line of the Monon Railroad, said point also being the Point of Beginning of the
herein described real estate; thence continuing South 89 degrees26 minutes 54 seconds East on
said south line a distance of 870.94 feet to a point on the prolongation of the so\rl:hwesterly line
of Parcel 67 Limited Access Right~of-Way for Project 1-4654(128) ,1'27 as descn"bed in Book
1$7, page 908-910, in the Office of the Recorder of ,Hamilton COtlnty, ~diana; thence the
following two calls along the perimeter of said Parcel: 1.) North "72 depes 16 minutes 03
seconds West 752.27 feet; 2.) North 69 degrees 25 mmutes 35 seconds West 166.26 feet to a
point on said easterly right..of-way line; thence South 00 degrees 15 minutes SS seconds East on
said right-of-way line and parallel with the west line of said Southeast Quarter 279.16 feet to the
Point ofBegi:oning, containing 2.719 acres, more or less.
Page 3 of 4
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PAGE 17
AND ALSO EXCEPt':
Part of the SoutheasfQuarter of Section 12. Township 17 North. Range 3 East in Clay
Township. Hamilton County, Indiana, and more particularly described as follows:
Beginning at the Southwest Comer of the Southeast Quarter of said Section 12; thence
North 00 degrees 15 minutes 55 seconds West (deed beafing) 278.69 feet along the West
line of said Quarter Section. also being the centerline of the Monon Railroad; thence South
89 degrees 44 minutes 05 seconds East 33.00 feet; thence South 00 degrees 15 minutes
55 seconds East 279.16 feet to the South line of said Quarter Section; thence North 89
degrees 26 minutes 53 seconds West'33.00 feet along said South line to the Point of
Beginning and containing 0.211 acres, more or less.
Also commencTng at tne Southwest Comer. of the Southeast Quarter of said Section 12;
.thence North 00 degrees 15 minutes 55 seconds West (deed bearing) 695.99 feet al.ong
the West line of said Quarter Section, also being the centerline of the Manon Railroad to
th~ Point of 6eglnning: Thence continuing North 00 degrees 15 minutes 55 seconds West
640.86 feet along said West line to the North line of the owners' land; thence South 89
degrees 29 minutes 43 seconds East 33.00 feet along said North line; thence South 00
degrees 15 minutes 55 seconds East 640.41 feet;.thence South 89 degrees 44 minutes
05 seconds West 33.00 feet to the Point of Beginning and containing 0.485 acres, more
or less.
.'
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Page 4 of 4
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PAGE 19
AMENDMENT TO LAND LEASE AGREEMENT
This Amendment to Land Lease Agreement C" Amendmentlt) dated as of the
day of , 2001, is entered into by and between OPI at Cannel, L.P., an
Indiana limited partnership and successor in interest to Dr. Robert Fuller and Sandra
Fuller. husband and wife ("Landlord") and Crown Communication Inc., a Delaware
corporation, successor by assignment to the interest of GTE Mobilnet of Indianapolis
Limited Partnership ("Tenant").
WITNESSETH:
WHEREAS, the following facts are true:
A. Tenant's predecessor in interest and Landlord's predecessor in
interest entered into a Land Lease Agreement dated December
22, 1991 for a cell tower and related facilities (the "Lease").
B. Landlord has granted the Carmel-Clay Park and Recreation
Board. a political subdivision of the State of Indiana. a perpetual,
non-exclusive easement for pedestrian purposes only, including
bicycles and rollerblades, over a portion of Landlord's land to
provide ingress and egress from the Neighborhood Park at the
northwest comer of the intersection of 96d1 Street and Westfield
Boulevard to the Monon Trail.
C. To accommodate the pedestrian pathway, Landlord and Tenant
have agreed to amend the Lease by reconfiguring the boundaries
of the land that Tenant leases from Landlord for its cell tower and
related facUities so that the pedestrian pathway can be installed
south of the cell tower site.
D. Simultaneously with this Amendment, the parties have entered
into a new Access Easement Agreement to provide acceSS to the
redefined Leased Premises through the Landlord's property.
which Access Easement Agreement releases certain existing
easements between the parties.
