HomeMy WebLinkAbout Carmel/Martin Marietta (recording by attorney)
CROSS RESeRENCeS: THE M69T RECENT DEED OF-RECORD RELATIVE TO THE EASEMENTS
D?SCRIBED HEREIN WAS Rk0' RDF,D AS.INSTR"ENT NO. IN THE OFFICE
OF THE:RECORDER OF 14AMILTON'COUNTY, INDIANA
EASEMENT AGREEMENT
t y THIS EASEMENT AGREEMENT (ibis "Agreement") is rnade'as of the o'day of
"tvFare#t,,2009 (the "Effective- Date"), by and between THE CITY OF CARMEL INDIAI?IA, ON
BEHALF OF THE DEPARTMENT OF UTILITIES, a body politic of the State of'Iindiana
("Grantor"); and AMERICAN AGGREGA F-s CORPORATION , a-Delaware corpo7ation, arid
MAR'I`M MARIETTA \,IA'I-ERIA(.S, IN,C,, a North Earolina corporation (jointly, "Grantee").
R E' (1-1 '1 A. L S:
WHEREAS;' concurrently herewith, Grantor has acquired from American Aggregates
Corporation the surface.estate,of ceitain,real property,; as described on Exhib&A.attached hereto
and. iiicaq)orated'herein by this reference (."Grantor's Property") and American Aggregates
Corporatiomis,retaining4the subsurface estate beneath Grantors Property and
WHEREAS, Grantee,is in the business of quarrying,. mining, producing, processing; and
selling aggregate products ihchid_ir g but not-lintited to limestone; granite, sand,gravet; rock, and
other minerals (collectively, together' with any ancillary or incidental 'activities in connection
therewith, "Mining Aetivities?'); and
NAIHEREAS, Adwican Aggregatcs'Corporation, Martin,Marietta Materials, Inc. and/or
their affiliates own; lease and/or conduci Mining,Activikes on,certain other real estate in the.
vicinity, of Grantor's Property, :including, ,vithotit limitation, the subsurface estate beneath
Grantors Property (such real estate as may be owned; leased and/or operated, by American
Aggregates Corporation,-Martin..Marietta Materials, Inc, and/or their affiliates from,time to time
is collectively referred..to herein%as "Grantee's Property").
WHEREAS, American Aggeegates. Corporatibn would not. have transferr`ed' Grantor's
Property to Grantor,-without-concurrently establishing, forthe'benefit ofGrantee'S Property, the
cascmcnts and rights:,set forth below withrespect_to Gihrit&s Property,
,NOW, THEREFORE, for and in consideration of the premises-the sure of Ten'Doltars
($10,00) in hand paid by Grantee to Grantor; and other, good and valuable consideration, the
reeeipt and's6fticiency`of Which are hereby-acknowledged; Grantor and Grantee hereby agree as
foPows:
I. Recitals. The above recitals are hereby incorporated into this Agreement as if
fully set forth herein and are true and correct in all material respects.
2. Acknowledgments. The Board. of Public Works of the City of Carmel and
Grantee previously entered into a certain Coexistence Agreement dated September 27, 2007, as
amended by certain Structural Amendments to Coexistence Agreement dated October 31, 2008
(being collectively referred to hereinafter as the "Coexistence Agreement"). Grantor intends to
construct water treatment facilities and other related improvements upon Grantor's Property
(collectively, the "Water Treatment Facilities"), and covenants and agrees that neither the
Water Treatment Facilities nor Grantor's ownership or use of Grantor's Property will be used by
Grantor to limit, curtail or prohibit the Mining Activities so long as they are performed in
substantial compliance with: (i) all applicable federal, state and local laws, rules and regulations
(but with respect to local laws, rules and regulations, only those existing as of the Effective Date)
considering the benefit of the Administrative Easement, as such term is defined in Section 3
below; provided, however, that a claim of non-compliance based in nuisance or tort shall not be
deemed a failure to comply with applicable law; and (ii) the terms and conditions of the
Coexistence Agreement and any and all other agreements between Grantor and Grantee (or their
affiliates) relating to conduct of Mining Activities (collectively, the "Regulations"). Grantor
covenants and agrees that it shall not object to Impacts upon Grantor's Property or the Water
Treatment Facilities which result from Nlining Activities conducted in compliance with the
Regulations.
