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HomeMy WebLinkAboutBrookshire Golf Course Special Warranty Deed 2007DULYENTERED FOR TTXAT,ONb SubJectto flnai ecccptance for trehafer day odk„r„ 20 n P,c Auditor of Hamilton County Parcel # I(0-Co' 32 -CO -00 -0/ z • !(o-10- 3a-oo -oo - ooZ•coo !l0-10- 32- -00 -Oo -003.000 o) - oo- cos .00 �!o !o -3a SPECIAL WARRANTY DEED 2007013046 SWD $54.00 03/06/2007 01:34:45P 20 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented - THIS INDENTURE WITNESSETH that Brookshire First Mortgage, LLC, a Delaware limited liability company ( "Grantor "), CONVEYS to the City of Carmel Redevelopment Commission, an instrumentality of the City of Cannel, Indiana ( "Grantee "), for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, Indiana (the "Real Estate "): See Exhibit A attached hereto and made a part hereof. Subject to the lien of all real estate taxes payable in 2007 and thereafter; to the lien of any and all assessments for water and sewer utility charges due and payable from and after the date hereof; to all applicable zoning and land use laws, ordinances, rules, and regulations; to any and all boundary line disputes, encroachments, overlaps, and other matters that would be disclosed by an accurate ALTA /ACSM Minimum Standard Land Title Survey and inspection of the Real Estate; to all public streets, highways, and rights -of -way for roadways, drains, and other public uses and purposes; to any and all easements, covenants, restrictions, agreements and other matters of record; and to a certain Conservation Easement, granted by Grantor to Indiana Department of Natural Resources, recorded in the Office of the Hamilton County Recorder on November 15, 2006, as Instrument Number 200600068602. Grantor, as its sole warranty herein, specially warrants to Grantee, its successors and assigns, that it will forever defend title to the Real Estate (subject to all matters to which this conveyance is made subject) against only those claims of persons claiming title to or asserting claims affecting title to the Real Estate; or any part thereof, by, through or under Grantor, but not otherwise. RECITALS Grantor has excluded from this conveyance a certain parcel of land, consisting of approximately 1,300 square feet, located in the City of Cannel, County of Hamilton, State of Indiana, more particularly described in Exhibit B, attached hereto and made a part hereof (the "Premises "). The Premises are located within and surrounded by the larger tract of land being conveyed hereby to Grantee (the "Golf Tract "), on which Grantor operates and Grantee intends to operate an eighteen (18) hole regulation length public golf course (the "Golf Course "). 272106_1. DOC Grantor hereby creates and reserves a non- exclusive perpetual easement (the "Access Easement ") for the right and privilege of vehicular and pedestrian ingress and egress to, from, on, over, through, across, and under the area (the "Easement Area ") depicted as "Access/Utility Easement" on Exhibit C -I, attached hereto and made a part hereof, and more particularly described in Exhibit C -2 attached hereto, and made a part hereof, solely for the purpose of access to, from and between the Premises and Brookshire Parkway in connection with and in support of the installation, construction, operation, maintenance and, as needed from time to time, the repair, removal, replacement, restoration and reconstruction of, a Wireless Communication Facility on the Premises by Grantor, its successors, assigns, and lessees, and their respective employees, agents, and contractors. As used herein, a "Wireless Communication Facility" means and includes a communications tower structure and related improvements, fixtures, equipment, cables, accessories and improvements, including but not limited to a suitable support structure, associated antennas, "I" beams, equipment shelters or cabinets, fencing or other protective structures, and any other items necessary to the successful and secure use of the Premises for the transmission and reception of any and all wireless voice and data telephone and other wireless communication signals. Any such installation and construction is subject to Grantor's compliance with all applicable zoning and other laws, regulations and ordinances, including but not limited to any and all required approvals of governmental authorities having jurisdiction. Grantor further reserves and creates a non- exclusive perpetual easement (the "Utilities Easement ") for the right and privilege to install, construct, operate, maintain, inspect, reconstruct, repair, remove, and replace underground electric, telephone, cable and data transmission, and other utility lines or facilities, including cables, wires, conduits, pipe and other such facilities, including but not limited to necessary underground support or protective structures, duets, transformers, conduits, and appurtenances and fixtures attached thereto, for the transmission of electricity, telephone, data or other utilities (collectively, the "Service Facilities "), within, under and through the Easement Area, solely for the purpose of supporting and serving the installation, construction, operation, maintenance and, as needed from time to tine, the repair, replacement, restoration and reconstruction of, a Wireless Communication Facility on the Premises by Grantor, its successors, assigns, and lessees, and their respective employees, agents, and contractors. No part of the Service Facilities shall be on the surface of the Easement Area, with the exception of grade level non- protruding caps, plates or similar covers of sizes and in locations approved by Grantee prior to installation. This Utilities Easement includes the right and privilege of ingress and egress for Grantor, its successors, assigns, and lessees and their respective employees, agents, and contractors, over and through the Easement Area, solely for the purposes of doing those acts and things requisite and necessary for the full enjoyment of the Premises and the easement hereby granted. The Access Easement and the Utilities Easement (collectively, the "Easements ") are subject to the following terms and conditions: 1. Restoration of Surface Area. In connection with the performance of work or activities permitted on the Premises or Easement Area pursuant to the Easements reserved hereunder, Grantor, its successors; assigns, and lessees, and their respective employees, agents and contractors may trim trees or cut, trine or remove pavement, fencing, structures, shrubs, underbrush, bushes, saplings, grass, ground cover, landscaping, or similar vegetation growth, now or hereafter existing or growing upon or extending over the Easement Area, but only to the -2- 272106 1.DOC extent reasonably necessary to enable the performance of such permitted work or activities to be performed at the time. Upon the completion of any work or activities on the Premises or Easement Area pursuant to the Easements granted hereunder, Grantor shall promptly restore any portion of the surface of the Easement Area and any other property disturbed or damaged as a result of any use of the Easement Area or any work, activities, act or omission of any kind in, on or about the Easement Area by Grantor, its lessees, employees, agents, or