Merchants Pointe Plyon Sign Easement APPROVED„ J TO
FOR-
2009061114 EASEMENTS $37.00
10/21/2009 09:45:54A 13 PGS
9 0 /37
Jennifer J Hayden
47\...9` HAMILTON County Recorder IN
Recorded as Presented
GRANT OF PYLON SIGN EASEMENT
THIS GRANT OF PYLON SIGN EASEMENT "Easement is made as of the day
of QCfob-e/ 2009, by the CITY OF CARMEL, a properly incorporated political subdivision of
the State of Indiana, located in Carmel, Indiana, with offices at 1 Civic Square, Carmel, Indiana, 46032
"Grantor to and for the benefit of MERCHANTS 450 LLC, a Delaware limited liability company,
with offices at 31500 Northwestern Highway, Suite 300, Farmington Hills, Michigan 48334
"Grantee
RECITALS:
A. Grantee is the owner of certain real property which includes a shopping center commonly
known as "Merchants Square Shopping Center" (the "Center located in the City of Carmel, Hamilton
County, Indiana, which Center is more particularly described on Exhibit A attached hereto and made a
part hereof.
B. Grantee is /was the owner of a pylon sign with an electronic reader board located at the
northwest corner of 116th Street and Keystone Parkway in Carmel, Indiana (the "Existing Sign which
Existing Sign provided advertising for and other benefits to the Center. The Existing Sign was benefited
by that certain Easement dated on or around February 28, 1974, and recorded at Book 272, Page 369 of
the Public Records of Hamilton County, Indiana (the "Existing Easement
C. Grantor is undertaking a road improvement project, the purpose of which is to improve
Keystone Parkway, 116th Street and Carmel Drive (the "Improvement Project and the Existing Sign
and the Existing Easement are affected by the Improvement Project.
D. Grantor informed Grantee that, in order to complete the Improvement Project, it was
necessary for Grantor to, and Grantor did/does in fact intend to, acquire fee simple title to the area upon
which the Existing Sign is /was located and Grantee's interest in the Existing Easement and the Existing
Sign by eminent domain /condemnation if necessary (such proposed action is referred to herein as the
"Taking
E. To avoid litigation and other undesirable matters associated with the Taking, Grantor
proposed to grant to Grantee a new easement (i.e., this Easement) for a new sign (the "New Sign to be
constructed upon certain land owned by Grantor, if Grantee released its rights in the Existing Easement
and the Existing Sign.
OAKLAND. 1646253.2
F. In order to avoid litigation and other undesirable matters associated with the Taking,
Grantor and Grantee have agreed, among other things, that (i) Grantee shall, on or around the date
hereof, release its rights in the Existing Easement, and (ii) Grantor shall grant this Easement to Grantee
for the New Sign. Grantor and Grantee have acknowledged that Grantee's actions related to the
relocation of the Center's pylon sign shall be deemed to be involuntary actions taken in response to the
lawful threat of Grantor to exercise its police power and power of eminent domain/condemnation to
effectuate the Taking had Grantee not taken such actions.
NOW THEREFORE, in consideration of One Dollar ($1.00), Grantor, owner of that certain
parcel of property located in Carmel, Hamilton County, Illinois, as further described on Exhibit B (the
"Grantor's Parcel hereby grants to Grantee, its successors and assigns, for their benefit and the
benefit of the Center, the perpetual and exclusive right and easement for the construction,
reconstruction, replacement, operation, maintenance, use and repair of a pylon sign "Pylon Sign in
the area located on the Grantor's Parcel and described and depicted on Exhibit C as "Sign Area" (the
"Sign Area and the erection, display, use, maintenance, repair, and replacement of identification sign
panels and an electronic reader board on the Pylon Sign; together with a non exclusive easement over
and across those portions of the Grantor's Parcel and Grantor's other contiguous property which are
reasonably necessary for the performance of such construction, reconstruction, replacement, operation,
use, maintenance and repair of the Pylon Sign, identification sign panels and electronic reader board
thereon; together with a non exclusive easement on, under, over and across the Grantor's Parcel and
Grantor's other contiguous property for the installation, connection, relocation and servicing of power
(including without limit power lines) to the Pylon Sign, the electronic reader board and any related
lighting or landscaping equipment; and Grantor covenants and agrees that it shall not do anything or
permit anything to be done, whether on Grantor's Parcel, Grantor's other contiguous property or
otherwise, that would any manner impair the visibility of the Pylon Sign.
Grantee shall be responsible for the installation and maintenance of the Pylon Sign, including
electrical hookup. All such installation and maintenance shall be at Grantee's sole cost. Grantee agrees
to keep the sign and electrical hookup in good repair at all times during which the Pylon Sign is located
on Grantor's Parcel. Grantee further agrees to restore Grantor's Parcel and the Sign Area upon
completion of such installation and maintenance, at its sole cost, to the same condition which existed
prior to the commencement of such work; provided, however, Grantee may install lighting, landscaping
and related facilities and equipment within the Sign Area and surrounding areas.
