Carmel Drive - Steak N Shake 1O Cross Reference to Prior Deed of Record: Corporate Quitclaim Deed dated May 24, 1984 and recorded as
Instrument Number 84 -6792, Book 343, Page 42, in the Hamilton County, Indiana Recorder's Office
EASEMENT AGREEMENT
4 This Easement Agreement (this "Agreement is made and entered into this h d ay of
e41A PJ_ 2001 by and between The Steak n Shake Company, formerly known as
Consolidated Products, Inc., an Indiana Corporation "Grantor and THE CITY OF CARMEL,
INDIANA "Grantee
RECITALS
A. Grantor owns certain real property (the "Grantor Parcel located in Hamilton
County, Indiana more particularly described as follows:
See Exhibit A, which is attached hereto and incorporated herein
B. Grantee, in connection with Grantee's improvement, widening and beautification
of Carmel Drive (the "Project requires a permanent landscape easement over a portion of the
Grantor Parcel which permanent landscape easement area (herein referred to as the "Permanent
Easement Parcel is more particularly described as follows:
See Exhibit B, which is attached hereto and incorporated herein
C. Grantee also requires a temporary easement for the duration of the Project for
purposes of constructing that portion of the Project located upon the Grantor Parcel. Such
temporary easement area (herein referred to as the "Temporary Easement Parcel is more
particularly described as follows:
See Exhibit C, which is attached hereto and incorporated herein
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Grant of Permanent Easement. Grantor hereby grants and conveys to Grantee an
exclusive, perpetual easement over, under, through and across the Permanent Easement Parcel
for the purpose of landscaping over, under, across, upon and through the Permanent Easement
Parcel for which Grantee shall have the right. at Grantee's sole cost and expense, to: (a) remove
any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes and
earth berming that exist prior to, as of the time of, or after Grantee's acquisition of such easement;
(b) plant trees, bushes (the "Plantings grass or sod, and install earth berming; and (c) maintain,
remove and replace the Plantings, which may include the installation of irrigation equipment.
20010 066909
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
10 -19 -2001 09 :50 am.
EASEMENTS 36.00
2. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Permanent Easement Parcel
and the Temporary Easement Parcel for all purposes related to the construction of the Project,
including, but not limited to the storing of Grantee's equipment and the staging of the construction
of the Project. Notwithstanding this preceding sentence, Grantee shall not store equipment or
materials overnight on the Temporary Easement Parcel. Upon the completion of the Project such
temporary easement shall terminate and Grantee shall return the Temporary Easement Parcel to
Grantor in substantially the same condition as existed prior to the commencement of the Project.
3. Obligations of Grantee. At Grantee's sole cost and expense, Grantee shall maintain
the Plantings and remove any diseased or dead Plantings from the Permanent Easement Parcel and
replace such dead Plantings with Plantings of the same (or similar) species, and to the extent
practicable, the same size.
4. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs,
successors and assigns, and others to whom Grantor may grant rights or easements, the right to use
the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing easement acquisition by Grantee, including without limitation the right to install, use,
maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the
Project. Grantor and its grantees, heirs, successors and assigns shall retain the right of access over
and across the Permanent Easement Parcel to and from the Public Right -of -Way to real estate
owned by Grantor adjacent to the Permanent Easement Parcel via Grantor's existing driveway or
any future driveway.
5. Obligations of Grantor. Except for any driveway described in Section 4
hereof, Grantor shall keep the Permanent Easement Parcel free of any fence, structure,
asphalt, gravel, plants (other than grass or sod and the Plantings installed by Grantee)
concrete or other improvements. Grantor shall mow and care for the grass located within the
Permanent Easement Parcel and shall keep the Permanent Easement Parcel free from debris,
weeds and refuse.
6. Easement and Covenants Appurtenant. The easements granted, created and made
herein, together with the benefits thereof, shall run with the Grantor Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easements granted, created and
made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel, and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Permanent Easement Parcel, the Grantor Parcel
and the Temporary Easement Parcel, as applicable, shall run with the Permanent Easement
Parcel, the Grantor Parcel and the Temporary Easement Parcel, and shall inure to the benefit of
and be binding upon Grantor and Grantee, as applicable, and their respective grantees, successors
and assigns. All covenants and agreements hereunder may be enforced by an action for specific
performance, and in the event that a party breaches any such covenant or agreement, the other
party may exercise any remedy available hereunder, at law or in equity, and recover from the
2
breaching party all amounts expended in connection with exercising any such remedy (including
without limitation, court costs and attorneys' fees).
7. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
8. The undersigned person executing this Easement Agreement on behalf of Grantor
warrants that he has been duly authorized and fully empowered, by proper action of the
governing body of Grantor, to execute this Easement Agreement.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR GRANTEE
The Steak n Shake Company
By: gc. By:
Printed: J ft (,�,(/(L (./�(2' (���c Y
Printed: �c I T (r Aid ((1
Title:
Title: l! t (1 Pfe S (d e J
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STATE OF INDIANA
S S oar SY(,e.,r b
COUNTY OF MA R 161\(
Before me, a Notary Public in and for said County and State, personally appeared
Scold C. No rr;' cY, the V) cc Prey ic)en t of Grantor and who, having been duly
sworn, acknowledged the truth and accuracy of the representations made herein and the
execution of the foregoing Agreement.
Witness my hand and Notarial Seal this 30 day of MUM Ch 2001.
My commission expires:
10/0/d0)
��CLc�t e
Notary Public
I am a resident of M Of Jan County, Indiana L. s
NUclu.W L. Me 'e,Lc/ ups'
Printed Name
3
STATE OF 11 4 OF Q.
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared
t_LV L.KE.R. Lvrei P•4 A Arv? P�ij YE
of Grantee, who, having been duly sworn, acknowledged the truth and accuracy of the
representations made herein and the execution of the foregoing Agreement for and on behalf of
said Grantee.
Witness my hand and Notarial Seal this
y day of f- F'-', 2 001.
My commission expires: 0 "L 1 (L�'= ��'�Ua.,�'
Notary P b1
y
I am a resident of +kLr)i j J7( -)County, Indiana n d 'te
Printed Name
This instrument was prepared by Robert A. Hicks, Attorney at Law, HALL, RENDER,
KILLIAN, HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064,
Indianapolis, Indiana 46282, (317) 633 -4884.
Return following recording to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis,
Indiana 46282, (317) 633 -4884.
4
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CORPORATE QUITCLAIM DEED
84 6 792
THIS INDENTURE WITNESSETH, That STEAK n SHAKE. INC., a
corporation organized and existing under the laws of the State
of Indiana, QUITCLAIMS to CONSOLIDATED PRODUCTS. INC., a corpo-
ration organized and existing under the laws of the State of
Indiana, for the sure of Ten Dollars ($10.00) and other valuable
consideration, the receipt of which is hereby acknowledged, the
following described real estate in Hamilton County, in the
State of Indiana:
Part of the South Half of Section 31, Township 18
North, Range 4 East, Hamilton County, Indiana, more
particularly described as follows:
Commencing at the Southwest corner of said 1/2
Section; running thence North 1•04'45` West and along
the West line of said 1/2 Section 1752.85 feet; (the
next 5 courses being along the center line of Carmel
Drive); running thence North 89 East 600 feet to
the P.C. of a curve to the left, said curve having a
delta of 20 °00' and a radius of 1145.92 feet; thence
in a Northeasterly direction along said curve 400 feet
to the P.T. thereof; thence North 69 East 238.51
feet to the P.C. of a curve to the right, said curve
having a delta of 20 °00' and a radius of 1145.92 feet;
thence in a Northeasterly direction along said curve
400 feet to the P.T. thereof; thence North 89 East
II 1505.85 feet to the beginning point of this descrip-
tion; running thence North 89 55' East and along the
center line of Carmel Drive 20 feet; thence South
0 °05' East 290 feet; thence South 89•55' West 20 feet;
thence North 0•05' West 290 feet to the point of
beginning, containing in all 0.133 acres more or less.
1
The. undersigned person executing this deed on behalf of
said grantor corporation represents and certifies that he is a
duly elected officer of said corporation and has been fully
empowered, by .prorar resolution of the Board of Directors of
said corporation to execute and deliver this deed; that the
grantor corporation has full co .'porate capacity to convey the
real estate described herein and that all necessary corporate
action for the making of such conveyance has been taken and
done; and that there is no Indiana gross ircc'me tax payable on this transfer.
IN WITNESS WHEREOF, the said Steak n Shake, Inc. has caused
this deed to be executed this 15th day of May, 1984.
(SEAL)
STEAK n SHAKE, INC.
By 5;
�r (Signature)
r
�/.F. W 4e.I12 .mac 'f✓, e/i.✓7 f
(Printed name and office)
This Instrument Recorded GJ %/7del
.dart L. Clark. Recorder, Harnittwtrounty, Ind.
U .Y ENTERED FOR TAXATION
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343 PAG::
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public in and fo; said County and
State sona1ly appeared j ,1lf_S' h d c' the
o ST EAK n SHAKE, INC., a corpora–
tion organized and ex isting under the laws of the State of
Indiana, and acknowledged the execution of the foregoing
Corporate Quitclaim Deed for and on behalf of said corporatioi.