NOW I THEREFORE, in consideration of the foregoing and of the promises and
covenants contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agreed to amend the Lease
as follows:
1. Any terms defined in the Lease that are used in this Amendment and not
otherwise defined herein shall have the same meaning as set forth in the Lease.
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PAGE 213
2. Paragraph 1 of the Lease is hereby amended by redefining the Leased
Premises as the lands located in Hamilton County, Indiana as more particularly
described on Exhibit "A to attached to this Amendment and incorporated herein by this
reference (the "Leased Premises").
3. Paragraph 5 of the Lease, Access, is hereby deleted in its entirety and
replaced with the following:
S. Fencinsz and Landscaping. Tenant shall install a black or
green vinyl chain link fence or a wooden privacy fence around
the Communications Center and shall landscape around the
exterior of the fence to screen the buildings and equipment in the
Communications Center from view.
4. Paragraph 9 of the Lease is hereby amended to read as follows:
N9tice: Any notice shall be in writing and shall be delivered by hand or sent by
United States registered or certified mail, postage prepaid, addressed as follows:
Landlord:
OPI at Carmel, L.P.
3815 River Crossing Parkway, Suite 350
Indianapolis, IN 46240
With a copy to:
Gibraltar Properties, Inc.
Attention: General Counsel
3815 River Crossing Parkway, Suite 350
Indianapolis, IN 46240
Tenant:
Crown Communications Inc.
375 Southpointe Boulevard
Canonsburg, PA 15317
With a copy to:
Jeffrey A. Abrams, Esquire
Dann Pecar Newman & Kleiman
One American Square
Suite 2300
P.O. Box 82008
Indianapolis, IN 46282
Either party hereto may change its address to which said notice. shall be
delivered Or mailed by giving notice of such change as provided above. Notice shall be
deemed given when delivered (if delivered by hand) or when postmarked (if sent
properly by mail).
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PAGE 21
5. This Amendment shall be governed by, constrUed in accordance with. the
laws of the State of Indiana.
6. Except as amended by this Amendment. all of the terms and conditions
of the Lease shall remain in full force and effect. In the event of any conflict between
the terms and conditions contained in this Amendment and the terms and conditions
contained in the Lease, the terms and conditions of this Amendment shall control.
IN WITNESS WHEREOF. the parties have executed this Amendment as of the
date first set forth above.
Landlord:
Tenant:
GPI at Cannel, L.P. by its
general partner Gibraltar
Properties, Inc.
Crown Communications Inc.
By:
JOM M. Hennessey
Treasurer
By:
Printed:
Title:
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Lease Area
lad of the South Half or lhe Soulheast Quarter of Section 12, Township 17 North, Range 3 East, Ooy Township, Hom~ton
mty. fndiana, described os follows: Commencing 0 [ the sou [heast comer of said quarter section; thenc.e South B9 degrees 26
lules 54 seconds East 33.00 (eel along the south. line or said quarter section to the east right-or-way line of the '()(mer Monor.
..)rood: thence North 00 degrees 15 minutes 55 seconds West 696.16 feet olanq the east line of said former Monon Railroad to
f!;j northerly right-or-way line of lnterst~te 465; thence continuing North 00 degrees 15 minutes 55 seconds West 21.40 feel along
d east line to the northerly line of 0 20 foot wide sanitary sewer easement recorded in Easement Record 3, page 442 in the
ice of the Recorder, Hamilton Counly, Indiana; thence South 69 degrees 25 rT"inules 35 seconds East 112.47 feet along the
rlherly line of said 50n\tary sewer easement to the point of begi,:,ning of' this description: thence North 00 degrees 15 minutes
seconds West 90.00 feet; thence Norlh 89 degrees 44 minu tes 05 seconds East l10.00 feel; thence South 00 degrees 15
nutes 55 seconds East 1J1.B7 feet to the northerly tine of said sanitary sewer easement; thence North 69 degrees 25 minutes JS
. .
~cond'S West 117.70 feet along soid northerly line to the point of beginning ond containing 0.280 acres,' more or tess.
