116th - Animal Farm LLCGAD
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CONSENT TO ENCROACH
WITNESSETH:
1
2010010688 ENCROACHME $34.00
03/09/2010 0 8:59:31A 12 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
APPROVC0 AS TO FORM BY
Tl -IIS CONSENT TO ENCROACH (hereinafter the "Agreement") is entered into by and between
Animal Farm. LLC., 0 116 Street, Cannel. I iamilton County, Indiana 46032, "Owner' and the City of
Carmel, Hamilton County, Indiana. by and through its Board of Public Works and Safety "City
WI IEREAS, Owner owns Tract IX as described in Instrument Number 9509566380 recorded on
December 26, 1995 in the Office of the Hamilton County Recorder, which is located within the corporate
limits of the City of Carmel, Indiana, ("Real Estate which is more particularly described in Exhibit A.
attached hereto and incorporated herein by this reference; and
WHEREAS. the current Owner wishes to install a 6 -inch perforated tile on the Real Estate (the
"Site Improvement'); and
WHEREAS, Owner has given the City a sketch ("Sketch depicting the location of the Site
Improvement on the Real Estate, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit B; and
WHEREAS, the Site Improvement will he constructed on a portion of the Real Estate designated
as dedicated public right of way (the "Right of Way"). identified as "116 Street' on Exhibit B: and
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the Site Improvement will encroach (the "Encroachment
upon the Right of Way, which Encroachment is crosshatched on Exhibit B: and
WHEREAS, Owner and City acknowledge the location of the Encroachment; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit B; and
WHEREAS, the location of the Site improvement as indicated by the Owner on Exhibit B should
not materially interfere with the City's use of the Right of Way.
NOW, THEREFORE. for and in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties mutually promise, agree and covenant as follows:
1. The foregoing preambles, recitations and dctmitions are made a part hereof as though such
were fully set forth herein.
2. The City consents to the Encroachment for only so long as
(i) the Encroachment exists; and
(ii) Owner complies with all of the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, landscape, reconfigure
or otherwise change the Site Improvement from what is depicted on Exhibit B, and to
maintain the Site Improvement in good condition and repair.
4. Owner agrees that City shall have the right to remove any portion of the Site Improvement
as City deems necessary, in City's sole discretion, to install, protect and /or repair any utility
lines, sewer lines or drainage ditches located in the Right of Way, or for any other lawful
debrT,s ord •InrcdIp,e:,Icenv. PI'S to clroacI.Li'mv, J,v a III
purpose. and that, should the City take such action, the City shall incur no obligation to
repair, replace or reimburse Owner for the cost of any damages thereby caused to the Site
Improvement, the Real Estate, or to Owner.
5. Owner agrees to indemnify and hold harmless City, its officers, officials, members,
employees, invitees, licensees and agents, from and against any and all losses, liabilities,
damages, claims, judgments, attorney fees and costs arising from any bodily injury and /or
death and from any destruction or damage to any property or improvements, located on the
Real Estate, or otherwise, and /or for any failure of proper disclosure pursuant to Paragraph
I I hereof which results directly or indirectly from any act of Owner, its employees,
contractors and /or agents in, on, under, across or to the Right of Way.
6. Owner agrees to reimburse City for any and all costs and expenses incurred by City
to replace or repair any damage to the Right of Way and any improvements located therein
caused by the installation, construction maintenance and/or operation of the Site
Improvement.
7. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City a recorded copy of same within ten (10) business days of the effective
date of this Agreement. In the event this Agreement is not timely recorded by Owner.
Owner agrees and consents to City recording same. at Owner's sole expense.
8. The parties agree that the terms of this Agreement shall be binding upon and inure to the
benefit of their respective heirs, administrators, successors and assigns.
9. The parties executing this Agreement represent and warrant that they are authorized to
(eh mro rct`: shun''pelnr t'. n rnl, .nernoeF the 10]
3
enter into and execute this Agreement for and on behalf of the party which they represent.