Witness my hand an'i Notarial Seal this 15th day of May.
1984.
Signature cfOt
C• Printed v IF�J
Notary Public
y coaan S expires: County of Residence:
J 7." C's;n CA 7 /6;' t cam
This instrument prepared by Barton R. Peterson. ICE MILLER
DONADIO S RYAN, One American Square, Box 82001, Indianapolis.
Indiana 46282.
This Instrument Recorded
Mary L Clark, Recorder, HamilturVCO inty, Ind,
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rel 3020. North Post Rood Engineering
THE lndiannpolis, Indiana Surveying
48226-8518 Landscape Architecture
1110 SCHNEIDER 317 -099 =00 FAX Geology
L74 CORPORATION 317 -180 -2003 RESIDENTIAL
SURVEYING FAX
PARCEL 30
EXHIBIT 13
East Carmel Drive Protect Parcel 30
Owner. Consolidated Products, Inc.
Corporate QuitClaim Deed Deed Record 343, Page 42
Landscape Easement
Land Description
Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second
Principal Meridian in Hamilton County, Indiana being all that part of the owner's land identified
as Parcel 30 lying within the area identified and shown as "Proposed Landscape Easement"
on the attached Route Survey Plat and being further described as follows:
Commencing at the southwest corner of the Southwest Quarter of said Section 31; thence
bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings Is from Deed
Record 343, Page 42, Offlce of the Hamilton County Recorder) along the west line thereof a
distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55
minutes 00 seconds East along said centerline a distance of 600.00 feet to the point of
curvature of a curve having a radius of 1145.92 feet, the radius point of which bears North
00 degrees 05 minutes 00 seconds West thence easterly along said curve and along said
centerline an arc distance of 400.00 feet to a point bearing South 20 degrees 05 minutes
00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds
East along said centerline a distance of 238.51 feet to the point of curvature of a curve
having a radius of 1145.92 feet, the radius point of which bears South 20 degrees 05
minutes 00 seconds East; thence easterly along said curve an arc distance of 400.00 feet to
a point bearing North 00 degrees 05 minutes 00 seconds West from said radius point;
thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of
1505.85 feet to the grantor's northwest corner; thence South 00 degrees 05 minutes 00
seconds East along the grantor's west line a distance of 54.26 feet to the Point of
Beginning; thence North 89 degrees 53 minutes 57 seconds East a distance of 15.64 feet;
thence South 35 degrees 31 minutes 10 seconds West a distance of 5.84 feet; thence South
89 degrees 53 minutes 57 seconds West a distance of 12.23 feet to the grantor's west line;
thence North 00 degrees 05 minutes 00 seconds West along the grantor's west' line a
distance of 4.75 feet to the Point of Beginning. Containing 66 square feet.
J: \2k \2603 \001 \dwgs\par3OLSE.dwg TSC #603.001
Sheet of
s
3020 ~North Post Road Engineering
THE Indianapolis, Indiana Surveying
m 48228 -8518, Landscape Architecture
S CHNEIDER 317 898x8282 GIS LIS
317 899 8010, -FAX Geology
J CORPORATION 317 895 -2603 RESIDENTIAL
SURVEYING FAX
SURVEYOR'S REPORT
In accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code
"Rule 12 the following observations and opinions are submitted regarding the various
'uncertainties in the locations of the lines and corners established on this route survey as a'
;result of variances in reference monuments and inconsistencies in lines of occupation.
This survey was performed to create Landscape easements along Carmel Drive from
Rangeline Rood to Keystone Avenue. The basis of bearings used is from the record
descriptions of the tracts along Carmel Drive all of which are on the same system.
The coordinate values for all Survey Control Line monuments shown hereon were
established initially by Woolpert Consultants on the Indiana State Plane Coordinate System.
These coordinates were converted by The Schneider Corporation to a local coordinate system
with a basis of bearings based on the record descriptions as noted above. Coordinate values
of and distances between control points shown hereon are to the nearest 0.01 feet, not
to indicate the precision of the fieldwork, but to allow for mathematical closure.
Survey Control Line monuments are referenced hereon by circled numerals that
correspond to the monument numbers in this report. Monument 24428 is a 5/8 inch rebar
found with yellow cap marked "Schneider Engr. Corp." 0.2 feet above grade on the south side
of Carmel Drive. Monument 1322 is a Mag nail found flush with the surface of the sidewalk
on the north side of Carmel Drive. Monument 1321 is a 5/8 inch rebar found with a red
Woolpert" cap found 0.1 feet below grade on the south side of Carmel Drive. Monument
1325 is a 5/8 inch rebar found 0.1 feet below grade near the southwest corner of Carmel
Drive and Keystone Way. These four monuments are considered to be original monuments
with no error as related to their use as a part of or references to the survey line.
