116th - Engledow property Subordination Agreement200400073233
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J`HAYDEN
10-22-2004 At 03:52 pm.
SUB AGREE 43.00
Cross-reference: Inst. No. 200400033605 in the Office of Recorder of Hamilton County, Indiana.
Project: STP -B886
Parcel: 20A
SUBORDINATION AGREEMENT
� This»ubordination Agreement (this "Agreement") is made this ,2Yday of
2 c€ t 2007/6y and between CITY OF CARMEL, INDIANA, an Indiana municipal
corporation (herein "City"), and NATIONAL CITY BANK OF INDIANA (herein "NCB").
RECITALS:
A. Engledow Properties, LLC, an Indiana limited liability company
("Engledow") owns an approximately 11.743 acre parcel of real property in Hamilton County,
Indiana commonly known as 1100 East 116th Street, Carmel, Indiana 46032 (the "Engledow
Property").
B. As security for a loan in the original principal amount of $1,325,000.00,
Engledow granted a mortgage on the Engledow Property to NCB dated May 3, 2004 and
recorded May 18, 2004 as Instrument No. 200400033605 in the Office of the Hamilton County,
Indiana Recorder (the "Mortgage").
C. Pursuant to that certain Drainage Easement Agreement dated
Y 5, 200, and recorded on ,.200±, as Instrument
No. 2odt& c'1 O.$9- in the Office of the Hamilton County, Indiana Recorder (the "Easement
Agreement"), Engledow has granted to City a Drainage Easement over a portion of the
Engledow Property more particularly described on Exhibit "A" attached hereto and incorporated
herein and depicted on Exhibit "B" attached hereto and incorporated herein for purposes of
providing storm water drainage for a portion of the right-of-way for 116th Street, as such street
is commonly known in Hamilton County, Indiana (the "Easement Parcel").
D. In the event of a foreclosure of the Mortgage by NCB, City desires to
preserve its rights under the Easement Agreement in and to the Easement Parcel
notwithstanding the priority of the lien of the Mortgage.
E. NCB desires to subordinate the Mortgage and NCB's rights granted
therein to the Easement Agreement and to City's rights granted therein on the terms and
conditions set forth in this Agreement.
0
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, the following mutual promises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Approval and Subordination of NCB. The Easement Agreement, in the
form attached hereto as Exhibit "C" and incorporated herein, is hereby approved by NCB and
NCB hereby subordinates its lien and interest in the Easement Parcel under the Mortgage to the
Easement Agreement and City's rights thereunder, it being NCB's express intent to preserve
City's rights under the Easement Agreement in and to the Easement Parcel notwithstanding a
foreclosure of the lien of the Mortgage by NCB or its successors.
2. Remainder of Engledow Property. The lien of the Mortgage, including the
priority thereof, shall be unaffected with respect to the remainder of the Engledow Property lying
outside the Easement Parcel.
3. Notices. All notices and approvals to be given to a party under this
Agreement shall be given in writing, mailed or delivered as follows:
If to City:
City of Carmel
One Civic Square
Carmel, IN 46032
Attn: James W. Brainard, Mayor
With a copy to:
Robert A. Hicks, Esq.
HALL, RENDER, KILLIAN, HEATH& LYMAN, P.C.
2000 One American Square
Indianapolis, Indiana 46282
If to NCB:
NATIONAL�/CITY BANK OF INDIANA
7%77/A1/•/ /0,4,4096e'R C 4.2/roRA%L /&f,,oia 6
G/ /v, /P,m16,6C.t-il, ) ,
C -9R e /A" 176o-33
With a copy to:
/v/
or to such other or additional person or persons or at such other address or addresses
designated by notice to City or NCB, if applicable. Notices shall be delivered by hand or by
United States certified or registered mail, postage prepaid, return receipt requested. Notices
INIMAN2 869399v1
-2-
shall be considered to have been given upon personal delivery or upon posting in the United
States mails.