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PAGE 23
Prior Deed Reference: 99-51018
Cross Reference Instrument Number 9342726
AMENDED AND RESTATED MEMORANDUM OF LEASE FOR RECORDING
This Amended and Restated Memorandum of Lease for Recording is entered
into as of the _ day of ,2001, by and between OPI at Carmel. L.P., an
Indiana limited partnership and successor in interest to Dr. Robert Fuller and Sandra
Fuller, husband and wife ("Landlord") and Crown Communication Inc., successor by
assignment to the interest of qTE Mobilnet of Indiana Limited Partnership ("Tenant").
Landlord and Tenant certify that they have entered into an Amendment to Land
Lease Agreement dated as of the date set forth above that redefines the boundaries of
the real estate that is subject to the parties' Land Lease Agreement. The Lease, as
amended, provides as follows:
1. The Landlord is GPl at Cannel, L.P.
whose address is:
3815 River Crossing Parkway, Suite 350
Indianapolis, IN 46240
2. The Tenant is Crown Communications Inc.
whose address is:
375 Southpointe Boulevard
Canonsburg, PA 15317
3. Landlord leases to Tenant a certain tract of real estate in Hamilton
County, Indiana, m.ore fully described in Exhibit "A" attached hereto and incorporated
by referenced herein.
1
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PAGE 24
4. The Term of the Lease commenced on November 1, 1999 and has been
renewed or extended through October 31, 2006.
5. Tenant has the option to renew or extend the Lease for one additional
renewal term of five (5) years, through October 31,2011.
6. This Amended and Restated Memorandum of Lease contains only
selected provisions of the Lease, as amended, and reference is made to the full text of
the Land Lease Agreement and the Amendment to Land Lease Agreement for the full
terms and conditions.
EXECUTED as of the date first set forth above.
Landlord:
Tenant:
GPI at Carmel. L.P. b.y itS
general partner Gibraltar
Properties, Inc.
Crown Communications Inc,
John M. Hennessey
Treasurer
By:
Printed:
Title:
By:
2
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PAGE 25
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me a Notary Public in and for said Counry and State appeared John M.
Hennessey, known to me to be the Treasurer of Gibraltar Properties, Inc., an Indiana
corporation and sole general partner of GPI at Cannel, L.P., an Indiana limited
partnership, who acknowledged the execution of this Memorandum on behalf of said
corporation and limited partnership this _ day of I 200 1.
WITNESS my hand and Notarial Seal.
Priilted:
Notary Public
My Commission expires:
My county of residence:
STATE OF
COUNTY OF
)
) 55:
)
Before me a Notary' Public in and for said County and State appeared
, known to me to be the of Crown
Communications Inc., an Delaware corporation who acknowledged the execution of
this Memorandum on behalf of said corporation and limited partnership this _ day of
, 2001.
WITNESS my hand and Notarial Seal.
Printed:
Notary Public
My Commission eXpires:
My county of residence:
This I,nstnIment prepared by Harry F. Todd, Attorney at Law, 3815 River Crossing
Parkway. Suite 350, Indianapolis, IN 46240
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porl of lhe Sou lh Half of the. Sou lheasl Quarter of Section 12. Township \7 North, Range 3 Eas t, Cloy Township, Hamilton
)\1nly, Indlona, described os follows: Commencing 0\ the southeast comer or said quarter section; thence South 89 degrees 26
inules 54 seconds East 33.00 feel along the soulh line of said quorter secHon to lhe east right-of-way line of the former Mon<
~o;lrood: thence Norlh 00 degrees 15 min~ tes 55 seconds West 696.16 feet olong the east line of said former M.onon Ra~(ood to
lc:l northerly right-oC-woy 'ine of Interstate 465; thence continuing North 00 degrees 15 minutes 55 seconds West 21.40 feet alar
Old east tine lo 'he northerly line of a 20 foot wide sanitary sewer easement recorded in Eosement Record 3, page 442 in the
Ifnce of the Recorder, Hamilton County, Indiana; thence Soulh 69 degrees 25 minutes 35 seconds Eost 112.47 feel along the
<?rt~erly line of said sonitary sewer eosement La the point of beginning of. this descripHon: thence North 00 degrees "5 minv~e~
>5 seconds West 90.00 feet: thence North 89 degrees 44 minutes 05 seconds East 110.00 feet; thence South 00 degrees \5
"tnu ~es 55 seconds East 131.87 Ceet to the northerly line of said sanitary sewer easemen t; thence North 69 degrees 25 minu 'es
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~')econds West 117.70 feet along soid northerly line to the point of beginning and containing 0.280 acres, more or less.
