C.P. Morgan Temporary Road Easement -#3
9306940
SANITARY SEWER EASEMENT AGREEMENT
THIS AGREEMENT is made this 33 day of e'efev/ 1993,
by and between C.P. Morgan Communities, L.P., an Indiana limited
partnership (the "Owner and the City of Carmel, Indiana (the
"City
WITNESSES:
WHEREAS, the Owner is the fee simple owner of certain real
estate in Hamilton County, Indiana more particularly described in
Exhibit "A" attached hereto and by reference made a part hereof
(the "Roadway Parcel and
WHEREAS, the Owner is willing to grant a temporary easement
to the City, its successors and assigns, to that portion of the
Roadway Parcel which lies within the real estate described in
Exhibit "B" attached hereto and by reference made a part hereof
(such portion of the Roadway Parcel hereafter referred to as the
"Easement Parcel for the purpose of maintaining and repairing a
sanitary sewer (the "Sewer
NOW, THEREFORE, in consideration of these premises, the
grant of the easement hereafter set forth, and other valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Owner hereby grants a temporary easement in the
Easement Parcel to the City, its successors and assigns, to use
the Easement Parcel to maintain and repair the Sewer across,
through and under the Easement Area. The easement granted
hereunder shall terminate upon the proper recording of a plat(s)
by Owner which includes the Easement Parcel if such plat grants a
replacement easement to the City in the Easement Parcel.
2. The City, its employees, agents, successors and assigns
shall, when necessary, have access to the Easement Area for the
purpose of maintenance and repairs, provided the City, its
successors and assigns shall be responsible for any damage that
may be done in connection with such maintenance and repairs.
3. The City, its successors and assigns, shall return the
Easement ParcelWd;) &my property thereto to its original
condition after perXo.rriiing any maintenance or repairs to the
Sewer. i :Hi
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This lnsirumenll:'ecerd2d FEB Z 2 1993
Z h z z �J RE corder, �uf,.
7 Sharon K. Cherry, R I I IN
REVIEWED BY HAMILTON
E
APR 0 1993 0UI Y AUDITOR'S
OF
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IN WITNESS WHEREOF, the undersigned have caused this
Sanitary Sewer Easement Agreement to be executed as of the date
first written above.
OWNER CITY
I
C.P. MORGAN COMMUNITIES, L.P. CITY OF CARMEL, INDIANA
By: C.P. Morgan Investments, Inc.
By: ./A By.
Mark W. Boyce, Vice -P 'dent Theodo'e Jo nson, Mayor
By:
Rick McKinney
LJ
By:
Steven Brown
Attest:
Janice L. Hope, Deputy Clerk Treasurer
STATE OF INDIANA
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State,
personally appeared Mark W. Boyce, the Vice President of C.P.
Morgan Investments, Inc., the general partner of C.P. Morgan
Communities, L.P., and acknowledged execution of the foregoing
Sanitary Sewer Easement Agreement on this 3 day of
re 1993.
My Commission Expires:
lZ Notary Public
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(Printed)
My County of Residence: Y p
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STATE OF INDIANA
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and
State, personally appeared Theodore Johnson, and Janice L. Hope,
the Mayor and Deputy Clerk- Treasurer, repectively, of the City of
Carmel, and acknowledged execution of the foregoing Sanitary Sewer
Easement Agreement on this 17th day of February, 199
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My Commission Expires: �I 1 t .F ?'•�r ti
Jean M. Junket V A
Notary Public 1
My County of Residence:
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This instrument prepared by: Lewis E. Willis, Jr. Esq.
