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HomeMy WebLinkAboutCommitments RECORDED0 44:1 Imma at- I COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE PYO v���Y 9020914 v ®a The undersigned (hereafter "Owner "), being the Owner of the real estate described in Exhibits A (Real Estate 2), Exhibit A -1 (Real Estate 3), Exhibit A -2 (Real Estate 4), Exhibit A -3 (Real Estate 5) and Exhibit A -4 (Real Estate 6) respectively (hereinafter sometimes jointly referred to as the "Real Estate ") hereby unilaterally and voluntarily commits to the Carmel Plan Commission (hereafter the "Commission ") as follows: 1. Description of Real Estate - See Exhibits R through A -4 inclusive. 2. Docket No. - 40 -90 -Z ThlslnetrumentRecorded 1%O Sharon K. Cherry. Recorder, tfemMion County,IN 3. Statement of Commitments A. Owner commits that Real Estate 2 and Real Estate 3 shall be developed pursuant to the Site Development Plan attached hereto as Exhibit B (Site Development Plan). B. Owner commits that the Site Development Plan as to Real Estate 2 and Real Estate 3 shall not be substantially altered except as recommended by the Department of Community Developme :lt, the Carmel Plan Commission or the Carmel City Council. C. Owner consents to the annexation of the Real Estate to the City of Carmel, Indiana. D. Owner, in conjunction with Tri- County Mental Health Center, Inc., commits to cause the roadway improvements described on Exhibit C hereto to be constructed. E. Owner commits that the provisions of the B -6 Business District Classification notwithstanding, the permitted uses and special uses listed on Exhibit D hereto shall be prohibited on the Real Estate. F. Owner commits that notwithstanding the permitted uses and special uses provided for in the B -6 Business District Classification, the uses defined as "Excluded Uses" under Section 23.01 -7 of the Zoning Ordinance of the City of Carmel, Indiana shall be prohibited on the Real Estate. G. Owner commits that development of Real Estate 2 and Real Estate 3 shall be subject to Carmel Plan Commission review and approval of architectural design, landscaping, lighting and signage as provided in Section 23.01 of the Zoning Ordinance of the City of Carmel, Indiana. 4 y _ H. Owner commits that no building constructed on Real Estate 2 shall exceed the lesser of 50 feet or 4 stories in height. I. Owner commits that the use of Real Estate 3 by Owner shall be limited to signage. 4. Binding on Successors and Assigns. These commitments are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by the rules of the Commission. 5. Effective Date. The commitments contained herein shall be effective upon the adoption of an ordinance by the Carmel City Council changing the zoning classification of the Real Estate2 and Real Estate 3 from R -2 to B -6. 6. Recording. The undersigned hereby authorized the Director of Community Development or the Secretary of the Carmel Plan Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana upon the granting of the approvals referred to in paragraph 5 above. 7. Enforcement. These commitments may be enforced by the Carmel Plan Commission and the City of Carmel, Indiana. 8. Compliance Confirmation. The Director of the Department of Community Development, Carmel, Indiana, shall, when requested by the Owner, give written assurance, in letter form, that the Owner has or has not complied with these commitments. Executed this Vg day of Jwng , 1990. PRO -MED LTD., an Indiana Limited Partnership BY 2 1 -4lner General 9a ..09/yL STATE OF INDIANA COUNTY OF HAMILTON ) SS: The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing by Robert Hughes, Managing General Partner of Pro -Med Ltd., an Indiana Limited Partnership. WITNESSETH this /Oh day of June, 1990. `rte a: • �iJl�l� ti : Printed Name My Commission Expires: Residi County Prepared by: James J. Nelson, NELSON & FRANKENBERGER, 3021 East 98th Street, Suite 220, Indianapolis, IN 46280 06/14/90 3 90).0914 • • Part of the Northwest Quartor of the Northwest Quartor of Suction 25, 7owr.i hip ' 18 North, Range 3 East in Hamilton County, Indiana; described as follow_: Beginning at a point on the East lino of sold Northwest Quarter Section South 00 degrees 08 minutes 12 soconds East (assumod bearing) 777.80 feet from the Northeast corner thereof; thonce continuing along said South lino South CO degrees 08 minutes 12 seconds East 19.60 font; thenco South 10 dogroos 42 minutes 23 seconds Nast 92.32 feot; thonco South 39 dogroos 19 minute., 01 seconds East 56.39 foot; thonco South 06 dogroos 09 minutos 02 seconds west 144.99 foot; thence South 53 dogroos 39 minutos 23 second:. West 150.43 'uet; thence South 18 dogroes 38 minutos 08 soconds West 68.06 foot; thenco South 68 degrees 29 minutes 46 seconds Wost 258.78 foot to a point on tho South lino of sold Quarter Quarter Section 925.00 foot from tho Southwost corner thereof; thence along tho South lino of said Quarter Quarter Suction South 88 degrees 44 minutes 03 seconds Wost 394.71 foot; thenco North 35 minutes 31 seconds 32 seconds East 512.22 foot to a point on a curve to tho right having a radius of 300.00 foot, the radius point of said curve boars North 67 dogroos 15 minutes 21 soconds East from said point; thenco Horthwosterly along said curve 113.37 foot to the point of tangency thereof, the radius point of said curvo boars North 89 dogroos 51 minutos 48 seconds East from said point; thonce ilort►, 00 degrees 08 minutes 12 seconds West 283.38 fent to tho point of curvature of a curve tO the Left having a radius of 25.00 foot, the radius point of said curve bears South 89 degrees 51 minutos 48 soconds Wost from said point; thenco Northerly and 19ostorly along sold curvo 39.81 foot to tho point of tangency thereof, the radius point of said curvo boars South 1 dogroos 21 minutes 55 seconds East from said point; thonce South 88 degroos 38 minute:: 05 soconds Wost 130.64 foot to the point of curvature of a curvo to the right having a radius of 300.00 foot, tho radius point of sold curvo bears. North C1 degroes 21 minutes 55 soconds Wost front said point; thenco Westoriy and Northwestoriy along said curvo 193.16 foot to tho point of tangency thereof, tho radius point of said curve bears North 35 dogroos 31 minutos 32 seconds East from said point; thence North 54-dogrees 28 minutos 28 soconds Wc.t 98.93 feet to tho Southurly lino of Old U.S. Highway .31; thonco along said Southorly line North 35 dogroos 31 minutes 32 seconds East 83.63 foot to tbn point of curvature of a curvo to tho right having a radius of 2814.79 foot, tho radii;;, point of said curvo bears South 54 dogroos 28 minutos 28 seconds East from said point; thenco Northoastorly along said curvo 210.41 foot to a point on 44.14 A �> .:••. �: Ti i�ti!1: + :F16,a.'i i�.4iP y.ia.4iti :;�w 1:.