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Subject to. aU rights-of-way, easements, and reslrictions of record.
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11/01/2001 11:11
3178169001
PAGE 27
GPI
Prior Deed Reference:
Cross RefereDce:
99-51018
93-42726
92-14868
92-14867
92-04909
92-04910
ACCESS EASEMENT AGREEMENT
This Access Easement Agreement (the "Easement") is made and entered into this _ day
of ,,2001 by and between OPI at Caxmel, L.P., an Indiana limited partnership
(the "Declarant") and Crown Communication Inc., a Delaware coxporation ("Crown"), successor by
assignment to the interest of GTE Mobilnet of Indiana Limited Partnership ("GTE") upon the
following tellIls and conditions:
4427'
WITNESSETH:
WHEREAS, the following facts are we:
A.
Declarant is the owner of certain real property located in Hamilton County, Indiana,
as more particularly described on Exhibit A attached hereto and incorporated herein
by reference (the "Burdened Prouertv").
B.
Declarant is also the owner of certain real property located in Hamilton County,
Indiana, as more particularly described on Exbibit B attached hereto and
incorporated herein by reference (the "Benefitted Pro.pert,y").
c.
Declarant's predecessors in interest, Robert E. Fuller and Sandra Ann Fuller leased
the Benefitted Property to GTE, formerly GTE Mobilnet of Indianapolis Limited
Partnership, pursuant to a lease dated as of December 2, 1991 (the "Lease''). A
Memorandum, of the Lease was recorded in the office of the Hamilton County
Recorder on September 3, 1993 as Instrument No. 9342726. The Memorandum
includes a description of a pennanent access easement which permanent access
easement will be released and relocated pursuant to this Access Easement
Agreement
1
11/B1/2BB1 11:11
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PAGE 28
D. Robert E. Fuller and Sandra Ann Fuller husband and wifeJ as predecessors in interest
to the Declarant, also granted certain access easements to GTE pursuant to the
following documents:
1. Grant of Easement - Permanent Access EasementJ recorded April 22, 1992 in
the Office of the Recorder of Hamilton County, Indiana, as Instrument No.
92-14867;
2. Grant of Easement - Permanent Access Easement, recorded February 18,
1992 in the Office of the Recorder of Hamilton County, Indiana, as
Instrument No. 92-04909;
3. Grant of Easement - Temporary Access Easement, recorded February 18,
1992 in the Office of the Recorder of Hamilton County, Indiana, as
Instrument No. 92-04910; and
4. Deed of Easement. recorded April 22, 1992 in the Office of the Recorder of
Hamilton County, Indiana, as Instrument No. 92-14868 (items 1,2,3, and 4
collectively the "Existing Easements").
The easements and rights under the Existing Easements will be released and
relocated pursuant to this Easement.
E. Declarant desires to grant an easement across that portion of the Burdened Property .
which is described on Exhibit C attached hereto and incorporated herein by reference
(the "Easement PropertY"), to permit continued access to the Benefitted Property to
facilitate Crown's use of the Benefitted Property and operation, maintenance, repair
and replacements of certain facilities and/or improvements located on the Benefitted
Property .
NOW, THEREFORE, in consideration oftha foregoing and of the promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Decl3T<!Ilt hereby declares as follows:
Grant of Access Easement. Declarant hereby grants for the use and benefit of Crown. as
the lessee of the Benefitted Property, its licensecsJ assignees, sub lessees, contractors. agents and
employees (collectively the "Benefitted Party") a perpetualJ non-exclusive access easement in, over,
across and through the Easement Property, which aCcess easement includes the right to use the
Easement Property for access and ingress and egress of pedestrian and vehicular traffic (including
trucks) to the Benefitted Property for the ptUpOse of facilitating the use of the Benefitted Property
and Crown's operation, maintenance, repair and replacement of the Improvements (as herein
defmed). For purposes of this Easement, the term "ImDrovementst' shall mean and refer to all
currently or hereafter existing improvements located on the Benefitted Property. including a
telecommunications tower.
