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HomeMy WebLinkAboutKeystone Square Mall Sewer - Wilfong, RalphDECLARATION OF EASEMENT RALPH L. WILFONG and KEYSTONE SQUARE SHOPPING CENTER COMPANY, an Indiana partnership, (hereinafter referred to as "Grantors and THE CITY OF CARMEL, INDIANA (hereinafter called "Grantee hereby enter into the following agreement: 1. Subject Matter of Agreement. Grantors are the owners of the real estate described in Exhibit A. The real estate described in Exhibit A shall hereafter be referred to as the "Easement Property." Grantors, as the owners of the Easement Property, and Grantee desire to create upon the terms and conditions provided herein an easement on, over, through and across the Easement Property for the construction, installation and use of a sanitary sewer. 2. Easement Grant. For and in consideration of the mutual covenants herein set forth and other valuable consideration, the receipt of which is hereby acknowledged, Grantors for themselves and their successors and assigns do hereby grant and convey to the Grantee and its successors and assigns a perpetual non- exclusive right -of -way and easement on, over, across and through the Easement Property with the right, privileges and authority to enter upon, dig, lay, erect, construct, install, reconstruct, renew, operate, maintain, patrol, replace, repair and continue a sewer line, including, but not limited thereto, a Main, Sub -main, Local, Lateral, outfall, force and interceptor sewer as part of the Grantee City's system for the collection, carrying, treatment and disposal of the waste, sewage, garbage, storm water and refuse of the Grantee City. The Grantee and its successors and assigns shall have the right to enter along, over and upon the Easement Property to repair, relocate, service and maintain such sewers and to make such alterations and improvements in the facilities thereof as may be necessary or useful and to remove any obstructions from the sewers located thereon and to build and maintain all necessary intakes, catch basins and other devices incident to such sewers and shall have the right of ingress and egress only over adjoining properties when necessary and without doing damage to such adjoining properties and only for temporary periods and shall not otherwise interfere with the lands adjoining such easement. Grantee shall, at its own cost and expense, repair and maintain the sewers contained on the Easement Property, which repair and maintenance shall include all work reasonably necessary to keep the sewers reasonably operational and such landscaping and other work as is required to insure that the Easement Property is restored to the extent practical to the condition as it presently exists. 3. Rights of Grantors. This easement grant shall not be deemed to prevent Grantors from using the Easement Property for any other use which does not interfere with the sewer easement granted herein, including, but not limited to, paving over such easement for street, driveway and parking purposes. Further, Grantors as the owners of the property described in Exhibit B attached hereto and made a part hereof and any subsequent owners of Grantors' Property shall have the option to connect or hook -up to the sewers subject to approval by the Carmel Board of Public Words and Safety and subject to all applicable ordinances. 4. Easement Appurtenant. This agreement and the terms and conditions hereof shall be appurtenant to, imposed upon and apply to and run with the Easement Property which will be binding upon and inure to the benefit of Grantors and Grantee and their respective successors and assigns. 