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Blue Creek Woods - Dan Young Chevrolet ,(3 9 Cross References: 87 -7413, and in the Office of the Recorder of Hamilton County, Indiana. SANITARY SEWER EASEMENT THIS EASEMENT, executed this 7S -7-14 day of 4-Z 1993, by DAN YOUNG CHEVROLET, INC., an Indiana corporation "Grantor WITNESSES: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor grants, conveys and declares a non exclusive easement for sanitary sewer and utilities upon, over and across the real estate owned by Grantor more particularly described in Exhibit "A" attached hereto and by reference made a part hereof, for the benefit of the real estate owned by C.P. Morgan Communities, L.P. "Communities and described in Exhibit "B" attached hereto and by reference made a part hereof. The easement granted herein includes the right of construction, operation, maintenance, repair and replacement. Grantor also grants to the City of Carmel, Indiana, the right to perform maintenance, repair and replacement of sanitary sewer and utility material and equipment within the easement. The easement herein granted shall be permanent, shall burden the Real Estate, and shall be binding upon Grantor, and its successors and assigns, and shall benefit Communities, its successors and assigns. Grantor's source of title is 87 -7413 and Communities sources of title are and IN WITNESS WHEREOF, Grantor has executed this instrument on the day and in the year first above written. DAN YOUNG CHEVROLET, INC. REVIEWED BY HAMILTON COUNTY Al TO {y Ir1c lliam A Young Vice :President President BY STATE OF INDIANA SS: This Instrument Rccorded M AY 0 6 1993 COUNTY OF ,!O ri 1 1.1(11 Sharon K. Cherry, Recorder, Hamilton County, IN Before me, a Notary Public in and for'said County and State, personally appeared William A. Young, known by me to be the Vice President of Dan Young Chevrolet, Inc., and being first duly sworn, acknowledged the execution of the foregoing Easement for and on behalf of said Corporation. c Witness my hand and Notarial Seal this day of /0 14 1993. j 4 It Notary Public 0 145 oorroi“ibn Expires: My County of Residence Is: r 0 ,t) This Instrument was prepared by Bruce E. Smith, Attorney. morgan\4422.jeb r H I Cr) 0 T1 GO CA3 9 6.0 2 Exh bf (1(311 w TRACT I PER1&JETER DESCRIPTION Part of Section 8, Township I7 North, Range 4 East of the Second Principal in Hamilton County, Indiana being described as follows: COMMerKin at the northeast corner of the northwest quarter of said .ction 8, said corner also being the northeast corner of Williamson Run I Section ,II, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument number 89 -14918 in the Office of the Recorder of Hamilton Coeaty; thence South 00 degrees 30 minutes 28 seconds West (assumed bearing) alea8 the east line of said Williamson Run if Section II, Williamson Run 1 Section IV, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument number 89- 22230, Williamson Run I Section VI, a subdivision in Hamilton County, Indiana, the plat of which is recorded as Instrument number 133574 and along the west line of Blue Creek Woods Subdivision, a subdivision in Hamilton County, Indiana, the plat of which is recorded in plat Book 8, Page 74 in the Office of the Recorder of Hamilton County, Indiana n distance of I95&.45 feet to the Point of Beginning; thence South 89 degrees 29 minutes 32 seconds East a distance of 109.84 feet; thence South 00 degrees 30 minutes 28 seconds West a distance of 288.37 feet more or less to the centerline of Carmel Creek; thence meandering the centerline of uid Carmel Creek the following five courses; North 73 degrees 06 minutes 46 seconds East a distance of 67.66 feet; thence North 15 degrees 33 minutes 24 seconds East a distance of 48.95 feet; thence North 40 degrees 41 minutes 28 seconds East a distance of 45.31 feet; thence North 84 degrees 37 minutes 13 seconds East a distance of 29.97 feet; thence South 63 degrees 44 minutes 58 seconds East a distance of 10.90 feet to the east line of Lot 31 in said Blue Creek Woods; thence North 73 degrees 22 minutes 43 seconds East a distance of 276.10 feet to the