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Keystone Square Mall Drainage/Storm Water - Wilfong, RalphThis Indenture Witnesseth: That Keystone Square Company by its partner Ralph L. Wilfong hereinafter called "Grantor for and in consideration of the sum of Ten Dollar ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, do hereby Grant Quit Claim and Convey unto the City of Carmel, Indiana its successors and assigns hereinafter called "grantee" an easement for the construction, maintenance and repair of a storm water retention pond and associated drainage facilities, and appurtenances with the granted right to operate the same on, along, in, upon or across the following described real estate in Hamilton County, Clay Township, Indiana, to -wit: Part of the Southeast Quarter of Section 31, Townshipti8 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the said Quarter Section; thence South 89 48'10" West along the North line of said Quarter Section 756.86 feet to the Northwest corner of Woodland Springs, 8th Section, the plat of which is recorded in Plat Book 3, pages 125 through 128 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 09'05" East along the West line of the said Woodland Springs 2178.27 feet to a point 480 feet Northerly from the South line of the said Quarter Section; thence North 42 °39'05" West 406.85 feet to the PLACE OF BEGINNING; thence North 47 °20'55" East 170.00 feet; thence North 57 °07'53" West 288.35 feet; thence North 87 19' West 252.00 feet to the Easterly line of Keystone Avenue; thence South 02 °50'West along the said Easterly line of Keystone Avenue 55.00 feet; thence South 87 °19'East 168.52 feet; thence South 42 °39'05" East 300.00 feet to the PLACE OF BEGINNING, containing 1.147 acres, more or less. Subject to all highways, rights of way and easements. A map of this easement is attached with described area marked Tract 3 and entire map marked as Exhibit A, and description marked as Exhibit B. The easement herein granted shall be permanent and shall burden the Real Estate. Grantee agrees to protect and hold Grantors harmless from any cost, expense, or liability for any injury to the person or property of grantors, their agents, employees, invitees, guests and licensees, resulting from this construction or maintenance of the drainage and retention facilities. Grantor expressly reserves unto itself, its successors and assigns, all right, title and interest in and to the Real Estate not specifically granted to Grantee herein, and Grantee by its acceptance of this Grant of Easement acknowledges and agrees to such reservation. IN WITNESS WHEREOF: Keystone Square Company by its Partner Ralph L. Wilfong as Grantor, has caused this easement to be executed and delivered to the City of Carmel, Indiana this 19th day of July, 1979. Grantor: KEYSTON QUARE COMPANY By 91(: STATE OF INDIANA SS: COUNTY OF HAMILTON Before, Patricia E. Neff, a Notary Public in and for said county and state, personally appeared Ralph L. Wilfong who acknowledged the execution of the foregoing Utility Easement to the City of Carmel, Indiana to be their voluntary act and deed. WITNESS their hands and seals this 19th day of J My commission expires 7/31/80. This instrument prepared by Ralph L. Wilfong. DRAINAGE AND STORM WATER RETENTION EASEMENT 1979. Patricia E. Neff, 'Notary Public Resident of Marion County ,st Road Ind:an2'4622'6 Add!ess 26068 L �t SCHNEIDER ENGINEERLNG CORPORATION Civil Enzineers Land Surveyors B Sc° 43 1 /0" t r fro (5. G52 y) e 3 47 r .cx)! X C 8 Sol-g+ (JaE ..S -K3 N 67 lco'W S Li, J r tC/ S89 f l co "uJ 7.7-- co 8 0 I' T1-1 J taw G a p 2.46,0y ,gib 7 z7. r 1.1) 1 Vincent J. Schneider, PE LS, President John V. Schneider PE LS, V.Y. Cc2 /3 -4 P -Tv /1 00 OS .ate' ,Eoc' 4) i� r l Li; Post Road „�dianapulis, Indiana 46226 (317) 898 -8282 Mailing Address P. 0. Box 26068 SCHNEIDER ENGINEERING CORPORATION Civil Engineers Land Surveyors LEGAL DESCRIPTION TRACT THREE Vincent J. Schneider, PE LS, President John V. Schneider PE LS, V.P. W.O. #18568 Page #4 of 4 Part of the Southeast Quarter of Section 31, Township 18 North, Range 4 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the said Quarter Section; thence South 89 degrees 48 minutes 10 seconds West along the North line of said Quarter Section 756.86 feet to the Northwest corner of Woodland Springs, 8th Section, the plat of which is recorded in Plat Book 3, pages 125 through 128 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees 09 minutes 05 seconds East along the West line of the said Woodland Springs 2178.27 feet to a point 480 feet Northerly from the South line of the said Quarter Section; thence North 42 degrees 39 minutes 05 seconds West 406.85 feet to the PLACE OF BEGINNING; thence North 47 degrees 20 minutes 55 seconds East 170.00 feet; thence North 57 degrees 07 minutes 53 seconds West 288.35 feet; thence North 87 degrees 19 minutes West 252.00 feet to the Easterly line of Keystone Avenue; thence South 02 degrees .50 minutes West along the said Easterly line of Keystone Avenue 55. feet; thence South 87 degrees 19 minutes East 168.52 feet; thence South 42 degrees 39 minutes 05 seconds East 300.00 feet to the PLACE OF BEGINNING, containing 1.147 acres, more less. Subject, however, to highways, rights of way and easements, if any. EXHIBIT B 4/13/79 ACKNOWLEDGEMENT OF DEDICATION AND ACCEPTANCE WHEREAS, the Keystone Square Shopping Center area has been substantially developed as one of the City of Carmel's prime commercial areas; WHEREAS, th`@ original developer, Keystone Square Company and Ralph L. Wilfong, has constructed certain streets and roadways within said area and has hereto offered and does no offer to WHEREAS, the said streets and roadways have been accepted by the general public by entering on the same and using the same for the purposes for which the off -r of dedication was made; NOW, THEREFORE, the City o Carmel does hereby acknowledge the dedication of said streets and road ays and the foregoing use by the public of the streets and roadw s within the Keystone Square Shopping Center area as described /in hibit A attached hereto and made a part hereof, and does herby confirm the acceptance of such dedication, conditioned upon the agreemen and undertaking by Ralph L. Wilfong to curb Medical Drive East and Wes as described in said Exhibit A and to finish surfacing said street and road- ways by applying to finish top coat of asphalt to all the streets and roadways as set out in Exhibit A. dedicate the same for public use; and EXECUTED this day f of August, 1979. City of Carmel Through Its Board of Public Works 1 a By a//./ R 1 h Wilfong p L g