Hazel Dell Parkway/Carmel &HCEXHIBIT "B" PAGE 1 OF 8
~IILTON COUNTY
CITY OF CAI~4~L
HAZEL DELL PARKWAY
instrument
9709741867
9709741867
Filed for Record in
HAM~L~O~L~NTY, INDIANA
MAR
On 10-02-1997 At,04:19 pm.
-- 23. OO
AGREEMEN~ '
· INTERLOCAL COOPERATION AGREEMENT
This Agreement is made pursuant to I.C. 36-1-7-9 and entered into on the dates set out
herein by and between the CITY OF CARMEL, INDIANA, acting by and through its Board of
Public Works and Safety (hereinafter referred to as the "City") and HAMILTON COUNTY,
INDIANA, acting by and through its Board of Commissioners (hereinafter referred to as the
"County").
WITNESSETH:
WHEREAS, the City, pursuant to the 2020 Vision comprehensive Plan for the
City of Carmel and Clay Township, is planning a thoroughfare project in eastern Clay · ?
Township to be known as Hazel Del1 Parkway (hereinafter referred to as the "Parkway").
WHEREAS, the purpose of this project is to reconstruct and extend the existing Hazel
Dell Road tSom 146* Street to 96~ Street in order to provide an additional north-south
thoroughfare and bike paths and sidewalks for existing and future residents of the City (the
"Project").
WHEREAS, when completed the Parkway will provide a safer and more convenient road
for residents of the adjacent neighborhoods and other parts of Harnilton County, and will serve to
reduce traffic congestion on all north-south thoroughfares in southern Hamilton CounW as well
as reduce the probability of accidents·
WHEREAS, the County, also pursuant to the 2020 Vision comprehensive plan, is
engaged in or is plarming thoroughfare projects that will improve 146~ Street, 116~ Street, and
96~ Street where such streets intersect with the planned Parkway, hereinafter referenced
individually, the "146* Street Intersection", the 116~ Street Intersection" and the "96~ Street
Inter~ection respectively, and, collectively the "Hazel Dell Intersections"._
WHEREAS, the City and County have previously entered into an interlocal cooperation
agreement entitled "Intergovernmental Agreement", coded HCI-ID#M960011, providing for
cooperation between the two parties in making construction improvements to 116~ Street (the
"116~ Street Intergovernmental Agreement").
WHEREAS, it is in the best interest of the City and County to cooperate in causing the
City's construction of the Parkway to be coordinated with the County's improvements to the
various intersections along the Parkway.
EXHIBIT "B" PAGE 2 OF 8
NOW, THEREFORE, in consideration of the premises and the mutually dependent
covenants herein contained, the City and County agree as follows:
.Section 1 a. Parkway Plans and Specifications.
The City shall prepare, or cause to be prepared, plans, specifications, and
special provisions for said reconstruction and extension of the Parkway in
Hamilton County and the City of Carmel, Indiana, from the existing intersection of
Hazel Dell Road and 146~ Street to approximately the existing intersection of River
Avenue and 96~ Street inclusive of the Hazel Dell Intersections (the "Parkway Plans
and Specifications") attached hereto as Exhibit "A". Upon the Effective date of this
Agreement, the City shall request its engineers to redesign at the County's expense
the 146~ Street Intersection so that it is consistent with the County's current
specifications for 146~ Street at least 350 feet east and west of the center line of the
Parkway. Except as otherwise specifically provided, the Parkway and the
Intersections shall be designed and constructed in accordance with the current
IN-DOT Design Manual and Standard Specifications and with current Federal
Funding Requirements, if applicable.
b. 146~' Street Intersection Improvement Cost Responsibility.
The City shall pay only the cost of improving the southern approach to the t46th
Street Intersection. The County shall pay the cost of the signal design as well as
the signal installation costs and all other necessary improvements including the
western, northern and eastern approaches to the 146t~ Street Intersection. The
County will bill the City for the reimbursement of any costs as described in this
Section within 60 days after an~/reimbursable costs are incurred. The City agrees
to make the reimbursement payment within 45 days after receipt of a detailed
invoice from the County.
c. 116~h Street Intersection Improvement Cost Responsibility.
The County shall modify its plans for the improvement of 116th Street to
accommodate the construction of the 116~' Street Intersection according to the
Parkway Plans and Specifications. However, the City agrees to reimburse the
County for the documented and detailed cost (if any) of all necessary and
reasonable design modifications, and the City shall pay the cost of the signal design
and all other necessary improvements respecting the 116® Street Intersection as set
forth on the Plans and Specifications. The County will bill the City for the
reimbursement of any costs as described in this Section within 60 days after any
reimbursable costs are incurred. The City agrees to make the reimbursement
payment within 45 days after receipt of a detailed invoice from the County.
d. 96~ Street Intersection Improvement Cost Responsibility.
EXHIBIT "B" PAGE 3 OF 8
Section2 a.
The County shall permit a road cut from the _Parkway onto 96th Street according
to the Parkway Plans and Specifications. The County will make modifications to
the portion of96~ Street, which extends west from the eastern point of the
intersection of96~' Street and the Parkway, to accommodate the Parkway Plans
and Specifications which can be accommodated given the status of construction of
that portion of96~ Street. The County also agrees to modify its plans for
construction o fits Project #5 beginning east of the eastern boundary of the 96th
Street Intersection: The County also hereby agrees to install a signal at the
intersection at 96~' Street and the Parkway. The City hereby agrees to reimburse
the County for the documented and detailed cost (if any) of all necessary and
reasonable modifications for the 96~' Street Intersection with the Parkway,
including the cost of the signals. The County will bill the City for the
reimbursement of any costs as described in this Section within 60 days after any
reimbursable costs are incurred. The City agrees to make the reimbursement
payment within 45 days after receipt of a detailed invoice from the County.
City's Acquisition Responsibility: 146~ Street.
Other than as set forth in Section 2b below, the City shall acquire all fight-of-
way to construct the Parkway. Such acquisition responsibility includes, but is
not limited to, right-of-way engineering, abstracting, appraising, review
appraising, buying, property management, relocation assistance and
condemnation (if required).
b. County's Acquisition Responsibility: 146~ Street.
Except as otherwise specifically provided below, the County shall acquire the
right-of-way for all parcels contiguous to 146~' Street necessary to construct
the 146~' Street Intersection pursuant to the Parkway Plans and Specifications.
The City shall acquire the parcel located on the southeast comer of the 146~
Street Intersection as depicted on the Parkway Plans and Specifications..
However, the Parties agree that they will share equally the total payments to
landowners for the right-of-way contiguous to the 146th Street Intersection.
The City shall acquire and pay the costs of all land acquisition south of those
parcels which are contiguous to the 146~h Street Intersection. The acquiring
party will bill the other party for the reimbursement of any costs as described
in this Section ,within 60 days after any reimbursable costs are incurred. The
billed party agrees to make the reimbursement payment within 45 days after
receipt of a detailed invoice from the acquiring party.
City's Acquisition Responsibility: 116t~ Street.
The City shall acquire any additional right-of-way necessary to construct the
116~ Street Intersection pursuant to the parkway Plans and Specifications.
Should the County's modification to its plans for the improvement of 116~
Street pursuant to Section 1 (c) above require the acquisition of additional
EXHIBIT "B" PAGE 4 OF 8
Section 3
Section 4
Section 5
right-of-~vay from the centerline of 116~h Street south through the property
owned or controlled by James Steckley, the City shall also acquire that right-
of-way on behalf of the County. Once the County provides to the City the
legal descriptions of the right-of-way required from Steckley, the City shall
use due diligence to complete such acquisition. However, the County agrees
to reimburse the City for the cost of any such fight-of-way that is situated
outside of the City's boundaries within 45 days after receipt o fan invoice
from the City.
d. City's Acquisition Responsibility: 96th Street.
The City shall acquire any additional right-of-way necessary to construct the
96th Street Intersection pursuant to the Parkway Plans and Specifications.
Utility Relocation coordination and Cost Responsibility.
a. The City and County shall coordinate the relocation of all utilities within
the Parkway pursuant to the Parkway Plans and Specifications.
b. The City shall pay the costs of all necessary relocation of utilities south of
the existing center-line of the 146~ Street Intersection. The County shall pay
the costs of the relocation of utilities north of the existing center-line of the
146~' Street. The City will bill the County for the work described
in this Section upon the execution of a utility relocation agreement by the City
with each affected utility. The County shall make payment to the City for the
costs set forth in this Section within 45 days after receipt of an invoice from
the City.
Project Manager.
The City shall act as the Project Manager of the Project and in doing so shall
be responsible to obtain any and all necessary government approvals and
permits for construction of the Parkway.
Construction Monitoring.
The City shall provide competent and adequate engineering, testing, and
inspection services to monitor work on the Parkway. During construction, the
County may inspect (at its own expense) the improvements within the Parkway
for which the County will be responsible after completion thereof. The County
shall promptly notify the City, in writing, of any deficiencies in the work
within the Parkway. Failure to so notify the City shall be deemed acceptance
by the County. The City shall deliver to the County a copy of all inspection
reports for the parkway.
EXHIBIT "B" PAGE 5 OF 8
Section 6
Section 7
Section 8
Section 9
Section 10
Section I I
Notwithstanding the foregoing, the County shall notify the City in writing of
its selection of an engineer and the City hereby agrees that such engineer shall,
at the City's expense, perform inspections of bridge structures which are within
the Parkway and which structures are in excess of twenty (20) feet.
Annexation and Mileage Credit.
The City and County agree that, on or before completion of the construction of'
the Parkway, the City will annex into the City of Carmel all right-of-way to be
used for the Parkway. Should the City's annexation of the Parkway be
delayed, the City hereby agrees to maintain the Parkway right-of-way and the
County hereby agrees to execute all documents necessary to transfer the
Parkway fight-of-way to the City for State funding purposes. The County
shall if necessary, appropriate a specified part of the distribution from the
motor vehicle high~vay account or the local road and street account or both to
be made to the City.
Recordation.
This Agreement shall be recorded by the City in the Hamilton County
Recorder's Office after approval by the fiscal bodies of each the City and the
County, shall be filed with the Mayor of the City of Carmel and the
Hamilton County Auditor and filed with the auditor of state, all pursuant to IC
36-I-7-9, and shai1 not be deemed enfomeable and binding until the same is
so recorded and so filed.
Termination.
The obligations of this Agreement shall survive completion of the construction
and final inspection of the Parkway anticipated to be less than four years from
the Effective Date.
Mediation.
Both parties agree to attempt to mediate any dispute under this Agreement
prior to initiating any legal action.
Exhibits.
All exhibits referenced and attached hereto are incorporated herein.
Effective Date.
The Effective Date of this Agreement shall be that date on which the last of the
parties hereto approves and executes this Agreement.
,EXHIBIT "B" PAGE 6 OF 8
INSOFAR AS authorized by law, this Agreement shall be binding upon the
parties and their successors or assignees.
IN WITNESS WHEREOF, the parties have executed this Agreement.
BOARD OF COMMISSIONERS
Steven C. Dillinger
Sharon R. Clark
ATTEST: /~
Jon M./~Jgle fJ
Hamilt6n County Auditor
COMMON COUNCIL OF THE CITY OF
INDIANA
Luci~nyder
Diana L. Cordray /!
Clerk-Treasurer, City of Carmel(.f
ACKNOWLEDGMENT
STATE OF INDIANA
COUNTY OF ,/~"1~
SS:
EXHIBIT "B" PAGE 7 OF 8
Before me, a Notary Public in and for said County and State, personally appeared Steven C.
Ditlingcr, Steven A. Holt, and Sharon R. Clark, Members of the Hamilton County Board of
Commissioners, and acknowledged the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this ~ 5'" day of ,,~qL 1997.
