HomeMy WebLinkAboutCarmel Drive - Streetscape- Asset Conservation Enterprises GRANT OF EASEMENTS
This Grant of Easements (collectively, the "Agreement is entered into by and between
G7 a2 i 1 'the "Grantor and the City of Carmel, Indiana, by and
through its Board of Public Works and Safety "Grantee for public right -of -way and related purposes, as
follows:
1. Grantor is the fee simple owner of the real property commonly known as
L and more particularly described in Exhibit A, attached hereto
and incorporated herein (the "Premises
2. Grantee intends to undertake and construct the following improvements (the "Improvements on
the Premises:
Streetscape improvements, which include but are not limited to, sidewalks, brick
crosswalks, brick gateway columns, decorative street lights, upgraded or improved
signalized intersections with mast arms (at AAA Way and Rangeline Road),
landscaping, improved storm sewer structures and pavement resurfacing
as part of Grantee's Carmel Drive Streetscape Renovation Project (the "Project
3. Grantee shall construct and install the Improvements in a good and workmanlike manner.
4. For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor grants to Grantee a perpetual landscape and drainage
easement (the "Easement across, under, over and upon that real property adjacent to the
Premises, as more particularly described in Exhibit B attached hereto and incorporated herein (the
"Easement Property in order to plant, construct, reconstruct, repair, operate, maintain, replace,
relocate and /or use landscaping and drainage appurtenances for and as part of the Project.
5. The Easement is granted subject to all easements, agreements, restrictions and rights -of -way of
record and is not subject to the Indiana Corporate Gross Income Tax.
6. For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor also grants to Grantee a temporary construction easement
(the "Construction Easement across, under, over and upon that real property adjacent to the
Premises, as more particularly described in Exhibit C attached hereto and incorporated herein (the
"Construction Easement Property in order for Grantee to construct and install the Improvements
on the Premises and to complete the Project.
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7. Grantee shall use commercially reasonable efforts to not damage the Construction Easement
Property, except for normal and reasonable construction disturbance associated with the removal,
re- grading and installation of the Improvements. Grantee shall, in accordance with and subject to
the Project's construction plans and schedule, return the Construction Easement Property to
substantially the same condition that existed prior to the grant of the Construction Easement.
8. Grantee shall indemnify and hold Grantor harmless from and against any cost, damage, expense,
claim, suit or other liability, including, but not limited to, reasonable attorney fees, due to bodily
injury or property damage resulting from the acts of Grantee, its employees, agents or contractors,
while on the Construction Easement Property.
9. The Construction Easement shall terminate upon completion of the Project.
10. This Agreement, upon execution by both Grantor and Grantee, is and shall remain binding upon
Grantor and Grantee and their respective officers, officials, agents, partners, successors, assigns and
legal representatives in all respects as to all covenants, agreements and obligations contained herein.
IN WITNESS WHEREOF, the parties have executed and deliver this instrument and same shall become
effective on the day and year last written below.
GRANTOR
P rinted Name(s)
jCC'7Z7A'e c-/Pass J '7
Address
/A 0 %/Pic) //y 4 /6..2 y o
City, State, Zip
By:
Authorized Signature
Printed Name and Title
Address
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City, State, Zip
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STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, allotary Public in and for said County and State, personally appeared
C, S q L e'N FI ER K E "Grantor who acknowledged the execution
of the foregoing "Grant Of Easements" as his/her /their voluntary act and deed.
Witness my hand and Notarial Seal this S1J) day of O ,Cfo b z r 2000.
,4ia_ a 7;(7.