Grantor represents and warrants unto Grantee that Grantor owns good and marketable title to the
Grantor's Parcel (and the Sign Area), in fee simple, free and clear of any encumbrances and /or
restrictions. Grantor represents and warrants unto Grantee that (i) Grantor has the requisite power and
authority to grant this Easement and perform its obligations hereunder, (ii) Grantor's signatory hereto
has the requisite power and authority to bind Grantor, and (iii) Grantor has obtained any consents and/or
approvals necessary to effectuate the foregoing.
Grantor shall indemnify and defend Grantee, and hold Grantee harmless, from and against any
and all costs, claims, damages, liabilities or other causes of action which Grantee may incur or otherwise
suffer as a result of any environmental condition, contamination, clean -up, claim or other liability
associated with Grantor's Parcel, unless caused solely by Grantee.
OAKLAND. 1646253.2 Grant of Pylon Sign Easement
This Easement shall be binding upon Grantor and its successors and assigns and shall inure to the
benefit of Grantee and its respective successors and assigns, and shall run with the land. Nothing herein
shall obligate Grantee to erect the Pylon Sign or continuous keep the Pylon Sign erected on Grantor's
Parcel; provided, however, Grantee shall have the right to do so as provided herein. This Easement shall
not terminate as a result of Grantee's non -use or for any other reason unless Grantee executes a written
instrument terminating or discharging this Easement. Grantee shall have the right to relocate the Pylon
Sign to another location on the Grantor's Parcel subject to Grantor's prior consent, which consent shall
not be unreasonably withheld, conditioned or delayed.
This Easement shall be governed and construed in accordance with the laws of the State of
Indiana. If any provision of this Easement or the application thereof to any person or circumstance
shall, to any extent be invalid or unenforceable, the remainder of this Easement shall not be affected
thereby and each provision of this Easement shall be valid and enforceable to the fullest extent permitted
by law. The Recitals set forth above are true and accurate and are made a part hereof Each Exhibit
attached hereto is hereby incorporated herein by this reference and made a part hereof
[Rest of this page intentionally left blank; signature appears on the following page.]
OAKLAND. 1646253.2 Grant of Pylon Sign Easement
IN WITNESS WHEREOF, Grantor executed this Easement as of the day and year first above
written.
CITY OF CARMEL,
a properly incorporated political subdivision of the
irtat State of Indiana, located in Carmel, Indi a
BY: A0u
P ted Name: Name
Its:
Printed e: (r)(2,;' I-114
4414 V P A.1" /A /ern e mAr/ /4N BLit) e.
STATE OF INDIANA
COUNTY OF HAMILTON
The foregoin instrument was acknowledged before me this 7 day of c. b.)er 2009,
by `1°-" 3 G`;' e 73 rd c*� 4 LI' (i C (ii�.�rkS of the City of Carmel, a properly
incorporated political' subdivision of the State of Indiana, located in Carmel, Indiana, on behalf of the
properly incorporated political subdivision of the State of Indiana, located in Carmel, Indiana. He /she
is personally known to me OR produced hs /A as identification.
e_
Notary Public, State of ..✓d?i44//)
Name: C L� r Doi- v'i S
My Commission Expires: h9/d /9
Commission Number: nn
S EZ.41/ 6/1. C ii7
[Seal]
This Instrument Prepared By And
After Recording Return To:
Vincent Kuebler, Esq.
Honigman Miller Schwartz and Cohn LLP
38500 Woodward Avenue, Suite 100
Bloomfield Hills, Michigan 48304 -5048
AFFIRMATION OF SSN REDACTION:
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security Number in this document, unless required by law: Vincent Kuebler, Esq.
