Cool Creek Trail - Carmel Woods2009044120 EASEMENTS $44.00
07/20/2009 03:35:01P 17 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
Prior Deed Reference:
Instrument No.:
GRANT OF EASEMENT FOR RECREATIONAL TRAIL
This Grant of Easement for Recreational Trail (the "Easement") is made this day of
, 2009 by and between CARMEL WOODS, LLC, an Indiana limited liability
company ("Grantor") and the CITY OF CARMEL, INDIANA ("Grantee").
WITNESSETH:
1. Subject Matter of Declaration. Grantor is the owner of certain real estate shown in the
attached Exhibit A which is incorporated herein by reference (the "Grantor's Property"). Grantor and
Grantee desire to create, upon and subject to the terms and conditions provided herein, an easement on,
over, under and across a portion of the Grantor's Property as shown in Exhibit B and Exhibit C. which are
incorporated herein by reference (the "Recreational Trail Easement Property") for the construction, use
and maintenance of a "linear park/recreational trail". Linear park/recreational trail shall mean a public
trail or path that is used for activities including, but not limited to, bicycling, exercising, walking, hiking,
roller-blading and running on, over and across the Recreational Trail Easement Property.
2. Easement Grant. Grantor hereby grants, declares, creates and conveys a non-exclusive;
perpetual easement on, over and across the Recreational Trail Easement Property for ingress, egress,
construction, installation, maintenance, repair, replacement, use and enjoyment of walking trails, paths,
common green space, landscaping, trail signage, drainage and drainage structures, other recreational
facilities, underground communication lines installed for Grantee's benefit, and all related facilities,
equipment and appurtenances located and/or constructed on the Recreational Trail Easement Property
(the "Recreational Facilities").
3. Construction, Use and Maintenance. Grantee, at Grantee's expense, shall have the right to
construct, install, maintain, repair and/or replace the Recreational Facilities, landscaping, trees, shrubs,
other vegetation and underground communication lines and related facilities and equipment on and within
the Recreational Trail Easement Property. Grantee shall have the right to cut down, clear, trim, remove,
and otherwise control any trees, shrubs, overhanging branches, roots, mid/or other vegetation upon, under
or over the Recreational Trail Easement Property. Grantee shall have the right to pile dirt and other
material and to operate equipment upon the surface of the Recreational Trail Easement Property and,
upon obtaining the consent of Grantor, which consent shall not be unreasonably withheld, the adjoining
land of Grantor in a location reasonably acceptable to Grantor, during those times when Grantee is
constructing, installing, maintaining, repairing, replacing, relocating, adding to, modifying, or removing
the Recreational Facilities. Grantee shall maintain the Recreational Trail Easement Property and the
Recreational Facilities in good condition and repair, at Grantee's expense. Notwithstanding the
foregoing, Grantor shall be responsible for reimbursing Grantee for the cost of such maintenance and/or
repair in the event that such maintenance and/or repair becomes necessary due to: (a) any negligence,
gross negligence, or willful misconduct of the Grantor or any of its employees, contractors, agents,
invitees, licensees or tenants; or (b) any conduct by the Grantor or any of its employees, contractors,
1395306v4
agents, invitees, licensees or tenants that constitutes a breach of the Grantor's obligations under this
Easement.
4. Grantor's Use of the Recreational Trail Easement Property. Grantor covenants that Grantor
shall have no right to construct improvements, maintain any landscaping or remove any vegetation or
improvements in, under, over or on the Recreational Trail Easement Property without the Grantee's prior
written consent. Grantor shall not place, or permit the placement of, any obstructions which may interfere
with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such
obstruction at Grantor's expense. Grantor shall not, without the prior written consent of Grantee, (a)
construct or install, or permit the construction or installation of any utility lines or equipment or any
building, house, or other above -ground structure, or portion thereof, upon the Recreational Trail Easement
Property; or (b) excavate or place, or permit the excavation or placement of, any dirt or other material
upon or below the Recreational Trail Easement Property.
5. Easement Appurtenant. This Easement and the terms and conditions stated herein shall be
appurtenant to, imposed upon, applied to, and run with the Grantor's Property and shall be binding upon
and inure to the benefit of Grantor, Grantee and their respective successors and assigns in accordance
with the provisions hereof.