� "� >i k r .a . :11.91,!%"' . �.:� :ti i. • �.(.S"i•h' it 1411, qt5i 'E;eV it ;.1�?i x34aj f.','� r r71• :1- .•ii4. •r.,gtr. 1. •�e �'�'KP :H �.: ;. i���;,,i ,2..111 1.Is � 1git 413+n-= ^iry*!"w'1.."kl't:�. �•TCKS..m�{N NC('I• :- tho Southerly right of way line of Smokoy Row Road (134th Stro•,t) per Warranty Deed to the State of Indiana, datod October 7, 1971, tho plans for said road as a part of tho relocation of U.S. Highway 31 dosignatod as 'SIC Project ST -F- 222(9), tho radius point boars South 50 dogreos 11 minutos 29 seconds East from said point; said point also bolng on a non - tangent curve to tho right having a radius of 437.16 foot, tno radius point of said curve boars South 38 degreos 19 minutos 10 seconds East from said point; thonco Easturly along said curve 292.49 foet to a point that bears North 01 dogrees 19 minutes 16 seconds West from said radius point; thonce North 75 degrees 12 minutos 25 seconds East 96.34 feot along said right of way lino; thunco porpondlcular to tho North line of said Quarter Quartor Section North 01 degrees 21 minutes 55 : seconds West 20.00 foot to a point en the North line of said Quarter Quartor 'Section; thence along said North lino North 88 dogroos 36 minutes 05 seconds East 165.99 foot to a point 221.00 foot West of tho Northeast cornor of said Quartor Quartor Soction; thence parallel with tho East lino of sold Quartor Quartor Section South 00 degrees 08 minutos 12 seconds East 217.00 feet; thence parallel with tho North lino of sold Quartor Quartor Section North 68 degreos 30 minutos 05 seconds East 37.00 foot; thonce parailol with said East line South 00 dogroos 08 minutos 12 seconds East 560.80 foot; thonce parailol with said North lino North 88 dogroos 38 minutos 05 seconds East 184.00 foot to tho place of beginning, contolning 14.89 acros, more or less, and subject to all logel easor.onts, rights of way and oasomonts. al„bit A - tonlnwttt 9°,109 L t— Part of tho northwest Quartor of Section 25, Township 18 North, Range 3 Lest In Hamilton County, Indiana, doscribod as follows: • CommoncIng at tho tk. theast corner of said Q,:artcr Section; thonco along tL North Ilno thereof South 88 dogroos 38 minutes 05 wc:,nds West fa::.uced boaringl 686.01 feet to tho Southosstorly limited access rigt,t of vey lino of U.S, Highway 31 per plans thoroof designated 177410 Project ST -F- 22719;; thence along sold right of iof lino South da,roos G1 minutes ;:s soccnds west 230.56 foot to tho Place of loginnirg, said point being on a hen-teng nt curve to fho right having a radius of 3964.72 foot, sold point alto being on the flortnwoster!y right of way lino of Old U.S. Highway 31 designated ISHC Project 222 - Section 0 dated 1931, tho radius point of said curvo boars North 30 dogroos 24 minutos ?5 seconds West from sold point; thonco a1onj sc;ie curvy, and.ltmtted access right of way lino Southwesterly 361.31 toot to :: pvint that bears South 25 dogroos 11 minutes 07 seconds from said radius point; thence along said limited accoss right of way lino South 6 dogroos 24 minutos :t, seconds West 117.23 foot; thonco South 61 dogroos 00 minutes 54 soco:,ds East 102.86 foot to the r:orthwostorly right of way lino of Old U.S. Highway 31; thence along said ri.)rtnwostorly right of way Ilno forth f.`, dogroos 3` m :r,uto :. 32 seconds East 282.L3 foot to tho point of cui vaturu of a curve to tr..' right Laving a radius of 2914.79 foot, tho radius point of sold curl.0 Ie.:rs outh 54 dogroos 28 minutes 29 seconds East Fran said point; thnnc,, Uor t l:uaro c.t l v alone) said right of way lino and curvo 130.65 foot to the place of bugir.nin,r, contain;ng 0.85 acres, more or Toss, and subject to all legal highway:,, rights of way and oasomonts. Part of the Northeast Quarter of tho Horthwost Quarter of Soction 25, Township '18 North, Rango 3 East In Hamilton County, Indiana, described as follows: Beginning at the Southwost cornor of said Quartor Quarter Suction; thence along the Wost lino thereof (on an assumed bearing of) North 00 dogroos 06 minutes 32 seconds West 276.12 foot to tho center of a stream (the next 12 courses are along said stream); thence North 80 dogreos 07 minutes 41 seconds East 54.25 feet; thence South 73.degroos 57 minutes 41 soconds East 45.55 feet; thence South 82' degrees 12 minutes 46 seconds East 54.31 foot; thence South 2 degrees 50 minutes 58 seconds Wost 21.65 feet; thence South 35 degrees 04 minutes 05 seconds West 41.98 foot; thence South 18 dogreos 54 minutes 49' seconds East 20.26 feet; thence South 58 dogroos 01 minutes 56 seconds Eint 51.32 feet; thonco South 67 dogroos 51 minutes 11 soconds, East 115.13 foot; , thence North 74 dogreos 49 minutes 08 seconds East 47.36 feet; thonco South 60 dogreos 49 minutos 49 seconds East 50.89 foot; thence South 85 degrees 38 minutes 09 seconds East 81.49 foot; thence South 59 dogreos 09 minutos 49 seconds East 115.06 foot; thence South 35 dogroos 31 minute:; 32 soconds Wo:,t 37.11 feet to the South Zino of said Quarter Quartor Soct:on; thenco alc.ne said South lino South 88 dogroos 44 minutos 03 soconds Wost 530.29 foot to the placo of beginning. containing 1.90 acros, moro or loss, and subject to ail legal highways, rights of way and easements. . .•..l•.• A..4 to r••• u.•}..et�•]F sib "Jr•!i<Y 'Nr . 11 •�`4►Ni9 .i s? ,t alt i'E�'p".ein *. 74:2Fj.1441' r r.4;1i' '.�`!.rtiig►k.'∎k�I4...'',.. :, w;.�w ., oao 4 ».s;r.• �1X: i•"lS.^ : �• : :+t K' ]•I�•'. •A'r ■• t` $41, •: -S : 'r rt! i� ,�: ••;^•• '. 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' � y' .,.?in -t: : x l;,j'i:.i'••• ii e� :<et.K!e;i€r :� ;r: r• - �kt.t i __ - -'. _ �� Sti�i '1,14, n&f.