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HomeMy WebLinkAboutCherry Creek Blvd - East Carmel LLCPP-t Dom= Zoaq- EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, East Carmel, LLC an Indiana limited liability company, as the fee owner of certain real estate, (hereinafter collectively referred to as "Grantor for and in consideration of One Dollar ($1.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby GRANT, BARGAIN, SELL, AND CONVEY UNTO the City of Carmel, Indiana, an Indiana municipal corporation, its successors and permitted assigns (hereinafter referred to as "GRANTEE a non exclusive and perpetual easement upon, over, under and across the real estate located in Hamilton County, Indiana, and described in the Sanitary Sewer Easement Exhibit attached hereto and hereby made a part hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing sanitary sewer lines and lift station and equipment appurtenant thereto. Such sewer line and lift station and appurtenant equipment shall be placed underground only, except for such appurtenant equipment that is customarily located at or above ground level in connection with a sanitary sewer line and lift station, such as manhole covers and electrical panels. Grantee shall have the right of ingress and egress over, under, upon and across any land, driveways and roadways located on the surface of the lands owned by Grantor, its successors and assigns, upon and within the boundaries of the easement area, for purposes of access to the easement area. Said easement also includes the rights and privileges to temporarily use, from time to time, a reasonable area of additional space, where available and necessary, that is adjacent to the easement area for equipment and materials necessary for the installation, repair and maintenance of Grantee's facilities located in, under, upon, over and/or across the easement area, to do all acts and things reasonably requisite and necessary for the full enjoyment of the APPROVED, AS TO FORM BY: 2008043642 EASEMENTS $43.00 08/26/2008 03:00:44P 16 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented easement hereby granted. Grantee also shall have the right from time to time to remove all trees, undergrowth, structures and/or other obstructions above, within, under, or immediately surrounding the easement area which may injure, endanger or interfere with Grantee's use and enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense, except as otherwise set forth herein. Notwithstanding the foregoing, Grantor hereby reserves all rights with respect to the easement area not inconsistent with the rights granted to Grantee herein. Grantor's rights also include, without limitation, the right to install, construct and maintain fences, landscaping and driveways in and over the easement area. Grantor's rights also include, without limitation, the right to grant easements in and to the easement area to providers of other utility services, provided, that the presence of such other utility lines, pipes and equipment shall not interfere with Grantee's sewer line and lift station or appurtenant equipment or Grantee's rights hereunder in any material fashion. Grantor shall notify Grantee in writing of any other utility service lines, piping or equipment proposed to be installed in the easement area. Subject to the rights reserved by Grantor in the preceding paragraph, Grantor, its successors or assigns, shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the easement area or perform any act which would materially impair or interfere with Grantee's use and enjoyment of the easement herein granted. The immediately preceding sentence prohibits (among the other prohibitions effected by it) the erecting or maintaining in the easement area of any earthen mound or series or system of earthen mounds. If the surface of the easement area and/or any nearby property of the Grantor, including, without limitation, any fencing, landscaping or driveway installed by Grantor, is disturbed by Grantee at any time, and/or from time to time by the installation, repair, maintenance, removal, replacement or other work in connection with utility lines or equipment, Grantee, at its sole cost and expense, shall repair and restore such permitted improvements and the surface of the easement area and/or other property of the Grantor to