5. Covenant. Grantors hereby covenant that they are the owners in fee simple of the Easement Property and that they have all power and authority necessary and proper to grant and convey the easement granted herein. IN WITNESS WHEREOF, Grantors have caused this Declaration of Easement to be executed this WO day of GRANTORS: STATE OF INDIANA SS: COUNTY OF HAMILTON KEYSTONE SQUARE SHOPPING CENTER COMPANY By Ralp /L. Wilfong Before me, a Notary Public in and for said County and State, personally appeared Ralph L. Wilfong, and Ralph L. Wilfong as General Partner of Keystone Square Shopping Center Company, who acknowledged the execution of the foregoing Declaration of Easement, and who, having been duly sworn, stated that any facts 194L and representations contained therein are true and correct to the best of their knowledge, information and belief. n WITNESS my hand and Seal, this o? day of G�nk 19 My_ Commission Expires: R!lLPN L..1 ,f'0:!G tt NOTARY MK STATE OF I D AM MX COt4NISSI04 EXP FEB.15.1992 ATTEST: //7 /Clerk- Treasurer 5'7ze-0 r y Public •:tPtaL.. V DTARY PL'BL1C ST4TE OF IUDIAOQA HAM LM COLMITY MY COMMISSION EXP. FEB.15.1992 My County of,Residence: PALPH l !z e. I.1= {i NOTARY P EIM STAS C CP MOM HAr rnftEi ctJ !r I Y MY CO1T'iISSION EXP. FEB.15.1992 Printed: ACCEPTANCE The undersigned, being the members of the Carmel Board of Public Works and Safety, hereby accept the foregoing Declaration of Easement and agree to be bound thereby. GRANTEE: CARMEL BOARD OF PUBLIC WORKS AND SAFETY By By B -4- STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared and by me known to be the members of the Carmel Board of Public Works and Safety, who acknowledged the execution of the foregoing Acceptance on behalf of said Board. WITNESS my hand and Seal, this day of 19 My Commission Expires: STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared by me known to be the Clerk- Treasurer of Hamilton County, who acknowledged the execution of the foregoing Acceptance on behalf of the Board of Commissioners. WITNESS my hand and Seal, this day of 19 My, Commission Expires: Notary Public Printed: My County of Residence: Notary Public Printed: My County of Residence: EP/ 113 I r '/1 pa LEGAL DESCRIPTIONS FOR SANITARY SEWER EASEMENTS ACROSS REAL ESTATE OWNED BY KEYSTONE SQUARE SHOPPING CENTER COMPANY EASEMENT "A Part of the South Half of Section 31, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 31, Township 18 North, Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said Southwest Quarter 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 584.72 feet to a point 12.50 feet South of an existing sanitary sewer and the PLACE OF BEGINNING of the within described EASEMENT; thence North 00 degrees 09 minutes 45 seconds West 25.00 feet to a point 12.50 feet North of said sanitary sewer; thence South 89 degrees 11 minutes 19 seconds East parallel with and 12.50 feet North of said said sanitary sewer 129.46 feet; thence North 88 degrees 56 minutes 13 seconds East parallel with and 12.50 feet North of said sanitary sewer 375.71 feet; thence South 89 degrees 55 minutes 10 seconds East parallel with and 12.50 feet North of said sanitary sewer 338.87 feet to a point 12.50 feet West of an existing sanitary sewer; thence North 00 degrees 35 minutes 33 seconds West parallel with and 12.50 feet West of said sanitary sewer 467.50 feet to a point which is 12.50 feet North of the Westerly prolongation of an existing sanitary sewer; thence South 88 degrees 51 minutes 08 seconds East parallel with and 12.50 feet North of said sanitary sewer 99.57 feet to a point on the East line of real estate conveyed to Keystone Square Shopping Center Company by a Warranty Deed recorded in Deed Record 316, pages 17 and 18 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 09 minutes 45 seconds East on the East line of said real estate 25.01 feet to a point which is 186.20 feet North 00 degrees 09 minutes 45 seconds West of the Southeast corner of said real estate; thence North 88 degrees 51 minutes 08 seconds West parallel with and 12.50 feet South of said sanitary sewer 74.37 feet to a point which is 12.50 feet East of an existing sanitary sewer; thence South 00 degrees 35 minutes 33 seconds East parallel with and 12.50 feet East of said sanitary sewer 440.55 feet to a point which is 12.50 feet North of an existing sanitary sewer; thence North 83 degrees 36 minutes 19 seconds East parallel with and 12.50 feet North of said sanitary sewer and the Easterly prolongation thereof 27.42 feet to a point on a line which is 12.50 feet Northeasterly of and measured perpendicular with the Northwesterly prolongation of an existing sanitary sewer; thence South 06 degrees 23 minutes 41 seconds East on said line, parallel with and 12.50 feet Northeasterly of said. sanitary sewer 15.44 feet