#3216- Deed; TEMPORARY EASEMENT AGREEMENT PARTIAL RELEASE OF MORTGAGE TRUSTEES' DEED A portion of right-of way along Eddy Street, and Colfax Avenue to be used for the Eddy, Colfax, Lasalle Intersection Project (104-033)

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SURVEYOR'S RI_POR'I' FOR I24 EDDY LAND TRUST (PARCEL 4, &) THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART' OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. IIE-S-9971 ON STATE ROAD 23 (EDDY STREET). THE LAST RIGHT-OF-WAY OF EDDY STREET NOR"I'II OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ATTi-IC CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT 119608937 AND DEED DOCUMENT 48729658. THIS LINE WAS THEN EXTENDED SOUTI-I PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT 49750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING TIME REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST R1G1-IT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO TI-IC CAST RIGHT- OF-WAY OF EDDY STREET AT PLA'I`f'ED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN 1XTENDED SOUT1-1 OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF COLFAX AVENUE, EAST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND. TIME SOUTH RIGHT-OF-WAY OF COLFAX AVENUE, EAST OF EDDY STREET WAS ALSO ESTABLISHED FROM EXISTING MONUMENTATION FOUND. MONUMENTS FOUND WERE IN RELATIVE AGREEMENT WITI-I PLATTED DIMENSIONS AS SHOWN ON THE RECORDED PLAT OF SAMUL'•L L. COTTREILL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THERE EXISTS AN OFFSET IN THE ESTABLISHED RIGHT-OF-WAY OF COLFAX AVENUE WHERE IT MEETS EDDY STREET AS A RESULT OF USING EXISTING MONUMENTATION TO ESTABLISH THE RIGHT-OF-WAY. 1T IS THIS SURVEYOR'S OPINION T14AT MONUMENTS FOUND WERE ESTABLISHED WITHIN INDIVIDUAL BLOCKS AS SHOWN ON SAID RECORDED PLAT. THESE MONUMENTS OFFER HE BEST EVIDENCE OF THE ORIGINAL INTENT OF THE LOCATION OF TI-lE R1 THE OF COLFAX AVENUE AND WERE HONORED FOR THIS SURVEY. THE NORTH LINE OF THE 124 EDDY LAND TRUST PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE EAST OF EDDY STREET. TIME SOUTH LINE 01' THE 124 EDDY LAND TRUST PARCEL WAS ESTABLISHED AT RECORDED DISTANCE FROM THE SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE EAST OF EDDY STREET, T HE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY 1NDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. 1-1ES-9971). THE DEGREE OF UNCERTAINTY 1S AS FOLLOWS: RELATIVE POSITIONAL ACCURACY TITLE MONUMENTATION POSSESSION 0.07 FEET (URBAN SURVEY) - NONE THE WEST LINE OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 3 EAST OF T1413, SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION, MONUMENTS USED IN ESTABLISI-]ING RIGHT-OF- WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS NORTH/SOUTI-I AND 1.3':h EAST/W CST, NONE TRIZR.ITORIAL ENGINEERING, LLC WALKERTON, INDIANA JULY 18, 2006 04-1211) S1-IEET 2 0F1-3