substantially the same condition which existed immediately prior to any such disturbance, except to the extent that Grantee was exercising its right to remove items which are materially interfering with or would materially interfere with the rights granted herein. Any work performed or caused to be performed upon, under and/or over or within the easement area at any time and from time to time shall be done at such a time and in such a manner as will cause a minimum of interference with the business being conducted by Grantor (or its successors and assigns) upon its land surrounding and adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee from performing any of its work during normal and customary daylight business hours. Grantee may not assign, grant or convey the right to use the easement area to any other person or entity or for any utility service other than Grantee's sanitary sewer service without Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole and absolute discretion. Grantee agrees to defend, indemnify and hold Grantor harmless from and against any and all claims, liabilities, damages, liens, judgments, suits, costs, expenses and fees, including, without limitation, reasonable attorneys' fees, suffered or incurred by Grantor, arising out of or in connection with (i) any breach on the part of Grantee hereunder, (ii) any entry onto or work performed at or on the easement area and/or any adjoining property owned by Grantor, by Grantee, its employees, contractors or agents, (iii) any personal injury or property damage arising out of or in connection with any entry onto the easement area or any adjoining area by Grantee, its employees, contractors or agents, and (iv) any mechanic's lien or any other lien placed or imposed on the easement area or Grantor's adjoining property by any person or entity claiming by or through Grantee, its employees, contractors or agents. Grantee shall be solely responsible for obtaining any and all permits and approvals required in connection with the installation and maintenance of the sanitary sewer line and appurtenant equipment, and shall comply with all applicable laws, statutes, codes, ordinances, rules and regulations. All notices required to be given under this Easement Agreement shall be in writing and will be deemed given three (3) business days after posting in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, or one (1) business day after depositing with a nationally recognized overnight courier, or upon actual receipt or delivery if delivered by hand, to Grantor or Grantee at the following addresses or to such other address as either party may hereafter designate in writing for such purpose: TO GRANTOR: East Carmel LLC, an Indiana limited liability company 9757 Westpoint Drive, Suite 600 Indianapolis, IN 46256 Attn: Steven R. Edwards TO GRANTEE: City of Carmel, Indiana, a municipal corporation One Civic Square Carmel, IN 46032 Attn: John Duffy, Utility Director TO HAVE AND TO HOLD unto Grantee, its successors and permitted assigns, so long as the rights and easements herein granted shall be used by Grantee upon the terms and conditions specified herein, with ingress to and egress from the easement area, for the purposes of constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements of record. It is agreed that this grant covers all the agreements between the parties regarding the subject matter hereof, and that no representations or statements, verbal or written, have been made modifying, adding to or changing the terms of this agreement. The Grantor represents and certifies that it is the fee simple owner of the easement area and real estate surrounding the easement area; that so long as Grantee fully performs all of its obligations hereunder Grantor covenants the quiet possession of the easement area to the Grantee from and against all persons or entities claiming by or through Grantor, but subject to the terms herein; that the easement area is free of any liens or encumbrances, except the lien of current taxes and any other liens or encumbrances or other matters that, as of the date of execution hereof, appear of public record; and that, subject to the foregoing, Grantor will warrant and defend Grantee's rights to the easement granted hereby against all claims thereon by persons or entities claiming by or through Grantor. SANITARY