2
4427'
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PAGE 29
Modification an4 Relocation. The owner, from time to time, of the Burdened Property (as
herein defined) shall be entitled to relocate the Easement Property from the current location and/or
configuration thereof, as described on the attached Exhibit G, to another location and/or
configuration subject to the consent of Crown, not to be unreasonably withheld or delayed, and each
subject to such owner's compliance with the requirements specified herein. The Easement Property
may only be relocated to an alternative location located within the boundaries of the Burdened
Property. Any such relocation shall continue to provide access, ingress and egress to the Benefitted
Property for the purposes stated in Paragraph I, above. In so relocating the Easement Property to
another location on the Burdened Property. Crown and the then owner of the Burdened Property
shall be entitled, but not required, at such party's expense, to improve the surface of any unpaved,
unimproved portion of the relocated Easement Property by the installation of gravel, crushed stone
or similar material. If and to the extent that the owner of the Burdened Property elects to relocate
the Easement Property as provided herein, it shall do so in such a manner which will not interrupt
the continuous access, ingress and egress to the Benefitted Property by the Benefitted Party or
oth~se interfere with the Benefitted Party's rights hereunder.
Use. Maintenance and Repair. The Benefitted Party shall use the Easement Property only
for the purposes set forth herein and for no other use or purpose. The Benefitted Party shall exercise
commercially reasonable efforts to not negligently damage the surface of the Easement Property.
Notwithstanding the foregoing, if the Benefitted Party does negligently damage the surface of any
portion of the Easement Property, such Benefitted Party shall promptly repair and/or restore the
sulface of the Easement Property, as nearly as possible, to the condition that existed prior to the
occurrence of such damage or destruction. In all other respects, the owner, from time to time, ofilie
Burdened Property shall be responsible for any and all maintenance, repairs and or restoration of the
surface of the Easement Property which it deems necessary andlor appropriate in connection with its
use andlor operation of the Burdened Property. The owner, from time to time, of the Burdened
Property shall perfonn any such maintenance, repair or restoration in such a manner as is reasonably
calculated to minimize any intenuption or interference with the exercise of the Benefitted Party 's
rights hereunder.
Easement Auuurtenant. This Easement and the terms and conditions stated herein shall
be appurtenant to the Benefitted Property and shall be imposed upon, applied to, and run with the
Burdened Property and shall be binding upon and inure to the benefit of the Benefitted Party and any
other owner, from time to time, of all or any portion of the Burdened Property~ and their respective
successors and assigns in accordance with the provisions hereof.
Release of ExlIting Easements. In consideration of Declarant's grant of the Access
Easement contained herein, Crown shall contemporaneously herewith. execute and record a release
of the following Existing Easements:
3
4421$
11/01/2001 11:11
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PAGE 30
A. Grant of Easement - Permanent Access Easement, recorded April 22, 1992 in the
Office oftbe Recorder of Hamilton County, Indiana, as Instrument No. 92-14867;
B. Grant of Easement - Permanent Access Easement. recorded February 18, 1992 in the
Office of the Recorder of Hamilton County, Indiana, as Instrument No. 92-04909;
C. Grant of Easement - Temporary Access Easement, recorded February 18, 1992 in
the Office of the Recorder of Hamilton County. Indiana as Instrument No. 92-04910;
and
D. Deed of Easement, recorded April 22, 1992 in the Office of the Recorder of
Hamilton County, Indiana, as Instrument No. 92-14868.
Termination. This Easement shall run concurrently with the Lease; and shall expire
upon the termination or expiration of the Lease.
lndemnlftcadon. Crown shall indemnify and hold Declarant, its successors and assigns,
harmless from and against any and all claims, demands and liabilities, including attorneys' fees. for
damage to persons or property that are caused by Crown's negligent use of the Easement Property.