-1,- o. lent. »d� r......it.. t3 i ?.. {" ► ,,.:•r shy �; Part of tho Northoast Quartor and tho Northwost Quartor of Suction 25, 'Township 18 North, Range 3 East in Hamilton County, Indiana, doscrlbed as follows: Beginning at a point on the Wost lino of said Northoast Quartor Suction South 00 degrees 08 minutes 12 soconds East (assurnod boaring) 797.40 feet from the Northwest corner thereof; thenco South 89 dogroos 02 minutos 22 seconds East 506.22 foot along the South lino of Frooman (Dood Rocord 194, page 127) to an oxtonslon of tho Westerly lino of tho Hamilton County Park and Recroation Board (Deed Record 307, page 728); thonco along said extension and Wostorly line South 14 degrees 46 minutes 36 soconds Wost 433.38 feet; thence South 0 degrees 13 minutes 24 soconds East 347.00 foot to a point 1051.90 feet North Of the South Ilne of sold Northeast Quarter Suction as measured parallel with the East line of tho West Half of said Northeast Quarter Section; thenco South 88 degrees 42 minutes 47 seconds West 777.30 foot to o point 925.00 feet East of the West line of the East Half of said Northwost Quarter and 265.60 feet South of the North lino of tho Southeast Quarter of tho said Northwest Quarter; thence North 00 dogroos 06 minutos 32 soconds West parallel with the West lino of the East Half of "said Northwost Quartor 265.00 foot to the North ling of the Southoast Quartor of said Northwost Quartor; thence north E8 degrees 29 minutes 46 seconds East 258.78 foot; thence South 30 dogroos 59 minutes 19 seconds East 66.38 feet; thenco North 87 dogroos 30 minutes 11 seconds East 87.07 feet; thence North 73 degrees 52 minutos 14 seconds East 122,90 feet; thence South 63 degrees 27 minutes 27 seconds East 76.40 feet; thence North 60 degrees 19 minutes 30 seconds East 80.46 feet; thenco iorth 03 degrees 36 minutes 17 seconds East 49.41 feat; thence North 39 dogroos 19 minutos 01 seconds East 83.36 foot; thenco North 02 dogroos 43 minutes 34 seconds West 163.31 foot; thenco North 29 dogroos 25 minutos 52 soconds East 98.00 foot; thenco North 74 dogreos 35 minutes 08 soconds Wost 99.91 foot; thenco South 67 dogroos 07 minutes 46 soconds Wost 92.73 fevi; thence North 51 dogrees 55 minutos 42 seconds West 104.58 foot; thonco north 84 dogroos 01 minutos 20 seconds Wost 74.10 feof; thonco North 01 dogroos 42 minutes 23 soconds East 20.76 foot to tho place of beginning, containing 7.62 acros, moro or loss, and subject to all legal highways, rights of way and casomor:ts. — 3 j..• -gin � r:i,• �riT} • 1, i:�%. +,!i •,ti tyi,ti :St *I∎i°,Wi !4�ih " %i;yi; ;::..; r Part of the Northoast Quartor and tho Northwest Quartor of Section 25, Township 18 North, Rango 3 East in Hamilton County, Indiana, dosc.-ibod as tollows: Commencing at the Northwest corner of said Nrtrthoast Quarter; thence along tho West line thereof South 00 degrees Od minutes 12 soconds East (assurrod • Doering) 797.40 foot; thenco South 10 dogreos 42 minutes 23 seconds West 20.76 foot to the Point of Boginning; ihonco continuing South 10 dogroos 42 minutes 23 seconds West 71.56 foot; thonco South 39 dogroos 19 minutes 01 seconds East 56.39 feet; thence South 06 dogreos 09 minutes 02 soconds West 144.99 foot; thence South 53 degrees 39 minutes .3 seconds West 150.43 feet; thonco South 16 degrees 38 minutos 00 soconds Wost 68.06 foot; thence South 30 dogreos 59 minutes 19 seconds East 66.38 feet; thence North 87 dogroos 30 rninutos 11 seconds East 87.07 foot; thence North 73 dogroos 52 minutos 14 soconds East 122.90 feet; thence South 63 dogroos 27 minutos 27 soconds East 76.40 foot; thence North 60 degrees 19 minutes 30 seconds East 80.46 foot; thence North 03 degrees 36 minutos 17 seconds East 49.41 foot; thonco North 39 degrees 19 minutes 01 seconds East 83.36 foot; thonco North 02 dogreos 43 minutes 34 .seconds Wost 163.31 foot; thence North 29 dogroos 25 minutes 52 seconds East 98.00 feet; thence North 74 dogreos 35 minutes 08 seconds Wost 99.91 foot; thence South 67 dogreos 07 minutes 46 soconds Wost 92.73 foot; thonco North 51 degrees 55 minutos 42 seconds West 104.58 foot; thonco North 84 degrees 01 minutes 20 seconds West 74.10 foot to the place of beginning, containing 3.10 acros, more or loss, and subfoct to all logal highways, rights of way and easements. eAti- 14 ' tiusm•. 7urkutii' +d.,:.ti.`�r:'�sViaAlGt�v1?bi#iP r.c.wEa+i::s= rw'.t':�^.+w —tilt ^+..:: ,.••^ • .3 a .H 1 S. + t' y}.•. -•,.�. 7:`E7 ='t••• °+i +i , ..e.•. �I. �.- s ..t # ;,,. '"+. . n, z , =i., . l+rs'k$ iM�i�lpli.�N• .y�p,.1'{� •t+}� .:T: .:i =. %1i.• •.i!_S_R:_ 711Y°1l:l�T%T�!t +' S t S. {.'.�..�'•W,: 1 iii- :�:'t. •.�Y Y' :;}: ?�. : "; ::� • `•�.t ::!iy�i; ,ys y ,,,•.;•.•;.Ti a sy'��XK: - +�:t . s•. •*�:�wt:.,. Yi r Auto parts and tire center Automobile or mobile home sales Automobile service station Boat sales Bowling alley Commercial parking lot Farm implement sales Furniture store Indoor theater Kennel, residential License bureau Lumber or building materials sales (enclosed) Motor bus or railroad passenger station Power transmission line Recreational vehicle sales Stadium or coliseum Tavern or night club Tennis or racquet ball facility Veterinary hospital, without kennel Automobile or truck repair (enclosed) Carnivals, fairs, circuses, etc. Cemetery Commercial greenhouse Commercial recreational enterprise or facility Country club Drive -in restaurant (curb or window service) Garden shop Golf course Grocery store Meat market Mineral extraction, borrow pit, top soil removal & their storage Mobile home, temporary uses (one year maximum) Newspaper publishing or printing plant Plant nursery Rental agency Roadside sales stand Skating rink Supermarket Veterinary hospital, with kennel a:Jolt D This Instrument Recorded , 3 1990 Sharon K. Cherry. Recorder. Hamfton County, IN 9oa -091 Li 9020917 COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE The undersigned, Pro -Med, Ltd. (hereafter "Pro- Med "), the owner of the following described Real Estate located in Hamilton County, Indiana (hereafter the "Real Estate "), makes the following COMMITMENTS concerning the use of the Real Estate to the Carmel Plan Commission and the City of Carmel (hereafter jointly the "Commission "): 1. Description o J e11 Estate - See Exhibit A attached hereto ( "Real Estate "). 2. pocket No. - 40 -90 -Z. 3. Statement of Commitments - (a) Pro -Med commits that the review process of the Commission as to architectural design, landscaping, lighting and signage ( "ADLS ") shall include a public hearing with notice provided pursuant to the rules of the Commission. (b) Pro -Med commits that the ADLS application will include a definitive tree preservation plan. (c) Pro -Med, in conjunction with Tri- County Mental Health Center, Inc. and other owners of real estate in the vicinity of the Real Estate, commits to contribute its fair share to the coat and preparation of a traffic study by an engineering firm selected by the City of Carmel, except that the fair share of Pro -Med and Tri- County Mental Health Center, Inc., in the aggregate, shall not exceed $ 4000.eo . 4. 8 nd rg. en Sucges ors and Assigns - This commitment is binding on the Owner of the Real Estate, each subsequent owner of the Real Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. This Commitment may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by the rules of the Commission. 