C.P. Morgan Temporary Sanitary Sewer Easement MO
SANITARY SEWER EASEMENT AGREEMENT
THIS AGREEMENT is made this day of 4.ve1w,i 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 "Easement Parcel to be used as an easement for a sanitary
sewer (the "Sewer and
WHEREAS, the Owner is willing to grant a temporary easement
to the City, its successors and assigns, to use the Easement
Parcel for the purpose of maintaining and repairing 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 Parcel and any adjacent property thereto to its original
condition after performing any maintenance or repairs to the
Sewer. PST
u I1EV EWE® BY HAMILTON
�Z 1 i7 COUNTY AUDITOR'S TOF�'S OFFIC
APR Y 0 1993
OFFICE OF THE MAIUr�`'
This Instnimnnf Recorded FEB 22 1993
Sharon K. r' q
4 1
s
IN WITNESS WHEREOF, the undersigned have caused this
Sanitary Sewer Easement Agreement to be executed as of the date
first written above.
OWNER CITY
C.P. MORGAN COMMUNITIES, L.P. CITY OF CARMEL, INDIANA
By: C.P. Morgan Investments, Inc.
'122
By:
Mark W. Boyce, Vi O President Theodor Jo son, Mayor
/e/k.
By
Rick McKinney
By:
Steven Brown
Attest:
en .e:ia,+,yx.:Yi+,,,..,w -.aaw zr.,, �a+• u: u• Sw; cw:: i' ucr�
JaniceL. 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
reA, 1993.
My Commissi n Expires: E(�c,
Z /U' 9 0 Notary Public
77E/- -i Cuyrc
id
(Printed)
My County of Residence:
f)9/0e/Gib o :BY
SEA
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930 itA Si
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, 1993.
1
My Commission Expires:
Jean M. Junker
Notary Public
(i r
My County of Residence:
This instrument prepared by: Lewis E. Willis, Jr. Esq.
STARK DONINGER SMITH
50 South Meridian Street, Suite 700
Indianapolis, Indiana 46204
c:0509a.lew
3ZP3 739
Exhibit A Page 1
OFFSITE. SANITARY
SEWER EASEMENT 2
PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 17 NORTH,
1 RANGE 4 EAST OF THE SECOND PRINCIPAL MERIDIAN IN HAMILTON COUNTY,
INDIANA,• BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID
SECTION 8; THENCE NORTH 89 DEGREES 25 MINUTES 51 SECONDS WEST
(ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER
SECTION DISTANCE OF 6.26 FEET; THENCE NORTH 18 DEGREES 45 MINUTES
35 SECONDS WEST A DISTANCE OF 136.59 FEET TO THE BEGINNING POINT
(SAID POINT BEING ON A CURVE HAVING A RADIUS OF 240.00 FEET, THE
RADIUS POINT OF WHICH BEARS NORTH 18 DEGREES 45 MINUTES 35 SECONDS
WEST); THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 109.39
FEET TO A POINT WHICH BEARS SOUTH 07 DEGREES 21 MINUTES 15 SECONDS
WEST FROM SAID RADIUS POINT; THENCE SOUTH 07 DEGREES 21 MINUTES 15
SECONDS WEST A DISTANCE OF 5.00 FEET TO A CURVE HAVING A RADIUS OF
245.00 FEET. THE RADIUS POINT OF WHICH BEARS NORTH 07 DEGREES 21
MINUTES 15 SECONDS EAST; THENCE WESTERLY ALONG SAID CURVE AN ARC
DISTANCE OF 32.69 FEET TO A POINT WHICH BEARS SOUTH 15 DEGREES 00
MINUTES 00 SECONDS WEST FROM SAID RADIUS POINT; THENCE NORTH 75
DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 50.00 FEET TO A
CURVE HAVING A RADIUS OF 105.00 FEET, THE RADIUS POINT OF WHICH
BEARS SOUTH 15 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE WESTERLY
ALONG SAID CURVE AN ARC DISTANCE OF 23.82 FEET TO A POINT WHICH
BEARS NORTH 02 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID RADIUS
POINT; THENCE NORTH 88 DEGREES 00 MINUTES 00 SECONDS WEST A
DISTANCE OF 122.95 FEET TO A CURVE HAVING A RADIUS OF 395.00 FEET,
THE RADIUS POINT OF WHICH BEARS NORTH 02 DEGREES 00 MINUTES 00
SECONDS EAST; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF
55.15 FEET TO A POINT WHICH BEARS SOUTH 10 DEGREES 00 MINUTES 00
SECONDS WEST FROM SAID RADIUS POINT; THENCE NORTH 80 DEGREES 00
MINUTES 00 SECONDS WEST A DISTANCE OF 55 90 FEET; THENCE NORTH 10
DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 5.00 FEET; THENCE
NORTH 77 DEGREES 00 MINUTES 39 SECONDS WEST A DISTANCE OF 146.42
TO A CURVE HAVING A RADIUS OF 505.00 FEET, THE RADIUS POINT OF
WHICH BEARS SOUTH 62 DEGREES 03 MINUTES 19 SECONDS WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 147.18 FEET TO