My Conunission E~E?es:
Signature
Printed
Notary Public
Residing in /-~,'/~County, State of Indiana
ACKNOWLEDGMENT
STATE OF INDIANA
COUNTY 0F /~,'1,' /
SS:
Before me, a Notary Public in and for said County and State, personally appeared, and Billy L.
Walker, ¥c/~,-/ /:' [',',,-t.: ,
,I,,-, .~%,,',Mr .... ', , /V. ~-. lq, ,,d~c , ~,,~ ~ A~,-,./,~,~/ ,
,I,,...~...~271r~, ~,~ ~ ~r~,.~ , Members of~e Co~on Co~cil of the
Ciw of ~el, ~d ac~owledg[d the execution of~e foregoing Ageement.
Wimess my h~d ~d Not.al Seal this ~ r,t day of 5'ej~m b~ ~, 1997.
My Commission Expires: Sign~/m,,r.e
Printed
Notary Pubtic /,~ b c ,. ~- ,: I .
Residing in .,/-~;~,, ,,>r ( County, State of Indiana
This instrument was prepared by John R. Molitor, Attorney at Law, I 1 711 North Meridian
Street, Suite 200, Cat-mel, Indiana 46032.
EXHIBIT "B" PAGE 8 OF 8 ~
Approved and Adopted th/s ?, '-''/day o~ ~..'~2~7~,'.~,,/~,. 1997.
/
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
~a t ee:~ B, -r~m ar d~Mf~f/~w' ~2_~
Diana Cordra..y,,~C, lerl/-.ffzr~surer/ /
EXHIBIT "C" PAGE 1 OF 11
PROJECT Hazel Dell Parkway PARCEl, I
PARCEL NO. 1
RIGIqT OF WAY
A par[ o! the Southwest Ouorter ond o port ol thc Southcost Quorter oil in Section 9, Township 17
North, Range 4 East, 14omilton County. Indiana, described os tallows: Dc, ginning at o point on the
east line o! said southwest quarter section Nor%h O degrces 17 minutes 57 seconds East (assumed
bearing) 65,00 lee[ tram the southeast corner of said souihwes[ guorter seclion, said point being
the intersection al said east line and [he north boundary of 96th Street; thence South Bg degrees
44 minutes 17 seconds West 296.47 Icc[ along thc north boundary at said g6[h Street; thence
North 67 degrees 56 minutes 12 seconds East $5.85 fee[', thence North 89 degrees 44 minu~es 17
seconds Eos[ 135.00 feel', Ihcnce Norih 47 degrees 06 minutes 35 seconds Eos[ 4g.70 [ecl; thence
North 0 degrees 05 minutes 41 seconds EoM 966.26 loci', tl'~ence Norlheosterly 67g.54 feet along
on arc to [he right and having o radius of 622.g6 Icet and subtended by o long chord hovlng o
bearing oi' North 51 degrees 20 minules .Il seconds East and o length al 646.3.5 loci; [hence North
62 degrees 55 minutes 41 seconds I:osl 202.58 feel; U'mnce Noriheostcrly 62g.51 feel along on arc
to the left and having o radius o[ 666.20 lee[ and sublended by o long chord having o bearing al
North .3.5 degrees `31 minutes 28 seconds EoM and o length of 606.35 loot; Ihence North 8 dcgrees
27 minutes 16 seconds J~ost 416.45 Ice[ t0 thc'north line of Ihe .54 ocr(: tract al land described in
Deed Record 1.50, page 552 in the office al the Rccorder al Hamilton County, Inditing; thence Norlh
8g degrees 51 minutes 07 seconds [esl 101.14 I'cet along said nortt~ lin(:; thence Souih 8 degrees
27 minutes 16 seconds Wes[ 431.58 loci; thence %ou[hwes[erly 724.00 lee[ along on arc to the
right and having o rodiu~ al' 766.20 fee[ and subtended by o long chord having o bearing o[ South
35 degrees .'.SI minutes 28 seconds Wesl and o lenglh of 697..37 lee[; thence South 62 degrees .35
minutes 41 seconds Wesl 202..58 feel', thence Southwesterly .329.94 leer along on arc Ia the left
and having o radius of .522,96 feet and subtended by n long chord having o bearing al South 44
degrees .31 minutes 14 seconds Wesl and o length o1' 524.50 leer Io o south line al the owner's land;
thence South 8g degrees 28 minules 32 seconds Wosl 7,1.65 fe~;t along said south llne to the
line of said southwest quarter section; thence Souih 0 degrees 17 minules 57 seconds West
1250.78 leer along said eom line [o the point of beginning and conloining 6.151 acres, more o,r less.
PARCEL NO, lA
RIGHT OF WAY
A part of the Wesl Half of the Northeast Querier of Scction 9, township 17 North. Range 4 [esl,
Hamilton County, Indlono described os follows: J3eginning at o point on Ihe south line o1' said
quarter section Norlh 89 degrees 5i minutes 07 seconds Cost (assumed bcering) 842.67 Jeer
Item Ihe southwest corner of sold quortcr section; [hence North 8 degrees 27 minutes 16 seconds
East 767.g8 feet to Ihe north line of the 22.77 acre Jrocl ollond described in Deed Record 167,
Page 260. in [he office of the Recorder of I-Iomilton County, Indlono: Ihcncc Norih ~9 dcgrccs .54
minutes 49 seconds test 101.12 lee[ along said norih line; Ihcnce Soulh ~ dcgrecs 27 minutes 16
seconds West 767.87 leel Io said south line; thence South 8g degrees 51miruJles 07 seconds Wcsl
101,14 lee[ along said south line [o the point o{ beginning and conjoining 1.763 acres, more or
less.
LEGAL DESCILIPTIONS
I'I£11flVIANENT RIGI1T-OF-WAY
PARCELS I & lA
EXHIBIT "C" PAGE 2 OF 11
PROJECT Hazel De/!Par.k.~aY PARCEL.~
_PARCEL NO._lB
RICHT OF WAY
A port al [ha Southeast. Querier of Section 4, Township 17 Norris, Range 4 East, Iqornilion Counly,
Indiana, described as follows: Beginning al. a pain[ on [he souUa line o[ said section South 89
degrees 54 minutes 49 seconds West (assumed bearing) t292.O0 leal Irom [he southeast corner o[
said section; thence continuing South 80 degrees ,54 minutes 4'3 second.s We. si 189.68 feet along
said south llne lo [he southeastern boundary al River Rood; Ihence North 25 degrees 3,5 minutes 58
seconds East 817.33 feel along tile southeastern boundary o[ said River Rood to tiao eastern
boundary of smd River Rood; thence North 21 degrees 0G minutes 08 seconds [os't 798.11 leer
along the eastern boundary of said River Road I.o the north line o[ the 40,79 acre tract at land
described in Deed Record 208, page 1136 in the office at the Recorder al t.lomliton County, Indiana:
thence North 89 degrees 54 minutes 49 seconds East 90.31 itel along said north line; thence South
5 degrees 48 minutes 36 seconds West 17.06 feel; thence South 12 degrees t0 minutes 48 seconds ,
West 208.94 feel.; thence SouU'~ 17 degrees 03 minutes 36 seconds West 312.87 (eat; thence South
25 degrees 13 minutes 42 seconds West 408.46 teat: thence South 25 degrees 43 minutes 06
seconds Wesl 293.57 leer; thence SouthweMerly 345.12 leal along on arc Io the Jell and having o
radius of 220t.83 leer and subtended by o long chord hovincj o bearing oi South 17 degrees Ig
minutes 04 seconds West and o length o[ 342.77 feet to thc point al beginning and contianing 4.731
acres, more or less
PARCEL
RIGHT OF WAY
port o[ the [osI. half al Section 4, Township 17 North, Range 4 [esl, Hamilton County, Indiana,
' t lhe cenler of said section; thence South (South 0 degrees 01
dAescdbed os Iono,~,s: Co.m,m~ong,o,' ~_.:_~,, tl67 06 fee (deed) ~162.~2 leer (cole.) along the west
minutes 41 seconds West i, os..,urnea oeo-us/! 09.2:5 acre tract DJ land described
tine DJ the southeast quartet' of said section 'to thc south line of o
in Deed Record Oook t86, page 80 in the ollice of the Recorder of Hamilton County, Indiana; thence
North 89 degrees 54 minutes 49 seconds Cos[ 1834.20 feet along said line lo the eastern bauadory
o! Slyer Road and the point of beginning al [l'~is description; ~hence North 21 degrees 06 minutes 08
seconds fast 1~)7.25 feel along [he eastern boundary al said River Rood; thence Northeasterly
,t87.26 leer along on arc to the leJt and having o radius al 419.40 feel. end sub[ended by o long chord
having o bearing of North l] degrees 18 minutes 41 seconds East and o length al 18,5.71 Jcc[ along
said eastern boundary; thence North 4 degrees 28 minutes ,17 seconds West 17.L53 leer along said
eastern boundary; thence South 10 degrees O0 minutes dg seconds East 158.97 frei; [hence South 5
degrees 48 minutes 3~ seconds Wes[ I92.03 loot [o said 5oJJth line; [hence Soulh 89 degrees ,54
minutes 49 seconds West ga..St Joel along said south llne to th(: point oJ beginning and containing
O.330 acres, more or less.
LEGAl., DESCRIPTIONS
pEII. M A.NENT RIGHT-OF-WAY
pARCELS lB & ID
EXHIBIT "C" PAGE 3 OF 11
PROJECT l-la,;el Dell Parkway ,,PARCEL
PARCELNO. 1C
RIGI-I¥ O1'- WAY
A p~rt of Ihe East 14o1[ of Section 4, Township 17 North, Range 4 East, Hamilton County, Indiana.
described os follows: Commencing at the norlhwest corner o[ said hell section; thence South 89
degrees 42 minutes 50 seconds Cast (assumed bearing) 879,12 feet along lhe north tine of said
section; thence South 0 degrees 17 minules 10 seconds Cosl 45.00 fact to thc poin~ of beginning
of this description, which point is on the south boundary el 116th Street; thence South 89 degrees
42 minutes 50 Seconds East 517.47 leaf along the south boundary of said ll6th SIreet; thence
South 81 degrees 10 minules $9 seconds East 202.24 foot along said sot.~th boundary; thence South
89 degrees 42 minutes 50 seconds Cast 132.01 loot olonq said south boundury to Ihe wcslern
boundary of River Rood; thence South 4 degrees 39 minu'tes 36 seconds East 821.43 feel along 1ho
western boundary o[ said River Rood; thence South 4 degrees 42, minule 46 seconds East 500.0,5
feet along sold western boundary; 1hence South 4 degrees 4`sminu~C:;,50 seconds Easl 499.91 leer
along said *.vesiern boundary; thence South 4 degrees 29 rninutes 4:5 seconds [est 499.95 feet
along said western boundary; thence South 4 degrees .5,5 minutes 07 seconds Eo3t 500.00 loot
along said western boundary; thence South 4 degrees 28 minutes 47 seconds East 872.47 lect
elan9 said western boundary; Ihence Southwesterly 147.07 feet along on arc Io Iht righl end having
o radius of 329.40 leer end sublended by o Iono chord having o bearing el Soulh IJ dcqrecs 18
minutes 41 seconds West end olength of 14,5.86 feet along said western boundary; thence South 21
degrees 06 minutes 08 seconds West 192.14 leer along said western boundary to o soutl', linc
99.23 acre tract el lend described in Oecd Record 186, page 80 - 81 in the oflice af thc l~ecorder of
Hamilton County, Indiana; thence Soull~ 8.9 degrees 54 minules 49 seconds West 14.95 leer along
said south line; thence North 7 degrees 2'7 minu~cs,54 seconds East 20L3 feet; thence North
degrees 02 minutes 08 seconds Cos( 96.30 feet; Ihcnce Northwesterly 216.72 leer along on arc to
the left end having a radius el 2206.83 feet and subtended by o long chord having o bearing
Nodh 2 degrees 00 minutes i2 seconds West end o lengih el 216,6,1 feet; Ihence Norlh 4 degrees
49 minutes 00 seconds West 474.95 feet; thence Norlh 7 degrees 40 minutes 45 seconds West
100.12 feet; thence North 4 degrees 49 m~nulos 00 seconds Wosl 700.00 loot ;thence North 10
degrees 5i minutes 38 seconds West 100.50 fech Ihcnce Norlh 4 degrees 49 minutes 00 seconds
West 400.00 leer; thence North ~ degrees 40 minules'14 seconds West 388,98 feet to o soulheosl
corner of o 4.00 acre [root of tend described in the Corporole Warranty Oecd recorded os
Inslrument No. 97009706562 in said ~ecordcrs Of hoc, thence Norih 4 degrees 51 mlnulcs 59
seconds West 253.67 leer elan9 Ihe cost linc of said 4.00 acre tract of I~nd to Ibc no,'theast corner
of said 4.00 acre trocl of lend; thence Norlh II degrees 01 minute 24 second West 208.66
thence NorLh 4 degrees 49 minutes O0 seconds West IL23 feel; thence Northwesterly 462.50 leal
along on arc to the lelt and having o radius of 2749.79 Icct end subLcndcd by o long chord having o
be0ring of North 9 degrees 38 minutes 06 seconds Wes( end o Icnglh of ,161.96 feet; tl~cncc North
14 degrees 27 minutes 13 seconds West 306.92 itel; thence North 84 degrees 05 minulcs 27
seconds West 456.8,5 leer to the point of beginning end contoining 8.212 acres, more or loss.