EASEMENT NUMBER ONE S:\55 11 SS 11Legal \Exhibit \SANITARY ESMT 1.rif February 25, 2008 rjc SANITARY SEWER EASEMENT EXHIBIT PREPARED FOR: EAST CARMEL, LLC THE LEGACY COMMUNITY DRIVE A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27 seconds West along the North line of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West perpendicular to said North line a distance of 94.18 feet to the intersection of the southerly right -of -way line of 146th Street and the easterly right -of -way line of Community Drive; thence along the easterly right -of -way line of Community Drive by the next ten (10) courses; 1) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2) southerly along said curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of said curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point; 4) southerly along said curve 34.64 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point of said curve; 5) South 00 degrees 00 minutes 00 seconds East 88.34 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East 455.50 feet from said point; 6) southerly along said curve 24.51 feet to the point of tangency of said curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point of said curve; 7) South 03 degrees 04 minutes 59 seconds East 480.79 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 86 degrees 55 minutes 01 seconds West 544.50 feet from said point; 8) southerly along said curve 29.30 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point of said curve; 9) South 00 degrees 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 seconds West 13.44 feet to the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East 72.73 feet; thence South 00 degrees 00 minutes 00 seconds East 30.00 feet; thence South 90 degrees 00 minutes 00 seconds West 83.73 feet to the easterly right -of -way line of Community Drive; thence along the easterly right -of -way line of Community Drive by the next two (2) courses; I) North 00 degrees 00 minutes 00 seconds East 19.00 feet; 2) North 45 degrees 00 minutes 00 seconds East 15.56 feet to the place of beginning, containing 0.056 acres, more or less. NOTE: THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT. STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS at LAND SURVEYORS 7965 East 106th Street, Fishers, IN 46038 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: RJC CHECKED BY: SCALE: 1" 300' DATE: 02/26/2008 JOB NO. 55115S1 PAGE OF 8 SHEETS S.155115511EvapSANITARY EASEMENTS.Ewg, PAGE 1, 7282008 12'54:35 PM, jcayle Curtis C. Huff Registered Land Surveyor No. 80040348 February 26, 2008 ,`11 Wa nrrr rrrrr r' zi' U ONSTEg .c No. 80040348 STATE OF 4 p SU F r��rrrH 11111111111 SANITARY EASEMENT NUMBER TWO A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27 seconds West along the North line of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West perpendicular to said North line a distance of 94.18 feet to the intersection of the southerly right -of -way line of 146th Street and the easterly right -of -way line of Community Drive; thence along the easterly right -of -way line of Community Drive by the next ten (10) courses; I) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2) southerly along said curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of said curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point; 4) southerly along said curve 34.64 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point of said curve; 5) South 00 degrees 00 minutes 00 seconds East 88.34 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East 455.50 feet from said point; 6) southerly along said curve 24.51 feet to the point of tangency of said curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point of said curve; 7) South 03 degrees 04 minutes 59 seconds East 480.79 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 86 degrees 55 minutes 01 seconds West 544.50 feet from said point; 8) southerly along said curve 29.30 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point of said curve; 9) South 00 degrees 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 seconds West 13.44 feet; thence South 90 degrees 00 minutes 00 seconds West 70.00 feet to the westerly right -of -way line of Community Drive and the POINT OF BEGINNING of this description; thence along the westerly right -of -way line of