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HomeMy WebLinkAboutCool Creek Trails - Carmel WOods LLC2009044120 EASEMENTS $44.00 07/20/2009 03:35:01P 17 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented Prior Deed Reference: Instrument No.: GRANT OF EASEMENT FOR RECREATIONAL TRAIL This Grant of Easement for Recreational Trail (the `Easement ") is made this day of , 2009 by and between CARMEL WOODS, LLC, an Indiana limited liability company ( "Grantor ") and the CITY OF CARMEL, INDIANA ( "Grantee "). WITNESSETH: 1. Subject Matter of Declaration. Grantor is the owner of certain real estate shown in the attached Exhibit A which is incorporated herein by reference (the "Grantor's Property "). Grantor and Grantee desire to create, upon and subject to the terms and conditions provided herein, an easement on, over, under and across a portion of the Grantor's Property as shown in Exhibit B and Exhibit C, which are incorporated herein by reference (the "Recreational Trail Easement Property") for the construction, use and maintenance of a "linear park/recreational trail ". Linear park/recreational trail shall mean a public trail or path that is used for activities including, but not limited to, bicycling, exercising, walking, hiking, roller - blading and running on, over and across the Recreational Trail Easement Property. 2. Easement Grant. Grantor hereby grants, declares, creates and conveys a non - exclusive, perpetual easement on, over and across the Recreational Trail Easement Property for ingress, egress, construction, installation, maintenance, repair, replacement, use and enjoyment of walking trails, paths, common green space, landscaping, trail signage, drainage and drainage structures, other recreational facilities, underground communication lines installed for Grantee's benefit, and all related facilities, equipment and appurtenances located and/or constructed on the Recreational Trail Easement Property (the "Recreational Facilities "). 3. Construction Use and Maintenance. Grantee, at Grantee's expense, shall have the right to construct, install, maintain, repair and /or replace the Recreational Facilities, landscaping, trees, shrubs, other vegetation and underground communication lines and related facilities and equipment on and within the Recreational Trail Easement Property. Grantee shall have the right to cut down, clear, trim, remove, and otherwise control any trees, shrubs, overhanging branches, roots, and /or other vegetation upon, under or over the Recreational Trail Easement Property. Grantee shall have the right to pile dirt and other material and to operate equipment upon the surface of the Recreational Trail Easement Property and, upon obtaining the consent of Grantor, which consent shall not be unreasonably withheld, the adjoining land of Grantor in a location reasonably acceptable to Grantor, during those times when Grantee is constructing, installing, maintaining, repairing, replacing, relocating, adding to, modifying, or removing the Recreational Facilities. Grantee shall maintain the Recreational Trail Easement Property and the Recreational Facilities in good condition and repair, at Grantee's expense. Notwithstanding the foregoing, Grantor shall be responsible for reimbursing Grantee for the cost of' such maintenance and /or repair in the event that such maintenance and /or repair becomes necessary due to: (a) any negligence, gross negligence. or willful misconduct of the Grantor or any of its employees, contractors, agents, invitees, licensees or tenants; or (b) any conduct by the Grantor or any of its employees, contractors, 1395306v4 agents, invitees, licensees or tenants that constitutes a breach of the Grantor's obligations under this Easement. 