to the North line of real estate conveyed to Circle Financial Corp. per Warranty Deed recorded in Deed Record 302, pages 380 and 381 in said Recorder's Office; thence South 89 degrees 50.minutes 15 seconds West on the North line of said real estate 17.88 feet to the East line of real estate conveyed to Keystone Square Shopping Center Company, per Special Warranty Deed recorded in Deed Record 248, pages 202 and 203 in said Recorder's Office; thence South 00 degrees 09 minutes 45 seconds East on the East line of said real estate 170.81 feet to a point which is 12.50 feet South of an existing sanitary sewer; thence South 88 degrees 06 minutes 24 seconds West parallel with and 12.50 feet South of said sanitary sewer 6.31 feet to a point on a line which is 12.50 feet West of and measured perpendicular with the Southerly prolongation of a sanitary sewer; thence North 00 degrees 30 minutes 48 seconds West on said line, parallel with and 12.50 feet West of said sanitary sewer 158.64 feet to a point which is 12.50 feet Southeasterly of and measured perpendicular with an existing sanitary sewer; thence South 83 degrees 36 minutes 19 seconds West parallel with and 12.50 feet Southeasterly of said sanitary sewer 15.60 feet; thence North 89 degrees 55 minutes 10 seconds West parallel with and 12.50 feet South of said sanitary sewer 339.50 feet to a point which is 12.50 feet East of an existing sanitary sewer; thence South 00 degrees 21 minutes 17 seconds East parallel with and 12.50 feet East of said sanitary sewer 323.12 feet P eC�lir[� /Z-,;,. /,J /LrcAj /lf y�T��.IE c v,74.�' E E.415EA I f= 17 5 U I WEIHE ENGINEERS INC. 10505 N. COLLEGE AVENUE INDIANAPOLIS INDIANA 46280 ALLAN H. WEIHE, P.E., L.S. PRESIDENT (3171 846.6611 CIVIL ENGINEERS LAND SURVEYORS LAND PLANNERS 1/ sc, 41 0 T 0 A p 2- LEGAL DESCRIPTIONS FOR SANITARY SEWER EASEMENTS ACROSS REAL ESTATE OWNED BY KEYSTONE SQUARE SHOPPING CENTER COMPANY (continued) to a point which is 12.50 feet North of an existing sanitary sewer; thence North 88 degrees 35 minutes 49 seconds East parallel with and 12.50 feet North of said sanitary sewer and the Easterly prolongation thereof 150.04 feet to a point on a line which is perpendicular with said sanitary sewer and 12.50 feet East of the center of an existing man hole lid on said sanitary sewer line; thence South 01 degree 24 minutes 11 seconds East on said line 25.00 feet; thence South 88 degrees 35 minutes 49 seconds West parallel with and 12.50 feet South of said sanitary sewer 162.94 feet; thence North 89 degrees 52 minutes 49 seconds West parallel with and 12.50 feet South of said sanitary sewer and the Westerly prolongation thereof 334.00 feet to a point on a line which is perpendicular with said sanitary sewer and 12.50 feet West of the center of an existing man hole lid on said sanitary sewer line; thence North 00 degrees 07 minutes 11 seconds East on said line 25.00 feet; thence South 89 degrees 52 minutes 49 seconds East parallel with and 12.50 feet North of said sanitary sewer 321.23 feet to a point 12.50 feet West of an existing sanitary sewer; thence North 00 degrees 21 minutes 17 seconds West parallel with and 12.50 feet West of said sanitary sewer 323.19 feet to a point which is 12.50 feet South of an existing sanitary sewer; thence South 88 degrees 56 minutes 13 seconds West parallel with and 12.50 feet South of said sanitary sewer 363.34 feet; thence North 89 degrees 11 minutes 19 seconds West parallel with and 12.50 feet South of said sanitary sewer 129.44 feet to the PLACE OF BEGINNING. Subject to all legal easements and rights -of -way. EASEMENT "B Part of the South Half of Section 31, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 31, Township 18 North, Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said Southwest Quarter 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 866.00 feet to the Northwest corner of real estate conveyed to Keystone Square Shopping Center Company, per Special Warranty Deed recorded in Deed Record 248, pages 202 and 203 in the Office of the Recorder of. Hamilton County, Indiana; thence North 89 degrees 50 minutes 15 seconds East on the North line of said real estate 258.43 feet to the Southwest corner of real estate conveyed