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Home My WebLink AboutC.P. Morgan Temporary Road Easement -#3 9306940 SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT is made this 33 day of e'efev/ 1993, by and between C.P. Morgan Communities, L.P., an Indiana limited partnership (the "Owner and the City of Carmel, Indiana (the "City WITNESSES: WHEREAS, the Owner is the fee simple owner of certain real estate in Hamilton County, Indiana more particularly described in Exhibit "A" attached hereto and by reference made a part hereof (the "Roadway Parcel and WHEREAS, the Owner is willing to grant a temporary easement to the City, its successors and assigns, to that portion of the Roadway Parcel which lies within the real estate described in Exhibit "B" attached hereto and by reference made a part hereof (such portion of the Roadway Parcel hereafter referred to as the "Easement Parcel for the purpose of maintaining and repairing a sanitary sewer (the "Sewer NOW, THEREFORE, in consideration of these premises, the grant of the easement hereafter set forth, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner hereby grants a temporary easement in the Easement Parcel to the City, its successors and assigns, to use the Easement Parcel to maintain and repair the Sewer across, through and under the Easement Area. The easement granted hereunder shall terminate upon the proper recording of a plat(s) by Owner which includes the Easement Parcel if such plat grants a replacement easement to the City in the Easement Parcel. 2. The City, its employees, agents, successors and assigns shall, when necessary, have access to the Easement Area for the purpose of maintenance and repairs, provided the City, its successors and assigns shall be responsible for any damage that may be done in connection with such maintenance and repairs. 3. The City, its successors and assigns, shall return the Easement ParcelWd;) &my property thereto to its original condition after perXo.rriiing any maintenance or repairs to the Sewer. i :Hi a `f This lnsirumenll:'ecerd2d FEB Z 2 1993 Z h z z �J RE corder, �uf,. 7 Sharon K. Cherry, R I I IN REVIEWED BY HAMILTON E APR 0 1993 0UI Y AUDITOR'S OF k r:lfr ti A. RME L, hi IN WITNESS WHEREOF, the undersigned have caused this Sanitary Sewer Easement Agreement to be executed as of the date first written above. OWNER CITY I C.P. MORGAN COMMUNITIES, L.P. CITY OF CARMEL, INDIANA By: C.P. Morgan Investments, Inc. By: ./A By. Mark W. Boyce, Vice -P 'dent Theodo'e Jo nson, Mayor By: Rick McKinney LJ By: Steven Brown Attest: Janice L. Hope, Deputy Clerk Treasurer STATE OF INDIANA COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared Mark W. Boyce, the Vice President of C.P. Morgan Investments, Inc., the general partner of C.P. Morgan Communities, L.P., and acknowledged execution of the foregoing Sanitary Sewer Easement Agreement on this 3 day of re 1993. My Commission Expires: lZ Notary Public 71 74 6 a yroO (Printed) My County of Residence: Y p 1)1Il LrofU JD SEA -2- q34e117 STATE OF INDIANA COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared Theodore Johnson, and Janice L. Hope, the Mayor and Deputy Clerk- Treasurer, repectively, of the City of Carmel, and acknowledged execution of the foregoing Sanitary Sewer Easement Agreement on this 17th day of February, 199 i rf. My Commission Expires: �I 1 t .F ?'•�r ti Jean M. Junket V A Notary Public 1 My County of Residence: `I GL- -1 i r'C_ PO This instrument prepared by: Lewis E. Willis, Jr. Esq. STARK DONINGER SMITH 50 South Meridian Street, Suite 700 Indianapolis, Indiana 46204 c:0509a.1ew 9,MZ, 3 ip:11 ,or Part of the North half of thc Southcast Quartcr of Section 8, Township 17 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana, bcing described as follows: Commencing at the Northwcst corncr of the Southcast Quartcr of said Section 8; thence South 00 degrees 26 minutes 25 seconds West (Assumed bearing) along the West line of said Southcast Quarter Section a distancc of 399.21 feet; thence North 90 degrees 00 minutes 00 scconds East a distancc of 388.06 feet; thence South 03 degrees 00 minutcs 00 seconds Wcst a distance of 37.04 feet; thence South 87 degrees 00 minutes 00 seconds East a distancc of 214.91 feet to the BEGINNING POINT of a strip of. land 50.00 feet in width, 25 feet on each side of the following described centerline (said point being on a curve having a radius of 300.00 feet, the radius point of which bears North 85 degrees 22 minutes 13 seconds West); thence southerly along said curve an arc distancc of 28.12 feet to a point which bears South 80 degrees 00 minutes 00 seconds East from said radius point; thence South 10 degrees 00 minutes 00 seconds West a distance of 111.43 feet to a curve having a radius of 300.00 fcct, the radius point of which bears South 80 degrees 00 minutes 00 seconds East; thence southerly along said curve an arc distance of 62.83 feet to a point which bears South 88 degrees 00 minutes 00 seconds Wcst from said radius point; thence South 02 degrees 00 minutes 00 seconds East a distance of 53.16 fcct to a curve having a radius of 250.00 feet, the radius point of which bears South 88 degrees 00 minutes 00 seconds West; thence southwesterly along said curve an arc distance of 222.53 feet to a point which bears South 41 degrees 00 minutes 00 seconds East from said radius point; thence South 49 degrees 00 minutcs 00- seconds Wcst a distance of 212.14 feet to a curve having a radius of 300.00 feet, thc radius point of which bcars North 49 dcgrecs 00 minutes 00 seconds East; thence southeasterly along said curve an arc distance of 188.50 feet to a point which bears South 13 degrees 00 minutes 00 seconds West from said radius point; thence South 77 degrees 00 minutes 00 seconds East a distance of 78.51 feet to a curve having a radius of 150.00 feet, thc radius point of which bears South 13 degrees 00 minutes 00 seconds West; thence