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Carmel Drive - System Capital Real PropertyCP ..j ,ifce to Prior Deed of Record: Quitclaim Deed dated May 26, 2000 and recorded as Instrument Number 955 3 lO .milton County, Indiana Recorder's Office EASEMENT AGREEMENT This Easement Agreement (this "Agreement is made and entered into this l day of 2000 by and between SYSTEM CAPITAL REAL PROPERTY CORPORATION, a Delaware Corporation "Grantor and THE CITY OF CARMEL, INDIANA "Grantee 200200096837 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 12 -13 -2002 02:23 pm. EASEMENTS 50.00 A. Grantor owns certain real property (the "Grantor Parcel located in Hamilton County, Indiana more particularly described as follows: RECITALS Instrument 200100048947 See Exhibit A, which is attached hereto and incorporated herein B. Grantee, in connection with Grantee's improvement, widening and beautification of Carmel Drive (the "Project requires a permanent landscape easement over a portion of the Grantor Parcel which permanent landscape easement area (herein referred to as the "Permanent Easement Parcel is more particularly described as follows: See Exhibit B, which is attached hereto and incorporated herein See Exhibit C, which is attached hereto and incorporated herein Instrument 200200096837 C. Grantee also requires a temporary easement for the duration of the Project for purposes of constructing that portion of the Project located upon the Grantor Parcel. Such temporary easement area (herein referred to as the "Temporary Easement Parcel is more particularly described as follows: NOW, THEREFORE, in consideration of the foregoing recitals, all of which are incorporated herein by this reference, and of the grants of easements and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Grant of Permanent Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual easement over, under, through and across the Permanent Easement Parcel for the purpose of landscaping over, under, across, upon and through the Permanent Easement Parcel for which Grantee shall have the right to: (a) remove any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes and earth berming that exist prior to, as of the time of, or after Grantee's acquisition of such easement; (b) plant trees, bushes (the "Plantings grass or sod, and install earth berming; and (c) maintain, remove and replace the Plantings, which may include the installation of irrigation equipment. 200100048947 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 08 -06 -2001 02:54 pm. EASEMENTS 40.00 2. Temporary Rights Acquired bv Grantee. During the term of the Project, Grantor hereby grants and conveys to Grantee the exclusive right to utilize the Permanent Easement Parcel and the Temporary Easement Parcel for all purposes related to the construction of the Project, including, but not limited to the storing of Grantee's equipment and the staging of the construction of tine Project. Upon the completion of the Project such temporary easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition as existed prior to the commencement of the Project. 3. Obligations of Grantee. Grantee shall maintain the Plantings and remove any diseased or dead Plantings from the Permanent Easement Parcel and replace such dead Plantings with Plantings of the same (or similar) species, and to the extent practicable, the same size. 4. Rights Retained bv Grantor. Grantor shall retain unto itself, and its grantees, heirs, successors and assigns, and others to whom Grantor may grant rights or easements, the right to use the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the foregoing easement acquisition by Grantee, including without limitation the right to install, use, maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the Project. Grantor and its grantees. heirs, successors and assigns shall retain the right of access over and across the Permanent Easement Parcel to and from the Public Right -of -Way to real estate owned by Grantor adjacent to the Permanent Easement Parcel via Grantor's existing driveway or any future driveway. 