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Cherry Tree - Davis Homes LLCqS s 3 0 GRANT AND DEDICATION OF RIGHT -OF -WAY 95SEP25 P1112: In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Jerry R. Myers, Robert E. Myers and The Robert and Glenda Myers Charitable Remainder Unitrust, with a mailing address of 110 Lakeview Drive, Noblesville, Indiana 46060 for themselves, their grantees, successors and assigns (collectively, "Grantor being the owner of the real estate described on Exhibit "A" attached hereto and made a part hereof (collectively, the "Easement Area hereby grants and conveys unto Davis Homes, LLC, an Indiana limited liability company, its grantees, successors and assigns (collectively, "Davis and hereby grants, conveys and dedicates to the city of Carmel, Indiana, its grantees, successors and assigns (collectively, the "City an easement and public right of -way in, under, across, along, over, through and upon the Easement Area, with the right, privilege and authority in Davis and the City (collectively, "Grantee to enter upon the Easement Area to dig, lay, erect, construct, install, reconstruct, renew, operate, maintain, patrol, replace, and continue a roadway and utilities within the Easement Area. Such easement is granted in common with all others having like right, at all times hereafter, for the benefit, enjoyment and use of Grantee, upon and subject to the following matters: 1. Title. Grantor took title to the Easement Area by deed recorded in the Office of the Recorder of Hamilton County, Indiana as Instrument No. 93- 05318. 2. Use of and Damage to Easement Area. Davis hereby agrees to indemnify, defend and hold harmless Grantor from and against any and all demands, claims, causes of action, fines, penalties, damages, losses, liabilities, judgments and expenses, including, without limitation, reasonable attorney fees and court costs incurred, and any and all damages occasioned upon the Easement Area or other property in or about the Easement Area arising from or in connection with any activity, work or thing done by Davis, its agents or employees in or about the Easement Area, or resulting from any accident, injury, loss or damage whatsoever occurring to any person or to the property of any person arising out of or resulting from the entry, use or other activities performed, authorized or permitted by Davis, including, without limitation, any damage caused by Davis' or its agents' or employees' construction activities. 3. Benefitted Property. The Easement granted hereby is for the benefit of that certain Real Estate conveyed by Grantor to Davis by Deed executed and recorded on even date herewith, as more particularly described on Exhibit "B" attached hereto and made a part hereof, and after acceptance hereof by the City, the public. 4. Notices. All notices, demands, statements, and requests required or permitted to be given under this easement to Davis or Grantor must be in writing and shall be deemed to have been properly given or served as of the following date: (i) on the date of personal service upon the person to whom the notice is addressed or, if such person is not available, the date such notice is left at the address of the person to whom it is directed, (ii) on the date three (3) days after the date the notice is postmarked by the United States Post Office, provided that the notice is sent prepaid, registered or certified mail, return receipt requested, and (iii) on the date the notice is delivered by a nationally recognized courier service (including Federal Express, Express Mail, Emery, Purolator, or similar operation) to the address of the person to whom it is directed, provided it is sent prepaid. The address of Davis and Grantor is as first set forth above. Each such party shall have the right from time to time and at any time, upon at least ten (10) days prior written notice thereof in accordance with the provisions hereof, to change its respective address and to specify any other address within the United States of America; provided, however, that notwithstanding anything herein contained to the contrary, in order for the notice of address change to be effective it must be actually delivered. Refusal to accept delivery of a notice or the inability to deliver a notice because of an address change which was not properly communicated shall not defeat or delay the giving of a notice. 5. Counterparts. This easement may be executed in several counterparts, each of which shall be deemed an original, and when attached to this easement, shall constitute one complete document. 