5. active Date - The Commitment contained herein shall be effective upon the adoption of an ordinance by the Carmel City Council changing the Boning classification of the Real Estate from the R -2 District Classification to the B -6 District Classification. 6. Eecerding - The undersigned hereby authorises the Director of Community Development or the Secretary of the Carmel Plan Commission to record this Commitment in the Office of the Recorder of Hamilton. County, Indiana upon the granting of the approvals referred to in paragraph 5 above. 7. Enforcement - This Commitment may be enforced by the Carmel Plan Commission and the City of Carmel. Executed this 1/ day of July, 1990. 71t10 Instrument Recorded.' 1fl9G Sharon K. Chorry, Rocorder. Hamilton County, IN PRO -MED, LTD., an Indi =.ra Limited Partners BY: rt Hughes M agin. s eral P ner DOCD STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing by Robert Hughes, Managing General Partner of Pro -Med Ltd., an Indiana Limited Partnership. NITNESSEIR th4s 3 day of July, 1990. Not Printed Name 07/05/90 PREPAY= DY; James J. Halson, Attorney at ID!? go Dow? ° ,~o CI °gym DO tn Part of tho Northeast Quartor of the Northw St Quartor of Suctionf2, Township 18 North, Range 3 f=ast in Hamilton County, 8oglnning at a point on the East lino of soid Northwest Quarter Section South 00 degrees 08 minutes 12 SOCOdS East boarIng) foot ofro OtFo Northeast corner thoroof; On degrees 08 minutos 12 soconds East 19.60 font; thencn South 10 desreos 42 minutes 23 seconds Most 92.32 feot; thonco South 39 dogroes 10 rainuto, 01 144.995 oost thence thenco roosh396minutoss239seconds West '150.43 West thennce e South out; g thence 18 dogroes 38 minutes 08 seconds West 68.06 foot; thenco South 69 dogreos 29 minutos 46 soconds Wost 258.78 foot to o point on the South lino of said Quarter Quarter Section 925.00 foot from the Southwest corner thereof; thence along tho South lino of said Quarter Quarter Section South 88 dejreos 44 minutes 03 soconds West 394.71 foot; thonco North 35 minutes 31 soconds 32o� seconds East 512.22 foot to a point on a curve to the right having a radius 300.00 foot, the radius, point of sold curvo boars North 67 doyr000 15 minutes 21 seconds East from said point; thonco Northwesterly along sold curve 113.37 foot to the point of tangency thereof, the radius point of said curve boars North 89 dogroes 51 minutos 48 soconds East from sold point; thonco north 00 dogroes 08 minutos 12 soconds Wost 283.38 feat to tho point of curvaturu of a curve to the left having a radius of 25.00 foot, the radius point of said curve bears South 89 dogroes 51 minutos 48 soconds Wost from said point; thenco Northorly and tlostorly along said curvo 39.81 foot to tho point of tangency thereof, tho radius point of said curvo boars South 1 dogreos 21 minutos 55 seconds Eost from said point; thonco South 88 degroos 38 minutes 05 soconds Wost 130.64 foot to the point of curvature of a curve lo inn rlyi.t having o radius of 300.00 foot, tho radius point of said er;rve bears, North C1 dogreos 21 iy mlnutos 55 along saidecurvo 193.16 footlto thotpointnof tangency tl�ornot, thotradiusrly mi the radius point of said curve bests North 35 2D minute' 28nsoconds Wcstn9C.93 East from sold point; thonco North 54 dogreos foot to tho Southerly lino of Old U.S. Highway 31;.thoncu along said Southerly line North 35 dogrcor, 31 minutos 32 soconds East 83.63 foot to tho point of curvaturo of a curvo to tho right having o radius of 2814.79 foot, the radius point of said curvo boors South 54 dogruos 20 mtnutos 28 seconds. East from said point?, thonco Northeastorly along said curvo 210.41 foot to a point on tho Southerly right of way .lino of Srokoy Row ;tend f134t1, Strnr,t) per Warranty Deed to the Stato of Indiana, datod October 7, 1971, the ptans for said road as a part of tho rolocatton of U.S. Highway 31 dosiinatud as ISHC Project S7 -F- 22219), tho radius point boars South 50 dogrens.ii minutos 29 seconds COSt from said point; said point also being on a non - tangent curve to the right having a radius of 437.46 foot, tno radius point of said curie bears s East from said point; thonco Cnsturly South 38 degroos 17 minu7os 10 soconrts along said curve 282.49 foot to a point that boors North 01 dogreos 19 minutns 16 soconds West from said radius point; thonco North 75 degrees 12 minutos 25 oo 0 soconds East 96.34 foot along said right of way lino; thonco porpondiculor to O tho North Ilse of said Quortor Quarter Section North 07 da9d`Dua�tcr minutes uartor5 0.• .� section West 20.00 foot saiod point lino Northo68hdogro sf36 minutos 05 soconds q. - Section; thonca.aleng _. I:6' ***4 East 165.99 foot to a point 221.00 foot Wost of tho Northoest cornor of said of Quortor Quarter Soctton; thence parallel with tho East lino of Laid Quarter oo Quortor Soctton South 00 dogroos 08 minutos 12 seconds East 217.00 feet; thonco porallal with tho North lino of sold Quortor Quarter Section North 08 dogreos 30 minutos 05 soconds East 37.00 foot; thonco paraltol with said Eost line South 00 dogroas 08 minutos 12 soconds East 550.80 foot; thence paroilnl with said North wino North 88 demons Eost 184.00 ubjoct to the place of iglus, right!: tits of way and oa'omonts. to all imgal .,,_. -ants, rig, d Part of tho Northwest Quarter of Section 25, Township 18 North, Rangy, 3 East in Hamilton County, Indiana, doscribod as follows: Commencing at tho Northeast corner or said Quarter Socllon; thence along t :.;t North lino thereof South 88 dogroos 38 minutn:. 05 soconds West (aur..ed boating) 686.01 foot to tho Southoa::torly limited access right of way lino of U.S. Highway 31 per plans thoroof doslhnatnd ISIIC ProJoct ST- F- 222(9); thence along said right of way lino South `y dogroos 01 minutos 58 snconds West 230.56 foot to tho Place of Ooginnirg, sold point being on a nun- tcngent curvo to the right halting a radius of 3964.72 foot, said point at o bolr,q on tho Northwesterly right of way lino of Old U.S. Highway 31 designated ISHC Project 222 - Section Q datod 1931, tho radius point of said curvo boars North 30 degrees 24 minutos 25 soconds Nost from said point; thonco along said curve and limited acce:.s right of way line Southwesterly 361.31 foot to c: point that bears South 25 dogrous 11 minutes 07 seconds from said radius point; thence alpng said Ilmitod access right of way lino South 6 dogroos 14 minutes 3o seconds Nest 117.23 fopt; thenco South 61.dogroos 00 minutes 54 soconds East 107.86 foot to tho Northwesterly right of way lino of Old U.S. Highway 31; thenco along said Northwesterly right of way i inn North 35 degrees 3' m:riutiss 32 soconds East 232.03 foot to tho point of curvaturo of a curve to ti.e right having a radius of 2914.79 foot, thn radius point of said curl.0 bears South 54 dogrous 28 minutos 23 seconds East from said point; thence Uor,lioasuc.r-Iv along said right of way lino and curvo 130.65 foot to the place of boginnin',, containing 0.85 acres, more or loss, and subject to all logal highways, rights of way and moments. . This Instrument Recorded Sharon K. Cherry, Recorder, Hamilton County, IN 90D-0917 i1 1 DQCD JUL 16 flSO RECEIVED t'" 9433478 w COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Pro-Med, Ltd., an Indiana Limited Partnership, and Tri-County Center, Inc., an Indiana corporation (jointly hereafter, "Owner"), make the following Commitments to the Cannel Plan Commission (hereafter, "Commission "). 