OAKLAND. 1646253.2 Grant of Pylon Sign Easement
EXHIBIT A
LEGAL DESCRIPTION OF CENTER
PARCEL A: Part of the South Half of Section 31, Township 18 North, Range 4 East of the Second
Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North, Range 4
East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said
South Half, 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 866.00 feet; thence
North 89 degrees 50 minutes 15 seconds East 41.89 feet to a point on the Westerly line of parcel of real
estate conveyed to Mundy Realty, Inc. by a Warranty Deed recorded as Instrument Number 9709749655
in the Office of the Recorder of Hamilton County, Indiana, said point being also on the Easterly line of a
parcel of real estate designated as right -of -way for "AAA" Way Drive in a conveyance to the City of
Carmel, Indiana, for the use and benefit of its Department of Redevelopment, by a Limited Warranty
Deed recorded as Instrument Number 9809828789 in the Office of the Recorder of Hamilton County,
Indiana; (the following five courses are on the Easterly line of said right -of -way parcel of real estate
described in Instrument Number 9809828789) 1.) thence North 00 degrees 15 minutes 30 seconds West
8.62 feet to the Northwesterly corner of said Mundy real estate, said corner being the PLACE OF
BEGINNING of the within described parcel of real estate; 2.) thence North 00 degrees 15 minutes 30
seconds West 78.30 feet; 3.) thence North 15 degrees 01 minute 43 seconds East 31.38 feet; 4.) thence
North 27 degrees 17 minutes 26 seconds East 235.11 feet to a point on a line that is 35.00 feet East of
and parallel with the East line of real estate conveyed to Hoosier Motor Club, by a Warranty Deed
recorded on pages 519 and 520 of Deed Record 329 in said Recorder's Office; 5.) thence North 00
degrees 09 minutes 45 seconds West on said line 225.88 feet to the Southwesterly corner of a parcel of
real estate designated as "Street B" in said conveyance to the City of Carmel, Indiana, by Instrument
Number 9809828789; (the following nine courses are on the Southerly and Southwesterly perimeter
lines of said "Street B" parcel) 1.) thence North 44 degrees 50 minutes 15 seconds East 21.21 feet; 2.)
thence North 89 degrees 50 minutes 15 seconds East 385.00 feet; 3.) thence South 67 degrees 59
minutes 16 seconds East 38.54 feet; 4.) thence South 45 degrees 48 minutes 47 seconds East 149.23 feet;
5.) thence South 58 degrees 02 minutes 27 seconds East 213.28 feet; 6.) thence South 17 degrees 48
minutes 57 seconds East 48.70 feet; 7.) thence South 56 degrees 04 minutes 13 seconds East 51.47 feet;
8.) thence North 72 degrees 04 minutes 13 seconds East 38.14 feet; 9.) thence South 56 degrees 04
minutes 13 seconds East 128.31 feet to the Southeasterly corner of said "Street B" parcel on the
Southwesterly right -of -way line of a street known locally as Keystone Way East, as said right -of -way
was dedicated to the City of Carmel, Indiana, per a document titled "Acknowledgment of Dedication
and Acceptance" recorded as Instrument Number 3688 on pages 493 through 497 of Miscellaneous
Record 159 in said Recorder's Office, said line being also the Southwesterly line of a parcel of land
described as "Tract A" in a conveyance to the City of Carmel, Indiana, for the use and benefit of its
Department of Redevelopment, per a Limited Warranty Deed recorded as Instrument Number
200100050090 in said Recorder's Office; thence South 34 degrees 00 minutes 28 seconds East on the
Southwesterly line of said "Tract A a distance of 30.83 feet to a point on the Northerly line of real
estate conveyed to MCL, Inc. by a Warranty Deed recorded on pages 213 and 214 of Deed Record 300
in said Recorder's Office; thence South 89 degrees 50 minutes 15 seconds West 189.07 feet to the
Northwesterly corner of said MCL, Inc. real estate; thence South 00 degrees 09 minutes 45 seconds East
Grant of Pylon Sign Easement Exhibit A
OAKLAND. 1646253.2
438.05 feet; thence South 89 degrees 50 minutes 15 seconds West 60.00 feet; thence South 00 degrees
09 minutes 45 seconds East 255.00 feet; thence South 89 degrees 50 minutes 15 seconds West 45.00
feet; thence South 00 degrees 09 minutes 45 seconds East 57.47 feet to the Northeasterly corner of a
parcel of real estate designated as "Street A" in said conveyance to the City of Cannel, Indiana, by
Instrument Number 9809828789; (the following three courses are on the Northerly line of said "Street
B" parcel) 1.) thence South 89 degrees 50 minutes 15 seconds West 73.00 feet; 2.) thence North 89
degrees 36 minutes 53 seconds West 72.00 feet to a point on a line that is the Easterly prolongation of
the South line of the aforesaid real estate conveyed to Mundy Realty Inc. by the aforesaid Warranty
Deed recorded as Instrument Number 9749655; 3.) thence South 89 degrees 44 minutes 30 seconds
West on said line 250.00 feet to the Southeasterly corner of said real estate; (the following ten courses
are on the Easterly and Northerly lines of said "Mundy" real estate) 1.) thence North 00 degrees 15
minutes 30 seconds West 532.37 feet; 2.) thence South 89 degrees 44 minutes 30 seconds West 54.90
feet; 3.) thence North 00 degrees 15 minutes 30 seconds West 13.93 feet; 4.) thence South 89 degrees 44
minutes 30 seconds West 157.25 feet; 5.) thence North 00 degrees 15 minutes 30 seconds West 32.00
feet; 6.) thence South 89 degrees 44 minutes 30 seconds West 68.00 feet; 7.) thence North 00 degrees 15
minutes 30 seconds West 74.19 feet; 8.) thence South 89 degrees 44 minutes 30 seconds West 56.00
feet; 9.) thence South 00 degrees 15 minutes 30 seconds East 66.19 feet; 10.) thence South 89 degrees
44 minutes 30 seconds West 61.00 feet to the place of beginning at the Northwesterly corner of said
Mundy real estate, containing 15.888 acres, more or less.
