Hamilton Crossing Parcel 3 Building 2 - Duke RealtyCONSENT TO ENCROACH
2007067037 ENCROACHME $36.00
11/30/2007 11:27:21A 13 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
APPROVED AS TO FORM BY
THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between
Duke Realty Limited Partnership, an Indiana limited partnership, 600 East 96 Street, Suite 100,
Indianapolis, Hamilton County, Indiana 46240 "Owner and the City of Carmel "City Hamilton
County, Indiana.
WITNESSETH:
WHEREAS, Owner owns in fee simple certain real estate "Real Estate which is more
particularly described in Exhibit "A attached hereto and incorporated herein by reference "Real
Estate commonly known as Hamilton Crossing, Parcel 3, Building 2, which is located within the
corporate limits of the City of Carmel, Indiana; and
WHEREAS, City owns certain Right of Way "Right of Way which is more particularly
described in Exhibit `B attached hereto and incorporated herein by reference, said Right of Way being
located adjacent to the aforesaid Real Estate; and
WHEREAS, the official deed of the Real Estate was recorded in the Office of the Hamilton
County Recorder on January 10, 1995 as Parcel #16-09-26-00-00-017.000; and
WHEREAS, Owner wishes to construct an irrigation system (the "System on the Real Estate;
and
leb:msword z: shared\ dhillkonsentt oencroach \dukehamiltoncrossingconsent.doc 10/16/07
1
WHEREAS, Owner has given the City a sketch (the Sketch depicting the proposed location of
the System on the Real Estate, a copy of which is attached hereto and incorporated herein by this reference
as Exhibit "C and
WHEREAS, a portion of the System will be constructed outside of but adjacent to the Real Estate
which is designated as Public Right of Way (the "Right of Way identified as Illinois Street on Exhibit
WHEREAS, the Right of Way is beneficial to the City and its residents; and
WHEREAS, as indicated on the Sketch, the System will encroach (the "Encroachments upon the
Right of Way, which Encroachments are crosshatched on the Sketch; and
WHEREAS, Owner and City acknowledge the location of the Encroachments; and
WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or
future improvements not indicated by Owner on Exhibit "C and
WHEREAS, the installation of the System as proposed by the Owner on Exhibit "C" 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 definitions are made a part hereof as though such
[eb ms.ord 10/16/07]
2
were fully set forth herein.
2. The City consents to the Encroachments for only so long as:
(i) the Encroachments exist; and
(ii) Owner complies with the terms and provisions of this Agreement.
3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or
otherwise change the System and/or the Encroachments from what are depicted on Exhibit
4. Owner agrees that City shall have the right to remove any portion of the System 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 any or all of the Right of Way, or for any other
lawful 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
System 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 and/or damage to any property or improvements, located
on the Real Estate, or otherwise, which results directly or indirectly from any act of the
[eb msword:z shared 'dlulll consent oencroach \ukehamdtoncrossingconsent doc 10/161071
3
Owner, its employees, officers, officials, invitees, licensees and/or agents, regarding or
related to the System or the Encroachments in 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 any or all of the Right of Way and/or any improvements
located therein caused by the installation, construction, maintenance or operation of the
System.
7. Owner agrees that this Agreement and all the terms and conditions thereof will be binding
on any entity to which Owner may transfer its responsibility for the System.
8. Owner agrees that its use of the System will not create standing water and/or other drainage
problems that affect the City or adjacent property owners and that, if such problems arise,
City, in its sole discretion, may itself remove or may notify Owner who shall then
immediately remove, all or any portion of the System as is necessary to correct such
problems, at Owner's sole cost and expense.
9. Owner agrees that the water flow from the System shall be directed away from all street
travel lanes and that water from the System shall not be permitted to spray onto, traverse or
otherwise come into contact with any travel lanes or paved areas of any street or street
intersection.
leb msword z sharedW lullkgnsenllcencroach\dukehamiltoncrossmgconsent .doc.10 /16/07]
4
10. Owner agrees that the placement of the System in the Right of Way shall be at Owner's
cost, expense and risk and that, if City, in its sole discretion, performs any work in the
Right of Way, including, but not limited to, the maintenance of grassy areas /landscaping or
the snow plowing of streets or sidewalks, that causes damage to the System, or any part
thereof, any and all repairs to same shall be the sole responsibility of the Owner and that,
under no circumstances shall the City be responsible for any costs of relocation and/or
repair of the System.