4. Grantor's Use of the Recreational Trail Easement Property. Grantor covenants that Grantor shall have no right to construct improvements, maintain any landscaping or remove any vegetation or improvements in, under, over or on the Recreational Trail Easement Property without the Grantee's prior written consent. Grantor shall not place, or permit the placement of, any obstructions which may interfere with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such obstruction at Grantor's expense. Grantor shall not, without the prior written consent of Grantee, (a) construct or install, or permit the construction or installation of any utility lines or equipment or any building, house, or other above - ground structure, or portion thereof, upon the Recreational Trail Easement Property; or (b) excavate or place, or permit the excavation or placement of, any dirt or other material upon or below the Recreational Trail Easement Property. 5. Easement Appurtenant. This Easement and the terms and conditions stated herein shall be appurtenant to, imposed upon, applied to, and run with the Grantor's Property and shall be binding upon and inure to the benefit of Grantor, Grantee and their respective successors and assigns in accordance with the provisions hereof. 6. Modification. The parties agree that this Easement constitutes the only agreement between the parties hereto with respect to the subject matter hereof, and that this Easement may not be changed, modified or terminated except by a written instrument signed by each of the parties hereto. 7. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Indiana. 8. Counterparts. This Easement may be signed in one or more counterparts, which when taken together with all other counterparts, shall constitute one and the same instrument. 9. indemnification. Grantee shall defend, indemnify and hold harmless Grantor from and against any and all liability, loss, claim, damage, demand, action, cause of action, suit, judgment, proceeding, cost or expense, including court costs and reasonable attorneys' fees, which at any time after execution of this Easement may be brought, alleged or imposed upon the Grantor and that relates to and /or arises out of the Grantee's construction, maintenance, repair or use of the Recreational Facilities. Notwithstanding the above, Grantee's indemnification obligations do not include any liability, loss, claim, damage, demand, action, cause of action, suit, judgment, proceeding, cost or expense caused or contributed to by any negligence or misconduct of Grantor, or any ,of its employees, contractors, agents, invitees, licensees or assigns. 10. Authority. Grantor represents and certifies that it is the fee simple owner of the Recreational "frail Easement Property and the Grantor's Property; that Grantor guarantees the quiet possession of the Recreational Trail Easement Property to Grantee; and that the Recreational Trail Easement Property is free of any liens or encumbrances except the lien of current taxes and the liens or encumbrances shown on Exhibit D. Grantor will warrant and defend Grantee's rights and /or title to the Recreational Trail Easement Property granted hereby against all claims thereon. Grantor represents and warrants that Grantor is responsible for obtaining all necessary consents and approvals of any mortgagee or other third party required for the granting of this Easement. Grantor will indemnify the Grantee against any loss, damage or cause of action resulting from Grantor's failure to obtain any such consent and approval. 