contractors or any other person directly or indirectly acting under Grantor's rights hereunder (collectively, the "Grantor's Responsible Parties "), to the surface condition that existed thereon immediately prior to the commencement of such use, work or activities, including but not limited to resurfacing, repaving or otherwise adequately repairing any damaged pavement and replacing any grass, ground cover, shrubs, underbrush, bushes, saplings, small trees, landscaping, or similar vegetation growth (it being understood that no large trees in the Easement Area shall ever be destroyed, cut or removed by Grantor or any of the Grantor's Responsible Parties. If Grantee, in its reasonable discretion, determines that any such surface area has not been so restored, Grantee shall give written notice thereof to the Grantor, including a description or specification of the work needed to reasonably complete the restoration, and if Grantor or the Grantor's Responsible Parties shall fail to perform or cause the perfonmance1of such work, then Grantee shall be entitled to perform such work and to recover the full cost thereof from Grantor, its successors, assigns and lessees. 2. Scheduling and Conduct of Work. Grantor, its successors, assigns, and lessees, and their respective employees, agents, and contractors shall schedule, conduct and limit their installation, construction, maintenance and other work and activities in, on, over and through the Easement Area during and to such times and in such a manner as will not unreasonably interfere with the normal course of play on the Golf Course, the golfers' use of and access to the cart path and golf course, or the normal operational and maintenance activities in connection with the running of the Golf Course. Without limiting the foregoing, in connection with the initial construction or installation of the Wireless Communication Facility or any Service Facilities or any substantial reconstruction or replacement thereof following a fire, casualty or other circumstance requiring such, including but not limited to any work or activities involving clearance of trees on the Premises or landscaping, excavation, demolition, grading, or the use or presence (whether or not continuous) of any bulldozer, crane, backhoe, scaffolding, trucks or other construction vehicles or equipment on the Premises or any part of the Easement Area ( "Construction Activities "), Grantor shall comply with, and cause its lessees, agents and contractors to comply with, the following provisions: (a) Give written notice to Grantee not less than ten (10) days prior to the commencement of any Construction Activities; (b) Schedule its Construction Activities during non- golfing hours or take all reasonable precautions during the hours of Golf Course operations so as not to unreasonably interfere with the normal course of play on the Golf Course or the normal operational and maintenance activities in connection with the running of the Golf Course, including but not limited to prohibiting construction vehicles from movement on or along cart paths in the Easement Area except at tines when golfers are not in the immediate vicinity of the Easement Area; and (c) Provide to Grantee a certificate of insurance establishing that each 272106_1 DOC -3- contractor working for Grantor or any of the Grantor's Responsible Parties has and .will maintain the following insurance during Construction Activities: (i) Contractor's Public Liability - Comprehensive general liability insurance (including premises and operations, contractor's protective, contractual, completed operations) with the exclusion for explosion, collapse and underground property removed, in amounts and coverage of $2,500,000 combined single limit for bodily injury or death /property damage arising out of any one occurrence. naming Grantor and Grantee as additional insureds, but only with respect to Grantor's liability arising out of its interest in the Premises and the Easement Area and with respect to Grantee's liability arising out of its interest in the Easement Area; and (ii) Workers' Compensation - Statutory workers' compensation coverage in the required amounts. 3. Mechanic's Liens. Grantor covenants that it will take all actions necessary to prevent any mechanic's lien(s) from being filed against the Easement Area or the Golf Tract in connection with any work performed by or for Grantor. In the event any such lien against the Easement Area or the Golf Tract or any part thereof is filed on account of any work done by or on behalf of Grantor or any of the Grantor's Responsible Parties, Grantor will promptly take or cause the Grantor's Responsible Parties to take such actions as are necessary on its part to have the lien discharged of record, and shall indemnify and defend Grantee against any and all claims arising in connection with such lien(s), including, but not limited to, costs and reasonable attorneys fees. Nothing contained herein shall constitute the Grantor's authorization or consent to the creation by Grantor or any of the Grantor's Responsible Parties of any lien on the Easement Area or the Golf Tract or any part thereof. 4. Rights of Grantee. The Grantee, as owner of the Golf Tract, shall have the following rights and privileges, with the respect to the Easement Area. (a) To use the Easement Area for any and all uses and purposes not inconsistent with the rights and privileges of Grantor under the Easements reserved hereunder, including access, operating a golf course, paved golf cart paths, driveways, roads, parking areas, curbs, or sidewalks, grass, shrubbery, trees, and other Landscaping, lighting, non- masonry fencing, utility lines, pipes, sprinklers, drains, and related improvemnents; provided, however, that Grantee shall not damage or interfere with Grantor's Service Facilities or erect any building or other permanent structure (except as listed herein) on the Easement Area. Grantee will not materially change the grade of the Easement Area to such an extent that it would unreasonably interfere with the rights and privileges reserved by the Grantor hereunder. (b) To relocate the Easements and the Service Facilities, or any part thereof, to any location on the Golf Tract, within or outside the Easement Area, upon not less than ninety (90) days prior written notice to Grantor. Grantor shall cooperate with Grantee in connection with any such relocation, provided that Grantee shall pay all costs of any such relocation made at its own request, that such relocation shall be compatible with the engineering of Grantor's Service Facilities system and shall avoid or minimize any 272106_I.DOC -4- interruption of utility services to the Grantor. In the event of any such relocation, the parties agree to amend the Easements hereunder (including replacement of the exhibits hereto) to the extent necessary to reflect of record any change in the location or configuration of the Easement Area. 5. Easements Not Exclusive. The rights and privileges reserved herein by Grantor are not exclusive, provided that Grantee covenants that it will not grant or convey to any other party any easement, right or interest in the Easement Area that would conflict with Grantor's rights and privileges under the Easements reserved hereunder. 