6. Modification. The parties agree that this Easement constitutes the only agreement between
the parties hereto with respect to the subject matter hereof, and that this Easement may not be changed,
modified or terminated except by a written instrument signed by each of the parties hereto.
7. Governing Law. This Easement shall be governed by arid construed in accordance with the
laws of the State of Indiana.
8. Counterparts. This Easement may be signed in one or more counterparts, which when taken
together with all other counterparts, shall constitute one and the same instrument.
9. indemnification. Grantee shall defend, indemnify and hold harmless Grantor from and
against any and all liability, loss, claim, damage, demand, action, cause of action, suit, judgment,
proceeding, cost or expense, including court costs and reasonable attorneys' fees, which at any time after
execution of this Easement may be brought, alleged or imposed upon the Grantor and that relates to
and/or arises out of the Grantee's construction, maintenance, repair or use of the Recreational Facilities.
Notwithstanding the above, Grantee's indemnification obligations do not include any liability, loss, claim,
damage, demand, action, cause of action, suit, judgment, proceeding, cost or expense caused or
contributed to by any negligence or misconduct of Grantor, or any ,of its employees, contractors, agents,
invitees. licensees or assigns.
10. Authority. Grantor represents and certifies that it is the fee simple owner of the Recreational
Trail Easement Property and the Grantor's Property; that Grantor guarantees the quiet possession of the
Recreational Trail Easement Property to Grantee; and that the Recreational Trail Easement Property is
free of any liens or encumbrances except the lien of current taxes and the liens or encumbrances shown on
Exhibit D. Grantor will warrant and defend Grantee's rights and/or title to the Recreational Trail
Easement Property granted hereby against all claims thereon. Grantor represents and warrants that
Grantor is responsible for obtaining all necessary consents and approvals of any mortgagee or other third
party required for the granting of this Easement. Grantor will indemnify, the Grantee against any loss,
damage or cause of action resulting from Grantor's failure to obtain any such consent and approval.
1395306v4 2
The person executing this instrument on behalf of Grantor hereby represents that he has the
authority to bind Grantor to the terms and conditions set forth herein and that all necessary action
therefore has been taken.
11. Enforcement. Each party shall have the right to enforce the terms of this Easement in
accordance with all remedies available both at law and in equity.
12. Severability. If any part, tern or provision of this Easement should be found to be invalid or
unenforceable by any applicable law or court of applicable jurisdiction, that part, teen or provision shall
be replaced by a provision which comes as close as possible to the intended result of the invalid
provision, and the economic purpose thereof, and which is valid and enforceable. The invalidity or
unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other
provision hereof.
13. Notice. In the event there is an alleged violation of the terms and conditions set forth in this
document, the non -violating party shall notify the violating party of the alleged violation in writing via
certified mail, return receipt requested. The violating party shall have thirty (30) days from the date of
receipt of such written notice to cure or remedy the alleged violation. Notice of an alleged violation shall
be forwarded to the Grantor at the following address: 320 Main Street N, #200, P. O. Box 8649, Ann
Arbor, Michigan 48104. Notice of an alleged violation shall be forwarded to the Grantee at the following
address: City Attorney, City of Carmel, Indiana, One Civic Square, Carmel, Indiana 46032, with a copy
of same being addressed to the Carmel City Engineer and sent to the same address.
14. Negotiated Agreement, Construction. This instrument is the result of negotiations between
the parties, and no party shall be deemed to be the drafter of this instrument. The language of all parts of
this instrument shall in all cases be construed as a whole, according to its fair meaning, and not strictly for
or against either party.
15. Estoppel. Either party shall, at any time upon not less than thirty (30) days prior written
notice from the other party, deliver a statement certifying that the Easement is unmodified and in full
force and effect (or, if modified, stating the nature of the modification) and acknowledging that there are
not, to such party's knowledge, an uncured defaults or specifying such defaults if any are claimed.
EXECUTED as of the date and year first above written.
GRANTOR:
CARMEL WOODS LLC, an Indiana limited liability
company
By: GPR McKinley Manager LLC
Its: Manager
By: McKinley Associates, Inc.
