HomeMy WebLinkAbout98th - Michigan-Armstrong, William 2011068418 EASEMENTS $54.00
12/29/2011 10:06:03A 19 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
Cross References: IIIII111V111111I I10tIIIII III1I111I1IIIl IIII111UO1111I111111
Instrument No: 200600027989
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Instrument No: 2011029142
1 (22 0 Instrument No: 2011027877
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Instrument No: 2001027878
I Instrument No: 20110273879
Instrument No.: 201127880
GRANT OF ACCESS EASEMENT
This Grant of Access Easement "Easement is made this'll! day of December,
2011, by and among G. William Arnstrong, Trustee of the Armstrong Family Charitable Trust
Under Agreement dated March 2, 2006 Armstrong Charitable Trust Armtrust III, LLC, an
Indiana limited liability company, "Armtrust 111"), and Armtrust V, LLC, an Indiana limited
liability company ("Armtrust V") (Armstrong Charitable Trust, Armtrust III and Armtrust V are
sometimes collectively referred to herein as "Armstrong and the City of Carmel, Indiana by
and through its Board of Public Works and Safety (the "City").
RECITALS
A. Armstrong Charitable Trust is the owner of the "Armstrong Charitable Trust
Parcel", the legal description of which. is attached hereto as Exhibit A and the depiction of the
Armstrong Charitable Trust Parcel is shown on the attached Exhibit E and by reference both
Exhibit A and Exhibit E are incorporated herein.
B. Armtrust III is the owner of the "Armtrust III Parcel the legal description of
which is attached hereto as Exhibit B and the depiction of the Armtrust III Parcel is shown on the
Exhibit E and by reference Exhibit B is incorporated herein.
C. Arrntrust V is the owner of the "Armtrust V Parcel the legal description of
which is attached hereto as Exhibit C and the depiction of the Armtrust V Parcel is shown on the
Exhibit E and by reference Exhibit C is incorporated herein.
D. Pursuant to certain approvals of the Carmel Plan Commission on May 17, 2011 as
part of Docket No. 11040003DP Amend Walnut Creek drive Extension Amend, related to
development on the Armstrong Parcels (the "Approvals Armstrong desires to allow public
access over the private drive to be constructed on the Armstrong Parcels being the "Walnut
Creek Drive Extension as more particularly described herein_
E. To provide for such public access over the Walnut Creek Drive Extension,
Armstrong Charitable Trust, Armtrust HI and Armtrust V desire to grant this Easement to the
City of Carmel for the benefit of the public in and over the Walnut Creek Drive Extension, the
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legal description of which is attached hereto as Exhibit D and is depicted on Exhibit E, for access
to, from and between 98 Street and West Carmel Marketplace as shown on Exhibit E (being
contiguous to the Parcels and within the Michigan Road/US 421 Overlay Zone).
F. Pursuant to the Approvals, the City of Carmel desires to accept the Easement.
G. In addition to the requirements of the Approvals, Armstrong Charitable Trust,
Armtrust III and Armtrust V believe that for the most favorable development and operation of the
Armstrong Charitable Trust Parcel, the Anntrust III Parcel and the Armtrust V Parcel, it is
necessary that each of the Parcels be governed by the terms and conditions of this Easement.
NOW THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and legal sufficiency of which are hereby acknowledged, Armstrong
Charitable Trust, Armstrong ILL Armstrong V and the City hereby agree as follows:
1. Definitions. The following words and phrases shall have the definitions set forth
below:
(a) "Armstrong Charitable Trust Parcel" shall mean the parcel described in
Exhibit A and depicted in Exhibit E.
(b) Armtrust III Parcel" shall mean the parcel described in Exhibit B and
depicted in Exhibit E.
(c) Armtrust V Parcel" shall mean the parcel described in Exhibit C and
depicted in Exhibit E.
(d) "Parcels" shall mean the Armstrong Charitable Trust Parcel and the
Armtrust III Parcel and the Armtrust V, collectively.