STARK DONINGER SMITH
50 South Meridian Street, Suite 700
Indianapolis, Indiana 46204
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Part of the North half of thc Southcast Quartcr of Section 8, Township 17 North, Range 4
East of the Second Principal Meridian in Hamilton County, Indiana, bcing described as
follows:
Commencing at the Northwcst corncr of the Southcast Quartcr of said Section 8; thence
South 00 degrees 26 minutes 25 seconds West (Assumed bearing) along the West line of
said Southcast Quarter Section a distancc of 399.21 feet; thence North 90 degrees 00
minutes 00 scconds East a distancc of 388.06 feet; thence South 03 degrees 00 minutcs 00
seconds Wcst a distance of 37.04 feet; thence South 87 degrees 00 minutes 00 seconds East
a distancc of 214.91 feet to the BEGINNING POINT of a strip of. land 50.00 feet in
width, 25 feet on each side of the following described centerline (said point being on a
curve having a radius of 300.00 feet, the radius point of which bears North 85 degrees 22
minutes 13 seconds West); thence southerly along said curve an arc distancc of 28.12 feet
to a point which bears South 80 degrees 00 minutes 00 seconds East from said radius
point; thence South 10 degrees 00 minutes 00 seconds West a distance of 111.43 feet to a
curve having a radius of 300.00 fcct, the radius point of which bears South 80 degrees 00
minutes 00 seconds East; thence southerly along said curve an arc distance of 62.83 feet to
a point which bears South 88 degrees 00 minutes 00 seconds Wcst from said radius point;
thence South 02 degrees 00 minutes 00 seconds East a distance of 53.16 fcct to a curve
having a radius of 250.00 feet, the radius point of which bears South 88 degrees 00
minutes 00 seconds West; thence southwesterly along said curve an arc distance of 222.53
feet to a point which bears South 41 degrees 00 minutes 00 seconds East from said radius
point; thence South 49 degrees 00 minutcs 00- seconds Wcst a distance of 212.14 feet to a
curve having a radius of 300.00 feet, thc radius point of which bcars North 49 dcgrecs 00
minutes 00 seconds East; thence southeasterly along said curve an arc distance of 188.50
feet to a point which bears South 13 degrees 00 minutes 00 seconds West from said radius
point; thence South 77 degrees 00 minutes 00 seconds East a distance of 78.51 feet to a
curve having a radius of 150.00 feet, thc radius point of which bears South 13 degrees 00
minutes 00 seconds West; thence southeasterly along said curve an arc distance of 202.74
feet to a point which bears South 89 degrees 33 minutes 35 scconds East from said radius
point; thence South 00 degrees 26 minutes 25 seconds West a distance of 32.34 feet to the
South line of the North half of said Southeast Quarter and the POINT OF TERMINUS,
hereinafter referenced as POINT "A"
Excepting, however Following described tract of land:
Commencing at thc above referenced POINT "A thence South 89 degrees 36 minutes 04
seconds East along the south line of said half quarter section a distance of 12.96 feet to
the BEGINNING POINT; thence North 00 degrees 32 minutcs 25 seconds East a distance
of 95.70 feet to a curve having radius of 175.00 feet, thc radius point of which bears
South 69 degrees 12 minutes 29 seconds West; thence southeasterly along said curve an arc
distance of 64.85 feet to a point which bears South 89 degrees 33 minutes 35 seconds East
from said radius point; thence South 00 degrees 26 minutcs 25 seconds Wcst a distance of
32.31 feet to the said south line; thence North 89 degrees 36 minutcs 04 seconds West
along said south line a distance of 12.04 feet to the BEGINNING POINT.
Containing after EXCEPTION 1.348 acres, more or less.
302.74d
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u u PART OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 17 NORTH,
N RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN IN HAMILTON COUNTY,
INDIANA, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 8; THENCE SOUTH 00 DEGREES 26 MINUTES 25 SECONDS WEST
(ASSUMED BEARING) ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER
SECTION DISTANCE OF 399.21 FEET; THENCE NORTH 90 DEGREES 00
MINUTES 00 SECONDS EAST A DISTANCE OF 388.06 FEET; THENCE SOUTH 03
DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 37.04 FEET;