5. Obligations of Grantor. Except for any driveway described in Section 4 hereof, Grantor shall keep the Permanent Easement Parcel free of any fence, structure, asphalt, gravel, plants (other than grass or sod and the Plantings installed by Grantee) concrete or other improvements. Grantor shall mow and care for the grass located within the Permanent Easement Parcel and shall keep the Permanent Easement Parcel free from debris, weeds and refuse. 6. Easement and Covenants Appurtenant. The easements granted, created and made herein, together with the benefits thereof, shall run with the Grantor Parcel and inure to the benefit of Grantee and its grantees, successors and assigns. The easements granted, created and made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel, and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Permanent Easement Parcel, the Grantor Parcel and the Temporary Easement Parcel, as applicable, shall run with the Permanent Easement Parcel, the Grantor Parcel and the Temporary Easement Parcel, and shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event that a party breaches any such covenant or agreement, the other party may exercise any remedy available hereunder, at law or in equity, and recover from the breaching party all amounts expended in connection with exercising any such remedy (including without limitation, court costs and attorneys' fees). 2 7. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana. 8. The undersigned person executing this Easement Agreement on behalf of Grantor warrants that he has been duly authorized and fully empowered, by proper action of the governing body of Grantor, to execute this Easement Agreement. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR System Capital Real Property Corporation. a Delaware Corporation-_' By: Printed: Catherine A. Griffin Title: COUNTY OF I am a resident of Assistant Secretary STATE OF SS: My commission expires: //0/1 03 County,y to s O,F1CIAL SEAL. NOTARY PUBLIC, STATE OF ILLINOIS DAY CO ION EXPIRES: 11 p1 OS 3 GRANTEE By: STI5P AWN C. 46z /Ny ,(jth Printed: Joseph C. Stae- er- Title: Director of Administration Before me, a Notary Public in and for said County and State, personally appeared e ,/I,`fi�l�„ ,o. �1� the d/4,4t),00441— i, of Grantor and who, having been duly sworn, acknowledged the truth and accuracy of the rep4esentations made herein and the execution of the foregoing Agreement. Witness my hand and Notarial Seal this day of iatib 2000. Notary Public .2/Am 4. Printed Name STATE OF /'Vb /H(y') I SS: COUNTY OF 1 Before me, a Notary Public in and for said County and State, personally appeared Joseph C. Staehler, the Director of Administration of Grantee, who, having been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement for and on behalf of said Grantee. Witness my hand and Notarial Seal this My commission expires: ql b OK I am a resident off451 unty, Indiana 4 This instrument was prepared by Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282, (317) 633 -4884. Return following recording to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282, (317) 633 -4884. Grantor hereby certifies that there ie no Indiana boss Incase Tax due by virtue of this transaction at this time, Store No. 353 (Carmel, IN) 951.? 