LEGAl., DESCRIPTION
' NT RIGIIT OF WAY
1 EIUvlANE ' -
I'AI{CEL lC
EXHIBIT "C" PAGE 4 OF 11
PROJECT_ H_az_g.e! D___~tl Park.w_a_y__PARCEL_t
PARCEL NO. 1E
RIGHT OF WAY
A part of the East Half al the Southeast Querier al Section 33, Township 18 North, Range 4
East, Hamilton County Indiana, described os follows: I]cginning at o point on the cost line of
said section North 0 degrees 04 minulas 08 seconds [osl (assumed bearing) t6.$0 fact from
[he southeast corner of said section, said poinl being at the intcrsccUon o[ said east line and
the north boundary of lt61h Slreet; thence North 89 degrees ,12 minutes. 50 seconds West
24.5.76 feel along gm norlh boundary of said i lGIh Street; thence Norlh 68 degrees [54
minutes 25 seconds West 80,23 feet along sold north boundary: Ihcnce North 89 degrees 42
minutes 50 seconds West 859,78 feet along said north boun(Jo,'y to o west linc at o 66.68 acre
tract of land described in Oecd I;[ccord 172, page 72 in the of lice of II'm Recorder, I.tomiJton
Courtly, Indiana', Ihence North 0 degrees O) minute 19 scconds West 223,00 leal along said
west line lo o south line of said 66.68 acre trocl.o[ land; thence North 89 degree:; 42 minutes
,50 sec'ands West g,19 leal along said south line; thence Nortl'~eosl. crly 1519.17 itel along on
arc to the right and having o radius of 1994,86 feel. and subtended by o long chord having o
bearing of North 6 degrees 02 minalcs 37 seconds East and o Icnglh al 1295.26 leal; thence
North 24 degrees ,59 minutes 17 seconds Cost 1044,61 foci lo an east Imc of said 66.68 acre
tract of land; thence Soulh 0 degrees 04 minutes 08 seconds West 403.48 Itel along said
east line; thence South 24 degrees ,59 minutes 17 seconds West 158.51 feel to o north linc of
said 66.68 acre tract of land; thence North 80 degrees 51 minutes 19 seconds West 78.50
leal along sold north llne to on east line of said 66.68 acre track of ton(J; thence South 0
degrees 04 minutes 08 seconds West'168.65 feet along said eom line; Umnce South 24
degrees 59 minutes 17 seconds West .534.56 feet; thence Southeasterly 1256.21 feet along'on
arc to the loll having o radius of 1824.86 feel end subtended by o long chord having o bcering
of South 5 degrees 16 mimJteS 02 seconds West and o length of 12,31.55 feet; thence Sauth
14 degrees 27 minutes 13 seconds £osl 162.79 feel; thence South 60 degrees 52 minutes 26
seconds East 44.26 feet; thence south 89 degrees 42 minutes 50 seconds East 913.04 I'cct
to the east line of said seclion; Ihence Soath 0 degrees 04 minutes 08 seconds West 6,5.,50
feel along said east line to thc point of beginning and conloining 10~,164 acres, more or less.
LEGAL DESCRIIFI'ION
I'ERMANENT RIGIIT-OF-WAY
PARCEL 1E
EXHIBIT "C" PAGE 5 OF 11
PROJECT l lazel Dell I'arkwa¥ PARCEL t
PARCEL NO. 1F
TEMPORARY R/W FOR
WORKING AREA
Also, on aosemen[ in and to Die [allowing described real esl(dc. Jo wil: A port of Ibc $oaihwcs[
Quarter al Section g, Township 17 North, I?onge 4 Cast, Hamilton County. Indiana, dcscribed os
follows: Commencing at the smJIheast corner at sold quarter 5eolian; tl',encc Norlh 0 degrees 17
minutes 57 seconds East 65.00 teat along Ihe cast line of said querier section; thence Souih 8g
degrees, 44 minutes 17 seconds West 296.47 teal; thence North 67 degrees .56 minules 12
seconds East 5.].85 feet; thence North 8g degrees 4,1 minutes 17 seconds test 15,5.00 tee[ [o Ihe
point oJbeglnning of'the description: thence Norlh 8degrees 4g minutes 02 seconds Wes[ 120.34
feet; thence North 0 degrees 05 rninules 41 seconds [os[ i50.00 teal; [hence Norlh 5 degrees 48
minutes lg seconds J~osJ 30J.`50 feel; U~cnce South 0 degrees 0.5 minuies 41 seconds Wes[ `535,00
fee[; thence South 47 degrees 06 minutes .]`5 seconds West 40.70 feet [o thc point oJbeginning
and conjoining 0,57,?) acres, more or less lot [he purpose at working oreo, which eoscmcnl will
revert Ia the owner upon complelion o[ thc obovc-dcsignolcd project.
PARCEL NO. I'G
TEMPORARY FOR
WORKING AkEA
Also, on easement in and [o Iht Iollowing described real eslatc, [o wit: A part al thc .~ouLhea:;[
Quarter o1' Section g, Township 17 North, Range 4 lost, I-Iornilton Cour~Jy, Jndlona, described as
follows: Commencing o[ tJ~a Southeast Corner o[ said the Southwest Quarter at said section; thence
North 0 degrees 17 minutes `57 seconds eosl 65.00 feel along thc cosl line al said soulhwcs[ querier
sec[ion to [he norlh boundary of g6th Slrcci; thence South 80 degrees, 44 minutes 17 seconds West
296.47 lee[ along the boundary of said 96[h Streel; thence North 67 degrees `56 minules 12 seconds
East 53.85 feel; thence Norlh 89 degrees 44 minulcs 17 seconds East 155r00 feet Ihcnce North 47
degrees 08 minutes ,55 seconds [[os[ 49.70 leal; thence North 0 degrees 05 minutes 41 seconds Eosl
966.26 feel; thence Northeasterly 579.54 Ice[ along on arc to Ihe right and having o radius of
622.96 feet and sublcndcd by o long chord having o bearing al Norih 31 degrees 20 minutes 41
seconds East and a lcngih al 646.35 feet; Ihencc Norih 62 (.Icgrec:; 35 rnintJJe'~;
202.58 feet to [he point of beginning o1' Jhia descriplion: Ihence Nor[l~ 27 degrees 24 mlnulcs
seconds West 25,00 leal; IhenceNorlh 47 degrees 57 minules 24 secondsEasl 212.45 loci; thence
North .]1 degrees 59 minulcs 5.] seconds Easl 17t.80 loci; thence North 59 degrees
seconds East 5.].00 leer; thence South 66 degrees 41 minutes `51 seconds Cas[ 25.00 teal; [hencc
Southwesterly 4,56.87 feel along on arc lo Ihc right and having o radius al 666.20 Jce[ and subtended
by o long chord having o hearing nj $oulh
447,97 fee[ to [he poinl al beglnning and containing 0,468 acre, more or less lot thc purpose
working oreo, which casemen[ will revorl [o the owner upon completion at [he above-designated
project,
LEGAL I)I£SCIUi>TIONS
TEMPORARY RIGHT-OF-WAY
PARCELS IF & IG
EXHIBIT "C" PAGE 6 OF 11
PROJECT_ Hazer Dcll parkway PARCEL t ,_
P RCEL NO. 1H
TFMPORARY R/W FOR
DF~IVE CONSTRUCTION
Also, on eosement in ond lo the [ollowin9 described reol cstotc, lo wit: A port ol thc Southeast
Township ,7, North, Rongc 4East, Homi'ton e°un'y''ndi°n°'.dcs~r~bcd!!c
Ouorter of Section 4, , t h linc pi snid section South 89 dcgrccs 54
"--;'*ri;n" at O nont on ~h¢ SOil ] ..... U~ ~COSt cornt:r
seconds West [os~m~o uu~ ~,~¢minutcS 49 seconds West ~ ,'~,~
continuin9 South 8U degree ......... herin9 o rodius pi 220L83 Icct end sobtcndcd
Northeostcdy 54.90 feet olonfl on ore ~o thc right end
by e long chord hovln9 o booting of North 15 dcoreos 54 minutes 04 seconds Eost end u ~cnolh
54.90 feel; thence South 83 dogrccs 22 minutes 55 seconds Eo5~ 166.61 leer; U~cncc South
degrees 59 minutes 55 seconds West 54.09 leer to the point pi beginning end contoining OA'/2 peres.
more or less, lot the purpose of constructing o ddvawoy lot service to thc owner's private property,
which easement will revert Jo thc owner upon completion of thc obovc'desionated project.
p__A. RCEL NO. !_.J_
TEMPORARY R/W FOR
CHANNEL CLEARINC
Also, on easement in and to the Iollowing dcscribcdreol estate, lo wit: Apart of thc East HaH al
Section 4, Township iT, North. Ronge 4 Eost, I.tamilton cuunty. Indlana. described os follows: O
Commencing pt the northwest corner pi soid hell section; thence So jth 89 degrees 42 minutes 50
seconds Eost (ossumed bearing) 879.~2 feet along th~ north llne pi said section; thence South 5ooU~ b4
seconds [pst
degrees 17 minutes 10 seconds East 45.00 leer to the 5ouU'~ boundary o[ Jl6th Street; U~cnCC
al 2749.79 feet
degrees 05 minutes 27 seconds East 456.85 loci; thence South 14 degrees 27 minu[cS ~5
seconds East end o
306.92 leer; thence Southcns~erly 462.50 Icct olon9 on arc ~o thc right having o radios
' lect to thc point pi
and subtended by o long chord having o bearing o[ Sou~h g degrees 58 minutes 06
length ol46~.g6 leer; thcnceSou~h 4 degrees 40 minutes0O" ~ndsEast 56.2~
beginning of Ibis description; thence continuing 5otHh 4 degrees 40 minutes 00 seconds Eost 75.00
leer; thence South It degrees OI minute 2,I seconds Eost 100.59 (cat; thence South 85 degrees ~
minutes 00 seconds West B0.88 Jeer; U~ence NorU~ 4 degrees 49 minuleS O0 seconds West 175.00 leer;
thence North 85 degrees 11 minutes 00 second; EoM 70.00 lent in thc point of bcginnln9 end
contoining 0.294 acres, more or Jess lot the purpose pi chonnel clouting, which eoscment w~l~ revert to
the owner upon completion pi the obovc-designotcd project.