Its: Manager �,�j
By:Y D4MI'\
Kenneth P. Polsinelli
Its: Vice President
1395306v4 3
STATE OF nI/'- '/1 )
) SS:
COUNTY OF
I3efore me, a Notary Public in and for said County and State, personally appeared Kenneth P.
Polsinelli, by me known and by me known to be the Vice President of McKinley Associates, Inc.. the
Manager of GPR McKinley Manager, LLC, the Manager of Carmel Woods, LLC, who acknowledged the
execution of the Foregoing Grant of Easement for Recreational Trail on be/half of said entities.
WITNESS my hand and Notarial Scat this ay of LAM& 2009.
My Commission Expires:
My County of Residence:
otary Public — �S'i_natur
J. Rodgers
NOYMY PUe&IC - STATE OF MICHIGAN
CANIS/TY nc WASWRWM ly
Notaty PA*CerkriotS Euplree- Aug. 17, 1016 /
Ad*. in the County of Wfl1f%%e7✓/%W
395306v4 4
GRANTEE:
CITY OF CARMEL, INDIANA
By: ` 7
CLE/A/41
t, NC
Title: 101 aietfl, ihtenitinatio J
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State. personally appeared
S, C . C n 5.e 1 K,., 1 , by me known and by me known to be the tt,reciot- /-\c1ti,.,,,..}; y I t, h of
the City of Carmel, Indiana, who acknowledged the execution of' the foregoing Grant of Easement for
Recreational Trail on behalf of the City of Carmel, Indiana.
WITNESS my hand and Notarial Seal this 'z 2 day of , 2009.
My Comrnission Expires:
t26 -U7 -'L
My County of Residence:
�7L r o✓
Notary Public — Signature
Notary Public - Printed
1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law. Tammy K. Haney
This instrument prepared by and after recording return to: Tammy K. Haney, Esquire, Bose McKinney &
Evans LLP, 1 1 I Monument Circle, Suite 2700, Indianapolis, Indiana 46204.
I395306v4 5
EXHIBIT A
Grantor's Property
PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 19,
TOWNSHIP 18 NORTH, RANGE 4 EAST IN HAMILTON COUNTY, INDIANA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 18 NORTH, RANGE 4
EAST; THENCE NORTH 89 DEGREES 14 MINUTES 55 SECONDS EAST
(ASSUMED BEARING) ON AND ALONG THE NORTH LINE OF SAID NORTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 18 NORTH, RANGE
4 EAST 635.58 FEET TO THE NORTHEAST CORNER OF THE REAL ESTATE
DESCRIBED IN DEED RECORD 316 ON PAGE 409 OF THE HAMILTON COUNTY
RECORDER'S RECORDS AND THE PLACE OF BEGINNING OF THE TRACT
HEREIN DESCRIBED; THENCE NORTH 89 DEGREES 14 MINUTES 55 SECONDS
EAST ON AND ALONG SAID NORTH LINE 8D4.58 FEET TO THE EAST RIGHT-