3. Easements. Grantor hereby grants to Grantee; for the benefit of Grantee's
Property (i) a non-exclusive easement on, over, through; across and under Grantor's Property for
purposes of installing, maintaining, repairing, replacing and removing monitoring equipment
(collectively, the "Equipment") for the purpose of measuring the Impacts (as,defined below)
occurring in connection with Mining Activities on Grantee's Property (the "Equipment
Easement"), and (ii) such rights or interests (excluding any ownership or possessory interest) in
favor of Grantee as are necessary to permit the use and inclusion by Grantee of Grantor's
Property as part of Grantee's Property for the sole purpose of showing and establishing
compliance with any and all local, state, or federal laws, rules, or regulations by determining the
effect of any blasting impacts, air emissions, noise emissions, light emissions, applicable
setbacks, side yards or similar restrictions or any other impacts from Mining Activities on
Grantee's Property (collectively, the "Impacts") and measuring compliance with any applicable
laws, rules or regulations as if Grantee was the fee owner of Grantor's Property (the
"Administrative Easement") (the Equipment Easement and Administrative Easement being
sometimes collectively referred to hereinafter as the "Easements"), The grant of the
Administrative Easement is made to the fullest extent such grant can be made in accordance with
applicable state and federal laws, whether in the nature of an easement or otherwise, and Grantor
agrees that Impacts and related determinations shall be measured from the rights-of-way lines of
Grantor's Property along 106th Street (to the north) and Gray Road (to the west) rather than
along the boundary of any surface real estate owned by Grantee, to the.fullest extent permitted
by applicable state and federal laws.
2
d, Setback Waivers= To the ex ent;that any law or-regulation enacted or-amended
subsequent.to the Effective Date contains.provi'sions•alloxving;adjacent-propert t-
y owners, o waive
setback requirements, Grantor agrees that Grantor will,grant?to Grantee; upon request; a waiver
of any suchsetback 'requiterneiat that would, otherwise. require -a certain setback on Grantees
Property from the, common property, line,with Grantors Property. In addition, Grantor hereby
consents to the existence ofany and all improvements,and roadways=1h place?on any of Grantees'
Property to the extent. such irriprovcments and roadways exist on the Effective Date:and would
otherwise violate any,such existing setback. requirement.
5'. Standstill Agreement.. Grantor agrees that.Grantor will not take any action against
Grantee that would require. Grantee to changer, diminish, modify, elimii5ate, limit, curtail or
prohibit operations or Mining Activities upon Grantee's:Property'to make' such• operations or
activities compliant with environmental„land use, or nuisance'based laces, rules orregulations
that may 'measure Impacts or compliance at the new,,property line established by Grantor's
acquisition of Grantor's Property, provided that:the Mining !Activities conducted on Grantee's
Property:'{i) are in substantial corripliance with,all applicable federal, state and local iaws,,,rules
and.regtilaiions (but with respect-to local laws, rules and regulations, only, tWse:existing a 'of the
Effective Date) considmrig the benefit of the' asements, providcd.:further„howecter; that_a claim
of non-compliance based in nuisance or toil shall not be deemed a 'failure to comply with
applicable law;,and (ii) are. performed insubstantial compliance with the terms and conditions of
any and all othersagreements between Grantor and Grantee (or. their affiliates) relating to conduct
of Mining; Activities (including, without limitation the Coexistence,,Agreement): Subject-to the