1. Description of Real Estate: See Exhibits "A" and "A -1" ("Real Estate ") 2. Docket No. 56-94 DP /ADLS .~z yw �rti 07) F TO N• —«0 (—mcm -^v C7<. CrTal ,tea • 700 3. Statement of Contmitmenb w 0 A. Owner commits to install the roadway improvements at the intersection of Old Meridian and U. S. 31 pursuant to the plans therefor on file with the Department of Community Development under Docket No. 40 -90 -Z (Roadway Improvements"), at the request of the Cannel Board of Public Works and Safety following the date of December 31, 1997, if the Indiana Department of Transportation ("iNDOT ") has not commenced construction of its proposed project for similar or like improvements at the intersection of Old Meridian and U. S. 31 prior to December 31, 1997. B. Owner further commits to install the Roadway Improvements prior to December 31, 1997, at the request of the Carmel Board of Public Works and Safety, upon the detennination by the Carmel Board of Public Works and Safety that the project of INDOT has been cancelled. The foregoing notwithstanding, it is understood and acknowledged that the plans for the Roadway Improvements, if installed by Owner, requires the approval and consent of INDOT. C. Owner commits to install sidewalks within the right -of -way of and adjacent to Old Meridian and Smokey Row Road in conjunction With the construction of the Roadway Improvements, pursuant to plans approved by the Office of the City Engineer end INDOT. 4. Omani on Sgccsssorr find /signs. These commitments are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by the rules of the Commission. 5. 5fl cWs'e Date, The commitments contained herein shall be effective upon the approval of the applications filed with the Commission under Docket No. 56 -94 -DP /ADLS. t- f 1 6. Rigidei. The undersigned hereby authorizes the Secretary of the Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana, upon the granting of the approvals referred to in paragraph 5, above. • 7. linfgalemp These commitments may be enforced by the Commission and the City of Cannel, Indiana. S. Comaliaace Coullnoation. The Director of the Department of Community Development, Carmel, Indiana, shall, when requested by the Owner, give written assurance, in letter form, that the Owner has or has not complied with these commitments. Executed this ? day of Jane, 1994. PRO-MED, LTD. An Indiana Limited Partnership Title: Managing General Partner STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON) BEFORE ME, a Notary Public hi and for said County and State, personally appeared Robert Hughes, the Managing General Partner of Pro-Med, Ltd., who acknowledged the execution of the foregoing Conunitments.. WITNESS my hand and Notarial Seal Seal is 71 a 1day of June, 1994. ./. td i if 46- Jittt Notary Public, State of Indiana Residing in, n \1Vti C)k-, County My Commission Expires 17S-M6 -2- . U3 .3172 t • TRI-COUNTY CENTER, INC. By: Printed: Larry L. Burch Tide: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON) BEFORE ME, a Notary Public in and for said County and State, personally appeared Larry L. Burch, the Executive Director of Tri-County Center, Inc., who acknowledged the execution of the foregoing Commitments. .• la .• • WITNESS my hand and Notarial Seal thistitday of June, 1994: w4 I • No(94kblic, State of Indiana d" Residing in )2gatiA.County ) e My Commission Expires 2J a. 1 ' This Instrument Prepared By: James J. Nelson NELSON & FRANICE'NBERGER 3021 East 98th Street Suite 220 Indianapolis, Indiana 46280 243 .347? PARCEL 1 Part of the Northeast Quarter and the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Commencing at the Northeast comer of said Quarter Quarter Section; thence along the North line thereofon an assumed beating of South 88 degrees 38 minutes 05 seconds West 1306.37 !feet to the Northwest corner of said Quarter Quarter Section; thence along the West line of said Quarter Quarter Section South 00 degrees 06 minutes 32 seconds East 892.61 feet to the South right of way line of old U.S. P iglrway 31 (Meridian Street) said point also being the Point of Beginning; thence along said right of way line North 35 degrees 31 minutes 32 seconds East 665.00 feet to the South line of an access road; thence along said South line South 54 degrees 28 minutes 28 seconds East 98.93 feet to - the point of curvature ofa curve to the left having a radius of 300.00 feet, the radius point thereof bears North 35 degrees 31 minutes 32 seconds East from said point; thence along said curve and said South line Southeasterly and Easterly 193.16 feet to the point of tangency thereof, the radius point bears North 1 degrees 21 minutes 55 seconds West from said point; thence Mincing along said South line North 88 degrees 38 minutes 05 seconds East 130.64 fbet to the point ofcurvature ofa curve to the right having a radius of 25.00 feet, the radius point of said curve bears South 1 degrees 21 minutes 55 seconds Eart from said point; thence Easterly and Southerly along said curve 39.81 feet to the point of tangency thereoC the radius point of said curve bears South 89 degrees 51 minutes 48 seconds West from said poi said a cul -de -sac street; thence along point is also in the West right of way line of said West right of way line South 00 degrees 08 minutes 12 seconds East 283.38 feet to the point ofcurvature ofa curve to the left having a radius of 300.00 feet, the radius point of said curve bears North 89 degrees 51 minutes 48 seconds East from said point; thence Southeasterly along said curve 118.37 feet to a point that bears South 67 degrees lS minutes 21 seconds West from said radius point; thence South 35 degrees 31 minutes 32 seconds West 475.12 feet to the center ofa stream (the next 12 courses are along said stream); thence North 59 degrees 09 minutes 49 seconds West 11 5.19 feet; thence North 85 degrees 38 minutes 09 seconds West 81.49 feet; thence North 60 degrees 49 minutes 49 seconds West 50.8p fret; thence South 74 degrees