ALSO, PARCEL B: Part of the South Half of Section 31, Township 18 North, Range 4 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North, Range 4
East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said
South Half, 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 45.00 feet to the
Northerly line of a parcel of real estate conveyed to the City of Carmel, Indiana, for the use and benefit
of its Department of Redevelopment, by a Limited Warranty Deed recorded as Instrument Number
9809828789 in the Office of the Recorder of Hamilton County, Indiana; thence North 89 degrees 50
minutes 15 seconds East on the Northerly line of said real estate 165.34 feet to the Southeasterly corner
of real estate conveyed to the City of Carmel Indiana, for the use and benefit of its Department of
Redevelopment, by a Limited Warranty Deed recorded as Instrument Number 200200053381 in said
Recorder's Office, said corner being the PLACE OF BEGINNING of the within described parcel of real
estate; thence continuing North 89 degrees 50 minutes 15 seconds East on the Northerly line of said real
estate 469.68 feet to its intersection with the Northerly right -of -way line of 116 Street; thence North 89
degrees 01 minute 00 seconds East on said right -of -way line 200.00 feet to a point on the Westerly line
of real estate described in a Warranty Deed recorded as Instrument Number 9331038 in said Recorder's
Office; thence North 00 degrees 09 minutes 45 seconds West on the Westerly line of said real estate
199.63 feet to the Southeasterly corner of a parcel of real estate as conveyed to the City of Carmel,
Indiana, for the use and benefit of its Department of Redevelopment, per the aforesaid Limited Warranty
Deed recorded as Instrument Number 9809828789; thence South 89 degrees 50 minutes 15 seconds
West on the Southerly line of said real estate 592.00 feet; thence South 00 degrees 09 minutes 45
seconds East on a line of said real estate 6.75 feet; thence South 89 degrees 50 minutes 15 seconds West
on the Southerly line of said real estate 170.00 feet; thence South 43 degrees 13 minutes 53 seconds
West on the Southerly line of said real estate 18.92 feet to the Southwesterly corner of said parcel of real
OAKLAND. 1646253.2 Grant of Pylon Sign Easement Exhibit A
estate, said corner being on the Easterly line of a parcel of real estate as conveyed to the City of Carmel,
Indiana, for the use and benefit of its Department of Redevelopment, per the aforesaid Limited Warranty
Deed; thence South 00 degrees 09 minutes 45 seconds East on the Easterly line of said real estate 160.00
feet; thence South 45 degrees 09 minutes 45 seconds East on said Easterly line 10.25 feet to the
Northwesterly corner of said real estate conveyed to the City of Carmel, Indiana by said Instrument
Number 200200053381; thence South 81 degrees 36 minutes 39 seconds East on the Northerly line of
said real estate 99.20 feet to the place of beginning, containing 3.546 acres, more or less.
ALSO, PARCEL C: Part of the South Half of Section 31, Township 18 North, Range 4 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North, Range 4
East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said
South Half, 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 594.00 feet; thence
North 42 degrees 09 minutes 00 seconds West 26.91 feet to the PLACE OF BEGINNING of the within
described parcel of real estate; thence continuing North 42 degrees 09 minutes 00 seconds West 29.59
feet to a Northeasterly corner of real estate conveyed to First Indiana Federal Savings Bank by a
Warranty Deed recorded on page 228 of Deed Record 268 in the Office of the Recorder of Hamilton
County, Indiana, thence South 89 degrees 50 minutes 15 seconds West on the Northerly line of said real
estate 249.56 feet to the Northwesterly corner of said real estate, said corner being on a line that bears
North 61 degrees 40 minutes 00 seconds West from a point on the aforesaid line having a length of
594.00 feet and bearing North 00 degrees 09 minutes 45 seconds West from the point on the South line
of said South Half; thence North 61 degrees 40 minutes 00 seconds West 469.53 feet to the Southerly
right -of -way line of a roadway known as Carmel Medical Drive, as said right -of -way was dedicated to
the City of Carmel, Indiana, by a document titled "Acknowledgment of Dedication and Acceptance"
executed on December 11, 1979 by the City of Carmel, Indiana, through its Board of Public Works and