4. Counterpart Execution. This Agreement may be executed simultaneously
or in two or more counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
IN WkTNESS WI -I REOF, the parties have executed this Subordination
Agreement this /3 day of 6/(Yr , 200 c`
STATE OF INDIANA )
)
COUNTY OF )
"C ITY"
CITY OF CARMEL, INDIANA
By:
Printed: S -e . .✓tiaz,e
Title: Th>is{ Abrn
SS: ACKNOWLEDGMENT
Before me, a Notary Public in and for said County and State, personally appeared
St -a�qe/.t'in j the 4 it6,...,i. - of City of Carmel,
Indiana, do Indiana municipal corporation, who ac nowledged the execution of the foregoing
Agreement for and on behalf of such municipal corporation.
Witness my hand,and Notarial Seal this /,3 day of (f -. ,g�w , 200Y.
My Commission Expires:
�g 2 C , Zo //
Cou ty of ence:
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INIMAN2 869399v1
Not dfy_IDJbtic
\/vQy
Printed
L. j>44
STATE OF INDIANA
COUNTY OF P/am,iton )
SS: ACKNOWLEDGMENT
Be ore me, a Notary Public in and for said County and State, personally appeared
/4°//y UP/SSP , thec$Pnupr VCP NE;Si iPn-F, of National City Bank of
Indiana, who acknowledged the execution of the foregoing Agreement for and on behalf of such
bank.
Witness my hand and Notarial Seal this,,24'# day of %USuc f , 200. •
My Commission Expires:
County of Residence:
4'1achson
i
L44.,,r��
Notary Public
rsc Ktns
Printed
This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Render,
Killian, Heath & Lyman, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, IN
46282.
After recording return to Robert A. Hicks, Attorney at Law, Hall, Render, Killian,
Heath & Lyman, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, IN 46282.
-4-
INIMAN2 869399v1
EXHIBIT "A"
Project: STP -B886( ) Sheet 1 of 1
Parcel: 20A Perpetual Easement
A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 Fast,
Hamilton County, Indiana, and being that part of the grantor's land lying within the right-of-
way lines depicted on the attached Right -of -Way Parcel Plat marked as Exhibit "B", described
as follows: Commencing at the southeast corner of said quarter section, designated as point
"508" on said parcel plat; thence South 89 degrees 28 minutes 02 seconds West 84.576 meters
(277.48 feet) along the south line of said section to the southwest corner of the grantor's land;
thence North 0 degrees 19 minutes 59 seconds East 33.204 meters (108.94 feet) along the west
line of the grantor's land; thence North '89 degrees 28 minutes 02 seconds East 34.614 meters
(113.56 feet) to point "652" designated on said parcel plat and the point of beginning of this
description: thence North 22 degrees 24 minutes 23 seconds East 24.975 meters (81.94 feet)
to point "653" designated on said parcel plat; thence South 67 degrees 35 minutes 34 seconds
East 8.000 meters (26.25 feet) to point "654" designated on said parcel plat; thence South 22
degrees 24 minutes 19 seconds West 21.589 meters (70.83 feet) to point "655" designated on
said parcel plat; thence South 89 degrees 28 minutes 02 seconds West 8.687 meters (28.50
feet) to the point of beginning and containing 0.0186 hectares (0.046 acres), more or less.
This description was prepared for the City of Carmel by John M.
Garvey, Indiana Registered Land Surveyor, License No. S0148, on the
11th day of July, 2003.
This description was written from information obtained from the
recorder's office and other sources which were not necessarily checked
by a field survey.
IC Gels,
,......".*7 jr
%)/
ft57E 44.
( No. 50148 1c
rair SUM Or g
SU
:1�t'S
PARCEL: 20
PROJECT: STP -B886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
EXHIBIT "r
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: ENGLEDOW PROPERTIES, LLC
INSTRUMENT NO. 9404261 DATED: 1-19-94
Dimensions shown below are from the above listed record documents.
