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Old Meridian - Provindence Commercial Partners g Co o 0 gu Cross Reference: 200019557 AJ GRANT OF EASEMENT THIS GRANT OF EASEMENT "Easement made this 28 day of June, 2000, in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, whereby PROVIDENCE COMMERCIAL PARTNERS, LLC, an Indiana limited liability company (herein called "Grantor does hereby grant unto THE CITY OF CARMEL, INDIANA (herein called "Grantee its successors and assigns, a perpetual, non exclusive easement extending twenty (20) feet from each side of the centerline of potable water lines and sanitary sewer lines installed or constructed after the date of this Easement (collectively, the "Lines upon, under, over and through certain real estate which Grantor owns situated in the County of Hamilton, State of Indiana, said real estate being more particularly described and depicted on Exhibit A attached hereto and incorporated herein by reference (herein called the "Easement Real Estate The easement granted herein is granted in order to install, construct, maintain, operate, alter, repair, remove, change the size of and replace the Lines, and appurtenances thereto. The Easement granted herein shall not include any domestic or fire service lines, except to the extent the same are needed within the easement in order to connect to the distribution water mains and /or the sewer collection mains, nor shall the Easement include any portion of the Easement Real Estate on which a structure is located on or after the date of this Easement, provided, however, that Grantor shall not, on or after the date of this Easement, construct or install any structures within twenty (20) feet of any Lines which are installed on the Easement Real Estate, except that Grantor may install or construct roads, parking surfaces, curbs, or other paved surfaces on any portion of the Easement Real Estate, including within twenty (20) feet of existing Lines. Grantor hereby warrants and agrees to defend the title to the Easement Real Estate, having acquired the Easement Real Estate by deed recorded in the office of the Recorder of Hamilton County, Indiana, as instrument number 200019557. Grantee, by the acceptance of this Easement, agrees to assume liability for any damage to property on the Easement Real Estate created as a result of Grantee's installing, constructing, operating, removing, repairing or replacing the Lines and services and appurtenances thereto, and Grantee agrees to restore said Easement Real Estate to substantially the same condition as it was prior to any such installation, construction, operation, removal, repair, replacement or other conduct which created said damage. Grantor shall be entitled to the continued use and enjoyment of the Easement Real Estate during the term of this Easement, except for the purposes granted to Grantee, and provided Grantor shall not unreasonably interfere with the exercise by Grantee of the rights granted herein. Grantor agrees that the Lines and other accessories, fixtures and materials in connection therewith shall at all times remain the property of Grantee, with the right of ingress and egress thereto, and subject to the rules and regulations of Grant 0000035380j Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 07 -20- 2000 At 03:26 pm. EASEMENTS 26.00 Prior to installation of any Lines by Grantee in, on or under the Easement Real Estate, Grantee shall provide plans and specifications for such Lines to Grantor for Grantor's approval, which shall not be unreasonably withheld or delayed. If Grantor is to install any of such Lines, Grantor shall submit such plans and specifications to Grantee for Grantee's approval prior to such installation, which approval shall not be unreasonably withheld or delayed. Upon approval of such plans and specifications by the applicable party, the party constructing or installing such Lines shall install such Lines in the location and depth as shown on the approved plans and specifications. Grantee may, from time to time, relocate any Line, at its sole expense, provided that service provided by Grantee to Grantor is not materially interrupted and all limitations and conditions of this Easement are complied with by Grantor. Grantor may, from time to time, relocate any Line, at its sole expense, provided Grantee's engineering depai h ent approves the plans and specifications for such relocation, which approval shall not be unreasonably withheld or delayed. The undersigned person executing this Easement on behalf of Grantor represents and certifies that he has been fully empowered to execute and deliver this Easement; that Grantor has full capacity to convey this Easement in the Easement Real Estate; and that all necessary action for the making of such conveyance has been taken and done. This Easement, and each and all of its terms, conditions and provisions shall be binding upon and benefit the heirs, personal representatives, successors and assigns of Grantee and Grantor. IN WITNESS WHEREOF, the said Grantor has set its hand this 28`'' day of June, 2000. PROVIDENCE COMMERCIAL PARTNERS, LLC By: b Bradley B. Chambers, its sole member f/ APPROVED AND ACCEPTED by Grantee this day of L <<G, 2000. CITY OF CARMEL, INDIANA By and t ough its Board of Public Works and Safety 1 1 .41 i N Ai €4W/A. i i t 2 .4:- -1 t'''..- 1 j Imo,..