recorded on pages 493 through 497 of Miscellaneous Record 159 in said Recorder's Office; thence
North 00 degrees 09 minutes 45 seconds West 25.65 feet to the centerline of said roadway; thence North
76 degrees 56 minutes 20 seconds East on said centerline 76.58 feet to the point of curvature of a curve
to the left, the radius point of which lies 200.00 feet North 13 degrees 03 minutes 40 seconds West from
said point of curvature; thence Northeasterly, curving to the left on said centerline, an arc distance of
170.17 feet to the Southwesterly corner of real estate conveyed to the United States Postal Service by a
Warranty Deed recorded on pages 865 and 866 of Deed Record 326 in said Recorder's Office; thence
North 89 degrees 50 minutes 15 seconds East on the Southerly line of said real estate 146.24 feet to a
point that is 258.75 feet South 89 degrees 50 minutes 15 seconds West from the Southeast corner of said
real estate; thence South 00 degrees 09 minutes 45 seconds East 48.00 feet; thence North 89 degrees 50
minutes 15 seconds East 258.75 feet; thence North 00 degrees 09 minutes 45 seconds West 48.00 feet to
the Southeast corner of said real estate, being also the Southwesterly corner of real estate conveyed to
the United States Postal Service by a Warranty Deed recorded as Instrument Number 8729055 in said
Recorder's Office; thence North 89 degrees 50 minutes 15 seconds East on the South line of said real
estate 87.29 feet to a point on the Westerly line of parcel of real estate conveyed to the City of Carmel,
Indiana, for the use and benefit of its Department of Redevelopment, by a Limited Warranty Deed
recorded as Instrument Number 9809828789 in said Recorder's Office; thence South 15 degrees 01
minute 43 seconds West on said Westerly line 62.14 feet; thence South 00 degrees 09 minutes 45
seconds East on said Westerly line 328.75 feet to the place of beginning, containing 4.030 acres, more or
OAKLAND.1646253.2 Grant of Pylon Sign Easement Exhibit A
less.
ALSO, PARCEL D: Part of the South Half of Section 31, Township 18 North, Range 4 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North, Range 4
East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of said
South Half, 2313.00 feet; thence North 00 degrees 09 minutes 45 seconds West 866.00 feet; thence
North 89 degrees 50 minutes 15 seconds East 41.89 feet to a point on the Westerly line of parcel of real
estate conveyed to Mundy Realty, Inc. by a Warranty Deed recorded as Instrument Number 9749655 in
the Office of the Recorder of Hamilton County, Indiana, said point being also on the Easterly line of a
parcel of real estate designated as right -of -way for "AAA" Way Drive in a conveyance to the City of
Carmel, Indiana, for the use and benefit of its Department of Redevelopment, by a Limited Warranty
Deed recorded as Instrument Number 9809828789 in the Office of the Recorder of Hamilton County,
Indiana; (the following five courses are on the Easterly line of said parcel of real estate) 1.) thence N 00
degrees 15 minutes 30 seconds West 8.62 feet; 2.) thence North 00 degrees 15 minutes 30 seconds West
78.30 feet; 3.) thence North 15 degrees 01 minute 43 seconds East 31.38 feet; 4.) thence North 27
degrees 17 minutes 26 seconds East 235.11 feet to a point on a line that is 35.00 feet East of and parallel
with the East line of real estate conveyed to Hoosier Motor Club, by a Warranty Deed recorded on pages
519 and 520 of Deed Record 329 in said Recorder's Office; 5.) thence North 00 degrees 09 minutes 45
seconds West on said line 285.88 feet to the Northwesterly corner of a parcel of real estate designated as
"Street B" in said conveyance to the City of Carmel, Indiana, by Instrument Number 9809828789, said
corner being on the Northerly line of a parcel of real estate conveyed to Ben Mar, LLC, by a Warranty
Deed recorded as Instrument Number 9709749659 in said Recorder's Office; thence North 89 degrees
50 minutes 15 seconds East on the Northerly line of said "Street B" parcel, being also the Northerly line
of the real estate conveyed to Ben Mar, LLC, by Instrument Number 9709749659, a distance of 432.00
feet to the intersection of said line with the Northeasterly line of said "Street B" parcel, said intersection
being the PLACE OF BEGINNING of the within described parcel of real estate; (the following four
courses are on the Northeasterly line of said "Street B" parcel) 1.) thence South 45 degrees 48 minutes
47 seconds East 142.00 feet; 2.) thence South 58 degrees 02 minutes 27 seconds East 247.00 feet; 3.)
