American Aggregates 19898912485
GRANT OF RIGHT OF WAY
THIS INDENTURE WITNESSETH, That AMERICAN AGGREGATES
CORPORATION (hereinafter referred to as "Grantor does hereby
quit -claim and grant, subject to the terms, conditions and
limitations hereinafter set forth, to the City of Carmel
(hereinafter referred to as "Grantee an easement for a public
right of way in and over the real estate (hereinafter referred to
as the "Easement Real Estate"), in Hamilton County, Indiana, as
described' in Exhibit "A" attached hereto and by reference made a
part hereof.
This easement is not intended to and shall not be construed
as surrendering, waiving or affecting in any way Grantor's rights
of access to and from the street commonly known as East 116th
Street in Hamilton County, Indiana.
Upon any vacation, in whole or in part, of the easement thus
created upon the Easement Real Estate herein, which is granted
for right of way purposes, the portion thereof so vacated shall
revert to the then owner of the fee simple title thereof, subject
only to rights of public utilities that may hereinafter be
located therein, all without payment of any sort whatsoever to
Hamilton County, Indiana, the City of Carmel, or to any other
governmental entity. It is understood, however, that Grantee is
not, as a condition of this grant, required to improve the
Easement Real Estate, and it is further understood that after
improvement of all or a portion of the Easement Real Estate the
rights granted herein shall not lapse by reason of non -use.
Until such times as Grantee shall take possession of said
Easement Real Estate, the owner of the fee simple title thereof,
and those claiming through said owner, reserves the right to use
said real estate for any legal purpose not inconsistent with this
grant but said owner, and those claiming through said owner,
shall not construct or cause to have constructed or allow any
construction of any structures thereon. The Grantor, owner and
those claiming through said owner or Grantor, shall not be
eligible to demand or receive any compensation for surrender of
possession or otherwise when Grantee shall take possession of the
Ths instrument Recorded (D 19 1989
Sharon K. Cherry, Recorder, Hamilton County, IN
Easement Real Estate.
IN WITNESS WHEREOF, Grantor has caused this Grant of
Right of Way to be executed this 26th day of May
1989.
STATE OF OHIO
SS:
COUNTY OF DARKE
AMERICAN AGGREGATES CORPORATION
i s
Jorin W. Spidel
Its Vice President
Before me, a Notary Public in and for said County and
State, personally appeared John W. Spidel known by me to
be the Vice President of American Aggregates Corporation,
and being first duly sworn, acknowledged the execution of the
foregoing Grant of Right of Way for and on behalf of said
Corporation.
Witness my hand and Notarial Seal this 26th day of
May 1989.
My C.ormission Expires:
June 3, 1992 Darke
Notary Public
BONNIE JEAN CURT1S, Notary PubI4
In •nd for th. Stare of Ohio
My Commission Expires JUNE 3, 1992
My County of Residence Is:
This Instrument was prepared by Bruce E. Smith, Attorney.
Exhibit "A"
Land Description
Proposed Right of Way Grant from American Aggregates Corp.
(Pt. Deed Record 186, page 80)
Part of the Northeast Quarter of Section 4, Township 17 North. Range 4 East, in
Hamilton County, Indiana, described as follows:
Beginning at the northwest corner of said quarter; thence on an assumed bearing of
North 89 degrees 57 minutes 23 seconds East along the north line thereof a
distance of 1119.58 feet to the southeast corner of the west half of the southeast
quarter of Section 33, Township 18 North, Range 4 East; thence South 00 degrees
18 minutes 13 seconds East parallel with the west line of the aforesaid northeast
quarter a distance of 40.00 feet; thence South 89 degrees 57 minutes 23 seconds
West parallel with the north line of said quarter a distance of 1119.58 feet to the
west line thereof; thence North 00 degrees 18 minutes 13 seconds West along said
west line a distance of 40.00 feet to the Point of Beginning.