minutes 08 seconds West 47.36 feet; thence North 67 degrees 51 minutes 1 i se ds9 West 115.13 fbet; thence North 58 degrees 01 minutes 56 seconds West 51.32 feet; thence North 17 degrees 05 minutes 11 seconds West 20,26 feet; thence North 35 degrees 4 minutes OS seconds East 41.98 abet; thence North 02 degrees 50 minutes 58 seconds East 21.65 !bet; thenCe North 82 degrees 12 minutes 46 seconds West 54.31 feet; thence North 73 degrees 57 minutes 41 seconds West 45.55 feet; thence South 80 degrees 07 minutes 41 seconds West 54,25 feet to the West line ofsaid Quarter Quarter Section; thence alon said West lino North 00 degrees 06 minutes 32 seconds West 144.97 feet to the place of 6 beginning, containing 11,30 acres, more or less, and subject to all legal highways, rights of way and easements. U.33178 Exhibit "A" PARCEL 2 Part of the Northeast Quarter of the Northwest Quarter of Section 25, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Beginning ace point on the East fine of said Northwest Quarter Section South 00 degrees O8 minutest 12 seconds East (assumed haring) 777.80 feet from the Northeast corner thereof: thence cow along said South line South 00 degrees 08 minutes 12 seconds East 19.60 feet; thence South 10 degrees 42 minutes 23 seconds West 92.32 feet; thence South 39 degrees 19 minutes 01 seconds East 56.39 feet; thence South 06 degrees 09 minutes 02 seconds West 144.99 feet; thence South 53 degrees 39 minutes 23 seconds West 150.43 feet; thence South 18 degrees 38 minutes 08 seconds West 68.06 feet; thence South 68 degrees 29 minutes 46 seconds West 258.78 feet to a point on the South line of said Quarter Quarter Section 925.00 feet from the Southwest corner thereof; thence along • the South line of said Quarter Quarter Section South 88 degrees 44 minutes 03 seconds West 394.71 feet; thence North 35 degrees 31 minutes 32 seconds East 512.22 feet to a point on a curve to the right hawing a radius of 300.00 Beet, the radius point of said curve burs North 67 degrees 15 minutes 21 seconds East from said point; thence Northwesterly along said curve 118.37 flat to the point of tangency thereof, the radius point of said curve bears North 89 degrees 51 ndrutcs 48 seconds East from said point; thence North 00 degrees 08 minutes 12 s+sco1145 West 283.38 feet to the point of curvature ofa curve to the left having a rams of 25.00 foot, the radius point ofasid curve bears South 89 degrees 31 minutes 48 seconds West Rom said point; thence Northerly and Westerly along said curve 39.81 fbet to the point of tangency thereof; the radius point of said curve bears South 1 degrees 21 minutes 55 seconds East from said point; thence South 88 degrees 38 minutes OS seconds West 130,64 fleet to the point of curvature of a curve to the right having a radius of 300.00 feet, the radius point of said curve bears North 01. degrees 21 minutes 55 seconds West f4om said point; the Westerly and Northwesterly along said curve 193.16 fist to the point of tangency thereof, the radius point of said curve bears North 35 degrees 31 minutes 32 seconds Eat from said point; thence North S4 degrees 28 minutes 28 seconds West 98.93 het to the Southerly line of0ld U,S. Highway 31; thence Wong said Southerly Ills North 35 degrees 3! minutes 32 seconds West 83.63 feet to the point of curvature ofa curve to the right having a radius of 2814,79 that, the radius point of said cu. v,. bears South 54 degrees 28 minutes 28 seconds East from said point; thence NortheestMrly along said curve 210.41 abet to a point on the Southerly right of way fine of Srcwkey low Road (136th Street) per Warranty Deed to the State ofindisna, dated October 7, 1971, the plans fbr said road as a, part of the relocation of U.S. Highway 31 designate& as 1SHC Project ST-F-222(9), the radius point bears South 50 degrees 11 minutes 29 seconds East from said point; said point also being on a non - tangent curve to the right ?raving a radius of437.46 fit, the radius point ofsaid curve bears South 38 degrees 19 minutes 10 seconds East horn saki point; thence Easterly along said curve 282.49 L et to a point that bears North 01 degrees 39 minutes 16 seconds West front said radius point; thence North 75 degrees 12 minutes 25 au-'ronds East 96 34 feet along s ;nit! Exhibit "A-1" 9153128 L line; thence perpendicular to the North line of said Quarter Quarter Section North 01 degrees 21 minutes 55 seconds West 20.00 feet to a point on the North line of said Quarter Quarter Section; thence along said North line North 88 degrees 38 minutes 05 seconds East 165.99 feet to a point 221.00 feet West of the Northeast corner of said Quarter Quarter Section; thence parallel with the East line of said Quarter Quarter Section South 00 degrees 08 minutes 12 seconds East 217.00 feet; thence parallel with the North line of said Quarter Quarter Section North 88 degrees 38 minutes 05 seconds East 37.00 feet; thence parallel with said East line South 00 degrees 08 minutes 12 seconds East 560.80 feet; thence parallel with said North line North 88 degrees 38 minutes 05 seconds East 184.00 feet to the place of beginning, containing 14.89 acres, more or less, and subject to all legal easements, rights of way and easements. Ttis i nstrtttnent Recoded JUL 2 9 199 4 Shin K. Cherry, Bacot*, Fin County, �! 94.34 Crag Memos to Connipaaat cooccrndag see and deveiopmeat of Real Estate Recorded Angst 23,090, In the Office of Ibe Recorder of Hanlftoa Comely , bdlaaa ender instrument N 9024914. AFFIDAVIT cord in HAMILTON ANA NARY L CLARK , INDIANA AFFIDAVIT 02:24 Robert E. Hughes, being fast duly swam, now deposes and says tint: 1. He is the Managing General Partner of Pro-Med, Ltd., and Indiana Limited Partaetahip, ("Pro -Med") 2 That Pro•Med on the 18th day of June, 1990, executed and delivered to the Carmel Plan Commission Commitments Concerning The Use and Development of Real Estate owned by Pro -Med. ("Commitments') 3. That the Commitments were recorded on August 23, 1990, in the Once of the Recorder of Hamilton County, Indiana, as Instrument Number 9020914. 4. Thet the Carmel Plan Commission un the 19th day of July, 1994, approved Docket Nurnber57 -94CC, permitting an amendment to the Couanitmarta, and further approved Docket Number 56 -94DP /ADLS, adopting a development plan for the real estate for the real estate descxthed in the Commitments r Real Estate'), a copy of which development plan is attached hereto and marked Exhibit A ("Development Plan") . 