6. Taxes; Compliance With Laws. Grantor shall be responsible for and pay all applicable real estate taxes relating to the Service Facilities constructed or installed in the Easement Area. Grantor shall comply with any and all applicable laws, regulations, ordinances and other legal requirements ( "Laws ") in connection with the exercise of its rights and privileges hereunder, and shall indemnify, defend and hold harmless Grantee, its successors, assigns, and lessees, and their respective officers, directors, managers, members, employees, contractors, and agents, from any violations, infractions, administrative, judicial or enforcement actions, or other claims resulting from any failure by Grantor or Grantor's Responsible Parties to comply with all Laws. 7. Environmental. (a) Grantor and Grantee each agrees that, in connection with its use and respective activities in, on or about the Easement Area, it will be responsible for compliance with any and all Environmental Laws that now or in the future apply to that party's use or respective activities conducted in, on or about the Easement Area. (b) Grantee and Grantor each agrees to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying party's failure to comply with any Environmental Law, or (ii) the storage, presence, disposal, release, emission, or discharge of any Hazardous Substance in, on, about, under or from the Easement Area arising out of or in any way related to activities conducted by the indemnifying party thereon, unless caused by the other party. (c) As used in this Agreement; "Environmental Laws" means and includes the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Superfund Amendment and Reauthorization Act of 1986, the Small Business Liability Relief and Revitalization Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, any other "Superfund" or "Superlien" law, the Occupational Safety and Health Act and all other laws of the United States, the State of Indiana, and the county and municipality in which the Premises are located, relating to the protection of health, safety and the environment, regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition, or governing the use, storage, treatment, generation, transportation, processing, handling, production or disposal of Hazardous 272106_1.DOC -5- Substances, in each case, as amended, and the rules, regulations, policies, standards, guidelines, interpretations, decisions, orders, policies and directives issued thereunder or pursuant thereto as may now or at any time hereafter be in effect; and "Hazardous Substances" means and includes asbestos and asbestos containing materials, (i) polychlorinated biphenyls, whether or not contained in electrical transformers, fluorescent light fixtures with ballasts, cooling oils or any other device or form, (ii) flammable explosives, radon, radioactive materials, petroleum and petroleum products, hazardous wastes, special wastes, medical or biohazardous wastes, and (iii) any and all other hazardous or toxic substances or materials as defined in or regulated under any applicable Environmental Law. (d) The indemnifications under this Section 7 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of the condition of the Easement Area or any clean -up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 7 will survive any termination of the Easements reserved hereunder. 8. indemnification and Release. (a) Grantor shall indemnify, defend and hold harmless Grantee, its successors, assigns, and lessee, and their respective officers, directors, managers, members, employees, contractors, and agents, from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising out of the exercise of its rights and privileges under the Easements reserved hereunder Grantor or Grantor's Responsible Parties, including but not limited to any work or activities related to the installation, use, operation, maintenance, repair or removal of the Wireless Communication Facility or the Service Facilities, or its breach of any covenant, term or condition of the Easements reserved hereunder, except to the extent attributable to the negligence or intentional act or omission of Grantee, its employees, agents or independent contractors. (b) Grantee shall indemnify, defend and hold harmless Grantor, its successors, assigns, and lessee, and their respective officers, directors, managers, members, employees, contractors, and agents, from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs but excluding real property or personal property taxes) arising directly from the negligence or intentional acts or omission of Grantee or its employees, contractors, or agents, or its breach of any covenant, teen or condition of the Easements reserved hereunder, except to the extent attributable to the negligent or intentional act or omission of Grantor or any of the Grantor's Responsible Parties. (c) Except to the extent caused by the negligence or intentional act or omission of Grantee, its agents, contractors, or employees, the Grantee shall not be liable to Grantor, or any other person on or about the Easement Area by Grantor's consent, invitation or license, express or implied, for personal injury, death or damage property sustained by reason of the condition of the Easement Area, or any part thereof, or arising from the bursting, leaking, breakage or breakdown of any Service Facilities, or by reason of any act or neglect of any and all persons, including but not limited to golfers or other 272106_1.DOC -6- licensees or invitees of Grantee at any time at, on or about the Easement Area or any other part of the Golf Tract, or by reason of any other casualty or accident of any kind whatsoever; and Grantor hereby releases and waives any claim against Grantee and all other such persons, except to the extent caused by the negligence or intentional act or omission of Grantee, its agents or employees. (d) Notwithstanding anything to the contrary herein, Grantor and Grantee each waives any claims that it may have against the other with respect to consequential, incidental or special damages arising out of any breach of the covenants contained herein or any tort claim or from any other cause whatsoever. 9. Insurance; Waiver of Subrogation. (a) Following construction and during the operation of any Wireless Communication Facility or other valuable improvement on the Premises, but not otherwise, Grantor shall carry, or cause its lessee to carry, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a minimum limit of liability of One Million Dollars ($1,000,000.00) combined single limit for bodily injury or death/property damage arising out of any one occurrence at, on, in or about the Premises or the Easement Area; and (iii) Workers' Compensation Insurance as required by law. The coverage afforded by Grantor's commercial general liability insurance shall apply to Grantee as an additional insured, but only with respect to the Grantee's liability arising out of its interest in the Easement Area. (b) Grantor or its lessee shall have the right to self - insure with respect to any of the above insurance requirements, provided that, prior to self - insuring and annually thereafter so long as it is self - insured, the Grantor or its lessee, as the case may be, shall provide Grantee a certification by its certified public accountant or, if it has none, by its chief financial officer, establishing that its net worth at the time (or the net worth at the time of an affiliate which is obligated at the time under a guaranty satisfactory to Grantee of its insurance and indemnity obligations under this Agreement) is not less than Two Million Dollars ($2,000,000.00), calculated in accordance with generally accepted accounting principles. (e) Each party hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire, extended coverage perils, vandalism or malicious. mischief, sprinkler leakage or any other perils insured in policies of insurance covering such property, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Each party agrees that it will request its insurance carriers to include in its policies such a clause or endorsement. 