A POINT WHICH BEARS NORTH 45 DEGREES 21 U!NUTES 24 SECONDS EAST
FROM SAID RADIUS POINT; THENCE NORTH 34 DEGREES 00 MINUTES 00
SECONDS EAST A DISTANCE OF 5.10 FEET TO A NON TANGENT CURVE HAVING
A RADIUS OF 510.00 FEET, THE RADIUS POINT 0 WHICH BEARS SOUTH 45
DEGREES 14 MINUTES 38 SECONDS WEST; THENCE NORTHWESTERLY ALONG
SAID CURVE AN ARC DISTANCE OF 46.68 FEET TO A POINT WHICH BEARS
NORTH 40 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID RADIUS
POINT; THENCE NORTH 50 DEGREES 00 MINUTES 00 SECONDS WEST A
DISTANCE OF 251.72 FEET TO A CURVE HAVING A RADIUS OF 560.00 FEET,
THE RADIUS POINT OF WHICH BEARS SOUTH 40 DEGREES 00 MINUTES 00
SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC
DISTANCE OF 33.14 FEET TO A POINT WHICH BEARS NORTH 36 DEGREES 36
MINUTES 33 SECONDS EAST FROM SAID RADIUS �0•NT; THENCE SOUTH 32
DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 5 02 FEET TO A
CURVE HAVING A RADIUS OF 555.00 FEET, THE RAD:US POINT OF WHICH
BEARS SOUTH 36 DEGREES 39 MINUTES 03 SECONDS WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 112.86 FEET TO
A POINT WHICH BEARS NORTH 25 DEGREES 00 V:NUTES 00 SECONDS EAST
FROM SAID RADIUS POINT; THENCE NORTH 65 DEGREES 00 MINUTES 00
SECONDS WEST A DISTANCE OF 73.94 FEET; THENCE NORTH 20 DEGREES 22
MINUTES 15 SECONDS WEST A DISTANCE OF 402 69 FEET; THENCE NORTH 36
DEGREES 30 MINUTES 31 SECONDS WEST A DISTANCE OF 90.13 FEET 10 THE
WEST LINE OF THE EAST HALF OF SAID QUARTER SECTION; THENCE NORTH 00
DEGREES 22 MINUTES 08 SECONDS EAST ALONG SAID WEST LINE 33.33 FEET;
THENCE SOUTH 36 DEGREES 30 MINUTES 31 SECONDS EAST A DISTANCE OF 119.62
FEET; THENCE SOUTH 20 DEGREES 22 MINUTES 15 SECONDS EAST A DISTANCE 01
397.31 FEET; THENCE SOUTH 65 DEGREES 00 MINUTES 00 SECONDS EAST A
DISTANCE OF 65.73 FEET TO A
936' 7,5Y
z
Exhibit A Page 2
CURVE HAVING A RADIUS OF 575.00 FEET, THE RADIUS POINT OF WHICH
BEARS SOUTH 25 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE
SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 150.53 FEET TO
A POINT WHICH BEARS NORTH 40 DEGREES 00 MINUTES 00 SECONDS EAST
FROM SAID RADIUS POINT; THENCE SOUTH 50 DEGREES 00 MINUTES 00
SECONDS EAST A DISTANCE OF 251.72 FEET TO A CURVE HAVING A RADIUS
OF 525.00 FEET, TI4E RADIUS PO NT OF WHICH BEARS SOUTH 40 DEGRFF:S
00 MINUTES 00 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE
AN ARC DISTANCE OF 196.90 FEET TO A POINT W`-t,CH BEARS NORM 61
DEGREES 29 MINUTES 21 SECONDS EAST FROM SAID RADIUS POINT; THENCE
SOUTH 76 DEGREES 08 MINUTES 39 SECONDS EAST A DISTANCE OF 133.97
FEET; THENCE SOUTH 80 DEGREES 00 MINUTES 00 SECONDS LAST A
DISTANCE OF 58.90 FEET 10 A CURVE (HAVING A RADIUS OF 3 /5.00 FEET,
THE RADIUS POiN r OF WHICH BEARS NORM 1C DEGRt :ES 00 M,NUI• S 00
SECONDS EAST; THENCE EASTERLY AI-ONG SA'D CURVE AN ARC DISTANCE OF
52.36 FEET TO A POINT WHICH IJEARS SOUTH 02 DEGREES 00 M'NUIFS 00
SECONDS WEST FROM SAID RADIUS POINT; THENCE SOU Ili 88 DEGREES 00
MINUTES 00 SECONDS EAST A DISTANCE OF 122.95 FEET TO A CURVE
HAVING A RADIUS OF 125.00 FEET, THE RADIUS POINT OF WHICH BEARS
SOUTH 02 DEGREES 00 MINUTES 00 SECONDS VrESr; THENCE EASTERLY Al ONG
SAID CURVE AN ARC DISTANCE OF 28.36 FEET TO A POINT WHICH DEARS
NORTH 15 DEGREES 00 MINUTES 00 SECONDS EAST FROM SAID RADIUS
POINT; THENCE SOUTH 75 DECREES 00 MINUTES CO SECONDS EAST A
DISTANCE OF 50.00 FEET TO A CURVE HAVING A RADIUS OF 225 00 f ELT,
THE RADIUS POINT OF WHICH HEARS NORTH 15 GEG-2EES 00 MIME IES 00
SECONDS EAST; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OE
219.29 FEET 10 A POINT WHICH BEARS SOUTH 4 0 GEGRLES 50 VINUIES 32
SECONDS EAST FROM SAID RADIUS POINT'; IIii :NEE SOUTH 40 DECRI ES 50
MINUTES 32 ST CCNDS EAST A DIS TANCF OF 15 CO EF E T 10 A CURVE I IAVNG
A RADIUS OF 240.00 FEET, THE RADIUS PONN1 GE V,;IICH 133 ARS NOR 111 40
DEGREES 50 MINUTES 32 SECONDS W1:Sr; THENCE SOU IHWFSILRLY ALONG
SAID CURVE AN ARC DISTANCE OF 92.50 FEET TO THE IJI.0 `NiNG POIN F,
This u R FEH 2 2 1993
Shar Insfr K. G meni erry ecorded
+;carder, Hami Co
93a 73