In addition to the 4 Survey Control Line monuments, various points on the centerline of
Carmel Drive and on the lead —ins to same are shown with horizontal coordinate values of
North and East. These coordinates are directly related to the coordinate values of the
Survey Control Line and coordinate values for the various Permanent and Temporary Right of
Way lines and corners can be calculated therefrom. In accordance with 865 IAC 1 -12, it is
the intent of this Route Survey that the location of all Permanent and Temporary Right of
Way lines and corners shown hereon be controlled by the various Survey Control Line
monuments and their associated coordinate values, bearings and distances shown hereon.
The various physical features shown on the Route Survey were located by Woolpert
Consultants in conjunction with an earlier phase of the Carmel Drive project. As indicated
above, the survey control for the Woolpert work was recovered, confirmed and converted to a
local datum for use on this Route Survey.
There is evidence from older surveys that the physical monument currently at the
southwest corner of the southwest quarter of Section 31 has moved about 1 foot in a
north —south direction during the intervening years. The coordinate value shown hereon for
that corner is based on the prior location, not on the current monument. As a result of
this movement, It is my opinion that the centerline of Carmel Drive and the prior location of
the southwest corner of the section are best established based on the centerline of Carmel
Drive coordinated and depicted on this Route Survey. This centerline is based on railroad
spikes in the centerline of Carmel Drive (one at the centerline of Keystone Way and one at
the first Point of Curvature west of Keystone Way) which have been in place and utilized to
control the centerline for many years.
SURVEYOR'S STATEMENT
To the best of my knowledge and belief the within plot represents a Route Survey performed
in accordance with Title 865 Article 1 Chapter 12 of the Indiana Administrative Code "Rule
12") under my supervision and completed on February 25, 1999.
t tgp1 11111 II 111 U /p
G. y R. en �8TE•.
Reg ed Land Surveyor #S0389 Q c 0 S
May 11, 1999
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Sheet of
1 THE 3020 North Post Road Engineering
THE Indianapolis, Indiana Surveying
441 41228 -8518, Landscape Architecture
SCHNEIDER 317 -898 -8282 GIS LIS
317 899 -6'010" FAX Geology
J CORPORATION 317 -895 -2803 RESIDENTIAL
SURVEYING FAX
ROUTE SURVEY CONTROL EXHIBIT
0 A
0
0... N 10027.0422
E 10005.9308 eo iii_e_c_iel as eo
i N C DRIVE ASSUMED NORTH
co
1 inch 50 ft
BR BO C
MANHOLE
'"`'""1 0�l G ,wa�.mscrs w
CARMEL DRIVE it
MONUMENT 1322
-c I Pall agp C■30:
REhtI ENCES
(MAC NAIL) 17.4
7 02:Thii1;______i L }9—iI �.,Ve BR BC N 9738.6139
f p W E 8891.9166
ei 0 O 0 b• MERIDIAN MORTGAGE
GROUP
CARMEL DRIVE E MON MENT 24428
REFERENCES
In R.R. SPIKE AT CL INTER. (5/8 REBAR W /SEC CAP)
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N
CUT "X ON CUR It.
16.4
TT-T S
c�t'A3uff6cA j 1.; t
N 99729605
E 11706.9352 al „W..,. .!t"'� os Ale
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c 101V-
MONUMENT 1325 CO4'
REFERENCES E 9266.1447
(5/8" REBAR)
8 ti COR- Bg
I 1 COR. BC t
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COR. Be LANDMARK
RICHARDS
X, BUILDING
CENTERLINE REFERENCE DATA
MONUMENT 1321
O N =8025.3349, E=8425.3496, SECTION 31, SW COR., SW 1/4 REFERENCES
0 N =9777.8741, E =83923395, CL INTERSECTION (5/8 "REBAR W /WOOLPERT CAP)
o N =9778.7457, E =8992.3388. CL POC
0 N =9848.4225, E =9384.1658, CL POT
N= 9930.3232, E= 9608.1731. CL POC
N =10000.0000. E =10000.0000, CL POT (R.R. SPIKE FD.)
N =100025436, E=11750.8389, CL INTERSECTION (R.R. SPIKE FD.)
TSC 1 \2k \2603 \001 \dwgs \REPTI1ES.dwg She #2603.001
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