LEGAl., DESCRIPTIONS
TEMPORARY RIGIIT-OF'WAY
PARCELS llI& 1J
EXHIBIT "C" PAGE 7 OF 11
I'ROJECT Ilazel Dell Parkway _PARCIr, I~ I
PARCEL NO. 11<
RIGI4T OF WAY
A f)orl of Jl~e SovU~wes!
Quarter and o port al the Southeast Ouortur oll in Sc,orion 9, l'(.iwnshil) I 7 ~lorU~, I~ongc 4 [eSl.
Homilion County. Inditing. described os gallows; Commencing al UIo Southeos~ corner of said
southwest quarter section; Jhcacc Norlh 0 degrees 17 minutes 57 socolltJs [:()t;~ 63.00 Jeer along
east llne of said southwest quarter section Io lbo north boundary of 961h Streel; thc~cc South 80
degrees 44 mlnu~es ~7 seconds West 206,47 [cci along the boundary o~ said gGth Slrcet: ~hcnce
North 67 degrees 56 minutes 12 seconds Cost 55.83 Jeer; Ihcncc North 8g degrees 44 minuics 17
seconds East 155.00 feet; ~hence Norih 47 degrees 06 minutes 55 seconds Eesl i5.55 lec~ ~o Jhe
.poln~ olbeginning o[ll~is descriftion; [hcnceNorJh 0 degrees 03mlnu~cs 41 secondsEgst 989.56
feel; Ihence Northeasterly 70~,75 loci along on arc ~o thc right and having o radius al 674.96 [eot
and subtended by o long chord having o bearing of Norlh 51 degrees 20 minutes 41 seconds Cosi and
o length of 672.29 leer; thence North 62 degrees ;SS minuLes 4I seconds East 202.58 feet; Ihcnce
Northeasterly 605.89 feet along on arc to U~e lell and having a radius at 641,20 feel and sub~cnded
by o long chord hovlng o bearing of North 55 degrees 5t mlnt~{es 28 seconds Eosl and o IcngU, of
585,60 feel; thence North 8 degrees 27 minutes 16 seconds [esl 412.67 Ice~ ~o Ibc norlh llne of Ihe
54 ore trocl of land described in Deed Record ~30, pege 552 in Ibc ollicc al linc Recorder of Hamilton
6ouniy, Indiana; Ihence North 8g degrees 51 minute~ O7 s~:con(.Js East 25.2U fee~ along said nor[h
llne; [hence South 8 degrees 27 minutes 16 seconds Wes~ ~16.43 feel U~cace Southwoslcrly 629,51
leer along on arc to the right and herino o radius of 666.20 [cci and sublcndcd by o Ion~] chorfJ
having o bearing of South 55 degrees.hi minutes 28 seconds West and o length al 606.55 foci:
Ihence South 62 degrees ~5 minules 41 seconds West 202.58 feet; Ihcncc SouU;weslerly 679,54 loci
along on arc to the left and kovlng o roclius of 622.96 feel and subtended by o long chord having o
bearing of Sou~h 51 degrees 20 minutes 41 seconds Wesl and o length of 646.55 foci; Jl~cncc South 0
degrees 05 minu~es 41 seconds Wesl 966.26 leer; thence South 47 degrees 06 mlnuJes 55 seconds
West 54.17 feet to Ihe point of beginning and conjoining 1.621 acres, more or
LIt. GAl, DESCRIPTION
l,EltlVl AINI£1NT R1GI IT-OF-WAY
I'ARCEI.,
EXHIBIT "C" PAGE 8 OF 11
I'ROJECT II~zel L3clt I'arkway I'ARCEI,
PARCEL biO. 1L
RIGHT OF WAY
A purl o! Ibc SouU~co:~J Ouorlcr
el SecUon 9, Township 17 North, t{onge 4 [esl, I'lomilion Colmty, Indlono. described os Io{Iows:
Commencing ut the soutl~wcsJ corner of suit] (l~JOr [er section'. U~cncc NurUI 0 degrees 17 minutes 57
seconds EosI (ossumed bcoring) J~l~.78 feet along the we~{ linc el 5oid quarter section lo o souU~ line
oJ the owner's Ion(J; thence Norih 8g degrees 28 minulcs ~2 seconds [g:;J 74.1~ fc¢~ olong sold soulh
line ~O the point of beginning of Ibis descriplion; Ihcnce Nor~heoslcrly L$20.9'I leal clang an otc lo lbo
rigid and having o rodius el 522.96 leal and sublcnded by o long chord buying o beoring el North 44
degrees 51 minutes 14 seconds Eosl and o length el 524.50 feel; (l~enco NorU~ 62 degrees 35 minules 41
seconds East 202.58 [ee~; ~hence Northeoslerly 724.00 le~[ glen0 on arc lo Ihe le[~ end buying a radius
of 766.20 leal and subtended by o long chord buying o bearing ol Norlh 55 degrees 51 m;nu~cs 28
seconds Eosl ondolenglh oi697.37 [cat; IhcnceNorlh 8 degrees 27minules IG seconds Cas[ 4~1.58
leer lo Ihe norlh line el the 54 uccc Irgc( el lend described in Oecd Recor(J 150. page 552 in (he olfice el
Ihe Recorder or I.IomilJon Counly, Indiono; ~hcnce North 89 degrees 51 minutes 07 seconds Cost 25,28
lee~ along said norU'l line; Ihcnce South ~ degrees 27 minules 16 seconds Wes~ 435.36 fi:el; Ihence
Sou~hweslerly 747.6~ lec~ clung on arc to II~a righl and buying o rodius of 79L20 reel and sol~Jcnde(J hy
a long chord buying o bearing el South 55 degrees 31 minules 28 seconds Wes~ end o lenglh or 720.12
leal; Ihence Sou~h 62 degrees ~5 minutes 41 seconds Wcsl 20~.58 reel; lhence SauU~wcslerly ~01.36
leer along on otc lo the lel( and buying o rodius oJ 497,96 leal end sub,ended by o long chord hoving o
beefing el Soulh 45 degrees 15 minules 26 seconds Wesl end o lenglh or 296.78 lee( lo o souU~ line aJ
Ihe owner's land; Ihence Sou~h 89 degrees 28 minutes 52 seconds Wcsl 28.2,1 ¢cel dong sold south line
lo Ihe poinJ of beginning end contoining 0.969 ocrcs, more or less.
PARCEL NO. 1M
RIGHT OF WAY
A port el thc Wesl l-loll
the Northeost Querier el $cclion g, Townshlf) 17 North, Range 4 Eosl, Hcmillon County, Indiono,
described os lollows: Beginning ut o poinl on Ihe sm.dh line of soi(I querier section North 89 degrees
St minutes 07 seconds Cost (assumed beoring) 817./,9 leer Irom tile soutl~wcst corner or sold
quorter secUon; (hence NorH'~ I] degrees 27 rninu~cs IG seconds EosJ 768.01 leal ~o Ihe north line
the 22.77 acre Irocl. oi' lend described in Oecd Record i67, page 260, in tile oi'lice el U'~c Recorder el
HomilJon Counly. Indiono; thence North 8,9 degrees 54 minutes 49 seconds Cos( 2,.528 leal olong
sold north line: Ihence Souih 8 degrees 27 minutes 16 seconds West 767.98 Icet to said soull', linc;
thence Soulh 89 degrees 51 minutes 07 seconds West 25.28 Joel olong soid souU~ line lo thc polnl el
beginning end conlaining 0.4,11 ocres, more or less,
LEGAL DESCRIPTIONS
I'ERS'IAINE1NT RIGIIT.-OF-WAY
PARCELS IL & 11%I
EXHIBIT "C" PAGE 9 OF 11
PROJECT II;~fzcl Ddl I_'arkwa¥ ,I'AI~,CEL. I
PARCEL NO. 1N
RIGHT OF WAY
A pod of thc West I-loll el
the Northeost Querier of Section 9, Township 17 North, Ronge ,t Eost, Ilomilton County, Indiono.
ascribed os follows' Oeginning ut o point on the so. th line of sold quu~lcr section North 80 degrees
I m~nu[es 07 seconds East (ossumed bcor~ng) 943.81 leal lrom U~e souD~west corner el soid
quorter seclion; thence Horth 8 degrees 27 minutes 16 seconds East 767.87 Icct to ~l~c horUs.line el
the 22.77 ocre troct el lend described in Oecd Record 167, poge 260, in thc oHice el thc I~ecorder el
Homilton County, Indiono; thence North 89 degrees 54 minutes 40 seconds Ecs{ 25.28 feet clung
said north tine; thence Sou~h 8 degrees 27 minutes 16 seconds West 767.84 ice[ to sold south line;
thence South 89 degrees 5t minutes 07 seconds West 25.28 leer clone scM south tine Io the point of
beginning end contoining 0.441 ceres, moi'e or less.
PARCEL NO. 1P
RIGHT OF WAY
A pod of the Eosl IiIoII of
Section 4, Township 17 North, Range 4 £osl, Hamilton County, Indiono, described os IolIows:
Commencing ut ihe center el sold section; Ihence South (5ouU~ 0 degrees OI minute 41 seconds
West (ossumed beefing)) 1167.O6 leer (deed) II62.12 leeI (cole.) aJong U~e wes[ llne of ~hc souihcosl
querier of sold section iD the souD~ line o~ o 99.2o cc e trocI of lend described in Deed Record
poge ~0 in the olllce o~ the Recorder of Homiiton County, Indiono; U~cnce NorU~ 89 degrees 54
minutes 49 secondsEos[ I924.51 leer clone sold south tine; thence North 5 degrees 48 minutes 56
seconds Eost 192.05 leer; thence NorU~ IO degrees O0 minu~cs 49 seconds Eost I58.97 fccI [o
polnl of beginning el 0~is description, which point of beginning Ls on the costern boundory of River
Rood ~hence Nodh 4 degrees 28 minutes 47 seconds West 514.18 lee~ along 0~e eos~ern boundory el
sold River Rood ID the south Uno of U~e 2,00 ocre (root el lend described in [l~c Corporole Worronty
Deed recorded os InslrumenI No. 9709710710 in soid ~ecorder s Office; O~encc Nodh 8D degrees
minutes 15 second EosI 15.00 feet olong sold souU~ line; U~ence South 4 degrees 28 mlnules 47
seconds Eost 315.24 feet; U~ence Sot th 89 degrees 33 minutes 36 seconds Wcsl 15.04 fcct to the
point el beginning end conloining 0.108 acres, more or less.
L, EGAI, DESCRIIq'IONS
1,EILrvl ANENT RIGI [T-OF-%'AY
I'ARCI£LS 1N & 1P
,REJECT Hazel Dell Parkway PARCEL l_J___ -
EXHIBIT "C" PAGE 10 OF 11 I ~ ' -
PARCEL NO. lQ
m cHt OF WAY
County, h~dlono.
,. ' , er. lion; thcnct South (50,oth 0
A por~ of thc Cost I-loll of 5ccUon 4, Township 17 Norlh, I(.ngc 4 East. Ilamillon
described os follows: CommcncinO et thc center al orud ~ " .
