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11312 Hazel Dell-Crowley, Thomas 200 50r)083521 Filed Por Record in HAp1It TDH COUNTY► INDIANA V sIEHNIFER :i HAYDEN 11\ 12 -23- 2005 At 02 :27 PM. ENCROA`f:Hi•ipgT 37.00 I CONSENT TO ENCROACH APPROVED AS TO FORM BY WY, THIS CONSENT TO ENCROACH (hereinafter the "Agreement is entered into by and between Thomas Crowley, 11312 Hazel Dell Parkway, Carmel, Hamilton County, Indiana 46032 (individually "Owner and the City of Carmel, Hamilton County, Indiana, by and through its Board of Public Works and Safety "City WITNESSETH: WHEREAS, Owner owns in fee simple certain real estate (`Real Estate which is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference "Real Estate commonly known at the Crowley residence, 11312 Hazel Dell Parkway, Carmel, Indiana, which is located within the corporate limits of the City of Carmel, Indiana; and WHEREAS, the official deeds of the Real Estate were recorded in the Office of the Hamilton County Recorder on May 3, 2002 as Instrument No. 200200032971; on October 8, 2002 as Instrument No. 200200074419; and on October 8, 2002 as Instrument No. 200200074420; and WHEREAS, Owner wishes to plant multiple trees and shrubs within the right of way of Hazel Dell Parkway adjacent to the Owner's property (individually and collectively referred to hereinafter as the "Landscaping and WHEREAS, Owner has given the City a sketch (the "Sketch depicting the proposed location of the Landscaping in the Right of Way, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B; and [eb:msword:z:\shared\d hill/ consenttoencroachkrowleyconsent .doc:10 /7/05] 1 WHEREAS, the Landscaping will be installed on a portion of the Real Estate designated as dedicated public right of way (the "Right of Way identified as "Hazel Dell Parkway" on Exhibit B; and WHEREAS, the Right of Way is beneficial to the City and its residents; and WHEREAS, as indicated on the Sketch, the Landscaping will encroach (the "Encroachments upon the Right of Way, which Encroachments are crosshatched on the Sketch; and WHEREAS, Owner and City acknowledge the location of the Encroachments; and WHEREAS, Owner acknowledges that this Agreement does not imply any approval of existing or future improvements on or to the Right of Way, the Encroachments and/or the Landscaping, or otherwise, that are not set forth on Exhibit B; and WHEREAS, the location of the Landscaping and Encroachments, as indicated by the Owner on the Sketch, should not materially interfere with the City's use of the Right of Way. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties mutually promise, agree and covenant as follows: 1. The foregoing preambles, recitations and definitions are made a part hereof as though such were fully set forth herein. 2. The City consents to the Encroachments for only so long as: (i) the Encroachments exist; and (ii) Owner complies with the terms and provisions of this Agreement. eb: msword: z.\shared\dhill'consenttoencroach \crow leyconsent.doc: 10 /7 /05) 2 3. Owner covenants and agrees not to extend, increase, modify, alter, reconfigure or otherwise change or allow to fall into disrepair the Landscaping and /or the Encroachments from what is depicted on Exhibit B. 4. Owner agrees that City shall have the right to remove any portion of the Landscaping as City deems necessary, in City's sole discretion, to install, protect and/or repair any utility lines, water mains /valves/hydrants, sanitary sewer mains /manholes or drainage ditches located in any or all of the Right of Way, or for any other lawful purpose, and that, should the City take such action, the City shall incur no obligation to repair, replace or reimburse Owner for the cost of any damages thereby caused to the Landscaping or to Owner. 