10. This Agreement shall be effective as of the date on which it is last executed by a party
hereto.
1 I The Owner agrees to provide full disclosure of this Agreement to all persons, entities and
others who acquire by or through Owner any interest in the Real Estate on and after the
effective date of this Agreement.
12. Owner agrees to maintain the areas surrounding the outfall of the Site Improvement free
from conditions that may result in or have the potential to result in erosion of soil within
the Right -of -Way due to the concentrated discharge from the Site Improvement.
"OWNER"
ANIMAL FARM, LLC.
onald Glai man, e eral Partner
Date: c.2 -2 f /D
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Date:
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CITY OF CARMEL, INDIANA,
BY AND THROUGI-I ITS BOARD OF
PUBLIC WORKS AND S ETY
dies Brainard, P esid v, Officer
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Burke. Membe
temher
Datc:
Mary Ai
Date:
Lori
Date:
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Tana Cordray, i.A \4C, rk- Treasurer
STATE OF INDIANA
SS:
COUNTY OF Hatt/Alit
Before me, a Notary Public in and for said County and State, personally appeared RONALD
GLANZMAN, GENERAL PARTNER of ANIMAL FARM, LLC. by me known, and who acknowledged
the execution of the foregoing "'CONSENT TO ENCROACH" as his or her voluntary act and deed.
M
Witness my hand and Notarial Seal this am day of Ve oru ?0 w
My Commission Expires:
S'T'ATE OF INDIANA
SS:
COUNTY OF 1 IAMILTON 1
NOTARY PUBLIC
Printed Name
Cej
My County of Residenc t c �_E� e --t
Before me, a Notary Public in and for said County and State, personally appear d JAMES
BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me ki ttrii•to be the
Members of the City of Cannel Board of Public Works and Safety, and DIANAe1�Cki,@lt6I t✓•icrk-
Treasurer of TI -IE CITY OF CARMEL, who acknowledged the execution ofthe`tc�r.egoin� "'w 4-)
ie. i 'F,o
EnEncroach on behalf of the City of Carmel. Indiana.
I:
I l
Witness my hand and Notarial Seal this `day of 7.2:41-1
:1)
NOTARY PUBLIC
My Commission Expires:
C U-nrm J i:,5'■
SAW Printed Name
This instrument was prepared by Douglas C. Haney Esquire, City Attorney. One Civic Square, Carmel,
Indiana 46032. 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.
,,u„ :ha,..d�,,. „.a,,o„c,c.,.,, ,o,.,.m.2V101
My County of Residence:
5
Lit (S a\\Q- L-- Suitt
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Subject to final ceptm 10rtralISfeY—
day of )P e 19 q\
Parcel
THIS INDENTURE WITNESSETH: That Glanzman Properties, L.P. ("Grantor an
Indiana limited partnership, BARGAINS, SELLS and CONVEYS to Animal Farm, LLC
"Grantee an Indiana limited liability company, for the sum of Ten Dollars (510.00) and other
valuable consideration, the receipt of which is hereby acknowledged, certain real estate located
In Hamilton County, in the State of Indiana, being more particularly described in Exhibit A
attached hereto and incorporated by reference herein (hereinafter the "Real Estate subject to
the exceptions set forth in Exhibit B attached hereto and incorporated herein by reference.
Grantor, for itself and its successors and assigns, covenants with Grantee, and its
successors and assigns, that the Real Estate is free from all encumbrances made or suffered by
it except as aforesaid, and that it will, and that its successors and assigns shall, warrant and
defend the same to the said Grantee and its successors and assigns against the lawful claims and
demands of all persons claiming by, through or under it, but against none other.
Grantor is a limited partnership duly organized under the laws of Indiana, and the person
executing this deed on behalf of Grantor is fully empowered by proper action of the partnership
to execute and deliver this deed. Grantor has full capacity to convey the Real Estate and all
nerescary partnership action for the making of such conveyance has been taken and done. There
is no Indiana gross income tax due on the transfer made by this conveyance.
