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