Pennsylvania - Triple Charter 2009001985 EASEMENTS $29.00
A 6121
01/20 /2009 11:26:17A 10 PGS 9
Jenn J Hayden
HAMILTON County Recorder IN
Recorded as Presented
EASEMENT AGREEMENT
APPfOV 3 AS TO FORM BY''
THIS INDENTURE WITNESSETH, that Triple Charter, LLC (hereinafter "Grantor
hereby grants and conveys to the City of Carmel, Indiana, its successors and assigns (hereinafter
"Grantee in consideration of the sum of One Dollar ($1.00), and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, an exclusive
easement "Easement that shall run with the land and which shall be limited to the Grantee's
right to limit access to the public right of way of Pennsylvania Street through, upon, over, along,
under and across the following described real estate:
See Exhibits "A" and "B" attached hereto and made a part hereof.
together with the right to do all other lawful acts and things not inconsistent herewith and
requisite or necessary for the full enjoyment of the Easement.
The Grantor expressly reserves all right, title and interest in and to the real estate
described not specifically granted to Grantee.
It is understood that all the provisions of this Agreement are stated herein and no verbal
agreements or promises will be binding on the parties hereto or their successors in interest. This
Agreement shall be governed by and construed and enforced in accordance with the laws of the
State of Indiana.
This Agreement is made subject to all prior easements, agreements, restrictions and
rights -of -way of record and is not subject to the Indiana Corporate Income Tax.
ROW Easement for Public Works rev3
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement Agreement this
1 day of JM1b&' 2008.
"GRANTOR"
Triple Charter, LLC
David C. Wespiser, Managing Member
By:
(Signature)
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each and every
Social Security Number from this document, unless it is required by law.
Triple Charter, LLC
D avid C. Wespiser, Managing Member
By:
(Signature)
STATE OF OHIO
SS:
COUNTY OF BUTLER
Before me, a Notary Public in and for said County and State, personally appeared
D CW101 0 "Grantor who acknowledged the execution of the
foregoing "EASEMENT AGREEMENT" as his /her voluntary act and deed.
Witness my hand and Notarial Seal this 11 day of j)1SJ77beK .14 ZOO
kite
N I� ARY PUBLI
My',Commission Expires
s
j 1
Printed Name
'`t4, t .:?AM 1 S. LINDLEY Q I I
,C State of Ohio My County of Residence:
y ,(0.- i7-fr� O.1 Expires 06/27,12_
C,,y'•.,;;This uinent prepared by Pamela S. Lindley, Hotel Development Services, LLC 125 West
%,,,o t p i lfg Street, Oxford, OH 45056
ROW Easement for Public Works rev3 2
ACCEPTANCE
WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of
Carmel, Indiana, its Easement Agreement "Agreement which Agreement is hereinabove set
forth; and
WHEREAS, the City of Carmel, Indiana, is of the opinion that said Easement is desirable
and necessary to the City.
NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public
Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of
Indiana, accepts the Agreement and orders that the Agreement be recorded in the Recorder's
Office of the County of Hamilton, State of Indiana.
"GRANTEE"
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
ames Brainard, Presiding Officer
D ate O
gd L
Mary nn Burke, Member
Date: -O
Lori Wats'.n, ber
Date: I/7 /0?
ATTEST/
I_ /!_�II Sandra fro M. Johnson,
P ana Cordray, IA Clerk- Treasurer Deputy Clerk for
Date: 1/! /D 7
This instrument prepared by Pamela S. Lindley, Hotel Development Services, LLC 125 West
Spring Street, Oxford, OH 45056
ROW Easement for Public Works rev3 3
8 EXHIBIT A
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N.E. o Cor., W 3, N.W. 1, S:E. 1,
15 N.W. Cor., W. 3, Sec: 2 -717N-RD3E
a. N.W. I. S.E. 1. Nothing Found. Colculoted from
Sec. 2 -'T17N -RD3E prior ,DLDS Survey
r Nothing Found. Calculated from 111th STREET (Public RAN)
o prior OLDS MSE Surveys N 139'00'22 E 675:83
c 690.82' S 00'12 4-0 E' fr
p
o N. Ln: W:: N.W. A, S.E. 1,
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o 3 6.40'`..1 L 54:59'
I 1 CH_ 53.91
R 5 BRG: S 74'08'00' W
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CH 53.80'
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WOOLPERT, INC. ,STAYBRIDGE SUITES
PROJECT NO.
7635 Interactive Way, Suite 100 10 675 PENNSYLVANIA ST. 67979
u D ATE 0 9 f 25 08
2 Indianapolis, In CARMEL, INDIANA
46278 -2727 D R
317.299.7500 2ft. NON ACCESS EASEMENT sHr. i f 1 OF 2
0 wvvLPERT FAX: 31 EXHIBIT A
ROW Easement for Public Works rev3 4
EXHIBIT B
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Part of the. West Half of the Northwest Quarter of the Southeast Quarter of Section 2, Township
17 North, Range 3 East of the Second Principal Meridian in Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Northwest corner of said half quarter-quarter section; thence North 89
degrees 00 minutes 22 seconds East (bearing assumed based on Mid States Engineering job
numbers 121-4392 and 121 5514), along the North line of said half quarter quarter section a
o distance of 675.83 feet to the Northeast, corner of said half quarter quarter section; thence South
00 degrees 11 minutes 36 seconds East 1 feet along the,East'line of said half
quarter- quarter section; thence South 89 degrees 46 minutes 18 seconds West 441.43 feet;
thence Westerly 54.59 feet along an arc to the left and having a radius of 100.00 feet, subtended
by a long chord having a bearing of South 74 degrees 08 minutes 00 seconds West and a length
of 53:91 feet; thence South 58. degrees 29 minutes 43 seconds West 9.77 feet; thence North 31
degrees 00 minutes 17 seconds West 30.00 feet to the POINT OF BEGINNING of this
description: thence Southeasterly 6.19 feet along an arc to the left and having a radius of 8.21
feet, subtended by a long chord having a bearing of South 71 degrees 14 minutes 58 seconds
N East and a: length of 6.04 feet; thence North 89 degrees 48 minutes 24 seconds East 70.17 feet;
thence South 00 degrees 11 minutes 36 seconds East 41.99 feet; thence South 89 degrees 48
Q minutes 24 seconds West. 30.00 feet; thence North 00 degrees 11 minutes 36 seconds West
3 16.99 feet; thence South 89 degrees 48 minutes 24 seconds West 40.17 feet; thence Westerly
21.83 feet along an arc to the right and having a radius of 35 00 feet, subtended by a long chord
having a bearing of North 72 degrees 19 minutes 32 seconds West and a length of 21:48 feet;
thence Northwesterly 13.40 feet along an arc to the left and having a radius of 20:00 feet,
z subtended by a long chord having a bearing of North 73 degrees 39 minutes 03. seconds West
and a length of 13.15 feet; thence North 58 degrees 29 minutes 43 seconds East 31:99 feet to the
PONT OF BEGINNING and containing 0.063 acres, more or less.
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N WOOLPERT, INC, STAYBRIDGE SUITES PROJECT NO
7140 Waldemar Drive 67979
o Indianapolis, Indiana 10675 PENNSYLVANIA ST. DATE 07/07/08
CARMEL, INDIANA
46268 -4192 DR.
317:299..7500 WATER QUALITY AND ACCESS SHT. 1 OF 2
WUVUERT FAX: 317.291.5805 EASEMENT DESCRIPTION
ROW Easement for Public Works rev3 5