Centerline stationing tic marks are shown at 20 meter intervals.
0
35 36
O
O
0
649
R/W
0
c, Pei
•N
Perpetual
Easement
I I
R/W
652
▪ o
C U C J
✓ p 0)
E .` — c
va .2 E
W W a ,
0 ` N
0
0 O 0 O
O 0 03 Q
.
W M N q
o rm
CO I- 0 -
M I . O
01 c C
c o CO CO 03.I 0
Residue "A"
0
- o - O N
M
868
867
\\
0
R/W--""
233.31'
116th Line "PR -1"
STREET
869
1
3
Nur
0
SHEET 1 OF 2
DES, NO.: 9785910 & 9785911
DRAWN BY: C.J. HOGSTON, 7-07-03
CHECKED BY: J.R. RITTER, 7-09-03
Hatched area is the
approximate taking,
100'
200'
P
•
•
•
•
••�
0
5'06p
SCALE: 1'1=100'
51000
O
R/W -
A
5.100
6►
0
a
O
560
0
44.17'
5.140
e
508
36 31
This plat was prepared from information obtained from the recorder's office
and other sources which were not necessorily checked by a field survey.
R/W
116
PARCEL: 20
PROJECT: STP -B886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: ENGLEDOW PROPERTIES, LLC
SHEET 2 OF 2
DES. NO.: 9785910 & 9785911
DRAWN BY: C.J. HOGSTON, 7-07-03
CHECKED BY: J.R. RITTER, 7-09-03
POINT REFERENCE TABLE (METRIC UNITS)
(NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES)
POINT
CENTERLINE
STATION
OFFSET
NORTHING
EASTING
502=
"PR -1"
1.200.059
3.435 Rt.
4629.038
4206.187
508'
"PR -1"
2.009.481
3.200 Rt.
4636.563
5015.612
515
"PR -1"
2.818.967
0.000 Rt.
4638.861
5825.074
537
"MONON"
4+902.430
0.000 Rt.
4836.655
5079.781
539
"MONON"
5.200.549
0.000 Rt.
4551.172
5005.206
560
"PR -1"
2.009.460
0.000 Rt.
4639.763
5015.582
565
"PR -1"
1.226.583
0.000 Rt.
4632.485
4232.739
566
"PR -1"
2.390.002
0.000 Rt.
4640.843
5396.122
649
"PR -1"
1.920.000
30.000 Lt.
4668.930
4925.847
652
"PR -1"
1.960.000
30.000 Lt.
4669.302
4965.845
653
"PR -1"
1.969.734
53.000 Lt.
4692.392
4975.365
654
"PR -1"
1.977.101
49.882 Lt.
4689.342
4982.761
655
"PR -1"
1+968.687
30.000 Lt.
4669.383
4974.532
867
"PR -1"
1.988.000
30.000 Lt.
4669.562
4993.844
868
"MONON"
5.050.000
19.000 Rt.
4704.858
5006.678
869
"MONON"
4.990.000
12.500 Rt.
4761.543
5031.524
870
"MONON"
4+960.000
10.159 Rt.
4789.017
5045.116
" See 'Location Control Route Su vey Piet'
SURVEYOR'S STATEMENT
To the bast of my knowledge and belief, this plat, together with the 'Location
Control Route Survey Plat' recorded as Instrument No. 200000059060 in the
Office of the Recorder of Hamilton County, Indiana, (Incorporated herein and
made a part hereof by reference) comprise a Route Survey executed In
accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 12).
a
Farrar, Carve/ & Associates, LIC
8925 N. Meridien • Indianapolis, IN 46260
(317 1814-8200 * FAX (3,17) 5441158
`\\\\0111 IIII1111 /
•
No. S0148
C..% STATE OF C
7-11-03 ljy, STATEN► ::10
JohM. Garvey Date SURv�(.
