HomeMy WebLinkAboutApplicationTingley, Connie S
From: Butler, Angelina V
Sent: Monday, December 22, 2003 11:09 AM
To: Tingley, Connie S
Subject: FW: Docket No. Assignment: (V) Park Northwestern, Lot 13A (V- 130 -03 #03120023)
Connie, please fax this to Mr. Ewing. the docket e -mail has changed to reflect him as the contact.
thank you.
Connie,
Please print and fax this e -mail to the petitioner identified below and update the file. I have issued the necessary Docket
Number for (V) Park Northwestern, Lot 13A It will be the following:
V- 130 -03 #03120023
Total Fee:
$655.00
$655.00
Park Northwestern, Lot 13A (V- 130 -03/ #03120023)
The applicant seeks the following development standards variance:
V 130 03 #03120023 §25C.7 3 -acre minimum tract size
The site is located at the southwest corner of Michigan Rd Northwestern Dr.
The site is zoned I -1 /Industrial within the US 421/Michigan Rd Overlay Zone.
Filed by Greg Ewing of Bingham McHale, LLP for Java Partners, Ltd.
Petitioner, please note the following:
1. This Item was on the December 17th agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, January 1, 2004. Published notice
is required within the Indianapolis Star.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, January 23.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no
later than noon, Friday, January 16. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition to the Monday, February 23, 2004, agenda of the BZA.
5. This Item will appear on the January 26, 2004 agenda of the Board of Zoning Appeals under Public Hearings.
6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheets for each petition the night of the
meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot
sheets must be collated.
PETITIONER: refer to your instruction sheet for more details.
Please contact Mr. Ewing at 635 -8900 (Fax: 236 -9907 with this information. Once the file is updated please return it to
my office.
Thank you,
Angie
aro-v
c,fr
NOTES:
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317- 571 -2417
Fax: 317- 571 -2426
FACSIMILE TELECOPY COVER LETTER
DATE: December 22, 2003
TO: Greg Ewing, Bingham McHale, LLP
FAX: 236 -9907
FROM: Connie
Attached hereto are 2 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
Attached is the filing information for:
Park Northwestern, Lot 13A, Java Partners, Ltd.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender, The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. if you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. if you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return of the forwarded documents to us.
Tingley, Connie S
From: Butler, Angelina V
Sent: Thursday, December 18, 2003 9:25 AM
To: Tingley, Connie S
Cc: Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike
P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz,
Jon C
Subject: Docket No. Assignment: (V) Park Northwestern, Lot 13A (V- 130 -03 #03120023)
Connie,
Please print and fax this e -mail to the petitioner identified below and update the file. I have issued the necessary Docket
Number for (V) Park Northwestern, Lot 13A It will be the following:
V- 130 -03 #03120023
Total Fee:
$655.00
$655.00
Park Northwestern, Lot 13A (V- 130 -03/ #03120023)
The applicant seeks the following development standards variance:
V 130 03 #03120023 §25C.7 3 -acre minimum tract size
The site is located at the southwest corner of Michigan Rd Northwestern Dr.
The site is zoned I -1 /Industrial within the US 421 /Michigan Rd Overlay Zone.
Filed by Trent Newport of Crossroad Engineers for Java Partners, Ltd..
Petitioner, please note the following:
1. This Item was on the December 17th agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, January 1, 2004. Published notice
is required within the Indianapolis Star.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, January 23.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no
later than noon, Friday, January 16. Failure to submit Informational Packets by this time will result in the automatic
tabling of the petition to the Monday, February 23, 2004, agenda of the BZA.
5. This Item will appear on the January 26, 2004 agenda of the Board of Zoning Appeals under Public Hearings.
6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheets for each petition the night of the
meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot
sheets must be collated.
PETITIONER: refer to your instruction sheet for more details.
Please contact Mr. Newport at 780 -1555 (Fax: 780 -6525 with this information. Once the file is updated please return it
to my office.
