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HomeMy WebLinkAbout116th - PSI Energy Instrument 200500010374 Cross Reference to Prior Deed or Plat of Record: Warranty Deed recorded in Deed Record 324, page 340, on January 13, 1981 in the Hamilton County, Indiana Recorder's Office Project No. STP -B886 Parcel No. 18B cp 11 1 3 DRAINAGE EASEMENT AGREEMENT APPROVED AS TO FORM BY (PSI Energy, Inc. Property) This Drainage Easement Agreement (this "Agreement is made and entered into this .2g day of ..SA i i~ 2005 by and between PSI ENERGY, INC., an Indiana corporation "Grantor and the CITY OF CARMEL, INDIANA, an Iniljawip corporation "Grantee Filed for Record in HAMILTON COUNTYr INDIANA RECITALS JENNIFER J HAYDEN 02 -23 -2005 At 08:54 am. EASEMENTS 32.00 A. Grantee has jurisdiction and control over and maintains and repairs 116 Street and the right -of -way for 116 Street located between Pennsylvania Street and Rangeline Road in Hamilton County, Indiana (the "1 16 Street ROW as well as the Guilford Avenue right -of -way. B. Grantee intends to widen and improve 116 Street at its location within the 116 Street ROW, and in connection therewith certain new storm water drainage facilities will be constructed, including, without limitation, two (2) detention ponds and various drainage pipes and other drainage facilities. C. Grantor owns certain real property located in Hamilton County, Indiana along the north side of the 116 Street ROW, and Grantor desires to grant, on the terms and conditions set forth herein, a storm water drainage easement to Grantee through a portion of such real property for purposes of constructing, installing, maintaining, repairing and replacing the detention ponds, and drainage pipes and other drainage facilities to provide storm water drainage for the 116 Street ROW. NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grant of easement and the mutual promises and covenants set forth herein, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its successors, grantees and assigns, a non exclusive, perpetual storm water drainage easement over, under, through and across that portion of the property owned by Grantor more particularly described on Exhibit "A" attached hereto and incorporated herein and depicted upon the right -of -way parcel plat attached hereto as Exhibit "B" and incorporated herein (the "Easement Parcel for the purpose of constructing, installing, utilizing, maintaining, repairing, replacing and servicing two (2) storm water detention ponds (the "Ponds and such pumps, piping and other drainage facilities as required by Grantee through which storm water will be diverted and carried from the Guilford Avenue right of way and the 116 Street ROW and specifically for the purpose of allowing Grantee to divert storm water from the Guilford Avenue right of way and the 116 Street ROW. The Ponds together with the pipes, pumps and other drainage facilities constructed 2005013010374 Filed for Record in HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN 02- 23- 20135 At 08 :54 am. EASEMENTS 32.00 and installed by Grantee pursuant to the terms hereof are hereinafter collectively referred to as the "Facilities." Grantee's use of the Easement Parcel, as well as its repair, replacement, maintenance and servicing of the Facilities, shall at all times fully comply with all applicable laws, statutes, codes, ordinances, rules and regulations. Grantee agrees that it shall not, at any time, install or maintain any above ground Facilities or other above ground improvements in or on the Easement Parcel, except for such above ground manholes, catch basins, pedestals, pumps and other facilities, if any, as are reasonably necessary. Grantee shall, at its sole expense, construct, install, utilize, maintain, repair, replace and service the Facilities substantially in accordance with the plans therefor identified as follows: Farrar, Garvey Associates, LLC "Detention Pond Detail" design drawing for STP- B886(007), Sheet 60 of 175 revised 04/12/2004 08:16:22 AM, and in accordance with all applicable laws, statutes, codes, ordinances, rules