1395306v4 2 The person executing this instrument on behalf of Grantor hereby represents that he has the authority to bind Grantor to the terms and conditions set forth herein and that all necessary action therefore has been taken. I I. Enforcement. Each party shall have the right to enforce the terms of this Easement in accordance with all remedies available both at law and in equity. 12. Severability. If any part, term or provision of this Easement should be found to be invalid or unenforceable by any applicable law or court of applicable jurisdiction, that part, term or provision shall be replaced by a provision which comes as close as possible to the intended result of the invalid provision, and the economic purpose thereof, and which is valid and enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision hereof. 13. Notice. In the event there is an alleged violation of the terms and conditions set forth in this document, the non- violating party shall notify the violating party of the alleged violation in writing via certified mail, return receipt requested. The violating party shall have thirty (30) days from the date of receipt of such written notice to cure or remedy the alleged violation. Notice of an alleged violation shall be forwarded to the Grantor at the following address: 320 Main Street N, #200, P. O. Box 8649, Ann Arbor, Michigan 48104. Notice of an alleged violation shall be forwarded to the Grantee at the following address: City Attorney, City of Carmel, Indiana, One Civic Square, Carmel, Indiana 46032, with a copy of same being addressed to the Cannel City Engineer and sent to the same address. 14. Negotiated Agreement Construction. This instrument is the result of negotiations between the parties, and no party shall be deemed to be the drafter of this instrument. The language of all parts of this instnunent shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either party. 15. Estoppel. Either party shall, at any time upon not Tess than thirty (30) days prior written notice from the other party, deliver a statement certifying that the Easement is unmodified and in full force and effect (or, if modified, stating the nature of the modification) and acknowledging that there are not, to such party's knowledge, an uncured defaults or specifying such defaults if any are claimed. EXECUTED as of the date and year first above written. GRANTOR: CARMEL WOODS LLC, an Indiana !united liability company 13y: GPR McKinley Manager LLC Its: Manager By: McKinley Associates, Inc. Its: Manager Kenneth P. Polsinelli Its: Vice President 1395306v4 3 STATE OF 9/1/ ) ) SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Kenneth P. Polsinelli, by nee known and by me known to he the Vice President of McKinley Associates, Inc., the Manager of GPR McKinley Manager, LLC, the Manager of Carmel Woods, LLC, who acknowledged the execution of the foregoing Grant of Easement for Recreational Trail on behalf of said entities. WITNESS my hand and Notarial Seal this My Commission Expires: My County of Residence: day of i %U.✓C ,2009. otary Public — J. Rodgers NOTARY KWIC - STATE OF MICNpAM cotmTY OF WASH/MN/AY Notary PuiljiCeddninIS Expfee Aug. 17, 2016 AS. SI Mn County of j'jrst'l%i%e- 4W I395306v4 4 GRANTEE: CITY OF CARMEL, INDIANA By: Print d:.se 6 6 -t /^f4 Title: 0-I QtECT02. Atli h l/S) 0 AJ STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared 5,C . by me known and by me known to be the -0%r io• b4lr.,,,,,k: y i , h of the City of Carmel, Indiana, who acknowledged the execution of the foregoing Grant of Easement for Recreational Trail on behalf of the City of Carmel, Indiana. WITNESS my hand and Notarial Seal this '! day of , 2009. My Commission Expires: � •s,'/ i G C✓, , t76 -07- /6 Notary Public - Signature My County of Residence: J CID /� ,e, °✓ Notary Public - Printed 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. Tammy K. Haney This instrument prepared by and after recording return to: "Tammy K. Haney, Esquire, Bose McKinney & Evans LLP, 1 1 1 Monument Circle, Suite 2700, Indianapolis, Indiana 46204. 1395306x4 5 EXFIIBIT A Grantor's Property PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 18 NORTH, RANGE 4 EAST; THENCE NORTH 89 DEGREES 14 MINUTES 55 SECONDS EAST (ASSUMED BEARING) ON AND ALONG THE NORTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 18 NORTH, RANGE 4 EAST 635.58 FEET TO THE NORTHEAST CORNER OF THE REAL ESTATE DESCRIBED IN DEED RECORD 316 ON PAGE 409 OF THE HAMILTON COUNTY RECORDER'S RECORDS AND THE PLACE OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE NORTH 89 DEGREES 14 MINUTES 55 SECONDS EAST ON AND ALONG SAID NORTH LINE 804.58 FEET TO THE EAST RIGHT - OF —WAY LINE OF STATE ROAD NO. 431; THENCE SOUTH 34 DEGREES 48 MINUTES 35 SECONDS EAST ON AND ALONG SAID EAST PJGHT —OF -WAY LINE 219.31 FEET; THENCE IN A SOUTHEASTERLY DIRECT ON ON AND ALONG SAID EAST RIGHT —OF —WAY LINE 189.93 FEET ALONG AN ARC DEFLECTING TO THE LEFT AND HAVING A RADIUS OF 5679.6 FEET AND 5tj}32'SNDED BY A LONG CHORD HAVING A BEARING OF SOUTH 43 DEGREES 02 MINUTE 35 SECONDS EAST AND A LENGTH OF 189.93 FEET; THENCE SOUTH 45 DEGREES 35 MINUTES 10 SECONDS EAST ON AND ALONG SAID EAST RIGHT - OF —WAY LINE 108.44 FEET; THENCE SOUTH 42 DEGREES 16 MINUTES 55 SECONDS EAST ON AND ALONG SAID EAST RIGHT —OF —WAY LINE 100.04 FEET; THENCE SOUTH 44 DEGREES 00 MINUTES 05 SECONDS EAST ON AND ALONG SAID EAST RIGHT —OF —WAY LINE 300.00 FEET; THENCE SOUTH 50 DEGREES 39 MINUTES 55 SECONDS EAST ON AND ALONG SAID EAST RIGHT - OF—WAY LINE 155.25 FEET TO THE NORTH RIGHT —OF —WAY LINE OF THE ABANDONED TRACTION COMPANY RIGHT —OF —WAY; THENCE SOUTH 66 DEGREES 19 MINUTES 00 SECONDS WEST ON AND ALONG SAID NORTH LINE OF SAID ABANDONED FIGHT —OF —WAY LINE 1265.89 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 00 SECONDS WEST TO THE SOUTHEAST CORNER OF THE PARCEL OF REAL ESTATE DESCRIBED IN DEED RECORD 301 ON PAGE B99 OF SAID RECORDS; THENCE NORTH 20 DEGREES 50 MINUTES 07 SECONDS EAST 187.61 FEET (THIS AND THE NEXT TWO (2) COURSES ARE ON AND ALONG THE BOUNDARY OF THE PARCEL OF REAL ESTATE DESCRIBED IN DEED RECORD 301 ON PAGE B99 OF SAID RECORDS); THENCE NORTH 01 DEGREES 23 MINUTES 00 SECONDS EAST 180.13 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 00 SECONDS WEST 609.62 FEET TO THE WEST LINE OF SAID NORTH HALF; THENCE NORTH 00 DEGREES 13 MINUTES 00 SECONDS WEST ON THE WEST LINE OF SAID NORTH HALF 556.60 FEET TO A SOUTHWEST CORNER OF A PARCEL OF REAL ESTATE DESCRIBED IN DEED 1395306v4 EXHIBIT A - CONT'D RECORD 242 ON PAGE 265 OF SAID RECORDS; THENCE NORTH 89 DEGREES 14 MINUTES 55 SECONDS EAST 222.41 FEET; (THIS AND THE NEXT TWO (2) COURSES ARE ON AND ALONG THE BOUNDARY OF THE PARCEL OF REAL ESTATE DESCRIBED IN DEED RECORD 242 ON PAGE 265 OF SAID RECORDS); THENCE SOUTH 00 DEGREES 13 MINUTES 00 SECONDS EAST 200.00 FEET; THENCE NORTH 89 DEGREES 14 MINUTES 55 SECONDS EAST 397.32 FEET; THENCE NORTH 01 DEGREES 23 MINUTES 00 SECONDS EAST 567.27 FEET (THIS COURSE IS ON AND ALONG THE EAST BOUNDARY OF THE PARCELS DESCRIBED IN DEED RECORD 242 ON PAGE 265 AND DEED RECORD 316 ON PAGE 409 OF SAID RECORDS) TO THE PLACE OF BEGINNING. EXHIBIT 13 Recreational Trail Easement Property 1395306v4 EXHIBrT "8" PARCFr, 5 Perpetual Trail Easement Carmel Woods, LLC Project Cool Creek Trail Sheet 1 of 2 A 30 foot permanent easement 15 feet on each side of the following described centerline, and containing 1.086 acres, more or less; being a part of the North Half of the Southwest Quarter of Section 19, Township 18 North, Range 4 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the land described in Deed Record 348 Page 534, in the Office of the Recorder of Hamilton County, lying within the right of way lines depicted on the attached Right of Way Parcel Plat marked Exhibit "3', described as follows: Commencing at the southwest corner of said quarter section, designated as '706° on said plat; thence North 0 degrees 03 minutes 03 seconds East 1,355.83 feet along the west line of said quarter section; thence North 89 degrees 55 minutes 04 seconds East 707.25 feet to the point of beginning of this description, being on the south line of the grantor's land; thence northerly 42.50 feet along an arc to the left having a radius of 100.00 feet and subtended by a long chord having a bearing of North 19 degrees 29 minutes 20 seconds West and a length of 42.18 feet; thence North 31 degrees 39 minutes 53 seconds West 148.24 feet; thence northerly 93.48 feet along an are to the right having a 'radius of 125.00 feet and subtended by a long chord having a bearing of North 10 degrees 14 minutes 28 seconds West and a length of 91.32 feet; thence North 11 degrees 10 minutes 57 seconds East 43.17 feet; thence northerly 53.88 feet along an arc to the left having a radius of 50.00 feet and subtended by a long chord having a bearing of North 19 degrees 41 minutes 15 seconds West and a length of 51.31 feet; thence North 50 degrees 33 minutes 26 seconds West 16.44 feet; thence northerly 72.64 feet along an arc to the right having a radius of 33.00 feet and subtended by a long chord having a bearing of North 12 degrees 30 minutes 25 seconds East and a length of 58.84 feet; thence North 75 degrees 34 minutes 15 seconds East 150.30 feet; thence easterly 70.03 feet along an arc to the right having a radius of 75.00 feet and subtended by a long chord having a bearing of South 77 degrees 40 minutes 53 seconds East and a length of 67.51 feet; thence South 50 degrees 56 minutes r: \4462 \docunent \row \rweng \iegals \p005.doc EXHIBIT "8" PARCEL 5 Perpetual Trail Easement Cannel Woods, LLC Project Cool Creek Trail Sheet 2 of 2 01 second East 62.98 feet; thence North 35 degrees 16 minutes 27 seconds East 53.04 feet; thence northerly 23.25 feet along an are to the left having a radius of 15.00 feet and subtended by a long chord having a bearing of North 09 degrees 08 minutes 20 seconds West and a length of 20.99 feet; thence North 53 degrees 33 minutes 07 seconds West 61.32 feet; thence northerly 139.56 feet along an are to the right having a radius of 100.00 feet and subtended by a long chord having a bearing of North 13 degrees 34 minutes 14 seconds West and a length of 128.51 feet; thence North 26 degrees 24 minutes 39 seconds East 159.94 feet; thence northerly 165.13 feet along an are to the left having a radius of 300.00 feet and subtended by a long chord having a bearing of North 10 degrees 38 minutes 31 seconds East and a length of 163.06 feet; thence North 05 degrees 07 minutes 38 seconds West 359.84 feet to the north line of the grantor's land. The side lines of said 30 foot easement to be extended or shortened to meet at angle points and to terminate at said north line and south line. Except that portion of said easement falling west of the grantor's west line. Given underataiffig and seal this / day of �- u�-�. 2008. WA .5 ^--TH //F °4�4 Gi IVI x 2 • O. \\ Z g $ i ` C+oACp t* _ Douglas Herendeen, L.S. $ i 50468 � Registered Land Surveyor +,ST State of Indiana, Surveyor No. 50468 +1t .1 "� IA*" 1.-e t �'iNi SURN I-46 This description spared for the City prepar ty of Carmel by Butler, Faitman Suutert, Inc. using last deeds of record obtained from the Office of the Hamilton County Recorder. r:\4462\documeat\row\rweng\legals\p005.doc EXHIBIT C Recreational Trail Basement Property 1395306v4 PARCEL NO.- : 5 TRAIL NAME : COOL CREEK TRAIL COUNTY : HAM /LYON SECTION : /9 TOWNSHIP : 18 N RANGE 4 E GRAPHIC SCALE 200 0 100 200 ( EN FEET ) 1 inch = 200 ft. CURVE DADA P.L Sta 35 +79.13 79. -7" d= 1267374271L R- 3I00' L= 7265' 7 =6495' E= 39.85' OWNER : CARMEL 1147005 LLC INSTRUMENT NO. 200500060205, DATED 08/30/2005 HATCHED AREA IS THE APPROXIMATE TAKING DRAWN BY: CRC 06/04/2008 CHECKED BY: 0A71 06/09/2008 SCALE: 1'= 200' • SHEET 1 OF 2 THIS PLAT WAS PREPARED FROM INFORMATION OBTAINED FROM THE RECORDER'S OFFICE ANO OTHER SOURCES %MICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY. EXI1/B/T t' CURVE DATA P[ Sta.48+99767R -1' �04776'57- It R- 700100' T -3593' L- 77.94' 8- 465' P1 Mid 48 +.9976 7'5 -7' = 0417e"5Y 81 Ma 53+4355 • • d = 153043' tt Pl SYa 49+1945 :1' e = 6$55.0.9" Lt CURVE DATA 50' .Smlilory 5.4 Sta 43/59.71 'PR-t" apemen! sement 4= 372'77' Lt. R= 300.1X1' 1= 16373' T= 8472' E= 17.73' = 53-4125" Li Pl Sta 41+3404 A" A = 4755,0' At SRI SYa 4144257 A' t�6 Ad 6220'4CL1 45#00 82 SYa 43M3471 7R-7' 8211 d =313177'LL 0 t92- 724-1' Res A" CURVE A rA (P 8.1 Sta. 40+553479. -1" v 57957'46'Rt. R= 191200' L= 139.56' 79.-1' 7= 5185 E= 3451' IP.7.E = Petpeela' Troll Easanemtl P d = 57275r IL rThP1 SYa 4018735 A' e = 845755'Rt P1. + • 35+ CURVE DATA P2 Sta.34+7.17S 79. -1• 4 614424" Lt 5400' L= 5358' T =2989' E= 625' 1' ir44SIC) = 94'4579'51 c`+,,I CD '1 34 +7375 G- `fi °/M 8 = e7WP4'LL �l'. O802 Pl SYa .D +7469 A', ..7 i co A -ea ,1'9.0 C ,<4 0 liS 0 ` \t 1' P..O Z SYa 39+1318 79.-1' P.0 SYa 39+2491 PR-1" (Meat() PS Ma 38 +7013 RP- e - 9i'473Y'Lt (No curve Hu& 79. -1 P. /. 50' Sanitary \Scar Easement CURVE DATA Sta 39 +3157'55 -1' 1754934 "Lt R= 7500' 1= 2326' T=14.70' E= 6.00' CURB DATA Pa Sta 33+56.26 7R -1' T 4250:50' Re. R= 12500' 2= 9346' T 4205' 5= 925' 15 Sanitary Sewer Easanvlt R r o l x a t = 4 6 0 5 0 6 0 7 D 7 7 06 -05 -09 AT. 7077 R: 14462\Af1RX.AD\ROWI,Par0O5.dwg P1 SYa 19 +4355 74 -7 e = 577928 "Lt (No atm am) P1. SYa 34+7419 A e = 92501)7' Pt CURw DATA 5..L S 3,74749210R-1" 532944 '51 R= 7500' 1= 7413' T= 37.80' 8= 6.95' CURVE DATA P1.. Sta31 +36.1179. -1' d=254774"1t 9.=100.00' 1= 4458' 7= 2372' E= =277' PARCEL N0. : 5 TRAIL NAME : COOL CREEK 7R4/L COUNTY : HAMILTON SECTION : /9 TOWNSHIP : 18 N. RANGE : 4 E \ \ \\ \ \ \S 1tI TH 1��/''1//,vv�1,,/yy,,�CC� / ‘Y-t3 - Eq y� '' O. . * SO468 /41) SUFN \ //11/11111111111\\\ SURVEYOR'S STATEMENT OWNER : CARI/EL WOODS, LLC EXH /B/T "c' DRAWN BY: arc 06/04/2008 CHECKED BY: OKN 06/09/2008 SHEET 2 OF 2 PARCEL COORDINATE CHART PO/NT STATION OFFSET CL NOR7H EAST 1602 31+12.40 15.00 RL "PR-1' 1727157A093 199781.3452 1603 31 +12.40 15-00 Lt. 'PR-1' 1727154.8084 199751.4584 1604 31 +56.97 15.00 LL -PR-1' 1727192.0520 199739.1253 1605 31 +5857 15.00 Rt. 'PR-1' 1727207.8004 199764.6594 1608 33+07.21 15.00 LL "PR-1' 1 x2/318.2221 199661.3083 1607 33+07.21 15.00 Rt. '129-1' 1727333.9705 199686.8424 1608 34+00.69 15.00 LL °PRA' 1727418.8657 199643.1251 1609 34+00.69 15.00 91. "PR-1' 1727413.0478 199672.5555 1610 34 +43.86 15.00 Lt. "PR-1' - 1727461.2171 199651.4975 1611 34+43.86 15.00 Rt. 'PRA' 1727455.3991 199680.9279 1612 34+97.74 15.00 Lt "PR-1' 1727495.0340 199839.3977 1613 34+97.74 15.00 Rt. 'P9-1' 1 r21'b18.2018 199658.4569 1614 35+14.18 15.00 U. 'P9•1' 1727505.4796 199626.7090 1815 35+14.18 15.00 Rt. 'PR-1' 172752 .6476 199645.7592 1618 35+88.83 15.00 Lt. 'P9•1' 1 i41b89.0343 1996152340 1617 35+86.83 15.00 R. "PR-1' 1727559.9806 199652.7094 1818 37 +37.12 15.00 Lt. 'PR-1' 1727626.4859 19979/7914 1619 37+37.12 15.00 RL `P9-1' 1727597.4322 199798.2668 1620 38+07.15 15.00 U. 'PR-1" 17276092021 199869.9377 1621 38+07.15 15.00 RL "PR-1" 1 r2,b85.9097 199851.0311 1622 38+86.18 15.00 LL 'PR-1' 1 /e/bM.6094 199908.3951 1623 38+70.13 15.00 RL 'P9-1' 1727548.2163 199899.9322 1624 38 +70.19 f 15.00 RL 'PR-1' • 1x2/549.2002 199921.6315 1625 39+44.16 15.00 Li 'P9-1° 1727609.8287 199927.7711 1826 39+20.91 15.00 91. "PR-1" 17275925040 199952.2630 1627 39+44.15 15.00 RL '139-1' 17276339806 199945.5939 1628 40+05.48 15.00 LI. 'P9•1' 1727646.2587 199878.4452 1629 40+05.48 15.00 RL i "PR-1" 1 r2 /8/0.3906 1998982680 1630 41+45.05 15.00 LL "139-1' 1727789.9169 199843.7688 1631 41+45.05 15.00 RL 'PR-1° 112 / //6.62/ 189870.6376 1632 43+04.99 15.00 LL '139-1" 1727933.1646 199914.9115 1633 .43+04.99 15.00 RL 'P9-1' 1727919.8204 199941.7803 1634 44+7112 15.00 Lt. 'PR.? 1726085.4033 199949.5174 1635 44+70.12 .15.00 Rt. 'PR-1' 17280860843 199973.3973 1836 48+83.63 15.09 LL 'P9-1' 1728477.5350 1999069334 1637 48+63.83 15.00 RL 'PR-1' 1728480.2160 1999382134 8202 29+48.56 Pi. 'P9-1` 1726992.8863 199780.6172 8203 • 31 +96.11 P.L 'P9-1' 1727179./d/8 199784.3435 '6204. 33+5626 P.I. "PR-1' 1727357.8414 199648.3285 8205 34+73.75 P.L 'P9-1' 1727487.6294 1996720002 8206 35+79.13 P.L 'PR-1' 1727558.3241 199586.0748 8207 37 +74.92 P.I. 'PR-1' 1I2/trL1.3780 199831.1963 8208 38+70.13 . P.L 'PR-1' 1727657.8625 199909.3855 8209 39+35.61 P.L 'PR-l' 1727613.1640 199948.5037 8210 40+69.34 P.L 9P9-1' 1727708.1422 199819.9042 8211 43+89.71 P.L 'PR-1' 1728002.3666 1999660281 8212 78+89.76 P.I. 'P9-1° 1728514.6648 199920.0622 8241 39+20.91 P.C. /P.O.T. °P9-1' 1727604.1664 199940.0170 See Location Control Route Sauey Plat for points 706 10714 & all Line "A' points NOTE: STATIONS AND OFFSETS CONTROL OVER BOTH NORTH AND EAST COORDINATES AND BEARINGS AND DISTANCES To the best of my knowledge and belief, this plat, together with the °Location Control Route Survey Plat` recorded as (Instrument 42008037117) in the Office of the Recorder of HAMILTON County, Indiana, (incorporated and mode a part hereof by reference) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1 -12, ("Ru(e 12 "). Prepared for - City of Carmel by Butler, Fairmen and Seufert, Inc. (Job 44462.06) Protect = 46840507 DRIL 1 06 -05-09 A 71079 R•164621AU7Dl.AO IROV4Por005 drg Doug /os'/C Herendeen L;S- 50468 7A22/0' Oafs EXHIBIT D Encumbrances 1395306v4