Thank you,
Angie
/;-/?-o3
/e)!/
1
i
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317- 571 -2417
Fax: 317- 571 -2426
FACSIMILE TELECOPY COVER LETTER
DATE: December 18, 2003
TO: Trent Newport, Crossroad Engineers
FAX: 780 -6525
FROM: Connie
Attached hereto are 2 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
NOTES:
Attached is the filing information for:
Park Northwestern, Lot 13A, Java Partners, Ltd.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return of the forwarded documents to us.
Butler, Angelina V
From: Babbitt, Pamela A
Sent: Wednesday, December 10, 2003 3:18 PM
To: Brewer, Scott I; Butler, Angelina V; Dobosiewicz, Jon C; Hollibaugh, Mike P; Lillig, Laurence
M; Pattyn, Dawn E
Subject: new
Java Parnters, ltd
10460 Michigan Road
DSV
contact:
Trent Newport
780 -1555
!Jo
2G) �z�a
poide_ ��.re�m (c)• i3
CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
FEE: $655.00 for the first plus $72.50 for each additional section of the ordinance being varied.
DOCKET NO. DATE RECEIVED:
1) Applicant: Java Partners, Ltd., by Mary E. Solada
61- (x c\-°-)'k
(1.. ,3� Address: Bingham McHale LLP, 10 W. Market Street, 2700 Market Tower, Indianapolis, Indiana, 46204
r s- fob
�„D 2) Project Name: Phone:
W, .1,`1‘ Engineer Architect:: Trent E. Newport, P.E., L.S.
J
Q Attorney: Mary E. Solada
Phone: 635-8900
3) Applicant's Status: (Check the appropriate response) 1 V W 2 i Q C[61
a) The applicant's name is on the deed to the property
X b) The applicant is the contract purchaser of the property
c) Other:
4) If Item 3) c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
5) Record of Ownership:
Deed Book No. /Instrument No.: 2002 23495, 97 -8731, 86 -20827
Tax Map Parcel No.: 17- 13- 07- 00 -01- 013.000, 17- 13- 07- 00 -01- 012.101
Phone: 780 -1555
Phone:
Page: Purchase date: 3- 27 -02, 3- 10 -97, 9 -24 -86
6) Common address of the property involved: 10460 Michigan Road Po,, to of v-h we'4e
A al)
Legal description: See Site Plan (Legal Description Therein) i
7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the
section number(s) of the Carmel /Clay Zoning Ordinance which applies and /or creates the need for this request).
Petitioner desires to construct a commercial building for a coffee shop and one or two tenant spaces (probable bank
branch) on a 1.319 acres parcel. The eastern majority portion of the site was included in a larger parcel acquired by
the current owner in 1986, while the western minority portion of the site was acquired by the current owner in 2002.
The Carmel /Clay Zoning Ordinance (US Highway 421 Michigan Road Corridor Overlay Zone) (23C.7) states that
the minimum area covered by a Development Plan must be 3 acres, except that an undersized lot recorded prior to
September 7, 1988 may be used for any use permitted in the Overlay Zone.
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8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet
entitled "Findings of Fact Development Standards Variance
The variance would not be necessary had the existing lot configuration been recorded in 1986, prior to the 1988
"Effective Date" of the 3 -acre minimum standard. A portion of the site was included in a parcel recorded in 1986.
The undersized lot is mitigated by the inclusion of the western portion of the site, as acquired by the current owner in
2002. The intent of this acreage provision of the US Highway 421 Michigan Road Corridor Overlay Zone is to
prevent the subdivision of commercial /industrial property, resulting in multiple small parcels with unacceptable
functional and aesthetic consequences. However, much of the subject parcel was created originally in 1986, as part
of the Park Northwestern development, pre datinq the Overlay Ordinance. Additionally, the subject parcel is
adequately large enough to accommodate the functional and aesthetic intentions of the Overlay Zone.
9) Present zoning of the property (give exact classification): 1 -1; US Highway 421 Michigan Road Corridor Overlay
10) Size of lot/parcel in question: 1.319 acres
11) Present Use of the property: Undeveloped
12) Describe the proposed use of the property: Commercial building, with a coffee shop and one or two additional
tenant spaces (probable bank branch)
13) Is the property: Owner occupied
Renter occupied as proposed
Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property
that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number,
decision rendered and pertinent explanation.