foregoing, Grantor agrees thatit.shatt, notinitiate, pursue or join'inany action against` Grantee or
its lessees relating,to such Mining'Activ ities or their, effactupon Grantors use and enjoyment of
Grantor's Properly. Notwithstanding`anything'contained.'herein to.the contrary, in the event of a'
conflict between the terms aid.,co_nditions contained -in this Section 5 and those contained,in the
Coexistence Agreement, the tcrms.and conditions•of the C'oexistence,:Agrcarnent shall contrgL
6. Use and Term. The !Easements and other rights granted to G`rantec in tlii,s
Agreement are for the use and benefit of Grantee and G'rantee's agents,, employees, contractors,
tenants; licensees and-invitees solely in respect of.Mini ng-,Activities, and shall run with the land
for the benefit of ;Grantees Property and burden Grantor.'s Property for- so long, as Mining,
Activities have not beeh?abandoned for more than two consecutive- years on all of Grantee's
Property (the "Easement' Term" );,provided, however,°ihat no.interruption arising'in connection
with causes beyond the reasonable control of: Gran fee shall be deemed to commence-or continue;
any period ofahandonment of Mining Activities for purposes.of this-provision,
7. Grantor's Representations and Warranties. Grantor` represents and warrants to:
Grantee that Grantor owns fee simple,title.to G'rantor's Property and has the, full right,,,power and
authority to grant to Grantee- the Easements and "other rights granted under this- Agreement..
Grantor does, hereby wariant unto Grantee the- Fasements and the other rights granted to Grantee
herein, in accordance with the-terms and Conditions of'ihis?Agreernent, an8 will defend the same
against claims of ail persons (other than Grantee or its affiliates).
S: Reservation of Rights. Grantee agrees and acknowledges that Grantee's
representatives may enter upon Grantor's Property only in connecticn:with'Grantee's exercise of
its rights under the Equipment, Easement to install, maintain, repair, replace and remove the
Equipment. Grantee further agrees and ;aclcnowlcdges that Grantee"s rights' under the
Administrative Easement relate to -monitoring and Impacts compliance and are,. in effect: rights
of an administrative and regulatory,nafure for-the benefit of Gran tee' s. Property in connection
witlvthe'Mining Operations; and do not•inclWc the Hgh€ bEits representatives to'-have physical
access to or entry upon Grantor's Property. Grantee agrees and acknowledges that, the
Easements shall in no way be"deemed`to restrict. the construction, location or operation of `,the
Water Treatment Facilities an. anv portion of Grantor's Property. Furthermore, except as
otherwise expressly set forth herein, Grantor reserves the use and enjoyment, of Grantor's
Property, subject to°G'ranree's_rights under this Agreement.
9. Grantec's,Compliance With Laws, Grantee agrees that the Equipmem will be
installed and maintained in accordance with all applicable state and 'federal laws, that the
placement of Equipment will be done in a manner that will not interfere with Grantor's
construction and, operationofthe-Improvements {as reasonably determined by Grantor), and'ihat
all Equipment shall be rernoved from Gr'antor's Property within thirty (30) days., following
expiration of- 'theCasement Term.` The initial location of any Equipment shall subject :to
Grantor's approval, such approval, not to be unreasonably withheld, conditioned ,or,Aelayed.
Grantor, sliall have the righVto theraaRer`require any Equipmenr.to be reloca`ted1o an alternate
location reasonably acceptable to Granwe;-,provided that the`cost -of such-relocation shall be paid
by Grantor Grantee Further agrees and acknowledges iliat it will continue to,conduct the Mirii'ng
Activities upon Grantee's Property using such mining practices and methods as are permitted
under applicable !state,:and, l`ederal laws..