Governing Law. This Easement shall be governed by and construed in accordance
with the laws of the state of Indiana.
EXECUTED as of the day and year first above written.
GPI at Carmel, L. P., an Indiana limited partnership
by its general partner Gibraltar Properties, Inc.
By:
John M. Hennessey, Treasurer
"Declarant"
STATE OF INDIANA )
) ss:
COUNTY OF MARlON )
Before me, a Notary Public in and for said County and State, personally appeared John M.
Hennessey, by me known and by me known to be the Treasurer of Gibraltar Properties~ Inc. an lndiana
4d
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PAGE 31
corporation and the general partner of GPI at Carmel, L.P., an Indiana limited partnership, who, being fltSt
duly sworn upon his oath, acknowledged the execution of the foregoing "Declaration of Access Easement" as
his voluntary act or deed for and on behalf of said corporation and partnership.
WITNESS my hand and Notarial Seal this _ day of
,2001.
Notary Public
(Printed signature)
My Commission Expires:
My County of Residence:
Crown Communication Inc.
.,
By;
Dennis Higginbotham
General Manager
"Crown"
STATE OF INDIANA )
)SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared Dennis
Higginbotham, by me known and by me known to be a General Manager of Crown Conununication Inc., a
Delaware corporation, who, being fn-st duly sworn upon his oath, acknowledged the execution of the
foregoing "Declaration of Access Easement" as his voluntary act or deed for and on behalf of said
coIporation.
WITNESS my hand and Notarial Seal this _ day of
, 200 1.
Notary Public
(Printed signature)
My Commission Expires:
My County of Residence:
This instrument was prepared by:
Tammy K. Haney, Esq.
Bose McKinney & Evans LLP
600 East 96111 Street, Suite 500
Indianapolis, IN 46240
5
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Exhibit A
"Bl1f~@P~ Property"
6
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PAGE 33
File No.: 992387
r.
r'
EXHIBIT A
"BURDENED PROPERTt'
The South Half of the Southeast Quarter of Section 12, Township 11 North, Range 3 East, containing 80
acres (82.295 acres, measured), more or less, in Hamilton County, Indiana, excepting therefrom che
following described real estate:
A part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range 3 East in
Hamilton County, Indiana, described as follows:
BegiMing on the West boundary of Scate Road 431, North 00 degrec:s 19 minutes 25 seconds West
(North 00 degrees 16 minutes 27 seconds West ~easured, assumed bearing) 365.30 fed (along the East
line of saici Quarter Section) and South 89 degrees 40 minutes 35 seconds West 35.00 feet (South 89
degrees 43, minutes 33 seconds West 46.50 feet, measured) from the Southeast comer of said Half.
Quarter Section; thence South 00 degrees 19 minutes 25 seconds East 297.00 feet (South 00 degrees 24
minutes 05 seconds West 297.32 feet, measured) along the West boundary of Scate Road 431; tbenct
South,42 degrees 06 minutes 58 seconds West 43.893 feet (South 30 degrees 54 minutes 07 seconds
West 43.65 feet, measUTed) along the West boundary of State Road 431; tbence North 04 degrees 49
minutes 07 seconds East 330.75 feet (North 04 degrees 11 minutes 10 seconds &st 335.67 feet,
measW'ed) to the point of beginning and containing 0.101 acre (0.076 a.cre, measured), more or less.