and regulations. Grantor acknowledges receipt of a copy of such plans and further acknowledges its approval thereof. Excluding an emergency situation, Grantee shall notify Grantor not less than seven (7) days prior to entry onto the Easement Parcel in connection with the initial construction and installation of the Facilities, and Grantee shall restore any portion of the Easement Parcel disturbed during such entry to the same condition as existed prior to such entry to the extent reasonably practicable, but subject to the terms set forth in the last paragraph of this Section 1; provided, however, that Grantee shall use reasonable efforts to minimize disruption to any businesses or other activities then being operated on Grantor's Adjoining Land. The Facilities shall be, and shall remain at all times, the sole property of Grantee. Except as provided herein, and excluding drainage of surface water from the remaining land of Grantor which is described in Book 324, Page 340 in the Office of the Recorder of Hamilton County, Indiana (said land less the Easement Area herein referred to as "Grantor's Adjoining Land Grantor shall not (a) use the Facilities for any purpose which is inconsistent with the rights of Grantee herein, without the express prior consent of Grantee in each instance, and (b) clog, silt, obstruct, diminish, damage or interfere with the Facilities or the drainage intended to be provided hereby. Notwithstanding anything to the contrary contained herein, the Facilities and Grantee's exercise of its rights herein, shall not (a) increase the amount of surface water on Grantor's Adjoining Land except for that amount of surface water which exceeds the amount of surface water that the Facilities are designed to accommodate, namely a "ten (10) year storm event or (b) prevent surface water from Grantor's Adjoining Land from discharging into the Facilities. Notwithstanding anything to the contrary contained herein, Grantor excepts and reserves the right to construct, operate, maintain, reconstruct, add to, relocate and remove overhead electric and/or telecommunication facilities over and across a strip of land sixty feet (60') in width measured by parallel lines off of the east property line of the land of Grantor (as existing as of the date hereof), said east property line also being the east line of the Easement Parcel; provided, however, that Grantor shall not construct any such facilities upon or under the surface of the Easement Parcel without the express prior written approval of Grantee which approval shall not be unreasonably withheld, delayed or conditioned by Grantee; and provided, upon ninety (90) days prior written notice from Grantor, Grantee shall relocate any such Facilities so long as Grantor provides Grantee with a reasonably suitable relocation area for any such Facilities, reasonably suitable easement rights for such relocation area, and reimbursement of any costs reasonably incurred by Grantee with such relocation. 2 Grantor shall also not plant any crops, trees, shrubbery or other woody vegetation in the Easement Parcel without the express prior written approval of Grantee which approval shall not be unreasonably withheld, delayed or conditioned by Grantee. Any such facilities, crops, trees, shrubbery or other woody vegetation constructed or planted without the express prior written approval of Grantee, may be removed, damaged or destroyed by Grantee, its agents, contractors, subcontractors or employees, without liability to Grantee or payment or compensation therefor. 