(e) "Person" shall mean any individual, corporation, partnership, trust, joint
venture, limited liability company or other entity of any type or
description.
(f) "Walnut Creek Drive Extension" shall mean the private drive extension
described in Exhibit D and depicted in Exhibit E.
2. Grant of Easement: Armstrong Charitable Trust, Armtrust III and Armtrust V
hereby grant to the City a perpetual, non exclusive easement and right of use for
vehicular and pedestrian traffic for the benefit of the community and the invitees
of the Parcels and the invitees of the West Carmel Marketplace, in and over the
Walnut Creek Drive Extension as such drive may exist from time to time, for
access to, from and between 98 Street and West Carmel Marketplace. Such
drive may be modified and relocated from time to time by the owners of the
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Parcels; provided, however, the owners of the Parcels shall not alter such drive in
such a way that adversely affects access to, from and between 98 Street and West
Carmel Marketplace. Armstrong will provide at least forty-five (45) days prior
written notice to the City of any modification or relocation of the Walnut Creek
Drive Extension. Armstrong must, at Armstrong's expense, obtain all permits,
approvals and consents necessary for such modification or relocation. Any such
modification or relocation shall be done in a good and workmanlike manner and
in accordance with all applicable laws, rules, regulations, codes and ordinances.
This Easement does not grant or convey to the City, or any member of the general
public, any right of ownership, possession or use of the Walnut Creek Drive
Extension, except as specifically provided herein.
3. Construction, Maintenance and Relocation. Armstrong Charitable Trust,
Armtrust III and Armtrust V shall, at their own expense, construct that portion of
the Walnut Creek Drive Extension that is within such owner's Parcel. The
Walnut Creek Drive Extension shall be constructed in accordance with the City's
requirements for a local public street. Prior to construction, Armstrong shall, at
its own expense, obtain all permits, approvals and consents for the construction of
the Walnut Creek Drive Extension. Such construction shall be done in a good and
workmanlike manner and in accordance with all applicable laws, rules
regulations, codes and ordinances. The Walnut Creek Drive Extension shall be
completed and open for access by the public no later than December 31, 2013.
Thereafter, each owner of a Parcl, at their own expense, shall supervise, operate,
manage, insure, repair, replace, maintain, clean, and remove snow from Walnut
Creek Drive Extension on their respective Parcels, including without limitation, to
the extent applicable, striping, drives and lanes, curb cuts, entrances, exits,
pavement, drainage facilities and sidewalks, and keep such areas in good repair
and in a safe, sound and functional condition, free from refuse and rubbish and in
conformity with all applicable laws, rules, regulations, codes and ordinances.. The
Walnut Creek Drive Extension shall be maintained in a first class manner,
consistent with other commercial developments in the area.
If Armstrong Charitable Trust, Armtrust DI or Armtrust V sell all or a portion of
its Parcel, then the deed of conveyance shall require any such grantee to comply
with the terms and conditions of this Easement, or, if applicable, allow for a
system of joint maintenance between co- owners of a subdivided Parcel. If any
owner of any of the Parcels (or a portion of such Parcel) shall fail to maintain its
Parcel (or portion of its Parcel) as set forth above, then any other owner of any
Parcel (or owner of a portion of a Parcel) or the City, within thirty (30) days after
written notice to the failing owner (hereinafter the "Failing Party"), specifying the
manner in which the Failing Party has failed to maintain its Parcel (or portion of a
Parcel) as above provided, may (if such failures have not been corrected or
corrections commenced and diligently pursued within thirty (30) days after receipt
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of notice) enter upon the Parcel (or portion of such Parcel) of the Failing Party and
perform the maintenance set forth in said notice and, by doing so, shall not be
liable or responsible to the Failing Party for any loss or damages sustained by the
Failing Party because of the provision of such maintenance except for such party's
sole negligence. The cost of such maintenance shall be paid by the Failing Party
within thirty (30) days of the date of the Failing Party's receipt of a statement
therefor, which statement shall specify the details of the maintenance or work
performed and the cost thereof, together with costs of collection and attorneys'
fees.