9s Exhibit "A" O i2 C 7E DULY ENTERED 9547336. Su ro FOR TAXATION trwfa WARRANTY DUD 19 AtMlhir p ax QC Development 'Comp anr.4...Grantor• organized and existing under'th laws of: th CONVEYS AND WARRANTS to BC Reitl7Betate ::Investments, .It:c. ('Grantee'), a corporation organized.and.nxieting under the laws of the State of Delaware, for the sum of Tnir_Dollars ($10.00) and other valuable consideration, the ,'receipt of _which` -is hereby acknowledged, the following described real See Exhibit •A' attached hereto and made'a part hsreof said conveyance being dated and signed,::• and acknowledged by Grantor,.ahall be deemed to be a conveyance in fee simple to Grantee, ittt successors and assigns, with covenant from Grantor th•.t it is lawfully seized of the premises, has good right to convey the same, and guarantees quiet po ion thereof, that the same are free from all encumbrances except those set forth on Exhibit •B• attached hereto and made a part hereof, and that Grantor will warrant and defend the title to the same against all lawful claims. IN WITNESS WHEREOF, Grantor has caused this Warranty Deed to be executed this day of 1995. QC co Byt P ti (Corporate Seal] FMENT 90MP a Michigan Its :S'ofN EXHIBIT °A• LEGAL DESCRIPTION (CARXZL, IN) PART OP THE SOUTH HALF OF SECTION 31, TOWNSHIP 18 WORTH, RANGE 4 EAST, :LAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE NORTH 1 DEGREE 04 MINUTES 45 SECONDS WEST ALONG TEE WEST LINE OF SAID SECTION 1752.85 FEET TO THE INTERSECTION OF THE CENTERLINE OF WESTFIELD BLVD. RANGE LINE ROAD) WITH THE CENTERLINE OF'CARMEL DRIVE; THENCE NORTH 89 DEGREES 55 MINUTES EAST ALONG THE CENTERLINE OF SAID CARMEL DRIVE 600.01 FEET TO THE P.C. OF A CURVE; THENCE ALONG SAID CENTERLINE NORTHEASTERLY 400 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF 1145.92 FEET AND A LONG CHORD HAVING A BEARING OF NORTH 79 DEGREES 55 i4INUTES EAST AND A LENGTH OF 397.97 FEET TO THE P.T. OF SAID CURVE; THENCE NORTH 69 DEGREES 55 MINUTES EAST ALONG SAID CENTERLINE 238.51 FEET TO THE P.C. OF A CURVE; THENCE ALONG SAID CENTER LINE NORTHEASTERLY 400 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 1145.92 FEET AND A LONG CHORD HAVING A BEARING OF NORTH 79 DEGREES 55 MINUTES EAST AND A LENGTH OF 397.97 FEET TO THE P.T. OF SAID CURVE; THENCE NORTH 89 DEGREES 55 MINUTES EAST ALONG SAID CENTERLINE 1232.33 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION WHICH POINT IS SOUTH 89 DEGREES 55 MINUTES WEST 518.52 FEET FROM THE INTERSECTION OF THE CENTERLINE OF KEYSTONE WAY WITH THE CENTERLINE OF SAID CARMEL DRIVE; THENCE NORTH 89 DECREES 55 MINUTES EAST ALONG SAID CENTERLINE OF CARREL DRIVE 273.52 FEET; THENCE SOUTH 00 DEGREES OS MINUTES EAST 290.00 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES NEST PARALLEL WITH SAID CENTERLINE OF CARMEL DRIVE 273.52 FEET; THENCE NORTH 00 DEGREES 05 MINUTES WEST 290.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.821 ACRES, MORE OR LESS. EXCEPTING THEREFROM: PART OF THE SOUTH HALF OF SECTION 31, TOWNSHIP 18 NORTH, RANGE 4 EAST, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE NORTH 1 DEGREE 04 MINUTES 45 SECONDS WEST ALONG T}UE WEST LINE OF SAID SECTION 1752.85 FEET TO THE INTERSECTION OF THE CENTERLINE OF WESTFIELD BLVD. (RANGE LINE ROAD) WITH THE CENTERLINE OF CARMEL DRIVE; THENCE NORTH 89 DEGREES 55 MINUTES EAST ALONG THE CENTERLINE OF SAID CARMEL DRIVE 600.00 FEET TO THE P.C. OF A CURVE; THENCE ALONG SAID CN ERLINE NORTHEASTERLY 400 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF 1145.92 FEET AND A LANG CHORD HAVING A BEARING OF NORTH 79 DEGREES 55 MINUTES EAST AND A LENGTH OF 397.97 FEET TO THE P.T. OF SAID CURVE; THENCE NORTH 69 DEGREES 55 MINUTES EAST ALONG SAID CENTERLINE 238.51 FEET TO THE P.C. OP A CURVE; THENCE ALONG SAID CENTERLINE NORTHEASTERLY 400 FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS 07 1145.92 FEET AND A LONG CHORD HAVING ?33 01/. STATE OF COUNTY OF Send Tax Bills Tot 14103 Denver West Parkway Golden, CO 80401-4086 -2- Before me, a Notary p bl irqnd r•said, ty an 7,State, personally appeared of QC Development Company, a Mich.igan .corporat ion an acknoIged the execution of the foregoing instrument‘aersuch•officer:acting Lor and on behalf of said corporation sworn, stated that the representations :thersin and correct. /4 frrit_ Witness my hand and Noterill'Asal‘7this .f of 1995. e. s„,,... -vi5e-Nir .i• 1 Ti-h7q 6, (printed namei Notar Pub io f--2 My Commission Expirest 7 —9A7 ..Resident efreg County, (Notarial Se .!:::;'j.,, '.,11::...