Reg, Land Surveyor No. S0148
//,, .3
State of Indiana
ERHIBIT "C"
Cross Reference to Prior Deed or Plat of Record: Instrument No. 94 4261, as recorded on January 25, 1994
in the
Hamilton County, Indiana Recorder's Office
Project: STP -8886
Parcel: 20A
DRAINAGE EASEMENT AGREEMENT
(Engledow Property)
This Drainage Easement Agreement (this "Agreement') is made and entered into this
1 5 day of Sep}e4, 2004 by and between ENGLEDOW PROPERTIES, LLC, an
Indiana limited liability company ("Grantor") and the CITY OF CARMEL, INDIANA, an Indiana
municipal corporation ("Grantee).
RECITALS
A. Grantee has jurisdiction and control over and maintains and repairs 116th Street
and the right-of-way for 116th Street located between Pennsylvania Street and Rangeline Road in
Hamilton County, Indiana (the "116th Street ROW").
B. Grantee intends to widen and improve 116" Street at its location within the
116'" Street ROW, and in connection therewith certain new storm water drainage facilities will be
constructed, including, without limitation, various drainage pipes and other drainage facilities.
C. Grantor owns certain real property located in Hamilton County, Indiana along
the north side of the 116th Street ROW on which is located an existing detention pond (the "Existing
Pond"), and Grantor desires to grant, on the terms and conditions set forth herein, a storm water
drainage easement to Grantee for purposes of constructing and installing drainage pipes and other
drainage facilities to and from the Existing Pond to provide storm water drainage for the 116th Street
ROW.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grant of easement and the mutual promises and
covenants set forth herein, and of other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its
successors, grantees and assigns, a non-exclusive, perpetual storm water drainage easement over,
under, through and across that portion of the property owned by Grantor more particularly described
on Exhibit "A" attached hereto and incorporated herein and depicted upon the right-of-way parcel plat
attached hereto as Exhibit "B" attached hereto and incorporated herein (the "Easement Parcel") for
the purpose of constructing, installing, utilizing, maintaining, repairing, replacing and servicing such
pumps, piping and other drainage facilities as required by Grantee for the purpose of allowing Grantee
to divert storm water from the 116th Street ROW. The easement granted herein includes the right to
divert storm water from the storm sewers located in the 116th Street ROW to the Existing Pond for
detention purposes, with outflow from the Existing Pond into the W. R. Fertig regulated drain (Carmel
Creek). The pipes, pumps and other drainage facilities constructed and installed by Grantee pursuant
to the terms hereof are hereinafter collectively referred to as the "Facilities." Grantee's use of the
Easement Parcel, as well as its repair, replacement, maintenance and servicing of the Facilities, shall
at all times fully comply with all applicable laws, statutes, codes, ordinances, rules and regulations.
Grantee agrees that it shall not, at any time, install or maintain any above -ground Facilities or other
INIMAN2 878067v1
above -ground improvements in or on the Easement Parcel, except for such above -ground manholes,
catch basins and discharge points as are reasonably necessary and other facilities which have been
approved by Grantor, which approval shall not be unreasonably withheld, conditioned or delayed. As
a part of the easement granted herein, Grantee shall have the right to temporarily go onto limited
areas of Grantor's adjoining land adjacent to the Easement Parcel as may be reasonable in exercising
Grantee's rights hereunder. Grantor agrees to relocate the Easement Parcel as may be reasonably
requested by Grantee to coincide with the actual location of the Facilities in the event the Facilities, as
constructed and installed, are located outside of the Easement Parcel legal description attached
hereto. Grantee shall be solely responsible for creating the new legal description for the Facilities as
actually located.