Community Drive by the next two (2) courses; 1) South 45 degrees 00 minutes 00 seconds East 15.56 feet; 2) South 00 degrees 00 minutes 00 seconds East 19.00 feet; thence South 90 degrees 00 minutes 00 seconds West 634.31 feet; thence South 00 degrees 00 minutes 00 seconds East 671.40 feet; thence North 90 degrees 00 minutes 00 seconds East 299.69 feet; thence North 00 degrees 00 minutes 00 seconds East 18.54 feet; thence South 90 degrees 00 minutes 00 seconds West 12.55 feet; thence North 00 degrees 00 minutes 00 seconds East 100.00 feet; thence North 90 degrees 00 minutes 00 seconds East 100.00 feet; thence South 00 degrees 00 minutes 00 seconds East 100.00 feet; thence South 90 degrees 00 minutes 00 seconds West 53.45 feet; thence South 00 degrees 00 minutes 00 seconds East 18.54 feet; thence North 90 degrees 00 minutes 00 seconds East 300.63 feet to the westerly right -of -way line of Community Drive; thence along the westerly right -of -way line of Community Drive by the next two (2) courses; 1) South 00 degrees 00 minutes 00 seconds East 187.12 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 110.00 feet from said point; 2) southerly along said curve 83.21 feet to the point of tangency of said curve, said point being South 46 degrees 39 minutes 30 seconds East 110.00 feet from the radius point of said curve; thence North 00 degrees 00 minutes 00 seconds East 212.39 feet; thence South 90 degrees 00 minutes 00 seconds West 262.63 feet to the point of curvature of a curve concave northeasterly, the radius point of said curve being North 00 degrees 00 minutes 00 seconds East 39.00 feet from said point; thence northwesterly along said curve 41.68 feet to the point of tangency of said curve, said point being South 61 degrees 13 minutes 40 seconds West 39.00 feet from the radius point of said curve; thence South 90 degrees 00 minutes 00 seconds West 337.50 feet; thence North 00 degrees 00 minutes 00 seconds East 731.40 feet; thence North 90 degrees 00 minutes 00 seconds East 653.31 feet to the place of beginning, containing 1.897 acres, more or less. S:55 115 S 1 \Legal\Exhibit \SANITARY ESMT 2.rtr February 25, 2008 rjc STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS LAND SURVEYORS 7965 East 106th Street, Fishers, IN 46038 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: RJC CHECKED BY: SCALE: 1" 300' DATE: 02/26/2008 JOB NO. 55115S1 PAGE OF 8 SHEETS S:'.551 1 5 511dw9\SAMTARY EASEMENTS.dwg, PAGE 2, 2/2620081254:42 PM, jcoyle SANITARY SEWER EASEMENT EXHIBIT PREPARED FOR: EAST CARMEL, LLC THE LEGACY COMMUNITY DRIVE Curtis C. Huff Registered Land Surveyor No. 80040348 February 18, 2008 0%01111111111 III -c\s c. STE No. 80040348 STATE OF iNDIAtIPs „11 „1 11{1Ny``, SANITARY EASEMENT NUMBER THREE A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27 seconds West along the North line of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West perpendicular to said North line a distance of 94.18 feet to the intersection of the southerly right-of-way line of 146th Street and the easterly right -of -way line of Community Drive; thence along the easterly right -of -way line of Community Drive by the next thirteen (13) courses; 1) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2) southerly along said curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of said curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point; 4) southerly along said curve 34.64 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point of said curve; 5) South 00 degrees 00 minutes 00 seconds East 88.34 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East 455.50 feet from said point; 6) southerly along said curve 24.51 feet to the point of tangency of said curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point of said curve; 7) South 03 degrees 04 minutes 59 seconds East 480.79 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 86 degrees 55 minutes 01 seconds West 544.50 feet from said point; 8) southerly along said curve 29.30 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point of said curve; 9) South 00 degrees 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 seconds West 13.44 feet; 11) South 45 degrees 00 minutes 00 seconds West 13.44 feet; 12) continuing South 45 degrees 00 minutes 00 seconds West 15.56 feet; 13) South 00 degrees 00 minutes 00 seconds East 