•:,i This instrument Prepared by and i•. —,-0. .:4;; when recorded returned to s 4.... eli :X Monica J. Labe, Esq. Dickinson, Wright, Moon, Van Dusen Freeman 500 Woodward Avenue, Suite 4000 Detroit, KI 48226-3426 (313) 223-3500 EXHIBIT B Enaunbrances, easements and restrictions of record...i,:: ;•.;:i PERMITIED ENCUMBRANCES e 2 re THE SCHNEIDER L J CORPORATION 1232.33' w 0 0o .no 00 o 0 In 1 1 N89'55 600.00' SW CORNER SEC.31— T18N —R4E \2k \2603 \001 \dwgs\parce128.dwg L SURVEY UNE SURVEY UNE MCWU. 24428 3020 North Post Road Indianapolis. Indiana 22 488 -8518 317- 898 -8282 317- 899 -8010 FAX 317 895 -2803 RESIDENTIAL SURVEYING FAX N89'55'00 E 143.52' CARMEL DRIVE P.0.8. PROPOSED PERMANENT R.O.W. PARCEL 28 ROW (CROSS HATCHED) EXISTING 40' 1/2 R.O.W. LINE 3: N89 55 00 45 �S$ "W 9_55'00 :I r NCOros'00 W.' 8.00' PROPOSED 48' 1/2 R.O.W. LINE BOSTON MARKET PARCEL 28 RECORD OWNER BC REAL ESTATE INVESTMENTS, INC. WARRANTY DEED INSTR. 9547336 L= 400.00' SURVEY UNE MONU. 1321 PARCEL 28 E(1 -IIBIT 'A' PLAN SCALE 1'= 30' Engineering Surveying Landscape Architecture CIS US Geology w 0 P 0 So• 0'• 0 1n SURVEY LINE MONU. 1322 A 1232.33" S00 "E 40.00' P.0.8. PARCEL 28 ROW L= 400.00' R =1145.92' NOTE SEE ROUTE SURVEY CONTROL TLE.S EXHIBIT FOR CENTERUNE AND SURVEY LA I( COORDINATES. S00 05'00 "E 8.00' r SURVEY UNE N8955'00 Q 17 50-84 TSC 12603.001 Sheet 1 of r 1 THE I I SCHNEIDER L J CORPORATION East Carmel Drive Protect Parcel 28 Owner: BC Real Estate investments, Inc. Warranty Deed Instrument Number 9547336 \2k \2603 \001 \dwgs\par28LSE.dwg 3020 North Post Road Indianapolis, Indiana 48228 -8518 317 -898 -8282 317 899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX PARCEL 28 EXHIBIT '8" Engineering Surveying Landscape Architecture GIS LIS Geology Landscape Easement Land Description Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana being all that part of the owner's land Identified as Parcel 28 lying within the area Identified and shown as "Proposed Landscape Easement" on the attached Route Survey Plot and being further described as follows: Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings Is from Instrument Number 9547336, Office of the Hamilton County Recorder) along the west line thereof a distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along sold centerline a distonce of 600.00 feet to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of which bears North 00 degrees 05 minutes 00 seconds West thence easterly along said curve and along said centerline an arc distance of 400.00 feet to a point bearing South 20 degrees 05 minutes 00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds East along said centerline o distance of 238.51 feet to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of which bears South 20 degrees 05 minutes 00 seconds East; thence easterly along said curve an arc distance of 400.00 feet to a point bearing North 00 degrees 05 minutes 00 seconds West from said radius point; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 1232.33 feet to o point distant South 89 degrees 55 minutes 00 seconds West o distance of 518.52 feet from the intersection of sold centerline with the centerline of Keystone Way, being the grantor's northwest comer, thence South 00 degrees 05 minutes 00 seconds East along the grantors west line o distance of 48.00 feet to the Point of Beginning; thence North 89 degrees 55 minutes 00 seconds East a distance of 14.57 feet; thence South 00 degrees 05 minutes 00 seconds East o distance of 3.30 feet; thence South 89 degrees 55 minutes 00 seconds West a distance of 14.57 feet to the grantor's west line; thence North 00 degrees 05 minutes 00 seconds West along grantor's west line a distance 3.30 feet to the Point of Beginning. Containing 48 square feet. TSC #2603.001 Sheet of 3 THE 60 SCHNEIDER L J CORPORATION SURVEYOR'S REPORT t Reg —ered Land Surveyor #S0389 May 11, 1999 \2k \2603 \001 \dwgs \3OF4SHT.dwg 3020 North Post Road Indianapolis, Indiana 48228 -8518 317 098 -8282 317 899 -8010 FAX 317 895 -2803 RESIDENTIAL SURVEYING FAX In accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code Rule 12 the following observations and opinions are submitted regarding the various 'uncertainties in the locations of the lines and corners established on this route survey as a result of variances In reference monuments and Inconsistencies in lines of occupation. This survey was performed to create Landscape easements along Carmel Drive from Rangeline Road to Keystone Avenue. The basis of bearings used is from the record .descriptions of the tracts along Carmel Drive all of which are on the same system. The coordinate values for all Survey Control Line monuments shown hereon were established initially by Woolpert Consultants on the Indiana State Plane Coordinate System. These coordinates were converted by The Schneider Corporation to a local coordinate system with a basis of bearings based on the record descriptions as noted above. Coordinote values of and distances between control points shown hereon are to the nearest 0.01 feet, not to indicate the precision of the fieldwork, but to allow for mathematical closure. Survey Control Line monuments are referenced hereon by circled numerals that correspond to the monument numbers in this report. Monument 24428 is a 5/8 inch rebar found with yellow cap marked Schneider Engr. Corp.. 0.2 feet above grade on the south side of Carmel Drive. Monument 1322 is a Mag nail found flush with the surface of the sidewalk on the north side of Carmel Drive. Monument 1321 is a 5/8 inch rebar found with a red Woolpert" cap found 0.1 feet below grade on the south side of Carmel Drive. Monument 1325 is a 5/8 inch rebar found 0.1 feet below grade near the southwest corner of Carmel Drive and Keystone Way. These four monuments are considered to be original monuments with no error as related to their use as a port of or references to the survey line. In addition to the 4 Survey Control Line monuments. various points on the centerline of Carmel Drive and on the lead —ins to same are shown with horizontal coordinate values of North and East. These coordinates are directly related to the coordinate values of the Survey Control Line and coordinate values for the various Permanent and Temporary Right of Way lines and corners can be calculated therefrom. In accordance with 865 IAC 1 -12, it is the intent of this Route Survey that the location of all Permanent and Temporary Right of Woy lines and comers shown hereon be controlled by the various Survey Control Line monuments and their associated coordinate values, bearings and distances shown hereon. The various physical features shown on the Route Survey were located by Woolpert Consultants in conjunction with an earner phase of the Carmel Drive project As indicated above, the survey control for the Woolpert work was recovered, confirmed and converted to a local datum for use on this Route Survey. There is evidence from older surveys that the physical monument currently at the southwest comer of the southwest quarter of Section 31 has moved about 1 foot in a north —south direction during the intervening years. The coordinate value shown hereon for that corner Is based on the prior location, not on the current monument. As a result of this movement, it is my opinion that the centerline of Carmel Drive and the prior location of the southwest corner of the section are best established based on -the centerline of Carmel Drive coordinated and depicted on this Route Survey. This centerline is based on railroad spikes in the centerline of Carmel Drive (one at the centerline of Keystone Way and one at the first Point of Curvature west of Keystone Way) which have been In place and utilized to control the centerline for many years. SURVEYOR'S STATEMENT To the best of my knowledge and belief the within plat represents a Route Survey performed in accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code Rule 12 under m supervision and completed on February 25. 