NOTARY PUBLIC
f=R '-a /4. LLvru1r L Lt
My Commission Expires: Printed Name Al /6 -1 9 "v 1 My County of Residence: r' I f L 1 leN
Approved and Adopted this a day of 2000.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
,:Pi �i'-�
BY:
Jame rainard, Presiding Officer
a /0 /cP 00
Mary Burke, Member
Date; /0 ;OD
M.1 alp
Billy \alker, Member
Date: //I—'>
ATTEST:
6 46..z.z.:(._ i 1
Tana Cordray, IMCA, CI; T.4asurer
if
Date: /0 /S' '07)
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1 THE 3020 North Post Road
Engineering
Indianapolis, Indiana Surveying
SCHNEIDER 98228 -8518 Landscape Architecture
317 —Bfl8 -8282. GIS LIS
CORPORATION C 317- 899 -8010 FAX Geology
317- 895 -2803 RESIDENTIAL
T SURVEYING FAX
SURVEYOR'S REPORT
In accordance with Title 865 Article 1. Chapter 12 of the Indiana Administrative Code
"Rule 12 the following observations and opinions are submitted regarding the various
'uncertainties in the locations of the lines and corners established on this route survey as a'
result of variances in reference monuments and inconsistencies in lines of occupation.
This survey was performed to create Landscape easements along Carmel Drive from
Rangeline Road to Keystone Avenue. The basis of bearings used is from the record
.descriptions of the tracts along Carmel Drive all of which are on the same system.
The coordinate values for all Survey Control Line monuments shown hereon were
established initially by Woolpert Consultants on the Indiana State Plane Coordinate System.
These coordinates were converted by The Schneider Corporation to a local coordinate system
with a basis of bearings based on the record descriptions as noted above. Coordinate values
of and distances between control points shown hereon are to the nearest 0.01 feet, not
to indicate the precision of the fieldwork, but to allow for mathematical closure.
Survey Control Line monuments are referenced hereon by circled numerals that
correspond to the monument numbers in this report. Monument 24428 Is a 5/8 inch rebar
found with yellow cap marked "Schneider Engr. Corp." 0.2 feet above grade on the south side
of Carmel Drive. Monument 1322 is a Mag nail found flush with the surface of the sidewalk
on the north side of Carmel Drive. Monument 1321 is a 5/8 inch rebar found with a red
"Woolpert" cap found 0.1 feet below grade on the south side of Carmel Drive. Monument
1325 is a 5/8 inch rebar found 0.1 feet below grade near the southwest corner of Carmel
Drive and Keystone Way. These four monuments are considered to be original monuments
with no error as related to their use as a part of or references to the survey line.
In addition to the 4 Survey Control Line monuments, various points on the centerline of
Carmel Drive and on the lead —ins to same are shown with horizontal coordinate values of
North and East. These coordinates are directly related to the coordinate values of the
Survey Control Line and coordinate values for the various Permanent and Temporary Right of
Way lines and corners can be calculated therefrom. In accordance with 865 IAC 1 -12, it is
the intent of this Route Survey that the location of all Permanent and Temporary Right of
Way lines and corners shown hereon be controlled by the various Survey Control Line
monuments and their associated coordinate values, bearings and distances shown hereon.
The various physical features shown on the Route Survey were located by Woolpert
Consultants in conjunction with an earlier phase of the Carmel Drive project. As indicated
above,. the survey control for the Woolpert work was recovered, confirmed and converted to a
local datum for use on this Route Survey.
There is evidence from older surveys that the physical monument currently at the
southwest corner of the southwest quarter of Section 31 has moved about 1 foot in a
north south direction during the intervening years. The coordinate value shown hereon for
that corner Is based on the prior location, not on the current monument. As a result of
this movement, it is my opinion that the centerline of Carmel Drive and the prior location of
the southwest corner of the section are best established based on the centerline of Carmel
Drive coordinated and depicted on this Route Survey. This centerline is based on railroad
spikes in the centerline of Carmel Drive (one at the centerline of Keystone Way and one at
the first Point of Curvature west of Keystone Way) which have been in place and utilized to
control the centerline for many years.
SURVEYOR'S STATEMENT
To the best of my knowledge and belief the within plat represents a Route Survey performed
in accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code "Rule
12 under my supervision and completed on February 25, 1999.
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c T�T�T 46226 -6518 Landscape Architecture
u;Va' �JC�I_V 1 il�ER 31 7 -898 -8282 GIS LIS
317 899 -8010 FAX Geology
CORPORATION 317- 895 -2803 RESIDENTIAL
SURVEYING FAX
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PLAN SCALE
32.74'_.