IN WHEREOF, Grantor has executed this Limited Warranty Deed this
day of ,1995.
Audi lo:
Nemlllon County
LIMITED WARRANTY DEED
EXHierr rr
Instruaent
9509566380
GLANZMAN PROPERTIES, L.P.
7
onalr Glanzma 93eneral Partner
9509566360
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
Onn 12 -26 -1990 At 04:33 po.
Vol. 0 Page 0
1
7
STATE OF —/JI f F. f a
COUNTY OF //]a r nN
Before me, a Notary Public in and for said County and State, personally appeared Ronald
Glanzman, a General Partner of Glanzman Properties, L.P., who acknowledged execution of the
foregoing deed as such General Partner acting for and on behalf of Grantor, and who, having
been duly sworn, stated that the representations therein contained are true.
Witness my hand and Notarial Seal this /31/'. day of Dee em he 1995.
•9C
o 1 tAsl
My Commission Expires:
Send tax statements to and
Grantee's mailing address is:
SS:
7 JJdL4 inn
/9)R woocL
Pnntedl Notary Public
County of Residence:
r( -S IQ56 `-4
Mr. and Mrs. Ronald Glanzman
757 Roundhill Road
Indianapolis, Indiana 46260
This instrument was prepared by Gordon D. Wishard, Esq., ICE MILLER DONADIO
RYAN, One American Square, Box 82001, Indianapolis, Indiana 46282; (317) 236 -2100.
EXH ;&'r "a
Exhibit A
TRACT VI; Part of the Ilest'ilalf of the Southwest Qua of Scotian 34,'Tawnshipe
18 North, Range 3 East in Hamilton Ceunty, follows;
seginning on tha East line of the West half .of•'tha'southwost'
Quarter of e
34, Township 18 north, Ranee 1 East 730.00• f m
ot-00 dogmas 41 minuttes s 24
24
seconds Nast (assumed bearing) froth a stone' Cound at'tho'tlortsest cornar•a said
Halt Quarter, thence South 00 degrees 41 mi,,24 seconds West on said East.
t
48 mh
lino 682,50 Coat, thence South 89 degrees 48 minutes 00 seconds ;lest parallel
with the North line of the Hest Half of said' Southwest.Quarter•1276,65 feet
thence North 00 degrees 41 minutes 24 soconds.East.patallel.with the East•1Lne of
the West Half of said southwest Quarter 68200-feet -a point'that is 770,00
feet South 00 degrees 41 minutes 24 seconds'West of the'ttorth' line of said-Ilalf
Quarter Section; thenco North 89 degrees 48,mindtos 0- O'seconds East parallel
with said North line 1276.65 fectIto the Doglnning. point)_ containing 20.00 ecru,
more or less.
TRACT VII: 'Part of.the West Ralf of the southtest Quarter'of:seotlon 34 and part
of the East Half of the Southeast Quarter of :section 73, said sections 33 and 34
being part of Township 10 North, Range 3 East■in Hamilton County, Indiana. being
more particularly described as'follows,
Commencing at a stone found at thellaetheast'corner of the:West Half of the
Southwest Quarter of Section 741.:Township 18:Hotth, Range,3"East in Hamilton
County, Indiana; thence South '-00 :dagrees;.4i :binutes.24 seconds West (assumed
bearing) on the East lihe af':sald:tgost:llalf;:. 730;00' feet .'.to..thepolnt.of :begihhing
of the tract herein doscrlbed thence ..forth 24 seconds .East
on the East lino of .said.t•lest half :,50' ;00;feetl•,thence• South589:dogroos 48
00 seconds West 'parallel t+ith•the•North illnd bbYoald;West'llalf
1409.44 feet; thence Ilorth 00 degrees :41"minutes'24 seconds`East'parallel'wlth
the East lino of said' Hest Half,680,76,feet,to :the tlortt line"of the Southeast
Quarter of Section 33.of said Township and :Range :thence llott dogrees.57
minutes 35 soconds West on the )lorth'•lino of.sdid southeast;Quarter 041.68 f
-to the West line of the Real Estate described•in Deed Record.184.on pages
thru 230 of the Hamilton County'Roccrder's records] thenco:South.00 degree8,33
minutes 05 seconds West on the ;lest :llne•'of'said Real'Estate feot"to'a
line which bears South 09, decree9'..48 minutes' 0 with the
North line of said Hest half from the point oL'boginning,.thanco North 09 dagraos
48 minutes 00 seconds East parallel with the Ilorth' lino of.:said West half 2249.39
feet to the point of beginning; containing. 15,740 acres,.mort.or less.. ,,..ve.