to Keystone Square Shopping Center Company, per Warranty Deed recorded in Deed Record 316, pages 17 and 18 in said Recorder's Office; thence North 00 degrees 09 minutes 45 seconds West on said the West line of said real estate 299.72 feet to a corner in the boundary of said real estate; thence South 89 degrees 50 minutes 15 seconds West on a South line of said real estate 123.16 feet to a point 12.50 feet East of an existing sanitary sewer and the PLACE OF BEGINNING of the within described EASEMENT; thence continuing South 89 degrees 50 minutes 15 seconds West on the South line of said real estate 11.91 feet to a point on the East line of real estate conveyed to the United States Postal Service, per Warranty Deed recorded as Instrument #8729055 in said Recorder's Office, being also the West line of the grantor's real estate as described in Deed Record 316, on pages 17 and 18; thence North 00 degrees 09 minutes 45 seconds West on the West line of said real estate 312.00 feet to the Northwest corner of said real estate; thence North 89 degrees•50 minutes 15 seconds East on the North line of said real estate 4.77 feet to a point which is 12.50 feet East of the aforesaid said sanitary sewer; thence South 01 degrees 28 minutes 20 seconds East parallel with and 12.50 feet East of said sanitary sewer 312.08 feet to the PLACE OF BEGINNING. Dated: August 9, 1990 P rr. k Y5 iv,t/E 667 L/A C cc" �J l 71- l5 75 L11 WEIHE ENGINEERS INC. I 10 5 05 N. COLLEGE AVEN ALLAN H. WEIHE, P.E., L.B. INDI ANAPOLIS, INDIANA 4 628 PRESIDENT 1317) 846 -6611 CIVIL ENGINEERS i Aun co mvcvnac r rl Ex IT /9 ptic 3 LEGAL DESCRIPTIONS FOR SANITARY SEWER EASEMENTS ACROSS REAL ESTATE OWNED BY RALPH L. WILFONG ADJOINING KEYSTONE SQUARE SHOPPING CENTER EASEMENT "C Part of the South Half of Section 31, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as. follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 31, Township 1$ North, Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said Southwest Quarter 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 480.00 feet to the Southeast corner of real estate conveyed to First Federal Savings and Loan Association of Indianapolis by a Warranty Deed recorded in Deed Record 268, page 228 in the Office of the Recorder of Hamilton County, Indiana; thence North 61 degrees 40 minutes 00 seconds West on the Southwesterly line of said real estate 326.97 feet to the Northwest corner of said real estate and the PLACE_ OF BEGINNING of the within described EASEMENT; thence continuing North 61 degrees 40 minutes 00 seconds West on the Southwesterly line of the grantor's real estate as described in a Special Warranty Deed recorded in Deed Record 257, pages 157 through 159 in said Recorder's Office, a distance of 469.53 feet to the Southwest corner of said real estate; thence North 00 degrees 09 minutes 45.seconds West on the West line of said real estate 19.89 feet to a point which is 12.50 feet Northeast of and measured perpendicular with an existing sanitary sewer; thence South 61 degrees 53 minutes 24 seconds East parallel with and 12.50 feet Northeast of said sanitary sewer a distance of 288.78 feet; thence South 6.2 degrees 03 minutes 55 seconds East parallel with and 12.50 feet Northeast of said sanitary sewer a distance of 227.43 feet to the South line of said grantor's real estate, being also on the North line of the aforesaid real estate conveyed to First Federal Savings and Loan Association of Indianapolis; thence South 89 degrees 50 minutes 15 seconds West on said North line 42.31 feet to the PLACE OF BEGINNING. Subject to all legal easements and rights -of -way. EASEMENT "D Part of the South Half of Section 31, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 31, Township 18 North, Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said Southwest Quarter 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 594.00 feet to the Northeasterly corner of real estate conveyed to First Federal Savings and Loan Association of Indianapolis by a Warranty Deed recorded in Deed Record 268, page 228 in the Office of the Recorder of Hamilton County, Indiana, being the PLACE OF BEGINNING of the within described EASEMENT; thence North 00 degrees 09 minutes 45 