No
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
late Winter early Sprinq of 2004
17) If the proposed variance is granted, who will operate and /or use the proposed Improvement for which this
application has been filed?
Principally a Starbucks coffee shop and one or two additional permitted commercial tenants (probable bank branch)
NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (25) days prior to the public
hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the
hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MAMDATORY, two methods of notice are
recommended:
1) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt
should be stamped by the Post Office at least twenty -five (25) days prior to the public hearing date).
(SEAL)
STATE OF INDIANA
SS:
(Property Owner, Attorney, or Power of Attorney)
AFFIDAVIT
I, hereby swear that I am the owner /contract purchaser of 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 knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to
this application and subsequent hearings and testimony.
Signed:
(Property Owner, Attorney, or Power of Attorney) Date
Mary E. Solada, ESQ.
(Please Print)
County of Before me the undersigned, a Notary Public
(County in which notarization takes place)
for County, State of Indiana, personally appeared
(Notary Public's county of residence)
day of 2003.
and acknowledge the execution of the foregoing instrument this
Notary Public Signature
Notary Public Please Print
My commission expires:
/Z 9 -03
DOCKET NO. V- 130 -03 #03120023 (Lot Size) DATE RECEIVED:
04010013 V (Landscaping)
1) Applicant: Java Partners, Ltd., by Mary E. Solada
Address:
CITY OF CARMEL CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
DEVELOPMENTAL STANDARDS VARIANCE REQUEST
FEE: $655.00 for the first plus $72.50 for each additional section of the ordinance
Bingham McHale LLP, 10 W. Market Street, 2700 Market Tower, Indianapolis, Indiana, 46204
2) Project Name:
Engineer Architect:: Trent E. Newport, P.E., L.S.
Attorney: Mary E. Solada
3) Applicant's Status: (Check the appropriate response)
a) The applicant's name is on the deed to the property
X b) The applicant is the contract purchaser of the property
c) Other:
4) If Item 3) c) is checked, please complete the following:
Owner of the property involved:
Owner's address: Phone:
5) Record of Ownership:
Deed Book No. /Instrument No.: 2002 23495, 97 -8731, 86 -20827
Page:
Purchase date: 3- 27 -02, 3- 10 -97, 9 -24 -86
6) Common address of the property involved: 10460 Michigan Road
Legal description: See Site Plan (Legal Description Therein)
Tax Map Parcel No.: 17- 13 -07 -00 -01 -013.000, 17 -13 -07 -00-01 -012.101
Phone:
Phone: 780 -1555
Phone: 635 -8900
O PI-,
L,
being varied.
State explanation of requested Developmental Standards Variance: (State what you want to do and cite the
section number(s) of the CarmeVClay Zoning Ordinance which applies and /or creates the need for this request).
V- 130 -03 (Lot Size): Petitioner desires to construct a commercial building for a coffee shop and one or two tenant
spaces (probable bank branch) on a 1.319 acres parcel. The eastem majority portion of the site was included in a
larger parcel acquired by the current owner in 1986, while the westem minority portion of the site was acquired by
the current owner in 2002. The Carmel /Clay Zoning Ordinance (US Highway 421 Michigan Road Corridor Overlay
Zone) (23C.7) states that the minimum area covered by a Development Plan must be 3 acres, except that an
undersized lot recorded prior to September 7, 1988 may be used for any use permitted in the Overlay Zone.
104010013 V (Landscaping)R Petitioner requests an additional variance of the US Highway 421 Michigan Road
Corridor Overlay Zone 23C10) to provide for reduced landscaping within a 95 -foot wide area along the north
property line, due to the Panhandle Eastern Pipe Line Company not permitting the installation of significant
landscaping within this high pressure pipeline easement. Without such a variance of the US Highway 421 Michigan
Road Overlay Zone, the property would effectively be rendered unable to be developed.