11. Owner agrees that certified record drawings of the installed System shall be provided to the
City immediately upon completion of the construction of same, which drawings shall show
by dimensional location, among other things, the location of all sprinkler heads, piping,
controllers, valves, meter pits, and similar System instruments and/or equipment.
12. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and
to provide to City with a recorded copy of same within ten (10) business days from 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 cost and
expense.
13. This Agreement does not include approval of any encroachment of the System within the
leb:msword z \shared\ hiIl\consent toencroach \dukehamiltoncrossingconsent doc:10 /16/07]
5
"OWNER"
DUKE REALTY
LIMITED PARTNERSHIP
dedicated right of way of U.S. Highway 31 now under the jurisdiction of the State of
Indiana Department of Transportation (INDOT).
14. The parties hereto agree that the terms of this Agreement shall be binding upon and inure
to the benefit of their respective heirs, administrators, successors and assigns.
15. The persons executing this Agreement represent and warrant that they are authorized to
enter into and execute this Agreement for and on behalf of the party which they represent.
16. This Agreement shall be effective as of the date on which the last party hereto executes same.
�_.!L i�
J P fer K. Bur
Id 23/27
Date:
Senior Vice President Indiana Office
cb.msword.z.lsharcdWhill conscntta:ncroachWukchanultonarossin conscnt.doc: 0/16/07}
6
"CITY"
Michael T. McBride, P.E., City Engineer
Date: /O/29/2L
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared JENNIFER K.
BURKE; enior Vice President, Indiana Office for Duke Realty Limited Partnership, by me known, and
who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his or her voluntary
act and deed.
Witness my hand and Notarial Seal this 23 day of 9) 0.4elt -e
My Commission Expires:
�CU�•( Z7, Z° I
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for
MCBRIDE, by me known, and by me known
acknowledged the execution of the foregoing
Indiana.
Witness my hand and Notarial Seal this
My Commission Expires:
[eb mse'ord:z: shared/dhi114unsentlorneroach dukehamiltoncrossingconsent doc:10 /16107]
20A.
NOTARY PUBLIC
/Sc.; S curt J
Printed Name
My County of Residence: /1/15,1,4„0,—
RHONDA R. BEISWANGER
Marion County
s My Commission Expires
August 27, 2014
said County and State, personally appeared MICHAEL T.
to be the City Engineer of the CITY OF CARMEL, who
"Consent To Encroach" on behalf of the City of.Carmel,
day of
NOTA PUBLIC
7
(signature)
My County of Residence:
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 1 have taken
reasonable care to redact each Social Security Number in
this docent, less required by la
�3a 9 9'/3/
TCN 76252
4 9501297
SPEC WARRANTY DEED
THIS INDENTURE WITNESSETH, That SPRINGMILL ASSOCIATES, an Indiana
general partnership "Grantor") CONVEYS to DUKE REALTY LIMITED
PARTNERSHIP, an Indiana limited partnership "Grantee for the sum of One Dollar
(51.00) and other valuable consideration, the receipt of which is hereby acknowledged, the
real estate in Hamilton County, Indiana, described inExhibitA attached hereto and forming
a part hereof (the "Real Estate but subject to the lien of real estate taxes for 1994 which
are due and payable in 1995, which real estate taxes and all real estate taxes which become
due and payable thereafter the Grantee assumes and agrees to pay; all easements,
encumbrances, restrictions and other matters disclosed in the title insurance policy issued
to Grantee by Ticor Title Insurance Company under date of September 30, 1993, as
endorsed through the date hereof (the 'Title Policy"); all applicable legal requirements; and
all matters which would be disclosed by an accurate survey of the premises.
TO HAVE AND TO HOLD the Real Estate, together with all improvements,
tenements, rights, easements, privileges, and appurtenances thereunto belonging or otherwise
appertaining or held and enjoyed therewith unto Grantee and its successors and assigns,
subject as aforesaid.
AND GRANTOR, covenants and agrees with Grantee that the property conveyed
is free and clear of all encumbrances made or suffered by Grantor except as disclosed in the
Title Policy; and that Grantor and its successors shall warrant and defend the same unto
Grantee forever against the lawful claims and demands of all persons claiming by, through
or under Grantor, but against none other, except as aforesaid.
IN WITNESS WHEREOF,
day of December, 1994.