OF-WAY LINE OF STATE ROAD NO. 431; THENCE SOUTH 34 DEGREES 48
MINUTES 35 SECONDS EAST ON AND ALONG SAID EA$7f R GRT -OF -WAY LINE
219.31 FEET; THENCE IN A SOUTHEASTERLY DIRECTION ON AND ALONG
SAID EAST RIGHT-OF-WAY LINE 189.93 FEET ALONG AN ARC DEFLECTING
TO THE LEFT AND HAVING A RADIUS OF 5679.6 FEET ANDS $TENDED BY
A LONG CHORD HAVING A BEARING OF SOUTH 43 DEGREES 02 MINUTE 35
SECONDS EAST AND A LENGTH OF 189.93 FEET; THENCE SOUTH 45
DEGREES 35 MINUTES 10 SECONDS EAST ON AND ALONG SAID EAST RIGHT-
OF-WAY LINE 108.44 FEET; THENCE SOUTH 42 DEGREES 16 MINUTES 55
SECONDS EAST ON AND ALONG SAID EAST RIGHT-OF-WAY LINE 100.04
FEET; THENCE SOUTH 44 DEGREES 00 MINUTES 05 SECONDS EAST ON AND
ALONG SAID EAST RIGHT-OF-WAY LINE 300.00 FEET; THENCE SOUTH 50
DEGREES 39 MINUTES 55 SECONDS EAST ON AND ALONG SAID EAST RIGHT-
OF-WAY LINE 155.25 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE
ABANDONED TRACTION COMPANY RIGHT-OF-WAY; THENCE SOUTH 66 DEGREES
19 MINUTES 00 SECONDS WEST ON AND ALONG SAID NORTH LINE OF SAID
ABANDONED 1RIGHT-OF-WAY LINE 1265.89 FEET; THENCE SOUTH 89
DEGREES 40 MINUTES 00 SECONDS WEST TO THE SOUTHEAST CORNER OF
THE PARCEL OF REAL ESTATE DESCRIBED IN DEED RECORD 301 ON PAGE
B99 OF SAID RECORDS; THENCE NORTH 20 DEGREES 50 MINUTES 07
SECONDS EAST 167.61 FEET (THIS AND THE NEXT TWO (2) COURSES ARE
ON AND ALONG THE BOUNDARY OF THE PARCEL OF REAL ESTATE DESCRIBED
IN DEED RECORD 301 ON PAGE 899 OF SAID RECORDS); THENCE NORTH 01
DEGREES 23 MINUTES 00 SECONDS EAST 180.13 FEET; THENCE SOUTH 89
DEGREES 40 MINUTES 00 SECONDS WEST 609.62 FEET TO THE WEST LINE
OF SAID NORTH HALF; THENCE NORTH 00 DEGREES 13 MINUTES 00
SECONDS WEST ON THE WEST LINE OF SAID NORTH HALF 556.60 FEET TO
A SOUTHWEST CORNER OF A PARCEL OF REAL ESTATE DESCRIBED IN DEED
1395306v4
EXHIBIT A - CONT'D
RECORD 242 ON PAGE 265 OF SAID RECORDS; THENCE NORTH 89 DEGREES
14 MINUTES 55 SECONDS EAST 222.41 FEET; (THIS AND THE NEXT TWO
(2) COURSES ARE ON AND ALONG THE BOUNDARY OF THE PARCEL OF REAL
ESTATE DESCRIBED IN DEED RECORD 242 ON PAGE 265 OF SAID
RECORDS); THENCE SOUTH 00 DEGREES 13 MINUTES 00 SECONDS EAST
200.00 FEET; THENCE NORTH 89 DEGREES 14 MINUTES 55 SECONDS EAST
397.32 FEET; THENCE NORTH 01 DEGREES 23 MINUTES 00 SECONDS EAST
567.27 FEET (THIS COURSE IS ON AND ALONG THE EAST BOUNDARY OF
THE PARCELS DESCRIBED IN DEED RECORD 242 ON PAGE 265 AND DEED
RECORD 316 ON PAGE 409 OF SAID RECORDS) TO THE PLACE OF
BEGINNING.