Page 1 of 2
EX f} n
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TRACT VIII, Part' of the West Halt of the southwest Quarter of.section 342:
Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly'
described as follows: ••5.
co!mencing at a stone found at the Northeast 'corner ot'the Wast•Half of tho
southwest Quarter of Section 34, Township 18 North, Range 3 East in Hamilton
County, Indian; thenee.South 00 degrees 41 minutes 24:seconds West,lassumed
bearing) on the East lino of said Nest Half 1412.50 feat to the point of
beginning of the tract herein described; thence South 89 degrees 48 minutes 00
seconds West parallel.with the North line of said.West Half 714.63 feet; thence
South 00 degrees 41 minutes 24 seconds West parallel with the East line of said
West Half 1220.06 feet to the South line of said.West Half,. thence North 89
degrees 40 minutes' 05 seconds East.an tho'South line of Wost Half 714.66
feet to the East line of said West Half; thence North 00 degrees 41 minutes 24
seconds East on the East line of said West Half 1218,41 feet to-the point of
beginning; containing 20,000 acres, more or less.
IX: Part of the East Half of the Southeast of Section 3] and Part
of the West Half of the southwest Quarter of Section 34, all in Township 18
North, Range 3 East in Hamilton County, Indiana more particularly described as
follows:
Beginning at a stone found'at the Northeast:corner of the'West Half of the
Southwest Quarter of Section 34, Township 18 North, Range 3 East; thence South 00
degrees 41 minutes 24 seconds West (assumed bearing) on the East, line thereof
1412.50 feet; thence South 89 degrees 48 minutes :00 seconds West parallel with
the North line of said Half Quarter Section -714.63.feet•to the Beginning
Point of the Real Estate herein described; continuing thence South 89 degrees 48
minutes 00 seconds West parallel with said North.11ne 562.02 feet; thence'North
00 degrees 41 minutes 24 seconds. East parallel with the East lino of said Half
Quarter 682,50 feet to a point that 1s 730.00 feet South 00 degrees 41 minutes 24
seconds 'lest of the North line of said Half Quarter; thence South 89 degrees 48
minutes 00 seconds West parallel with said North.line and the Westerly
prolongation thereof 972.74 feat to the West line•of real estate described in
Deed Record 184, pages 228 -230 in the Office of .the Recorder of Hamilton County,
Indiana; thence South 00 degrees 33 minutes 05 seconds West (this and the,
following two courses are on said West line) 800.66 feet; thence North 89 degrees
59 minutes 55 seconds East 7,94 Eeet;,therce•South 00 degrees 26 minutes 72
seconds West 520.26 feet to a'point'011 the North-line-of the' South. adjoining real
estate (which point Is 579.73 feet 00 degrees '26 minutes 32 seconds East of
a point on the South line of the Southeast'tQuarter of Section 33, Township-18
North, Range 3 East that is 1730.70 feet North 09 degrees 59 minutes 55 seconds
East of the Southwest corner thereof); thence'Sauth 89 degrees 50 minutes 37
seconds East on the North line cf.said South:adjoining real estate 1145.19 feet
to the Northeast corner thereof; thence South 00 degrees 37 minutes 42 seconds.