5. Owner agrees to indemnify and hold harmless City, its officers, officials, members, employees, invitees, licensees and agents, from and against any and all losses, liabilities, damages, claims, judgments, attorney fees and costs arising from any bodily injury and/or death, and from any destruction or damage to any property or improvements, located on the Real Estate, the Encroachments or otherwise, which results directly or indirectly from the Landscaping and/or from any act of Owner, Owner's employees, officers, officials, invitees, licensees or agents in the Right of Way. 6. Owner agrees to reimburse City for any and all costs and expenses incurred by City to replace or repair any damage to any or all of the Right of Way and/or any improvements located therein caused by the installation, maintenance or operation of the Landscaping. eb: nsword: za sharedtdhill4 onsen ttoencroachkrow•leywnsent.doc: 10 /7/05] 3 7. Owner agrees to maintain at Owner's own cost and expense, and to the reasonable satisfaction of City, the Landscaping located within the Right of Way of Hazel Dell Parkway, as depicted on Exhibit B. 8. Owner agrees to obtain prior approval of Owner's Landscaping plan by the City of Carmel's Department of Community Services Urban Forester and to coordinate the installation and inspection of the Landscaping with the Urban Forester. 9. Owner agrees to notify and/or coordinate the installation of the Landscaping with all public utilities with facilities within the installation area. 10. Owner agrees to adhere to all City regulations and /or ordinances regarding permits, bonds and all other procedures regarding the Landscaping, the Encroachments, the Real Estate and the installation and maintenance thereof. 11. Owner agrees to record this Agreement in the Office of the Hamilton County Recorder and to provide to City with a recorded copy of same within ten (10) business days from the effective date of this Agreement. In the event this Agreement is not timely recorded by Owner, Owner agrees and consents to City recording same, at Owner's sole expense. 12. The parties hereto agree that the terms of this Agreement shall be binding upon and inure to the benefit of their respective heirs, administrators, successors and assigns. 13. The persons executing this Agreement represent and warrant that they are authorized to enter into and execute this Agreement for and on behalf of the party which they represent. eb: msword: z: \shared\dhill \consenttoencroach \crow leyconsent.doc. l 0/7/05] 4 14. This Agreement shall be effective as of the date on which it is last executed by a party hereto. "OWNER" "CITY" CITY OF CARMEL, INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY Thomas Crowle Ghfice a!i C,•ry 417a ec�rw J es Brainard /residing Officer SSN: E '»9Aiv ate: Date: /6 o Mary An 3urke Member Date: f i 0) C. LortWatso.,,emb r Date. it �,��aS ATT 1M. Johnson, i'Y� Ut C1 for pr, iana Cordray, IAM C 'reasurer Date: '7- C T� Return to: Sandra Johnson City of Carmel Clerk Treasurer's Office One Civic Square Carmel, IN 46032 STATE OF INDIANA SS: COUNTY OF r\����Y1 Before me, a Notary Public in and for said County and State, personally appeared THOMAS CROWLEY, by me known, and who acknowledged the execution of the foregoing "CONSENT TO ENCROACH" as his/her voluntary act and deed. Witness my hand and Notarial Seal this 2s day of 2005. 