- k STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public, in and for said County and State, personally appeared Bradley B. Chambers, sole member of Providence Commercial Partners, LLC, and acknowledged the execution of the foregoing easement, in such capacity acting for and on behalf of said limited liability company. Q Witness my hand and Notarial Seal thiso��S day of June, 2000. Signature 1 "a z Printed Notary Public 7 C rc�i mi pi Expires: 91 0 10 County of Residence: STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public, in and for said County and State, personally appeared LI 1LCi��r Jctn ,c �p �u�; �a3c1 epeafta YYLYrnber3 f�ji Q�, Wcz� V 2��`t e are 04 6 1� cartilvf the City of Carmel, and acknowledged the execution of the foregoing easement, in such capacity acting for and on behalf of said city. Witness my hand and Notarial Seal this d ay of (A--c- 2000 C_ /LILO 1 S erature C /E ,C alt Printed Notary Public My TAmission Expires: C t C -v 2 County of Residence: //(0 -,This instrument was prepared by Jodie L. Edminster, Ice Miller Donadio Ryan, One American Square; Box 82001, Indianapolis, Indiana 46282; telephone: (317) 236 -2100. 629204.4 [C: WINDOWS TEMP \Water -sewer easement doc6/27/00] 3 JOB NO. 121 -4791 t'< 350 E. New York St Suite 300 DATE: 04 /12i00 Mid tat Indianapolis, IN 46204 (317) 634 -6434 Phone fnBinEfnanO (317) 634 -3576 Fax EXHIBIT SHOWING Proposed Commercial Property "A" Providence at Old Meridian 1 I 1 0 100' 200' S S3 S S• oi m 0• 4 v G 42) eit):1' 6 Commercial Property "A" q 0 0 2.524 Acres v. AD t. 4' S line, SE 1 /4, Sec. 26 -18 -03 .../--I\ -.0, S 89°27'12"W 348.88' S 89° 27'12 "W 1566.62' f Point of Beginning SE Corner Sec 26 -18 -03 EXHIBIT A Mid- States Engineering, L.L.C. April 12, 2000 Job. No. 121 -4791 LAND DESCRIPTION Proposed Commercial Property "A" Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second Principal Meridian in Hamilton County Indiana more particularly described as follows: Commencing at the Southeast comer of the Southeast Quarter of said Section 26 and running S89 °27'12 "W on and along the South line of said Southeast Quarter 1566.62 feet to the POINT OF BEGINNING of this description; thence continuing S89 °27'12"W 348.88 feet to the center line of Old Meridian Street; thence N36 °04'38 "E on and along said center line 496.65 feet; thence S53 °55 "E 280.00 feet; thence S36 °04'38 "W 288.52 feet to the POINT OF BEGINNING, containing 2.524 acres, more or less, subject to easements, rights -of -way, and restrictions. EXHIBIT A JOB N0. 121 -4791 350 E. New York St., Suite 300 DATE 04/12/00 Indianapolis, IN 46204 4j. (317) 634 -6434 Phone fnGinffnenO (317) 634 -3576 Fax EXHIBIT SHOWING Proposed Commercial Property "B" Providence at Old Meridian I 1 1 I 0 100' 200' Z S `U A) SS S GS (a, 280 D O. Commercial Properly "B" 2.136 Acres ry Point of Beginning 4, i s 3° s c0 `AP m ?80 00 Ay I V CV SE Corner j Sec 26 -18-03 L S line, SE 1 /4, Sec. 26 -18 -03 _.1\ .-In. .-In. S 89°2712"W 1915.50' EXHIBIT A Mid- States Engineering, L.L.C. April 12, 2000 Job. No. 121 -4791 LAND DESCRIPTION Proposed Commercial Property "B" Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second Principal Meridian in Hamilton County Indiana more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 26 and running S89 °27'12 "W on and along the South line of said Southeast Quarter 1915.50 feet to the center line of Old Meridian Street; thence N36 °04'38 "E on and along said center line 556.65 feet to the POINT OF BEGINNING of this description; thence continuing N36 °04'38 "E on and along said center line 332.31 feet; thence S53 °55'22 "E 280.00 feet; thence S36 °04'38 "W 332.31 feet; thence N53 °55'22 "W 280.00 feet to the POINT OF BEGINNING, containing 2.136 acres, more or Tess, subject to easements, rights-of-way, and restrictions. EXHIBIT A MidmStat JOB NO. 121 -4791 -1 350 E. New York St., Suite 300 DATE 04 /12i00 Indianapolis, IN 46204 rrn (317) 634 -6434 Phone EnGln�onO (317) 634-3576 Fax EXHIBIT SHOWING Proposed Commercial Property "C" Providence at Old Meridian 1 i l I 0 100' 200' NW Corner, Lot 13, RA Franke's Add'n DR 128, Pg 197 N N 89°43'22"E 291.86' Ste o'`' ^A Commercial Property "C" CO 1.092 Acres Point of Beginning s 3 s Z e- ti 3s° 52 2, 4 J s' O 6 N 1 R y i, o WO CO l _Do 1 W M O 6 v d- a N ::5 W O Z /S line, SE 1 /4, f Sec. 26 -18 -03 S 89° 27'12 "W y 1326.00' R SW Corner, SE 1/4, SE /q SE Corner Sec 26 -18 -03 Sec 26 -18 -03 EXHIBIT A J s Mid- States Engineering, L.L.C. April 12, 2000 Job. No. 121 -4791 LAND DESCRIPTION Proposed Commercial Property "C" Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second Principal Meridian in Hamilton County Indiana more particularly described as follows: Commencing at the Southeast comer of the Southeast Quarter of said Section 26 and running S89 °27'12"W on and along the South line of said Southeast Quarter 1326.00 feet to the Southwest Corner of the Southeast Quarter of the Southeast Quarter of said Section 26; thence N00 °40 "E on and along the West line of said Quarter Quarter Section 727.00 feet to a point on the Southeast right -of -way of Old Meridian Street, said point also being on the Northwest line of Lot 13 in R.A. Franke's Addition as per plat thereof recorded among the records of Hamilton County, Indiana as Deed Record 128, Page 197; thence N36 °15'16 "E on and along said Southeast right -of -way of Old Meridian street and said Northwest line of Lot 13 a distance of 47.70 feet to the POINT OF BEGINNING of this description; thence continuing N36 °15'16 "E 115.71 feet to the Northwest corner of said Lot 13; thence N89 °43'22 "E along the North line of said Lot 13 a distance of 291.86 feet; thence S36 °04'38 "W 288.72 feet; thence N53 °55'22 "W 235.41 feet to the POINT OF BEGINNING, containing 1.092 acres, more or Tess, subject to easements, rights -of -way, and restrictions. EXHIBIT A