2. Maintenance of Facilities and Easement Parcel. The Facilities shall be maintained by and at the sole expense of Grantee in a safe, good and workmanlike manner, and in compliance with all applicable laws, statutes, codes, ordinances, rules and regulations. Except as otherwise provided herein with respect to the initial installation and construction of the Facilities, and excluding a emergency, Grantee shall have the right, at all times and with prior notice to Grantor to enter upon the Easement Parcel to maintain, repair, replace and service the Facilities and Grantee shall restore any portion of the Easement Parcel disturbed during such entry to the same condition as existed prior to such entry to the extent reasonably practicable, but subject to the terms set forth in the last paragraph of Section 1; provided, however, that Grantee shall use reasonable efforts to minimize disruption to any businesses or other activities then being operated on Grantor's Adjoining Land. Notwithstanding anything to the contrary contained in this Easement, Grantee's only access to and from the Easement Parcel shall be via 116 Street and not via Grantor's Adjoining Land. Grantor shall have no duty to maintain, repair, replace or service the Facilities; provided, however, Grantor at its sole cost and expense shall be responsible for mowing the grass in the Easement Parcel, including, without limitation, the banks of the Ponds. Grantor acknowledges that the cost of such mowing services has been taken into account in the sum heretofore paid to Grantor for the easement rights granted herein. 3. Indemnity. a. Grantee hereby agrees to defend, indemnify and hold Grantor harmless from and against any and all liabilities, damages, costs, judgments, suits, expenses and fees, including without limitation, reasonable attorneys' fees, and costs of enforcing this indemnity, incurred by Grantor and arising out of or in connection with (i) Grantee's breach of any agreement or covenant on its part to be performed hereunder, and (ii) any injury to person or property resulting from any act or omission of Grantee, its employees, agents or contractors, relating to the Facilities and/or the Easement Parcel; b. Grantor hereby agrees to defend, indemnify and hold Grantee harmless from and against any and all liabilities, damages, costs, judgments, suits, expenses and fees, including without limitation, reasonable attorneys' fees and costs of enforcing this indemnity, incurred by Grantee and arising out of or in connection with (i) Grantor's breach of any agreement or covenant on its part to be performed hereunder, and (ii) any injury to person or property resulting from any act or omission of Grantor, its employees, agents or contractors relating to the Facilities, and/or the Easement Parcel. 3 4. Easement and Covenants Appurtenant. The easement granted, created and made herein, together with the benefits thereof, shall run with the Guilford Avenue right of way and the 116` Street ROW and inure to the benefit of Grantee and its grantees, successors and assigns. The easement granted, created and made herein, together with the burdens thereof, shall run with and bind the Easement Parcel, and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Easement Parcel, and the 116 Street ROW, as applicable, shall run with the Easement Parcel, and the 116 Street ROW, and shall inure to the benefit of and be binding upon Grantor, Grantee, as applicable, and their respective grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, a non breaching party may bring an action to exercise any remedy available hereunder, at law or in equity, and if successful in any such action, recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and reasonable attorneys' fees). 5. Representations and Warranties. Grantor represents and warrants that it is the owner in fee simple of the Easement Parcel, lawfully seized thereof and it has a good right to grant and convey the easement granted herein. Grantor warrants the quiet use and enjoyment of the easement granted herein, and further warrants that excluding a mortgage lien interest the record release of which Grantor shall subsequently obtain from its mortgage holder within not more than ninety days from the full execution hereof, and the afore described sixty foot (60') retained utility easement interest, the Easement Parcel is free from all encumbrances inconsistent or superior in right to the grant of easement herein. Grantor shall defend Grantee's title in and to the easement granted herein against all persons and entities claiming by or through Grantor. 6. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana. 7. Execution in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one document. 8. Notice. Any notice, demand, consent, election or other communication required or permitted under this Agreement must be in writing and either delivered personally or sent by certified or registered U.S. mail, postage prepaid, return receipt requested to a party at the following address: Grantor: Grantee: PSI ENERGY, INC. City of Carmel, Indiana 1000 East Main Street Department of Public Works Plainfield, IN 46168 One Civic Square Attn: Real Estate Services Carmel, IN 46032 Attn: 4 Any notice or other communication delivered personally will be deemed delivered at such time. A notice or other communication that is delivered by mail in the manner prescribed herein shall be deemed given three (3) business days after it is mailed. Any party may designate, by written notice to the others, a different address or individual recipient. 9. Severability. Each provision of this Agreement shall be considered severable, and if, for any reason, any provision herein is determined to be illegal, invalid or unenforceable, such illegal, invalid or unenforceable provision shall not affect the operation or effect of those provisions in this Agreement that are legal, valid and enforceable. 10. Authority. Each of the undersigned person(s) signing on behalf of Grantor and Grantee, respectively, severally represents and warrants that he /she is a duly elected officer of the entity he /she represents and has been fully empowered by proper resolution of the Board of Directors or other governing body of such entity, to execute and deliver this Agreement; that the entity he /she represents has full capacity to enter into this Agreement and to perform the obligations on its part to be performed; and that all necessary internal actions have been taken with respect to such entity in connection with this Agreement. 11. Further Assurances. Each party hereby covenants and agrees to furnish or obtain any and all necessary signatures and documents which may be required to perform or observe the covenants herein contained and to permit the other party to do all things necessary or helpful to fulfill its obligations or enjoy the rights hereunder. IN WITNESS WHEREOF, Grantor and Grantee have executed this Drainage Easement Agreement as of the date first written above. GRANTOR: GRANTEE: PSI ENERGY, INC., an Indiana corporation CITY OF CARMEL N 0- ANA, an Indiana municipal corporat' By: By: Printed: Kay E. Pashos Printed:, Title: President Ti 5 STATE OF INDIANA SS: `.,`C, ,A F N 14rp)a2lcx.5 i 0., --.,,,!,,v14.44.11,11; etor -me, a Notary Public in and for said County and State, personally appeared Kay E. r` Pas .the.Prsident of PSI Energy, Inc., an Indiana corporation, who, having been duly sworn, :..ack'no�pw� the truth and accuracy of the representations made herein to the best of her personal�lga 'wledge, and the execution of the foregoing Drainage Easement Agreement for and i o i 1 said corporation. Witness my hand and Notarial Seal this day of 0 AJI.fil-A. y 2005. My commission expires: 1 q' -0D 7 Xa,,,,-, ^J Notary ublic I am a resident of R-1-f J car rbicS County, L /9 ti j". i &2 Printed Name STATE OF INDIANA SS: COUNTY OF Before me, a Notary Publ in and '.r said County and State, personally appeared the of the City of Carmel, Indiana, an Indiana municipal corporation, who, having be' duly orn, acknowledged the truth and accuracy of the representations made her- and t? execution of the foregoing Drainage Easement Agreement for and on behalf of sai munic al corporation. Witness m, and .v d Notarial Seal this day of 2005. My commiss' expi s: Notary Public I am a r-.:.` dent o. County, Printed Name This instrument was prepared by Donald R. Russell, Attorney at Law, HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282, (317) 633 -4884. Return following recording to: Donald R. Russell, Attorney at Law, HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282, (317) 633 -4884. 