DULY ENTERED FOR TAXATION
Subject to final acs lance for transfer
)e day of 19 �75�
i1 D Auditor
U jl�t HamiltonCouaty
Parcel /4 /,1 2_4 110 077 1 17.0v)
/7-"9- cf: 'W�a�
STATE OF INDIANA 14
SS:
COUNTY OF MARION
My Commission Expires:
August 13. 1998
Grantor has caused this Deed to be executed as of the
SPRINGMILL ASSOCIATES
By:
EXHIBIT "Al"
Notary Public
Before me, a Notary Public in and for said County and State, personally appeared
tom Charles Huston, known to me and known by me to be the Assistant General Manager
of Springmill Associates, Grantor herein, who acknowledged the execution of the foregoing
Special Warranty Deed for and on behalf of Springmill Associates pursuant to authority
granted by its Partnership Agreement.
WITNESS my hand and Notarial Seal thi ay of December, 1994.
Tom Charles Huston
Assistant General Manager
5
iding in Greene Counlyt.••�
Von Leieh Wilson
(Prim
Vie))/ Q
This instrument prepared by Tom Charles Huston, Attorney at Law, Barnes Thornburg,
1313 Merchants Bank Building, 11 South Meridian Street, Indianapolis, Indiana 46204.
Tax Statements`•, to: 8888 Keystone Crossing, 0 1200
Indianapolis, IN 46240
Levi Utscripliun
PARCEL 1
PARCEL 3
Part of the Southwest Quarter of Section 26 and part of the Northwest
Quarter of Section 35 all in Township 18 North, Range 3 East in Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Northeast corner of said Northwest Quarter Section;
thence along the North line thereof South 88 degrees 59 minutes 30 seconds
West (assumed bearing) 36.00 feet to a point on the Westerly right of way
line of Pennsylvania Street, the Dedication of Public Right of Way of
which was recorded December 9, 1986 in Book 4 on pages 697 thru 701 in
the Office of the Recorder of Hamilton County, Indiana, which said point
is the Point of Beginning (the next two courses are along said right of
way dedication); (1) thence parallel with the East line of said Northwest
Quarter Section, South 00 degrees 07 minutes 31 seconds East 328.27 feet;
(2) thence North 88 degrees 59 minutes 30 seconds East 35.00 feet to a
point on the East line of said Northwest Quarter Section; thence along
said East line South 00 degrees 07 minutes 31 seconds East 651.74 feet to
a point which bears North 00 degrees 07 minutes 31 seconds West 1641.00
feet from the Southeast corner of said Northwest Quarter Section; thence
parallel with the South line of said Northwest Quarter Section, South 88
degrees 46 minutes 31 seconds West 584.19 feet to a point on the Easterly
right of way line of U.S. Highway 1131 (line "K" for I.S.H.C. Project ST -F-
222(9) DTD 1973); thence along said right of way line North 00 degrees 03
minutes 57 seconds West 1192.83 feet to a point on the Southerly right of
line of 126th Street, the dedication of public right of way of which was
recorded December 9, 1986 in Book 4'on pages 697 thru 701 in said
Recorder's Office; thence along said Southerly right of way line North 89
degrees 54 minutes 47 seconds East 547.69 feet to a point on the Westerly
right of way line of said Pennsylvania Street; thence along said Westerly
right of way line South 00 degrees 10 minutes 07 seconds East 201.78 feet
to the Point of Beginning, containing 15.474 acres, more or less.
Part of the Southwest Quarter of Section 26, Township 18 North, Range 3 East in Hamilton
County. Indiana, more particularly described as follows:
.Commencing at the Northwest comet of said Souu.west Quarter Section; thence along the North
line thereof North 88 degrees 42 minutes 47 seconds East (assumed bearing) 610.00 feet to the
Point of Beginning, which point is the Northeast comer oI Westpark at Springmlll Section Two,
the Secondary Plat of which was recorded September 18. 1990 as Instrument 90.23088 In the
Office of the Recorder of Hamilton County, Indiana; thence continue along saki North line, North
88 degrees 42 minutes 47 seconds East 930.15 feet to a point which lies South 88 degrees 42
minutes 47 seconds West 525.00 feet from the center line of U.S. Highway 131 (line 'K' for
I.S.H.C. Project ST-F-222(9) DTD 1973); thence South 01 degree 17 minutes 13 seconds East
16.50 feet to the approach fight Of way Ilne for the intersection of 131st Street and said U S.