southeasterly along said curve an arc distance of 202.74 feet to a point which bears South 89 degrees 33 minutes 35 scconds East from said radius point; thence South 00 degrees 26 minutes 25 seconds West a distance of 32.34 feet to the South line of the North half of said Southeast Quarter and the POINT OF TERMINUS, hereinafter referenced as POINT "A" Excepting, however Following described tract of land: Commencing at thc above referenced POINT "A thence South 89 degrees 36 minutes 04 seconds East along the south line of said half quarter section a distance of 12.96 feet to the BEGINNING POINT; thence North 00 degrees 32 minutcs 25 seconds East a distance of 95.70 feet to a curve having radius of 175.00 feet, thc radius point of which bears South 69 degrees 12 minutes 29 seconds West; thence southeasterly along said curve an arc distance of 64.85 feet to a point which bears South 89 degrees 33 minutes 35 seconds East from said radius point; thence South 00 degrees 26 minutcs 25 seconds Wcst a distance of 32.31 feet to the said south line; thence North 89 degrees 36 minutcs 04 seconds West along said south line a distance of 12.04 feet to the BEGINNING POINT. Containing after EXCEPTION 1.348 acres, more or less. 302.74d EKCf-fialT A I t *3 0" u u PART OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 17 NORTH, N RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN IN HAMILTON COUNTY, INDIANA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH 00 DEGREES 26 MINUTES 25 SECONDS WEST (ASSUMED BEARING) ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER SECTION DISTANCE OF 399.21 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 388.06 FEET; THENCE SOUTH 03 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 37.04 FEET; THENCE SOUTH 87 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 189.90 FEET TO THE BEGINNING POINT (SAID POINT BEING ON A CURVE HAVING A RADIUS OF 275.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 85 DEGREES 13 MINUTES 20 SECONDS WEST); THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 25.06 FEET f0 A POINT WHICH BEARS SOUTH 80 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID RADIUS POINT; THENCE SOUTH 10 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 111.43 FEET TO A CURVE HAVING A RADIUS OF 325.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 80 DEGREES 00 MINUTES 00 SECONDS EAST; THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 68.07 FEET TO A POINT WHICH BEARS SOUTH 88 DEGREES 00 MINUTES 00 SECONDS WEST FROM SAID RADIUS POINT; THENCE SOUTH 02 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 53.16 FEET TO A CURVE HAVING A RADIUS OF 225.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 88 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 200.28 FEET TO A POINT WHICH BEARS SOUTH 41 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID RADIUS POINT; THENCE SOUTH 49 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 167.14 FEET; THENCE SOUTH 41 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 25.00 FEET TO A CURVE HAVING A RADIUS OF 255.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 49 DEGREES 00 MINUTES 00 SECONDS EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 160.22 FEET TO A POINT WHICH BEARS SOUTH 13 r DEGREES 00 MINUTES 00 SECONDS WEST FROM SAID RADIUS POINT; THENCE =t a ;:_`T tx'A 4-:°,;:; SOUTH 77 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 53.51 FEET; THENCE SOUTH 13 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 77 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 64.85 TO A CURVE HAVING A RADIUS OF 140.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 13 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 94.20 FEET TO A POINT WHICH BEARS NORTH 51 DEGREES 33 MINUTES 09 SECONDS EAST FROM SAID RADIUS POINT; THENCE SOUTH 51 DEGREES 33 MINUTES 09 SECONDS WEST A DISTANCE OF 15.00 FEET; TO A CURVE HAVING A RADIUS OF 125.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 51 DEGREES 33 MINUTES 09 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 84.11 FEET TO A POINT WHICH BEARS NORTH 13 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID RADIUS POINT; THENCE NORTH 77 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 118.35 FEET TO A CURVE HAVING A RADIUS OF 275.00 FEET, THE RADIUS POINT OF WHI7,H BEARS NORTH 13 DEGREES 00 MINUTES 00 SECONDS EAST; THENCE NCRTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 172.79 FEET TO A POINT WHICH BEARS SOUTH 49 DEGREES 00 MINUTES 00 SECONDS WEST FROM SAID RADIUS POINT; THENCE NORTH 41 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 49 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 187.14 FEET TO A CURVE HAVING A RADIUS OF 200.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 41 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC tis Instrument Becoi FEB 2 2 1993 DISTANCE OF 178.02 FEET TO A POINT WHICH BEARS NORTH 88 DEGREES 00 ftamiltCfl MINUTES 00 SECONDS EAST FROM SAID RADIUS POINT; THENCE NORTH 02 laron K Cherry, Rcorder, DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 38.80 FEET; THENCE SOUTH 87 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 10.04 FEET; THENCE NORTH 02 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 1L).23 FEET TO A CURVE HAVING A RADIUS OF 340.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 88 DEGREES 00 MINUTES 00 SECONDS EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 71.21 FEET TO A POINT WHICH BEARS NORTH 80 DEGREES 00 MINUTES 00 SECONDS WEST FROM SAID RADIUS POINT; THENCE NORTH 10 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 111.43 FEET TO A CURVE I HAVING A RADIUS OF 260.00 FEET, THE RADIUS POINT OF WHICEI BEARS 93,4'Z 7�l/ ALLONG SAAID DEGREES CURVE AN ARC WEST; T I WHIIC H BEARS SOUTH 85 DEGREES 07 MINUTES 11 SECONDS EAST FROM SAID RADIUS POINT; THENCE SOUTH 87 DEGREES 00 MINUTES 00 SECONDS EAST A I DISTANCE OF 15.01 FEET TO THE BEGINNING POINT.