EXHIBIT B
Recreational Trail Easement Property
1395306v4
EXHIBIT "g"
pARrn 5 Perpetual Trail Easement
Carmel Woods, LLC
Project Cool Creek Trail Sheet 1 of 2
A 30 foot permanent easement 15 feet on each side of the following described centerline,
and containing 1.086 acres, more or less; being a part of the North Half of the Southwest
Quarter of Section 19, Township 18 North, Range 4 East, Hamilton County, Indiana, and
being that part of the grantor's land lying within the land described in need Record 348
Page 534, in the Office of the Recorder of Hamilton County, lying within the right of way
lines depicted on the attached Right of Way Parcel Plat marked Exhibit 'S', described as
follows: Commencing at the southwest corner of said quarter section, designated as '706'
on said plat; thence North 0 degrees 03 minutes 03 seconds East 1,355.83 feet along the
west line of said quarter section; thence North 89 degrees 55 minutes 04 seconds East
707.25 feet to the point of beginning of this description, being on the south line of the
grantor's land; thence northerly 42.50 feet along an arc to the left having a radius of
100.00 feet and subtended by a long chord having a bearing of North 19 degrees 29 minutes
20 seconds West and a length of 42.18 feet; thence North 31 degrees 39 minutes 53 seconds
West 148.24 feet; thence northerly 93.48 feet along an arc to the right having a radius
of 125.00 feet and subtended by a long chord having a bearing of North 10 degrees 14
minutes 28 seconds West and a length of 91.32 feet; thence North 11 degrees 10 minutes 57
seconds East 43.17 feet; thence northerly 53.68 feet along an arc to the left having a
radius of 50.00 feet and subtended by a long chord having a bearing of North 19 degrees
41 minutes 15 seconds West and a length of 51.31 feet; thence North 50 degrees 33 minutes
26 seconds West 16.44 feet; thence northerly 72.64 feet along an arc to the right having
a radius of 33.00 feet and subtended by a long chord having a bearing of North 12 degrees
30 minutes 25 seconds East and a length of 58.84 feet; thence North 75 degrees 34 minutes
15 seconds East 150.30 feet; thence easterly 70.03 feet along an arc to the right having
a radius of 75.00 feet and subtended by a long chord having a bearing of South 77 degrees
40 minutes 53 seconds East and a length of 67.51 feet; thence South 50 degrees 56 minutes
r:\4462\documeuttraw\rweng\legals\pO0S.doc
EXHIBIT "g"
PARCEL 5 Perpetual Trail Easement
Carmel Woods, LLC
Project Cool Creek Trail Sheet 2 of 2
01 second East 62.98 feet; thence North 35 degrees 16 minutes 27 seconds East 53.04 feet;
thence northerly 23.25 feet along an arc to the left having a radius of 15.00 feet and
subtended by a long chord having a bearing of North 09 degrees 08 minutes 20 seconds West
and a length of 20.99 feet; thence North 53 degrees 33 minutes 07 seconds West 61.32
feet; thence northerly 139.56 feet along an arc to the right having a radius of 100.00
feet and subtended by a long chord having a bearing of North 13 degrees 34 minutes 14
seconds West and a length of 128.51 feet; thence North 26 degrees 24 minutes 39 seconds
East 159.94 feet; thence northerly 165.13 feet along an arc to the left having a radius
of 300.00 feet and subtended by a long chord having a bearing of North 10 degrees 38
minutes 31 seconds East and a length of 163.06 feet; thence North 05 degrees 07 minutes
38 seconds West 359.84 feet to the north line of the grantor's land. The side lines of
said 30 foot easement to be extended or shortened to meet at angle points and to
terminate at said north line and south line_
Except that portion of said easement falling west of the grantor's west line.
Given under whaig and seal this day of
AeJT
, H "(>4
ese sTEtt ac'e Sy
So fa NO. Eol\
SO468
3 �` STATEOi ;
SURNt'41V`.
This description p prepared for the City of Carmel by Butler, ?airman n Seufert, Inc using last
deeds of record obtained from the Office of the Hamilton County Recorder.
Douglas Herendeen, L.S.
Registered Land Surveyor
State of Indiana, Surveyor No. S0468
2008.
r:\4462\document\row\rweng\legals\p005.doc
EXHIBIT C
Recreational Trail Easement Property
1395306v4
PARCEL NO.- : 5
TRAIL NAME • : COOL CREEK TRA/L
COUNTY : HAMILTON
SECTION : 19
TOWNSHIP : 18 N
RANGE : 4
200
Dasereiriltieadkrik
GRAPHIC
0
SCAT,F
100 200
( IN FEET )
1 inch = 200 ft.
CURVE DATA
P.L Sta J5+79.1J 11R-1"
d=
1.26197'42721
R=3300'
L= 7265'
T= 6495'
E 3955'
CURVE DATA
PL Sta..J4+7575 12R-1-
61'44'24" LL
R=. .6000'
L= 5588'
T= 2969'
E_ &25'
OWNER : CAR/IEL WOODS 110 DRAWN BY: 67(C 06/04/2008
INSTRUMENT NO. 200500060205, DATED 08/30/2005 CHECKED BY: DKH 06/09/2008
HATCHED AREA IS THE SCALE 1°= 200'
APPROXIMATE TARING • SHEET 1 OF 2
THIS PLAT WAS PREPARED FROM INFO(a4AT10N OUTAIN6O FROM SHE RECORDER'S OFFICE
AND OThER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY.
