Hopewell Pkwy - East Carmel LLCEASEMENT AGREEMENT
[eb maw ord i legacy to k a carlham)tlegal -0rxsn ff ml&'_- row and easementstl6y ml- sun sewer easement draft d[1106
APPROVED, AS y
FORIA
Prior deed reference: 2e04'Q4 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.
2008043638 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 6: day of AuCruSr 2008.
"GRANTOR"
East Carmel, LLC.
BY: Platinum Properties, LLC, it's sole
member
By:
[etemsword:i.Ucgacy (a.ka earlham) \legal does \Igy mt &2- row and easements \Igy ml- stm sewer ea semen2draft.doc:8 /6108(
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 t 7ii day of 4viia i
My Commission Expires:
TIMOTHY J. WALTER
Hamilton County
My Commission Expires
November 11, 2015
]eh:msword:i: \kgacy (a.k.a. earlham) legal-does \Igy ml &2- row and easements \lgy ml- stm sneer easnnen3drafl.doc:8/6 /08]
2008.
Printed Name
My County of Residence:
NW. COR., NW. 1 /4
SEC. 23. T18N, R4E
N89'03'27 "W
2682.80'
Curtis C. Huff
Registered Land Surveyor
No. 80040348
July 30, 2008
tl =4'21'27"
R =544.50'
L =41
T =20.72'
NOW OR FORMERLY
EAST CARMEL. LLC
INSTR. No. 2007043398
111 11 I it
-c1S C. A
C ��G STEg 6 0 T
No.
80040348:
STATE OF
NDIANP
ti 0 'SU R"J y
''rrinitutult ttt
100 200
IN FEET
1 inch 200 Ft.
146th STREET
500'56'33 "W
94.18'
GRAPHIC SCALE
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL. LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
N. LINE, NW. 1/4
SEC. 23, 1 R4E
400
N89'03'27"'W
624.85'
w
O N
o ry I
O
O N
N 15 FOOT
UTILITY EASEMENT
INSTR. No 2008033173
304'21'27 "W L -6 I i50
L -7 L -8
585'38'320.03' 3 E L -5 S90'00'00 "E 479.06'
1 22.74 L -4 1,---. PROPOSED 7'
L— Imo`) LANDSCAPE
L -2 C -1 L -3 L -17 L -15 L -14 L -13 -12 L -11 L -9 1 EASEMENT
P.0.8. L -16 1 I
1 HOPEWELL PARKWAY
(PROPOSED)
LINE
L- I
L -2
L -3
L -4
L -5
L -6
L -7
L -8
L -9
L -10
L-11
L -12
L 13
L- 14
L -15
L -16
L-17
LINE TABLE
BEARING
S57'49 10 "E
585'38'33 "E
S90'00'OO "E
N00'00'00 "W
1\176 53"E
S90 E
N65'37 "37 "E
517'54'34 "E
N90'00 00 "W
N1 7'54'34"W
N90'00'00 "W
500"00 00 "E
N90'00'00 "W
x100'00 00 "W
N90'00 00 "W
565'37'37 "W
1490'00'00 "W
NOTE:
THIS DRAWING 1S NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT
OR ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT
NE, COR. NW. 1/4
SEC. 23, T18N, R4E
LENGTH
15.00
19.43
116.15
14.79
43.21
24.56
29.08
38.88
31.53
7.36
234.08
7.00
30.00
7.00
186.67
84.06
S:155115S14dwg430 FOOT STORM SEWER EXHIBIT.dwg, RW EXHIBIT, 7/31/2008 9:16:38 AM, tbrown, 1:1
16.96
SLY RIGHT OF WAY LINE
TUNIS GERARD
REGULATED DRAIN
75' STATUTORY EASEMENT
FROM TOP OF BANK OR
CENTER OF TILE
15 FOOT
UTILITY EASEMENT
INSTR. No. 2008033173
150'
L -10
15'
CURVE TABLE
CURVE
C I
RADIUS LENGTH
127.00' 9.66'
TANGENT
4.83
CHORD
9.66'
CHORD BEARING
587'49'16"E
DELTA
4'21'27"
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 East 106th Street. Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: TLB
CHECKED BY:
SCALE- I" 200
DATE. 07/30/2008
JOB NO. 5511551
PAGE
OF 2 SHEETS
A part of the Northwest and Northeast Quarters 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 scconds 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 North line
of real estate recorded as Instrument Number 2007043398 in the Office of the Recorder of Hamilton County,
Indiana, said point also being the southerly right of way line of 146th Street and the proposed easterly right of