1 30'
N89'55'00 "E 205.00'
w r CARMEL DRIVE W r 11
P.O.B. TEMP. ESMT. PROPOSED TEMPORARY CONSTRUCTION `n
d- o PARCEL 21 o
rn o EASEMENT (CROSS HATCHED) o, o o_—
0 EXISTING 40' 1/2 R.O.W. LINE o\
N89'55'00 "E 205.00'
_177 S89'47'13 i 52.70'
1296V
25.14' 18.48'
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I lJ 1- 16.57'
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In 10 j r 00 PARCEL 21
8.00'
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o 17.12' ASSET CONSERVATION ENTERPRIZES INC. C
z N WARRANTY DEED
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z SURVEY LINE MONU. 1321 R= 1145.92' z
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SURVEY LINE MONU. 24428 Lu
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SW CORNER
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SEC.31- 1 -R4E SEE ROUTE SURVEY CONTROL TIES EXHIBIT
A FOR CENTERLINE AND SURVEY LINE COORDINATES.
0
PARCEL 21
EXHIBIT,"/ TSC #2603.001
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Sheet 4 of.li'
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary
Ann Burke and Billy Walker, by me known to be the Members of the City of Carmel Board of Public Works and
Safety, and Diana L. Cordray, Clerk Treasurer of the City of Carmel, who acknowledged the execution of the
foregoing "Grant Of Easements" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this day of 2000.
NOTARY PUBLIC
My Commission Expires: Printed Name
My County of Residence:
Prepared by Douglas C. Haney, City Attorney, One Civic Square, Carmel, Indiana 46032.
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TI -IE 3020 North Post Road Engineering
11111 Indianapolis, Indiana Surveying
46226 -6518 Landscape Architecture
SCHNEIDER 317- 898 -8282 GIS LIS
317- 899 -8010 FAX Geology
CORPORATION 317.- 895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 21
EXHIBIT A
East Carmel Drive Project Parcel 21
Owner: Asset Conservation Enterprises, Inc.
Warranty Deed Instrument Number 91.32609
Temporary Construction Easement
Land Description
Port of the South Half of Section 31 Township 18 North, Range 4 East of the Second
Principal Meridion in Hamilton County, Indiana being all that part of the owner's lond
identified os Parcel 21 lying within the area identified and shown as "Proposed
Temporary Construction Easement" on the ottoched Route Survey Plat and being further
described os follows:
Commencing at the southwest corner of the Southwest Quarter of said Section 31;
thence bearing North 01 degrees 04 minu tes 45 seconds West (basis of bearings is
from Instrument Number 9132609, Office of the Hamilton County Recorder) along the
west line thereof a distance of 1752.85 feet to the centerline of Carmel Drive; thence
North 89 degrees 55 minutes 00 seconds East along said centerline a distance of
600.00 feet to the point of curvature of a curve having a radius of 1145.92 feet, the
radius point of which, bears North 00 degrees 05 minutes 00 seconds West thence
easterly along said curve and along said centerline on arc distance of 400.00 feet to o
point bearing South 20 degrees 05 minutes 00 seconds East from said radius point;
thence North 69 degrees 55 minutes 00 seconds East along said centerline o distance
of 238.51 feet to the to the point of curvature of a curve having c radius of 1145.92
feet, the radius point of which bears South 20 degrees 05 minutes 00 seconds East;
thence easterly olong said curve an arc distance of 400.00 feet to a point bearing
North 00 degrees 05 minutes 00 seconds West from said radius point; thence North
89 degrees 55 minutes 00 seconds East along said centerline a distance of 32.74 feet;
thence South 00 degrees 09 minutes 45 seconds East along the grantor's west line a
distance of 40.00 feet to the south right of way line of Corm el Drive and the Point of
Beginning; thence North 89 degrees 55 minutes 00 seconds East along said south line
o distance of 205.00 feet to the grantor's eost line; thence South 00 degrees 09
minutes 45 seconds East along said east line a distance of 3.44 feet; thence South