10. Notices. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: 272106_1. DOC -7- If to Grantor: With copies to: If to Grantee: With a copy to: Brookshire First Mortgage, LLC Attn: Ralph Little 37 Water Street PO Box 442 Mystic, CT 06355 Rory O'Bryan Harrison & Moberly, LLP 11611 North Meridian, Suite 150 Cannel, IN 46302 Steven A. Hulce Geneva Capital Investments, Ltd. 316 S. 7th Street Geneva, IL 60134 City of Carmel Redevelopment Commission 111 W. Main Street Suite 140 Carmel, IN 46032 ATTN: Mayor Michael S. Walsh P.C. 11350 N. Meridian Street Suite 420 Carmel, IN 46032 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 11. Assignment. The rights, privileges and obligations of the parties with respect to the Easements reserved hereunder may be alienated, transferred or assigned by either party without the other party's consent, provided that (a) any such transaction shall be made by an instrument in recordable form referring to this instrument under which the assignee or transferee shall expressly accept, assume and agree to be bound by all of the terms and conditions of the Easements, and (b) any such transfer or assignment shall be made only in connection with a conveyance, lease, mortgage or other transfer of the Premises or the Golf Tract, as the case may be. 12. Successors, Assigns; Covenants Running With Land. All of the rights, covenants, privileges, conditions, restrictions, and obligations under the Easements reserved hereunder shall inure to the benefit of and be binding upon the parties hereto and their successors, assigns, lessees, and mortgagees, as owners of title to or any interest in the Premises or the Golf Tract, or any part thereof, it being understood that the Easements are appurtenant to and run with the land, perpetually and in full force and effect, at all times inuring to the benefit of and binding upon Grantee and Grantor, and their respective successors and assigns as owners 272106_1. DOC -8- from time to time of the Golf Tract and the Premises, respectively, unless and until the Easements shall have been abandoned or terminated as may be provided herein or under applicable law. 13. Amendment and Termination. The Easements reserved hereunder may be amended or terminated only by a recordable written instrument executed by Grantee and Grantor or by an order of competent judicial authority. 14. Severability. If any provision hereof is held to be illegal, invalid, or unenforceable under any present or future statute or judicial decision, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby, and in lieu of each such illegal, invalid, or unenforceable provision there shall be added automatically hereto a provision as similar in terns to such illegal, invalid, or unenforceable provision as may be possible while remaining legal, valid, and enforceable. 15. Indiana Law. The laws of the State of Indiana shall govern all aspects of the Easements reserved under this instrument, including without limitation, execution, interpretation, performance, and enforcement. 16. 13eadinas. The captions, headings, and arrangements used herein are for convenience only, and shall not be construed to modify or affect the terms and provisions hereof. 17. Remedies. In the event of a breach or threatened breach of any tern or provision of the Easements reserved hereunder, each party shall be entitled to all legal and equitable rights and remedies available hereunder and under applicable law, including but not limited to specific performance and injunctive relief. 18. Attorney Fees. If at any time the Easements reserved under this instrument become the subject of any legal action or proceeding between the parties in or before any court, arbitrator, mediator, or other adjudicator (whether pursuant to legal process, court order; voluntary submission, agreement, or consent), the non - prevailing party shall be responsible for all costs and expenses incurred by the prevailing party in connection with such action or proceedings, including but not limited to any and all court costs, arbitration, mediation, and other fees and costs, and all reasonable attorneys' fees, expert witness fees, and other costs. The undersigned person executing this Special Warranty Deed as Grantor has full legal capacity to execute and deliver this Special Warranty Deed and convey the Real Estate to Grantee. Grantee's recording of this instrument hereof shall constitute its acceptance and agreement to all terms and provisions of the Easements reserved herunder. 272106_1. DOC [The Remainder of this Page is Intentionally Left Blank] -9- IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to he executed this 24 day of December 2006. 272106_ GRANTOR: BROOKSHIRE FIRST MORTGAGE, LLC a Delaware limited liability company a /di rtBy: , Steven A. Hulce, Designated Manager - 10 - STATE OF K2-WO S � � ) SS: COUNTY OF Before me, a Notary Public in and for the State of /LGhi/d / , personally appeared Steven A. Hulce, Designated Manager of Brookshire First Mortgage, TLC, the Grantor, named in the foregoing deed, who, having been first duly sworn, acknowledged the execution of the foregoing deed, and who, having been duly sworn, stated that the representations therein contained are true. WITNESS my hand and Notarial Seal this 'day of December 2006. My Commission Expires: 06 f �(/ 0 1 am a resident of 7)4tet (Printed Name) 7 County, /12- IS ,kj\AarP ct'<<t', :: Hulce NotaN PUbf,c. Stacy of.Irinots %n'es 81't1n7 This instrument was prepared by: Rory O'Bryan, Harrison & Moberly, LLP, 11611 N. Meridian, Suite 150, Carmel, IN 46032. After recording, return to: Michael S. Walsh. Michael S. Walsh PC. 11350 N. Meridian Street Suite 420. Carmel. Indiana 46032 Send tax statements to: City of Carmel Redevelopment Commission, 1 11 West Main Street, Suite 140- Carmel. Indiana 46032 1 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. 