10., Binding on.'5uccessors.and Assigns. 'The Easements and rights=herein granted
shall run with the land, shall inure to the benefittofGrantcc;and-itssuccessors.,successors-in-title
and assigns, and be binding upon Grantor and its successors, successors-in-title and assigns
during the Easemem Terin. As and.whenever used.iierei t, the,term "Grantor" shall mean-and
include the named Grantor and its successors, successors-Sr,-title and assigns, and the Ierrn
"Grantee" shall mean;and include the named Grantee and its successors, successors-in-title;,and
assigns: The' Hasements and, rights granted to Grantee ri this Agreement shall not be
extinguished upon acquisition of thesubsurface estate beneath Grantor's Property but shall
contiribr to I enefitGrantee's Propertyas t exists from time:,to time during the Easemei9t'Termn
f 1, Remedies Upon Breachi Prevailing. Party. In the event of a'breach of this
Agreement (or a threatened breach of, this Agreement made in, writing, or otherwise, reasonably
evident by couise of conduct), the non-breaching party shall be°entitl6d to any'right or remedy at
law or in equity and may institute.proceedings for.fuli and adequate relief from the consequences
of said breach o? threatened breach. The successful party in any such proceeding shall be
entitled to reimbursement from the other party for the reasonable attorneys' Tees, disbursements
and other expenses incurred by the successful party. 'The ,term, "'successful party" shill include,
butnit be Gaited -to, -a party-who brins•an action against another party by reason of such other
pariy's,allcged breach,or fhrernencd,breach and obtains SubStantially.the.rehef"sought whether by
comprQrnise,;settleruent orjudgmerit.
4
12, Amendments. This Agreement may be amended, modified or terminated at any
time, but only by a written instrument executed by the parties and recorded in the Hamilton
County Recorder's Office.
13. No Joint Venture. Nothing contained herein shall be construed as either creating
a dedication or grant of any rights to the public or causing any party to be a joint venturer or
partner of any other.
14, Governing Law. This Agreement shall be governed by and construed pursuant to
the laws of the State of Indiana.
15. Severability. The invalidity or Linen forceabiIity of any covenant, condition, term
or provision in this Agreement shall not affect the validity and enforceability of any other
covenant, condition, term or provision.
16. Authoritv. Each undersigned person.signing on behalf of a party hereto certifies
that he has been fully empowered and duly authorized by any and all necessary company or
partnership action to execute and deliver this Agreement and bind such party.
17. Headings. Sections headings' in this Agreement are for informational purposes
only and shall have no binding effect.
18. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original.
[COUNTERPART SIGNATURE PAGES FOLLOW]
5
IN WITNESS WHEREOF, Grantor and Grantee have caused this Easement Agreement
to be executed as of the Effective Date.
"GRANTOR"
CITY OF CARMEL, INDIANA, ON BEHALF OF
THE DEPARTMENT OF UTILITIES
n
Y'
Prin ame: James Brainard
Title: Mayor
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, the Mayor of the City of Carmel; Indiana, who acknowledged the execution of the
foregoing Easement Agreement, and who, having been duly sworn, stated that any
representations therein contained are true.
Witness my hand and Notarial Seal this 2n dayofA-iFfineh; 2009.
nature) -
-,,, Ara t -1bknsor )
(printed name) Notary Public
My Commission Expires: _x{3,1 CO Cotmty of•Residence:tI `z?(l
"GRANTEE"
MARTIN"[NIARIE"fTA.MATERIALS, FNIC.,.a
North Carolina corporation
By:
Prinl Nlame: o J. TVgtl 'Titl
e: Presi ?en -,Mid Division
STATF-OF INDIANA
SS:
COUNTY OF MARION
Before, me,_a'Notary Public,in:and for said County, and State,: personal] y?appeared,John;).
Ttberi, the President.-'Mid"easi Division of Martin Marietta Materials, Inc,, who acknowledged
the execotibn of the. foregoing Easement Agreement,.and,who, having been duly sWarn, stated
that any representations therein. eontained are true.