8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet
entitled "Findings of Fact Development Standards Variance
V- 130 -03 (Lot Size): The variance would not be necessary had the existing lot configuration been recorded in 1986,
prior to the 1988 "Effective Date" of the 3 -acre minimum standard. A portion of the site was included in a parcel
recorded in 1986. The undersized lot is mitigated by the inclusion of the westem portion of the site, as acquired by
the current owner in 2002. The intent of this acreage provision of the US Highway 421 Michigan Road Corridor
Overlay Zone is to prevent the subdivision of commercial /industrial property, resulting in multiple small parcels with
unacceptable functional and aesthetic consequences. However, much of the subject parcel was created originally
in 1986, as part of the Park Northwestern development, pre dating the Overlay Ordinance. Additionally, the subject
parcel is adequately large enough to accommodate the functional and aesthetic intentions of the Overlay Zone.
04010013 V (Landscaping): The landscaping variance is necessary, since the Panhandle Eastem Pipe Line
Company will not permit the installation of otherwise standard landscaping within this high pressure pipeline
easement. Failure to obtain the variance would render the subject property unable to be developed.
9) Present zoning of the property (give exact classification): 1-1; US Highway 421 Michigan Road Corridor Overlay
10) Size of lot/parcel in question: 1.319 acres
11) Present Use of the property: Undeveloped
12) Describe the proposed use of the property: Commercial building, with a coffee shop and one or two additional
tenant spaces (probable bank branch)
13) Is the property: Owner occupied
Renter occupied as proposed
Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property
that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number,
decision rendered and pertinent explanation.
No
15) Has work for which this application is being filed already started? If answer is yes, give details: No
Building Permit Number:
Builder:
16) If proposed appeal is granted, when will the work commence?
late Winter early Spring of 2004
17) If the proposed variance is granted, who will operate and /or use the proposed Improvement for which this
application has been filed?
Principally a Starbucks coffee shop and one or two additional permitted commercial tenants (probable bank branch)
NOTE:
LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (25) days prior to the public
hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the
hearing.
I, hereby swear that I am the owner /contract purchaser of 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 knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to
this application and subsequent hearings and testimony.
County of V
for
STATE OF INDIANA
alu ASl'Th
IS day of a/ra
Signed: c I v
SS:
(County in which notarization takes place)
(Notary Public's county of residence)
oIa
(Prope y O ner, Attorney, or Power of Attorney)
AFFIDAVIT
(Property Owner, Attorney, or Power of Attorney) Date
Mary E. Solada, Esq.
(Please Print)
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing instrument this
2001.
Public Sign.ture
Notary Public Please int
My commission expires:
Before me the undersigned, a Notary Public
J
WITNESSETH:
13157
AMENDMENT OF RIGHT -OF -WAY GRANTS
357 HIS T AGREEMENT, made as of the f day of /�''�`I�2�i'l, 19 by and between Miss Lola A. Beelar, a single woman, George
g
P. Sweet and William H. Merrill, Jr., hereinafter referred to as
"Grantors and Panhandle Eastern Pipe Line Company, a.corporation,
having an office at 3444 Broadway, Kansas City, Missouri, herein-
after referred to as "Grantee
THAT WHEREAS, Grantors represent that collectively they
are the present owners of the following described tract of land,
hereinafter referred to as "TRACT A situated in Hamilton County,
State of Indiana, which is described as follows:
TRACT A: A tract'of land situated in the Northwest Quarter of
Section 7, Township 17 North, Range 3 East, Clay Town-
ship, Hamilton County, State of Indiana, more particu-
larly bound and described as follows:
Commencing at the Southwest corner of said quarter sec
i tion, thence on an assumed bearing of N. 89° 11' 09" E.
A fgon and along the South line of said quarter section a
z �dsstance of 330 feet to the point.of beginning; thence
0 14' 30" W. a distance of 2,674.00 feet to a point
th N orth line of said
r quarter section (centerline
u §ef West 106th Street); thence N. 88 57' 00" E. upon
o. and along said North line a distance of 851.20 feet;
hence S. 0 00' 00" W. a distance of 245.70 feet to a
1point on the centerline of U. S. Route 4n (Michigan
4J to oad); thence S. 20 56' 44" E. upon and along said
b g, enterline a distance of 1,484.00 feet; thence S.
o W 0 x909 00' 00" W. a distance of 705.50 feet; thence S.