6. Binding Effect. The terms of this easement shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the signatories hereto and their respective grantees, successors and assigns. DAVIS HOMES, LLC, an Indiana limited liability company, by its sole manager DAVIS HOLDING CORPORATION, an Indiana corporation Jerry R. Myers Robert E. Myers 2 C. Richard Davis, Vice President "Grantee the United States Post Office, provided that the notice is sent prepaid, registered or certified mail, return receipt requested, and (iii) on the date the notice is delivered by a nationally recognized courier service (including Federal Express, Express Mail, Emery, Purolator, or similar operation) to the address of the person to whom it is directed, provided it is sent prepaid. The address of Davis and Grantor is as first set forth above. Each such party shall have the right from time to time and at any time, upon at least ten (10) days prior written notice thereof in accordance with the provisions hereof, to change its respective address and to specify any other address within the United States of America; provided, however, that notwithstanding anything herein contained to the contrary, in order for the notice of address change to be effective it must be actually delivered. Refusal to accept delivery of a notice or the inability to deliver a notice because of an address change which was not properly communicated shall not defeat or delay the giving of a notice. 5. Counterparts. This easement may be executed in several counterparts, each of which shall be deemed an original, and when attached to this easement, shall constitute one complete document. G. Binding Effect. The terms of this easement shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the signatories hereto and their respective grantees, successors and assigns. DAVIS HOMES, LLC, an Indiana limited liability company, by its sole manager DAVIS HOLDING CORPORATION, an Indiana corporation By: C. Richard Davis, Vice President "Grantee Jerry R. Myers er Robert E. Myers 2 STATE OF INDIANA SS: COUNTY OF Wp,,/ The Robert and Glenda Myers Charitable Remainder Unitrust t By: /v�6�Z17�� C: Robert E. Myers, C• rustee By: 'c���S,...Q Glenda S. Myers, Co -Tru By: M.W. Ranshaw, Co- Trustee "Grantor Before me, a Notary Public in and for said County and State, personally appeared C. Richard Davis, the Vice President of Davis Holding Corporation, who being first duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of said corporation. WITNESS my hand and seal this /y day of July, 1995. Notary Public r T' Jlic�7' Printed Signature My Commission Expires: My County of Residence: y lr l S A/ 4,o. 7-44/ 3 tee e .i a •AA. Ant STATE OF INDIANA SS: COUNTY OF My Commission Expires: My County of Residence: The Robert and Glenda Myers Charitable Remainder Unitrust By: By: Robert E. Myers, Co- Trustee Glenda S. Myers, Co- Trustee By: 711 LU Q-4/0/1a/.4/ X14... cO M.W. Ranshaw, Co- Trustee "Grantor Before me, a Notary Public in and for said County and State, personally appeared C. Richard Davis, the Vice President of Davis Holding Corporation, who being first duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of said corporation. WITNESS my hand and seal this day of July, 1995. Notary Public Printed Signature 3 My Commission Expires: 4 STATE OF I fid ra n/T GG JN-Pt OF L 4 STATE OF INDIANA SS: COUNTY OF /-/i' /v h ron) Before me, a Notary Public in and for said County and State, personally appeared Jerry R. Myers, individually, and as Co- Trustee of The Robert and Glenda Myers Charitable Remainder Unitrust, who being first duly sworn, acknowledged the execution of the foregoing instrument for himself and on behalf of said trust. WITNESS my hand and seal this 7 day of July, 1995. Notary Public ieG( v/ SS: Printed Signature My County of Residence: Before me, a Notary Public in and for said County and State, personally appeared Robert E. Myers, individually, and as Co- Trustee of The Robert and Glenda Myers Charitable Remainder Unitrust, who being first duly sworn, acknowledged the execution of the foregoing instrument for himself and on behalf of said trust. WITNESS my hand and seal this /f /kday of July, 1995. My om m ission Expires: C fr No ary P ublic /I J A n Printed Signature ru I My 6ety of Residence: 6- r'aNd 4 My Com ission Expires: c 'e a A/. STATE OF A SS: Cetfid TY OF Cr/1 Before me, a Notary Public in and for said County and State, personally appeared Glenda S. Myers, as Co- Trustee of The Robert and Glenda Myers Charitable Remainder Unitrust, who being first duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of said trust. WITNESS my hand and seal this th of July, 1995. /14 STATE OF INDIANA SS: COUNTY OF Notary Public l c-t 4 /11 N 14) Printed Signature (q rrs� My� au�ty 9f Residence: �oN WITNESS my hand and seal this day of July, 1995. Before me, a Notary Public in and for said County and State, personally appeared M.W. Ranshaw, as Co- Trustee of The Robert and Glenda Myers Charitable Remainder Unitrust, who being first duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of said unitrust. Notary Public Printed Signature My Commission Expires: My County of Residence: 5 q.; STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared Glenda S. Myers, as Co- Trustee of The Robert and Glenda Myers Charitable Remainder Unitrust, who being first duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of said trust. WITNESS my hand and seal this day of July, 1995. My Commission Expires: Notary Public Printed Signature My Commission Expires: My County of Residence: 7�X STATE OF it41315WA SS: COUNTY OF /4/Z1,x Before me, a Notary Public in and for said County and State, personally appeared M.W. Ranshaw, as Co- Trustee of The Robert and Glenda Myers Charitable Remainder Unitrust, who being first duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of said unitrust. WITNESS my hand and seal this /g day of July, 1995. otary Pub!' -L ec Printed y ture My County of Residence: 7L= rmss ,y, Co, 5 ACCEPTANCE WHEREAS, the foregoing Grantor has this date filed with the City of Carmel, Indiana, the above Grant and Dedication of Right -of -Way (the "Dedication and the City of Carmel, Indiana is of the opinion that said Dedication is desirable and necessary; NOW, THEREFORE, the City of Carmel, Indiana, by the Carmel Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, for and on behalf of the City of Carmel, Indiana accepts such Dedication and orders that the same be recorded in the Office of the Recorder of Hamilton County, Indiana. IN WI ESS WHEREOF, the undersigned has executed this Instrument as of the apth day of 1995. wprfs \Davis \rt of way cl ecl CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: Printed Name: �c,ck By: (e- 1 By: 6 Printed Name: 9,:kc.\,4_ Printed Name: Q vo This instrument prepared by and return recorded instrument to Ronald F. Shady, Jr., Attorney at Law, Lowe Gray Steele Hoffman, Bank One Tower, 111 Monument Circle, Suite 4600, Indianapolis, Indiana 46204 -5146 (317) 236 -8020. EXHIBIT "A LAND DESCRIP11ON PROPOSED RCN Part of the Northeast Quarter and the Northwest Quarter of Section 28 of Township 18 North, Range 4 East, located in Clay Township, Hamilton County, Indiana, described as follows Commencing at the Southeast corner of the Northeast Quarter of said Section 28; thence North 89 degrees 35 minutes 24 seconds West along the south line thereof a distance of 579.48 feet to a ralroad space at the POINT OF BEGINNING; thence continuing North 89 degrees 35 minutes 24 seconds West along said south line a distance of 2086.15 feet to a brass plug marking the Southwest corner of said Northeast Quarter, thence North 89 degrees 49 minutes 14 seconds West along the south line of said Northwest Quarter a distance of 483.80 feet; thence North 00 degrees 25 minutes 46 seconds East a distance of 50.00 feet thence South 89 degrees 49 minutes 14 seconds East parallel with said south line a distance of 424.95 feet; thence North 44 degrees 04 minutes 46 seconds East a distance of 25.00 feet; thence North 00 degrees 54 minutes 38 seconds West parallel with the centerline of Cherry Tree Avenue a distance of 223.68 feet thence North 43 degrees 49 minutes 53 seconds East parallel with said centerline of Cherry Tree Avenue a distance of 1388.43 feet; thence South 28 degrees 05 minutes 59 seconds East a distance of 4Z07 feet to a railroad space at the centerline of Cherry Tree Avenue; thence North 43 degrees 49 minutes 53 seconds East along said centerline of Cherry Tree Avenue a distance of 845.36 feet; thence South 89 degrees 39 minutes 16 seconds East a distance of 55.13 feet; thence South 43 degrees 49 minutes 53 seconds West parallel with said centerline of Cherry Tree Avenue a distance of 2115.53 feet to a point of curvature of a curve having a radius of 200.00 feet, the radius point of which bears South 46 degrees 10 minutes 07 seconds East; thence southwesterly along said curve an arc distance of 156.18 feet to a point which bears South 89 degrees 05 minutes 22 seconds West from said radius point; thence South 00 degrees 54 minutes 38 seconds East parallel with said centerline of Cherry Tree Avenue a distance of 131.09 feet; thence South 44 degrees 35 minutes 24 seconds East a distance of 25.00 feet; thence South 89 degrees 35 minutes 24 seconds East a distance of 2009.96 feet thence South 00 degrees 20 minutes 43 seconds West parallel with the east line of said Northeast Quarter a distance of 50.00 feet to the POINT OF EEGINNING. Containing 6.789 acres, more or Tess. i 1 EXHIBIT 6 LAND DESCRIPTION PARCEL 1 Part of the Northeast Quarter of Section 28 of Township 18 North, Range 4 East, located in Clay Township, Hamaton County, Indiana, described as follows: Commencing at the northwest corner of said Northeast Quarter; thence South 89 degrees 31 minutes 11 seconds East along the north line of said Northeast Quarter a distance of 81.25 feet to the POINT CF BEGINNING, thence continuing South 89 degrees 31 minutes 11 seconds East along said north Tine a distance of 2153.47 feet to the centerline of Cherry Tree Avenue; thence South 43 degrees 49 minutes 53 seconds West long said centerline a distance of 1089.07 feet to a roaroad space at the Northeast corner of a parcel of land described in a deed to Marian K. Myers recorded as Instrument Number 90 -05114 in the Office of the Recorder of Hamilton Canty, thence North 83 degrees 04 minutes 46 seconds West a distance of 550.00 feet thence South 00 degrees 10 minutes 45 seconds East a distance of 150.00 feet; thence South 44 degrees 40 minutes 13 seconds West a distance of 70.90 feet thence South 89 degrees 31 minutes 11 seconds West parallel with said north quarter line a distance of 10(100 feet thence South 33 degrees 54 minutes 44 seconds West a distance of 130.59 feet: thence North 37 degrees 13 minutes 32 seconds \Vest a distance of 416.05 feet thence North 27 degrees 55 minutes 06 seconds West a distance of 810.04 feet to the POINT OF BEGINNING. Containing 29.385 acres, more or less.