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FOunders ParkParkland Real Estate (116th & Hazel Dell) 16 CI Instr ■eat 970978235 Use of this form constitutes practice of law and is limited to practicing Iauq'ers. Ahrst be completed in black ink, including signatures. i 1958, 1964, 1993. 1997, by the Indianapolis /Jar Association. Parcel No. 9709748235 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 11-07-1997 At 03:43 pm. Q C DEED 16.00 QUITCLAIM DEED TIIIS INDENTURE WITNESSEfII,Tltal American Aggregates Corparatinn, aJ)elawnre Corporation or Montgomery County, in the Slate of Ohio QUITCLAIM(S)lo the City of Carmel., Indiana (Grantor) of Hamilton County, in the State or Indiana of Ten Dollars ($ 10.00 ) and other valuable consideration, the receipt and sufficiency of which is (Grantee) , for the stun hereby acknowledged, the following described real estate in Il am.L1.ton County, Stale of Indiana: as more -particularly described on Exhibit "A" attached hereto and subject to the Covenants running.with the Real Estate as set forth on the attached Exhibit "B", both of which Exhibits are incorporated herein by this reference. NO INDIANA GROSS TAX DUE AS A RESULT OF THIS TRANSACTION. 'I lie address of such real estate is commonly known as WITNESS WI IEREOF, Grantor has executed This deed This NHX/UldiX November Grantor: Signature Printed ) IOC 5th day of ,19 97 Grantor: Americ S 1 BY orporation i'ri ri na urc 1,e \\ r� � nlcd Geoff Ha ri President STATE 01' OHIO COUNTY 01' MONTGOMERY SS: ACKNOWLEDGMENT Before mc, a Notary Public in and for said County and Stale, personally appeared Geoffrey C. Harris, President of American Aggregates Corporation who acknowledged Hie execution of the foregoing Quitclaim Decd, and who, having been duly sworn, staled that any representations therein contained arc true. Witness my (rand and Notarial Seal this Aly commission expires: ;o, 5th 11rty of November zttatttr� \ EUNAL/ .rPt I HU NO aly F'ubtic ted In and for the State of Ohio . skis laslrnnrmot prepared by Return decd to Send lax bills to 19 97 My Expires Nov.14,1999� 7) d /? � shim' of Q,� ao 1A u„ J , Notary Public , Attorney al Law. DULY ENTERED FOR TAXATION Subiucl to final acc• lance for Iramgfcr day of 1907 Parcel ti Auditor Hamilton County PARCEL NO, 1C -C AMERICAN CONSULTING ENGINEERS, INC. ARCHITECTS SURVEYORS ENGINEERS 4165 MILLERSVILLE ROAD INDIANAPOLIS, INDIANA 46205 (317) 547.5580 Copyright (C) 1966-1997 by American Consulting Engineers, Inc. EXHIBIT "A" PAGE 1 OF 2 DATE: 9-30-97 DRAWN BY: NJB JOB N0, 96-166 SHEET NO. 3 of 5 DESC. FILE: 961661CC(300 PARCEL NO. 1C -C L. SIDE, E112 SE'14 SECTION 33 A part of the East Hal( of the Southeast Quarter of Section 33, township 18 North Range 4 Eost, Hamilton County, Indiana, described as follows: Beginning on the east line of said half -quarter section North 0 degrees 04 minutes 08 seconds Eost (assumed bearing) 80.00 feel from the southeast corner of said section, which point is al the intersection of said east line and the proposed north boundary of the 1161h Street; thence North 89 degrees 42 minutes 50 seconds West 913.04 feet along the proposed north boundary of said 116th Street to the easterly boundary of proposed Hozel Dell Parkway; thence North 56 degrees 31 minutes 56 seconds West 47.85 feet along the easterly boundary of said Hazel Dell Parkway; thence North 14 degrees 27 minutes 13 seconds West 157.79 feet olong said eastern boundary; thence Northeasterly 1256.21 feet olong an arc to the right and having a radius of 1824.86 feet and subtended by a long chord having a bearing of North 5 degrees 16 minutes 02 seconds East and a length of 1231.55 feet along said boundary; thence North 24 degrees 59 minutes 17 seconds East 334.56 feet along said eastern boundary to an east line of the real estate described in Warranty Deed rewarded in Book 172 pages 72-73 in the Office of the Recorder of Hamilton County, Indiana; thence South 0 degrees 04 minutes 08 seconds West 31.37 feet along said east line to a north line thereof; thence South 89 degrees 51 minutes 19 seconds East 740.00 feet along said north line to the east line of said section; thence South 0 degrees 04 minutes 08 seconds West 1680.10 feel along said east line to the point of beginning and containing 35.49 acres, more or less. The above description was developed using Warranty Deed Book 172, page 72-73 There was no field survey to establish property corners. Exhibit "B" I I 1 .Jct l Covenants Running with the Parkland Real Estate This conveyance is made subject to certain covenants as set forth in that certain document entitled "Agreement" dated November 5, 1997 by and between Grantor and Grantee, including, but hot limited to, the following: It is understood between the parties hereto, and their successors in title, and made a covenant herein which shall run with the Real Estate, that all lands hereinbefore described are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever, other than subsurface rights as set forth in the Agreement, are intended to remain in Grantor. Further, Grantee acknowledges that Grantor has and is conducting mining operations on its real estate, including that portion of its real estate from which the above described Real Estate is conveyed. Grantee also acknowledges that Grantor, and its successors - in -interests, will continue to conduct mining operations on all of its remaining real estate in Clay Township following the conveyance of the Real Estate. Grantee further acknowledges that Grantor has and is leasing or may in the future lease to others, a part of its remainder real estate for use by industries which are subordinate to and related to Grantor's mining operations and which use products of Grantor's mining operations, such as for example only, the Batch Plants (hereinafter collectively and separately the "Related Industries"). Grantee acknowledges that Grantor's mining operations and the operations of any Related Industries may subject Grantee and the Real Estate to noise, dust, truck traffic, blasting vibrations and other inconveniences. As an inducement to American's execution and delivery of this Quit Claim Deed to Grantee, Grantee covenants, on behalf of itself and its successors -in -interests, that it shall not initiate any proceeding or take any action, or participate in any proceeding or action, to limit, prohibit or restrict Grantor's, and its successors' -in -interests, mining operations or the operations of the Related Industries located on Grantee's currently owned real estate, including, but not limited to, nuisance or trespass. Grantee, on behalf of itself and its successors -in -interests, does hereby waive, release, forever discharge and covenant not to sue Grantor, its successors -in -interests, their lessees' and their respective shareholders, officers, directors, and employees for any and all claims, demands, injuries, actions and causes of action at law or in equity, past, present or future, any damages, or other claims arising out of non -negligent mining operations, and/or non -negligent Related Industries operations, including, by way of illustration, and not limitation, property damage, including diminution of property value, emotional distress, loss of peace of mind and happiness, discomfort, inconvenience, annoyance, disruption, nuisance or trespass. For purposes of this paragraph, the term "proceeding" means any action, suit or proceeding, whether civil, criminal, administrative or investigative, and whether formal or informal. AmaggquitcliamdeedsexhB