w z 0 00' 00" W. a distance of 265.00 feet; thence
s w S, 90 00' -00" E. a distance of 175.00 feet; thence
S. 0 00' 00" W. a distance of 781.00 feet; thence S.
t W z 89° 11' 09" W. upon and along the South line of said
g l quarter section a distance of 839.86 feet to the point
of beginning, and containing 59.309 acres, more or less,
but subject to all legal highway rights -of -ways and
easements thereunto belonging,
which said TRACT A, AMONG OTHER LAND, is subject to the following
described Right -of -Way Grants:
1, Right -of -Way Grant dated October. 29, 1935, made by
Rolla E. Williams and Delia R. Williams, husband and
wife; Harold A. Beelar and Margaret Beelar, husband
and wife; Ivy M. Axline, widow; Lola Beelar, unmar-.
ried; Harry K. Beelar and Mamie Beelar, husband and
.wife; Aletha Good and Paul Good, wife and husband;
Vern R. Lane, as grantors, in favor of Indiana Gas
Transmission Corporation, its grantees, successors
and assigns, as grantee, recorded in office of the
Recorder in and for Hamilton County,. Indiana, in
Vol. 32, page 362;
2.. Right -of -Way Grant dated April 7, 1951, made by Lola
A. Beelar, an unmarried adult, as, antor, in favor
BOOK 80 PAGE 494
and
tOOK 2 O PAGM 495
of Grantee, its successors and assigns, as grantee,
recorded in the office of the Recorder in and for
Hamilton County, Indiana, in Record 40, page 306;
and
3. Right -of -Way. Grant dated March 10, 1962, made by
Lola A. Beelar, a single woman, 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 68, page 11;
WHEREAS, Grantee has succeeded to all of the right,
title, and interest of Indiana Gas Transmission Corporation in,
to, and under the.first above described Right -of -Way Grant; and
WHEREAS,' under and pursuant to the above described Right-
of-Way Grants, there have heretofore been constructed on, over, and
across TRACT A four high pressure, large diameter, interstate
natural gas transmission pipelines owned, operated, and maintained
by Grantee and hereinafter referred to as Grantee's Lines 100,
200, 300 and 400; and
WHEREAS, the above described Right -of =Way Grant desig-
nated as Item 3 also authorizes Grantee to construct, maintain, and
operate an additional pipeline on, over, and across TRACT A; and
WHEREAS, Grantors have requested Grantee to release, sur-
render, anc relinquish the aforesaid Right -of -Way Grants INSOFAR
and INSOFAR ONLY as they cover that portion of the aforesaid TRACT
A which lies OUTSIDE of three certain strips of land hereinafter
described.
NOW, THEREFORE, 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, here-
by release, surrender, and relinquish unto Grantors, their heirs,
successors and assigns, all of Grantee's right, title, and interest
in, to, and under the above described Right- oft4Way Grants, INSO-
FAR and INSOFAR ONLY as they cover that portion of TRACT A which
lies outside of three certain strips of land, on the first of
which said strips of land, hereinafter referred to as PIPELINE
EASEMENT "A Grantee's Lines 300 and 400 are located, and on the
other two of which said strips of land, hereinafter referred to
as PIPELINE EASEMENTS "B" and "C Grantee's Lines 100 and 200
are located, which aforesaid three strips of land are described
as follows:
PIPELINE EASEMENT "A"
A strip of land 200 feet in width, being 75 feet on the
easterly side and 125 feet on the westerly side, extending
for a distance of the first 1,205 feet, and thereafter a
strip of land 180 feet wide for the remaining 567.49
feet, with this 180 -foot wide strip being 65 feet on the
southeasterly side and 115 feet on the northwesterly side
of the 'centerline described as follows:
2
PIPELINE EASEMENT "B"
Also, a strip of land '150 feet wide, being 75 feet on
each side of the centerline described as follows:
260 496
Commencing at the Southwest corner of the above tract;
thence N: 0 14' 30" W. upon and along the West line of
the above tract 415 feet to the point of beginning;
thence N. 32 15' 00" E. a distance of 1,205 feet; thence
N. 53 22' 42" E. a distance of 567.49 feet to a point
on the centerline of U.S. Route 421 (Michigan Road), said
point being S. 20 56' 44" E. upon and along the center-
line of U.S. Route 421 (Michigan Road) a distance of 980
feet from the intersection of the centerline of U.S.