2\0)5L-LAt OTARY PUBLIC My Commission Expires:. BRENDA s YOUNG C P- S NOTARY PUBLIC STATE OF INDIANA a Printed Name HENDRICKS COUN'I Y MY COMMISSION EXP. JAN. 10,2007 My County of Residence: C6- STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me kno a lby�k IO Members of the City of Carmel Board of Public Works and Safety, and ttNA L. ►D `,rk Treasurer of THE CITY OF CARMEL, who acknowledged the execution of the foreggiiiV:Gox ant r o Encroach" on behalf of the City of Carmel, Indiana. r E Witness my hand and Notarial Seal this Z day of AoVem b ee ,,20.f.; ,4Q' F, NO •i" Y 'UBLIC Commission Expires: LO s 1 v e a 0 Printed Name My County of Residence: Jw This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. 0 •MOOS n. y 5.v: r:: rr r' a i..s t: :y r k; i �'.N- c NU ENTERED FOR TAXATION DO Subject to final acceptance for transfer c iO day of 20 c f`■ r AuCitcr Hamilton cxrt� 200200032971 Filed for Record in f _lam 4 o ,O 00 HAMILTON COUNTY, !NOT RNA MARY L CLARH OS -03 -2002 11:20 ea. He No, 02290127 CORP 5P MID £0.00 SPECr4 L CORPORATE WARRANTY DEED THIS INDENTURE WITNESSETH, The American Aggregates Corporation, "Grantor" or "Seller'), a corporation organized and existing under the laws of the State of Delaware, Cortvcys and Specially Warrants to Thomas M. Crowley, Trustee of the Thomas M. Crowley Revocable Trust, "Grantee" or "Purchaser of Hamiltoa County, in the State of Indiana, for the sum of Ten 00/100 Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the real estate in Hamilton Connty, in the State of Indiana described on Exhibit "A attached hereto and made a part hereof by reference, Subject to Covenants, Conditions and Restrictions contained on 'Exhibit "B", attached hereto and made a purl hereof by reference. No Indiana Gross Tax is due, at this time, as a result of this transaction. The warranties of Grantor hereunder are limited to its own acts and deed; and those of persoasq claiming by, through and under Grantor, and not otherwise, Subject to the Spring Installment of Real Estate Taxes due and payable in May 2002 and all taxes payable thereafter. Subject to all easements, restrictions and rights away of record. The address of such real estate is commonly known as; 116 Street and Iiazeldell Carmel, IN 46032. The undersigned persons executing this deed on behalf of Grantor represent and certify that they arc duly elected officers of Grantor and have been fully empowered, by proper resolution of the Eoard of Directors of Grantor, to execute and deliver this deed; that Grantor has full corporate capacity to convey the, pl,ffi;ate described herein; and that all necessary corporate action for the making of such conveyance ,.hd^kyarta n.,and done. 4 14 ifly!' s Whereof, Grantor has caused this decd to be executed this 25th day of ;z Og ,2002, 1ft 4 ;a American Aggregates Corporation a is Delaware Corporation Br. 11 P r Printtd: p, Paula J. Huehrer TalcReal Es tate /Pro ccc HF TrJe State of Indisna,.Hnmilton county ss: Acknowledgement Before mc, n Notary Public in and for said County and State,•personally appeared el a J. Buebeer and thdt.g, /Pro jectMgr. and respectively of Amer/cap Aggregates Corporation who acknowledged execution of the foregoing Deed for and on behalf of said