thence North 68 degrees 05 minutes 48 seconds East 41.89 feet; 4.) thence North 22 degrees 21 minutes
21 seconds East 9.01 feet to a point on the Northwesterly prolongation of the Southwesterly right -of-
way line of a street known locally as Keystone Way East, as said right -of -way was dedicated to the City
of Carmel, Indiana, per a document titled "Acknowledgement of Dedication and Acceptance recorded
as Instrument Number 3688 on pages 493 through 497 of Miscellaneous Record 159 in said Recorder's
Office, said point being also the Southwesterly corner of a parcel of real estate designated as "Tract C"
in a conveyance to the City of Carmel, Indiana, for the use and benefit of its Department of
Redevelopment, by a Limited Warranty Deed recorded as Instrument Number 9809828790 in the Office
of the Recorder of Hamilton County, Indiana; thence continuing North 22 degrees 21 minutes 21
seconds West on the Westerly line of said "Tract C" parcel 33.48 feet; thence North 18 degrees 43
minutes 12 seconds East on the Westerly line of said "Tract C" parcel 90.82 feet to a point on the
Southerly line of real estate conveyed to Barnes Investment II Co., per a Warranty Deed recorded as
Instrument Number 9909905538 in said Recorder's Office, said Southerly line being also the Easterly
prolongation of a Northerly line of the real estate conveyed to Ben Mar, LLC by Instrument Number
9709749659; thence South 89 degrees 55 minutes 00 seconds West on the Southerly line of said
OAKLAND. 1646253.2 Grant of Pylon Sign Easement Exhibit A
"Barnes" real estate 293.37 feet to the Southwesterly corner of said "Barnes" real estate on the Easterly
line of real estate conveyed to Keystone Shopping Center Company by a Warranty Deed recorded on
pages 17 and 18 of Deed Record 316 in said Recorder's Office; thence North 00 degrees 05 minutes 00
seconds West on the Westerly line of said "Barnes" real estate, being also the Easterly line of the real
estate conveyed to Ben Mar, LLC, per Instrument Number 9709749659, a distance of 89.50 feet to the
Northeasterly corner of said "Ben Mar, LLC" real estate; thence South 89 degrees 50 minutes 15
seconds West on the Northerly line of said real estate 102.07 feet to the place of beginning, containing
0.666 acre, more or less.
ALSO, PARCEL E: Part of the South Half of Section 31, Township 18 North, Range 4 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North, Range 4
East; thence North 89 degrees 50 minutes 15 seconds East (assumed bearing) on the South line of the
South Half of said Section 31, a distance of 2847.20 feet; thence North 00 degrees 10 minutes 00
seconds West 19.00 feet; thence North 75 degrees 16 minutes 00 seconds East 103.30 feet to the
Northerly right -of -way line of 116th Street; thence North 89 degrees 01 minute 00 seconds East on said
right -of -way line 350.00 feet; thence North 86 degrees 58 minutes 00 seconds East on said right -of -way
line 100.10 feet to its intersection with the Westerly Limited Access Right -of -Way Line of Indiana State
Road No. 431 (a/k/a Keystone Avenue); thence Northerly on said Limited Access Right -of -Way Line
the following four courses, North 44 degrees 13 minutes 00 seconds East 150.30 feet; thence North 02
degrees 05 minutes 00 seconds East 301.50 feet; thence North 00 degrees 41 minutes 00 seconds East
572.80 feet; thence North 87 degrees 16 minutes 00 seconds West 51.10 feet to the Southeasterly corner
of a parcel of real estate conveyed to Ben Mar, LLC, per a Special Corporate Warranty Deed recorded as
Instrument Number 200000063501 in the Office of the Recorder of Hamilton County, Indiana, said
corner being on the Northeasterly line of a non exclusive Utility Easement and Right -of -Way line for a
roadway known locally as Keystone Way East, as said right -of -way was dedicated to the City of Carmel,
Indiana, per a document titled "Acknowledgment of Dedication and Acceptance" recorded as Instrument
Number 3688 on pages 493 through 497 of Miscellaneous Record 159 in said Recorder's Office, said
line being also the Northeasterly line of a parcel of land described as "Tract A" in a conveyance to the
City of Carmel, Indiana, for the use and benefit of its Department of Redevelopment, per a Limited
Warranty Deed recorded as Instrument Number 200100050090 in said Recorder's Office, said corner
being the PLACE OF BEGINNING of the within described real estate and also lying on a non tangent
curve, the radius point of which lies 325.00 feet South 59 degrees 27 minutes 50 seconds West of said
corner; thence Northwesterly, curving to the left on said curve and the Northeasterly line of "Tract A
an arc distance of 19.69 feet to the point of tangency of said curve at a point that is 325.00 feet North 55
