Community Drive Legacy - East Carmel LLCEASEMENT AGREEMENT
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,AP` TO
FO j WIT e rig
Prior deed reference: 2o7c 't 33
This Easement Agreement (the "Agreement), is entered into by and between East
Carmel, LLC "Grantor and the City of Carmel, Indiana, by and through its Board of Public
Works and Safety "Grantee for public right -of -way and related purposes, as follows:
1. Grantor is the fee simple owner of the real property described in Storm Sewer
Easement Exhibit, attached hereto and incorporated herein (the "Real Estate
2. For One Dollar ($1.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee
a perpetual non exclusive easement "Easement that shall run with the land and which shall be
limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate
and/or remove certain storm sewer structures and /or other drainage facilities through, upon, over,
along, under and across the Real Estate, together with the right to do all other lawful acts and
things not inconsistent herewith and requisite or necessary for the full enjoyment of the
Easement.
3. Grantor expressly reserves all right, title and interest in and to the real estate
described above not specifically granted to Grantee, as well as the right to use or permit the use
of the Easement by others for any lawful purpose not inconsistent with the rights granted to
Grantee herein.
4. The Easement is made subject to all prior easements, agreements, restrictions
and rights -of -way of record.
2008043637 EASEMENTS $26.00
08/26/2008 03:00:44P 8 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
5. It is understood that all the provisions of this Agreement are stated herein and
that no verbal agreements or promises will be binding on the parties hereto or their successors in
interest.
6. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Indiana.
7. This Agreement, upon execution by both Grantor and Grantee, is and shall
remain binding upon Grantor and Grantee and their respective officers, officials, agents, partners,
successors, assigns and legal representatives in all respects as to all covenants, agreements and
obligations contained herein.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
Agreement this (0 day of AtJ(,-UST 2008.
[eb:msword.i: \legacy (a.k.a. earlham) legal-does \jc hart easements row \Igy h- stm sewer easement draft.
K/6/08]
"GRANTOR"
East Carmel, LLC.
BY: Platinum Properties, LLC, it's sole
member
By:
Steven R. Edwards
Vice President Chief Financial
Officer
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Steven
R. Edwards, the Vice President Chief Financial Officer of Platinum Properties, LLC, the sole
member of East Carmel, LLC. "Grantor who acknowledged the execution of the foregoing
"EASEMENT AGREEMENT" as his /her voluntary act and deed.
Witness my hand and Notarial Seal this P day of t("6 r 2008.
„0 NOTM 4 g
My Commission xpires:
TIMOTHY J. WALTER
Hamilton County
My Commission Expires
November 11, 2015
]cb:msword:c \kcgacy (a.k.a. carlham) \legal does \jc hart easements row \Igy h- stm sewer easement draf.d3c:8 /6/OS]
Printed Name
My County of Residence:
STORM EASEMENT NUMBER ONE
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
THE LEGACY COMMUNITY DRIVE
A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27 seconds West along the North line
o f said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West perpendicular to said North line a distance of 94.18
feet to the intersection of the southerly right -of-way line of 146th Street and the easterly right -of -way line of Community Drive; thence along the easterly
right-of-way line of Community Drive by the next seven (7) courses; I) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature of
a curve concave westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2) southerly along
said curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of
said curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave easterly, the radius point of said curve
being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point; 4) southerly along said curve 34.64 feet to the point of tangency of said
curve, said point being South 90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point ofsaid curve; 5) South 00 degrees 00 minutes 00
seconds East 88.34 feet to the point of curvature of a curve concave easterly, the radius point ofsaid curve being South 90 degrees 00 minutes 00 seconds East
455.50 feet from said point; 6) southerly along said curve 24.51 feet to the point of tangency of said curve, said point being South 86 degrees 55 minutes 01
seconds West 455.50 feet from the radius point of said curve; 7) South 03 degrees 04 minutes 59 seconds East 478.72 feet to the POINT OF BEGINNING of
this description; thence North 90 degrees 00 minutes 00 seconds East 39.40 feet; thence South 24 degrees 47 minutes 06 seconds East 25.33 feet; thence South
55 degrees 03 minutes 32 seconds West 84.93 feet to the easterly right -of -way line of Community Drive; thence along the easterly right-of-way line of
Community Drive by the next five (5) courses; 1) thence North 00 degrees 00 minutes 00 seconds East 6.63 feet; 2) North 45 degrees 00 minutes 00 seconds
East 28.99 feet; 3) North 00 degrees 00 minutes 00 seconds East 13.14 feet to the point of curvature of a curve concave westerly, the radius point of said curve
being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 4) northerly along said curve 29.30 feet to the point of tangency of said
curve, said point being North 86 degrees 55 minutes 01 seconds East 544.50 feet from the radius point ofsaid curve; 5) North 03 degrees 04 minutes 59
seconds West 2.07 feet to the place of beginning, containing 0.047 acres, more or less.