89 degrees 47 minutes 13 seconds West a distance of 152.70 feet; thence South 01
degrees 32 minutes 36 seconds East a distance of 1.94 feet; thence South 89 degrees
45 minutes 16 seconds West o distance of 18.48 feet to o point on a curve having a
radius of 25.14 feet, the radius point of which bears South 05 degrees 41 minutes 11
seconds East; thence southwesterly olong said curve on arc distance of 37.12 feet to
a point bearing South 89 degrees 42 minutes 51 seconds West from the radius point;
thence South 00 degrees 17 minutes 09 seconds East o distance of 14.39 feet; thence
North 89 degrees 42 minutes 51 seconds East o distance of 16.57 feet; thence South
00 degrees 01 minutes 14 seconds East o distance of 8.00 feet; thence South 89
degrees 42 minutes 51 seconds West o distance of 17.12 feet; thence South 10
degrees 23 minutes 24 seconds West o distance of 52.13 feet; thence South 80
degrees 25 minutes 55 seconds West a distance of 1.08 feet to the grantor's west
line; thence North 00 degrees 09 minutes 45 seconds West along said west line a
distance of 104.71 feet to the Point of Beginning. Containing 1949 square feet.
TSC 2 k 2603 001 dw 5 oorcel21.dw She ?_603.001
j: g s g Sheet of q
THE 3020 North Post Road Engineering
L' Indianapolis, Indiana Surveying
4 6226 -6518
S C H N I E R Landscape Architecture
31 7- 898 -8282 GIS LIS
610.1741 .317 -899 -8010 FAX Geology
CORPORATION 317- 895 -2803 RESIDENTIAL
SURVEYING FAX
SURVEYOR'S REPORT
In accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code
"Rule 12 the following observations and opinions are submitted regarding the various
uncertainties in the locations of We lines and corners established on this route survey as o
result of variances in reference monuments and inconsistencies in lines of occupation.
This survey was performed to create additional permanent right of way and Temporary
right of way along Carmel Drive from Ron geline Road to Keystone Avenue. The basis of
bearings used is from the record descriptions of the tracts clong Carmel Drive all of which
ore on the some system.
The coordinate values for all Survey Control Line monuments shown hereon were
established initially by Woolpert Consultants on the Indiana State Plane Coordinate System.
These coordinates were converted by The Schneider Corporation to a local coordinate system
with a basis of bearings based on the record descriptions as noted above. Coordinate values
of and distances between control points shown hereon are to the nearest 0.01 feet, not
to indicate the precision of the fieldwork, but to allow for mathematical closure.
Survey Control Line monuments are referenced hereon by circled numerals that
correspond to the monument numbers in this report. Monument 24428 is a 5/8 inch rebor
found with yellow cap marked "Schneider Engr. Corp." 0.2 feet above grade on the south side
of Carmel Drive. Monument 1322 is a Mog nail found flush with the surface of the sidewalk
on the north side of Carmel Drive. Monument 1321 is a 5/8 inch rebar found with a red
"Woolpert" cop found 0.1 feet below grade on the south side of Carmel Drive. Monument
1325 is a 5/8 inch rebar found 0.1 feet below grade near the southwest corner of Carmel
Drive and Keystone Way. These four monuments are considered to be original monuments
with no error as related to their use as o part of or references to the survey line.
In addition to the 4 Survey Control Line monuments, various points on the centerline of
Carmel Drive and on the lead —ins to some are shown with horizontal coordinate values of
North and East. These coordinates are directly related to the coordinate values of the
Survey Control Line and coordinate values for the various Permanent and Temporary Right of
Way lines and corners con be calculated therefrom. In accordonce with 865 IAC 1 -12, it is
the intent of this Route Survey that the location of all Permanent and Temporory Right of
Woy lines and corners shown hereon be controlled by the various Survey Control Line
monuments and their associated coordinate volues, bearings and distonces shown hereon.