way of Community Drive; thence along said easterly right of way by the next three (3) calls; 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 North 90 degrees 00 minutes 00 scconds 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 20.03 feet; thence South 85 degrees 38 minutes 33 seconds East 122.74; thence South 57 degrees
49 minutes 10 seconds East 15.00 feet; thence South 85 degrees 38 minutes 33 scconds East 19.43 feet to the
point of curvature of a curve concave northerly, the radius point of said curve being North 04 degrees 21
minutes 27 seconds East 127.00 feet from said point; thence easterly along said curve 9.66 feet to the point of
tangency of said curve, said point being South 00 degrees 00 minutes 00 seconds East 127.00 feet from the
radius point of said curve; thence South 90 degrees 00 minutes 00 seconds East 116.15 feet to the POINT OF
BEGINNING of this description; thence North 00 degrees 00 minutes 00 seconds West 14.79 feet; thence North
76 degrees I9 minutes 53 seconds East 43.21 feet; thence South 90 degrees 00 minutes 00 seconds East 24.56
feet; thence North 65 degrees 37 minutes 37 seconds East 29.08 feet; thence South 90 degrees 00 minutes 00
seconds East 479.06 feet; thence South 17 degrees 54 minutes 34 seconds East 38.88 feet; thence North 90
degrees 00 minutes 00 seconds West 31.53 feet; thence North 17 degrees 54 minutes 34 seconds West 7.36 feet
to the South line of a utility easement as recorded in Instrument Number 2008033173 in said Recorder's Office;
thence North 90 degrees 00 minutes 00 seconds West along said South line a distance of 234.08 feet; thence
South 00 degrees 00 minutes 00 seconds East 7.00 feet; thence North 90 degrees 00 minutes 00 seconds West
30.00 feet; thence North 00 degrees 00 minutes 00 seconds West 7.00 feet to the South line of said Utility
Easement; thence North 90 degrees 00 minutes 00 seconds West along said South line a distance of 186.67 feet;
thence South 65 degrees 37 minutes 37 seconds West 16.96 feet; thence North 90 degrees 00 minutes 00
seconds West 84.06 feet to the place of beginning, containing 0.395 acres, more or less, subject to all legal
highways, rights -of -ways, easements, and restrictions of record.
S:'.55115S \Lcgni \E,diibiO30 FOOT STORM SEINER EASE 1 M
July 28. 2008, llb
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
Curtis C. Huff
Registered Land Surveyor
No. 80040348
July 30, 2008
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT
OR ORIGINAL BOUNDARY SURVEY. A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT.
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 East 106th Street, Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: TLB
CHECKED BY:
SCALE. NA
DATE. 07/30/2008
JOB NO. 5511551
PACE
OF 2 SHEETS
S:\55115S1 \dwg \30 FOOT STORM SEWER EXHIBIT.dwg. RW EXHIBIT (2), 7/31/2008 9:33:10 AM, tbrown, 1:1
��iNUUNrrrH rgr
GISTEF
No.
80040348
STATE OF
ti VDlAISP
d
LINE TABLE
LINE
BEARING
LENGTH
L -1
557'49'10 "E
15.00
L -2
585'38'33 "E
19.43
L -3
N90'00'00 "W
0.75
L -4
SO4'48'02 "W
7.72
L -5
555'58'29 "W
4.55
L -6
542'32'47 "E
74.07
L -7
500'20'33 "E
44.66
L -8
N42'32 47 "W
120.94
L -9
N69'41'32
58.67
L -10
590'00'00"E
90.87
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
CHORD
CHORD BEARING
DELTA
C 1
127.00'
9.66'
4.83'
9.66'
S87'49'16 "E
4'2127"
NW. COR., NW. 1/4
SEC. 23, T18N, R4E
N89'03'27 "W
2682.80'
NOW OR FORMERLY
EAST CARMEL, LLC
INSTR. No. 2007043398
Curtis C. Huff
Registered Land Surveyor
No. 80040348
July 30, 2008
500'56'33"W
94.18'
A= 4'21'27
R =544.50'
L= 41.41'
T =20.72
tttttt t11111111 7
No.
80040348
STATE OF
•/1//'•.- NDIA1 4. QQ:�
,,,U 'i
r r 'nn n n n ttt
GRAPHIC SCALE
100 200
IN FEET
1 inch 200 ft..