1999. Engineering Surveying Landscape Architecture GIS Lis Geology TSC 12603.001 Sheet aof 3 CARMEL DRIVE 0 0 0 0 0 0 0 r� THE SCHNEIDER L. J CORPORATION CARMEL DRIVE 16.4 N 99729605 1 R E 11706.9352 t MONUMENT 1325 REFERENCES (5/8' REBAR) CENTERLINE REFERENCE DATA ROUTE SURVEY CONTROL EXHIBIT t N 10027.0422 E 10005.9308 likfANHOLE MONUMENT 1322 REFERENCES (MAG NAIL) CUT ON CUR \2k \2603 \001 \dwgs \REPTTIES.dwg R.R. SPIKE AT CL INTER. N °8025.3349, E 8425.3496, SECTION 31. SW COR., SW 1/4 N =9777.6741, E =83923395. CL INTERSECTION N =9778.7457, E 8992.3388. CL POC N ■9848.4225, E9384.1658. CL POT N =9930.3232. E =9608.1731, CL POC N =10000.0000, E =10000.0000, CL POT (RR SPIKE FD.) N =100025436. E =11750.8389, CL INTERSECTION (RR. SPIKE FD.) 3020 North Poet Road Indianapolis, Indiana 48228 -6518 317 -898 -8282 317 -899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX C CARMEL DRIVE CDR. BC BR BC MON MENT 24428 REFERENCES (5/8 REBAR W /SEC CAP) u Engineering Surveying Landscape Architecture GIS US Geology ASSUMED WORTH 1 inch 50 ft COR BC COR. BC tat N 9738.6139 E 8891.9168 1ERCIAN MoRT0AGE GROUP LANDMARK RICHARDS MALMO MONUMENT 1321 REFERENCES (5 /8'REBAR W /WOOLPERT CAP) TSC #2603.001 Sheet 3of 3 rill THE SCHNEIDER L J CORPORATION 1232.33' N89'55'00'E 3020 North Post Rood Indianapolis, Indiana 48228 -8518 317 898 -8282' 317 -899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX 143.52' PLAN SCALE 1'= 30' Engineering Surveying Landscape Architecture GIS LIS Geology N89'55'00 "E 14.57' PROPOSED 48' 1/2 _P..O.W LINE 3 b o M o in P 0 0 z 0 L= 400.00' R =1145.92' N89'55'00 "E 600.00' 3 W Nt C a .et (Ni C( SW CORNER z SEC.31- T18N -R4E 3 i• w 0 Of o en 1n u) 0) o CO 0 \2k \2603 \001 \dwgs \par28LSE.dwg V) PROPOSED LANDSCAPE ESMT. (CROSS HATCHED) BOSTON MARKET PARCEL 28 RECORD OWNER BC REAL ESTATE INVESTMENTS, INC. WARRANTY DEED INSTR. I# 9547336 SURVEY UNE MONU. 1322 SURVEY LINE i89'S5'00'E 1750.84' N6 v 1 1232.33' 00" S00'05'00 "E P.O.B. 00 PARCEL 28 LS.E 400.00' SURVEY SURVEY UNE MONU, 1321 R =1145.92' SURVEY UNE SURVEY UNE MONU. 24428 NOTE SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY UNE COORDINATES. PARCEL 28 EXHIBIT B" Q TSC #2603.001 Sheet 1 of rt: THE kip SCHNEIDER L J CORPORATION Eost Carmel Drive Project Parcel 28 PARCEL 28 EXHIBIT "C" Owner: BC Reol Estate Investments, Inc. Warranty Deed Instrument Number 9547336 Temporary Construction Easement Land Description 3020 North Post Road Indianapolis, Indiana 48228 -8518 317 -898 -8282 317 -899 -6010 FAX 317 895 -2803 RESIDENTIAL SURVEYING FAX Engineering Surveying Landscape Architecture GIS LIS Geology Port of the South Half of Section 31 Township 18 North, Range 4 Eost of the Second Principal Meridian in Hamilton County, Indiana being all that part of the owner's land identified as Parcel 28 lying within the area identified and shown as "Proposed Temporary Construction Easement" on the attached Route Survey Plot and being further described as follows: Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is from Instrument Number 9547336. Office of the Hamilton County Recorder) along the west line thereof 0 distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 600.00 feet to the point of curvature of a curve having 0 radius of 1145.92 feet, the radius point of which bears North 00 degrees 05 minutes 00 seconds West thence easterly along said curve and along said centerline on arc distance of 400.00 feet to 0 point bearing South 20 degrees 05 minutes 00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds Eost along said centerline o distance of 238.51 feet to the to the point of curvature of a curve having a radius of 1145.92 feet. the radius point of which bears South 20 degrees 05 minutes 00• seconds Eost; thence easterly.along said curve an arc distance of 400.00 