seconds West on an Easterly line of the grantor's real estate as described in a Special Warranty Deed recorded in Deed Record 257, pages 157 through 159 in said Recorder's Office, a distance of 15.73 feet to a point which is 12.50 feet North of and measured perpendicular with existing sanitary sewer; thence North 89 degrees 11 minutes 19 seconds West parallel with and 12.50 feet North of said sanitary sewer 14.38 feet to the Northeasterly line of said real estate conveyed to First Federal Savings and Loan of Indianapolis; thence South 42 degrees 09 minutes 00 seconds East on said Northeasterly line 21.49 feet to the PLACE OF BEGINNING. ,E L= 7<__),`/L= JC�C 'F E;ISEA r- WEIHE ENGINEERS INC. 10505 N. COLLEGE AVENUE INDIANAPOLIS, INDIANA 46280 MO 1317) 846 -6611 CIVIL ENGINEERS LAND SURVEYORS ALLAN H. WEIHE. P.E.. L.S. PRESIDENT LAND PLANNERS r rr Lib (3 ►r /1 roe LEGAL DESCRIPTIONS FOR SANITARY SEWER EASEMENTS ACROSS REAL ESTATE OWNED BY RALPH L. WILFONG ADJOINING KEYSTONE SQUARE SHOPPING CENTER (continued) EASEMENT "E Part of the South Half of Section 31, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 31, Township 18 North, Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said Southwest Quarter 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 594.00 feet to a Northeasterly corner of real estate conveyed to First Federal Savings and Loan Association of Indianapolis by a Warranty Deed recorded in Deed Record 268, page 228 in the Office of the Recorder of Hamilton County, Indiana; thence North 42 degrees 09 minutes 00 seconds West on the Northeasterly line of said real estate 56.50 feet to the Northeast corner of said real estate; thence South 89 degrees 50 minutes 15 seconds West on the Northerly line of said real estate 152.60 feet to a point which is 12.50. feet East of an existing sanitary sewer and the PLACE OF BEGINNING of the within described EASEMENT; thence North 04 degrees 02 minutes 21 seconds East parallel with and 12.50 feet East of said sanitary sewer 48.53 feet to a point which is 12.50 feet South of an existing sanitary sewer; thence North 89 degrees 48 minutes 25 seconds East parallel with and 12.50 feet South of said sanitary sewer 164.88 feet to a point on a line which is parallel with and 12.50 feet Southeasterly of and measured perpendicular with the Southwesterly prolongation on an existing sanitary sewer; thence North 04 degrees 04 minutes 17 seconds East on said line, parallel with and 12.50 feet Southeasterly of said sanitary sewer 264.02 feet to a point which is 12.50 feet South of an existing sanitary sewer; thence North 8.9 degrees 38 minutes 34 seconds East parallel with and 12.50 feet South of said sanitary sewer 55.30 feet to a point on a line which is parallel with and 12.50 feet Southeasterly of and measured perpendicular with the Southwesterly prolongation of an existing sanitary sewer; thence North 35 degrees 40 minutes 24 seconds East on said line, parallel with and 12.50 feet Southeast of said sanitary sewer 144.61 feet to a point which is 12.50 feet East of the Southerly prolongation of an existing sanitary sewer; thence North 01 degree 25 minutes 11 seconds West parallel with and 12.50 feet East of said sanitary sewer 71.20 feet; thence North 01 degree 28 minutes 20 seconds West parallel with and 12.50 feet East of said sanitary sewer 29.34 feet to a point on the North line of the grantor's real estate, being also on the boundary line of real estate conveyed to Keystone Square Shopping Center Company, per Warranty Deed recorded in Deed Record 316, pages 17 and 18 in said Recorder's Office; thence South 89 degrees 50 minutes 15 seconds West on said line 11.91 feet to the Easterly line of real estate conveyed to the United States Postal Service, per Warranty Deed recorded as Instrument #8729055 in said Recorder's Office, said point being also the point of curvature of a curve which is non tangent with the last described line, the radius point of which lies South 89 degrees 50 minutes 15 seconds West 149.50 feet from said point of curvature; thence Southwesterly, curving to the right on said curve and on the Easterly line of said real estate conveyed to the United States Postal Service, an arc distance of 59.79 feet to a