S:\551 15S 1\ Legal\Exhibit\STORM ESMT 1.rtf
February 21, 2008 rjc
STORM EASEMENT NUMBER TWO
A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27 seconds West along the North line
of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West perpendicular to said North line a distance of 94.18
feet to the intersection of the southerly right -of -way line of 146th Street and the easterly right -of -way line of Community Drive; thence along the easterly
right -of -way line of Community Drive by the next seven (7) courses; 1) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature of
a curve concave westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2) southerly along
said curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of
said curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave easterly, the radius point of said curve
being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point; 4) southerly along said curve 34.64 feet to the point of tangency of said
curve, said point being South 90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point of said curve; 5) South 00 degrees 00 minutes 00
seconds East 88.34 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East
455.50 feet from said point; 6) southerly along said curve 24.51 feet to the point of tangency of said curve, said point being South 86 degrees 55 minutes 01
seconds West 455.50 feet from the radius point of said curve; 7) South 03 degrees 04 minutes 59 seconds East 478.72 feet; thence South 90 degrees 00
minutes 00 seconds West 89.13 feet to the westerly right-of-way line of Community Drive and the POINT OF BEGINNING of this description; thence along
the westerly right -of -way line of Community Drive by the next two (2) courses; 1) thence South 03 degrees 04 minutes 59 seconds East 6.87 feet to the point
of curvature of a curve concave westerly, the radius point ofsaid curve being South 86 degrees 55 minutes 01 seconds West 455.50 feet from said point; 2)
southerly along said curve 23.15 feet to the point of tangency of said curve, said point being North 89 degrees 49 minutes 46 seconds East 455.50 feet from
the radius point of said curve; thence South 90 degrees 00 minutes 00 seconds West 38.50 feet; thence North 00 degrees 00 minutes 00 seconds East 30.00
feet; thence North 90 degrees 00 minutes 00 seconds East 37.47 feet to the place of beginning, containing 0.026 acres, more or less.
S:\55115S1 \Legal\Exhibit\STORM ESMT 2.rtf
February 21, 2008 rjc
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED
AS A RETRACEMENT OR ORIGINAL BOUNDARY SURVEY,
A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT.
5:15511551 Wwo1STORM EASEMENTS,dwg, PAGE 1. 7/262008 11.33:12 M. jmyle
Curtis C. Huff
Registered Land Surveyor
No. 80040348
February 26, 2008
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No.