degrees 59 minutes 32 seconds East of the radius point of said curve; thence North 34 degrees 00
minutes 28 seconds West on said Northeasterly line 54.03 feet; thence North 56 degrees 04 minutes 13
seconds West on the Northeasterly line of said "Tract A" parcel, a distance of 133.11 feet to a point on
the Southwesterly line of the aforesaid non exclusive Utility Easement and Right -of -way Line, being
common with the Northeasterly line of a parcel of land designated "Street B" in a conveyance to the
City of Carmel, Indiana, for the use and benefit of its Department of Redevelopment, by a Limited
Warranty Deed recorded as Instrument Number 9809828789 in the Office of the Recorder of Hamilton
County, Indiana; thence North 34 degrees 00 minutes 28 seconds West on said common line, a distance
of 55.26 feet to its intersection with the Southeasterly line of a parcel of real estate designated as "Tract
OAKLAND. 1646253.2 Grant of Pylon Sign Easement Exhibit A
C" in a conveyance to the City of Carmel, Indiana, for the use and benefit of its Department of
Redevelopment, by a Limited Warranty Deed recorded as Instrument Number 9809828790 in said
Recorder's Office: thence North 22 degrees 21 minutes 21 seconds West on the said Southeasterly line
of said "Tract C" parcel and the Northeasterly prolongation thereof, being the Southeasterly line of a
parcel of real estate designated as "Tract D" in said conveyance to the City of Carmel, Indiana, a total
distance of 119.92 feet; thence North 14 degrees 44 minutes 09 seconds East on the Southeasterly line
of said "Tract D" parcel 53.14 feet to its intersection with the Easterly line of a non exclusive easement
and right -of -way for a roadway known locally as Keystone Way, being also the Easterly line of the
aforesaid "Tract C" parcel of land, said line being on curve, the radius point of which lies 174.10 feet
North 75 degrees 15 minutes 51 seconds West from intersection; thence Northeasterly, curving to the
left on said Easterly line, an arc distance of 19.94 feet to the Northerly line of real estate conveyed to
Ben Mar, LLC by the above referenced Special Corporate Warranty Deed recorded as Instrument
Number 200000063501; thence North 89 degrees 55 minutes 00 seconds East on said common line
189.89 feet to the aforesaid Westerly Limited Access Right -of -Way Line of Indiana State Road No. 431;
(the following four courses are on the Westerly Limited Access Right -of -Way Line of Indiana State
Road No. 431) 1.) South 03 degrees 43 minutes 00 seconds West 135.48 feet; 2.) South 03 degrees 07
minutes 00 seconds West 130.60 feet; 3.) North 86 degrees 58 minutes 00 seconds West 50.00 feet; 4.)
South 02 degrees 53 minutes 00 second West 100.80 feet to the PLACE OF BEGINNING, containing
1.366 acres, more or less.
ALSO, PARCEL F: Sign Easement for the benefit of Parcel I as set forth in an easement recorded
March 5, 1974 in Deed Record 372, page 369 as Instrument No. 1765.
ALSO, PARCEL G: Easements for access, parking, utilities and service benefiting the insure real estate
as described in a certain Easements with Covenants and Restrictions Affecting Land dated November
13, 1997, and recorded November 17, 1997 as Instrument Number 9749660.
ALSO, PARCEL H: Access Easement Agreement dated June 16, 1998 and recorded January 16, 2004
as Instrument No. 200400003892.
OAKLAND. 1646253.2 Grant of Pylon Sign Easement Exhibit A
EXHIBIT B
LEGAL DESCRIPTION OF GRANTOR'S PARCEL
A part of the South Half of Section 31, Township 18 North, Range 4 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North, Range 4
East; thence North 89 degrees 50 minutes 15 seconds East (basis of bearing based on Weihe Engineers
ALTA Survey Job No. W090319, dated August 7, 2009); on the South line of the South Half of said
Section 31, a distance of 2847.20 feet; thence North 00 degrees 10 minutes 00 seconds West 19.00 feet;
thence North 75 degrees 16 minutes 00 seconds East 103.30 feet to the Northerly right -of -way line of
116th Street; thence North 89 degrees 01 minute 00 seconds East on said right -of -way line 350.00 feet;
thence North 86 degrees 58 minutes 00 seconds East on said right -of -way line 100.10 feet to its
intersection with the Westerly Limited Access Right -of -Way Line of Indiana State Road No. 431 (a/k/a
Keystone Avenue); thence Northerly on said Limited Access Right -of -Way Line the following four
courses, North 44 degrees 13 minutes 00 seconds East 150.30 feet; thence North 02 degrees 05 minutes
00 seconds East 301.50 feet; thence North 00 degrees 41 minutes 00 seconds East 572.80 feet; thence
North 87 degrees 16 minutes 00 seconds West 51.10 feet to the Southeasterly corner of a parcel of real