Except as is necessary for the performance of bona fide unscheduled and
unforeseen emergency repairs, Armstrong shall provide fifteen (15) days advance
written notice to the Director of Engineering at One Civic Square, Carmel,
Indiana 46032, (317) 571 -2586, the Office of the Mayor, City Hall at One Civic
Square, Carmel, Indiana 46032, (317) 571 -2401, and the Carmel City Attorney at
One Civic Square, Carmel, Indiana 46032, (317) 571 -7275, prior to entering on
the Walnut Creek Drive Extension to conduct any activities within the Walnut
Creek Drive Extension. Such notice shall include a description of the type and
location of such repair and an anticipated timeframe for completion of such repair.
Armstrong shall use its best efforts to coordinate and time such activities with the
City in order to minimize any interference with the use of the Walnut Creek Drive
Extension. Armstrong shall comply with all applicable rules, regulations, codes,
ordinances and guidelines for the erection of barricades and the posting of
appropriate wamings to restrict access to any area of construction being performed
by Armstrong (the "Guidelines in, on or over the Walnut Creek Drive
Extension. Armstrong shall comply with the Guidelines unless such Guidelines
conflict with applicable federal or state laws or codes. In the event of bona fide
unscheduled and unforeseen emergency repairs, Armstrong shall provide as much
notice as possible to the City by contacting telephonically and by facsimile
transmission the Director of Engineering at One Civic Square, Carmel, Indiana
46032, (317) 571 -2441, and the Chief of Police at Carmel Police Headquarters at
3 Civic Square, Carmel, Indiana 46032, (317) 571 -2500. Armstrong shall also
comply with the Guidelines in the event of an emergency.
Upon notification from the City that (i) the Walnut Creek Drive Extension must
be relocated to line up with the existing driveway located on Common Area Block
C as per Secondary Plat for West Carmel Marketplace recorded as Instrument No.
2006 56955, PC 4, Slide 149; or (ii) that the City requires other modifications to
the Walnut Creek Drive Extension to address public safety concerns, Armstrong,
at Armstrong's expense, shall complete such relocation or modifications in
accordance with the requirements of this Easement and within the timeframe
established by the City. In the event such relocation is required, the parties will
enter into an amendment to this Easement to modify any necessary descriptions.
Notwithstanding the foregoing, any such relocation will not be required if such
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relocation will cause a trespass or violate any applicable law, rule, ordinance or
recorded instrument.
4. No Barriers. No owner of any Parcel or portion thereof shall place, or permit the
placement of any obstructions, within the Walnut Creek Drive Extension or any
Parcels which may unreasonably interfere with the exercise of the rights granted
herein. The City shall have the right to remove any such obstruction.
5. Non Liability of the City. The City has no obligation with respect to the Walnut
Creek Drive Extension, including, but not limited to, construction, operation,
maintenance, repair, location, patrol of or public safety concerns. Armstrong
agrees that this Easement shall not transfer to the City any past, present, or future
obligation(s) to be responsible for, or to pay, any tax, assessment, or fee
associated with or related to the Walnut Creek Drive Extension.
6. Indemnification. Armstrong shall indemnify and hold the City, its officers,
officials, agents and employees, harmless from and against any and all claims,
demands and liability, including attorneys' fees, for damage or injury to persons
or property that are caused by Armstrong or related to the use, construction,
repair, operation, maintenance or location of the Walnut Creek Drive Extension.
Such indemnification obligations of Armstrong shall be joint and personal. The
obligations within this Section shall survive the expiration or earlier termination
of this Easement. At the City's option, (i) the City may hire counsel to defend the
City in any such claim, demand or liability, in which case Armstrong shall be
responsible for the City's costs of defense including attorneys' fees; or (ii) the
City may direct Armstrong to undertake the defense of such claim, demand or
liability on behalf of the City. If the City directs Armstrong to undertake such
defense, Armstrong, at Armstrong's sole cost and expense shall vigorously defend
such claims, demands and liability utilizing counsel reasonably approved by the
City. The City shall, at no expense to the City, reasonably cooperate with
Armstrong in defending such claims, demands or liability.
7. Enforcement of Easement. In the event of a breach or explicitly threatened
breach of any easement or other provision of this Easement, any non breaching
party shall be entitled to obtain an injunction to require specific performance of
such obligation or to require any breaching party to abide by the provisions of this
Easement. All costs and expenses, including attorneys' fees of any such
proceeding shall be assessed against the breaching party. All remedies described
herein are cumulative and shall not preclude any other remedy available at law or
in equity.
8. Severability of Provision. If any provision of this Easement or portion thereof or
the application thereof to any person or circumstance shall be held invalid,
inoperative or unenforceable, the remainder of this Easement, or the application of
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such remaining provision or portion thereof to any person or persons or
circumstances, shall not be affected. It shall not be deemed that any such invalid
provision affects the consideration for this Easement, and each provision of this
Easement shall be valid and enforceable to the fullest extent permitted by law.
9. Choice of Law. This Easement shall be construed in accordance with the laws of
the State of Indiana.
10. Notice. Whenever under this Easement a provision is made for notice of any
kind, such notice shall be in writing and it shall be deemed sufficient notice if sent
by a nationally recognized overnight delivery service, to the parties as follows:
To Armstrong Charitable Trust: c/o G. William Armstrong
10654 Sunset Point Lane
Fishers, Indiana 46037
To Armtrust III: c/o G. William Armstrong
10654 Sunset Point Lane
Fishers, Indiana 46037
To Armtrust V: c/o G. William Armstrong
10654 Sunset Point Lane
Fishers, Indiana 46037
To the City: City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn:
With a copy to: City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: City Attorney
All notices shall be either (a) sent by overnight delivery using a nationally
recognized overnight courier, in which case notice shall be deemed delivered one
(1) business day after deposit with such courier, (b) sent by certified or regular
U.S. mail, postage prepaid, in which case notice shall be deemed delivered two
(2) business days after deposit in such mails, or (c) sent by personal delivery, in
which case notice shall be deemed delivered upon receipt or refusal of delivery.
The notice address may be changed by sending notice to the other parties as
provided above.
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11. Easement to Run with the Land. The Easement granted herein is made by
Armstrong Charitable Trust, Armtrust III and Armtrust V, as the owners of the
Parcels, and contains easements which are appurtenant to the Parcels, which shall
run with the land perpetually and shall be binding upon and inure to the benefit of
the owners of the Parcels and the City of Carmel, their respective designees and
assignees, and each Person who from time to time, owns, occupies or acquires a
fee interest, a leasehold interest or other interest in any portion of the Parcels.
12. Miscellaneous.
(a) To the best of Armstrong's knowledge, the Armstrong Parcels and any
adjoining land owned by Armstrong have never been used to release,
discharge, generate or store any toxic, hazardous, corrosive, radioactive or
otherwise harmful substance or material.
(b) Waiver by either party of any one default hereunder will not be deemed to
be a waiver of any other default under this Easement. Any remedy or
election under this Easement will not be deemed exclusive, but instead,
whenever legally permissible, will be cumulative with all other remedies at
law or in equity.
(c) Armstrong and the City agree that this Easement shall only be modified or
released by the express, written consent of both Armstrong (or all of the
then owners of the Parcels) and the City. Said consent, when duly
recorded, shall run with the Parcels and the Walnut Creek Drive
Extension.
(d) The person executing this instrument on behalf of Armstrong hereby
represents that he has the authority to bind Armstrong to the terms and
conditions set forth herein and that all necessary action therefore has been
taken. Armstrong further represents and warrants to the City that
Armstrong is the fee simple owner of the Walnut Creek Drive Extension;
that Armstrong has the right to grant this Easement; and that the Parcels
are free of any liens or encumbrances, except the lien of current taxes and
any other lien or encumbrance that, as of the date of execution hereof,
appears of public record.
IN WITNESS WHEREOF, Armstrong Charitable Trust and Armtrust III and Armtrust V
and the City have caused this Easement to be executed as of the date first written above.
{Signature and Notary pages to follow}
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Signature page for Armstrong Charitable Trust
G WILLIAM ARMSTRONG, TRUSTEE
OF THE ARMSTRONG FAMILY
CHARITABLE TRUST UNDER
AGREEMENT DATED MARCH 1, 2006
Printed: t•c 4,1,7 4 PA/ S IDA./6
Title: R_
STATE OF INDIANA
SS:
COUNTY OF Male I MAI
Before me, a notary public in and for said County and State, personally appeared G.
William Armstrong, the Trustee of the Armstrong Family Charitable Trust under Agreement
dated March 1, 2006, who acknowledged that he did sign the foregoing instrument on behalf of
said trust and that the same is the free act of said trust, and the free act and deed of him as such
trustee who is personally known to me or produced satisfactory identification.
�(fthand and notarial seal, this 2-04—day D,-((1,171
of
5 \SSI ON 4
o N\fi
I�$y C`� rr i dn xp T? LLA%
Notary Public
M y out s' e:
S,Q4(
or11ki Printed Name
8
Signature page for Armtrust III
ARMTRUST III, LLC, an Indiana limited
liability company
By: 'c--
Printed: G
Title: /2 m r�
STATE OF INDIANA
SS:
COUNTY OF ,aC2in
Before me, a potary public in and for said County and State, personally appeared
Q Id 14 Oiii the roe r y7 ee/i" of Armtrust III, LLC an Indiana
limited liability company, who acknowledged that he did sign the foregoing instrument on behalf
of said company, and that the same is the free act of said company, and the free act and deed of
him as such ()le,-y1 who is personally known to me or produced satisfactory
identification.
tlik 0and and notarial seal, this 209A day of Qee"n 2Y 2011.
My o o� ,piren:
,y ota Public
M dunty o'IZesi• e' ccei f I otz
Printed Name
194 f 11111111
9
Signature page for Armtrust V
ARMTRUST V, LLC, an Indiana limited
liability company
B
Printed: C. ■i ,•,2,4..s772-o
Title: mC m be
STATE OF INDIANA
SS:
COUNTY OF,aar a>
nn Before me, anotary public in and for said County and State, personally appeared
i/1, yyi 7 s-i the yyi n 1 r" of Armtrust V, LLC an Indiana
limited liability company, who acknowledged that he did sign the foregoing instrument on behalf
of said company and that the same is the free act of said company, and the free act and deed of
him as such YYlejrY? y who is personally known to me or produced satisfactory
identification.
���111B�Ii
\ssi At and notarial seal, this 2 I da of CeT tb .<2011.
Ivry n i issi Skies:
Notary Public
ce, 4. c-te_reil_k_
491 I H11111N111 Printed Name
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Signature page for City of Carmel
CITY OF CARMEL
By and through its Board of Public Works
and Safety
B Of L
James Brainard, Presiding Officer
Date: (7 //4 I y
By: ij
Ma Ann B rke, Member
Date: (1 V\ f
Ai
By:
Lori atson, Member
Date: 0 (d. 1 1
ATTEST: Sandra M. Johnson
Deputy Clerk for
.AL
Diana L. Corr, IAMC, Clerk- Treasurer
Date: —f
STATE OF INDIA A
SS:
COUNTY OF l
Personally appeared before me this day James Brai ard;'1 !ary Main Burke, and Lori
Watson, who having been duly sworn/affirmed, state(s) that they are members of the City of
Carmel's Board of Public Works and Safety and have executed the foregoing Grant of Access
Easement on behalf of such entity.
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Witness my hand and notarial seal, this 7/ day of �t[!011.