EMT Ate
CURVE DATA
P1 Sb. 48+9976,9-1'
d= 04'06 57' It
R. 100000'
= .i59.Y
1= 71.84'
E ass'
PJ. SYa 48+9976 PR -1'
d = O106'sr t
636
P.1 SYa 4545246 A'
�� = 69703'6" Rt
P1
e - 574439'Rt
15' Sander), Sever
&sawn
P1 Sin 43+97.&5 A
=2946b9'RE •
•`•'� d=irons- Lt
»P2 STA 42+3404 A'
A = 4755Y0'Pt
PL St= 41+4251
AES d = 5270'4 -CLL
iL
_gal- •
d = 87317.505' LL
��Pl SYa 40+6735 '4'
e a 845755' Rt
P1
Ma 4853 A"
IS30%/Y Lt.
P1 S7a 49}19.45
A = 6655'09' LL
CURVE DATA
50' San? vy P.L Sta 4Jc89.71 PR -r
Sewer Easement .313Y1r Lt.
R' 300200'
''5�L= 7651.
'/s/11+ COW Tr, 84/2'
E= 11.73'
P1 Ste 4518971 PR -1'8211
A = J137/r Lt
P. T.E - Pmpsaml Tr& Easement
A- CURD£ DATA
P.L Sta 40+8934 734-1'
d= 7957.4CRt
R= 10000'
L= 7.3956'
8185'
-31257"
LAT
LAT PR -1' Res
P1
d = 46- Rt
A = 12617142' RL
' Sim 347175
6 = 67;4124. LL
P1 Sea 37+8169 'A
8012 d = 672371' RL
CURD DATA
P.L Sta 53+56.26
d= 4250'50' RL
R= 12500'
L= 914&'
T= 45205'
E= 9.28'
P.L S .A?n8 • `\
tit.= 1059r Lt '
A/16,JI \\®
orr— Aero
enli
2Ei& 37+
d = 44':
P1 SYa .19+ 1:77
A=6720 Lt
to PR -I'
92
P.L SYa .19+3361
A =88'4934CLt
1'
P.QT. SYa 39+2318 714-7' �
P.0 Sta 39+20.9/ '" 1' (mega.)
P1 38+7013 77Y-
= 93'4YJ5'LL
M9 aO18 CURVE DATA
d
P.L. StaaJ9+5361 PR -I'
d= 86r4.9.34- Lt
R=7500'
1= 2126'
T= 74.70'
50' Smulory E 6.00'
\Sewer Easement
Prajact a 460 .0607 DIV I 06-05-09 AT1077
RR 144521AUT0724n\ROWIPc4005dw
15' Sanitary
Sewer
Easement
P1 Sea 19+4856 734-7 j
A = 573978' Lt
(No atm Rum)
P1. SYa. 34+7&79 A'
d = 9250121'Rt
CURD DATA
PL S J7474.92PR-1'
5329'44'RL
8=7500'
L= 7003'
r= 37.80'
E= 899'
CURVE DATA
P./.
Sta ..71+36.11 PR -1'
8264174'L t.
9 100.00'
L= 4558'
T= 2172'
5=277'
PARCEL NO. . 5
1RAIL NAME : COOL CREEK IRA/L
COUNTY : HAMILTON
SECTION : 19
TOWNSHIP : 18 N.
RANGE : 4
\`‘y lTHyIt'1/ir
0 .ST ,`
o
�No Fo 4y %
*.f 80468 '*=
SfATEOF
qy� SURNzA,\`
1/4 /01111100 NOTE: STATIONS AND OFFSETS CONTROL OVER BOTH NORTH AND
SURVEYOR'S STATEMENT EASTCOORDINATES AND BEARINGS AND DISTANCES
To the best of my knowledge and belief, this plat, t gether with the "Location
Control Route Survey Plat` recorded as (Instrument F008037117) in the Office
of e the Recorder of HAMILTONompriCounty, ve, (iexecuted
accd made a part
hereof by reference) comprise a Route Survey executed in accordance with
Indiana Administrative Code 865 IAC 1-12, ("Rule 12").