690.40 feet to the POINT OF BEGINNING of this description; thence North 90 degrees 00 minutes 00 seconds East 20M0 feet; thence South 00 degrees 00 minutes 00 seconds East 30.00 feet; thence South 90 degrees 00 minutes 00 seconds West 20.00 feet to the easterly right -of -way line of Community Drive; thence North 00 degrees 00 minutes 00 seconds East along said easterly right -of -way line 30.00 feet to the place of beginning, containing 0.014 acres, more or less. S:\ 5511551 \Legal\Exlribit\SANITARY ESMT 3.rtf February 25, 2008 rjc STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS LAND SURVEYORS 7965 East 106th Street, Fishers, IN 46038 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: RJC CHECKED BY: SCALE: 1" 300' DATE: 02/26/2008 JOB NO. 55115S1 PAGE OF 8 SHEETS S155115S/ldwg\SANITARY EASEMENTS.dwg, PAGE 3.22620081254A9 PM.jmyle SANITARY SEWER EASEMENT EXHIBIT PREPARED FOR: EAST CARMEL, LLC THE LEGACY COMMUNITY DRIVE Curtis C. Huff Registered Land Surveyor No. 80040348 February 26, 2008 0 ,0 11111111 H! I 1, :'_..G No. 80040348 STATE OF I NDIANA.• 0 O E SANITARY EASEMENT NUMBER FOUR SANITARY SEWER EASEMENT EXHIBIT PREPARED FOR: EAST CARMEL, LLC THE LEGACY COMMUNITY DRIVE A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27 seconds West along the North line of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West perpendicular to said North line a distance of 94.18 feet to the intersection of the southerly right -of -way line of 146th Street and the easterly right -of -way line of Community Drive; thence along the easterly right -of -way line of Community Drive by the next nineteen (19) courses; 1) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2) southerly along said curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of said curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point; 4) southerly along said curve 34.64 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point of said curve; 5) South 00 degrees 00 minutes 00 seconds East 88.34 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East 455.50 feet from said point; 6) southerly along said curve 24.51 feet to the point of tangency of said curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point of said curve; 7) South 03 degrees 04 minutes 59 seconds East 480.79 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 86 degrees 55 minutes 01 seconds West 544.50 feet from said point; 8) southerly along said curve 29.30 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point of said curve; 9) South 00 degrees 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 seconds West 13.44 feet; 11) continuing South 45 degrees 00 minutes 00 seconds West 15.56 feet; 12) South 00 degrees 00 minutes 00 seconds East 864.86 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East 289.00 feet from said point; 13) southerly along said curve 16.57 feet to the point of tangency of said curve, said point being South 86 degrees 42 minutes 56 seconds West 289.00 feet from the radius point of said curve, said point also being the point of curvature of a curve concave northeasterly, the radius point of said curve being North 86 degrees 42 minutes 56 seconds East 144.00 feet from said point; 14) southeasterly along said curve 125.16 feet to the point of tangency of said curve, said point being South 36 degrees 54 minutes 54 seconds West 144.00 feet from the radius point of said curve; 15) South 53 degrees 05 minutes 05 seconds East 54.83 feet to the point of curvature of a curve concave northerly, the radius point of said curve being North 36 degrees 54 minutes 55 seconds East 75.00 feet from said point; 16) easterly along said curve 57.06 feet to the point of tangency of said curve, said point being South 06 degrees 40 minutes 44 seconds East 75.00 feet from the radius point of said curve; 17) South 00 degrees 00 minutes 00 seconds East 151.94 feet to a point on a curve concave southerly, the radius point of said curve being South 09 degrees 32 minutes 14 seconds East 1,425.00 feet from said point; 18) westerly along said curve 69.07 feet to the point of tangency of said curve, said point being North 12 degrees 18 minutes 52 seconds West 1,425.00 feet from the radius point of said curve, said point also being the point of curvature of a curve concave southeasterly, the radius point of said curve being South 