0l minute 41 seconds West (assumed bearing)) 1167.00 CC~ ((ccd) 1162.12 leer,to r
99 23 fare trocl el lend in Deed kcco d lgG, page
~ost llne el said east hah [o o soulh linc of (~ ,,.
lbo eastern boundury el I~ivcr Rna(I; thcrmc Nor Ih 4 d(:0rca:; 2~ mlnHlCs 4'/ S(:Car~tIS Wt:t;I /49.79
loci along sold eastern boundary ~o thc north linc el Ibc 2.00 acre ~racl o[ hind dcscrlbcd
Worronl I)cfid ret;or(lcd (m Inslrument No. 9709710710 in said I~ccor( er
CorporoJc Y ' ' thence continuing NorD'* 4 daf re,es ~8 minu~c5 4 I seconds
point el beginning el lifts description; ] '
Y/es~ 105.44 leer along sam costcrn boundary; thence North 4 degrees , miracles07 seconds
West 495.80 leer to o north llnc el said 99.25 acre ~r,ct el Ion<l; U~cncc South g0 dcqrces 42
minu{es 50 seconds[esl 15.05 Itel along ~l~c north linc of said 99.23 acre tract; Ihcncc South 4
'"
degree~ ~5 minutes 07 seconds Eos~ 494.04
East 105.45 leer ~o U~e north line el the 2.00 acre trocl; Ihence South g5 dcoreeS
seconds Wesl 15.00 leer along the norD~ llne el said 2.00 acre tract to lbo poird el bcglnnin9 end
con~oining 0.207 acres, mare or lass,
PrdI. CEL lQ
EXHIBIT "C" PAGE 11 OF 11
PROJECT__}laze! Dell, Parkway PARCEL~ 1_
PARCEL NO. 1R
- 'rP_-aP i /w FOR
CONStR,
,, e lo wil: A pnrl ol II~':[ost Iloll ol
Also, on easement in and Io Ilar: folio>win0 th:.'-,(;til)cd real .olt~t.,
SeCtion 4, lownship 17, North, Range 4 [oat, Itomilton co.nty, Indiana, described o5 iollow5:
Commencing at lhe center o(said scclion; Ihcncc Soolh (So. tl~ 0 dcorcc5 01 minules 41
seconds West (assumed bearing) 1167,06 Itel rd(re(I) 1162.12 Itel (culc) olon(J [l~c wes{ llnc o{ said
eosL hail tO O sOuth llne o[ o 99.23 acre tract of land in Deed Record ~gG, page 80 in thc O[ficc of
thc Recorder o[ Hamilton County, }ndmno; II,cOco Nor[l~ gO rlcqrce:~ 54 minules 4g secant
' · ~ [os~ 102.03
1024.51 feel along snid soultl line; Ihcncc Norlh '.) 0c(jrcctl 4~1 minuic:; 36 .ccor
thence North 10 degrees O0 mintdes 40 seconds Wcsl IBg.07 loci ia Iht eastern boundary at River
Rood; thence North 4 dcorccs 2g minutes 47 Geoart(If' West lI60.gO Ice[ along said
boundary Io the po~n~ o(bcq~nn;ng al this dcscHp%~on: thence continuing NorP~ 4 dcurccs 28
minules 47 seconds Wcs~ 45.00 Icc%; {hencc No, th 85 degrees 11 mlnu~cs 00 seconds Cos1 23.65
~(: thence Sou%h 4 degrees 40 minu~es 00 seconds East 45.00; ~hcncc Soulh B5 degrees 11
m;nu[es O0 .seconds Wes% 23.91 loci (o ~ho pohM o[ be!]innh~g and con%mn{ng 0.025 acres, more or
le~s [o~ the purpose o{ cons%~uc%ing o d~vowOy tar sc~v~cc ~o [}~c owner's p~vo%c p~opcr%y,
~osemen[ will ~ovcr[ [o ~hc ow.ct upon complc~on at thc ~bovc-dcs~g~olcd p~o~cck
LEGAL DESCRIPTION
TEMPORARY RIGII'r-OF-WAY
pAP. CEL IR
Hazel Dell Parkway
American Aggre~,ates Cor;~oration
APPROVED.AS TO
TEMPORARY GRANT OF RIGHT OF ENTRY
This Temporary Grant of Right of Entry is hereby granted on the date set out herein, by American
Aggregates Corporation, a Delaware corporation (hereinafter collectively referred to as "Grantor"), to the
City of Cannel, Indiana (hereinafter referred to as "Grantee"). This Right of Entry shall be upon the
following parcels of real property (hereinafter referred to as "the Subject Parcels") located in Clay
Township, Hamilton County, Indiana:
PARCEL NO. 1 Right of Way (See attached Exhibit "A")
PARCEL NO. lA Right of Way (See attached Exhibit "A")
PARCEL NO. IB Right of Way (See attached Exhibit "A")
PARCEL NO. lC Right of Way (See attached Exhibit "A")
PARCEL NO. 1D Right of Way (See attached Exhibit "A")
PARCEL NO. 1E Right of Way (See attached Exhibit "A")
PARCEL NO. 1F Temporary R/W for Working Area (See attached Exhibit "B')
PARCEL NO. 1G Temporary R/W for Working Area (See attached Exhibit "B")
PARCEL NO. 1H Temporary P, JW for Driveway Construction (See attached Exhibit "B")
PARCEL NO. 1J Temporary R/W for Channel Clearing (See attached Exhibit "B')
PARCEL NO. 1K Landscape & Drainage Easement (See attached Exhibit "C") upon the terms and
conditions described in attached Exhibit "E"
PARCEL NO. 1L Landscape & Drainage Easement (See attached Exhibit "C") upon the terms and
conditions described in attached Exhibit "E"
PARCEL NO. 1M Landscape & Drainage Easement (See attached Exhibit "C") upon the terms and
conditions described in attached Exhibit "E"
PARCEL NO. 1N Landscape & Drainage Easement (See attached Exhibit "C") upon the terms and
conditions described in attached Exhibit "E"
PARCEL NO. 1P Landscape & Drainage Easement (See attached Exhibit "C') upon the terms and
conditions described in attached Exhibit "E"
PARCEL NO. lQ Landscape & Drainage Easement (See attached Exhibit "C') upon the terms and
conditions described in attached Exhibit "E"
PARCEL NO. 1R Temporary 1UW for Driveway Construction (See attached Exhibit "D")
1. This Temporary Grant of Right of Entry (hereinafter "ROE") upon the Subject Parcels is
granted to Grantee for the purpose of construction of a public highway through the Subject Parcels to be
known as Hazel Dell Parkway. This ROE is granted to the Grantee partially in consideration ortho sum of
$1,579,760.00 (here,nafter "ROE Price") and partially in consideration of the Grantee for temporarily
EXHIBIT "D" PAGE 1 OF
(To Agreem~.nt dated 11/5/97)
foregoing the exercise of the right of eminent domain and any further benefits that may be derived by both
parties by extending the negotiations to resolve compensation and other issues related to the terms by
which Grantee shall obtain from Grantor the fee simple or other above-referenced interest of the Subject
Parcels.
2. This ROE shall permit Grantee, through its employees, agents and contractors, to proceed
with the construction of Hazel Dell Parkway through and across the Subject Parcels and to do such acts
thereon as would be permitted if Grantee had actually obtained the fee simple or other above-referenced
property interest of the Subject Pamels. This ROE shall be effective upon the execution of this ROE by
both parties hereto, anticipated to be no later than September 17, 1997 and terminating not less than thirty
(30) days thereafter, (the "Term").
3. In the event that this ROE terminates without the Grantee having obtained fee simple and
the other above-referenced interests to the Subject Parcels, Grantee shall take immediate steps to remm the
Subject Pamels as close as practically possible to the condition they were in as of the commencement of '
this ROE.
4. Grantor waives no rights to make a claim for any damages or for any acts occurring
outside the Subject Parcels which would normally be the basis for an action for damages. Grantor waives
no rights to which it may be entitled for any acts performed by or caused to be performed by Grantee
within the Subject Parcels if this ROE terminates without Grantee's having taken to the Subject Parcels.
5. Grantor and Grantee acknowledge that the rights conveyed by Grantor to Grantee under
this ROE are ultimately subject to determination through negotiations or legal proceedings pursuant to lC
32-11 of the amount to be paid by Grantee to Grantor for the fee simple interest of the Subject Parcels.
Grantor agrees that the ROE Price shall be deducted from the amount, if any, ultimately determined to be
due to Grantor and to be paid by Grantee upon the closing of the acquisition of the fee simple interest of
the Subject Parcels, whether such amount is ultimately determined through negotiations or legal
proceedings pursuant to IC 32-1 h Further, Grantor agrees that it shall use due diligence to identify any
claims arising out of Grantee's use of the Subject Parcels pursuant to this Right of Entry and to notify
Grantee thereof on or before December 31, 1998.
6. The parties hereto agree that this instrument shall be recorded in the office of the
Recorder of Hamilton County, Indiana and is binding on Grantor's successors or assigns.
IN WITNESS WHEREOF, Grantor has executed this ROE on the date set out below, and Grantee
has accepted said Right by its Board of Public Works and Safety on the date set out below.
GP~NTOR: ~
Signature
Printed
M WtempROE9.
^PPROVED
Signature
Ve de, ^.omey for Orantor
Signature
Printed
Title
EXHIBIT "D" PAGE 2 OF [~
· (To Agreement dated 11/5/97)
STATE OF INDIANA )
COUNTY OF ~7~ '1'))/ /~__ ) SS:
)
Before me, a Nota~ Public in,and for said County and State, personally appeared
kl , l/t' e yr2 ,d, _O, vl ofGrantorintheaboveconveyance, who
acknowledged the/execution of the foregoing Grant of Right of Entry for the uses and purposes here n
mentioned.
Wimess my hand and Notarial Seal this /? Savor ~-)~F)~ ~2~, 1997.
Signature
7 Co,~mmission Expires:
~. ~..~jT. :,]/ /¢7~ Printed
Notary Public
Residing in ~/'~/ /,7~County, State oflndiana
ACCEPTANCE BY GIL~NTEE:
BOARD OF PUBLIC WORKS AND SAFETY
CARMEL, INDIANA
Billy i
ATTEST:
Diana L. Cordray
. Brain~ Mayor~
'Wal~er
Clerk-Treasurer of the City of Carmel
EXHIBIT "D" PAGE 3 OF lq
· (To Agreemen~g dated 11/5/97)
ACKNOWLEDGMENT
STATE OF INDIANA )
) SS:
COUNTY OF 2~m,'/v/,-7.,~ )
Before me, a Notary Public in and for said County and State, personally appeared ,Y,,] .... mew C.
~ Mary Ann Burke, and Billy L. Walker, Members of the Board of Public Works and Safety of the
City of Carmel, and acknowledged the acceptance of theL~egoing Grant of Right of Entry.
and Notarial Seal this c~O~ day of ~, 1997.
Wimess
band
my
My Commission Expires: Signature
2.
b~ -~- e~ 0 Printed
Notary Public
Residing in ,}-,]rC~,?,'/,Z,,'J r, County, State of Indiana
This instruntent was prepared by John R. Molitor, Attorney at Law, 1171 l North Meridian Street. Suite
200, Carmel, Indiana 46032.