The various physical features shown on the Route Survey were located by Woolpert
Consultants in conjunction with an earlier phase of the Carmel Drive project. As indicated
above, the survey control for the Woolpert work was recovered, confirmed and converted to a
local datum for use on this Route Survey.
There is evidence from older surveys thot the physical monument currently at the
southwest corner of the southwest quarter of Section 31 has moved about 1 foot in a
north —south direction during the intervening years. The coordinate value shown hereon for
that corner is based on the prior locotion, not on the current monument. As a result of
this movement, it is my opinion that the centerline of Carmel Drive and the prior locotion of
the southwest corner of the section are best established based on the centerline of Carmel
Drive coordinated and depicted on this Route Survey. This centerline is based on railroad
spikes in the centerline of Carmel Drive (one at the centerline of Keystone Way and one at
the first Point of Curvature west of Keystone Way) which hove been in place and utilized to
control the centerline for many years.
SURVEYOR'c STATEMc T
To the best of my knowledge and belief the within plat represents a Route Survey performed
in accordance with Title 865 Article 1 Chopter 12 of the Indiono Administrative Code "Rule
12 under my supervision and completed on Februory 25, 1999.
„K„.
2._t
Gar Gera Kent
R -.red Land Surveyor #S0389 f b
N
November 3, 1999 O.
S0389
STATE OF
IND IANA
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Sheet 9, of
1 THE 3020 North Post Road Engineering
Indianapolis, Indiana Surveying
SCHNEIDER 36228 -6518 Landscape Architecture
317- 898 -8282 GIS LIS
CORPORATION 317 899 -8010 FAX Geology
317 -895 -2803 RESIDENTIAL
F SURVEYING FAX
ROUTE SURVEY CONTROL EXHIBIT
H O II
t' yr- }y
N 10027.0422 I
E 10005.9308 50 0 25 50
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(04)- CARMEL DRIVE ASSUMED NORTH
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MONUMENT 1322
REFERENCES
(MAC NAIL) 17.4 l b. U 7, x
LY.a f x r- COR. r) I. I, k BC N 9738.6139
w i_- ° I L E 8891.9166
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MERIDIAN MORTGAGE
GROUP
CARMEL DRIVE Y MON MENT 24428
REFERENCES
In R.R. SPIKE AT CL INTER. (5/8" REBAR W /SEC CAP)
N `29
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N 9781,7339
REFERENCES E 9266.1447
(5/8" REBAR)
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z BUILDING
CENTERLINE REFERENCE DATA li
MONUMENT 1321'
8 REFE N= 8025.3349. E= 8425.3496, SECTION 31, SW COR., SW 1/4
RENCES
B N= 9777.8741, E= $392.3395, CL INTERSECTION (5/8 "REBAR W /WOOLPERT CAP)
o N= 9778.7457, E= 8992.3388, CL POC
O N= 9848.4225, E= 9384.1658, CL POT
N= 9930.3232, E= 9608.1731, CL POC
N= 10000.0000, E= 10000.0000. CL POT (R.R. SPIKE FD.)
N= 10002.5436, E= 11750.8389, CL INTERSECTION (R.R. SPIKE FD.)
TSC #2603.001
j: \2k \2603 \001 \dwgs \REPTTIES.dwg Sheet 3 of
I 3020 North Post Road Engineering
Indianapolis, Indiana Surveying
3 1 7 89 6518 Landscape Architecture
SCHNEIDER 317 898 -8282 GIS LIS
317- 899 -8010 FAX Geology
CORPORATION 317 895 -2803 RESIDENTIAL
SURVEYING FAX
PARCEL 21
EXHIBIT B.
East Carmel Drive Protect Parcel 21
Owner: Asset Conservation Enterprises, Inc.