12 degrees 18 minutes 52 seconds East 110.00 feet from said point; 19) southwesterly along said curve 84.71 feet to the point of tangency of said curve, said point being North 56 degrees 26 minutes 16 seconds West 110.00 feet from the radius point of said curve, said point also being the POINT OF BEGINNING; thence North 90 degrees 00 minutes 00 seconds East 13.69 feet; thence South 00 degrees 00 minutes 00 seconds East 30.00 feet; thence South 90 degrees 00 minutes 00 seconds West 27.62 feet to the easterly right -of -way line of Community Drive and a point on a curve concave southeasterly, the radius point of said curve being South 73 degrees 43 minutes 59 seconds East 110.00 feet from said point; thence northeasterly along said easterly right -of -way line and curve 33.20 feet to the point of tangency of said curve, said point ,,,u 111 1u,,,, being North 56 degrees 26 minutes 16 seconds West 110.00 feet from the radius point of said curve to ,,S C. the place of beginning, containing 0.015 acres, more or less. :UJ '1sTE' y No. 80040348 STATE OF "'',;o %``s 11,11 I,I,{oo S: \5511551 \Legal \Exhibit \SANITARY ESMT 4.rif February 26, 2008 rjc S:155115511tlwglSANITARY EASEMENrS.dwg, PAGE 4, 2262008 12$6:57 PM, 'CPA. Curtis C. Huff Registered Land Surveyor No. 80040348 February 26, 2008 STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS LAND SURVEYORS 7965 East 106th Street, Fishers, IN 46038 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: RJC CHECKED BY: SCALE: 1" 300' DATE: 02/26/2008 JOB NO. 55115S1 PAGE 4 OF 8 SHEETS SANITARY SEWER EASEMENT EXHIBIT PREPARED FOR: EAST CARMEL, LLC THE LEGACY COMMUNITY DRIVE SANITARY EASEMENT NUMBER FIVE A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27 seconds West along the North line of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West perpendicular to said North line a distance of 94.18 feet to the intersection of the southerly right -of -way line of 146th Street and the easterly right -of -way line of Community Drive; thence along the easterly right -of -way line of Community Drive by the next nineteen (19) courses; 1) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2) southerly along said curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of said curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point; 4) southerly along said curve 34.64 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point of said curve; 5) South 00 degrees 00 minutes 00 seconds East 88.34 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East 455.50 feet from said point; 6) southerly along said curve 24.51 feet to the point of tangency of said curve, said point being South 86 degrees 55 minutes 01 seconds West 455.50 feet from the radius point of said curve; 7) South 03 degrees 04 minutes 59 seconds East 480.79 feet to the point of curvature of a curve concave westerly, the radius point of said curve being South 86 degrees 55 minutes 01 seconds West 544.50 feet from said point; 8) southerly along said curve 29.30 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point of said curve; 9) South 00 degrees 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 seconds West 13.44 feet; 11) continuing South 45 degrees 00 minutes 00 seconds West 15.56 feet; 12) South 00 degrees 00 minutes 00 seconds East 864.86 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East 289.00 feet from said point; 13) southerly along said curve 16.57 feet to the point of tangency of said curve, said point being South 86 degrees 42 minutes 56 seconds West 289.00 feet from the radius point of said curve, said point also being the point of curvature of a curve concave northeasterly, the radius point of said curve being North 86 degrees 42 minutes 56 seconds East 144.00 feet from said point; 14) southeasterly along said curve 125.16 feet to the point of tangency of said curve, said point being South 36 degrees 54 minutes 54 seconds West 144.00 feet from the radius point of said curve; 15) South 53 degrees 05 minutes 05 seconds East 54.83 feet to the point of curvature of a curve concave northerly, the radius point of said curve being North 36 degrees 54 minutes 55 seconds East 75.00 feet from said point; 16) easterly along said curve 57.06 feet to the point of tangency of said curve, said point being South 06 degrees 40 minutes 44 seconds East 75.00 feet from