Grantor, and who, having been duly sworn, stated that the representations therein contained are true, EXHIBIT "A" (PAGE 1 OF 8) aeWrtaehBY:AR ,10107 /205.X' 1' .W.l 3:.. �zs nAlci: ar a -x2t. i�� ..s. -s Pile No. 02290127 continued Witness my hand and notarial sea! this a5 day of 44666 i �p ;4t commissio Expires �(.t. o P Signature %4 UAW A. Prflib, y Rello Nntsry PueOC t4! Cammbaton EiAIrQOlio4'16, I0O4 Printed eo r Q. P Residing In Co., -O/7 Return to: 5011 DEER RIDGE DRIVE S., CAP L, I 46033 Send tax bills to: 5011 DEER RIDGE DRIVE S., CARMEL, IN 46033 This document prepared by: Wade R. Nichols, Attorney al Lory Morgan Associates, Inc., 540 Westfield Rood Noblesville, IN 46060 EXHIBIT "A" (PAGE 2 OF 8) .1 �?8L' :'ART "st /OT/: 2005.. {...:::ir i _L:c...t::_. E r .s.'1 c ..t.:- .::...s: �:..'!i. f. �:.`rt =r. k r:.i:7 .x f CASE NO. 02290127 Amended 2 EXHIBIT A LEGAL DESCRIPTION SURVEYED LAND DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 17 NORTH, RANGE 4 EAST, HAMILTON COUNTY, INDIANA, DESCRIBHD AS FOLLOWS: COMMENCING AT THE NO ?TIME �2i THENCE SOUTH 00 DE �E T CORNER Or SAID NORTHEAST QUARTER; WEST ti GR" S 07 MINUTES 53 SECONDS EAST ALONG THE LINE OF SAID QUARTER SECTION 45.00 FEET TO THE SOUTH RIGHT,' OF WAY LINE OF 116TH STREET AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 33 M :NUTG,S 33 SECONDS EAST 679.12 FEET ALONG SAID SOUTH RIGHT OF WAY; THENCE SOU 63 DEGREES 56 MINJT s 08 SECONDS EAST 456.85 FEET ALONG SAID SOUTH RIGHT OF WAY LINE TO THE INTERSECTION OF SAID SOUTH RIGHT OF WAY WITH THE WEST RIGHT OF WAY OF HAZEL DELL, PARKWAY; THENCE SOUTH 14 DEGREES 17 MINUTES 56 SECONDS EAST 306.92 FEET ALONG SAID WEST RIGHT OF WAY TO A T =ANGENT CURVE TO THE RIGHT HAVING A RADIUS POINT WHICH: BEARS SOUTH 75 DEGREES 42 MINUTES 04 SECONDS WEST 2,749.79 FEET; THENCE ALONG SAID CURVE AND SAID WEST RIGHT OP WAY IN A SOUTHEASTERLY DIRECTION A DISTANCE OP 462.50 FEET TO A POINT WHICH BEARS NORTH 85 DEGREES 20 MINUTES 17 SECONDS EAST FROM SAID RADIUS POINT; THENCE SOUTH 04 DEGREES 39 MINUTES 43 SECONDS EAST 22.80 FEET ALONG SAID WW^ST RIGHT OF WAY; THENCE LEAVING SAID RIGHT OF WAY, SOUTH 86 DEGREES 15 MINUTES 1? SECONDS WEST 259.34 FEET; THENCE SoUTH 68 DEGREES 59 14INt7TES 21 SECONDS WEST 435.17 FEET; THENCE NORTH 86 DEGREES 35 MINUTES 11 SECONDS WEST 821.37 FEET TO A POINT ON THE WEST LINE OF SAID Qu, RTER SECTION; THENCE NORTH 00 DEGREES 07 MINUTES 53 SECONDS WEST 954.88 FEET ALONG SAID WEST LINT TO THE POINT OF BEGINNING, CONTAINING 30.35 AC ?ES, MORE OR LESS, EXHIBIT "A" (PAGE 3 OF 8) .'f :r .aRr`j acids e. .n.:;.:.ti. }...:.q;._ ,,r #5-v.v f a :x;.04- ..t i, DULY ENTERED FOR TAXATION Subject to final acceptance for transfer .g._. C� day cf e. 20� lD° X11 e�' Autsr d Hanq'sa Caraf! parcel oo •o 00 oc15-- f042o0o i ed Bear in pAYt KTYd iN WARRANTY DBEfl WPR 01:2 18.00 THIS INDE•'TURE WTINESSETH, that SUSAN LOBR ALEXANDER, (hereinafter referred to as "Grantor of Hamilton County in th Sate of Indiana, CONVEYS AND WARRANTS to TAOMAS M. CROWL EY REVOCABLE TRUST, ST, (hereinafter referred to as "Grartcc" ofHamiiton in the State of Indiana, for and in consideration of a tax deferred exchange in accordsace with Section 1031 of the Internal Revenue Code of 1986, as amcrdcd, rsd other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following described Real Estate located in Marion County, in the State of Lndiana, to-wit: SEE ATTACHED EXHIBIT "A" more commonly known as 11312 Hazel Dell Parkway. Carmel, Indiana 