Grantee shall, at its sole expense, install and construct the Facilities substantially in
accordance with the plans therefor and in accordance with all applicable laws, statutes, codes,
ordinances, rules and regulations. Grantor acknowledges receipt of a copy of such plans and further
acknowledges its approval thereof. Grantee shall notify Grantor not less than seven (7) days prior to
entry onto the Easement Parcel in connection -with the work of constructing and installing the Facilities
and Grantee shall restore any portion of the Easement Parcel and Grantor's adjoining land disturbed
during such construction work to the same condition as existed prior to such work to the extent
reasonably practicable, but subject to the terms set forth in the last paragraph of this Section 1. The
Facilities shall be, and shall remain at all times, the sole property of Grantee. Except for outfall
drainage from the Existing Pond, Grantor shall have no rights to use the Facilities for any purpose
without the express prior consent of Grantee in each instance. Neither Grantor nor Grantee, nor their
respective employees and agents shall take any action which would result in any overflowing,
clogging, silting, obstruction, diminution or damage to, or interference with, the Existing Pond or the
Facilities or the drainage intended to be provided thereby. The parties acknowledge that the
capability to expand the capacity of the Existing Pond is very limited. Therefore, it is agreed that
neither Grantor nor Grantee shall hereafter grant any right to use the Existing Pond to any third party.
In addition, Grantee agrees that it will not take any action that will increase the volume or rate of storm
water draining into the Existing Pond from the 116th Street ROW from their existing levels (following
the installation of the Facilities) without obtaining the prior written approval of Grantor, which approval
shall not be unreasonably withheld, conditioned or delayed. Grantor agrees that it will not take any
action that will increase the volume or rate of storm water draining into the Existing Pond from
Grantor's adjoining property from existing levels without obtaining the prior written approval of Grantee,
which approval shall not be unreasonably withheld, conditioned or delayed.
Grantor shall not erect any structures or other improvements in the Easement Parcci,
nor shall Grantor plant any crops, trees, shrubbery or other woody vegetation in the Easement Parcel
without the express prior written approval of Grantee. Any such structures, improvements, crops,
trees, shrubbery or other woody vegetation may be removed, damaged or destroyed by Grantee, its
agents, contractors, subcontractors or employees, without liability to Grantee or payment or
compensation therefor.
2. Maintenance of Facilities and Easement Parcel. The Facilities shall be
maintained in good order and repair by and at the sole expense of Grantee. Grantee shall have the
right, at all times and with prior notice to Grantor except in the event of an emergency (in which case
prior notice will not be required), to enter upon the Easement Parcel to construct, repair, maintain,
replace and operate the Facilities to the extent reasonably necessary to keep them in good order and
repair; provided, however, that Grantee shall use reasonable efforts to minimize disruption to any
businesses or other activities then being operated on Grantor's adjoining land. Grantor shall have no
duty to maintain, restore or replace the Facilities. However, Grantor at its sole cost and expense shall
be responsible for mowing the grass in the Easement Parcel and on the banks of the Existing Pond.
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INIMAN2 878087v1
Grantor acknowledges that the cost of such mowing services has been taken into account in the sum
heretofore paid to Grantor for the easement rights granted herein.
3. Indemnity.
a. Grantee hereby agrees to defend, indemnify and hold Grantor harmless
from and against any and all liabilities, damages, costs, judgments, suits, expenses and fees,
including without limitation, reasonable attorneys' fees, and costs of enforcing this indemnity,
incurred by Grantor to the extent arising out of or in connection with (i) Grantee's breach of any
agreement or covenant on its part to be performed hereunder, and (ii) any injury to person or
property resulting from any act or omission of Grantee, its employees, agents or contractors,
relating to the Existing Pond, the Facilities and/or the Easement Parcel;
b. Grantor hereby agrees to defend, indemnify and hold Grantee harmless
from and against any and all liabilities, damages, costs, judgments, suits, expenses and fees,
including without limitation, reasonable attorneys' fees and costs of enforcing this indemnity,
incurred by Grantee to the extent arising out of or in connection with (i) Grantor's breach of
any agreement or covenant on its part to be performed hereunder, and (ii) any injury to person
or property resulting from any act of Grantor, its employees, agents or contractors relating to
the Existing Pond.