5. That the approved amendment to the Commitments provided for the reduction in the cumber of entrances to the Real Estate from Smokey Row Road as shown on the Site Development Plan. 6.. The purpose of this affidavit is to place of public record the actions taken by the Cannel Plan Commission under the Docket cumbers referred to in Paragraph 4 hereo f, Description: Hamilton,IN Document - Year.DOcID 2001.82971 Page: 1 of 3 Order: 285088 Comment: including approval of the Development Plan, and to confirm the plan of development now being implemented by Pro -Med. STATE OF COLORADO ) SS: COUNTY OF MESA ) Subacn%ed and mom to before are, a Notary Public , in and for said County and State, personally appeared Robert E. Hughes, and acknowledged the execution oldie foregoing Affidavit. WITNESS my bard and Notarial Seal this ofNovember, 2001 My Commission Expires: r,)a Notary Public Residing in PAM_ - County,Colordo )n CL IM Socbuez_ Primed Name This instrument prepared by : James J. Nelson, Nelson & Frankentager, Attorneys, 3021 E. 98th Street, Suite 220, Indianapolis, In. 46280. (317)844 -0106 Description: Hamilton,IN Document - Year.Doc1D 2001.82971 Page: 2 of 3 Order: 285088 Comment: -- C , 2003000252 triad rat ecord in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN 03 -13 -2003 08:28 am. EASEMENTS 20.00 EASEMENT AGREEMENT APPROVED, ASJO FORM KNOW ALL MEN BY THESE PRESENTS that the undersigned, PRO -MED, LTD., as the fee simple owners of certain real estate, (hereinafter referred to as "Grantor "), for and in consideration of the sum of SEVENTY THREE HUNDRED DOLLARS ($7300.00) in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, dots hereby GRANT, BARGAIN, SELL AND CONVEY UNTO The City of Carmel, Indiana, an Indiana municipal corporation, its successors and assigns (hereinafter referred to as "GRANTEE "), an exclusive and perpetual easement upon, over, under and across the real estate located in Hamilton County, Indiana, and described in Exhibit "A" attached hereto and hereby made a part hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing utility lines and equipment. Grantee shall have the right of ingress and egress over, under, upon and across any land, driveways and roadways located on the surface of the lands owned by Grantor, its successors and assigns, upon and within the boundaries of the easement area, for purposes of access to the easement area. Grantor, its successors or assigns, shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the easement area or perform any act which would impair or interfere with Grantees use and enjoyment of the easement herein granted. If the surface of the easement area is disturbed by Grantee at any time, and/or from time to time, by the installation, repair, maintenance, removal, replacement or other work in connection with utility lines or equipment, Grantee, at its sole cost and expense, shall repair and restore the surface of the easement area and/or nearby property of the Grantor to substantially the same condition which existed immediately prior to any such disturbance, except to the extent that Grantee was exercising its right to remove items which, in Grantees sole opinion, is or would interfere with the rights granted herein. In no event shall Grantee have a duty to restore an area of the easement area or nearby property that was disturbed by nearby property owners, their grantees, successors, agents employees, or by other persons in connecting the premises of the nearby property owners by service pipes to the lines and/or equipment installed in the easement area or otherwise, and Grantee shall not be liable for any damages caused to Grantors property as a result of such work. Any work performed or caused to be performed upon, under and/or over or within the easement area at any time, and from time to time, shall be done at such a time and in such a manner as will cause a minimum of interference with the business being conducted by Grantor (or her successors and assigns) upon the land surrounding and adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee from performing any of its Description: Hami2ton,IN Document - Year.DocID 2003.25259 Page: 1 of 6 Order: 285088 Comment: work during normal and customary daylight business hours. TO HAVE AND T() HOLD unto Grantee, its successors and assigns, so long as the rights and easements herein granted shall be used by Grantee upon the terms and conditions specified herein, with ingress to and egress from the easement area, for the purposes of constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements of record. It is agreed that this grant covers all the agreements between the parties and that no representations or statements, verbal or written, have been made modifying, adding to or changing the terms of this agreement. The Grantor represents and certifies that they are the fee simple owner of the easement/ area and real estate surrounding the easement area; that Grantor guarantees the quiet possession cif the easement area to the Grantee; that the easement area is 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; and that, subject to the foregoing, Grantor will warrant and defend Grantees title to the easement granted hereby against all claims thereon. The person executing this instrument on behalf of Grantor hereby represents that they have the authority to bind Grantor to the terms and conditions set forth herein. This instrument may be executed by Grantor in separate counterparts, each of which shall constitute a duplicate original. IN TESTIMONY WHEREOF, Grantor herein has executed this conveyance this, the _day of , 2003 This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Cannel, Indiana, 46032 STATE OF G olora.dc ) COUNTY OF (Tuba_ tk ca.. ) ) SS: Before me, a Notary Public in and for said County and State personally appeared #fro f71t 1� LTD Uti kFyr known to me to be the individual(s) whose name is subscribed to the foregoing instrument add consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this 2_61 day of � Z , 20 M. [Seal) Commission Expiration: zc, /0q Notary Public /Irpj i)cuasa-/-7 Printed Signature Description: HamiIton,IN Document - Year.DociD 2003.25259 Page: 2 of 6 Order: 285088 Comment: County of Residence: Description: Hamilton,IN Document - Year.DOCID 2003.25259 Page: 3 of 6 Order: 285088 Comment: Approved and Adopted this 1 "l day of 4, v M) , 20Qz1 CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: James Brainard, Mayor Date: n Bide, /}be ©3 Lo ' Wat ,rem r Da /D,� ATTEST: Sandra M. Mime, epoty Cleric for ana Cordray, Clerk- ensurer Date: 0?//03— Description: Hamilton,IN Document - Year.DocID 2003.25259 Page: 4 of 6 Order: 285088 Comment: STATE OF INDIANA ) } SS: COUNTY OF *NA (Ho.