46033. Subject to taxes for 2001, payable in 2002, and subject to taxes payable thereafter. Subject to casements, restrictions, covenants and agreements of record. Grantor flsrtiner certifies that there is no Gross Income Tax duc the State of Indiana at this time in respect to this conveyance. Tax bilis should be sent to Grantee at the address of the Real Estate unless otherwise indicated below. IN WITNESS WI- IAREOF. Grantor has caused this deed to be executed this 3 day of �Arr• X002. Susand� STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared SUSAN LOIIR ALEXANDER, (referred to herein as "G, doter who acknowledged execution of the foregoing Decd, and who, having been duly sworn, stated that the representation therein contained ere true. Witness my hand and Notarial Seal this 3 day of 472002. 6a MY COMMISSION EXPIRES: gitZel/J :S�<! Notary Public COUNTY OF RES a� Wlb3� n1 ta�lMfep )tglsys /1!/E9a /_"13.•• Jgr Camay K 14�1aom !c Printed This instrurnrtt prepared by Russell L. Jones, Esc., COVEN GARELICK. GLAZIER, 8888 Keystone Crossing Boulevard. Suite 800, Indianapolis, rodiana 46240. Return bccdto (o 0() gL Sk ISM .T+ ply 1)(PO i Send tax bills to j EXHIBIT "A" (PAGE 4 OF 8) R EXHIBIT A A PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 17 NORTH, RANGE 4 EAST, HAMILTON COTJ Ty, INDIANA, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER 0? SAID NORTHEAST QUARTER,; THENCE SOUTH CO DEGREES 07 MINUTES 53 SECONDS EAST ALONG THE WEST LINE 0= SAID QUARTER SECTION 999.88 FEET TO A 5/e" REBAR WIT}( CAP MARKED "RS FIRM 0018" AND THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 3S MINUTES 11 SECONDS EAST 821.37 FEET TO A 5/8" REBAR WITH SAID CAP; THENCE NORTH 68 DEGREES 59 MINUTES 21 SECONDS EAST 435.17 FEET TO A 5/8" REBAR WITH SAID CAP; THENCE NORTH B6 DEGREES 15 MINUTES 18 SECONDS EAST 259.34 FEET TO A S /8" REAR WITH SAID CAP; ON THE WEST RIGHT OF WAY LINE OF HAZEL DELL PARKWAY AS NOW LOCATED ON NOVEMBER. 2000; THENCE SOUTH 04 DEGREES 35 MINUTEs 43 SECONDS EAST ALONG SAID RICHT OF WAY 88.43 FEET TO A 5 /8" REBAR WITH SAID CAP; THENCE SOUTH 10 DEG?3EES 52 MINUTES 07 SECONDS EAST ALONG SAID RIGHT OF WAY 208.66 FEET TO A 5/8" REBAR WITH SAID CAP; THENCE SOUTH 04 DEGREES 42 MINUTES 42 SECONDS EAST 253.66 FEET ALONG SAID RIGHT OF WAY TO A 5/8" REBAR WITH SAID CAP; THENCE SOUTH 03 DEGREES 30 MINUTES 57 SECONDS EAST ALONG SAID RIGHT 0? WAY 319.73 FEET TO A 8 /9" REBAR WITH SAID CAP; THENCE LEAVING SAID RIGHT OF WAY NORTH 88 DEGREES 32 MINUTES 00 SECONDS WEST 318,66 FEET TO A 5/8" REBAR WITH SAID CAP; THENCE NORTH 56 DEGREES 30 MINUTES 17 SECONDS WEST 138.44 FEET TO A S /8" REBAR WITH SAID CAP; THENCE NORTE B3 DEGREES 25 MINUTES 37 SECONDS WEST 169.11 FEET TO A 5/8" REBAR WITH SAID CAP; THENCE NORTH 81 DEGREES 39 MINUTES 09. SECONDS WEST 451.96 FEET TO A 5/8• REBAR WITH SAID CAP; THENCE NORTH 83 DEGREES 47 MINUTES 41 SECONDS WEST 290.69 FEET TO A 5/6" REBAR•WITH SAID CAP; THENCE SOUTH 52 DEGREES 48 MINUTES 53 SECONDS WEST 238.52 FEET TO A 5/8" INCH REBAR WITH SAID CAP ON THE WEST LINE OP' SAID QUARTER SECTION; THENCE NORTH 00 DEGREES 07 MINUTES 53 SECONDS WEST ALONG SAID WEST LINE 682.40 FEET TO THE POINT OF BEGINNING, CONTAINING 22.948 ACRES MORE OR LESS. EXCEPTING THEREFROM, 4.000 ACRES (PARCEL 1) AS DEEDED TO SUSAN LOHR ALEXANDER IN INSTRUMENT NUMBER 199909955890, RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY. INDIANA. SUBJECT TO A PROPOSED 50 FoOT INGRESS- EGRESS EASEMENT IN FAVOR OF MARTIN