4. Easement and Covenants Appurtenant. The easement granted, created and
made herein, together with the benefits thereof, shall run with the 116' Street ROW and inure to the
benefit of Grantee and its grantees, successors and assigns. The easement granted, created and
made herein, together with the burdens thereof, shall run with and bind the Easement Parcel, and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to
be real covenants which touch and concern the Easement Parcel, and the 116th Street ROW, as
applicable, shall run with the Easement Parcel, and the 116th Street ROW, and shall inure to the
benefit of and be binding upon Grantor, Grantee, as applicable, and their respective grantees,
successors and assigns. All covenants and agreements hereunder may be enforced by an action for
specific performance, and in the event that a party breaches any such covenant or agreement, a non -
breaching party may exercise any remedy available hereunder, at law or in equity, and recover from
the breaching party all amounts expended in connection with exercising any such remedy (including
without limitation, court costs and reasonable attorneys' fees).
5. Representations and Warranties. Grantor represents and warrants that it is the
owner in fee simple of the Easement Parcel, lawfully seized thereof and it has a good right to grant
and convey the easement granted herein. Grantor warrants the quiet use and enjoyment of the
easement granted herein, and further warrants that the Easement Parcel is free from all
encumbrances inconsistent or superior in right to the grant of easement herein. Grantor shall defend
Grantee's title in and to the easement granted herein against all persons and entities claiming by or
through Grantor.
6. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
7. Dedication. Nothing contained herein shall constitute a release or satisfaction
of Grantor's rights, if any, to seek or recover compensation for the public's or any governmental units'
use or appropriation of the Existing Pond or a dedication of the Existing Pond for public use or benefit,
and Grantor expressly reserves all such rights.
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INIMAN2 878067v1
8. Execution in Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, and all of which shall constitute one
document.
9. Notice. Any notice, demand, consent, election or other communication required
or permitted under this Agreement must be in writing and either delivered personally or sent by
certified or registered U.S. mail, postage prepaid, return receipt requested to a party at the following
address:
Grantor:
Engledow Properties, LLC
1100 E. 116th Street
Carmel, IN 46032
Attn: Mr. James Engledow_
Grantee:
City of Carmel, Indiana
Department of Public Works
One Civic Square
Carmel, IN 46032
Attn:
Any notice or other communication delivered personally will be deemed delivered at such time. A
notice or other communication that is delivered by mail in the manner prescribed herein shall be
deemed given three (3) business days after it is mailed. Any party may designate, by written notice to
the others, a different address or individual recipient.
10. Severability. Each provision of this Agreement shall be considered severable,
and if, for any reason, any provision herein is determined to be illegal, invalid or unenforceable, such
illegal, invalid or unenforceable provision shall not affect the operation or effect of those provisions in
this Agreement that are legal, valid and enforceable.
11. Authority. Each of the undersigned person(s) signing on behalf of Grantor and
Grantee, respectively, severally represents and warrants that he/she is a duly elected officer of the
entity he/she represents and has been fully empowered by proper resolution of the Board of Directors
or other governing body of such entity, to execute and deliver this Agreement; that the entity he/she
represents has full capacity to enter into this Agreement and to perform the obligations on its part to
be performed; and that all necessary internal actions have been taken with respect to such entity in
connection with this Agreement.
12.. Further Assurances. Each party hereby covenants and agrees to furnish or
obtain any and all necessary signatures and documents which may be required to perform or observe
the covenants herein contained and to permit the other party to do all things necessary or helpful to
fulfill its obligations or enjoy the rights hereunder.
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INIMAN2 B78087v1
IN WITNESS WHEREOF, Grantor and Grantee have executed this Drainage
Easement Agreement as of the date first written above.
