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Range Line - Carmel Properties (Hughey) 11, 410 r EASEMENT FOR INGRESS AND EGRESS The City of Carmel, Indiana, (hereinafter referred to as "City of Carmel hereby grants the following easement to Carmel Properties, an Indiana general partnership, (hereinafter referred to as "Carmel Properties Recitals A. Carmel Properties is the owner of certain real estate located in Carmel, Indiana, which real estate is more particularly described in Exhibit A attached hereto and made a part hereof, (hereinafter referred to as "Benefitted Property"); B. The City of Carmel has embarked on a program to widen Rangeline Road to become a four lane highway. In conjunction therewith the City of Carmel,' pursuant to the power of eminent domain, instituted a program of acquisition of land bordering Rangeline Road. As a part of this pragrarn of acquisition, the City of Carmel acquired a strip of ground off of the eastside of the Benefitted Property. (This strip of ground is hereinafter referred to as the "Easement Property C. A portion of the deed of conveyance of the Easement, Property reads as follows: It is understood between the parties Hereto, and their successors in title, and made covenant herein which shall run with the land, that all lands hereinbefore described excepting any parcels specifically designated as easements or as temporary rights of way are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the grantor(s). This language inadvertently raised questions concerning Carmel Properties' access to its own property. C. Carmel Properties and the City of Cannel desire to make sure that access to the Benefitted Property is available for Carmel Properties and its•successors and assigns. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the receipt of which is hereby acknowledged, and other i I a g n u J 2 J ..3,. i good and adequate consideration, City of Cannel agrees as follows: 1 Easement Grant. The City of Carmel hereby grants, conveys and transfers a perpetual right and easement in, over and across the Easement Property for ingress and egress of pedestrian and vehicular traffic through, the Easement Property to the Benefitted Property. The legal description of the ease- ments is attached hereto and incorporated herein as Exhibit B. 2. Persons to Whom Granted. The easement rights provided by this document are granted to Carmel Properties and its successors and assigns; to the lessees, sublessees, occupants, mortgagees, invitees, business visitors and licensees of Carmel Properties and its successors and assigns; to all public and private utilities serving any part of the Benefitted Property; and to all other persons furnishing services to the Benefitted Property. 3. Easement Appurtenant. '1'hi.s agreement and the .terms and conditions herein shall be appurtenant to, imposed upon, apply to and run with the Benefitted Property and the Easement Property and shall be binding upon and inure to the benefit of the owners and occupants of such property. Executed this day of 1981. CI OF CARMEL, INDIANA BY ./t4' State of Indiana )SS: County o /�lce,6a�v Sworn and subscribed to before me, Notar Public in and for said County and State, this /L)day of t 1981. 413--c4;ati) i My Commission Expires: Notary Puil.t'c County of Residence This instrument prepared by Stephen A. Harlow, 911 E. 86th Street, Indianapolis, Indiana 46240. EXHIBIT A PARCEL I: Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Beginning at a point on the East line of said Southeast Quarter which is 1344.75 feet South 00 degrees 00 minutes 00 seconds (assumed bearing) of the Northeast corner thereof; thence North 89 degrees 32 minutes 30 second West on a line extending to a Stone found at the Northwest corner of real estate described by a deed recorded in Deed Record 165, pages 224 and 225 in the Office of the Hamilton County Recorder, 370.38 feet to the East lin of the Old Traction Company right -of -way; thence South 00 degrees 49 minut 00 seconds West on and along said East line 86.18 feet to a point that is 1218.75 feet North 00 degrees 00 minutes 00 seconds of the South line of said Southeast Quarter; thence South 89 degrees 20 minutes 15 seconds East parallel with said South line 371.62 feet to a point on the East line of said Southeast Quarter that is 1218.75 feet North 00 degrees 00 minutes 00 seconds of the Southeast corner thereof; thence North 00 degrees'00 minutes 00 seconds on and along said East line 37.50 feet to the Beginning Point; containing 0.75 acre, more or less. PARCEL II: Part of the Southeast Quarter of Section 36, Township 13 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: The south half (1/2) of the following tract: Beginning at a point on the East line of said Southeast Quarter which is 1344.75 feet South 00 degrees 00 minutes 00 seconds (assumed bearing) of the Northeast corner thereof; thence North 89 degrees 32 minutes.30 seconds West on a line extending to a stone found at the Northwest corner of real estate described by a deed recorded in Deed Record 165, pages 224 and 225 in the Office of the Hamilton County Recorder, 370.38 feet to the East line of the Old Tractior Company right -of -way; thence North 00 degrees 49 minutes 00 seconds Past on and along said East line 4.56 feet to the Northeast corner of real estate described by a deed recorded in Deed Record 132, pages 23 and 24 in the Office of the Hamilton County Recorder, said corner also being on the South line of real estate described by a deed recorded as Instrument 671 in Deed Record 147 in the Hamilton County Recorder's Office, surveyed June 20 ,1968 by Schneider Engineering Corp/ thence South 89 degrees 59 minutes 23 seconds East (deed) South 89 degrees 51 minutes 24 second: East (measured) on and along the South line of the above referenced real estate 370.29 feet to the East line of said Southeast Quarter; thence South 00 degrees 00 minutes 00 seconds on and along said East line 6.60 feet to the Beginning Point; containing 0.05 acre, more or less. EXCEPTING THE FOLLOWING DESCRIBED: A part of the Southeast Quarter cf Section 36, Township 18 North, Range 3 East, City of Carmel, Hamilton County, Indiana, described as follows: Commencing at the northeast corner of said quarter section; thence South 1 degree 51 minutes 30 seconds East 1,432.25 feet along the east line of said quarter section; thence South 88 degrees 48 minutes 15 seconds, west 35.00 feet to the point of beginning of this description, which point is the intersection of the west boundary of Rangeline Road (Westfield Boulevard) with the south line of the owner,'s land; thence South 88 degrees 48 minutes 15 seconds West 5.00 feet along said south line; thence North 1 degree 51 minutes 30 seconds West 11.69 feet; thence South 88 degrees 08 minutes 30 seconds West 5.00 feet; thence North 1 degree 51 minutes 30 seconds West 10.00 feet; thence North 88 degrees 08 minutes 30 seconds East 5.00 feet; thence North 1 degree 51 minutes 30 seconds west 68.86 feet to the north line of the owner's land; thence North 88 degrees 26 minutes 33 seconds East 5.00 feet along said north line to the west boundary of Range line Road (Westfield Boulevard); thence South 1 degree 51 minutes 30 seconds East 90.58 feet along said west boundary to the point of beginning and containing 0.012 acres, more or less. EXHIBIT B Proposed Access Easement Description .Former Hughes Property Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, described as follows: Beginning at the.Northeast corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East; thence South 00 degrees 00 minutes 00 seconds (assumed bearing) on and along the East line thereof 1342.10 feet; thence South 90 degrees 00 seconds West 35.00 feet to the True Beginning Point of the easement herein described on the East line of real estate conveyed to the City of Carmel by a Warranty Deed recorded in Deed Record 318, page 749 in the Office of the Recorder of Hamilton County, Indiana, (said East line also being the West line of Range Line Road (Westfield Boulevard) as referred to in said deed); thence South 90 degrees 00 minutes 00 seconds West 5.00 feet to the West line of said City of Carmel real estate; thence South 00 degrees 00 minutes 00 seconds on and along said West line 20.00 feet; thence South 90 degrees 00 minutes 00 seconds East 5.00 feet to the East line'of said real estate; thence North 00 degrees 00 minutes 00 seconds on and along said East line 20.00 feet to the True Beginning Point.