MARIETTA MATERIALS, THE CENTERLINE OF w}IICH Is DESCRIBED AS FOLLOWS: EXHIBIT "A" (PAGE 5 OF 8) R EXHIBIT A CONT'D A PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 17 NORTH, RANGE' 4 EAST, HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH' 00 DEGREES 07 MINUTES 53 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION 999.88 FEET; THENCE SOUTH 86 DEGREES 35 MINUTES 11 SECONDS EAST 692.56 PEET TO TkE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 07 MINUTES 49 SECONDS WEST 208.85 FEET; THENCE SOUTH 10 DEGREES 37 MINUTES 52 SECONDS WEST 178.45; THENCE SOUTH 12 DEGREES 34 MINUTES 51 SECONDS WEST 168.37 FEET TO THE TERMINUS. EXHIBIT "A" (PAGE6OF8) k :,TG ss.. 1. a li! "r:S. :„.2;;;_.._.....,,,S.: `f,Jr41 4 s.'Y t� ,i'7. File No. 02190696 `3,cP WARRANTY DEED This Indenture Witnesseth, That, Susan Lohr Alexander, an adul (Grantor) of Hamilton County, in the State of Indiana, Conveys and Warrants to Thomas M. Crowley, Trustee of the Thomas M, Crowley Revocable Trust, (Grantee) of Hamilton County, in the State of Indiana, for the sum of Ten ctt 00 /100 Dollars (510.00) ar.d other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the real estate in Hamilton County, in the State of Indiana described as follows: F 00204074419 iled for Record in See Attached Exhibit r'A" HAMILTON COUNTY, INDIANA MARY L CLARK 10-08 -2002 01:21 pa. WARR DEED 18.00 Subject To the Fall Installment of Real Estate Taxes due and payable in November 2002 and all taxes payable thereafter. Subject To any and all casements, agreements, and restrictions of record. The address of such real estate In commonly known as: 11312 Hazel Dell Parkway, Carmel, IN 46082. Tax bills should be sent to Grantee at such address unless otherwise indicated below. In Witness Whereof; Grantor has executed this deed this alsi day of Mal 2002, s::1) (Scn1) Susan Lohr Alexander (Seat) State of Indiana, Hamilton County a Acknowledgement Before me, a Notary Public in and for the said County and State, personally appeared Susan Lohr Alexander, an adult, who acknowledged the execution of the foregoing Warranty Daed, and who, having been duly sworn. stated that any representations therein contained arc true. Witness my hand and notarial seal this cRls day of A4 2002. i My commission Expires Signatur L Notary Futlk Printed ,,�L5 M�'y�Arar -SDO 40,0,50N L4 ear z M ee Co�.y Residing In R4 nFslsnexplro, Jar„, t4 noo Return o: Send tax bills to: Prope ty Address This document prepared by: Wade R. Nichols, Attorney al Law Morgan Associates, Inc., 540 Westfield Road, Noblesville, IN 46060 DULY ENTERED FOR TWiTION Sub'ect to final acce tance far nsfer day of, 20 a eo-lx.. (e, lludttct trt tiareiba Ctt rr1 Parcel /7 V 6 1 0 oh r)7: 003 /(0 /5 1 6 00' ot). a,7- Iv3 EXHIBIT "A" (PAGE 7 OF 8) ?sled g` CASE NO. 02290596 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 (TRACT A) A part of the Northeast Quarter of Sectior. 4, Township 17 North, Range 4 East, of thc Second Principal Meridian, in Clay Township, Hamilton COUnty, Indiana, described as follows: Commencing at thc Northeast corner of the Northeast Quarter of Section 4, Township 17 North, Range 4 East; thence South 89 degrees 57 minutes 23 seconds West (assumed bearing) along the North line of the Northeast Quarter, 1131.29 feet, to the centerline intersection of River Road; thence South 04 degrees 52 minutes 07 seconds East (bearing per Instrument Number. 