STATE OF INDIANA
COUNTY OF)
SS:
GRANTOR
ENGLEDOW PROPERTIES, LLC, an Indiana limited
liability company
By: \/tun
Printed: � t`\
Title: VeQSiG�u
L .���Jo�
GRANTEE
CITY OF CARMEL, INDIANA, an Indiana municipal
corporation
By
Printed: C'. (�(,'
Title:
efpr9 me, a Not Publljyc� in nd for said County and State, personally appeared
MI OW pvthe Not
of Engledow Properties, LLC, an Indiana limited
liability company, who, having een duly sworn, acknowledged the truth and accuracy of the
representations made, herein and the execution of the foregoing Drainage Easement Agreement for
and on behalUof said company.
Witness my hand and Notarial Seal t day of>2fi At4t , 2004.
My Commission Expire ::52 o-w_ir 61e,
I am a resident of j 'AJ ounty, IN
INIMAN2 878087v1
STATE OF INDIANA
SS:
COUNTY OF �(vyr . )
Before me, a N9tary Public in and for said County and State, personally appeared
SC e e/E,' the Baine,;„ . of the City of Carmel, Indiana, an Indiana
municipal corporation, who, having t6een duly sworn, acknowledged the truth and accuracy of the
representations made herein and the execution of the foregoing Drainage Easement Agreement for
and on behalf of said company.
Witness my hand and Notarial Seal this /. of
day ,...�� , 2004.
Nota#yubli
vef
7fy
Printed NarrSe
My Commission Expires: (fix .26, 20/i
I am a resident of County, IN
�. J'>MI,/u-
This instrument was prepared by Donald R. Russell, Attorney at Law, HALL, RENDER,
KILLIAN, HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064,
Indianapolis, Indiana 46282, (317) 633-4884.
Return following recording to: Donald R. Russell, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis,
Indiana 46282, (317) 633-4884.
- 78645_1 DOC/DRR
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INIMAN2 878087v1
EXHIBIT A
LEGAL DESCRIPTION FOR
EASEMENT PARCEL
See attached legal description
INIMAN2 878087v1
EXHIBIT "A"
Project: STP -B886( ) Sheet 1 of 1
Parcel: 20A Perpetual Fasement
A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East,
Hamilton County, Indiana, and being that part of the grantor's land Tying within the right-of-
way lines depicted on the attached Right -of -Way Parcel Plat marked as Exhibit "B", described
as follows: Commencing at the southeast corner of said quarter section, designated as point
"508" on said parcel plat; thence South 89 degrees 28 minutes 02 seconds West 84.576 meters
(277.48 feet) along the south line of said section to the southwest corner of the grantor's land;
thence North 0 degrees 19 minutes 59 seconds East 33.204 meters (108.94 feet) along the west
line of the grantor's land; thence North S9 degrees 28 minutes 02 seconds East 34.614 meters
(113.56 feet) to point "652" designated on said parcel plat and the point of beginning of this
description: thence North 22 degrees 24 minutes 23 seconds East 24.975 meters (81.94 feet)
to point "653" designated on said parcel plat; thence South 67 degrees 35 minutes 34 seconds
Fast 8.000 meters (26.25 feet) to point "654" designated on said parcel plat; thence South 22
degrees 24 minutes 19 seconds West 21.589 meters (70.83 feet) to point "655" designated on
said parcel plat; thence South 89 degrees 28 minutes 02 seconds West 8.687 meters (28.50
feet) to the point of beginning and containing 0.0186 hectares (0.046 acres), more or less.
This description was;prep:Wefor tue City of Carmel by John M.
Garvey, Indiana Registered Land Surveyor, License No. S0148, on the
II' day of July, 2003.
This description was written from information obtained from the
recorder's office and other sources which were not necessarily checked
by a field survey.
35
PARCEL: 20
PROJECT: STP -B886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E,
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER; ENGLEDOW PROPERTIES, LLC
INSTRUMENT N0. 9404261 DATED: 1-19-94
Dimensions shown below are from the above listed record documents.