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
146th STREET
N. LINE, NW. 1/4
SEC 23, T18N, R4E
400
to
504'21'27 'W
20.03'
S "E
122.74'
N89'03'27 "W
624.85'
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT
OR ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT
S:155115511dwg130 FOOT STORM SEWER EXHIBIT 2.dwg, RW EXHIBIT, 7/31/2008 8 :09:41 AM, (brown, 1:1
NW. GOR. NE. 1/4
SEC. 23, T18N, R4E A
r RIGHT OF WAY LINE
15 FOOT
UTILITY EASEMENT
it INSTR. No. 2008033173
7' PROPOSED
LANDSCAPE
EASEMENT
590 "00'00 "E 751.88
HOPEWELL PARKWAY
(PROPOSED)
TUNIS GERARD
REGULATED DRAIN
75 STATUTORY EASEMENT 1
FROM TOP OF BANK OR
CENTER OF TILE
L -8 1
C L-9-7"/ L -5
L -6
V-L -7
15 FOOT 15'
UTILITY EASEMENT
INSTR. No. 2008033173
150
I500'00 -00"E
t 46.00'
L -10 L -3 L -4
150'
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 East 1061h Street, Fishers, IN 46038
(317) 849-5935 FAX: (317) 849 -5942
DRAWN BY: TLB
CHECKED BY:
SCALE: 1" 200'
GATE. 07/30/2008
JOB NO. 55115S1
PAGE
OF 2 SHEETS
STORM SEWER EASEMENT DESCRIPTION:
S:\55115S11Lcgal \Exhibit\30 FOOT STORM SEWER EASE 2.nf
July 28, 2008, tib
STORM SEWER EASEMENT EXHIBIT
PREPARED FOR: EAST CARMEL, LLC
COMMUNITY DRIVE AND HOPEWELL PARKWAY
A part of the Northeast Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton
County, Indiana, more particularly described as follows:
Commencing at the Northwest corner said Northeast Quarter Section; thence North 89 degrees 03 minutes 27
seconds West along the North line of the Northwest Quarter of said Section 23 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
North line of real estate recorded as Instrument Number 2007043398 in the Office of the Recorder of Hamilton
County, Indiana, said point also being the southerly right of way line of 146th Street and the proposed easterly
right of way of Community Drive; thence along said easterly right of way line by the next three (3) calls; 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 North 90 degrees 00 minutes 00 seconds West 544.50 fcet 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 20.03 feet; thence South 85 degrees 38 minutes 33 seconds East 122.74 feet; thence South 57
degrees 49 minutes 10 seconds East 15.00 feet; thence South 85 degrees 38 minutes 33 seconds East 19.43 feet
to the point of curvature of a curve concave northerly, the radius point of said curve being North 04 degrees 21
minutes 27 seconds East 127.00 feet from said point; thence easterly along said curve 9.66 feet to the point of
tangency of said curve, said point being South 00 degrees 00 minutes 00 seconds East 127.00 feet from the
radius point of said curve; thence South 90 degrees 00 minutes 00 seconds East 751.88 feet; thence South 00
degrees 00 minutes 00 seconds East 46.00 feet; thence North 90 degrees 00 minutes 00 seconds West 0.75 feet
to the POINT OF BEGINNING of this description; thence South 04 degrees 48 minutes 02 seconds West 7.72
feet; thence South 55 degrees 58 minutes 29 seconds West 4.55 feet; thence South 42 degrees 32 minutes 47
seconds East 74.07 feet; thence South 00 degrees 20 minutes 33 seconds East 44.66 feet; thence North 42
degrees 32 minutes 47 seconds West 120.94 feet; thence North 69 degrees 41 minutes 32 seconds West 58.67
feet; thence South 90 degrees 00 minutes 00 seconds East 90.87 feet to the place of beginning, containing 0.092
acres, more or less.
eft
Curtis C. Huff
Registered Land Surveyor
No. 80040348
July 30, 2008
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT
OR ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY OR A SURVEYOR LOCATION REPORT.
S:155115S1\dwg \30 FOOT STORM SEWER EXHIBIT 2.dwg, RW EXHIBIT (2), 7/31/2008 8:13:19 AM, tbrown, 1:1
tUNinuN1/1,,
P
y1.
CJ ;�G1STE/� x.
No.
80040348
STATE OF
1j1j/ ;U% 0
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 Eost 1061h Street, Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: TLB
CHECKED BY:
SCALE: NA
DATE. 07/30/2008
JOB NO. 55115S1
PAGE
OF 2 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
BY:
J
Mary
Date:
Lori Watson, Membe
Date:
A EST:
iana Cordray, I
Date: fl l O
/?-c
erk- Treasurer
ACCEPTANCE
]eh msnord i legacy (a k a carlhamMegal -doc sti mI&2- row and easemrntstIm ml mn sewer easement draft d4RnF(UR]
Sandra M. Johnsolh
Deputy Clerk for
1 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.
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