Prepared for - City of Carmel
by Butler, Fairmcn and Seufert, Inc. (Job 44462.06)
Profrct = 46010607 Dig/ f 06-05-09 Ar 10: /9
R.' t 4062tAURM_4D 1ROI lParoQSd.v
OWNER : CARMEL 649005, LLC A�..,
£iH/B/% t°
DRAVN BY: ay 06/04/2008
CHECKED BY: 0KH 05/09/2008
SHEET 2 OF 2
PARCEL COORDINATE CHART
POINT
STATION
OFFSET
GY
NORTH
EAST
1602
31+12.40
15.00 RL
TR -1'
1727157.4093
199781.3452
1603
31+12:40
15.00 U.
'PR -1'
1727154.8054
199751.4584
1804
31+58.97
15.00 LL
"PR -1'
1727192.0520
199739.1253
1605
31+58.97
15.00 Rt.
TR -1'
1727207.8004
199764.6594
1608
33+07.21
15.00 Lt.
"PR -l'
1727318.2221
199661.3083
1607
33+07.21
15.00 Rt.
'PR -1'
1727333.9705
199886.8424
1608
34+00.69
150011.
"PR -1'
1727418.8657
199643.1251
1609
34+00.69
15.00 Rt.
"PR -1"
1727413.0476
199672.5555
1610
94+43.86
15.00 LI.
"PR -1' -
1727461.2171
199651.4975
1611
34+43.86
15.00 Rt.
"PR -1'
1727455.3991
199680.9279
1612
94+97.74
1500 U.
"PR -1'
1727495.0340
199839.3977
1613
34+97.74
15.00 RL
TR -1'
1r2/b18.2018
199658.4569
1614
35+14.18
1500 U.
'PR -1'
1727505.4796
199826.7000
1615
95+14.18
15.00 R[.
'PR -1'
1727528.6476
199645.7592
1616
35+86.83
15.0011.
"PR -1"
11z1b89.0343
199645.2340
1617
35+86.63
15.00 RL
TR -1'
1727559.9806
1996527094
1618
37+37.12
15.00 14.
"PR -1'
1727626.4859
199790.7914
1619
. 37+37,12
15.00 Rt.
'PR -l"
1727597.4322
199798.2668
1620
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1727609.3)21
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1 /U579.6094
199906.3951
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1727546.2163
199899.9322
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1 r4 t49.2002
199921.6315
1625
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1727609.8287
199927.7711
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17275925040
1999522830
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39+-44,15
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lc x.9806
199945.5939
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1 r21/9b.9169
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1631
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1 t2/111:45727
199870.6376
1632
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172779333.1545
199914.9115
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199941.7803
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199973.3973
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1999053334
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1998382134
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1726992.8863
199780.6172
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1727179.7378
1997643438
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33+5629
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TR -1'
1727967.8414
1998483285
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34+73.75
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1727487.6294
1996720002
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35+79.13
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1727558.3241
199586.0748
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lc 1.3780
199831.1363
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199909.3855
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1727613.1640
1999465037
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17277081422
199819.9042
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1726092.3665
199966.0281
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199920.0622
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P.C./P.O.T.
4PR-1'
1727604.1664
199940.0170
See Location COMM! Route Survey Plat for points 706, 10714 & all Line '4' points
Doug/os K Herendeen Ogle
L. S.- S0458
EXHIBIT D
Encumbrances
1395306v4
TITLE AND ENCUMBRANCE REPORT
Update No. 1
Indiana Department of Transportation
File No.: 710003693
RW Code: Parcel: 5 Couuty:I-lamilton PoL Twp.: 16 - Carmel
Project: Cool Creek Road: Des. No.:
Name on Plans: Carmel Woods, LLC
Description or Addir : Sec. 19 Twp. I8N Rge. 4E
iicreage: 33.04
Lmsa
ASSESSED VALUES
$2,801,000.00 $11,976,400.00 16-10-19-00-00-..”3.000
Los- .,a.. OF RECORD
Name: Carmel W ids, LLC
Address: 320 Main Street N, ::200, P.O. Box 6649, Ann Arbor, MI 48104
Title Acquired by: Special Warranty Deed recorded 11/182003 as Inscrnment No. 200300118266
Mortgage Instrument No.: 85-5937
MORTGAGE RECORD
(UNCHANGED)
Amount: $9,938,900.00 Date Recorded: 05/09/1985
Mortgagor: Cool Creek Associates, Ltd., a Limited Partnership
Mortgagee: American Pletcher National Bank and Trust Company, as Trustee
Notes:
Assignment of Mortgage and Collateral Loan Documents 16 Bank One, Columbus, N.A., as Trustee recorded 03/16/1995 as
Instrument No. 9508264.