Witness my hand;a_ndiNotarial, Seal th_ is I dd y of, ?7Gk, 2oo,91,
.(signature)
(printed mine)' Nbtary Public
My Commission'Expires: c?-??-(S County of Residence; /?,al e4 ,A C-XL
AMERICAN AGGREGATES CORPORATION, a
Delaware corporation
By: -
Print Name: Roselyn R. Bar
Title: Vice President and Secretary
STATE O&Mh aywm
) SS:
COUNTY OFU &y M
Before me, a Notary Public in and for said County and State, personally appeared
Roselyn R. Bar, Vice President and Secretary of American. Aggregates Corporation, who
acknowledged the execution of the foregoing Easement Agreement, and who, having been duly
sworn, stated that any representations therein contained are true.
Witness my hand and Notarial Seal this day of V 2009. 14 (signat )
R-ey0 0 a L. Move a-(- C)
2 (printed name) Notary Public
My Commission Expires: J ??? County of Residence:
1 affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social
Security number in this document, unless required by law, Matthew G. DeLaruelle
This instrument prepared by: Matthew G. DeLaruelle, ICE MILLER LLP, One American
Square, Suite 2900, Indianapolis, IN 46282-0200.
EXHIBIT A
Grantor's Property
The following described real estate situated above five hundred fifty-nine (559) feet above mean
sea level, located in Hamilton County, in the State of Indiana:
A Part of the West Half of the Northwest Quarter of Section 9, Township 17
North, Range 4 East of the Second Principal Meridian, situated in Clay Township,
Hamilton County, Indiana and being more particularly described as follows:
Commencing at the Northeast corner of the West Flall of the Northwest Quarter
of said Section 9, Township 17 North, Range 4 East; thence North 89 degrees 55
minutes 56 seconds West (basis of bearings) on and along the North line of said
West Half 60.00 feet; thence South 00 degrees 11 minutes 12 seconds West
parallel with the East line of said West Half 60.00 feet to a point on the South line
of 106th Street as described in Instrument. Number 199500052806 on file in the
Office of-the Recorder of Hamilton County, Indiana and the Point of Beginning of
this description; thence continuing South 00 degrees I 1 minutes 12 seconds West
parallel with the East line of said West Half 728.11 feet; thence North 89 degrees
48 minutes 48 seconds West 1216.19 feet to a point on the Easterly line of Gray
Road as described in Instruments Numbered 200500039772 and 200500075502
(Office of the Recorder); thence on and along said ]East line of Gray Road by the
following three (3) courses' 1_) North 00 degrees 1l. minutes 15 seconds East
379.71 feet; thence 2.) North 15 degrees 38 minutes 57 seconds East 187.53 feet;
thence 3.) North 00 degrees I I minutes 17 seconds East 165.23 feet to a point on
the South line of 106th Street; thence South 89 degrees 55 minutes 56 seconds
East on and along said South line 1166.19 feet to the Point of Beginning,
containing 20.00 acres, more or less.
MEMORANDUM OF AGREEMENTS
THIS MEMORANDUM OF AGREEMENTS (this "Memorandum") is entered into as of
the ^"A. day of r( ; 2009, by and among AMERICAN AGGREGATES
CORPORATION (".American Aggregates"), MARTIN MARIETTA MATERIALS, INC.
0ointly with American Aggregates; "Martin Marietta"), THE BOARD OF PUBLIC WORKS OF
THE CITY OF CARMEL (a/k/a.the Board of Public Works and Safety of the City of Carmel,
Indiana, on behalf of Carmel Utilities) ("BPW") and THE CITY OF CARMEL, INDIANA, ON
BEHALF OF THE DEPARTMENT OF UTILITIES (the "City").
RECITALS
WHEREAS, Martin Marietta and BPW entered into that certain Co-Existence
Agreement, dated as of September 27, 2007, as amended by that certain Structural Amendments
to Co-Existence Agreement, dated as of October 31, 2008 (as may be further amended from time
to time, the "Co-Existence Agreement").