Centerline stationing tic marks are shown of 20 meter intervals.
0
36
0
R/W
0
0 -
cm en
• N
'1
Perpetual
Easement
I I
652
655
0
c
0
c 0
-.. c
E
rW
• 0
•1 O
0
L C
0' 0
wM
.M u
0
V/ •-
w c
•- o
0 0
M
0
J
J
C
c
c
-coE
N :Ls
W N
ca
`
0
867
Residue "A"
668
®'
R/W-"dr `
233.31'
116th Line "PR -1"
STREET
869
1
1
0
DES. NO.:
DRAWN BY:
CHECKED BY:
SHEET 1 OF 2
9785910 & 9785911
C.J. HOGSTON, 7-07-03
J.R. RITTER, 7-09-03
Hatched • area is the
approximate taking.
100' 200'
SCALE: 1'=100'
(670
' 060 '060
5.100
44.17'
5.140
e
4
0
0
This plat was prepared from information obtained from the recorder's office
and other sources which were not necessarily checked by a field survey.
36 31
1 6
R/W / 1
cc
z
PARCEL: 20
PROJECT: STP -0886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 36
TOWNSHIP: 18 N.
RANGE: 3 E.
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: ENOLEDOW PROPERTIES, LLC
SHEET 2 OF 2
DES. NO.: 9785910 & 9785911
DRAWN BY: C.J. HOGSTON, 7-07-03
CHECKED BY: J.R. RITTER, 7-09-03
POINT REFERENCE TABLE (METRIC UNITS)
(NOTE:STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES)
POINT
CENTERLINE
STATION
OFFSET
NORTHING EASTING
502=
"PR -1"
1.200.059
3.435 Rt.
4629.038 4206.187
508"
"PR -1"
2.009.481
3.200. Rt.
4636.563 5015.612
515
"PR -1"
2.818.967
0.000 Rt.
4638.861 1 5825.074
537
"MONON"
4.902.430
0.000 Rt.
4836.655
5079.781
539
"MONON"
5.200.549
0.000 Rt.
4551.172
5005.206
560
"PR -1"
2.009.460
0.000 Rt.
4639.7 63
5015.582
565
"PR -1"
1.226.583
0.000 Rt.
4632.485
4232.739
566
"PR -1"
2.390.002
0.000 Rt.
4640.843
5396.122
649
"PR -1"
1.920.000
30.000 Lt.
4668.930
4925.847
652
"PR -1"
1.960.000
30.000 Lt.
4669.302
4965.845
653
"PR -1"
1+969.734
53.000 Lt.
4692.392
4975.365
654
"PR -1"
1.977.101
49.882 Lt.
4689.342
4982.761
655
"PR -1"
1.968.687
30.000 Lt.
4669.383
4974.532
867
"PR -1"
1.988.000
30.000 Lt.
4669.562
4993.844
868
"MONON"
5.050.000
19.000 Rt.
4704.858
5006.678
869
"MONON"
4.990.000
12.500 Rt.
4761.543
5031.524
870
"MONON"
4.960.000
10.159 Rt.
4789.017
5045.116
= See 'Location Control Route Survey Plat'
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the 'Location
Control Route Survey Plat' recorded as instrument No. 200000059060 In the
Office of the Recorder of Hamilton County, Indiana, (Incorporated herein and
made a part hereof by reference) comprise a Route Survey executed In
accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 12).
F
Farrar, Garvey & Associates, LLC
8925 N. Meridian • Indianapolis, 11 16260
(917) 814-8900 • FAX (917) 611-9155
\\�oWuulldgr�o '
No. S0148
•••• STATE OF .•�'
rI/� 7-11-03 X9,1,'•. ;roDIAN� .��
Joh M.
M. Garvey Surveyor No. S0148 Date ••i�SURv
State of Indiana