EXHIBIT "D" PAGE 4 OF I~
· (To Agreement dated 11/5/97)
PROJECT_ Hazel Dell Parkway .PARCEL I
PARCEL NO. 1
RIGHT OF WAY
A port at the Southwest Quarter and o port at thc Southeast Quarter oll in Section 9, Township 17
North, Range 4 £ost, HomiIton Counly, Indiana, described os follows: ~3eginning at o point on the
east line al said southwesl quarter section North 0 degrees 17 minutes [57 seconds East (assumed
bearing) 65.00 feet [rom the southeast corner of said southwest quarter section, said point being
the intersection o[ said east line and [he north boundary at 96th Street; thence South sg degrees
44 minutes 17 seconds Wes[ 296.47 feet along thc north boundary o[ said g6th Street; ~hence
North 6-/ degrees 56 minutes 12 seconds Cos[ ,53.85 loot; thence North sg degrees 44 minutes 17
seconds East 135.00 Ieee; thence North 47 degrees 06 minutes 3,5 seconds East 4g.70 [eel; thence
North 0 degrees05 minutes 41 secondsEost g66.26 feet; thenceNortheosterly67g.54 leer along
on arc to the right and having o radius al 622.g6 feet and subtended by o long chord having o
bearing of North 31 degrees 20 minutes 41 scconds East and o length al 646.3,5 feet; Ihcnce North
62 degrees 35 minutes 41 seconds l[ost 202.58 toot; thcnce Nor[heostc,'iy 62g.51 [cct along on. arc
to [he le[t and having o radius al 666,20 leer and sub~cndcd by o long chord having o bearing at
North 3,5 degrees 31 minutes 28 seconds East and o length al 606.,55 [ecl; thence North Po degrees
27 rninu[es 16 seconds East 416.45 [eet to [he'north line al the .54 acre tract at land described in
0ced Record 150, page 5,52 in the oUice at the Recorder at Hamilton County, Indlono; thence Norlh
8g degrees 51 minutes 07 seconds East 101.1,1 [cct along said north linc; thence South 8 degrees
27 minutes 16 seconds West 431.58 leer; thence Southwesterly 724.00 feet along on arc to the
right and hovlng o rodiu~ of 766.20 feet and subtended by o long chord having o bearing of South
3,5 degrees 31 minutes 28 seconds Wes[ and o length of 697.37 lee[; thence South 62 degrees 3,5
minutes 41 seconds West 202.58 lee[; ~hence Southwesterly 32g.g4 [ecl along on arc [o the
and having o radius at $22.g6 feet and subtended by o long chord having o bearing at South 44
degrees 31 minutes 14 seconds West and o length at 324,50 feet to o south line at [he owner's land;
thence South 8g degrees 28 rninules 32 seconds Wes[ 74.65 Icc[ along said south line to [he east
llne of said southwest quarter section; Ihcnce South 0 degrees 17 minutes ,57 seconds West
12,50.713 leer dong said east line to the point al bcglnning and conjoining 6.131 acres, more o.r less.
PARCEL NO. 1 A
RIGHT OF WAY
A port o1' the West I-Io1[ at the Northeast Ouorter at SccUon 9, township 17 North, Range 4 East.
Hamilton County. Indiana described os tallows: Beginning at o point on U'm south line at said
quarter section North 89 degrees 51 minutes 07 seconds East (osstJmed bearing) 842.67 [eel
from Ihe southwesl corner olsaid querier scclion; thence North 8 degrees 27 minules 16 seconds
East 767.98 feel. Lo the norlh line of [l~e 22.77 acre tract al land described in Deed Record 167,
Page 260, in the olfice al the Recorder oIHomilton Courtly, Indiana; thence Norlh B9 degrees.54
minutes 49 seconds East 101.12 teet along said nortl~ linc; Ihcnce South 8 degrees 27 minutes 16
aCCO '
seconds West 767,87 feet to said south line; thence South g0 degrees [3bninulcs 07 "' nds West
101.14 [eet along said south line to thc point at beginning and containing 1.'/63 acres, more or
less.
EXHIBIT "D" PAGE 5 OF lq
(To Agreement dated 11/5/97)
LEGAL DESCRIPTIONS
PEI~dMANENT RIGHT-OF-WAY
pARCELS 1 & lA
PROJECT Hazel Dell Parkway PARCEL I
PARCEL NO. lB
RIGHT OF WAY
A part of the Southeast Quarter of Section 4, Township 17 North, Range 4 East, i4omilton County,
Indiana, described os follows: Beginning at o point on the south line of said section South 89
degrees 54 minutes 49 seconds West (assumed bearing) t292.00 feet from the southeast corner al
said section; thence continuing South 89 degrees 54 minutes 49 seconds West 189.68 feet along
said south line to the southeastern boundary of River Rood; thence North 28 degrees 3:5 minules 58
seconds East 817.33 feet along the sou(heostern boundary of said River Road to the eastern
boundary of said River Rood; thence North 21 degrees 06 minutes 08 scconds East 798.fl feet
along the eastern boundary of said River Rood Lo the north line al the 40.79 acre tract al land
described in Deed Record 208, page ~86 in the office al the Recorder of I-Iomilton County, Indiana;
thence North 89 degrees,54 minutes 49 seconds East 00..51 feet along said north line; thence South
5 degrees 48 minutes ,56 seconds WcsL 17.06 feet; thence South 12 degrees 10 minutes 48 seconds
Wesl 208.94 feet; thence South 17 degrees 0,5 minutes 56 seconds West 3~2.87 feet; thence South
25 degrees 15 minutes 42 seconds West 408.46 Jest; thence South 2,5 degrees 4.5 minutes 06
seconds West 29`5.,57 feet; thence SouthweoLerly o4.5. 2 Iect along on arc to thc left ondhovin9 o
radius of 2201.8.5 feet and subtended by o Ion9 chord having o bearing al South 17 degrees 19
minutes 04 seconds West and o length of .342.77 Icet Lo thc point of beginning and contioning 4 7.5
acres, more or less
PARCEL NO. 1D
RIGHT OF WAY
A port of the Eos[ half of Section 4, Township 17 North, Range 4 Cast, Nomilton County, Indiana,
described os follows: Cornmencin9 at the center of said section; thence South (South 0 degrees 01
minutes 41 seconds West (assumed bearing)) 1167.06 fca[ (deed) 1162.12 feet (cole.) along tho west
line of the southeast quarter of said section to thc south line of o 99.23 acre tract of land described
in Deed Record Book 186, page 80 in the office of the Recordcr of Hamilton County, Indiana; thence
North 89 degrees 54 minutes 49 seconds Cos[ 18.54.20 feet along said line to the eastern boundary
of River Rood and the point of beginning of this description; thcncc North 21 dcgrces 06 minutes 08
seconds East 157.2,5 feet along the eos[ern boundary of said River Rood; thence Nor[heosterly
,187,26 leer along on arc [o the left and having o radius of 419.40 fee[ and subtended by o long chord
having o bearing of North 8 degrees 18 minutes 41 seconds East and o length of 18,5.71 fcc[ alan9
said eastern boundary; thence North 4 degrees 28 minutes 47 seconds West 17.3`5 feet along said
eastern boundary; thence South 10 degrees O0 minutes 49 seconds Cast 1`58.97 feet; [hence South 5
degrees 48 minutes `56 seconds West 192.0.5 feet to said south line; [hcncc South 80 degrees 54
minutes 49 seconds West 90.31 fee[ along said south llnc to thc point of beginning and containing
0.,530 acres, more or less.
"D" PAGE 6 OF IQ
iTo Agreement dated 11/5/97)
LEGAL DESCRIPTIONS
PERMANENT RIGHT-OF-WAY
PARCELS lB & ID
PROJECT Hazd Dell Parkway PARCEL.
PARCEL NO. 1C
RIGHT OF WAY
A p~rt at the East 14oll of Section 4, Township 17 North, Range 4 East, Hamilton County, Indiana,
described os[allows: Commencingot the northwest corner olsoidhol[section; thence South 89
degrees 42 minutes 50 seconds East (assumed beorlng) 879.12 feet along the north line al said
section; thence South 0 degrees 17 minutes 10 seconds East 45.00 leer ~o the point al beginning
al this description, which point is on the south boundary al 116th Street; thence South 89 degrees
42 minutes 50 seconds East .317.47 leer along the south boundary at said tl6th Street; thence
South 81 degrees 10 minutes 59 seconds East 202.24 Icet along said south boundary; thence South
to the western
89 degrees 42 minutes 50 ~' ~nds East 132.01 Ieet along said south boundary
boundary o[ River Rood; thence South 4 degrees 39 minutes 36 seconds East 82t.45 feet along the
western boundary al said River Rood; thence South 4 degrees 43 minule 46 seconds East 500.03
leer along said western boundary; thence Soulh 4 degrees 4,3 minutes 30 seconds Eos~ 499.91 [ect
along said western boundary; thence South 4 degrees 29 minutes 45 seconds East 499.95 feet
dong said western boundary; thence South 4 degrees 35 minules 07 seconds East 500.00 leer
along said western boundary; Ihence South 4 degrees 28 minutes 47 seconds East 872.47 [ect
along said western boundary; thence Southwcslcrly 147.07 leel along on arc to Ibc righl and hovlng
o red[us of .329.40 leer and subtended by o long chord having o bearing al South 8 degrees 18
minutes 41 seconds West and o length at 145.86 leer along said western boundary; thence South 21
degrees 06 minutes 08, seconds West 192.14 [cet along said western boundary to o sou~h line at
99.23 acre tract al land described in Oecd Record 186, page 80 - 81 in the office or thc Recorder of
Hamilton County, Indiana; thence South 89 degrees 54 minutes 49 seconds West 14.95 feet along
said south line; thence North 7 degrees 27 mlnules 54 seconds East 20,1.34 [eel thence North 5
degrees 02 minutes 08 seconds Eos~ 96.:50 leel; ~hcncc Northwestcrly 216.72 leer along on arc to
the lel~ and having o radius al 2206.83 feel. and subtended by o long chord having o beorin'g al
North 2 degrees 00 minules 12 seconds Wesl and o length at 216.64. feel: thence North 4 degrees
49 minutes O0 seconds West 474.93 [ecl thence North 7 degrees 40 minutes 45 seconds West
100.12 feet; thence North 4 degrees 49 minules 00 seconds West 700.00 feet ;thence North 10
degrees 3t minules 38 seconds West 100.50 Ieet; thence North 4 degrccs 49 minules 00 seconds
West 400.00 feet; thence North 3 degrees 40 minutes'14 seconds West 588.98 Icet to o southeesl
corner or o 4.00 acre trocl al land described in ~he Corporate Warranty Deed recorded os
Instrument No. 97009706552 in said Rccordcr's Oflicc; thence North 4 degrees 51 minutcs 59
seconds West 255.67 Icet along the cost line al said 4.00 acre tract of land to Ihc northeosl corner
al said 4.00 acre tract al land; thence North 11 degrees OI minute 2'1 second West 208.66 reck
Ihence North 4. degrees 49 minutes O0 seconds West 11.23 feel; thence Northwesterly 462.50 leer
along on arc to the left and having o radius at 2749.79 Icel and subtcndcd by o long chord having
bearing at North 9 degrees 38 minulcs 06 seconds West and o length at ,161.96 [ret; thence North
14 degrees 27 minu~es 13 seconds West 306.92 leek thence North 84 degrees 05 minuteS 27
seconds West 456.85 feel. to the point al bcglnning and containing 8.212 acrcs, marc or Icss.