WHEREAS,.the Co-Existence Agreement sets forth certain rights and obligations of the
parties with respect to the real estate described on Exhibit A attached hereto and incorporated
herein by this reference (the "Property"), including but not limited to the right of BPW to inspect
the subterranean portion of the Property as fully set forth in the Co-Existence Agreement.
WHEREAS; as of the date hereof, the City owns the surface estate of the Property and
American Aggregates Corporation owns the subterranean estate of the Properly.
WHEREAS, American Aggregates and BPW entered into that certain Agreement of
Purchase and Sale, dated as.of September 27, 2007 (the "Purchase Agreement").
WHEREAS, the Purchase Agreement sets forth certain rights and obligations of
American Aggregates and BPW with respect to the Property, including but not limited to the
obligation of American Aggregates to convey the subterranean estate to BPW within nine (9)
months after completing all excavation and mining related operations with respect thereto as
fully set forth in the Purchase Agreement.
WHEREAS, the parties desire to place this Memorandum of record for purposes of
advising interested third parties the existence of the Co-Existence Agreement and the Purchase
Agreement and the rights and obligations of the parties thereunder.
NOW; THEREFORE, the parties hereby state as follows:
1. The recitals set forth hereinabove are incorporated herein by this reference as if
fully restated herein.
2. Martin Marietta, BPW and the City hereby acknowledge that the Property is
subject to the terms and conditions of the Co-Existence Agreement and the Purchase Agreement
and the rights and obligations of the parties thereunder,, including but not limited to (i) the right
of BPW to inspect the subterranean portion of the Property as set forth in the Co-Existence
Agreement, and (ii) the obligation of American Aggregates to convey the subterranean estate of
the Property to BPW within nine (9) months after completing all excavation and mining related
operations with respect thereto as set forth in the Purchase Agreement.
3. Reference is hereby made to the entirety of the Co-Existence Agreement and the
Purchase Agreement for the full rights and obligations of the parties hereto and this
Memorandum shall not be deemed to modify or affect the Co-Existence Agreement or the
Purchase Agreement in any way.
4. The addresses of Martin Marietta and BPW and the City for purposes of this
Memorandum are as follows:
Martin Marietta:
Martin Marietta Materials. Inc.
11405 N. Pennsylvania; Suite 250
Carmel, IN 46032
Attn: John J. Tiberi. President-Mideast Division
With a copy to :
Martin Marietta Materials, Inc.
PO Box 30013
Raleigh, NC 27622
Attn: General Counsel
2-
BPW and/or the City:
Board of Public Works of City of Carmel
Carmel City Hall
One Civic Square
Carmel, Indiana 46032
Attention: John Duffy,.Director
This Memorandum may be executed by use of counterpart signature pages.
[COUNTERPART SIGNATURE PAGES FOLLOW]
-3-
IN WI T'NESS W EREOF Martin Marietta, SPW and the City have exccuted this
Memorandum as of the.day,.month and year first above written.
TAF.BOARD OF PUBLIC WORKS
OF-THE CITY OF CARNIFL
Before me,_h,Notary Public in and- for, said County and 51 _atc;personally,appeared James
Brainard, Mary Ann -Burke and Lori Watson, vJho acknokvl`edged' ihCex"ution' of the foregoing
Memorandum onbehalf of The,Bnard-of Public Works of the City of. Carmel.
Witness,my hand and Notarial Seal.this day of A?oeb4 '2009,
C. 6J, -
(si'gnature),
?_ ?/!!/? ?24u1S
(printed name) Nctary•Publio
My Commission Expires: County-oFResidence:
STATE OF NDTANA
'.) SS:
COUNTY OF )
CITY OF CARMEL,:INDIAN:A,
ON BEHALF OF THE DEPARTMENT OF UTILITIES
By: r
Print . ame: James Bf2nnard
Title: 'Mayor
STATE Or INDIANA }
) SS;
COIJNTY OF 1IAMIL`fON )
Before me,.a'Notary'Pu61ic'in and for said'County md'State, personally appeared'James
Brainard, the Mayor of the City of Carmel, Indiana,. who acknowledged the execution .of'the
foregoing Memorandum.