272106_ 1 EXHIBIT A Legal Description Brookshire Golf Course — Golf Tract 12120 Brookshire Parkway PARCEL 1: Part of the Southeast (Southwest, Northwest and Northeast) Quarter of Section 32, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of Section 32, Township 18 North, Range 4 East; thence North 89 degrees 46 minutes 50 seconds West (assumed bearing) on and along the South line of said Southeast Quarter 840.18 feet to the POINT OF BEGINNING; thence continue along said South line North 89 degrees 46 minutes 50 seconds West 479.39 feet to the West line of the Southeast Quarter of the Southeast Quarter of said Section 32; thence North 00 degrees 12 minutes 40 seconds West on and along the West line of said Quarter Quarter Section 305.10 feet measured (307.40 feet deed); thence North 67 degrees 24 minutes 40 seconds East 287.53 feet; thence North 00 degrees 12 minutes 40 seconds West parallel with the West line of said Quarter Quarter Section 146.58 feet; thence North 84 degrees 17 minutes 40 seconds West 267.30 feet to a point on the West line of said Quarter Quarter Section; thence North 89 degrees 44 minutes 05 seconds West parallel with the North line of said Quarter Quarter 662.19 feet to a point which is 660.00 feet South 89 degrees 43 minutes 43 seconds East of the West line of said Quarter Quarter; thence North 00 degrees 14 minutes 26 seconds West parallel with the West line of said Quarter Quarter 106.41 feet; thence North 73 degrees 18 minutes 11 seconds West 348.34 feet; thence North 00 degrees 14 minutes 26 seconds West parallel with the West line of said Quarter Quarter 2.00 feet; thence North 73 degrees 16 minutes 41 seconds West 341.61 feet to the West line of Quarter Quarter; thence North 00 degrees 14 minutes 26 seconds West on and along aforesaid West line 687.84 feet to a point which is 1064.50 feet South 00 degrees 14 minutes 26 seconds East of the center of said Section 32; thence North 72 degrees 36 minutes 50 seconds West 476.09 feet to a point which is 924.00 feet South 00 degrees 14 minutes 26 seconds East of the North line and 453.75 feet North 89 degrees 46 minutes 37 seconds West of the East line of the Southwest Quarter of said Section 32; thence North 89 degrees 46 minutes 37 seconds West parallel with the North line of said Southwest Quarter 206.25 feet; thence North 00 degrees 14 minutes 26 seconds West parallel with the East line of said Southwest Quarter 924.00 feet to the North line thereof; thence North 89 degrees 46 minutes 37 seconds West on and along the South line of the Northwest Quarter of said Section 32, 293.15 feet to the Southeast corner of Brookshire, Section 6 -C, the plat of which is recorded in Plat Book 5, page 45, in the Office of the Recorder of Hamilton County, hrdiana; thence North 07 degrees 57 minutes 43 seconds East on and along the Eastline of said subdivision, 304.85 feet to the Southeast corner of Brookshire, Section 6 -B, the plat of which is recorded in Plat Book 4, pages 171 and 172 in the Office of the Recorder of Hamilton County, Indiana; thence North 07 degrees 57 minutes 43 seconds East on and along the East line of said subdivision 446.56 feet; thence North 15 degrees 0] minute 45 seconds East on and along said East line 70.06 feet to the Southeast comer of Brookshire, Section 6 -A, the plat of which is recorded in Plat Book 4, page 169, in the Office of the Recorder of Hamilton County, Indiana; thence North 15 degrees 01 27210E_4.DOC - 12- minute 45 seconds East on and along the East line of said subdivision, 536.31 feet; thence North 20 degrees 34 minutes 48 seconds East on and along said East line 234.98 feet; thence North 08 degrees 58 minutes 11 seconds East on and along said East line 233.12 feet; thence North 16 degrees 16 minutes 45 seconds East on and along the East line of said subdivision, 319.71 feet; thence North 40 degrees 56 minutes 51 seconds East on and along the East line of said subdivision, 442.15 feet; thence South 89 degrees 30 minutes 17 seconds East on and along the East line of said subdivision, 174.93 feet; thence South 00 degrees 19 minutes 30 seconds West 110.00 feet; thence South 69 degrees 48 minutes 30 seconds East 116.06 feet; thence South 16 degrees 26 minutes 45 seconds West 200.00 feet; thence South 73 degrees 33 minutes 15 seconds East 45.00 feet; thence North 47 degrees 01 minute 42 seconds East 220.37 feet; thence North 36 degrees 39 minutes 30 seconds East 165.00 feet to a point which is 290.00 feet South 00 degrees 19 minutes 30 seconds West of a point on the North line of the Northeast Quarter of said Section 32, which is 340.00 feet South 89 degrees 40 minutes 30 seconds East of the Northwest corner thereof; thence North 45 degrees 19 minutes 30 seconds East 176.78 feet; thence North 00 degrees 19 minutes 30 seconds East 165.00 feet to a point on the North line of the Northeast Quarter of Section 32, Township 18 North, Range 4 East which is 465.00 feet South 89 degrees 40 minutes 30 seconds East of the Northwest corner of said Northeast Quarter; thence South 89 degrees 40 minutes 30 seconds East on and along the North line of said Northeast Quarter 259.39 feet to the Northwest corner of Brookshire, First Section, the plat of which is recorded in Plat Book 3, page 108, in the Office of the Recorder of Hamilton County, Indiana; thence South 32 degrees 39 minutes 00 seconds East on and along the West line of said subdivision 217.18 feet; thence South 32 degrees 49 minutes 15 seconds West on and along the West line of said subdivision 217.27 feet; thence South 21 degrees 36 minutes 10 seconds West on and along said West line 285.20 feet; thence South 47 degrees 05 minutes 35 seconds West on and along said West line 250.09 feet; thence South 32 degrees 49 minutes 30 seconds West on and along said West line 417.41 feet; thence South 38 degrees 59 minutes 30 seconds west on and along said West line 289.36 feet to the Northernmost corner in the rear line of Lot 74 in Brookshire, Third Section, the plat of which is recorded in Plat Book 3, page 145, in the Office of the Recorder of Hamilton County, Indiana; thence South 80 degrees 39 minutes 25 seconds West on and along the Northerly line of said subdivision, 185.23 feet; thence South 17 degrees 00 minutes 00 seconds West on and along the westerly line of said subdivision 515.96 feet; thence South 41 degrees 18 minutes 27 seconds West on and along the Westerly line of said subdivision, 199.86 feet; thence South 10 degrees 21 minutes 28 seconds West on and along the Westerly line of said subdivision 329.89 feet; thence South 06 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision, 361.87 feet; thence South 32 degrees 10 minutes 00 seconds East on and along the Westerly line of said subdivision 366.57 feet; thence North 70 degrees 38 minutes 00 seconds East on and along the Southerly line of said subdivision 136.45 feet; thence North 43 degrees 27 minutes 45 seconds East on and along the Easterly line of said subdivision 586.00 feet; thence North 06 degrees 10 minutes 00 seconds West on and along the Easterly line of said subdivision, 231.76 feet; thence North 45 degrees 00 minutes 00 seconds East on and along the Easterly line of said subdivision, 315.00 feet; thence North 60 degrees 45 minutes 20 seconds East on and along the Easterly line of said subdivision 152.11 feet to the westerly line of Brookshire, Second Section, the plat of which is recorded in Plat Book 3, page 116, in the Office of the Recorder of Hamilton County, Indiana; thence South 08 degrees 32 minutes 35 seconds East on and along said West line 236.08 feet; thence North 62 degrees 51 minutes 20 seconds East on and along the South line of Lot 124 in said subdivision 272106_4. DOC - 13 - 170.00 feet to the Westerly line of Brookshire Parkway, said point being on said curve with a radius of 330.00 feet, the radius point of which bears North 62 degrees 51 