Also except, a part of the South Half of the Southeast Quarter of Section 12, Township 17 North, Range
3 East, in Hamilton County, India.n~ described as follows: Beginning on the East boundaty of the
Monon Railroad, North 00 degrees 15 tninutes S5 seconcis West 278.59 feet (along the West line of said
Half-Quarter Section) and North 89 degrees 44 minutes 05 seconds East 33.00 feet from the Southwest
corner of said Half-Quarter Section; thence North 00 degrees 15 minutes 55 seconds West 417.30 feet
along the East boundary of the Monon Railroad; thence South 69 degRes 2' minutes 35 seconds East
464.72 feet; thence South 66 degrees 52 minutes 54 seconds East 450.44 feet; thence South 63 degrees
42 minutes 57 seconds East 452.24 feet; thence South 69 degrees 25 minutes.35 seconds East 430.34 feet
(442.69 feet, measured) to the North boundary of 96th Street; thence North 89 degrees 32 minutes 45
seconds West (North 89 degrees 26 minutes 54 seconds West, measured) 848.44.,feet along the North
boundary of 96th Street, thence North 72 degrees 12 minutes 08 seconds West 684.45 feet (North 72
degrees 16 minutes 02 seconds West 696.39 feet, measured); thence North 69 degrees 25 minutes 35
seconds West 166.26 feet to the point of beginning and containing 10.657 acres (10.749 acres,
measu:red), more or tess. The above described real estate contains a net acreage of 71,470 acr~, more or
~~ .
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PAGE 34
EXCEPT :
Parcell (park parelill
A part of the Southeast Quarter of Section 12, Township 17 North, Range 3 East, Hamilton
County. Indiatta, being more particularly described as follows:
Beginning at the southeast comer of the Southeast Quarter of Section 12, Township 11 North,
Range 3 East, Hamilton County, Indiana; thence North 00 degrees 16 minutes 27 seconds West
(~sumed bearing) on the east line of said Southeast Quarter 395.46 feet; thence North 89 degrees
26 minutes 53 seconds West parallel with the south line of said Southeast Quarter 507-14 feet;
thence South 00 degrees 16 minutes 27 seconds East parallel with said east llile 395.46 feet to the
south line of said Southeast Quarter; thence South 89 degrees 26 minutes 53 seconds East on said
south line 507.14 feet to the point of beginning, containing 4.604 acres, more or less.
EXCEPTING THEREFROM the real estate described as Parcel 67 A for Project 1-465-4(128) 127
in Book 167, pages 908-910 in the Office of the Recorder of Hamilton County, Indiana, and
l;leing more particularly described as follows:
A part of the South Hslf of the Southeast Quarter of S'ection 12, Township 17 North, Range 3
East, in Clay Township, Hamilton County, Indiana, described as follows: .
Beginning on the West boundary of State Road 431, North 00 degrees 19 minutes 2S seconds
West (North 00 degrees 16 minutes 27 secol1ds West measured, assumed bearing) 365.30 feet
(along the East line of said Quarter Section) and South 89 degrees 40 minutes 35 seconds West
35.00 feet (South 89 degrees 43 minutes 33 seconds West 46.50 feet, measured) from the
Southeast comer of said Half-Quarter Section; then.ce South 00 degrees 19 minutes 25 seconds
East 291.00 feet (SQuth 00 degrees 24 minutes OS seconds West 297.32 feet, measured) along the
West boundary of State Road 431; thence South 42 degrees 06 IDinutes S8 seconds West 43.93
feet (South 30 degrees 54 minutes 07 seconds West 43.65 feet, measured) along the West
boundary of State Road 431; thence North 04 degrees 49 minutes 07 seconds East 330.75 feet
(North 04 degrees 11 minutes 10 seconds East 335.67 feet, measured) to the point of beginning
and containing 0.101 acres (0.076 acre, II1easured), more or less.
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PAGE 35
AND ALSO EXCEPT:
Parcel 2 (trailhead parcel)
A part of the South Half of the Southeast Quarter of Section 12. Township 17 North. Range 3
East, Hamilton County, Indians, and being a part of the real estate described in Deed Book 330,
pages 631-632, in the Office of the Recorder of Hamilton County. Indiana, and being more
pmticularly descn'bed as follows;
Commencing at the southwest comer of the Southeast Quarter of Section 12, Township 17
North, Range 3 East, Hamilton County, Indiana, and being more particularly described as
follows: '
Commencing at the southwest comer of the Southeast Quarter of Section 12, Township 17
North, Range 3 East, Hamilton County, Indiana; thence South 89 degrees 26 minutes 54 seconds
East on the south line of said Southeast Quarter a distance of33.00 feet to a point OIl the easterly
right-of-way line of the Monon Railroad, said point also being the Point of Beginning of the
herein described real estate; thence continuing South 89 degrees26 minutes 54 seconds EaSt on
said south line a distance, of 870.94 feet to a point on the prolongation of the southwesterly line
of Parcel 67 Limited Access Right-of-Way for Project I465-4(128) .127 as described in Book
167, page 908-910, in the Office of the Recorder of Hamilton County, Indiana.; thence the
following two calls along the perimeter of said Parcei: 1.) North '72 degrees 16 minutes 03
seconds West 752.27 feet; 2.) North 69 degrees 25 minutes 35 seconds We~ 166.26 feet to a
paint on said easterly right-of-way line; thence South 00 degrees 15 minutes 55 seconds &st on
said right-of-way line and parallel with the west line of said Southeast Quarter 279.16 feet to the
Point of Beginning, containing 2.719 acres, more or less.
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PAGE 36
AND ALSO EXCEPt:
Part of the Southeast'Quarter of Section 12. Township 17 North. Range 3 East in Clay
Township, Hamilton County. Indiana, and more particularly described,as follows:
Beginning at the Southwest Corner of the Southeast Quarter of said Section 12; thence
North 00 degrees 15 minutes 55 seconds West (deed bearing) 278.69 feet along the West
line of said Quarter SectIon. also being the centerline of the Monon Railroad; thence South
89 degrees 44 minutes 05 seconds East 33.00 feet; thence South 00 degrees 15 minutes
55 seconds East 279.16 feet to the South line of said Quarter Section; thence North 89
degrees 26 minqtes 53 seconds West/33.00 feet along said South line to the Point of
Beginning and containing 0.211 acres, more or less.
Also commencing at the Southwest Comer. of the Southeast Quarter of said Section 12;
'thence North 00 degrees 15 minu'tes 55 seconds West (deed bearing) 695.99 feet al,ong
the West line of said Quarter Section, also being the centerline of the Monon Railroad to
the Point of Beginning: Thence continuing North 00 degrees 15 minutes 55 seconds West
640.86 feet along said West line to the North line of the owners' land; thence South 89
degrees 29 minutes 43 seconds East 33.00 feet along said North line; thence South 00
degrees 15 minutes 55 seconds East 640.41 feet;,thence South 89 degrees 44 minutes
05 seconds West 33.00 feet to the Point of Beginning and containing 0.485 acres, more
or less.
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PAGE 37
Exhibit B
"Benefitted ProDerf;y"
7
CD
(l")
~
EXHIBIT liB"
''BnuFITl'ED PROPERTY"
Proposed Lease Area
" part of the South Half of the Southeast Quarter of Section 12. Township 17 North, Range 3 East, Ooy Township. Hamilton
:ounty, Indiana. described as follows: Commencing at the southeast corner of said quarter section; thence South 89 degrees 26
ninutes 54 seconds Eost 33.00 feet olong the south line of said quarter section La the east right-af-woy line of the former Manor.
~Qilroad; thence North 00 degrees 15 minutes 55 seconds West 696.16 feet along the east line of said former Manon Railroad to
H .
6,:he northerly right-at-way line of Interstate 465; thence continuing North 00 degrees 15 minutes 55 seconds West 21.40 feet along
~aid east line lo the northerly line of a 20 foot wide sanitary sewer easement recorded in Easement Record 3, page 442 in the
JUice of the Recorder, Hamilton County, Indiana; thence South 69 d~rees 25 minutes 35 seconds East 112.47 feet along the
.,ortherly line of said sanitary sewer easement to the point of beginning of this description: thence North 00 degrees 15 minutes
55 seconds West 90.00 feet; thence North- 89 degrees 44 minutes 05 seconds East 110.00 feet; lhence South 00 degrees 15
minutes 55 seconds East )31.87 feet to the northerly line of said sanitary sewer easement; thence North 69 d89rees 25 minutes .X
Cilseconds West 117.70 feet along said northerly line to the point of beginning and containing 0.280 acres, more or less.
~
en
lD
.-t
~ Subject to 011 rights-of-way, easements. and restrictions of record.
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PAGE 39
Exhibit C
"Easement Property"
8
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GPI
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