Highway 131 (the next two courses are along said approach right of way line); (1) thence South
54 degrees 47 minutes 08 seconds East 31.10 feet; (2) thence South 84 degrees 01 minute 56
seconds East 324.40 test'to a point on the Westerly right of way line of said U.S. Highway 131,
said point lies on a curve having a radius of 2436.83 feet, the radius point of which bears South
74 degrees 22 minutes 15 seconds East (the next Iwo courses are along said U.S. Highway 131
right of way line); (1) thence Southerly along said curve 667.52 feet to a point which bears South
89 degrees 56 minutes 03 seconds West from said radius point; (2) thence South 00 degrees 03
•minutes 57 seconds East 1588.34 feet to the Nonherly right of way line of 126th Street, the
Dedication of Public Right of Way of which was recorded December 15, 1988 as Instrument
8826758 in the Office of the Recorder of Hamilton County. Indiana (the next four courses are
along the Northerly and Easterly right of way lines of said 126th Street); (1) thence South 89
degrees 54 minutes 47 seconds West 30.04 feet to a curve having a radius of 600.00 tem. the
radius point of which bears North 00 degrees 05 minutes 13 seconds West; (2) thence Westerly
and Northwesterly along said curve 523.60 feet to a point which bears South 49 degree 3 54
minutes 47 seconds West from said radius point; (3) thence North 40 degrees 05 minutes 13
seconds West 699.54 feet to a curve having a radius of 600.00 feet, the radius point of which
bears North 49 degrees 54 minutes 47 seconds East; (4) thence Northwesterly and Northerly
along said curve, 299.23 feet to a point on the Northerly right of way line of Dorset Boulevard per
said Dedication of Public Right of Way, which point bears South 78 degrees 29 minutes 15
seconds West from said radius point; thence along the Northerly right of way line of said Dorset
Boulevard, South 73 degrees 42 minutes 26 seconds West 100.30 feet to the Southeast corner
of said Westpark at Springmili Section Two, which point is on a curve having a radius of 700.00
feet, the radius point of which bears North 77 degrees 48 minutes 12 seconds East (the ner.t Iwo
courses are along the East line of said Westpark at Springmill Section Two); (1) thence Northerly
along said curve 143.80 feet to a point. which bears South 89 degrees 34 minutes 26 seconds
West from said radius point; (2) thence parallel with the West line of said Southwest Quaver
Section, North 00 degrees 25 minutes 34 seconds Wes( 1165.00 feet to the Point of Beginning,
containing 52.059 acres, more or Tess.
EXHIBIT "A2"
\'9
EXCEPTING THEREFROM,
Part of the West Half of the Southwest Quarter of Section 28, Township 18 North, Range 3 East
in Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northwest comer of said Southwest Quarter Section; thence along the North
line lhereol, North 88 degrees 42 minutes 47 seconds East (assumed bearing) 710.01 feet;
thence, parallel with the West line of said Southwest Quarter Section, South 00 degrues 25
minutes 34 seconds East 877.12 feet to the Point of Beginning; thence North 89 degrees 34
minutes 26 seconds East 648.00 feet; thence parallel with the West line of said Southwest
Quarter Section, South 00 degrees 25 minutes 34 seconds East 375.28 feet; thence South 89
degrees 34 minutes 26 seconds West 541.73 feet to a point on a curve having a radius of 600.00
feet, the radius point of which bears North 81 degrees 17 minutes 06 seconds East; thence
Northerly along said curve, 88.80 feet to a point which bears South 89 degrees 34 minutes 26
seconds West from said radius point; thence parallel with the West line of said Southwest Quarter
Section, North 00 degrees 25 minutes 34 seconds West 288.78 feet to the Point of Beginning,
containing 4.117 acres, more or less.