59450 1 /DRR 10/30/03 6 "GRANTEE" THE CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY By: i r J. es Brainard, Presiding Officer I ate: 11 X./ Mary Ann A urke, IVI4mbp Date: I, S' Lori S. Watson, ber Date: I Io 0 S ATT ..ST: '`i auk .c. .nson, 1 e�s J lerl aan Svpdau •una L. `o ,dr. .A Jerk- Treasurer 6aa®sugor "l, ,,M 1 Date: l 0.. 1r i STj °ANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared` James Brainard, Mary Ann Burke and Lori S. Watson, by me known, and by me known to be the Mem;e>ts_`q 1. �ity of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk Treasurer 4PTh0 y (inel, Indiana, who acknowledged the execution of the foregoing Drainage Easement ree�ineri on ukof the City of Carmel, Indiana.`' h.y I;..OI W my hand and Notarial Seal this �`•i4:' of l{L 6;S J �t 94 L/ NOTARY PUBLIC L� My Commission Expires: ann DatiLS •M /ar Printed Name County of Residence. c'i1`L1 7 EXHIBIT A LEGAL DESCRIPTION FOR EASEMENT PARCEL See attached legal description EXHIBIT "A" Project: STP -B886( Sheet 1 of 2 Parcel: 18C Perpetual Drainage Easement A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within the right -of- way lines depicted on the attached Right -of -Way Parcel Plat marked as Exhibit "B described as follows: Commencing at the southeast corner of the West Half of said quarter section, said southeast corner being designated as point "233" on said parcel plat; thence South 89 degrees 28 minutes 02 seconds West 20.117 meters (66.00 feet) along the south line of said quarter section to the southwest corner of the grantor's land; thence North 0 degrees 04 minutes 19 seconds West 149.965 meters (492.01 feet) along the west line of the grantor's land; thence North 89 degrees 57 minutes 00 seconds East 22.290 meters (73.13 feet) to point "883" designated on said parcel plat; thence South 0 degrees 03 minutes 00 seconds East 110.000 meters (360.89 feet) to point "884" designated on said parcel plat; thence South 38 degrees 56 minutes 13 seconds East 4.564 meters (14.97 feet) to point "885" designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 90.000 meters (295.28 feet) to point "886" designated on said parcel plat which is the point of beginning of this description: thence North 78 degrees 09 minutes 27 seconds East 10.198 meters (33.46 feet) to point "887" designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 5.000 meters (16.40 feet) to point "888" designated on said parcel plat; thence South 79 degrees 13 minutes 22 seconds East 15.297 meters (50.19 feet) to point "889" designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 10.000 meters (32.81 feet) to point "890" designated on said parcel plat; thence North 41 degrees 36 minutes 18 seconds East 28.320 meters (92.91 feet) to point "891" designated on said parcel plat; thence North 89 degrees 28 minutes 02 seconds East 21.000 meters (68.90 feet) to point "892" designated on said parcel plat; thence South 34 degrees 13 minutes 22 seconds East 18.028 meters (59.15 feet) to point "893" designated on said parcel plat; thence South 0 degrees 31 minutes 58 seconds East 13.000 meters (42.65 feet) to point "894" designated on said parcel plat; thence EXHIBIT "A" Project: STP -B886( Sheet 2 of 2 Parcel: 18C Perpetual Drainage Easement North 89 degrees 28 minutes 02 seconds East 17.279 meters (56.69 feet) to the east line of the West Half of the East Half of said quarter section at point "648" designated on said parcel plat; thence South 0 degrees 08 minutes 39 seconds East 5.000 meters (16.40 feet) along said east line; thence South 89 degrees 28 minutes 02 seconds West 13.245 meters (43.45 feet) to point "913" designated on said parcel plat; thence South 68 degrees 54 minutes 41 seconds West 8.544 meters (28.03 feet) to point "912" designated on said parcel plat; thence South 89 degrees 28 minutes 02 seconds West 81.000 meters (265.75 feet) to point "911" designated on said parcel plat; thence North 17 degrees 53 minutes 12 seconds West 16.763 meters (55.00 feet) to the point of beginning and containing 0.2229 hectares (0.551 acres), more or less. This description was prepared for the City of Carmel by John M. ±7,: Garvey, Indiana Registered Land Surveyor, License No S0148, on the utksrX *L 9 day of April, 2004. 