the radius point of said curve; 17) South 00 degrees 00 minutes 00 seconds East 151.94 feet to a point on a curve concave southerly, the radius point of said curve being South 09 degrees 32 minutes 14 seconds East 1,425.00 feet from said point; 18) westerly along said curve 69.07 feet to the point of tangency of said curve, said point being North 12 degrees 18 minutes 52 seconds West 1,425.00 feet from the radius point of said curve, said point also being the point of curvature of a curve concave southeasterly, the radius point of said curve being South 12 degrees 18 minutes 52 seconds East 110.00 feet from said point; 19) southwesterly along said curve 117.91 feet to the point of tangency of said curve, said point being North 73 degrees 43 minutes 59 seconds West 110.00 feet from the radius point of said curve; thence South 90 degrees 00 minutes 00 seconds West 57.25 feet to the westerly right -of -way line of Community Drive and the POINT OF BEGINNING of this description; thence continuing South 90 degrees 00 minutes 00 seconds West along 29.53 feet; thence North 01 degrees 19 minutes 31 seconds East 62.19 feet to the westerly right -of -way line of Community Drive and a point on a curve concave southwesterly, the radius point of said curve being South 52 degrees 32 minutes 17 seconds West 150.00 feet from said point; thence southeasterly along said westerly right-of-way line and curve 68.83 feet to the point of tangency of said curve, 1S C, said point being North 78 degrees 49 minutes 48 seconds East 150.00 feet from the radius point C 'G \STEpF of said curve to the place of beginning, containing 0.025 acres, more or less. P No. 80040348 STATE OF %N DIANPyoQ; Slr, Rv /1,,,,it S: \5511551 \Legal \EXhlbit \SANITARY ESMT 5.rtf February 26, 2008 rjc 0:155115S11dwgISANITARY EASEMENTS.dwg, PAGE 5, 226200812'5 PM, Jcoyle Curtis C. Huff Registered Land Surveyor No. 80040348 February 26, 2008 STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS LAND SURVEYORS 7965 East 106th Street, Fishers, IN 46038 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: RJC CHECKED BY: SCALE: 1" 300' DATE: 02/25/2008 JOB NO. 55115S1 PAGE OF 8 SHEETS N.W. COR., N.W. 1/4, A SEC. 23, T.18N., R.4E. VA L -19 L -20 L -31 L -30 L -31 NC -6 GRAPHIC SCALE 150 N N -J DETAIL: ESMT 2 SCALE: 1"=100' AW4 'J) !iii V-30 J J 300 L -23 IN FEET 1 inch 300 ft. SANITARY SEWER EASEMENT EXHIBIT PREPARED FOR: EAST CARMEL, LLC THE LEGACY COMMUNITY DRIVE N. LINE, N.W. 1/4, SEC. 23, T.18N., R.4E. N89'03 'W 2682.80' 146TH STREET i Iw Is z} 13 a 1 fl <i C -2 L -27 i 0 i C-3 I 1zl 'I 1 F 1�4 1 N SEE DETAIL ESMT 2 L-19 L �27 -38 L -19 600 L -33 L -17 NOTE: THIS DRAWING IS NOT INTENDED TO BE C -1 0 REPRESENTED AS A RETRACEMENT ESMT 3 y OR ORIGINAL BOUNDARY SURVEY, A ROUTE J C -11 SURVEY OR A SURVEYOR LOCATION REPORT. S:\ 55115S1'dwg1SANITARY EASEMENTS.dwg. PAGE 6. 2/26/2006 12,5519 PM, jmyle SEE DETAIL `S J ESMT 1 T 71 1 6 1 P.O.B. ESMT 3 L -35 L -36 L -37 'L -28 N C -7 C -9 I CH£RR Y ARD 22 SEE DETAIL' L -1 DETAIL: SCALE: Curtis C. Huff Registered Land Surveyor No. 80040348 February 18, 2008 J L -46 P.D.B. ESMT 5 N.E. COR., N.W. 1/4. n SEC. 23, T.18N., R.4E. 0 ,`111 111111 f,,, V .•P� G,1STE/ O .tom No 80040348 7. STATE OF O SURV ff f 11111 P.O.B. ESMT 4 L -44 DETAIL: ESMT 3 SCALE: 1"=100' STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS LAND SURVEYORS 7965 East 106th Street, Fishers, IN 46038 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: RJC CHECKED BY: SCALE: 1” 300' DATE: 02/26/2008 JOB NO. 55115S1 PAGE 6 OF 8 SHEETS LINE TABLE LINE BEARING LENGTH L -1 N89'03'27 "W 624.85' L 2 S00'56'33 "W 94.18' L 3 500'00'00 "E 220.22' L -4 SO4'21'27 "W 242.38' L -5 S00'00'00 "W 88.34' L -6 503'04'59 "E 480.79' L -7 S00'00'00 "E 13.14' L -8 545'00'00 "W 13,44' L -9 N90•00'00 "E 72.73' L -10 S00'00'00 "W 30.00' L -11 N90•00'OO "W 83.73' L -1 2 N00'00'00 "E 19.00' L -13 N45'00'00 "E 15.56' L -14 S90•00'00 "W 70.00' L -15 S45•00'00 "E 15.56' L -16 S00'00'00 "E 19.00' L -17 N90'00'00 "W 634.31' L -18 S00'00'00 "E 671.40' L -19 590•00'00 "E 299.69' L -20 N00'00'00 "E 18.54' L -21 N90•00'00 "W 12.55' L -22 N00•00'00 "E 100.00' L 23 N90'00'00 "E 100.00' L 24 S00'00'00 "E 100.00' L -25 N90'00'00 "W 53.45' L -26 500'00'00 "E 18.54' L -27 N90 "00'00 "E 300.63' L 28 SOOT/0'00"W 187.12' L -29 N00'00'00 "E 212.39' L -30 590•00'00 "W 262.63' L -31 N90'00'00 "W 337.50' L -32 N00'00'00 "E 731.40' L -33 N90'00'00 "E 653.31' L -34 500'00'00 "E 690.40' L -35 N90'00'00 "E 20.00' L -36 S00•00'00 "E 30.00' L -37 N90'00'00 "W 20.00' L 38 N00'00'00 "E 30.00' L -39 SOOT/0'00"E 864.86' L -40 S53'05'05 "E 54.83' L -41 S00'00'00 'W 151.94' L -42 S90'00'00 "E 13.69' L -43 S00'00'00 "W 30.00' L -44 N90'00'00 "W 27.62' L -45 N90'00'00 "W 57.25' L -46 N90'00'00 "W 29.53' L -47 N01'19'31 "E 62.19' S:155115S11dwp1SANITARY EASEMENTS.dwp, PAGE 7. 