estate conveyed to Ben Mar, LLC, per a Special Corporate Warranty Deed recorded as Instrument
Number 200000063501 in the Office of the Recorder of Hamilton County, Indiana, said corner being on
the Northeasterly line of a non exclusive Utility Easement and Right -of -Way line for a roadway known
locally as Keystone Way East, as said right -of -way was dedicated to the City of Carmel, Indiana, per a
document titled "Acknowledgment of Dedication and Acceptance" recorded as Instrument Number 3688
on pages 493 through 497 of Miscellaneous Record 159 in said Recorder's Office, said line being also
the Northeasterly line of a parcel of land described as "Tract A" in a conveyance to the City of Carmel,
Indiana, for the use and benefit of its Department of Redevelopment, per a Limited Warranty Deed
recorded as Instrument Number 200100050090 in said Recorder's Office, said corner being also the
PLACE OF BEGINNING of the within described real estate (this corner is also designated as Point
`B thence North 12 degrees 14 minutes 31 seconds West 66.47 feet; thence North 70 degrees 04
minutes 45 seconds East 31.74 feet; thence North 60 degrees 26 minutes 38 seconds East 45.13 feet to
the Westerly Limited Access Right -of -Way Line of Indiana State Road No. 431 (a/k/a Keystone
Avenue), the next two (2) calls follow on and along said westerly right -of -way line as shown on the
aforesaid survey; 1.) South 02 degrees 15 minutes 29 seconds West 100.54 feet; 2.) South 00 degrees 41
minutes 00 seconds West 151.27 feet; thence North 90 degrees 00 minutes 00 seconds West 13.83 feet;
thence North 06 degrees 25 minutes 21 seconds West 58.37 feet; thence North 16 degrees 47 minutes 47
seconds West 99.95 feet to the PLACE OF BEGINNING, said tract contains 9,326 square feet (0.214
acres) more or less.
Grant of Pylon Sign Easement Exhibit B
OAKLAND. 1646253.2
EXHIBIT C
LEGAL DESCRIPTION AND DEPICTION OF SIGN AREA
A part of the South Half of Section 31, Township 18 North, Range 4 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southwest corner of the South Half of Section 31, Township 18 North, Range 4
East; thence North 89 degrees 50 minutes 15 seconds East (basis of bearing based on Weihe Engineers
ALTA Survey Job No. W090319, dated August 7, 2009); on the South line of the South Half of said
Section 31, a distance of 2847.20 feet; thence North 00 degrees 10 minutes 00 seconds West 19.00 feet;
thence North 75 degrees 16 minutes 00 seconds East 103.30 feet to the Northerly right -of -way line of
116th Street; thence North 89 degrees 01 minute 00 seconds East on said right -of -way line 350.00 feet;
thence North 86 degrees 58 minutes 00 seconds East on said right -of -way line 100.10 feet to its
intersection with the Westerly Limited Access Right -of -Way Line of Indiana State Road No. 431 (a/k/a
Keystone Avenue); thence Northerly on said Limited Access Right -of -Way Line the following four
courses, North 44 degrees 13 minutes 00 seconds East 150.30 feet; thence North 02 degrees 05 minutes
00 seconds East 301.50 feet; thence North 00 degrees 41 minutes 00 seconds East 572.80 feet; thence
North 87 degrees 16 minutes 00 seconds West 51.10 feet to the Southeasterly corner of a parcel of real
estate conveyed to Ben Mar, LLC, per a Special Corporate Warranty Deed recorded as Instrument
Number 200000063501 in the Office of the Recorder of Hamilton County, Indiana, said corner being on
the Northeasterly line of a non exclusive Utility Easement and Right -of -Way line for a roadway known
locally as Keystone Way East, as said right -of -way was dedicated to the City of Carmel, Indiana, per a
document titled "Acknowledgment of Dedication and Acceptance" recorded as Instrument Number 3688
on pages 493 through 497 of Miscellaneous Record 159 in said Recorder's Office, said line being also
the Northeasterly line of a parcel of land described as "Tract A" in a conveyance to the City of Carmel,
Indiana, for the use and benefit of its Department of Redevelopment, per a Limited Warranty Deed
recorded as Instrument Number 200100050090 in said Recorder's Office, said corner being also the
PLACE OF BEGINNING of the within described real estate (this corner is also designated as Point
`B thence North 02 degrees 53 minutes 00 seconds East 18.00 feet; thence South 87 degrees 16
minutes 00 seconds East 32.00 feet; thence South 02 degrees 53 minutes 00 seconds West 18.00 feet;
thence North 87 degrees 16 minutes 00 seconds West 32.00 feet to the PLACE OF BEGINNING, said
tract contains 576 square feet more or less.
(See next page for depiction)
Grant of Pylon Sign Easement Exhibit C
OAKLAND. 1646253.2
TEMPORARY R.O.W.
DIMENSIONS
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1
OAKLAND. 1646253.2 Grant of Pylon Sign Easement Exhibit C