east line of Lot 30 in said Blue Creek Woods; thence South 30 degrees 51 minutes 01 seconds East a distance of 133.04 feet; thence South 05 degrees 04 minutes 24 seconds West a distance of 256.33 feet; thence South 02 degrees 58 minutes 04 seconds East a distance of 148.05 feet; thence South 81 degrees 33 minutes 28 seconds East a distance of 207.70 feet; thence South 88 dcgrces 00 minutes 00 seconds East a distance of 120.00 feet; thence South 02 degrees 00 minutes 00 seconds West a distance of 205.36 feet; thence North 88 degrees 00 minutes 00 seconds West a distance of 23.86 feet; thence South 02 degrees 00 minutes 00 seconds Wcst a distance of 150.00 feet; thence North 88 degrees 00 minutes 00 seconds West a distance of 110.25 feet; thence South 77 degrees 33 minutes 37 seconds West a distance of 138.11 feet to a point on a curve having a radius of 325.00 feet, the radius point of which bears South 77 degrees 33 minutes 37 seconds West; thence southerly along said curve an arc distance of 96.11 feet to a point which bears South 85 degrees 29 minutes 45 seconds East from said radius point; thence North 87 dcgrces 00 minutes 00 seconds West a distance of 239.92 feet; thence North 03 degrees 00 minutes 00 seconds East a distance of 37.04 feet; thence South 90 degrees 00 minutes 00 seconds West a distance of 388.06 feet to the west line of the north half of the southeast quarter of said section 8; thence North 00 degrees 26 minutes 25 seconds East along uid west line a distance of 399.21 feet to the northwest corner of the southeast quarter of said section 8; thence North 89 degrees 25 minutes 51 seconds West a distance of 6.26 feet to the southwest corner of said Blue Creek Woods Subdivision (said point also being the northeast corner of Briar Lane Estates Section 3, a subdivision in Hamilton County, Indiana, the plat 93Z /G 5:5" of which is recorded in Plat Book 7, Pages 84 -86 in the Office of the Recorder of Hamilton County, Indiana); thence North 18 degrees 45 minutes 35 seconds West a distance of 201.59 feet to a point on a curve having a radius of 175.00 feet the radius point of which bears North 18 degrees 45 minutes 35 seconds West; thence northeasterly along said curve an arc distance of 62.27 feet to a point which bears South 39 degrees 08 minutes 54 seconds East from said radius point (said point being on a curve having a radius of 325.04 feet the radius point of which bears North 47 degrees 41 minutes 58 seconds East); thence northwesterly along said curve an arc distance of 155.34 feet to a point which bears South 75 degrees 05 minutes 04 seconds West from said radius point; thence South 75 degrees 05 minutes 04 seconds West a distance of 35.00 feet; thence North 14 degrees 54 minutes 56 seconds West a distance of 285.66 feet; thence North 75 degrees 05 minutes 04 seconds East a distance of 35.00 feet to a point on a curve having a radius of 675.00 feet the radius point of which bears North 75 degrees 05 minutes 04 seconds East; thence northwesterly along said curve an arc disfance of 40.89 feet to a point on the south line of said Williamson Run I, Section VI which bears South 78 degrees 33 minutes 18 seconds West from said radius point (the next three described courses being along said south line); thence North 84 degrees 08 minutes 34 seconds East a distance of 50.26 feet; thence South 89 degrees 29 minutes 32 seconds East a distance of 123.14 feet to the southeast corner of said Williamson Run I Section VI; thence North 00 degrees 30 minutes 28 seconds East a distance of 14.39 feet to the Point of Beginning. Containing 16.983 Acres, more or less. TRACT II Part of the North half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana, being described as lobowa Cavaseing at the Northwest corner of the Southeast Quarter of said Section 8; thence South 00 degrees 26 minutes 25 seconds West (Auumed bearing) along the West line of said Southeast Quarter Section a distance of 399.21 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 388.06 feet; thence South 03 dcgrecs 00 minutes 00 seconds West a distance of 37.04 feet; thence South 87 degrees 00 minutes 