THENCE SOUTH 87 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF
189.90 FEET TO THE BEGINNING POINT (SAID POINT BEING ON A CURVE
HAVING A RADIUS OF 275.00 FEET, THE RADIUS POINT OF WHICH BEARS
NORTH 85 DEGREES 13 MINUTES 20 SECONDS WEST); THENCE SOUTHERLY
ALONG SAID CURVE AN ARC DISTANCE OF 25.06 FEET f0 A POINT WHICH
BEARS SOUTH 80 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID RADIUS
POINT; THENCE SOUTH 10 DEGREES 00 MINUTES 00 SECONDS WEST A
DISTANCE OF 111.43 FEET TO A CURVE HAVING A RADIUS OF 325.00 FEET,
THE RADIUS POINT OF WHICH BEARS SOUTH 80 DEGREES 00 MINUTES 00
SECONDS EAST; THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF
68.07 FEET TO A POINT WHICH BEARS SOUTH 88 DEGREES 00 MINUTES 00
SECONDS WEST FROM SAID RADIUS POINT; THENCE SOUTH 02 DEGREES 00
MINUTES 00 SECONDS EAST A DISTANCE OF 53.16 FEET TO A CURVE HAVING
A RADIUS OF 225.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 88
DEGREES 00 MINUTES 00 SECONDS WEST; THENCE SOUTHWESTERLY ALONG
SAID CURVE AN ARC DISTANCE OF 200.28 FEET TO A POINT WHICH BEARS
SOUTH 41 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID RADIUS
POINT; THENCE SOUTH 49 DEGREES 00 MINUTES 00 SECONDS WEST A
DISTANCE OF 167.14 FEET; THENCE SOUTH 41 DEGREES 00 MINUTES 00
SECONDS EAST A DISTANCE OF 25.00 FEET TO A CURVE HAVING A RADIUS
OF 255.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 49 DEGREES
00 MINUTES 00 SECONDS EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE
AN ARC DISTANCE OF 160.22 FEET TO A POINT WHICH BEARS SOUTH 13
r DEGREES 00 MINUTES 00 SECONDS WEST FROM SAID RADIUS POINT; THENCE
=t a ;:_`T tx'A 4-:°,;:; SOUTH 77 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 53.51
FEET; THENCE SOUTH 13 DEGREES 00 MINUTES 00 SECONDS WEST A
DISTANCE OF 5.00 FEET; THENCE SOUTH 77 DEGREES 00 MINUTES 00
SECONDS EAST A DISTANCE OF 64.85 TO A CURVE HAVING A RADIUS OF
140.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 13 DEGREES 00
MINUTES 00 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE AN
ARC DISTANCE OF 94.20 FEET TO A POINT WHICH BEARS NORTH 51 DEGREES
33 MINUTES 09 SECONDS EAST FROM SAID RADIUS POINT; THENCE SOUTH 51
DEGREES 33 MINUTES 09 SECONDS WEST A DISTANCE OF 15.00 FEET; TO A
CURVE HAVING A RADIUS OF 125.00 FEET, THE RADIUS POINT OF WHICH
BEARS SOUTH 51 DEGREES 33 MINUTES 09 SECONDS WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 84.11 FEET TO A
POINT WHICH BEARS NORTH 13 DEGREES 00 MINUTES 00 SECONDS EAST FROM
SAID RADIUS POINT; THENCE NORTH 77 DEGREES 00 MINUTES 00 SECONDS
WEST A DISTANCE OF 118.35 FEET TO A CURVE HAVING A RADIUS OF
275.00 FEET, THE RADIUS POINT OF WHI7,H BEARS NORTH 13 DEGREES 00
MINUTES 00 SECONDS EAST; THENCE NCRTHWESTERLY ALONG SAID CURVE AN
ARC DISTANCE OF 172.79 FEET TO A POINT WHICH BEARS SOUTH 49
DEGREES 00 MINUTES 00 SECONDS WEST FROM SAID RADIUS POINT; THENCE
NORTH 41 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 50.00
FEET; THENCE NORTH 49 DEGREES 00 MINUTES 00 SECONDS EAST A
DISTANCE OF 187.14 FEET TO A CURVE HAVING A RADIUS OF 200.00 FEET,
THE RADIUS POINT OF WHICH BEARS NORTH 41 DEGREES 00 MINUTES 00
SECONDS WEST; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC
tis Instrument Becoi FEB 2 2 1993 DISTANCE OF 178.02 FEET TO A POINT WHICH BEARS NORTH 88 DEGREES 00
ftamiltCfl MINUTES 00 SECONDS EAST FROM SAID RADIUS POINT; THENCE NORTH 02
laron K Cherry, Rcorder, DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 38.80 FEET;
THENCE SOUTH 87 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF
10.04 FEET; THENCE NORTH 02 DEGREES 00 MINUTES 00 SECONDS WEST A
DISTANCE OF 1L).23 FEET TO A CURVE HAVING A RADIUS OF 340.00 FEET,
THE RADIUS POINT OF WHICH BEARS NORTH 88 DEGREES 00 MINUTES 00
SECONDS EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF
71.21 FEET TO A POINT WHICH BEARS NORTH 80 DEGREES 00 MINUTES 00
SECONDS WEST FROM SAID RADIUS POINT; THENCE NORTH 10 DEGREES 00
MINUTES 00 SECONDS EAST A DISTANCE OF 111.43 FEET TO A CURVE
I HAVING A RADIUS OF 260.00 FEET, THE RADIUS POINT OF WHICEI BEARS
93,4'Z 7�l/ ALLONG SAAID DEGREES CURVE AN ARC WEST;
T I WHIIC H
BEARS SOUTH 85 DEGREES 07 MINUTES 11 SECONDS EAST FROM SAID RADIUS
POINT; THENCE SOUTH 87 DEGREES 00 MINUTES 00 SECONDS EAST A
I DISTANCE OF 15.01 FEET TO THE BEGINNING POINT.