1 fl This description was written from information obtained from the recorder's office and other sources which were not necessarily checked tY ;M .:"4' by a field survey. �w k L likes W EXHIBIT "B" SHEET 1 OF 2 RIGHT —OF —WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL PARCEL: 18 OWNER: PSI ENERGY, INC. PROJECT: STP-B886( DES. NO.: 9785910 9785911 ROAD: 116th STREET DEED BOOK: 324, PAGE 340 DATED: 1 -02 -81 DRAWN BY: C.J. HOGSTON, 10 -28 -01 COUNTY: HAMILTON INSTRUMENT NO. 9709727548 DATED: 6 -17 -97 CHECKED BY: J.R. RITTER, 10-31-01 SECTION: 36 TOWNSHIP: 18 N. '�j, Hatched area is the RANGE: 3 E. [11_� approximate taking. Dimensions shown below are from the above listed record documents. 0 200' 400' Centerline stationing tic marks are shown of 100 meter intervals. 66.00' SCALE: 1' 200' t. NE Corner, 771.40' W %2, SW� /4, 36 -18 -3 727.60' 0 25' Sewer Esm't f Wildlife Habitat Z., A I 729.14' a C 4 I `L' 32' OD 20' Sewer Esm't 883 I A E Residue "A" I t r1) E ce 4 ow a.) CI 5900 a o 00 O@@ co 5 N 8 co CD N t° 642 565 R/W R/W '7 R/W 6 85 V 35 36 i MI--9- 36 36 729.96' 0 0 502 R/W (z) CD SE Corner r W 116th STRE �.J c? 560 0 40' W /2, SWIA, Line Pft 1 36 -18 -3 WOOD PARK, SECTION ONE "B c f HAMILTON COUNTY 0 O ti.p J Q 0 Revised 4- 07 -04: Changed proposed r /w, CJH Revised 3- 23 -04: Changed proposed r /w, CJH Revised 7- 11 -03: Changed proposed r /w, CJH This plat was prepared from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. 1 1 u EXHIBIT "B" SHEET 2 OF 2 RIGHT -OF -WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL PARCEL: 18 OWNER: PSI ENERGY, INC. PROJECT: STP -B886( DES. NO.: 9785910 9785911 ROAD: 116th STREET DRAWN BY: C.J. HOGSTON, 10-28-01 COUNTY: HAMILTON CHECKED BY: J.R. RITTER, 10-31-01 SECTION: 36 TOWNSHIP: 18 N. POINT REFERENCE TABLE (METRIC UNITS) RANGE: 3 E. (NOTE: STATIONS OFFSETS CONTROL OVER BOTH NORTH EAST COORDINATES AND BEARINGS DISTANCES) POINT CENTERLINE STATION OFFSET NORTHING EASTING 233 "PR 1" 1 +604.713 3.200 Rt. 4632.801 4610.882 502 "PR -1" 1 +200.059 3.435 Rt. 4629.038 4206.187 508" "PR -V' 2 +009.481 3.200 Rt. 4636.563 5015.612 522 "S -2 -A" 5 +840.000 0.000 Rt. 4792.578 4589.859 560 "PR -1" 2 +009.460 0.000 Rt. 4639.763 5015.582 565 "PR -1" 1 +226.583 0.000 Rt. 4632.485 4232.739 642 "PR -1" 1 +910.000 20.000 Lt. 4658.838 4915.940 648 "PR -1" 1 +807.279 25.000 Lt. 4662.882 4813.178 3 3 3 685 "PR -1" 1 +583.856 0.000 Rt. 4635.807 4589.996 a 685 "S -2 -A" 5 +996.772 0.000 Rt. 4635.807 4589.996 0. 882 "S -2 -A" 5 +850.000 4.877 Lt. 4782.582 4594.745 C1 c 0 8 "S-2 -A" 5 +850.000 23.000 Lt. 4782.598 4612.868 2 0 884 "S-2 -A" 5 +960.000 23.000 Lt. 4672.598 4612.964 0 o 885 "PR 1" 1 +610.000 33.000 Lt. 4669.048 4615.833 cc CD CD o, 886 "PR -1" 1 +700.000 33.000 Lt. 4669.885 4705.829 L L L 887 "PR -1" 1 +710.000 35.000 Lt. 4671.978 4715.810 c' c) 888 "PR -1" 1 +715.000 35.000 Lt. 4672.024 4720.809 889 "PR -1" 1 +730.000 32.000 Lt. 4669.164 4735.837 a o N 890 "PR -1" 1 +740.000 32.000 Lt. 4669.257 4745.836 4 c 891 "PR -1" 1 *759.000 53.000 Lt. 4690.432 4764.640 0 1 1 -0 892 "PR -1" 1 +780.000 53.000 Lt. 4690.628 4785.639 mmm 41' C13 a3 893 "PR -1" 1 +790.000 38.000 Lt. 4675.721 4795.778 894 "PR -1" 1 +790.000 25.000 Lt. 4662.722 4795.899 x cc cc cc 911 "PR -1" 1 +705.000 17.000 Lt. 4653.932 4710.977 912 "PR -1" 1 +786.000 17.000 Lt. 4654.685 4791.974 913 "PR -1" 1 +794.000 20.000 Lt. 4657.759 4799.945 SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the 'Location Control Route Survey Plat' recorded as Instrument No, 200000059060 in the Office of the Recorder of Hamilton County, Indiana, (incorporated herein and made a part hereof by reference) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1 -12, (Rule 12). 11iiirt rrNi��� v vv Farrar, Garvey Associates, LLC `Z MS T G I/ P 8,925 N. ,Meridian r Indianapolis, IN 46260 O o K917)8144,900 fFAX 4217)811-,9156 No. 50148 Ov STATE OF 4 -09 -04 '9,y'•. �NOIAN/'' J. M. Garve Date SURV Reg. Land Surveyor No. S0148 �r /NrrifiiiiUt'''' State of Indiana