West on the East line of said real estate 575.27,feet to the South line of the
Southwest Quarter of Section 34 aforesaid; thence North'89 degrees 40 minutes 05
seconds East an said South line 376.75 feet to a•lino'which'bears South 00.
degrees 41 minutes 24 seconds West of the true beginning point, thence North 00
degrees 41 minutes 24 seconds East on said 11ne.1220.06 feet.ta the True
Beginning Point; containing 42.715 acres, more or:less.,.:.
Page 2 of 2
EXHinir n4 P
4/G
Exhibit 11
Subject to the rights of the public in and to that portion of the real estate lying within the bounds
of Clay Center Road and 116th Street.
Subject also to rights of way for drainage tiles, ditches, feeders and laterals if any as shown on
a survey by Weihe Engineers, Inc., dated September 4, 1985.
Subject also to any riparian rights associated with Beaver Branch, a natural drain, as denoted
on survey dated June 17, 1983 by Weihe Engineers.
Subject also to a right-of-way granted to Shell Petroleum Corporation by Annie Heather dated
September 28, 1937 and recorded November 3, 1937 in Miscellaneous Record 33, page 290 as
Instrument Number 1339. Receipt for Additional Consideration recorded on May 31, 1968 in
Miscellaneous Record 106, page 25 as Instrument Number 1287. Amended in Agreement
Partially Releasing and Amending Pipeline Easement between Shell Oil Company and Ethel Janet
White Hamilton, Russell White Hamilton and Lucius Hamilton III dated October 10, 1983 and
recorded November 2, 1983 in Easement Record I, Page 486 as Instrument Number 83 -13974
and all recorded in the Office of the Recorder of Hamilton County, Indiana.
Subject also to a Gas Line Easement granted to Indiana Gas Company, Inc. dated March 8, 1985
and recorded June 17, 1985 in Easement Record 2, Page 908 as Instrument Number 85 -8049
in the Office of the Recorder of Hamilton County, Indiana.
Subject also to a Gas Line Easement granted to Indiana Gas Company, Inc. dated July 12, 1985
and recorded July 15, 1985 in Easement Record 3, Page 14 as Instrument Number 85 -9760 in
the Office of the Recorder of Hamilton County, Indiana.
Subject also to any zoning and governmental land use regulations, and the following matters of
record: covenants, agreements, restrictions, limitations, conditions and legal easements of
record. Subject to rights -of -way for drainage tiles, ditches, feeders and laterals, if any, and
rights -of -way of record, and any matters which would be disclosed by an accurate survey.
Subject to all current, non delinquent real estate taxes and assessments.
Subject also to the following restrictions contained in the following deeds:
(Tract VI) The use restrictions applicable to Tract VI contained in a warranty deed from Ethel
Janet White Hamilton, life tenant, and Russell White Hamilton and Lucius 0. Hamilton, III as
remaindermen to James T. O'Neal, Jr. dated January 12, 1990 and recorded January 16, 1990
as Instrument Number 9001244 in the Office of the Recorder of Hamilton County, Indiana.
Page 1 of 2
EXHIelr Ir
(Tracts VII, VIII) The use restrictions applicable to Tracts VII and VIII contained in a warranty
deed from Ethel Janet White Hamilton, life tenant, and Russell White Hamilton and Lucius 0.
Hamilton, III as remaindermen to James T. 'O'Neal, Jr. dated January 12,1990 and recorded
January 16, 1990 as Instrument Number 9001245 in the Office of the Recorder Of Hamilton
County, Indiana.
(Tract IX) The use restrictions applicable to Tract IX contained in a warranty deed from Ethel
Janet White Hamilton, life tenant, and Russell White Hamilton and Lucius 0. Hamilton, III as
remaindermen to James T. O'Neal, Jr., dated January 12, 1990 and recorded January 16, 1990
as Instrument Number 9001246 in the Office of the Recorder of Hamilton County, Indiana.
294610.1
Page 2 of 2
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