Route 421 (Michigan Road)and the North line of Section 7
Commencing at the Southwest corner of the above tract;
thence N..89 °'11' 09" E. upon and along the South line
of the above tract 25 feet to the point of beginning;
thence N. 47° 16' 21" E. a distance of 1,109.16 feet to
a point on the East line of the above tract, said point
being N. 0° 00''00" E. upon and along said East line 741
feet from the Southeast corner of the above tract;
PIPELINE EASEMENT "C"
Also, a strip of land 150 feet wide, being 75 feet on
each side of the centerline described as follows:
Commencing at the intersection of the centerline of
U.S. Route 421 (Michigan Road) and the North line of
Section 7; thence S. 20° 56.' 44" E. upon and along said
centerline a distance of 1,745.25 feet; thence S. 90
00' 00" W. a.distance of .185 feet to the point of begin-
ning; thence N. 48 46' 04" E. a distance of 184.20
feet to.a point on the centerline of U.S. Route 421
,(Michigan Road), said point being S. 20° 56' 44" E.
upon and along the centerline of U.S. Route 421 (Mich-
igan Road) a distance•of 1,615.25 feet from the inter-
section of the centerline of U.S. Route 421. (Michigan
Road) and the North line of Section 7;
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 Right -of -Way Grants, SAVE and EXCEPT
as to the three above described strips of land comprising PIPELINE
EASEMENTS "A "B and "C as to each of which said strips of
land the above described Right -of -Way Grants, as herein modified
and amended, SHALL REMAIN IN FULL FORCE AND EFFECT. No release,
surrender, or relinquishment of any part of the above described
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, mobile home, house
trailer, septic tank, drain pipes, trees, lake, reservoir, swim-
ming pool, or other structure, facility, or tree -like growth shall
be hereafter placed, erected, or planted anywhere on the above
described three strips of land (PIPELINE EASEMENTS "A "B" and
"C") reserved, as aforesaid, by Grantee; Provided, however, that
Grantors shall have the right to install or authorize the .installation
ost 8 r;AGE 497
of utility installations on said three reserved bo strips of land so
long as such utility installations are not placed parallel to and
within ten (10). feet. of any of Grantee's aforesaid pipelines and
such future pipeline as Grantee may hereafter construct, and so
long as such utility installations as may cross Grantee's afore-
said 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 three strips of
land (PIPELINE EASEMENTS "A "B" and "C 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 described three strips of land lying with-
in ten (10) feet of any of aforesaid pipelines, and such future
pipeline as Grantee may hereafter construct, be utilized for the
parking of vehicles, and no impervious type pavement 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 pipe-
lines or hereafter constructed pipeline of Grantee, and for the
purpose of applying this limitation, or any other limitation con
tained.herein which would be referable to such future pipeline as
Grantee may hereafter construct on PIPELINE EASEMENT "A it shall
be assumed that such future pipeline will be placed fifty (50)
feet west and northwest of and parallel to Line 400.
4. No cover or overburden shall be removed from any of
the aforesaid pipelines, and such future
hereafter construct, nor shall any lateral ll or subjacent a support be
removed therefrom except temporarily and as an incident to the in-
stallation of utilities hereinabove authorized to be placed across
said three above described strips of land (PIPELINE EASEMENTS "A
"B" and "C or as an incident to the construction of any railroad
track, street, sidewalk, driveway, road, alley, or curbing not
constructed parallel to and within ten (10) feet of any of the
aforesaid pipelines and such future pipeline as Grantee may here-
after construct, 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 Grantors of any of the rights confer-
red on•them under this agreement with respect to the three above
described strips of land reserved, as aforesaid, by Grantee.
