106th and illinois- JEC Partnership Partial REleaseC&1
CTIC #
a5
2013003753 PT RELEASE $27.00
01/17/2013 03:18:27P 7 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
IIIIVIIIIIIIIIiIIIIIIIIIII IIIIIfiIIII!IIIIIIIIDIIIIIII IIIIIIIIIIIII
(Document Cross Reference Nos. 2011032579 and 2012045619
in the office of the Recorder of Hamilton County, Indiana)
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ARTIAL RELEASE OF RESTRICTIVE COVENANT
MDS
This Partial Release of Restrictive Covenant (the "Partial Release"), entered into this ) 9 day of
December, 2012, by JEC Partnership lI LLC, an Indiana limited liability company ("Owner")
and Gershman Brown Crowley, Inc., an Indiana corporation ("Developer");
WITNESSES THAT:
WHEREAS, JEC Partnership, LP, an Indiana limited partnership (mistakenly identified in the
Development Agreement as JEC Properties LLC, and hereinafter referred to as "Original
Owner") and Developer have entered into a Development Agreement dated as of the 1st day of
March, 2011 ("Development Agreement"), providing for the rezoning and development of an
approximately 63.661 acre parcel of real estate located at the South East comer of 116th Street
and Spring Mill Road, in Hamilton County, Indiana ("Real Estate"); and
WHEREAS, the Original Owner (mistakenly identified as JEC Properties, LLC in the Restrictive
Covenant Agreement) executed and recorded among the land records for Hamilton County,
Indiana as Instrument Number 2011032579, a restrictive covenant (the "Restrictive Covenant
Agreement") which restricts activities by Original Owner regarding the Real Estate without prior
written consent of Developer; and
WHEREAS, Original Owner conveyed 18.565 acres of the Real Estate subject to the Restrictive
Covenant Agreement to Owner under deed dated February 27, 2012 and recorded among the
land records for Hamilton County, Indiana as Instrument Number 2012009773 (with the 18.565
acres being hereinafter referred to as the "East Side Real Estate" and more particularly described
in Exhibit A attached hereto).; and
WHEREAS, the Owner and Developer entered into that certain Partial Release of Restrictive
Covenant, dated August 3, 2012, recorded as Instrument No. 2012045619 in the office of the
Recorder of Hamilton County, Indiana, whereby a portion of said East Side Real Estate was
released from said Restrictive Covenant Agreement; and
WHEREAS, the Owner and Developer have agreed to partially release and terminate the
Restrictive Covenant Agreement in respect of an additional portion of the East Side Real Estate
described in Exhibit B attached hereto (the "Released Parcel").
NOW THEREFORE, in consideration of these premises and other good and valuable
consideration, receipt of which is hereby acknowledged by Owner, Owner and Developer hereby
release the Restrictive Covenant Agreement and such Restrictive Covenant Agreement is hereby
terminated and of no further force and effect, solely with respect to the Released Parcel. The
Restrictive Covenant Agreement shall remain of record and in full force and effect with respect
to the balance of the East Side Real Estate. The parties agree that this Partial Release shall be
recorded among the land records for Hamilton County, Indiana.
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IN WITNESS WHEREOF, Owner and Developer have executed this Partial Release of
Restrictive Covenant on the day and year first written above.
JEC PARTNERSHIP II, LLC
By:
By: JEC Partnership, LP,
its sole member
By: Pittusan Management, LLC,
e general partner
John Pittman, Authorized Agent
GERSI3MAN B
Indiana co
B
CROWLEY, INC., an
(Signature)
Its: ilrtcrc..4 1-Y1. Cr rawle...t
(Printed Name and Title)
STATE OF INDIANA )
++\\ ) SS:
COUNTY OF Asy..<% I-1-a,n )
Before me, allotary Public, in and for said County and State, personally appeared John Pittman,
the Authorized Agent for Pittman Management, LLC, the sole general partner of JEC Partnership
LP, the sole member of JEC Partnership II, LLC, who, having been duly sworn, acknowledged
his execution ofs Partial Release of Restrictive Covenant for and on behalf of JEC Partnership
II LLC, this 19 day of December, 2012. / n
My Commission Expires: 3727/ ;A(G
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(signature)
(printed name) Notary Public
County of Residence:
IN WITNESS WHEREOF, Owner and Developer have executed this Partial Release of
Restrictive Covenant on the day and year first written above.
JEC PARTNERSHIP II, LLC
By:
By: JEC Partnership, LP,
its sole member
By: Pittman Management, LLC,
its e general partner
f
John Pittman, Authorized Agent
GERSHMAN BROWN CROWLEY, INC., an
Indiana corporation
By:
(Signature)
Its:
(Printed Name and Title)
STATE OF INDIANA )
pp )SS:
COUNTY OF j- w i ih )
Before me, a Notary Public, in and for said County and State, personally appeared John Pittman,
the Authorized Agent for Pittman Management, LLC, the sole general partner of JEC Partnership
LP, the sole member of JEC Partnership II, LLC, who, having been duly sworn, acknowledged
his execution of tthhits Partial Release of Restrictive Covenant for and on b alf of JEC Partnership
II, LLC, this Vq.# day of December, 2012.
/07cLi) (K5(,.) -
(printed name)
My Cgmmissidn Expires: T 7 a6 R7 County of Residence:
o A'4 x�`7�t
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CL„J\
fy/ Notary Public
lGrloh
STATE OF INDIANA )
SS:
COUNTY OFSTIAd
Before me, a Notary Public, in and for said County and State, personally appeared
Sm. er kolp., the
0„,E10 of Gershman Brown
Crowley, Inc., an Indiana corporation, who, having been duly sworn, acknowledged his
execution of this Partial Release of Restrictive Covenant for and on behalf of Gershman Brown
Crowley, Inc., this 21 day of December, 2012.