Warranty Deed Instrument Number 9132609
Landscape Easement
Land Description
Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second
Principal Meridian in Hamilton County, Indiana being all that part of the owner's land Identified
as Parcel 21 Tying within the area identified and shown as "Proposed Landscape Easement" on
the attached Route Survey Plat and being further described as follows:
Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence
bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is from Instrument
Number 9132609, Office of the Hamilton County Recorder) along the west line thereof a
distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55
minutes 00 seconds East along said centerline a distance of 600.00 feet to the point of
curvature of a curve having a radius of 1145.92 feet, the radius point of which bears North
00 degrees 05 minutes 00 seconds West thence easterly along said curve and along said
centerline an arc distance of 400.00 feet to a point bearing South 20 degrees 05 minutes
00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds
East along said centerline a distance of 238.51 feet to the point of curvature of a curve
having a radius of 1145.92 feet, the radius point of which bears South 20 degrees 05
minutes 00 seconds East; thence easterly along said curve an arc distance of 400.00 feet to
a point bearing North 00 degrees 05 minutes 00 seconds West from said radius point;
thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of
237.74 feet to the grantor's northeast corner; thence South 00 degrees. 09 minutes 45
seconds East along the grantor's west line a distance of 40.00 feet to the south right of
way line of Carmel Drive and the Point of Beginning; thence continuing South DO degrees 09
minutes 45 seconds East along the grantor's east line a distance of 4.00 feet; thence South
89 degrees 55 minutes 00 seconds West a distance of 167.19 feet; thence North 00 degrees
05 minutes 00 seconds West a distance of 4.00 feet to the said south right of way line;
thence North 89 dearees 55 minutes 00 seconds East along said south right of way line a
distance of 167.18 feet to the Point of Beginning. Containing 669 square feet.
2k 2603 001 d s ar21LSE.dv+ TSC #2603.001
9 \P 9 Sheet of 4
r __1 THE 3020 North Post Road Engineering
Indianapolis, Indians Surveying
SCHNEIDER 317-898-8282 Landscape Architecture
GIS LIS
L...7,14 317 899 -8010 FAX Geology
CORPORATION 317 -895 -2803 RESIDENTIAL
SURVEYING FAX
I
1
N89'55'00 "E 237.74' PLAN SCALE
32.74'_,_ N89'55'00 'E 205.00' 1"= 30'
w CARMEL DRIVE w i W
10 L r
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PARCEL 21
1, N89'55'00 "E 167.18' ._l F
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PARCEL 21
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RECORD OWNER
ASSET CONSERVATION EN1ERPRiZES, INC.
WARRANTY DEED i
INSTR. 9132609 1
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SURVEY LINE MONU. 1322 SURVEY LINE
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SW CORNIER
Z SEC. 31- T18N -R4E SEE E ROUTE SURVEY CONTROL TIES EXHIBIT
FOR CENTERLINE AND SURVEY UNE COORDINATES.
PARCEL 21
EXHIBIT i14 TSC #2603.001
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Ti TI- 3020 North Post Rood Engineering
1 Ci Indinnapolis, Indiana Surveying
SCHNEIDER 31172898 -8282. Landscape Architecture
317 -899 -8010 FAX GIS LIS
CORPORATION Geology
317 -895 -2803 RESIDENTIAL
SURVEYING FAX
ROUTE SURVEY CONTROL EXHIBIT
1
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MONUMENT 1322
REFERENCES
(MAG NAIL) 17.4'
40
P. Li
i''''..6 l i 4 k Y 1 C0R. BC
O l t d .l N 9738 6139
w '�a E 8891.9166
GROUP
CARMEL DRIVE Y MON MENT 24428
r.
REFERENCES
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CUT 'X ON CURB
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E 11706.9352 kr
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MONUMENT 1325 CNR
N 9781.7339
REFERENCES E 9266.1447
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CENTERLINE REFERENCE DATA
MONUMENT 1321
0 N •8025.3349, E =8425.3496, SECTION 31, SW COR., SW 1/4 REFERENCES
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C N =9778.7457. E•=89923388, CL P0C
0 N =9848.422.5, E =9334.1658, CL POT
0 N= 9930.3232, E =9608.1731, CL POC
0 N..10000.0000, E =10000.0000, CL POT (R.R. SPIKE FD.)
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