Pennsylvania - Triple Charter (2) 2009001986 EASEMENTS $31.00
01/20/2009 11:26:17A 10 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
L
Prior vccu °N.c°c°cu
a EASEMENT AGREEMENT
APPROv 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 construct, repair, operate, maintain, replace and /or remove a water quality BMP structure
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.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
Agreement this I day of ,fainber 2008.
ROW Easement Water BMP rcv3
"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
David C. Wespiser, Managing Member
(Signature)
STATE OF OHIO
SS:
COUNTY OF BUTLER
Before me, a Notary Public in and for said County and State, personally appeared
`l)vtok C. Wcpsev "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 1Lfl'7i9et l t/
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ARY PUBLIC
mnnission Expires
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My County of Residence:
This instrument prepared by Pamela S. Lindley, Hotel Development Services, LLC 125 West
Spring Street, Oxford, OH 45056
ROW Easement Water BMP 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:
w�l
J I mes Brainard, Presiding Officer
ate: 7 C>
of
Mary A Burke, Me ber
Date: 0Y
Lori atso emb r
Date: +frj uy
ATTES Sandra M. Johnson,
Deputy Clerk for
j
Dia ordray,IAMC er Treasurer
Date:
This instrument prepared by Pamela S. Lindley, Hotel Development Services, LLC 125 West
Spring Street, Oxford, OH 45056
ROW Easement Water BMP rev3 3
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EXHIBIT A
NORTH
SCALE: 1"=60'
o N.E. Cor., W. 4, N.W. i, S.E. I,
N N.W. Cor., W. Sec, 2- T17N -R03E
N.W. I, S.E. i. Nothing Found. Calculated from
Di Sec. 2- T17N -R03E prior OLDS Survey
o Nothing Found. Calculated from 111th STREET (Public RM!) fr
prior OLDS MSE Surveys N 89'00'22" E 675.83'
—S 00'12'40r
o N. Ln. W.. N.W. S.E. I, 690.82'
o Sec. 2- T17N -R03E (Per prior OLDS Survey)
E. N 89'00'32" E o
0 641.59'
I
s I
c R 100.00' I m
60' INGRESS /EGRESS EASEMENT w
o L 54.59` INST. #2006-33115 w
0' CH, 53.91' in I
BRG S 74'08'00" W #2006 -55255 m
0
N
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m W
a S 58'29 43 W o 889'46'18" W 441.43'°
6) R 8.21'
3 S 311.3017' E L= 6 :19'
o `'30.00' CH 6.04'
BRG S 7114'58" E
tu P O .B. J
I i
N N 58'29'43' E 0.063 ACRES
a 31.9 N 89' '2 E
3 S 00'11'36" E
l R 20.00' 41.99'
a) L 13.40'
ce CH 13.15' S 89'48'24" W S 89'413'24 W
BRG N 73'39'03 W
t I- 4017' 30.00'
Z N 00'1 1'36" W
R 35.00' 16.99
I Q L =21.83'
5 CH =21.48'
J Q BRG` N 72'19'32' W
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N WOOLPERT, INC. STAYBRIDGE SUITES PROJECT NO.
7l 40 Waldemar Driue fi7979
10675 PENNSYLVANIA ST.
DATE 07 /07/08
o Indianapolis, 'Indiana CARMEL, INDIANA
46268 -4192 DR.
317.2993500 WATER QUALITY AND stir. 2 OF 2
6 NYOWERT FAX: 317.2913805 ACCESS EASEMENT EXHIBIT
ROW Easement for Public Works rev3 4
g EXHIBIT B
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
0 89 °00'22 seconds East (bearing assumed based on Mid States Engineering job numbers
1.21 -4392 and ,121- 55 along the North line thereof, a distance of 675.83 feet to the
O
Northeast corner of said half quarter quarter section; thence on the Fast line thereof,
South 00 °11'36" East 1024.38 feet; thence South .8.9° 46' 18" West 441.43 feet to the
Point of Curvature of curve concave easterly having a central angle of 31 °16'34" and a
radius of 100.00 feet; northerly on said curve an arc distance of 54.5.9 feet; (said are
being subtended'by a long chord which bears North 74 °08'00 "East 53.91 feet; thence
North 58 °29'43" East 50.26 feet to the Point of Curvature of a curve concave easterly
having a central angle of 31°12'28" and a radius of 100.00 feet;. northerly on said curve
an arc distance of 54.47 feet; (said arc being subtended by a long chord which bears
North 74 °05'57" East 53.80 feet; thence North 8 °42'12" East 36.00 feet to the POINT
OF BEGINNING of the herein described parcel; thence. Northerly 95.82 feet along an
arc to the, right and having a radius of 5791.58 feet, subtended by a long chord having a
W bearing of South 00 degrees 48 minutes 40 seconds West and a length of 95.82 feet;
thence South 01 degrees 17 minutes 06 seconds West 170.69 feet; thence South 88
degrees 55 minutes 24 seconds West 2.00 feet; thence No. rth 01, :degrees' 17 minutes 06
o seconds East 170.78 feet; thence Southerly 95.76 feet along an arc to the left and having
a radius of 5789.58 feet, subtended by a long chord having a bearing of North 00
degrees 48 minutes 40 seconds East and a length of 95.76 feet; thence North 89 degrees
42 minutes 12 seconds East 2.00 feet; to the POINT OF BEGINNING and containing
0.012 acres, more or less.
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WOOLPERT, INC. PROJECT NO.
JTAY SUITES
0 7635 Interactive Way, Suite 100 67979. 10675 PENNSYLVANIA ST. DATE 09/25/08
CARMEL, IN
Indianapolis, Indiana DIANA
46278 -2727 DR,
En 317.299.7500 2ft. NON ACCESS EASEMENT sHT. 2 OF 2
FAX: 317.291.5805 EXHIBIT A
ROW Easement for Public Works rev3 5