80040348
STATE OF
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STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 East 106th Street, Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: RJC
CHECKED BY:
SCALE: 1" 200'
DATE: 02/26/2008
JOB NO. 5511551
PAGE
1
OF 4 SHEETS
STORM EASEMENT NUMBER THREE
A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as
follows:
Commencing at the Northeast Comer of the Northwest Quarter of said Section 23; thence North 89 degrees 03 minutes 27 seconds West along the North line
of said Quarter Section a distance of 624.85 feet; thence South 00 degrees 56 minutes 33 seconds West perpendicular to said North line a distance of 94.18
feet to the intersection of the southerly right-of-way line of 146th Street and the easterly right -of -way line of Community Drive; thence along the easterly
right -of -way line of Community Drive by the next eleven (11) courses; 1) South 00 degrees 00 minutes 00 seconds East 220.22 feet to the point of curvature
of a curve concave westerly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds West 544.50 feet from said point; 2) southerly along
said curve 41.41 feet to the point of tangency of said curve, said point being South 85 degrees 38 minutes 33 seconds East 544.50 feet from the radius point of
said curve; 3) South 04 degrees 21 minutes 27 seconds West 242.38 feet to the point of curvature of a curve concave easterly, the radius point of said curve
being South 85 degrees 38 minutes 33 seconds East 455.50 feet from said point; 4) southerly along said curve 34.64 feet to the point of tangency of said
curve, said point being South 90 degrees 00 minutes 00 seconds West 455.50 feet from the radius point of said curve; 5) South 00 degrees 00 minutes 00
seconds East 88.34 feet to the point of curvature of a curve concave easterly, the radius point of said curve being South 90 degrees 00 minutes 00 seconds East
455.50 feet from said point; 6) southerly along said curve 24.51 feet to the point of tangency of said curve, said point being South 86 degrees 55 minutes 01
seconds West 455.50 feet from the radius point of said curve; 7) South 03 degrees 04 minutes 59 seconds East 480.79 feet to the point of curvature of a curve
concave westerly, the radius point of said curve being South 86 degrees 55 minutes 01 seconds West 544.50 feet from said point; 8) southerly along said curve
29.30 feet to the point of tangency of said curve, said point being South 90 degrees 00 minutes 00 seconds East 544.50 feet from the radius point of said
curve; 9) South 00 degrees 00 minutes 00 seconds East 13.14 feet; 10) South 45 degrees 00 minutes 00 seconds West 28.99 feet; 11) South 00 degrees 00
minutes 00 seconds East 755.04 feet to the POINT OF BEGINNING of this description; thence South 06 degrees 23 minutes 12 seconds East 194.95 feet to
the easterly right -of -way line of Community Drive and a point on a curve concave easterly, the radius point of said curve being North 58 degrees 19 minutes
36 seconds East 144.00 feet from said point; thence along the easterly right -of -way line of Community Drive by the next three (3) courses; 1) northerly along
said curve 71.35 feet to the point of tangency of said curve, said point being South 86 degrees 42 minutes 56 seconds West 144.00 feet from the radius point
of said curve, said point also being the point of curvature of a curve concave easterly, the radius point of said curve being North 86 degrees 42 minutes 56
seconds East 289.00 feet from said point; 2) northerly along said curve 16.57 feet to the point of tangency of said curve, said point being North 90 degrees 00
minutes 00 seconds West 289.00 feet from the radius point of said curve; 3) North 00 degrees 00 minutes 00 seconds East 109.82 feet to the place of
beginning, containing 0.036 acres, more or less.
6:0511 SS I\ 1c ga6Exhibit1STORM ESMT 3.rtr
February 26, 2008 dc
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 East 106th Street, Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: RJC
CHECKED BY:
SCALE: 1" 200'
DATE: 02/26/2008
JOB NO. 55115S1
PAGE
OF 4 SHEETS
S555115S11dwglSTORM EASEMENTS.dwg, PAGE 2, 2262008 11:33:33 AM, jcoyle
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
THE LEGACY COMMUNITY DRIVE
g
Curtis C. Huff
Registered Land Surveyor
No. 80040348
February 26, 2008
`7 \11 111,11 111,,
O pISTFy�O c
No.
80040348
STATE OF
N.W. COR., N.W. 1/4,
Q SEC. 23, T.18N., R.4E.
Curtis C. Huff f"
Registered Land Surveyor
No. 80040348
February 18, 2008
P.0.8
ESMT 2
L -12
GRAPHIC SCALE
L -10
IN FEET
1 inch 200 ft.
L -9
C -5
DETAIL: ESMT 2
SCALE: 1"=100'
NOTE:
THIS DRAWING IS NOT INTENDED TO
BE REPRESENTED AS A RETRACEMENT
OR ORIGINAL BOUNDARY SURVEY, A
ROUTE SURVEY OR A SURVEYOR
LOCATION REPORT.
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
THE LEGACY COMMUNITY DRIVE
146TH STREET
S15511551'dwg1STORM EASEMENTS.dwg, PAGE 3.226200811:36:43 AM, jeryle
111111 /j11,
�s c. y�
No.