My Commission Expires: c AIL
'f Notary Public
My County of ;.sidence:
>i _l_ C ano Da Vi S
Printed Name
This instrument prepared by Steven J. Glazier, Attorney at Law, COHEN GARELICK GLAZIER,
8888 Keystone Crossing Blvd., #800, Indianapolis, IN 46240; Tel e.: (317) 573 -8888; Fax: (317) 574-
3855.
I affirm, under the penalties for perjury, that I have taken reasonablecareto redact each Social
Security number in this document, unless required by law. Steven J. Glazier, Attorney
2025484v3
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EXHIBIT A
ARMSTRONG CHARITABLE TRUST PARCEL LEGAL DESCRIPTION
LAND DESCRIPTION
A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East
of the Second Principal Meridian In Hamilton County, Indiana being more
particularly described as follows:
Lot Number 2 and Lot Number 3 in North Augusta, First Section, a subdivision in
Hamilton County, Indiana, as per plat thereof, recorded in Deed Book Record
132, Page 446 in the Office of the Recorder of Hamilton County, Indiana.
ALSO:
A strip 5.25 feet wide off the south side of Lot Number 1 in North Augusta, First
Section, a subdivision in Hamilton County, Indiana, recorded as per plat thereof,
recorded in Deed Book Record 132, Page 446 in the Office of the Recorder of
Hamilton County, Indiana,
Subject to all highways, rights of way and easements of restriction.
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EXHIBIT B
ARMTRUST III PARCEL LEGAL DESCRIPTION
Land Description
Lot Number Sixty -three (63) in North Augusta, 2" Section, an addition in Hamilton County,
Indiana, as per plat thereof recorded in Deed Record 134, pages 411-412 ire the Office of the
Recorder of Hamilton County, Indiana.
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EXHIBIT C
ARMTRUST V PARCEL LEGAL DESCRIPTION
Land Description
LAND DESCRIPTION
Block "H" in the Secondary Re -Plat of Block H West Carmel Marketplace, in
Hamilton County, Indiana, recorded December 14, 2006, as Instrument No.
2006074178 in Plat Cabinet 4, Slide 208, in the Office of the Recorder of
Hamilton County, Indiana and corrected by Certificate of Correction recorded
August 31, 2007 as Instrument No. 2007050053, aforesaid records, containing
0.49 acres, more or less. Subject to all highways, rights of way and easements of
restriction.
ALSO:
A part of Lot 1 in North Augusta, First Section, a subdivision in Hamilton County,
Indiana, recorded as Instrument number D.R. 132, Page 446 more particularly
described as follows:
Beginning at the northeast comer of a S of Indiana right of way taking
recorded as Instrument number 2000 -3707 at a 5/8" rebar marked "WE1HE
ENGR. 0012 thence along the north line of said Lot 1 North 89 degrees 32
minutes 58 seconds East 295.10 feet; thence South 69 degrees 38 minutes 55
seconds West 279.78 feet to the right of way line of U.S. #421 (Michigan Road)
recorded as State of Indiana Instrument number 2000 -3707; thence along said
right of way line North 20 degrees 25 minutes 54 seconds West 51.57 feet to a
right of way marker; thence North 17 degrees 34 minutes 9 seconds West 48.94
feet to the place of beginning, containing 0.324 acres, more or less. Subject to all
highways, rights of way and easements of restriction.
ALSO:
A part of Lot 1 in North Augusta, First Section, a subdivision in Hamilton County,
Indiana, recorded as Instrument number DR. 132, Page 446 more particularly
described as follows:
Commencing at the Northeast corner of a State of Indiana right of way taking
recorded as Instrument number 2000 -3707 at a 518" rebar marked "WEIHE
ENGR. 0012"; thence along the North Line of said Lot 1 North 89 degrees 32
minutes 58 seconds East 306.99 feet to the Northeast Comer of Lot 1 said point
being the Point of Beginning of this description; thence along the East Line of
North Augusta Subdivision South 20 degrees 20 minutes 50 seconds East 24.47
feet; thence South 69 degrees 38 minutes 55 seconds West 290.92 feet to the
East Right of Way line of U.S. #421 (Michigan Road) recorded as State of
Indiana Instrument number 2000 -3707; thence along said right of way line North
20 degrees 25 minutes 54 seconds West 28.52 feet; thence North 69 degrees 38
minutes 55 seconds East 279.78 feet to the North Line of said Lot 1; thence
along said North Line of Lot 1 North 89 degrees 32 minutes 58 seconds East
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11.90 feet to the place of beginning, containing 0.19 acres, more or less. Subject
to all highways, rights of way and easements of restriction.