EXHIBIT "D" PAGE 7 OF Iq
"(To Agreement dated 11/5/97)
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
PARCEL lC
PROJECT. Hazel Dell Parkway PARCEL
PARCEL NO. 1E
RIGHT OF WAY
A port al the East Hall o[ the Southeast Quarter al Section 33, Township 18 North. Rongc 4
East, Hamilton County Indiana. described os Iollows: 13eginning at o paint on the east tine o[
said section North 0 degrees 04 minutes 08 seconds East (assumed bearing) 16.50 Jeer [rom
the southeast corner o( said section, said point being at the intersection al sold eom line and
the north boundary o[ ll6th Street; thence North 89 degrees 42 minutes, ,50 seconds West
245.76 feeI, along the north boundary at said 116th SIreet; thence North 6[3 degrees 54
minutes 25 seconds West 80.23 feet along said norlh boundary; thence North 89 degrees 42
minutes 50 seconds West 838.78 [eet along said norlh boundary Lo o west line al o 66.68 acre
tract al land described in Oecd Record 172, page 72 in the olficc al the Recorder, Hamilton
County, Indiana; Jhence North 0 degrees OI rninuLe lg seconds West 223.00 leal along said
west line to o south line al said 66.68 acre tract'al land; [hence Norlh 88 degrees 42 rninutcs
50 sec'ands West 9.18 leer along said soulh line; thence Northeasterly 1318.17 leer along on
arc to the right and having o radius al lg84.$6 leer and subtended by o long chord having o
bearing al North 6 degrees 02 minutes 37 seconds East and o length al 1285.26 leer; thence
North 24 degrees 58 rninuies 17 seconds East 1044.61 [ce[ to on east line al said 66.68 acre
tract of land; thence South 0 degrees 04 minutes 08 seconds Wes[ 40.5.48 leer along said
eom line; thence South 24 degrees $g minutes 17 seconds Wesl t$$.31 leal to o north line o[
said 66.68 acre tract o[ land; thence North 88 degrees 51 minutes Ig seconds West 78.50
[eel along said north line to on cost line o[ said 66.68 acre track of land; thence South 0
degrees 04 minutes 08 seconds West'168.63 [ecl along said cosLline; thence South 24
degrees 58 minutes 17 seconds West 5..54.56 leaL; Uncnce Southeasterly 1256.21 feet along'on
arc to the left having o radius of 1824.86 Joel and subtended by o long chord having o bearing
al South 5 degrees 16 minutes 02 seconds West and o length of 1231.5.5 feet; thence South
14 degrees 27 minutes 13 seconds Eosl 162.78 leer; thence South 60 degrees 57. minutes 26
secondsEost 44.26 [ecL; thence south 88 degrees 42 minutes 50 secondsEost g13.04 Joel
~o the east line al said seclion; thence South 0 degrees 04 minutes 08 seconds West 65.50
feet along said east linc to the point al beginning and containing ~0~.164 acres, marc or less.
EXHIBIT "D" PAGE 8 OF Iq
(To Agreement dated 11/5/97)
LEGAL DESCRIPTION
PERMANENT RIGHT-OF-WAY
pARCEL 1E
Pi(OJECT llazcl Dell I'urkw~v
PARCEL N__Q. 1F_
TEMPORARY R/W FOR
WORKING AREA
_P ARC EL__t
Also, on easement in and to the lollowlng described real esl. otc. Lo wiL: A port o[ thc Southwest
Quarter al Section 9, Township 17 North, Range 4 Cost, I-Iomilton County. Indiana, described os
,- id hUStLer section; t ~cnca North 0 dcgreas t7
fo,tows: Commencing at the southeast corner ~'a.~tline' of sold quarter section: thcncc South 80
minutes 57 seconds East 65.00 feet along thc
degrees. 44 minutes 17 seconds West 296.47 leer; thence North 67 dcgrees 56 minutes 12
seconds East 53.8.5 feet; thence North 89 degreeS 44 minutes 17 seconds East 13.5.00 feet to the
point of beginning of the description: thence North 8degrees 49 minutes 02 seconds West 120.34
feet; thence North 0 degrees 05 minutes 41 seconds East tS0.00 feet; U~ence North 5 degrees 48
minutes 19 seconds East 301.50 feet; thence South 0 degrees 05 minutes 41 seconds West 535.00
feet; thence South 47 degrees 06 minutes 35 seconds West 49.70 ~cet to thc point of beginning
workin9 oreo, which easement will
and contoln~ng 0.575 acres, more or less for thc purpose of pro,eot.
revert to the owner upon comple~ion o[ thc above-design°ted
PARCEL NO. 10
TEMPORARY R/W FOR
WORKING AREA
Also, on easement in and to the following described rcol cslotc, to wit: A part of the Southcost
Quarter of Section 9, Township 17 North, Range 4 Cost, Nomiiton County. Indiana, described os
follows: Commencing at the Southeast Corner al smd thc Southwest Quarter olsold section; thence
North 0 degrees 17 minutes 57 seconds east 65.00 leer along the east fine of said southwest quarter
section to the north boundary al g6th Street; thence South 8g degrccs. 44 minutes 17 seconds West
296.47 feet oiong the boundary of said g6th Streel; thence North 67 dcgrces 56 minutes t2 seconds
East $3.85 feet; thence North 8g degrees 44 minutes 17 seconds East 5%00 feet thence North 4'/
degrees 06 minutes 55 seconds East 4g.70 feet; thence North 0 degrees 05 minutes 4t seconds £ost
g66.26 feet; thence Northeasterly 67g.$4 feet along on arc to the right and having o radius of
622.g6 feet and subtended by o long chord having o bearing al Norlh 51 degrees 20 minutes 41
seconds Cast and o length al 646.3.5 Icct; thence North 62 degrees `33 minu~cs 41 seconds East
202.58 feet to the point of beginning of this description: ihencc North 27 dcgrecs 24 minutes 19
seconds West 2.5.00 leer; (hence Norlh 47 degrees 57 minutes 24 seconds East 212.45 feet; thence
North 31 degrees $9 minutes 53 seconds £ost 171.80 feet; U~cncc North 59 dcgrees 45 minuteS 0,3
seconds East ,53.00 loot; thence South 66 dcgrccs 41 mlnutcs 51 seconds East 2.5.00 icct; thencc
Southwesterly 456.87 feet along on arc to thc righ( and having o radius o( 666.20 fcet and subtended
by o long chord having o bearing of South 42 dcgrecs 56 minutes 55 seconds West and o length al
447.97 leer to the point al beglnnln9 and containing 0.468 acre, more or less for the purpose al
working oreo, wMch casement wilt revert to the owner upon completion o[ the obove-dcslgnotcd
project.
EXHIBIT "D" PAGE 9 OF iq
(To Agreement dated 11/5/97)
LEGAL DESCRIPTIONS
TEM;PORARY RIGHT-OF-WAY
pARCELS 1F & 1G
PROJECT Hazel Dell Parkway .PARCEL
P__AAR.CEL NO. 1H
TEMPORARY R/W FOR
DRIVE CONSTRUCTION
Also, on eosementin end to the Iollowing described reel ostole, lo wit: A pod el thc Southeost
Querier el Section 4, Township 17, North, Ronge 4 Eos[, Homilton county, Indiono, described os
iollows: Beginning et o point on the soulh line el sold section South 89 dcgrces 54 minutes 49
seconds Wes[ (ossumcd beorlng) 1117.18 Icc[ [rom the souU'most corner el soid section; [hence
continuing South 89 degrees ,54 minutes 49 seconds West ~74.82 lect olong sold soulh linc; thence
Northeosierly ,54.g0 tee[ olong on ore to [he right end hoving o rod[us el 2201.83 feet end subtended
by o long chord boring o beoring el North 1.5 degrees .54 minules 04 seconds Eost end o length el
$4.g0 feel; thence South 8.5 degrees 22 minuLcs 53 seconds East 1GG.G1 Iccl; ii-,once South `5
degrees `59 minutes `53 seconds West. 34.09 lcct to the point el beginning end contoining 0.172 ocrcs,
more or less, Ior the purpose of constructing o drivewoy for scrvicc to the owner's pr[vote property,
which eosement will revert to thc owner upon completion el thc obovc-dcsignoted project.
PARCE__LL N9. 1.J_
TEMPORARY R/W FUR
CHANNEL CLEARING
Also, on easement in and lethe [oiIowingdcscribcdre°l eslotc, towit: Aport o[theEost Hollo[
Section 4, Township 17, North, Ronge 4 Eost, Hem[iron county, Indlono, described os follows:
Commencing o[ [he northwest corner el soid hot(seciion; thence South 89 degrees 42 minuteS,50
seconds [os[ (ossumed beefing) 879.12 feet olong [he north line of soid section; thence South 0
degrees 17 minutes 10 seconds Eost 4,5.00 leer to [he sou[h boundury el 116th Street; thence South 84
degrees 0,5 minules 27 seconds Eost 4,56.8`5 loci; thence Souila 14 degrees 27 minutes 1.5 seconds Eost
.506.92 feet; thence Southeosterly 462.50 fcct olong on ore [o Ihe right hoving o rod[us el 2749.79 foci
end subtended by o long chord hoving o beefing et Soulh g degrees j8 minulcs 06 seconds £ost end o
length o! 461.96 leer; thence South 4 degrees 40 minutes 00 seconds Eost 36.2.3 lee[ to the point of
beginning el this description; thence continuing Sou[l'~ 4 degrecs 49 minutes O0 seconds Eost 75.00
feet; thence South 11 degrees Ol minute 24 scconds Eost 100.`50 feet; [hcnce South 85 degrees 11
minutes O0 seconds West 80.88 feet; Ihence Norlh 4 degrees 49 minutes O0 seconds West 17,5.00 feet;
thence North 8,5 degrees 11 minutes O0 scconds Eost 70.00 feet to thc point el beginning end
contoining 0.294 ocres, more or less for the purpose el chonnel clcoring, which eosement will revert to
the owner upon comple[ion of the obovc-dcsignotcd proicct'
EXHIBIT "D" PAGE I0 OF i~
(To Agreement dated 11/5/97)
LEGAL DESCRIPTIONS
TEMI'ORARY RIGHT-OF-WAY
PARCELS 1II & 1J
PROJECT_Hazel Del__l Parkway _PARCEL__L -
PARCE__L NO. lk
LA--APE & DRAINAGE
EASEMENT
Also, on easement in and to the Iollowing dcscrlbcd rcol. cstate, to wit: A port o[thc Southwest
Quarter and a port of the Southeast Quarter alt in Scctlon 9, Township 17 North, Range 4 East,
Hamilton County, Indiana, described os follows: Commencing at the Southeast corner of said
southwest quarter section; thence North 0 degrees 17 minutes 57 seconds East 65.00 Icet along the
eom line of said southwest quarter section to the north boundary of 96th Street; thence South 89
degrees 44 minutes t7 seconds West 296.47 feet along the boundary of said g6th Street; thence
North 67 degrees 56 minutes 12 seconds East 53.85 itel; thence North 89 degrees 44 minutes 17
seconds East 1.35,00 feet; thence North 47 dcgrecs 06 minUtcs .35 seconds East 15.5.3 [ecl to the'
.point of beginning al this descriplion; thence North 0 degrees 0,5 minutes 4~ seconds East 989.56
leer; thence Northeasterly 70.3.75 feet along on arc to thc right and having o radius of 674.96 feet
and subtended by a long chord having o bearing at North 51 degrees 20 minutes 4l seconds East and
e length of 672.29 feet; thence North 62 degrees 35 minutes 41 seconds East 202.58 teat; thence
Northeasterly 605.89 feet along on arc to the lei[ and having a radius al 641.20 feet and subtended
by a long chord having o bearing at North `35 degrees .31 minutes 28 scconds Easl and o length at
58.3.60 feet; thence North 8 degrecs 27 minutes t6 scconds East 412.67 leer to thc north line al the
54 ore tract o[ land described in Oced Record 1SO, page 552 in thc o{[icc al thc Recorder al I-Iomilton
County, indiana; thcnce North 89 degrees 51 minutes 07 seconds East 25.28 [(:et alan9 said north
line; thence South 8 degrees 27 minutes 16 seconds West 416.4.5 lect; thence Southwesterly 629.$t
[eat along on arc to the right and having a radius at 666.20 (cot and subtcnded by o long chord
hovln9 o bearing at South ,35 degrees `31 minutes 28 scconds Wast and o length o[ 606.55 feet;
thence South 62 degrees .35 minutes ~t seconds West 202.58 feet: thcncc Southwesterly 679.54 feet
alan9 on arc to the leit and having a radius al 622.96 tact and subtended by o long chord having e
bearing ol South .31 degrees 20 minutes 41 seconds West and o iength o[ 646.5,5 leer; thence South 0
degrees 0.5 minutes 41 seconds West 966.26 tact; thence South 47 degrees 06 minutes 3.5 seconds
West 34.17 lect to the point of beginning and containing 1.621 ecrcs, more or less [or landscape and
drainage easement.