00 seconds East n distance of 214.91 feet to the BEGINNING POINT of a strip of. land 50.00 feet in width, 25 feet on each side of the following described centerline (said point being on a curve having a radius of 300.00 feet, the radius point of which bears North 85 degrees 22 minutes 13 seconds West); thence southerly along said curve an arc distance of 28.12 feet to a point which bears South 80 degrees 00 minutes 00 seconds East from said radius point; thence South 10 degrees 00 minutes 00 seconds West a distance of 111.43 feet to a curve having a radius of 300.00 feet, the radius point of which bears South 80 degrees 00 minutes 00 'seconds East; thence southerly along said curve an arc distance of 62.83 feet to a point which bears South 88 degrees 04 minutes 00 seconds West from said radius point; thence South 02 degrees 00 minutes 00 seconds East a distance of 53.16 feet to a curve having a radius of 250.00 feet, the radius point of which bears South 88 dcgrecs 00 minutes 00 seconds West; thence southwesterly along said curve an arc distance of 222.53 feet to a point which bears South 41 dcgrecs 00 minutes 00 seconds East from said radius point; thence South 49 dcgrecs 00 minutes 00 seconds West a distance of 212.14 feet to a curve having a radius of 300.00 feet, the radius point of which bears North 49 degrees 00 minutes 00 seconds East; thence southeasterly along said curve an arc distance of 188.50 feet to a point which bears South 13 degrees 00 minutes 00 seconds West from said radius point; thence South 77 degrees 00 minutes 04 seconds East a distance of 78.51 feet to a curve having a radius of 150.00 feet, the radius point of which bears South 13 degr 00 minutci 00 seconds West; thence southeasterly along said curve an arc distance o 202.74 feet to a point which bears South 89 degrees 33 minutes 35 seconds East from said radius 5 point; thence South 00 degrees 26 minutes 25 seconds West a distance of 32.34 feet to the X32 South line of the North half of said Southeast Quarter and the POINT OF TERMINUS. 03/04/93 09:33 '317 8• 2244 CP MORGAN CO 1 I 003 John V. Schneider, P.£., LS. Gary R. Kent, LS. President Edward D. Glacolcu L.S. Stephen M. Cooper, LS. Junes M. Mulryan, L.S. Vice-President of Operations Richard G. Rayback, L.S. Wesley L. Day, L.S. Nancy Ruraschlag Evan J. Evans, L.S. Controller Treasurer SCHNEIDER ENGINEERING CORPORATION Vincent J. Schneider, P.E., L.S. 19174990 Civil Engineers Land Surveyors Land Planners 7 J ..7.9°..? ..7.9°..? d it ,Zo op i r t Y q N RIl AsSv Eo NoRT'fr N V ,�C�, .7/00 oN r 50 7p' :i,.. 1.;) "k ..roc 8 -/7.Y -4.9 g_ 90 3 ,v s97.5 03 1(' .5*-' caR. s/ ..CE,. 'LAND DESCRIPTION (Proposed 20 feet Sanitary Sewer Easement) Part, of Vac South Half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East in Hamilton County, Indiana, described as follows: Begiuniug at a point on the south line of said•half- quarter section distant North 89 zlcgrces 50 minutes 09 seconds West (assumed bearing) 1960.90 feet from the southeast corner of said half quarter section; thence North 89 degrees 50 minutes 09 s.;conds West along said south lint a distance of 20.00 feet; thence North 00 deg: ecs 26 minutes 25 seconds East parallel with the west line of said half quarter section a distance of 1322.47 feet to the north line of said half quarter section; thence South 89 degrees 36 minutes 04 seconds East along said north line a distance cf 20.00 feet; thence South 00 degrees 26 minutes 25 seconds West parallel with said west line a distance of 1322.39 feet to the Beginning Point. Containing 0.607 acres, more or less. 6l7san i. 2/23/93 t 9 °2 /;6g EX HIBIT "A' f ACCEPTANCE OF SANITARY SEWERS EASEMENT The undersigned, being the members of the Carmel Board of Public Works and Safety, hereby accept the foregoing Sanitary ST Sewer Easement and agree to be bound thereby as of this 1 day of April, 1993. CARMEL BOARD OF PUBLIC WORKS AND SAFETY 4 Ted J Yfr'iso Mayor ..//4-14 Rick McKi na•y, Member a eve Brown, Member ATTE -S':'t �sn;.�W.�;J�aries Cler r reasurer This Instrument Recorded MAY 0 6 1993 Sharon K. Cherry, Recorder, Hamilton County, IN 93 zJ