Witnessmyhand and Notarial Seal this Z day of AP,eIL , 20og,
(signature),
?. /lAld Z;? ?13
(printed name) -Notary Public
My Commission Expires; /?/? County of Residence:/Rb
MARTIN;MARIE-TTA MATERIALS, ING.
By;
Jo iberi. P ident -Mideast Division
51 1
STATE OF INDIANA
Ss
COUNTY OF )
Before me, aNotary Public in and for said,County and`State; personally appeared John.J.
Tiberi; the President --.Mideast.,Division of Martin Marietta Materials,"Inc., who acknowledged
the execution of the foregoing:Memcrandunr.
Witness my hand and-Notariul Seal'ihis )9 day-of ll? .,,2009,.
(signature)
(printed name) Notary Pablic
My Commission Expires: s County of Residence:
6-
AMERICAN AGGREGATES CORPORATION
By; Ad6zt?_ XL
Ros tyn'R. B , Vie Presidentand Secretary
STATE OF Gk
SS:.
COIJNTY,O17b?
Before me; a Notary Public in and, for said County and State;; pef'sonally appeared
Roselyn R. Bar; Vice President and Secretary of American Aggregates Corporation, who
acknowledged.the execution Of the'foregoing-Memorandum.
Witness my hand and Notarial Seat this (daayoff VL 2009.
L, MaL4c)
(signa e)
(printed, name) Notary: Public
My Commission Expires fib) County of Residence:?_.._a}n?)
This instrument. prepared by-and when recorded return tot Z_ eff A. Weiss, Esq, Ice Miller LLP,
One American Square,.Smte 2900, Indianapolis, IN 46282.
1 affirm, under the penalties for perjury, that 1 have; taken reasonali,€e care-fo redact each Social
Security"ndmber in-this document, unless required by law. .Zeff-A. Weiss
-7-
Bhibit A
Legai Description of theTrogerty
A Part of the West l-lalfof the-Northwest Quarter.of Section 9, Township.] 7 North-Range 4-East.
of the Second Principal Meridian, shuated'in Clay Tewnship,,Harrilion County, Indiana and,
being. more particularly described as follows:
Commencing'at the Northeast corner of the West Half of the Northwest"Quarter°of said Section
9, Township 17 North, Range 4,East;,thence,'North:89 degrees=55 minutes 56 seconds West
(basis of bearings) on and along the Nortli line of said West Half 60.00 feet; thence South 00
degrees I l minutes 12 seconds West parallel-with the East linesof said: West Half 60.00 feet to a
point on the South line of 1061ht Strcet as described; in lnstrument;Number -199500052806 on file
in the OFlide.df the'Recorder of Hamilton County,,1hdiana and the Point of 13eginning,of this
descripuon;; thence-continuing South 00 degrees 1 I minutes 12 seconds 1l7 esttparallel with the
East line of said West Half 728.11 feet; thence North 89 degrees 48 minutes 48 seconds West
1216.19 feet to a point on the Easterly line of.CrayRoad'as described in Instruments Numbered
200500039772; and 200500075502 {Officeofthe Recordem)t thence.on and:along,said Last.linc
of Gray Road by.the following three (3) courses- 1 ) North 00 degrees l 1 minutes 15 seconds
East 379.71 feet; thence 2.) North I S degrees38 minutes 57,seconds'East 187;53 feet; thence 3)
North 00 degrees 11 minutes 17 seconds Fast 165.23 feet to a point.on the South lihe.of 106th
Street; thence South 89 degrees 55 minutes 56 seconds Easton and along said,South line
1166.19 feet to,the. Point of Beginning
- S.-