point which is 12.50 feet Westerly of and measured perpendicular with said sanitary sewer; thence South 01 degree 25 minutes 11 seconds East parallel with and 12.50 feet West of said sanitary sewer 34.49 feet to a point which is 12.50 feet Northwesterly of and measured perpendicular with an existing sanitary sewer; thence South 35 degrees 40 minutes 24 seconds West parallel with and 12.50 feet Northwest of said sanitary sewer 123.49 feet to a EN" EA/71 WEIHE ENGINEERS INC. 10505 N. COLLEGE AVENUE INDIANAPOLIS, INDIANA 46280 H. WEIHE. P.E.. L.8. B0 PRESIDENT (317)846-6611 CIVIL ENGINEERS LAND SURVEYORS LAND PLANNERS LEGAL DESCRIPTIONS FOR SANITARY SEWER EASEMENTS ACROSS REAL ESTATE OWNED BY RALPH L. WILFONG ADJOINING KEYSTONE SQUARE SIIOPPING CENTER (continued). point which is 12.50 feet North of an existing sanitary sewer; thence South 89 degrees 38 minutes 34 seconds West parallel with and 12.50 feet North of said sanitary sewer 65.71 feet to a point on a line which is 12.50 feet Northwesterly and measured perpendicular with the Northeasterly prolongation of an existing sanitary sewer; thence South 04 degrees 04 minutes 17 seconds West on said line, parallel with and 12.50 feet Northwesterly of said sanitary sewer 263.96 feet to a point which is 12.50 feet North of an existing sanitary sewer; thence South 89 degrees 48 minutes 25 seconds West parallel with and 12.50 feet North of said sanitary sewer 164.89 feet to a point on a line which is 12.50 feet West of the Northerly prolongation of an existing sanitary sewer; thence South 04 degrees 02 minutes 21 seconds West on said line, parallel with and 12.50 feet West of said sanitary sewer 73.58 feet to the North line of the aforesaid, real estate conveyed to First Federal Savings and Loan Association of Indianapolis; thence North 89 degrees 50 minutes 15 seconds East on said North line 25.07 feet to the PLACE OF BEGINNING. EASEMENT "F Part of the South Half of Section 31, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 31, Township 18 North, Range 4 East; thence North 89 degrees 50 minutes 15 seconds East (assumed hearing) on the South line of said Southwest Quarter 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 866.00 feet to the Northwest corner of real estate conveyed Keystone Square Shopping Center Company, per Special Warranty Deed recorded in Deed Record 248, pages 202 and 203 in the Office of the Recorder of Hamilton County, Indiana; thence North 89 degrees 50 minutes 15 seconds East on the North line of said real estate and the prolongation thereof, being the South line of real estate conveyed to Keystone Square Shopping Center Company, per Warranty Deed recorded in Deed Record•316, pages 17 and 18 in said Recorder's Office 940.00 feet• to the West line of real estate conveyed to MCL, INC. per Warranty Deed recorded in Deed Record 300, pages 213 and 214 in said Recorder's Office, being also the East line of the real estate conveyed to Keystone Square Shopping Center Company, per the aforesaid Warranty Deed recorded in Deed Record 316; thence North 00 degrees 09 minutes 45 seconds West on said East line 186.20 feet to a point 12.50 feet South of an existing sanitary sewer and the PLACE OF BEGINNING of the within described EASEMENT; thence South 88 degrees 51 minutes 08 seconds East parallel with and 12.50 feet South of said sanitary sewer 152.53 feet to the Westerly Right -of -Way Line of Keystone Way as dedicated to the City of Carmel, Indiana; thence North 34 degrees 00 minutes 28 seconds West on said Right -of -Way line 30.58 feet to a point 12.50 feet North of said sanitary sewer; thence North 88 degrees 51 minutes 08 seconds West parallel with and 12.50 feet North of said sanitary sewer 135.49 feet to the East line of the aforesaid Keystone Square Shopping Center 'Company real estate described in Deed Record 316 on pages 17 and 18, being also the West line of the grantor's real estate; thence South 00 degrees 09 minutes 45 seconds East on said line 25.01 feet to the PLACE OF BEGINNING. Dated: August 9, 1990 Revised: October 8, 1990 WEIHE ENGINEERS INC. 10505 N. COLLEGE AVENUE ALLAN H. WEIHE. P.E„ L.8. INDIANAPOLIS, INDIANA 46280 PRESIDENT 1317) 846 -6611 CIVIL ENGINEERS LAND SURVEYORS LAND PLANNERS