5. No railroad track, street, sidewalk, fence,
road,. alley, Curbing driveway,
y, or curbin shall be constructed substantially parallel
to and within ten��`I0
fee of the aforesaid pipelines and such
future pipeline as Grantee may hereafter construct. Nothing herein,
however, shall preclude Grantors, their heirs, successors or assigns,
from constructing any railroad track, street, sidewalk, fence, "drive
way, road, alley, or curbing ACROSS Grantee's aforesaid pipelines,
and such future pipeline as Grantee may hereafter construct, so long
as said facilities shall cross Grantee's aforesaid pipelines at ap-
proximate right angles thereto; Provided, however, that if the pro
posed construction by Grantors, or their heirs, successors or as-
signs, of any of said facilities ACROSS any of the aforesaid three
strips of land (PIPELINE EASEMENTS "A "B" and "C would, in
Grantee's opinion, imperil any of the aforesaid
Grantors, their heirs, successors and assigns shall e not e proceed with
such construction; Provided further, however, that Grantors, or their
heirs, successors and assigns, may proceed with such proposed con-
struction after (a) Grantors, or their heirs, successors or assigns,
4
ATTEST
Before me,
0
PA
have 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 connection with whatever protective work,
for example, lowering, encasing, 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 reason-
able period of time as might be required by Grantee to complete such
protective work as be covered by the aforesaid reimbursement
'agreement. Grantee shall, at its own expense, accommodate such
future pipeline as it may construct on PIPELINE EASEMENT "A" to any
THEN EXISTING railroad track, street, sidewalk, fence, driveway,
road, alley, or curbing located on ACROSS said above described
strip of land.
As hereby modified, amended, and restricted, the above
described Right -of -Way Grants,'insofar as they cover or pertain to
any or all of the three above•described.strips of land (PIPELINE
EASEMENTS "A "B" and "C are hereby confirmed and ratified.
This instrument shall be binding upon the parties hereto,
their heirs, successors and assigns.
EXECUTED as of the day and year first hereinabove written.
Assistant Secretary
STATE OF I A%a/h•n1i9
COUNTY OF Al A
ss.
this '91/11 day of.
5
/7 X2c,_ /1
ola A. Beelar
4
weet
William H. Merrill, Jr.
PANHANDLE EASTERN PIPE LINE COMPANY
By -6-1/.4
E. o. Natcou
Vice- President
<E-R. PN&1, a Notary Public;
t /6 l y 197i, Lola A. Beelar, a
ip
tilt:
I OOK
280 499
YAM:
single woman, acknowledged the execution of'the annexed Amendment
of Right -of -Way Grants.
My Commission expires:
STATE OF
COUNTY OF
My Corniesion Expires Jan. 12, 1977
My Commission expires:
t i'
STATE OF
COUNTY OF
Before
day of
edged the execution o
My Commission Expires Jan. 12, 1977
My Commission expires:
My Commission expires:
SS.
SS:
6
AT /a O O'CLOCK /2J M
•NAIR 2 61975
•R 3 0K PAGE
L.,'t/
RLCDROTA HAMILTON COUNTY. INDIANA
Before me, e ase 1" e a Notary Public, this
f day of 197$, Geor P. Sweet acknowledged..
•r
the execution of the an xed Amendment of Right -of -Way Grants.
I-LEliRY PANICOP
VOTARY
This Instrument Recorded Af„v 192,
JUNE M. HEDGES, RECORDER, HAMILTON COUNTY,. IND.
a Notary Public, this
1975, William H. Merrill, Jr. acknowl-
he annexed Amendment of Right -of -Way Grants.
ai
1!' ULM :iZNRY PANKOP
NOTARY
STATE OF MISSOURI' This Instrument Recorded, l 49—
SS. JUNE M, HEDGES, RECORDER, HAMILTON COUNTY, IND,
COUNTY OF JACKSON
Notai`y Public:`
4.
1 Before me, r
a Notary Public, this
/4L day of" „)J, f; 1974personally appeared Panhandle
a tern Pipe Line Company, by 7S c: 07 and
J its Vice President and Assistant Secretary,
respectively; and acknowledged the execution of the foregoing instru-
n(en t
1
This instrument was prepared
by John H. Ross III,
3444 Broadway, Kansas City,
JJ Notary Public
1184