2/26/2005 12:5526 PM, jcoyla SANITARY SEWER EASEMENT EXHIBIT PREPARED FOR: EAST CARMEL, LLC THE LEGACY COMMUNITY DRIVE Curtis C. Huff Registered Land Surveyor a" No. 80040348 \j C) "'C1S C. February 26, 2008 G �tsTEq�� 80040348 STATE OF NOIANA.. yp 1 R 'J No. STOEPPELWERTH ASSOCIATES, INC. CONSUL11NG ENGINEERS LAND SURVEYORS 7965 East 106th Street, Fishers, IN 46038 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: RJC CHECKED BY: SCALE: 1" 300' DATE: 02/26/2008 JOB NO. 55115S1 PAGE OF 8 SHEETS CURVE TABLE CURVE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH DELTA C -1 544.50' 41.41' 20.72' NO210'44 "E 41.40 4'21'27" 0-2 455.50' 34.64' 17.33' S0210'44 "W 34.63 4'21'27" 0-3 455.50' 24.51' 12.26' S01'32'30 "E 24.51 3'04'59" C -4 544.50' 29.30' 14.65' N01'32'30 "W 29.30 3'04'59" C -5 110.00' 83.21' 43.71' N21'40'15 "E 81.24 43'20'30" C -6 39.00' 41.68' 23.08' S59'23'10 "E 39.72 6113'40" C -7 289.00' 16.57' 8.29' S01'38'32 "E 16.56 3'17'04" C 8 144.00' 125.16' 66.84' S2811'05 "E 121.26 49'48'02" C -9 75.00' 57.06' 29.99' S74'52'55 "E 55.70 43'35'39" C -10 1425.00' 69.07' 34.54' 579'04'27 "W 69.07 2'46'38" C -11 110:00' 84.71' 44.58' S55'37'26 "W 82.63 44'07'24" 0-12 110.00' 33.20' 16.73' S24'54'53 "W 33.08 1717'43" 0-13 150.00' 68.83' 35.03' N2418'58 "W 68.23 2617'31" S:155115St dw \SANITARY EASEMENTS.dwg, PAGE 8. 7/16.¢g08 12 55.34 PM. fcoyle SANITARY SEWER EASEMENT EXHIBIT PREPARED FOR: EAST CARMEL, LLC THE LEGACY COMMUNITY DRIVE Curtis C. Huff Registered Land Surveyor No. 80040348 February 26, 2008 11`1 77 l u u I! u rr rrr4 c, c\SC. f ly U O STE,9 No. 800403481 STATE OF ",,,6 SU Rv �y•`‘ rlrl /lll illflll STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS LAND SURVEYORS 7965 East 106th Street, Fishers, IN 46038 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: RJC CHECKED BY: SCALE: 1" 300' DATE: 02/26/2008 JOB NO. 55115S1 PAGE 8 OF 8 SHEETS The person or persons executing this instrument on behalf of Grantors hereby represent that they have the authority to bind Grantor, jointly and individually, to the terms and conditions set forth herein. IN TESTIMONY WHEREOF, Grantor herein has executed this Easement Agreement this 6' da of A V lit sT 2008. East Carmel LLC, an Indiana limited liability company, by Platinum Properties, LLC it's sole ember Steven R. Edwards Vice President Chief Financial Officer Date: o6) C-rN_< 1 t Lt, 031_ CITY 3 Z- CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY es Brainard, Presiding Officer Date: g 0 /re 2 2 4- --41 _1416-- Mary A urke, Member --(36-- -o Date: Lori Watson, ember Date: 4).0/0 ATTEST: Si 1,1'4 ..tkfik ana L. Cordray, IAM y lerk- Treasurer STATE OF b40;444 COUNTY OF /4/1011L, To 4 andra M. Johnso Deputy Clerk for SS: Before me, a Notary Public in and for said County and State, personally appeared Steven R. Edwards, by me known to be the Vice President Chief Financial Officer of Platinum Properties, LLC the sole member of East Carmel LLC, an Indiana limited liability company, who acknowledged his/her execution of the foregoing instrument on behalf of such corporation. Witness my hand and Notarial Seal this 6 day of My Commission Expires: SEAL '.�FOF �NO�: TIMOTHY J. WALTER Hamilton County My Commission Expires November 11, 2015 14-'0 97 2008. NOTA PUBL Printed Name My County of Residence: Date: STATE OF INDIANA COUNTY OF My Commission Expires: �il�vt_ SS: Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, b "me known to be the Members of the Ity of vcLrt�( J h ego'? O-ePu 4/ f Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk- Treasure of the City of Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this Z day of NOTARY PUBLIC I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Douglas C. Haney C 2/ 7/1 i/iS Printed Name My County of Residence: i'�f '�////7 Date: 817,0/01/ Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.