Together with an easement for ingress and Egress over and across,the following described real
estate:
Commenting at the Northwest comer of said Southwest Quarter Section; thence along the o Nrt
l thereof. North 88 degrees 42 minutes 47 seconds East (assumed bearing) o
thence paraflei with the West line of said Southwest Quarter Section, South 00 degrees 25
minutes 34 seconds East 500.00 feat; thence North 89 degrees 34 minutes 28 seconds East
408.00 feet to a curve having a radius of 140.00 feel. the radius point of which bears South 00
degrees 25 minutes 34 seconds East; thence Easterly, Southeasterly, and Southerly along said
curare, 219.91 feet to a point which bears North 89 degrees 34 minutes 26 seconds East from
said radius point; thence parallel with the West line of said Southwest Quarter Section, South 00
degrees 25 minutes 34 seconds East 198.00 feet to the Point of Beginning; thence continuing
parallel with said West line, South 00 degrees 25 minutes 34 seconds East 640.00 feet to a curve
having a radius of 405.00 teat, the radius point of which bears South 89 degrees 34 minutes 26
seconds West; thence Southerly and Southwestedy along said curve 355.83 feet to a point which
bears South 40 degrees 05 minutes 13.seconds East from said radius point; thence South 49
degrees 64 minutes 47 seconds West 49.37 teat to a point on the Northeasterly right of way line
01126th Street, the Dedication 01 Public Right of Way of which was recorded December 15. 1988
as Instrument 8826758 in the Office of the Reorder of Hamilton County, Indiana; thence along
said Northeasterly right of way lime, South 40 degrees 05 minutes 13 seconds East 100.00 feet;
Ounce North 49 degrees 54 minutes 47 seconds East 74.95 feet to a curve having a radius of
340.00 feet, the radius point Of which bears North 40 degrees 05 minutes 13 seconds West;
thence Northeasterly and Northerly along said Curve, 298.72 feet to a point which bears North 89
degrees 34 minutes 26 seconds East from said radius point; thence parallel with the West line
of said Southwest Quarter Section, North 00 degrees 25 minutes 34 seconds West 750.70 feet;
thence South 89 degrees 34 minutes 26 seconds West 60.00 feet to the Point of Beginning.
CONTAINING AFTER SAID EXCEPTION, 47.542 acres, more or less.
PARCEL D
EXHIBIT "A3"
Part of the West Half of the Southwest Quarter of Section 26, Township
18 North, Range 3 East in Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Southwest corner of said Southwest Quarter Section;
thence along the South line thereof North 88 degrees 59 minites 30
seconds East (assumed bearing) 710.00 feet to the Point of Beginning;
thence continuing along said South line North 88 degrees 59 minutes 30
seconds East 470.92 feet to a point which bears South 88 degrees 59
minutes 30 seconds West 146.17 feet from the Southeast corner of tho
West Half of said Southwest Quarter Section; thence North 03 degrees 41
minutes 04 seconds Weat 278.72 feet to a curve having a radius of 207.50
feet, the radius point of which bears North 86 degrees 18 minutes 56
seconds East; thence Northerly and Northeasterly along said curve 194.95
feat to a point which bears North 39 degrees 50 minutes 42 seconds Weat
from said radius point, which point is also on a curve having a radius
of 700.00 feet, the radius point of which bears North 47 degrees 02 1
minutes 49 seconds East; thence Northwesterly along said 700.00 toot:
radius curve 35.02 feet to a point which bears South 49 degrees 54
minutes 47 seconds Weat from said radius point; thence North 40 degrees
05 minutes 19 seconds West 699.54 feet; thence south 49 degrees 54
minutes 47 seconds West 179,21 feet; thence South 01 degree 00 minutes
30 seconds East 830.58 feet to the Point of Beginning, containing 8.442
acres. more 'or leas.
LEGAL DESCRIPTION
Part of the Southwest Quarter of Section 26, Township 18
North, Range 3 East, in Clay Township, Hamilton County,
Indiana, more particularly described as follows:
Portions of the dedicated east half right of way of Illinois Street
(formerly 126 Street) and the Illinois Street/West 126 Street
Roundabout, adjacent to the west and south boundaries of the
Hamilton Crossing Office Park, Parcel 3, Building 2.
As recorded in the Office of the Hamilton County Recorder on
December 15, 1988 as Instrument #8826758 the Dedication of
Public Right of Way for 126 Street.
EXHIBIT "B"
EXHIBIT "C,"
/�1 RIGHT OF WAY ENCROACHMENT
J
J
4 7 ;/4/7 ('a ,-5; ha Ur
11 7 ,--1 640
SoGy. /fcd-y�
7.2'' //a (/1 a90
DUKE REALTY LIMITED PARTNERSHIP
EXHIBIT "C2
////4 RIGHT OF WAY ENCROACHMENT
4 12"
N,,