95- 52806, in the Office of the Recorder of Hamilton County), along the centerline of River Road, 1150.12 feet; thence South 85 degrees 07 minutes 53 seconds West, 125.00 feet; to the Westerly right -of -way line of River Road, said point is also, the Pont of Beginning of this description; thence South 0.4 degrees 52 minutes 07 seconds East, along the Westerly right -of -way of River Road, 253.67 feet; thence South B9 degrees 23 minutes 45 seconds West 162.20 feet; thence South 43 degrees 47 minutes 17 seconds West 78.84 feet; thence South 88 degrees 15 minutes 18 seconds West, 200.86 feet; thence South 00 degrees 23 minutes 05 second: East, 175.05 feet; thence North 83 degrees 35 minutes 02 seconds West, 169.11 feet; thence North 00 degrees 23 minutes 05 seconds West, 350,70 feet; thence North 70 degrees 40 minutes 52 seconds East, 298.67 feet; thence North 85 degrees 07 minutes 53 seconds East, 284,39 feet, to the point of beginning, containing 4.000 acres, more or less. ALSO: EASE.MENT, NUMBER 3 A part of the Northeast Q•aarter of Section 4, Township 17 north, Range 4 east, of the Second Principa). Meridian in Clay Township, Hamilton County, described as follows: Commencing at the Northeast corner of the Northeast Quarter of Section 4, Township 17 North, Range 4 East, thence South 89 degrees 57 minutes 23 seconds West, (assumed bearing) along the North line of the Northeast Quarter, 1131,29 feet to the centerline intersection of River Road; thence south 04 degrees 52 minutes 07 seconds East, (bearing per Instrument Number 95- 52806, in the Office of the Recorder of Hamilton County), along the centerline of River Road, 1150.12 feet; thence South 88 degrees 07 minutes 53 seconds west, 45.00 feet, to the Westerly right -of -way line of River Road; thence South 04 degrees 52 minutes 07 seconds East, along the Westerly right -of -way of River. Road, 120.49 feet, to the Point of Beginning; thence continuing South 04 degrees 52 minutes 07 EXHIBIT A (PAGE 8 OF 8) A■ C\I LJI vii,r i i 7- i• 'i i =1 z i i 1 i. .1 .t f. /1 /t/ //7, I i f'f' i i I I Li Z rC' z II ‘.:'•!v 571 C.) ea' I Co i 11 u. '...t., /,t:::) r r.; ,,-1,'-_:-:::"--•-• 4 fir 1 i 1 4 ,t37) it ■I' 'f i 4 1 ...‘4.,\ 1/4 4 I ----,A ir --;•71-,- )..■1 ND i l 1 ,.1;■: t 1 -,....,..---t v, V" Fr: 1 ,k 1 :1 ',I i 1 TrT .9 .___--,4. w.:-..::,''':::::;;... n0 Z 7 s Ii I Ea- i i I .11 t I 1 l. L TRANSPLANTED 0 Z -2 __,,,t,i,, 1 S 1 •.'42-1',;- pj ‹cri••= 1 1 i s, Fir .„,-.1 I 1,',1 ___..-4- N it, 1 i I ;1 Il /3) .L. I CRAB APPLES POLE (3) TRANSPLANTED ELECTRIC far k MAP E (3) TRANSPLANTED''. A RIAN PiNES p--, .0 0... --41: 7 1 r I, 2 AMUR 0 MApLE 4 ir -.L. M APL UR 4- _4, mApLE y. r ii i 1 'v 1 1 .yik, i w 7 12) AMUR NI 1 Air -74. ..t...e.%. 1: -4 1..... 0 -.1„z-t i OF 0 s-0 a g•JI A 71 MAPLE I 411 .0■ A 'f' 1:.. ,,..,4,4 .1.. i ii r 7 ,i, .1‘01 v /6,-- ELC IC r-- 4..( r;-,,;_.-, -..A 0, L 4'4 --1"74; 1.111°.1113h S di --"Mign'.114°.''.-n------ :PICKS YEvi ...r _.e"--- 1 I u ,...,TREES TO BE cp "V" 0 j l .7 ii b S FLOWER INC 1 1.7 1 I CRAB APPLES l 2.4. HICKS YEW I! 1 HEDGE. TO BE c.: REmOVED (TYP. L ussoshignsw. HAZEL DELL PARKWAY_____- V --r_. r."- r- =--r---- ._-_-lir r=4 -==d-- =_;--__=---:_•:-.-=:e,It•--,q.-_-=0---"=":•=---.,"-,51.1::::. it c I '---r------------'''''----= I ,7-6- -2 -1,,-, _r. -7-_ 1-- c 'pz- "---;L----- V-1 t2 -,d-o- -:,st j" I.) 1:: t CO LANDSCAPE PLAN 5 PLOt sCAL.E. EMI' 3. 13, 10/25/05 ■0 23 27 3011E0 5 It 0327 30G LE 1; 7333 53: Crc.oe, \1•2003 700C 32:.3 EXHIBIT "B", VZr3 RIGHT OF WAY ENCROACHMENT