EXHIBIT "D" PAGE 11 OF {~
.(To Agreement dated 11/5/97)
LEGAL DESCRIPTION
LANDSCAPE & DRAINAGE
EASEMENT
pARCEL 1K
PARCEL NO. 1L
LANDSCAPE & DRAINAGE
EASEMENT
Also, on eastman(in end to the following described reel cs(ate, (o wit: A port of thc Southeast Ouortcr
of Section 9, Township 17 North, Range 4 East, I-IomilLon County, Indiana, described os Iollows:
Commencing eL the southwest corner of said quarter scction; [hcncc NorU~ O dcgrces 17 minutes 57
seconds EoM (assumed bearing) 1315.78 leal along thc west line el said quarter section (o o south line
of the owner's lend; (hence North 89 degrees 28 minutes 52 seconds East 74.65 feet elan9 said south
line to the point el beginning of this description; thence Northeus(crly .329.94 lect elan9 on arc (o thc,
right end having o radius of 522.96 feet end sub(ended by o Ion9 chord having o bearing el North 44
degrees 31 minutcs 14 seconds East end o length of 324..50 fcc[; thcnce North 62 degrees 3.5 mlnutcs 41
seconds East 202.58 feet; thence Northeasterly 724,00 lee( along on arc to the left end having o rodlus
of 766.20 leer end subtended by o Ion9 chord having o bearing el North 35 degrees .31 minu[eS 28
seconds East end o length of 697.37 Icc(; [hcncc North 8 degrees 27 minutes 16 seconds Eost'431.$8
feet to the north line of the 54 acre tree( of lend described in Deed Record (SO, page 552 in (he olfice of
the Recorder of Homilion County, Indiana; thcnce Flor(h 80 dcgrccs 51 mlnu(es 07 seconds East 25.28
feet along said norih line; thcncc South 8 dcgrces 27 minutes 16 scconds West 4.35.36 feet; thence
Southwesterly 747.63 fact along on arc (o the right and having o radius of 701.20 lee( and subtcndc8 by
o long chord having o bearing el South 5,5 degrees 31 minutcs 28 seconds West end o lengih of 720.12
leek thence South 62 degrees 35 minutes 41 seconds West 202..58 Icck thence Southwesterly .301.36
feet along on arc to the left end having o radius of 497.06 feet end sub(ended by o long chord having o
beorin9 of South 4,5 degrees 15 minutes 26 seconds Wesl end o length of 296.78 Ice( to o south line of
(he owner's lend; thence Souih 80 deorces 28 minutes ,32 seconds West 28.24 fcet elan9 said south line
(o (he point of beginning end containing 0.969 acres, marc or less for the purpose el landscape end
drainage easement
PARCEL__NO. 1M
LANDSCAPE & DRAINAGE
EASEMENT
Also, an easement in end to the following described real estate, Lo wi(: Aport ol the West Half of
the Northeast Quarter el Sec(ion 9, Township 17 Nor(h, Range 4 East, Hamilton County, Indiana,
· ' Be innine et o point on I~e s_oulh line of said quarter section North 89 degrees
described os follows, g , /" -, '-^nrln(~') 817.59 feet Item [he southwest corner of said
5t minutes 07 seconds East. t, assumcu
quarter section; (hence North 8 degrees 27 minutes
the 22.77 acre tract el land described in Oecd Rccord 167, page 260, in (he oflice el Ihe Recorder el
Hamilton County, Indiana; (hence North 89 degrccs .54 minutes 49 seconds East 25.28 lect elan9
said north line; (hence South ~ degrees 27 minutes 16 seconds West 767.98 fee( to said south linc;
thence South 89 degrees 51 minutes 07 seconds West 25.28
beginning end containing O.441 acres, more or Icss, Jar landscape end drainage easement
EXHIBIT "D" ~AGE 12 OF IQ
',(To Agreement dated 11/5/97)
LEGAL DESCRIPTIONS
LANDSCAPE & DRAINAGE
EASEMENT
PARCELS IL & iM
PROJECT Haz. e~l Dell Parkway PARCEL
PARCEL NO. 1N
LANDSCAPE & DRAINAGE
EASEMENT
Also, on easement in and to the Iollowing described real estate, to wit: A port o[ the West Half o[
the Northeast Quarter of Section 9, Township 17 North, Range 4 East, Hamilton County, Indiana.
described os Iollows: Beginning at o poinl, on the south llnc of said quo~tcr section North 89 degrees
$1 minutes 07 seconds East (assumed bearing) 943.81 lect [rom [he southwest corncr oi said ,
quarter section; thence North 8 degrees 27 minutes 16 seconds East 767.87 feet to the north.line of
the 22.77 acre tract oI land dcscribed in Deed Rccord 167, page 260, in thc Gl[ice of the Recorder Gl
Hamilton County, Indiana; thence North 89 degrees ,54 minutes 49 scconds Eosl 25.28 feet along
said north line; thence South 8 degrees 27 minutes 16 seconds West 76'/.84 feet to said soUth linc;
thence South 89 degrees 51 minutes 07 seconds West 25.28 feet Dion9 said south line to thc point of
beginning and containing 0,441 acres, more or less, for landscape and drainage easement.
PARCEL NO. 1P
LANDSCAPE & D'%RAIN-GE
EASEMENT
Also, on easement in and to the following described real cstolc, to wit: A par( Gl the East I;Jolloi
os follows:
Commencin9 at the center of sod sect'on; thence South (Sout~ 0 degrccs 01 minute 41 scc nds4,
Township 17 North, Range 4 East. Hamilton Counly, Indiana. dcscribcd
Section ~
West (assumed bearing)) t167.O6 feet ideed) I162.t2 Icc (cole.) along the ~,cst llnc o hc ooulhcost
quarter Gl said section to [he south line at o 99.25 acre tract of land described in Dccd Rccord t86,
page 80 in the olfice o[ the Recorder Gl I-Iomil[on County. Indiana; thence North 89 dcgrccs 54
minutes 49 seconds East ~924.51 feet Dion9 said soulh line; thcnce North 5 degrees 48 minuteS ,36
seconds EoM tg2.05 feet; thence North 10 dcgrecs O0 minu[cs 49 scconds East 158.97 I¢ct to the
point o[ beginning Gl this description, which point of bcginnin9 is on the eastern boundary of River
Rood thence North 4 degrees 28 minutes 47 seconds West 514.18 leer along the eastern boundary Gl
said River Rood to thc south line of the 2.00 acre [root of land described in thc Corporate Warranty
Deed recorded os instrument No. O709710710in said ~ccordcr'sOH'ce, [henccNorth 8,5 degrees .31
minutes 1.5 second £ost I$.00 feet along said south line; thence South 4 degrees 28 minutes 47
seconds East 515.24 feet; tl~ence SouU'~ 89 degrees 53 minutes ,36 seconds West 1`5.04 fcet to the
point of beginning.and c°nt°inin9 0,108 acres, more or Icss for thc landscape and drainage easement.
EXHIBIT "D" PAGE 13 OF I~
(To Agreement dated 11/5/97)
LEGAL DESCRllyrlONS
LANDSCAPE & DRAINAGE
EASE1V[ENT
PARCELS 1N & 1P
PROJECT Hazel Dell Parkway ._PARCEL I .
PARCEL NO. lQ
LANDSCAPE &: DRAINAGE
EASEMENT
A part at thc East Naif of Section 4, Township 17 North, Range 4 East. Hamilton County, Indiono,
described as follows: Commencing at thc center of said scctiorl; thcnc, c South (South 0 degrees
Ot minute 41 seconds West (assumed bearing)) ~167.06 Icct (dccd) 1162.12 Icat (colc) along the
west llnc ol sold east bali to a south linc o[ a 99.2,5 acre tract at land in Dccd Record 186. page
.... 54 minutc~,
80 in tho al[icc al he I~ecordcr al IIo~nilton Cot,dy. h~diont~; U~:nce NtwU~ ~¢O d~ grc~...
.... 48 minutes :56
49 Seconds East 1924.51 Icct olonq said :;auih linc; Ihcacc Narkh S dcor(,~.,,., .
secondsEost 102.03 Iccl; thence Norlh 10 degrees O0 n-~im~tcs 40 seconds West l~u.9/ fact to
Ihc eastern boundary of River Radd; Ihcnc:c Narlh 4 (le0rco:; 2~ mitotic:; d7 :icconds West '149.79
loci along Sd~d eastern boundary to ~l~c north linc el Ih(t 2.00 acre tract al lend dcscrihed in thc
Corporolc Wdrronty I)dcd rccordccl os Instrumcn[ No. 07007107i0 in soi(l Rccordcr's O~[icc end linc
point of beginning of this description; [hence conUnuing North 4 degrees 28 minutes 47 seconds
West 105.44 [eel along said cosicrn boundary; [hcncc North 4 dcgrccs ~S mlnutcs 07 sdconds
West 495.80 Icet ~o o north line et sdld 99.2~ acre troc~ of lanai; thence South 89 degrees d2
minutes 50 seconds Edst 15.05 loci along thc north llnc et said 99.25 c~crc [reel; ~hcncc Sooth 4
degrees $5 minutes 07 seconds East 494.54 [cc[; [hcncc SouUa 4 degrees 28 mintdcs 47 scconds
East t05.45 feel ~o the north line of the 2.00 acre ~rocl; thence South ~5 degrees 51 minu~cs t&
seconds Wes[ 15.00 ieet along the north line et said 2.00 acre tract to the point et bcglnning end
containing 0.207 acres, more or less ~or landscape and drainage casement.
i'EXHIBIT "D" PAGE 14 OF Iq
(To Agreement dated 11/15/97)
LEGAL DESCILIIrr ION
LANDSCAPE & DRAINAGE
EASE~I~,NT
pARCEL IQ
PROJECT. Hazel Dell Parkway .PARCEL 1
PARCEL NO. 1R
TD_iEMP. R/W FOR
IVE CONSTR.
Also, on casement in and to thc fotlowing <h:c. cribed rca1 cst(de. Ia wit: A peri al Ibc Cas/ I-loll al
Section 4, Township 1'7, North, Range 4 East, Hamilton counLy, Indiana, dcscribcd as Ioilows:
Commencin9 at the center of said scction; thcncc South (5otj(h 0 dcorccs 01 minutc5 4~
seconds West (ossumcdbcarin9) 1~67.06 fcct ((iced) 1~62.12 fcct (cote) alan9 the west line of said
cas( hall to o south linc of o 99.23 acre Irocl o~ land in Occd Rcco~d 186, POOC 80 in thc o~ficc of
thc Rccorder of Hamilton County, indiana; tl~cncc North 89 degrees 34 minutes 49 sc~onc: East
1924.51 fcct alano said south linc; [hence NorU~ :) dcgrc :5 4ti minutcs 50 sec. ands East ~92.05 fcct;
thence North 10 degrees 00 mlnutcs 40 seconds West 138.07 fact to thc costern boundary of River
Road; thence North 4 degrees 28 minutes 47 sccond5 West ~t69.80 feet alano said costcrn
boundary to the point al beginning of this description; thcnce continuin9 North 4 degrees 28
minu(es 47 seconds West 45.00 leer; ti~encc North 83 dcgrecs t~ minutes 00 scconds East 25.65
leer; thence South 4 dcgrces 40 minutes 00 seconds East 45.00; (hence South 83 degrccs 1~
minuLes O0 seconds West 23.01 fac( Ia thc point of bcqinnin9 and conLnining 0.025 acres, more or
less for the purpose al construcUno o driveway Ior service to ~ha owner's private proper(y, which
easement will revcr[ to thc owner upon complcUon al thc obovc-dcsignotcd pro~ccL
EXHIBIT "D" PAGE 15 OF l~
(To Agreement dated 11/15/97)
LEGAL DESCRIPTION
TEMPORARY RIGHT-OF-WAY
PARCEL IR