My Commission Expires: ` `N.v \ is
Return Release to:
(signature)
ThrQ.C1a ., S. X1tSnc..Ka .
(printed name)
Notary Public
County of Residence: .Cart CSA
Gershman Brown Crowley, Inc.
600 E. 96th Street, Suite 150
Indianapolis, IN 46240
Attn: H. Spencer Knotts, Esq.
BRENDA S. RASNAKE
Hendncks'Counry,
My Commission 0 Stres
January 10 2
This instrument prepared by 11. Spencer Knotts, Attorney at Law, Gershman Brown Crowley,
Inc., 600 E. 96th Street, Suite 150, Indianapolis, Indiana 46240; Phone (317) 574-7323
I, affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security Number in this document unless required by law. II Spencer Knotts, Attorney at Law.
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EXHIBIT A
LEGAL DESCRIPTION OF
THE EAST SIDE REAL ESTATE
A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East of the Second
Principal Meridian, Clay Township, Hamilton County, Indiana: Commencing at the Northwest
Comer of said Northwest Quarter; thence North 89 degrees 17 minutes 34 seconds East
(assumed bearing) 117.22 feet along the North Line of said Northwest Quarter to the Southwest
Corner of' the Southwest Quarter of Section 35, Township 18 North, Range 3 East, said point
being the point of beginning of the 70.174 acre tract of land described in Quit Claim Deeds
recorded as Instruments No. 9127260, 9127261, 9127262, 9127263, 9127264, 9217780,
9217781, 9217782, 9217783, 9217784, 9413236, 9413237, 9413238, 9413239, 9413240,
9555180, 9555181, 9555182, 9555183 and 9555184 in the Office of the Recorder of Hamilton
County, Indiana, said point also being the point of beginning of the 1.690 acre tract of land
(called Parcel 2) described in a Quit Claim Deed recorded as Instrument No. 200500026462 in
said Recorder's Office; thence South 13 degrees 00 minutes 48 seconds West 261.71 feet along
the tenth course of the land description of said 1.690 acre tract of land (the North 13 degrees 01
minute 47 seconds East 261.67 foot long course) to its origin; thence South 13 degrees 00
minutes 48 seconds West 261.11 feet along the first course of the land description of said 70.174
acre tract of land (the South 12 degrees 59 minutes 10 seconds West 522.967 foot long course) to
the West Line of said Northwest Quarter; thence South 00 degrees 03 minutes 30 seconds West
2,128.98 feet along the West Line of said Northwest Quarter to its Southwest Comer; thence
North 88 degrees 57 minutes 32 seconds East 1,025.00 feet to the Point of Beginning; thence
North 88 degrees 57 minutes 32 seconds East 310.02 feet along the South Line of said Northwest
Quarter to the Southeast Comer of the East Half of said Northwest Quarter; thence North 00
degrees 11 minutes 50 seconds East 995.35 feet along the East Line of the West Half of said
Northwest Quarter to the origin of the fifth course of the land description of said 70.174 acre
tract of land (the South 88 degrees 30 minutes 17 seconds West 89.31 foot long course), the
following two (2) courses axe along the boundary of said 70.174 acre tract of land; 1) thence
South 88 degrees 32 minutes 44 seconds West 89.31 feet; 2) thence North 00 degrees 11 minutes
31 seconds West 749.72 feet to a point called "324" in the land description of the 0.881 acre tract
of land (called Parcel 2B) in the Quit Claim Deed recorded as instrument No. 200500026462 in
said Recorder's Office, the following five (5) courses are along the boundary of said 0.881 acre
tract of land; 1) thence South 89 degrees 48 minutes 29 seconds West 120.01 feet; 2) thence
South 00 degrees 11 minutes 31 seconds East 10.00 feet; 3) thence South 89 degrees 48 minutes
29 seconds West 145 .00 feet; 4) thence South 00 degrees 11 minutes 31 seconds East 10.00 feet;
5) thence South 89 degrees 48 minutes 29 seconds West 174.99 feet to the Eastern boundary of
the 2.319 acre tract of land (called point "319" in the Parcel 2A land description) described In a
Quit Claim Deed recorded as Instrument No. 200500026462 in said Recorder's Office, the
following two (2) courses are along the boundary of said 2.319 acre tract of land; 1) thence South
00 degrees 11 minutes 31 seconds East 22.28 feet; 2) thence South 89 degrees 48 minutes 26
seconds West 130.00 feet; thence South 00 degrees 11 minutes 34 seconds East 175.00 feet;
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thence South 12 degrees 48 minutes 30 seconds East 1568.26 feet to the point of beginning,
containing 18.565 acres, more or less., recorded as Instrument No. 2012009773, in the Office of
the Recorder of Hamilton County, Indiana.
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EXHIBIT B
LEGAL DESCRIPTION OF
THE RELEASED PARCEL
A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana,
described as follows: Beginning at the southeast corner of the West Half of said quarter section; thence South
88 degrees 57 minutes 32 seconds West 85.02 feet along the south line of said quarter section; thence North 1
degree 02 minutes 28 seconds West 50.00 feet; thence North 88 degrees 57 minutes 32 seconds East 86.10 feet
to the east line of said half -quarter section; thence South 0 degrees 11 minutes 50 seconds West 50.01 feet along
said east line to the point of beginning and containing 0 098 acres, more or less.
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