Land Description
(Pt. Deed Record 130, page 437)
Part of the West Half of the Southeast
Hamilton County, Indiana, described as foll Quarter of Section 33, Township 18 North, Range 4 East, in
Commencing at a railroad spike at the southwest corner of said half quarter;
bearing of North 89 degrees 57 minutes 23 seconds East along the south line thereof a d a di stance of assumed
o f
150.00 feet to a P.K. nail at the Point of Beginning; thence continuing North
23 seconds East along said south line a distance of 527.89 feet to a P.K. nail decrees lies minutes
degrees 57 minutes 23 seconds West a distance of 645.00 feet from the southeast thence North 00 degrees 21 minutes 02 seconds West parallel nail which lies said half-
South 89
quarter a distance of 1121.36 fees to a minutes
inch rebar with ass corner of said half
p 1 with the east line
Corp thence North 71 degrees 12 minutes 10 seconds West a d s ce 129.15 inch
rebar with yellow cap marked 'Schneider Engr. Corp' marked "Schneider ider Engr,
which the radius g p' on a curve having a radius of feet from
point bears South 71 degrees 12 minutes 10 seconds East; thence southerly along curve an arc distance of 25.70 feet to a 5/8 inch rebar with yellow ca
Corp" which bears North 72 degrees 47 minutes 40 seconds West from said radius g
72 degrees 47 v marked "Schneider Engr.
g minutes 40 seconds West a distance of 50.00 feet to a 5/8 inch rebar with yellow ap
marked "Schneider En r. Cor s point; thcncc North
ffi p on a non tangent curve having a radius of 955.61 feet from which
the radius point bears South 12 degrees 33 minutes 20 seconds West; thence northw
curve an arc distance of 123.24 feet to a 5/8 inch rebar with yellow cap estc "Schnhn along said
p marked
Corp" which bears North 05 degrees 09 minutes 58 seconds East from said radius
12 degrees 38 minutes 28 seconds West a distance of 200.37 feet to eider Engr.
marked "Schneider es r. Cor Point; thence South
S p ;thcncc South 00 degrees 00 minutes 00 seconds b Ea t l a h distance c of
323.57 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp"
degrees 19 minutes 02 seconds West a distance of 41.36 feet to a 5/8 inch rebar with
marked "Schneider Engr. thence North 64
m om which the radius Corp p at the point of curvature of a curve having a radius of 175.00 feet
point bears' North 25 degrees 40 minutes 58 seconds East; thence
northwesterly along said curve an arc distance of 61.76 feet to a 5/8 inch rcbar with It
marked "Schneider Engr. Corp" which bears South 45 degrees 54 minutes 11 seconds West fr
radius point; thence South 45 degrees 54 minutes 11 seconds West a distance of 50.00 ye ow cap
inch rcbar with om said
yellow cap marked "Schneider Engr. feet to a 5/8
t
of 620.68 feet from which the radius g Corp" on a non-tangent curve having a radius
thence southwesterly along said curve an arc distance of 60.52 f eete h to a 5 8 inch 14 seconds East;
cap marked "Schneider Engr. Corp" which bears North 71 degrees 06 minutes 26 seconds West from
said radius point; thence South 89 degrees 33 minutes 21 second rebar with yellow
5/8 inch rebar with yellow ca p marked "Sch s West a distance of 186.94 feet to a
"Schneider Engr, Corp" on the west line of the aforesaid
half- quarter; thence South 00 degrees 26 minutes 39 seconds East along said West line a d'
34.33 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Nonce rth 0 0f
g Corp" Coup" which lies 0
North 26 minutes 39 seconds Wcst a distance of 580.80 feet from the southwest corner of said
quarter; thence North 89 degrees 57 minutes 23 seconds East half
p3rallei with th
half- quarter a distance of 150.00 feet to a 5/8 inch rebar with e south line of said
Corp; thence South 00 degrees 26 minutes 39 seconds East t i yellow cap marked "Schneider of sid haaf- l
quarter a distance of 580.80 feet to the Point of Beginning. Containing 11.957 acresjmo o or less.
end
Land Description
(Pt. Deed Record 284, page 827 and Pt. Deed Record 294, page 461)
Part of the West Half of the Southeast Quarter of Section 33, Township 18 North, Range 4 East, in
Hamilton County, Indiana, described as follows:
Commencing at a P.K. nail at the southeast corner of said
bearing of South 89 degrees 57 minutes 23 seconds West along the south line thereof feet to a P.K. nail at the Point of I g, thence North 00 degrees 21 minutes 02 seconds
half quarter thence; on an assumed
West a distance of 40.00 feet to a 5/8 inch rebar with yellow ca m ereoC a distance of
thence South 89 degrees 57 minutes 23 seconds West p arked "Schneider Engr.