ALSO:
A part of Lot 1 in North Augusta, First Section, a subdivision in Hamilton County,
Indiana, recorded as Instrument number Q.R. 132, Page 446 more particularly
described as follows:
Commencing at the Northeast corner of a State of Indiana right of way taking
recorded as Instrument number 2000 -3707 at a 5/8" rebar marked "WEIHE
ENGR. 0012"; thence along the North Line of said Lot 1 North 89 degrees 32
minutes 58 seconds East 306.99 feet to the Northeast Comer of said Lot 1;
thence along the East Line of North Augusta Subdivision South 20 degrees 20
minutes 50 seconds East 24.47 feet to the Point of Beginning of this description;
thence along the East Line of North Augusta Subdivision South 20 degrees 20
minutes 50 seconds East 20.77 feet; thence South 69 degrees 38 minutes 55
seconds West 290.89 feet to the East Right of Way line of U.S. #421 (Michigan
Road) recorded as State of Indiana Instrument number 2000 -3707; thence along
said right of way line North 20 degrees 25 minutes 54 seconds West 20.77 feet;
thence North 69 degrees 38 minutes 55 seconds East 290.92 feet to the East
Line of North Augusta Subdivision and place of beginning, containing 0.14 acres,
more or less. Subject to all highways, rights of way and easements of restriction.
Containing 1.14 acres, more or less.
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EXHIBIT D
WALNUT CREEK DRIVE EXTENSION (LEGAL DESCRIPTION)
LAND DESCRIPTION
A part of the Southeast Quarter of Section 7, Township 17 North, Range 3 East
of the Second Principal Meridian in Hamilton County, Indiana being more
particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of Section 7,
Township 17 North, Range 3 East of the Second Principal Meridian in Hamilton
County, Indiana; thence South 89 degrees 23 minutes 10 seconds West
(assumed bearing) 2,075.00 feet on the south line of said quarter section to the
centerline of U.S. 421 (Michigan Road) as it existed in 2007 and as calculated
from those state highway right -of -way plans for Project F- 221(13), dated 1966;
thence North 20 degrees 20 minutes 50 seconds West 1,512.62 feet on said
highway centerline; thence North 89 degrees 32 minutes 58 seconds East 65.23
feet to a point on the Easterly right -of -way line of U.S. 421 (Michigan Road) per
Instrument #2000 00003707 and recorded in said County's Recorder's Office;
thence along the North Line of Lot 1 North Augusta, First Section, a subdivision
in Hamilton County, Indiana, recorded as Instrument number D.R. 132, Page
446, North 89 degrees 32 minutes 58 seconds East 295.10 feet to the Southeast
corner of Block H as shown on the Secondary Re -Plat of Block H West Carmel
Marketplace, recorded in Plat Cabinet 4 Slide 208 as Instrument Number
2006074178 in said Recorder's Office, said point being the POINT OF
BEGINNING of this description; thence South 36 degrees 38 minutes 45 seconds
East 18.95 feet; thence South 50 degrees 13 minutes 17 seconds East 46.65
feet to a point on a curve concave to the Southwest having a radius of 80.00 feet
and from which a long -chord bears South 35 degrees 17 minutes 03 seconds