feet to a point bearing North 00 degrees 05 minutes 00 seconds West from said radius point; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 1232.33 feet to a point distant South 89 degrees 55 minutes 00 seconds West a distance of 518.52 feet from the intersection of said centerline with the centerline of Keystone Way, thence South 00 degrees 05 minutes 00 seconds Eost along the grantor's west line o distance of 48.00 feet to the Point of Beginning; thence North 89 degrees 55 minutes 00 seconds East along said south line a distance of 50.17 feet; thence South 13 degrees 41 minutes 18 seconds West o distance of 0.51'feet; thence South 15 degrees 54 minutes 41 seconds West a distance of 5.43 feet; thence South 89 degrees 45 minutes 16 seconds West o distance of 24.32 feet; thence North 14 degrees 17 minutes 35 seconds West a distance of 2.83 feet; thence North 89 degrees 57 minutes 18 seconds West a distance of 23.54 feet to the grantor's west line; thence North 00 degrees 05 minutes 00 seconds West along said west line o distance of 2.99 feet to the Point of Beginning. Containing 219 square feet. \2k \2603 \001 \dwgs\porcel28. TSC 12503.001 Sheet of 3 r� THE SCHNEIDER L J CORPORATION SURVEYOR'S REPORT In occordonce with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code "Rule 12 the following observations and opinions are submitted regarding the vorious uncertainties in the locutions of the lines and corners established on this route survey as a result of variances in reference monuments and inconsistencies in lines of occupation. This survey was performed to create additional permanent right of way and Temporary right of way along Carmel Drive from Rongeline Rood to Keystone Avenue. The basis of bearings used is from the record descriptions of the tracts along Carmel Drive all of which are on the some system. The coordinate values for all Survey Control Line monuments shown hereon were established initially by Woolpert Consultants on the Indiana State Plane Coordinate System. These coordinates were converted by The Schneider Corporation to a local coordinate system with a basis of bearings based on the record descriptions as noted above. Coordinate volues of and distances between control points shown hereon are to the nearest 0.01 feet, not to indicate the precision of the fieldwork. but to allow for mathematical closure. Survey Control Line monuments are referenced hereon by circled numerals that correspond to the monument numbers in this report. Monument 24428 is a 5/8 inch rebar found with yellow cop marked "Schneider Engr. Corp." 0.2 feet above grade on the south side of Carmel Drive. Monument 1322 is a Wig nail found flush with the surface of the sidewalk on the north side of Cormel Drive. Monument 1321 is o 5/8 inch rebar found with a red "Woolpert" cop found 0.1 feet below grade on the south side of Carmel Drive. Monument 1325 is o 5/8 inch rebar found 0.1 feet below grade near the southwest corner of Carmel Drive and Keystone Way. These four monuments ore considered to be original monuments with no error as related to their use as a part of or references to the survey line. In addition to the 4 Survey Control Line monuments, various points on the centerline of Carmel Drive and on the lead -ins to same ore shown with horizontal coordinate values of North and East. These coordinates ore directly related to the coordinate values of the Survey Control Line and coordinate values for the various Permanent and Temporary' Right of Way lines and corners con be calculoted therefrom. In accordance with 865 IAC 1 -12, it is the intent of this Route Survey that the location of all Permanent and Temporary Right of Woy lines and corners shown hereon be controlled by the various Survey Control Line monuments and their associated coordinate values, bearings and distances shown hereon. The vorious physical features shown on the Route Survey were located by Woolpert Consultants in conjunction