t distance of 150.04 feet to a 5/8 inch rebar with yellow ca p "Schneider Engr. Corp thence
with south lice of said half-quarter
\forth 00 degrccs 32 minutes 59 seconds East a distance of 230.11 feet to a 5/8 inch
yellow cap marked "Schneider Engr. Corp thence North 89 degrees 57 minutes 23 seconds with
Parallel with the the south line of said half quarter a distance of 146.43 feet to a 5/8 inch reba
pith yellow cap marked "Schneider Engr. tends East
ith r to as measured g Corp" distant 322.50 feet west of the east line of said half-
parallel with the south line thereof; thence North 00 degrees 21 minutes 02
econds West parallel with the east line of said half quarter a distance of 449.55 feet to a S 8 inch
p
ebar with yellow cap marked 'Schneider Engr. Cor
econds West a distance of 183.52 feet to a 5/8 inch rebar w i thce North 70 yellow cap m arked arked degrees 23 minutes 38
'orp thence North 00 degrees 21 minutes 02 seconds West Schneider Engr,
natter a distance of 480.00 feet to a 5/8 inch rebar with parallel with the cast line of said half-
fence South 89 degrees 57 minutes 23 West Yellow cap marked "Schneider Engr. Corp
parallel wi
istance of 150.00 feet to a 5/8 inch rebar withth the south line of said half-quarter a
15.00 feet west of thc cast line of said half quart c as measured Engr. c! with the south so distant
iereof; thence South 00 degrees 21 minutes 02 seconds East aralluth line
parallel with thc cast line of the said
11f quarter a distance of 1261.36 feet to a P.K. nail on the south line thereof; thence North
a grees 57 minutes 23 seconds East along said south line a distance of 322.50 feet to the Point of
'ginning. Containing 6.532 acres, more or less.
an
and
Exhibit "B" (continued)
Land Description
(Pt. Deed Record 225, page 348 and
Pt. Deed Record 144, page 302)
Part of the West Half of the Southeast Quarter of Section 33, Township 18 North, Range 4 East, in
Hamilton County, Indiana, described as follows:
Beginning at a P.K. nail at the southeast corner of said half- quarter; thence on an assumed bearing
of South 89 degrees 57 minutes 23 seconds West along the south line thereof a distance of 322.50 feet
to a P.K. nail; thence North 00 degrees 21 minutes 02 seconds West parallel with the cast line of said
half quarter a distance of 689.65 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr.
Corp thence North 65 degrees 16 minutes 24 seconds East a distance of 159.19 feet to a 5/8 inch
rebar with yellow cap marked "Schneider Engr. Corp thence South 67 degrees 45 minutes 24 seconds
East a distance of 192.25 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp" on
the cast line of said half-quarter; thence South 00 degrees 21 minutes 02 seconds East along said east
line a distance of 142.97 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp"
lying distant 540.24 feet north of the southeast corner of said half quarter; thence South 49 degrees
52 minutes 43 seconds West a distance of 356.55 feet to a 5/8 inch rebar with yellow cap marked
"Schneider Engr. Corp" on a curve having a radius of 275.00 feet from which the radius point bears
South 83 degrees 33 minutes 35 seconds West; thence southerly along said curve an arc distance of
29.23 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp" which lies North 89
degrees 38 minutes 58 seconds East from said radius point; thence South 00 degrees 21 minutes 02
seconds East parallel with the east line of said half- quarter a distance of 241.52 to•a 5/8 inch rebar
with yellow cap marked "Schneider Engr. Corp* lying 40.00 feet north of the south lint of said half
quarter; thence North 89 degrees 57 minutes 23 seconds East parallel with said south line a distance
of 272.50 feet to a 5/8 inch rebar with yellow cap marked "Schneider Engr. Corp" on the cast line of
said half quarter; thence South 00 degrees 21 minutes 02 seconds East along said cast line a distance
of 40.00 feet to the Point of Beginning. Containing 2.923 acres, more or Tess.
Land Description
(Deed Record 253, page 27)
Begin at the Southwest corner of the West Half of the Southeast Quarter of Section Thirty -three
(33), Township Eighteen (18) North, Range Four (4) East and run thence East 150 feet; thence North
parallel with the West line of said Quarter Section 580.8 feet; thence West 150 feet to an existing
fence line; thence South 580.8 feet to the place of beginning, containing two (2) acres.
ACCEPTANCE
The undersigned, being the members of the Carmel Board
of Public Works and Safety, hereby accept the foregoing
Declaration of Easement and agree to be bound thereby.
Attest:
san Jones, Clerk reasurer
CARMEL BOARD OF PUBLIC
WORKS AND SAFETY
Dorothy J
ancock, Mayor
William McFadden, Member
This Instrument Recorded 1989
Sharon K. Cherry, Recorder. Hamilton County. IN