✓ ) Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary An Burke, and Lori Watson by me know to be the Members of oeA�o x�, br.Pary re the City of Carmel Board of Public Works and Safety, and Diana L. Cordray Clerk - Treasure of the City of Cannel who acknowledged the execution of the foregoing "Easement Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this 16f day of C9 al- • My Commission Expires: /if/or e. NOTARY PUBLIIC C ANA) S Printed Name My County of Residence: fh9A'1i.LTois) Date: 444;70/o,3 Description: Ramilton,TN Document - Year.DocID 2003.25259 Page: 5 of 6 Order: 285088 Comment:: a °d Exc 200300025260 cord in HAMILTON COUNTY INDIANA JENNIFER J HAYDEN 03-13 -2003 0812E au. EASEMENTS 20.00 EASEMENT AGREEMENT APPROVED, AS Y FORM ICY: KNOW ALL MEN BY THESE PRESENTS that the undersigned, PRO -MED, LTD., as the fee simple owners of certain real estate, (hereinafter referred to as "Grantor "), for and in consideration of the sum of SEVENTY SEVEN HUNDRED DOLLARS ($7700,00) in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby GRANT, BARGAIN, SELL AND CONVEY UNTO The City of Carmel, Indiana, an Indiana municipal corporation, its successors and assigns (hereinafter referred to as "GRANTEE "), an exclusive and perpetual easement upon, over, under and across the real estate located in Hamilton County, Indiana, and described in Exhibit "A" attached hereto and hereby made a part hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing utility lines and equipment. Grantee shall have the right of ingress and egress over, under, upon and across any land, driveways and roadways located on the surface of the lands owned by Grantor, its successors and assigns, upon and within the boundaries of the easement area, for purposes of access to the easement area. Grantor, its successors or assigns, shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the easement area or perform any act which would impair or interfere with Grantees use and enjoyment of the easement herein granted. If the surface of the easement area is disturbed by Grantee at any time, and/or from time to time, by the installation, repair, maintenance, removal, replacement or other work in connection with utility lines or equipment, Grantee, at its sole cost and expense, shall repair and restore the surface of the easement area and/or nearby property of the Grantor to substantially the same condition which existed immediately prior to any such disturbance, except to the extent that Grantee was exercising its right to remove items which, in Grantees sole opinion, is or would interfere with the rights granted herein. In no event shall Grantee have a duty to restore an area of the easement area or nearby property that was disturbed by nearby property owners, their grantees, successors, agents employees, or by other persons in connecting the premises of the nearby property owners by service pipes to the lines and/or equipment installed in the easement area or otherwise, and Grantee shall not be liable for any damages caused to Grantors property as a result of such work. Any work performed or caused to be performed upon, under and/or over or within the easement area at any time, and from time to time, shall be done at such a time and in such a manner as will cause a minimum of interference with the business being conducted by Grantor (or her successors and assigns) upon the land surrounding and adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee from performing any of its Description: riamilton,IN Document - Year.DocID 2003.25260 Page: 1 of 6 Order: 285088 Comment: work during normal and customary daylight business hours. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the rights and easements herein granted shall be used by Grantee upon the terms and conditions specified herein, with ingress to and egress from the easement area, for the purposes of constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements of record. It is agreed that this grant covers all the agreements between the parties and that no representations or statements, verbal or written, have been made modifying, adding to or changing the terms of this agreement. The Grantor represents and certifies that they are the fee simple owner of the easement area and real estate surrounding the easement area; that Grantor guarantees the quiet possession of the easement area to the Grantee; that the easement area is 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; and that, subject to the foregoing, Grantor will warrant and defend Grantees title to the easement granted hereby against all claims thereon. The person executing this instrument on behalf of Grantor hereby represents that they have the authority to bind Grantor to the terms and conditions set forth herein. This instrument may be executed by Grantor in separate counterparts, each of which shall constitute a duplicate original. IN TESTIMONY WHEREOF, Grantor herein has executed this conveyance this, the a 9 day of ,y , 20 45. S -MED, LTD. r This Instrument prepared by Doug Haney, Attorney at Law, One Civic Square, Cannel, Indiana, 46032 STATE OF W /Ot' C-Ctl0 ) ) SS: COUNTY OF /n—g3a ) Before me, a Notary Public in and for said County and State personally appeared c4'0 Mac / TflhV I v ri. known to me to be the individual(s) whose name is subscribed to the foregoing instrument and donsideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this 2..q day of :a/") , , 20 a5. [Seal} Commission Expirati n: 16, 00i,Jc -d-yi Notary Public Printed Signature Description: Hamilton,IN Document - Year.DOCID 2003.25260 Page : '2 of 6 Order: 285088 Comment: County of Residence: Mesa eenzt Colo Description: Hamilton,IN Document - Year.DOCID 2003.25260 Page: 3 of 6 Order: 285088 Comment: C Approved and Adopted this if day o CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: James Brainard, Mayor Date: Mary An,S Bur , Member Date: 0 —/ 9 —©,3 ATTEST: "Or ana Cordray, Clerk-Tr :;T urer Date; 02 9/¢3 raM. J Dewy Clerk for Description: Rami2ton,IN Document - Year.DOCID 2003.25260 Page: 5 of 6 Order: 285088 Comment: %* f STATE OF INDIANA ) IA M; SS: COUNTY OF I(A,. H.off Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me know to be the Members of �4'JfyPit ZiofN5on1, i u t-o R the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk- Treasure of the City of Carmel who acknowledged the execution of the foregoing "Easement Agreement" on behalf of the City of Cannel, Indiana. Witness my hand and Notarial Seal this 19 day of My Commission Expires: NOTARY PUBLIC e. 4N4/ A ✓45 Printed Name My County of Residence: N414>h7O. ) Date: a/A0.4 3 Description: Hamilton,IN Document - Year.DocID 2003.25260 Page: 6 of 6 Order: 285088 Comment: