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Pennsylvania - Edward Rose Development 20 0500068467 Filed for Record in HAMILTON COUNTY? INDIAhNA Deed Reference: Instrument No. 2003 097403 JENNIFER J HAYDEN 10 -18 -2005 At 10:04 am. 0 0 9 EASEMENTS 28.00 J('-(0`‘e EASEMENT AGREEMENT APPROVED AS TO FORM BY Ata• 411.-- THIS INDENTURE WITNESSETH, that EDWARD ROSE DEVELOPMENT COMPANY, L.L.C. (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, a non exclusive easement "Easement that shall run with the land and which shall be limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate and remove a sanitary sewer line through, upon, over, along, under and across the following described real estate: See Exhibit "A" 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 Cor, Tax. 1 IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement Agreement this r6L. day of A' 2005. EDWARD ROSE DEVELOPMENT COMPANY, L.L.C. By: L (Signature) (Pri nted Name) STATE OF INDIANA SS: COUNTY OF MARION 1 J B ef fo� oree me, a Notary Public in and for said County and State, personally appeared //dir i2 "Grantor who acknowledged the execution of the foregoing "EASEMENT AGREEMENT" as his /her voluntary act and deed. Witness my hand and Notarial Seal this day of .gLa, ;,20@ NOTARY PUBLIC U r4 _.a My Commission Expires: Ct(Sl r�:;(4 J .4/ .*.r7,;_) 7-,..--,1,c.g 1 T J 0/7/07 Printed Name My County of R e s i d e n c e This instrument prepared by Steven M. Hormann, 7901 Crawfordsville Road, Indianapolis, IN 46214. 7 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 this Agreement 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 7 /times Brainard, Presiding Officer Date: //0 Mary An urke, Member Date: as k Lori Wat on, s er Date: /0/.5105 ATTST: Sandra M. Johnson 47. .O a Cordray, IAM %Clerk- Treasurer Date: /Q b Deputy Clerk for This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. [eb:msword:z:\ shared \dhill \fomu \easeform2.doc:2 /23/05] 4 STATE OF'INDIANA SS: Cow COUNTY OF y m lL Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me know to be the Members of 3 'rYi.r a. John Sun, the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk Treasure of the City of Carmel who acknowledged the execution of the foregoing "Non Remonstration Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this 6 day of a e 200 5 NOTARY PUBLIC C /ten Da s Printed Name My Commission Expires: 6 1/49 /o My County of Residence: am' rr? j` j of Date: /0/51p 5 1 EXHIBIT "A" Sheet 1 of 6 December 2, 2004 PIC# 020350 -20200 Sanitary Sewer Easement Description Alexandria of Carmel A 20 foot wide strip of land being a part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, and Tying 10 feet on each side of the following described centerline: Commencing at the Northwest corner of the Southeast Quarter of said Section 26; thence along the West line of said Quarter Quarter section South 00 degrees 10 minutes 07 seconds East (bearing based upon deed bearing on said West Tine used in Instrument No. 95 -54504 as recorded in the Office of the Recorder of Hamilton County, Indiana) 413.09 feet to the Westerly extension of a proposed North Right of way line; thence along said Westerly extension of the North Right of way line and said North Right of way line North 88 degrees 47 minutes 49 seconds East 143.68 feet to the Point of Beginning; thence North 01 degrees 12 minutes 11 seconds West 113.08 feet to the South line of and described in Instrument No. 97- 54710, recorded in said Recorder's Office and there terminate. The side lines of said 20 foot strip are extended or shortened to begin at said North right of way line and terminate at said South line. EXHIBIT "A" Sheet 2 of 6 N.W. COR., S.E. 1/4, zi SEC. 26, T.18N., R.3E. COPPERWELD FOUND PER H.C.S. REF. TIES N. LINE, N.W. 1/4, S.E. 1/4, SEC. 26 i 131ST STREET PROPOSED R/W FOR 131ST STREET 1 i 1 I W W W H O) CC p Z n /7 to G Z p O cm cn p m 1 8O I c O Z 2 Z m m "1 e. 73 g I C Im z c.C' Z O F, o m POINT OF TERMINUS Q tl� Q UO 1 1 I r-- 1. 20 00 L I Z o I EASEMENT AREA= 2262 SQ. F r. EDWARD ROSE DEVELOPMENT CO., i LL.C. I 0.052 ACRES± i o I (I INST. NO. 2003 097403 POINT OF BEGINNING i 1 CENTERLINE N ;8 E 143.68' NORTH R/W LINE NORTH R/W LINE PROPOSED RIGHT OF WAY EXTENDED I I y I I o 100 200 SCALE: 1"=1 00' TITLE: SANITARY SEWER EASEMENT EXHIBIT ALEXANDIA OF CARMEL Date: -02 -04 CITY OF CARMEL SCALE: LEGAL TOWNSHIP: CLAY. TWN. SECTION 26, 1 Q J ECT N COUNTY: HAMILTON CO. PROJECT N0: TWN. 18 NORTH, RNG. 3 EAST. 020350 -20200 c 1 ARCHITECTURE o CIVIL ENGINEERS C� 7172 GRAHAM ROAD LANDSCAPE ARCHITECTURE ''f INDIANAPOLIS, INDIANA 46250 LAND PLANNING s ,x ~K 317) 842 -6777 FAX (317) 841 -4798 °LAND SURVEYORS Ie F 1 '7 E -Mail picripe@picripe com E NVIRONMENTAL CONSULTANTS y TRANSPORTATION ENGINEERS GIS EXHIBIT "A" Sheet 3 of 6 November 11, 2004 .PIC# 020350 -20200 Sanitary Sewer Easement Description Alexandria of Carmel A 20 foot wide strip of and being a part of a tract of and described in Instrument No. 95 -54504 as recorded in' the Office- of the Recorder of Hamilton County, Indiana and being a part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 18 North, Range' 3. East in Hamilton County, Indiana, and lying 10 feet on each side of the following described centerline: Commencing at the Southwest corner -of 'the; Northwest Quarter of said Southeast Quarter section; thence along the South Tine of said Quarter Quarter section, North 88 degrees 44 minutes 05 seconds East. (bearing based upon said deed) 35.01 feet to the East right of way line of Pennsylvania Street, the dedication of public right —of —way of which was recorded December 9, 1986 in Instrument No. 86 -27981 in said Recorder's Office; thence along said. East right of way line, North 00 degrees 10 minutes 07 seconds West 15.79. to the Point of Beginning; thence North 88 degrees 00 minutes. 29 seconds East 830.50 feet; thence North 00 degrees 04 minutes 27 seconds West 383.77 feet; thence North 88 degrees 44 minutes 05 seconds East 116.72 feet to a point designated as "Point A thence continuing, North 88 degrees 44 minutes 05 seconds'. East 18.00- feet to the East boundary of said tract and there terminate. The side lines of said 20 foot strip are extended or shortened to begin at the East right of way line of Pennsylvania Street, to meet at all angle points and terminate at said tract's East boundary. EXHIBIT "A" Sheet 4 of 6 II I 1 I \�I �p I N 88'44'05" E 1 I MANOR HEALTHCARE CORP. 18.00' INST. NO. 95 -54504 N 88'44'05" E I i 116.72' L I-7" r F POINT "A o POINT OF TERMINUS z 1 n EASEMENT AREA 26980 SQ. FT. p 0.619 ACRES± y Z xi 6 o° 1 i �Q�Q�� p `�Fp�F� c I :N I :k s 20.00' o 0 10.00' -I -I I 1 E2 I 10.00' I 1 I tzl N tzi z m y 1 1 "8 POINT OF BEGINNING N 88'00'29" E 830.50' _J J A *(c) 5. UNE, NW.1 /4, SE.1 /4, SEC. 26- 18N -3E 35.01' \N 86'44'05' E S.W. COR., N.W. 1/4, S.E. 1/4, SEC. 26, T.18N., R.3E. I NO MONUMENT FOUND I CALCULATED AT MIDPOINT 0 100 200 0 SCALE: 1"=100' TITLE. SANITARY SEWER EASEMENT .EXHIBIT Date: ALEXANDRIA OF CARMEL 11 11 04 TOWN OF CARMEL SCALE: LEGAL TOWNSHIP: CLAY TWN. SECTION .26, 1 O. JECT COUNTY: HAMILTON CO. TWN. 18 NORTH, RNG. 3 EAST. 20350 20200 3un ARCHITECTURE V 7172 GRAHAM ROAD CIVIL ENGINEERS r LANDSCAPE ARCHITECTURE LO INDIANAPOLIS,-INDIANA '46250 LAND PLANNING i 1= r4 (317) 842 -6777 FAX (317) 841 -4798 LAND SURVEYORS .4ij ,rr "'a•a:y'µ�E£ ENVIRONMENTAL CONSULTANTS -ch: ?;r.�;�'r E -Mail picripe©picripe.com TRANSPORTATION ENGINEERS GIS EXHIBIT cc A► Sheet5of6 January 27, 2005 PIC# 020350 -20200 Sanitary Sewer Easement Description Alexandria of Carmel A 20 foot wide strip of land being a part of the tract of land described in Instrument No. 95 -54504 as recorded in the Office of the Recorder of Hamilton County, Indiana and being a part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, and lying 10 feet on each side of the following described centerline: Commencing at the Southwest corner of the Northwest Quarter of said Southeast Quarter section; thence along the South line of said Quarter Quarter section, North 88 degrees 44 minutes 05 seconds East (bearing based upon said deed) 35.01 feet to the East right of way line of Pennsylvania Street the dedication of public right of way which was recorded December 9, 1986 in Instrument No.86 -27981 in said Recorder's Office; thence along said East right of way line, North 00 degrees 10 minutes 07 seconds West 15.79 feet; thence North 88 degrees 00 minutes 29 seconds East 830.50 feet; thence North 00 degrees 04 minutes 27 seconds West 383.77 feet; thence North 88 degrees 44 minutes 05 seconds East 116.72 feet to a point designated as "Point A thence North 00 degrees 04 minutes 26 seconds West 10.00 feet to the North line of Sanitary Sewer Easement #2 and the Point of Beginning; thence continuing, North 00 degrees 04 minutes 26 seconds West 429.27 feet to a proposed South right of way and there terminate. The side lines of said 20 foot strip are extended or shortened to begin at the North line of Easement #2, to meet at all angle points and terminate at the proposed South right of way. EXHIBIT GGA 97 Sheet 6 of 6 PROPOSED RIGHT OF WAY POINT OF TERMINUS I I I C I I F ---,I 20.00' 10.00' I -I 10.00' EASEMENT AREA= 8585 S0. FT. 0.197 ACRES± OF oo o N oQO N Cam POINT OF BEGINNING MANOR HEALTHCARE CORP. INST. N0. 95 -54504 N 00'04'26" W 10.00' N. LINE ESMT. #2 N 88 E i 612 'r POINT "A" V Iz �k -58 o z, p �7 \<5,-P.''' l Po OZ'' G Q� z A CF�NTERLINE ESMT. #2 1 y o, N 88'00'29_E 830.50 1 J o J cn Ar-_ S. LINE, NW.1 /4, SE.1 /4, SEC. 26- 18N -3E 35.01 N 88 4'05 E S.W. COR., N.W. 1/4, S.E. 1/4, 0 100 1 200 I SEC. 26, T 18N., R.3E. I NO MONUMENT FOUND CALCULATED AT MIDPOINT SCALE: 1" =100' TITLE. SANITARY SEWER EASEMENT EXHIBIT Dote: 1 27 05 ALEXANDRIA OF CARMEL SCALE: TOWN OF CARMEL 1" =100' LEGAL TOWNSHIP: CLAY TWN. SECTION 26, PROJECT N0: COUNTY: HAMILTON CO. TWN. 18 NORTH, RNG. 3 EAST. 20350 20200 .:;r;4„y ARCHITECTURE "x` CIVIL ENGINEERS aiv v0 7172 GRAHAM ROAD LANDSCAPE ARCHITECTURE INDIANAPOLIS, INDIANA 46250 LAND PLANNING (317) 842 -6777 FAX (317) 841 -4798 LAND SURVEYORS d�. 4,,,,-ii .a, ENVIRONMENTAL CONSULTANTS ;„,1.r ig* E —Mail picripe@picripe.com TRANSPORTATION ENGINEERS GIS