Modification of Mortgage recorded 03/161995 as Instrument No. 9508265.
Release, Assumption and Modification Agreement recorded 11/18/2003 as Instrument No. 200300118268.
Assignment of Mortgage to IPMorgan Chase Bank recorded 03/012004 as Instrument No. 200400013239.
Financing Statement filed 02/12/1998 as Document No. 9800980321 by Bank One. Columbus, N.A., as Trustee (Secured Party)
against Cool Creek Associates, Ltd. (Debtor). Amendment filed 07/01/2002 as Document No. 200200100719 and continued by
Continuation filed 09/11/2002 as Document No. 200200100691. Amendment filed 11/18/2003 as Document No. 200301001016.
MORTGAGE RECORD
Mortgage Instrument No.: 200500060206 Amount: $16,280,000.00
Mortgagor.
Mortgagee:
Notes:
Carmel Woods, LLC, an Indiana limited liability company
Merrill Lynch Mortgage Lending, Inc.
Date Recorded: 09/13/2005
Assignment of Mortgage, Security Agreement, Assignment of Rents and Fixture Filing to LaSalle Bank National Association, as
Trustee recorded 03/07/2006 as Instrument No. 200600012550. Assignment of Mortgage, Security Agreement, Assignment of Rents
and Fixture Filing to Wells Fargo Bank, N.A., as Trustee recorded 11/13/2008 as Instrument No. 2008056385.
Assignment of Leases and Rents recorded 09/13/2005 as Instrument No: 200500060207. Assignment of Assignment of Leases and
Rents to LaSalle Bank National Association, as Trustee recorded 03/07/2006 as Instrument No. 200600012551. Assignment of
Assignment of 1 Pasts and Rents to Wells Fargo Bank, N.A., as Trustee recorded 11/132008 as Instrument No. 2008056386.
Financing Statement filed 10/132005 as Document No. 200501000555 and Instrument No. 200500060208 by Merrill Lynch
Mortgage Lending, Inc. (Secured Party) against Carmel Woods, LLC (Debtor). Amendment filed 11/1320.08 as Document No.
UC08000530.
Judgments: None
Taxes: 1
Easement: None
Taxes are current: Yes
CERTIFICATE
I certify that I have searched the records of the above named county for the required period of time and that all recorded transactions
which affect the ownership of the caption real estate during that period are set forth in the attached chain of title. I further certify that
the infonnatfon summarized above represent the current status of the fee ownership and encumbrances against the caption real estate.
This Title & Encumbrance Report is not to insure title. It is furnished for reference purposes only and should not be relied upon for
title purposes when acquiring or conveying an interest in the land Preferred Title Corp assumes zero liability for this report.
EFFECTIVE DATE: 05/092007 through 04272009 S
7. ie S. Dodd
Preferred Title Corp.
9011 North Meridian Street, Suite 250
Indianapolis, IN 46260
Pk (317) 580-9301
Fax: (317) 580-9313
INSTRUMENT NO.: 200300118266
CONTIGUOUS PROPERTY
see item(s):
CAPTION
SOLD OFF
see item(s):
BEYOND ONE MILE RADIUS
see item(s):
Taxes are listed in the name of Carmel Woods LLC
Political Township: 16 — Carmel
Key No.: 16-10-19-00-00-023.000
Taxes each installment Spring: $118,536.84
2007 Payable 2008 Spring: PAID
Exemptions: $0.00
ITEM 1
Fall: $118,536.84
Fall: PAID