minutes 20 seconds East from the last described point; thence Southeasterly on and along said right of way line on a curve 131.64 feet to a point which bears South 40 degrees 00 minutes 00 seconds West from the radius point of said curve; thence South 50 degrees 00 minutes 00 seconds East on and along said right of way line 268.33 feet; thence South 40 degrees 00 minutes 00 seconds West on and along the Westerly line of said Brookshire, Second Section, 150.00 feet; thence South 41 degrees 48 minutes 31 seconds East on and along said West line 93.23 feet; thence South 11 degrees 03 minutes 36 seconds East on and along said West line 138.55 feet; thence South 30 degrees 00 minutes 00 seconds West on and along sail West line 312.18 feet; thence South 04 degrees 54 minutes 42 seconds East on and along said West line 486.70 feet to the Northeast confer of Lot 261 in Brookshire, Section Five, the plat of which is recorded in Plat Book 4, pages 117 and 118 in the Office of the Recorder of Hamilton County, Indiana; thence South 90 degrees 00 minutes 00 seconds West on and along the Northerly line of said subdivision 430.00 feet; thence South 24 degrees 20 minutes 55 seconds West on and along the Westerly line of said subdivision, 144.78 feet; thence South 12 degrees 54 minutes 00 seconds West on and along the Westerly line of said subdivision, 236.59 feet; thence South 45 degrees 00 minutes 00 seconds East on and along the Westerly line of said subdivision, 196.32 feet; thence South 55 degrees 25 minutes 49 seconds East 375.39 feet; thence South 76 degrees 13 minutes 35 seconds East on and along the Southerly line of said subdivision, 350.12 feet; thence South 86 degrees 41 minutes 40 seconds East on and along the Southerly line of said subdivision, 770.00 feet; thence North 86 degrees 37 minutes 23 seconds East on and along the Southerly line of said subdivision, 150.78 feet; thence North 71 degrees 41 minutes 38 seconds East on and along the Southerly line of said subdivision, 75.27 feet; thence North 57 degrees 44 minutes 40 seconds East on and along the Southerly line of said subdivision, 280.75 feet; thence North 89 degrees 49 minutes 06 seconds East on and along the Southerly line of said subdivision, 206.71 feet measured (230.00 feet deed) to the Westerly right -of -way of Gray Road as described in Bridge Project #139, the following six (6) courses and distances being along the aforesaid right -of -way line (1) thence South 00 degrees 09 minutes 42 seconds East 401.59 feet; (2) thence South 12 degrees 14 minutes 45 seconds West 102.39 feet; (3) thence South 00 degrees 09 minutes 42 seconds East 150.00 feet; (4) thence South 19 degrees 33 minutes 15 seconds East 53.01 feet; (5) thence South 07 degrees 21 minutes 54 seconds West 101.96 feet; (6) thence South 09 degrees 40 minutes 09 seconds East 207.97 feet to the Northerly right -of -way line of 116th Street as now laid out and in use, the following four (4) courses and distances being along the aforesaid Northerly right -of -way line (1) thence South 61 degrees 37 minutes 56 seconds West 62.66 feet; (2) thence South 84 degrees 45 minutes 22 seconds West 55.24 feet; (3) thence North 89 degrees 54 minutes 34 seconds West 675.00 feet; (4) thence South 70 degrees 10 minutes 49 seconds West 53.18 feet; thence South 00 degrees 05 minutes 26 seconds West 20.00 feet to the place of beginning, containing 123.97 acres, more or less. EXCEPTING THEREFROM: Part of the Northeast and part of the Northwest Quarter of Section 32, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: 272106_4.DOC - 14 - Beginning at the Northwest corner of Lot Number Three (3) in Brookshire Overlook, an Addition in Hamilton County, Indiana, as per plat thereof recorded in Plat Book 7. pages 149 and 150 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 19 minutes 30 seconds West (plat bearing this and the next course are 011 the perimeter of said Lot Number Three (3) in Brookshire Overlook) 69.97 feet to iron pin found; thence South 69 degrees 48 minutes 30 seconds East 76.27 feet; thence South 20 degrees 11 minutes 30 seconds West 12.20 feet; thence North 72 degrees 01 minute 00 seconds West 74.75 feet; thence North 00 degrees 19 minutes 00 seconds East parallel with the West line of said Lot Number Three (3), 85.19 feet; thence South 89 degrees 40 minutes 30 seconds East 3.50 feet to the Point of Beginning, containing 1,319 square feet (0.03 acre), more or less. ALSO EXCEPTING THEREFROM: A part of the Northeast Quarter of Section 32; Township 18 North, Range 4 East, in Hamilton County, Indiana, being more particularly described as follows: Commencing at the northwest corner of Lot 1 I 1 in Brookshire, Third Section, as recorded in Book 3; Page 145, in the Office of the:Recorder of Hamilton County, Indiana; said northwest comer being North 89 degrees 35 minutes 38 seconds East from a brass plug found in the centerline of Windsor Drive; thence South 88 degrees 22 minutes 10 seconds East (plat bearing) along the north line thereof a distance of 141.77 feet to the northeast corner of said Lot 111; thence North 78 degrees 54 minutes and 21 seconds East a distance of 75.11 feet to the comer of an existing fence and the Point of Beginning; thence North 40 degrees 6 minutes 59 seconds East along said fence a distance of 78.84 feet; thence North 49 degrees 54 minutes 31 seconds West a distance of 12.48 feet; thence North 40 degrees 32 minutes 18 seconds East a distance of 22.44 feet; thence South 50 degrees 42 minutes 16 seconds East a distance of 21.08 feet; thence South 41 degrees 39 minutes 28 seconds West a distance of 10.56 feet to an existing fence; thence South 49 degrees 46 minutes 01 seconds East along said fence and exterior wall of an existing building a distance of 132.34 feet; the following 3 courses are along said exterior of an existing building; (1) thence South 40 degrees 10 minutes 16 seconds West a distance of 1.40 feet; (2) thence North 49 degrees 49 minutes 44 seconds West a distance of 1.32 feet; (3) thence South 40 degrees 10 minutes 16 seconds West a distance of 33.50 feet to an existing party wall; thence North 49 degrees 49 minutes 44 seconds West along said party wall a distance of 30.20 feet to the exterior wall of said existing building, the following 3 courses are along said exterior wall; (1) thence South 40 degrees 10 minutes 16 seconds West a distance of 37.39 feet; (2) thence North 49 degrees 49 minutes 44 seconds West a distance of 15.86 feet; (3) thence South 40 degrees 18 minutes 22 seconds West a distance of 18.04 feet to an existing fence line; thence North 50 degrees 10 minutes 32 seconds West along said fence a distance of 7.81 feet; thence South 39 degrees 34 minutes 40 seconds West a distance of 6.00 feet; thence North 50 degrees 10 minutes 32 seconds West a distance of 5.50 feet; thence North 39 degrees 34 minutes 40 seconds East a distance of 6,00 feet to said existing fence; thence North 50 degrees 10 minutes 32 seconds West along said fence a distance of 80.23 feet to the Point of Beginning. Containing 0.254 acres, more or less. 272106_4. DOC - 15 - ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL (CALLED THE "PREMISES" IN THE FOREGOING DEED): A part of Section 32, Township 18 North, Range 4 East, in Hamilton County, Indiana, being described as follows: Commencing at the southeast corner of the Southeast Quarter of said Section; thence North 89 degrees 46 minutes 50 seconds West along the south line thereof a distance of 1321.87 feet to the southwest corner of the Southeast Quarter of said Southeast Quarter; thence North 00 degrees 07 minutes 27 seconds West along the west line of said Quarter Quarter Section a distance of 307.40 feet to the southwest corner of a tract of land described in Instrument # 91 -2483 in the Office of the Recorder, in Hamilton County, Indiana (the following three (3) courses being along the south, east and north lines of said tract of land); (l) thence North 67 degrees 29 minutes 53 seconds East a distance of 287.53 feet; (2) thence North 00 degrees 07 minutes 27 seconds West parallel with aforesaid west line a distance of 146.58 feet; (3) thence North 84 degrees 07 minutes 37 seconds West a distance of 267.34 feet to the northeast corner of a tract of land described in Instrument # 98- 9851709 in of said Recorder's Office; thence North 89 degrees 10 minutes 45 seconds West a distance of 440.80 feet to the east line of Brooks Manor as per plat thereof recorded in Plat Book 15, pages 88 -89 in said Recorder's Office; thence North 00 degrees 43 minutes 30 seconds West along said east line a distance of 4.43 feet to the northeast corner of said Brooks Manor; thence South 89 degrees 47 minutes 13 seconds West along the north line of said Brooks Manor a distance of 222.70 feet to the east line of Briar Cove Estates as per plat thereof recorded in Plat Book 6, pages 79 -80 in said Recorders Office; thence North 00 degrees 23 minutes 01 seconds West along the east line of said Briar Cove Estates a distance of 98.59 feet; thence North 73 degrees 38 minutes 15 seconds West along the north line of said Briar Cove Estates a distance of 341.70 feet to the northeast comer of Williams Ridge as per plat thereof, recorded as Instrument # 2002 -83530 in said Recorder's Office; thence North 72 degrees 45 minutes 44 seconds West along the north line of said Williams Ridge a distance of 345.86 feet to the west line of the Southeast Quarter of said Section; thence North 00 degrees 06 minutes 48 seconds West along said line a distance of 690.00 feet to the northeast corner of Bradford Place as per plat thereof recorded in Plat Book 12, page 79 in said Recorder's Office; thence North 16 degrees 09 minutes 40 seconds West a distance of 129.22 feet to the Point of Beginning; thence North 37 degrees 16 minutes 36 seconds West a distance of 65.00 feet; thence North 52 degrees 43 minutes 24 seconds East a distance of 20.00 feet; thence South 37 degrees 15 minutes 36 seconds East a distance of 65.00 feet; thence South 52 degrees 43 minutes 24 seconds West a distance of 20.00 feet to the Point of Beginning. Containing 1,300 square feet, more or less. [END OF EXCLUSIONS] AND TOGETHER WITH THE FOLLOWING PARCELS 2, 3 AND 4: PARCEL 2: Part of Lot 23 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 2, page 85 in the Office of the Hamilton County Recorder, more particularly described as 272106_4. DOC - 16 - follows: Beginning at the Northernmost corner of said Lot 23; thence South 00 degrees 14 minutes 35 seconds East on and along the East line of said Lot 209.60 feet; thence North 24 degrees 48 minutes 27 seconds West 155.78 feet to a point on the Northerly line of said Lot; thence North 43 degrees 23 minutes 37 seconds East on and along aforesaid Northerly line 93.85 feet to the place of beginning; containing 0.156 acre, more or less. PARCEL 3: Part of Lot 24 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 3, page 85 in the Office of the Hamilton County Recorder, more particularly described as follows: Beginning at the Northeastern most corner of said Lot 24; thence South 00 degrees 14 minutes 35 seconds East on and along the East line of said Lot 290.40 feet to the Southeast corner of said Lot; thence South 43 degrees 23 minutes 37 seconds West on and along the South line of said Lot 93.85 feet; thence North 24 degrees 48 minutes 27 seconds West 282.27 feet to a point on the Northwesterly line of said Lot; thence North 29 degrees 18 minutes 24 seconds East on and along said Northwesterly line 118.72 feet to the North line of said Lot; thence South 89 degrees 27 minutes 42 seconds East 123.57 feet to the place of beginning, containing 1.037 acres, more or less. PARCEL 4: Part of Lot 25 in Eden Forests, a subdivision in Hamilton County, Indiana, recorded in Plat Book 3, page 85 in the Office of the Hamilton County Recorder, more particularly described as follows: Beginning at the Northeast corner of said Lot 25; thence South 29 degrees 18 minutes 24 seconds west on and along the East line of said Lot 118.72 feet; thence North 24 degrees 48 minutes 27 seconds West 115.16 feet to a point on the North line of said Lot; thence South 89 degrees 27 minutes 42 seconds East on and along aforesaid North line 106.43 feet to the place of beginning, containing 0.127 acre, more or less. 272106_4.DOC - 17 - EXHIBIT B TO SPECIAL WARRANTY DEED LEGAL DESCRIPTION OF THE [EXCLUDED] PREMISES A part of Section 32, Township 18 North, Range 4 East, in Hamilton County, Indiana, being described as follows: Commencing at the southeast corner of the Southeast Quarter of said Section; thence North 89 degrees 46 minutes 50 seconds West along the south line thereof a distance of 1321.87 feet to the southwest corner of the Southeast Quarter of said Southeast Quarter; thence North 00 degrees 07 minutes 27 seconds West along the west line of said Quarter Quarter Section a distance of 307.40 feet to the southwest corner of a tract of land described in Instrument # 91 -2483 in the Office of the Recorder, in Hamilton County, Indiana (the following three (3) courses being along the south, east and north lines of said tract of land); (1) thence North 67 degrees 29 minutes 53 seconds East a distance of 287.53 feet; (2) thence North 00 degrees 07 minutes 27 seconds West parallel with aforesaid west line a distance of 146.58 feet; (3) thence North 84 degrees 07 minutes 37 seconds West a distance of 267.34 feet to the northeast corner of a tract of land described in Instrument # 98- 9851709 in of said Recorder's Office; thence North 89 degrees 10 minutes 45 seconds West a distance of 440.80 feet to the east line of Brooks Manor as per plat thereof recorded in Plat Book 15, pages 88 -89 in said Recorder's Office; thence North 00 degrees 43 minutes 30 seconds West along said east line a distance of 4.43 feet to the northeast corner of said Brooks Manor; thence South 89 degrees 47 minutes 13 seconds West along the north line of said Brooks Manor a distance of 222.70 feet to the east line of Briar Cove Estates as per plat thereof recorded in Plat Book 6, pages 79 -80 in said Recorders Office; thence North 00 degrees 23 minutes 01 seconds West along the east line of said Briar Cove Estates a distance of 98.59 feet; thence North 73 degrees 38 minutes 15 seconds West along the north line of said Briar Cove Estates a distance of 341.70 feet to the northeast corner of Williams Ridge as per plat thereof, recorded as Instrument # 2002 -83530 in said Recorder's Office; thence North 72 degrees 45 minutes 44 seconds West along the north line of said Williams Ridge a distance of 345.86 feet to the west line of the Southeast Quarter of said Section; thence North 00 degrees 06 minutes 48 seconds West along said line a distance of 690.00 feet to the northeast corner of Bradford Place as per plat thereof recorded in Plat Book 12, page 79 in said Recorder's Office; thence North 16 degrees 09 minutes 40 seconds West a distance of 129.22 feet to the Point of Beginning; thence North 37 degrees 16 minutes 36 seconds West a distance of 65.00 feet; thence North 52 degrees 43 minutes 24 seconds East a distance of 20.00 feet; thence South 37 degrees 15 minutes 36 seconds East a distance of 65.00 feet; thence South 52 degrees 43 minutes 24 seconds West a distance of 20.00 feet to the Point of Beginning. Containing 1,300 square feet, more or less. 272I06_4.DOC -18- MICHAEL S. WALSH, ESQ. 11805 N. Pennsylvania Carmel, Indiana 46032 Re: CTIC #390933 • PBEFARFD 20: 9ENCNIEARK LAND 9CRvACES, INC. 9955 L20SS6u Ni BOULEVARD, sun[ 'i10 INDIANAPOLIS. IN 46256 BATE I- 6-07 J98 NO.. 1 -20046 N 00'00'00" E \. 20 00' S 90'00'00" W 20.00' N 00 °00'00° E. 50.50' POINT OF BEGINNING -- 85743'24 °E J' 20.00' N 37'16'36" W 20.00' 837'16'36 "W 65.00' EXHIBIT C-1, PAGE 1 GOLF CART PA-N ACCESS/UTILITY� EASEMENT \ \ 5 a`. Po 49 LAc y r o`F SFFpC`�N� 2 5 4, 3 S 00'00'00" W 46.04' S 37'16'36" E 19.82' 52443'24" W 25.00' O 64 o p 0 00 o - o4A- THE [EXCLUDED] PREMISES NE CORNER OF BRADFORD PLACE W LINE OF SE 1/4 OF SECT. 32, T. 18N, R. 4E NE CORNER OF � WILLIAMS RIDGE Mz•45',4 „ 345.86' lv A34 38 l W 0 °'1 o 03 ( S89.47' 13 "W L 222 70' N GRAPHIC SCALE 100 50 0 100 L�J IN FEET ) 1 inch = 100 ft. E LINE OF BRIAR COVE ESTATES NE CORNER OF BROOKS MANOR NE CORNER OF INSTR. NO. 98- 9851709 800443'30 "W 4.43' / N89'10'45 "W / 440.80' , 184•07'37"W 267.34'117 C `c° o N0. 91 -2483 F INSTR. -1.1553. ^ ° ■(.. SW CORNER OF SE Y4 OF SE Y OF SECT. 32, T. IBN, R. 4E N o c I ° o O -' PAGE 1 OF 2 W LINE OF SE 1/4 OF SE 1/4 S LINE OF SE 1/4 OF SECT. 32, T_///18N, R. 4E N89'46'50'W� 1321.87 / POINT OF COMMENCEMENT SE CORNER OF SE 1/4 OF SECT. 32, T. 18N, R. 4E 274352 - 19 - (PREP-ENCHMARR LAND E0RNCES, S' ARED E06 9E55 CRa25POTTT €ULEVARD, SUITE 1 1 4 INDIANAGOJS, IN 46255 DATE. 1 -15 -0 LDS NU, 200 T6 EXHIBIT C-1, PAGE 2 R= 330.00' L= 20.14' / / / ACCESS/UTILITY a' / a/ oo ESEMENr 7 /oh � P / / P `�' AA o \ p� � N NA. ,\ ; 1 1 GRAPHIC SCALE Too so a raa ( IN FEET ) 1 inch = 100 ft. PAGE 2 OF 2 Access and Utility Easement A port of Section 32, Township 18 North, Ronge 4 East, in Hamilton County, Indiana, being described as follows: Commencing of the southeast corner of the Southeast Quarter of said Section', thence North 89 degrees 46 minutes 50 seconds West (assumed basis of bearings) along the south line thereof a distance of 1321.87 feel to the southwest corner of the Southeast Quarter of said Southeast Quarter; thence North 00 degrees 07 minutes 27 seconds West along the west line of said Quarter Quarter Section a distonce of 307.40 feet to the southwest corner of a tract of land described in Instrument b 91 -2483 in the Office of the Recorder, in Hamilton County, Indiana (the following three (3) courses being along the south, east and north lines of said tract of land); (1) thence North 67 degrees 29 minutes 53 seconds East a distance of 287.53 feet; (2) thence North 00 degrees 07 minutes 27 seconds West parallel with aforesaid west line a distance of 146.58 feet; (3) thence North 84 degrees 07 minutes 37 seconds West o distance of 267.34 feet to the northeast corner of a tract of land described in Instrument # 98- 9851709 in said Recorder's Office; thence North 89 degrees 10 minutes 45 seconds West a distance of 440.80 feet to the east line of Brooks Manor as per plat thereof recorded in Plat Book 15, pages 88 -89 in said Recorder's Of fice; thence North 00 degrees 43 minutes 30 seconds West along said east line a distance of 4.43 feet to the northeast corner of said Brooks Manor; thence South 89 degrees 47 minutes 13 seconds West along the north line of said Brooks Manor a distance of 222.70 feet to the east line of Briar Cove Estates as per plat thereof recorded in Plat Book 6, pages 79 -80 in said Recorders Office; thence North 00 degrees 23 minutes 01 seconds West along the east line of said Briar Cove Estates a distance of 98.59 feet; thence North 73 degrees 38 minutes 15 seconds West along the north line of said Briar Cove Estates a distance of 341.70 feet to the northeast comer of Williams Ridge as per plat thereof, recorded as Instrument # 2002 -83530 in said Recorders Office', thence North 72 degrees 45 minutes 44 seconds 'Nest along the north line of said Williams Ridge a distance of 345.86 feet to the west line of the Southeast Quarter of said Section; thence North 00 degrees 06 minutes 48 seconds West along said line a distance of 690.00 feet to the northeast corner of Bradford Place as per plat thereof recorded in Plat Book 12, page 79 in sold Recorder's Office; thence North 16 degrees 09 minutes 40 seconds West a distance of 129.22 feet; thence North 37 degrees 16 minutes 36 seconds West a distance of 65.00 feet, thence North 52 degrees 43 minute s 24 seconds East a distance of 20.00 feet to the Paint of Beginning; thence North 00 degrees 00 minutes 00 seconds East a distance of 50.50 feet; thence South 90 degrees 00 minutes 00 seconds West o distance of 20.00 fent; thence North 00 degrees 00 minutes 00 seconds East a distance of 20.00 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 20.00 feet; thence North 50 degrees 36 minutes 20 seconds East a distance of 287.46 feet; thence North 38 degrees 50 minutes 41 seconds East a distance of 89.09 feet; thence North 30 degrees 38 minutes 02 seconds East o distance of 290.16 feet; thence North 33 degrees 10 minutes 41 seconds East o distance of 170.08 feet; thence North 27 degrees 00 minutes 14 seconds East o distance of 209.27 feet; thence North 38 degrees 56 minutes 17 seconds East a distance of 435.01 feet to o point on a non - tangent curve to the left with o radius of 330.00 feet, the radius point of which beors North 47 degrees 28 minutes 13 seconds East; thence southeasterly along said curve a distonce of 20.14 feet to a point which bears South 43 degrees 58 minutes 25 seconds West from said radius point, said curve also being on the southerly right -of -way line of Brookshire Parkway per the plot of Brookshire, Second Section, on file in said Recorder's Office in Plot Book 3, Page 116', thence South 38 degrees 56 minutes 17 seconds West a distonce of 430.54 feet; thence South 27 degrees 00 minutes 14 seconds West o distonce or 208.26 feet thence South 33 degrees 10 minutes 41 seconds West a distance of 170.71 feet; thence South 30 degrees 38 minutes 02 seconds West o distance of 291.15 feet; thence South 38 degrees 50 minutes 41 seconds West o distance of 92.59 feet; thence South 50 degrees 36 minutes 20 seconds West a distance of 280.07 feet; thence South 00 degrees 00 minutes 00 seconds West a distonce of 46.04 feet; thence South 37 degrees 16 minutes 36 seconds East a distance of 19.82 feet; thence South 52 degrees 43 minutes 24 seconds West a distance of 25.00 feet; thence North 37 degrees 16 minutes 36 seconds West a distance of 20.00 feel to the Point of Beginning. Containing 31,706 square feet, more or less. 274351 - 20-