with on earlier phase of the Carmel Drive project. As indicated above. the survey control for the Woolpert work was recovered, confirmed and converted to a local datum for use on this Route Survey. There is evidence from older surveys that the physical monument currently ot the southwest corner of the southwest quarter of Section 31 hos moved about 1 foot in a north -south direction during the intervening years. The coordinate value shown hereon for that corner is bosed on the prior location, not on the current monument. As o result of this movement. it is my opinion that the centerline of Carmel Drive and the prior location of the southwest corner of the section ore best established based on the centerline of Carmel Drive coordinated and depicted on this Route Survey. This centerline is based on railroad spikes in the centerline of Carmel Drive (one at the centerline of Keystone Way and one ot the first Point of Curvature west of Keystone Way) which have been in place and utilized to control the centerline for many years. SURVEYOR'S STATEMENT. To the best of my knowledge and belief the within plat represents o Route Survey performed in accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code "Rule 12 under my supervision and completed on February 25. 1999. Gary\ Registered Land Surveyor fS0389 March 9, 1999 \2k \2603 \001 \dwgs \30F4SHT.dwg 3020 North Post Road Indianapolis. Indiana 48228 -8518 317 898 -8282 317- 899 -8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX (t No. c S0389 S TATE aF N DIA N P Engineering Surveying Landscape Architecture GIS US Geology TSC }2603.001 Sheet?. of 3 0 ri THE 4 SCHNEIDER L. J CORPORATION N 10027.0422 E 10005.9308 A61.. 0 MONUMENT 1322 REFERENCES (MAC NAIL) 'O, 0 c 0 1- V) CARMEL DRIVE N 9972.9605 E 11706.9352 CUT 'X' 16 4' MONUMENT 1325 REFERENCES (5/8 REBAR) CENTERLINE REFERENCE DATA ON CURB 14.8025.3349. E=8425.3496. SECTION 31, SW COR.. SW 1/4 N=9777.8741, E.8392.3395„ CL INTERSECTION 14=9778.7457, £=8992.3388; CL POC N=9848.4225. E=9384.1658. CL POT E N.9930.3232. E=9608.1731. 01 POC 14=10000.0000. E=10000.0000 CI. POT (R.R. SPIKE FD.) N=10002.5436, E=11750.8389. CI. INTERSECTION (R.R. SPIKE FD.) \2k\2603 \001 \dwgs \REPTT1ES.dwg CARMEL DRIVE c MANHOLE R.R. SPIKE AT a IN TER. 3020 North Post Road Indianapolis. Indiana 48228-8518 317-898-8282 317-800-8010 FAX 317-895-2803 RESIDENTIAL SURVEYING FAX ROUTE SURVEY CONTROL EXHIBIT 17.4 1 EIR BC COO.. BC Engineering Surveying Landscape Architecture GIS LIS Geology so 25 50 6 e. ASSUMED NORTH 1 inch 50 ft _:2 1 I IP. •■••••••••17..p.•14niiirml•••■••■■•="o-ilat,■■• Z 17 CARMEL DRIVE MONUMENT T 24428 REFERENCES (5/8 REBAR W/SEC CAP) C0R. BC N 9738.6139 E 8891.9166 MERIDIAN MORTGAGE GROUP 14 9781.7339 E 9266.1447 4 6 t% i1 COR. BC LANDMARK CHARS BUDDING MONUMENT 1321 REFERENCES (5/8 W/WOOLPERT CAP) COR. TSC 12603.001 Sheet 3 of 3 CC 0 0 w cc w 0 z r i THE 6 SCHNEIDER L J CORPORATION 1232.33' 0 00 to o o 0a 0 tn ;v E L=400.00' N R= 1145.92' A N625g5% L N89'55'00 'E z 0 600.00' SEC.31- 1 —R4E 3020 North Post Road Indianapolis, Indiana 48228 -8518 317 -898 -8282 317 899 8010 FAX 317 -895 -2803 RESIDENTIAL SURVEYING FAX J N89'55'OO "E 143.52' CARMEL DRIVE PARCEL 28 RECORD OWNER BC REAL ESTATE INVESTMENTS, INC. WARRANTY DEED INSTR 9547336 PARCEL 28 EXHIBIT \2k \2603 \001 \dwgs\porcel28.dwg SURVEY LINE MONU. 1322 PLAN SCALE r= 30' P.O.B. TEMP. ESMT. PARCEL 28 N89'S5'00 E 50.17' PROPOSED 48' 1/2 RA:W'L1NE S13'4118 W 0.51' ice` i S15'54'41 "W 5.43' 24.32' S89 W PROPOSED TEMPORARY CONSTRUCTION EASEMENT (CROSS HATCHED) i BOSTON MARKET Engineering Surveying Landscape Architecture GIS US Geology SURVEY LINE N89 55'00 "E 1750.84' 1232.33' S00 05'00 "E 48.00' P.O.B. PARCEL 28 ESMT. L=400.00' Z L SURVEY UNE MONU. 1321 R= 1145.92' -u-);r) W Q SURVEY LINE CEO SURVEY LINE MONU. 24428 r Q Z SW CORNER NOTE SEE ROUTE SURVEY CONTROL TIES EXHIBIT FOR CENTERLINE AND SURVEY LINE COORDINATES. TSC /2603.001 Sheet 1 of