80040348
STATE OF
;i 1115 1,1/4
11111111
N. LINE, N.W. 1/4, SEC. 23, T.18N., R.4E.
N89'03'27 "W 2682.80'
a
N
o
W
0
0
P
0
0
I
fV
N
C -2
500 'W
88.34'
MATH E
S00'56'33 "W
94.18'
N89'03'27 "W 624.85'
SOUTHERLY RIGHT-OF-WAY G T 0`_WAY UNE
L
C 7 -4
L -6
L -5
L-4
C -7
N
N.E. COR., N.W. 1/4,
SEC. 23, T.18N., R.4E.
L -1
DETAIL: ESMT 1
SCALE: 1"=100'
acHL I E
CHERRY CREEK BLVD
A
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 East 106th Street, Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: RJC
CHECKED BY:
SCALE: 1" 200'
DATE: 02/26/2008
JOB NO. 5511551
PAGE
OF 4 SHEETS
CURVE TABLE
CURVE
RADIUS
ARC LENGTH
TANGENT
CHORD BEARING
CHORD LENGTH
DELTA
C -1
544.50'
41.41'
20.72'
NO21 0'44 "E
41.40
4'21'27"
C 2
455.50'
34.64'
17.33'
S021 0 "W
34.63
4'21'27"
0-3
455.50'
24.51'
12.26'
501'32'30 "E
24.51
3'04'59"
C -4
544.50'
29.30'
14.65'
NO1'32'30 "W
29.30
3'04'59"
0-5
455.50'
23.15'
11.58'
NO1'37'37 "W
23.15
2'54'45"
C -6
144.00'
71.35'
36.42'
S17'28'44 "E
70.62
28'23'20"
C -7
289.00'
16.57'
8.29'
S01'38'32 "E
16.56
317'04"
LINE TABLE
LINE
BEARING
LENGTH
L -1
N90'00'00 "E
.39.40'
L -2
S2 4'47'06"E
25.33'
L -3
S55'03'32 "W
84.93'
L -4
N00'00'00 "E
6.63'
L -5
N45'00'00 "E
28.99'
L -6
N00'0O'OO "W
13.14'
L -7
NO3'04'59 "W
2.07'
L -8
S90'00'00 "W
89.13'
L -9
S03'04'59 "E
6.87'
L -10
N90'OO'00 "W
38.50'
L -11
N00'00'00 "W
30.00'
L 12
S90'00'00 "E
37.47'
L -13
SO6'23'12 "E
194.95'
L -14
N00'00'00 "E
109.82'
5:155115S11dwg1STORM EASEMENTS.dwg. PAGE 4, 22e2008 11.33:52 AM, Jcoyla
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
THE LEGACY COMMUNITY DRIVE
Curtis C. Huff
Registered Land Surveyor
No. 80040348
February 26, 2008
`711I4��'+`1I 1 1 11!7!!7
I No.
80040348
STATE OF
S !l /t1R` 't,,``\`
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 East 106th Street, Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: RJC
CHECKED BY:
SCALE: 1" 200'
DATE: 02/26/2008
JOB NO. 55115S1
PAGE
4
OF 4 SHEETS
WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel,
Indiana, its Easement Agreement "Agreement which Agreement is hereinabove set forth; and
WHEREAS, the City of Carmel, Indiana, is of the opinion that this Agreement is desirable
and necessary to the City.
NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works
and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana,
accepts the Agreement and orders that the Agreement be recorded in the Recorder's Office of the
County of Hamilton, State of Indiana.
"GRANTEE"
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
Lori Watson, Meier
Date:
TT
Dana Cordray, IAMC, Clerk -T ea urer
Date:
ivico
ACCEPTANCE
Ci Na_ ■.L. E
CaJ e.)■ 1 c3 2__
[eh msword Nlegacy (a k earlhamNlegal -docsVg,mIR?- row and easements\Igy ml- stm Inver eastnnent draft d4. 6rtlg)
Sandra M. Johusoit9
Depu Clerk for
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032.