East 41.24 feet; thence Southeasterly on said curve 41.71 feet; thence parallel
with the East line North Augusta, First Section, South 20 degrees 20 minutes 50
seconds East 157.11 feet to a point on a non tangent curve concave to the
Southeast having a radius of 444.83 feet; said point also lying on the North Right
of Way line of West 98th Street per plat of North Augusta Subdivision, Second
Section, a subdivision in Hamilton County, Indiana, recorded as Instrument
number D.R. 134, Page 411 -412; thence Southwesterly on said curve 28.02 feet
to the Southeast comer of Lot 3; thence along said South Line of Lot 3 South 69
degrees 38 minutes 55 seconds West 12.00 feet; thence parallel with the East
line North Augusta, First Section, North 20 degrees 20 minutes 50 seconds West
156.06 feet to a point on a curve concave to the Southwest having a radius of
40.00 feet and from which a long -chord bears North 35 degrees 17 minutes 03
seconds West 20.62 feet; thence Northwesterly on said curve 20.86 feet; thence
North 50 degrees 13 minutes 17 seconds West 46.65 feet to a point on a curve
concave to the Northeast having a radius of 80.00 feet and from which a long
chord bears North 35 degrees 12 minutes 56 seconds West 41.43 feet; thence
Northwesterly on said curve 41.90 feet; thence parallel with the East line of Block
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H North 20 degrees 12 minutes 36 seconds West 90.00 feet; thence North 29
degrees 47 minutes 24 seconds East 52.22 feet to the Northeast corner of Block
H; thence along the East line of Block H South 20 degrees 12 minutes 36
seconds East 125.39 feet to the Southeast corner of Block H, and place of
beginning, containing 0.34 acres, more or less. Subject to all highways, rights of
way and easements of restriction.
The bearings in this description are based upon the bearing system described on
an ALTA/ACSM Survey performed by Weihe Engineers certified by Karen D.
Bell, L.S. on 02/23107 (Project W07 -81)_
18
EXHIBIT E
WALNUT CREEK DRIVE EXTENSION (DEPICTION)
ARMSTRONG CHARITABLE TRUST PARCEL (DEPICTION)
ARMTRUST HI PARCEL (DEPICTION)
ARMTRUST V PARCEL (DEPICTION)
L. vmarrRa MST LOC 0►tR4
.f9. lm 1
.6WMM B..FBG A R t GQM
IL 4 it
Il k
N29'47 24'E 4<,, a 1
52.22 h e.
ms s. ..r T n 7> '�w f$ Fla
MR.�800.3707 •t x P
er r a -14.16 4m a 4r,„‹ t...,•',„ MA.. .a. pm 0..0W BVM
S•J ORAL N.M. 1l 27....r MAI BM. 1 rr¢ *IMAM
A0 S 5f UJRt 0C n'�•,. roa. r.c*, SW.. igY, esw�a. .o �wsso.ca va
S
RE exam Y +8.95
3 7 N1 x .em
1 A CORNER ARAsTRUsi V PARCEL 5 p6.B5
1 E 1.14 ACt r 4. 3
L
=4190' 4-%, R�0.06' a
v� 1 -w Sv t_ `>�j L-41.m
\1 -\T N50'13iTW Y .\A
1 a 46.65• ARILIRUS•(R PAFK�
1 LOT R
R 40 r� eros(rrl�(GusPTGA42Nas£
i a 1 F� .t A r 0.76 ACt
A
r
z k f Z
u 6 4
et ARMSTRONG CHARITABLE O,s "1 S..1 ›N"‘ n y TRUST PARCEL 2 L V Y j j
c� 1.37 AC± tr <r- I.
v 1 i ".q yam, s 5 �-v'
t 1'' y7
1 g
t 8.444 3'
4- L.25.07
b" 569'38•55-W
1 12.00•
0,tS
�0 RSASBD D908 OF
.L Z� 5� Wf 3 ARO 3 NCR
el
V4SS1 g8 OMAR AY.
4 4
1
1
4 --KA1im men R (00 3
MTh ALIGUSP 910. WORN
so o ae m
(NWT)
1 Ms. MIL
1 9