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Home My WebLink AboutRohrer, JoannDULY ENTERED FOR TAXATION Subject to final acceptance for transfer g_day of tcfi>atc- , 20.E I/41,k 77 J?7, PIA? Auditor of Hamilton County Parcel #/7_ _oo- oo - oVs °Do This Deed is exempt from the Indiana Disclosure of Sales Information requirements pursuant to Exemption #3. 200400086236 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 12 -27 -2004 At 11:20 an. DEED 26.00 A COPY OF THIS DEED IS BEING RECORDED DUE TO LOSS OF ORIGINAL DEED AND COVENANTS Joann E. Rohrer, an adult individual ( "Grantor "), of Hamilton County, Indiana; for the sum of Ten Dollars (510.00) and other consideration, the receipt and sufficiency of which are hereby acknowledged, quitclaims to the CITY OF CARA9EL, INDIANA ( "Grantee ") the following described real estate (the "Rea] Estate ") located in Hamilton County. Indiana: See Exhibit A attached hereto and made a part hereof Grantor retains and shall own all riuhts available under the law which may now or hereafter exist in favor of the owner of the Real Estate with respect to fiber optic cable or other telecommunications system(s) which is (are) presently installed,_ or in the future may be installed, below the surface of the Real Estate. Notwithstanding the foreuoinu, relocation of said cables or system(s) and /or authorization of new cab le or system(s) and/or the right to authorize the installation of any new or additional cables or system(s) shall take place only with the consent of the Grantor and Grantee. Grantee will use the Real Estate as a linear park and recreational trail for activities including_ but not limited to, bicycling', exercisinu, waikinu, hiking, running and roller biadina . As part of the consideration for this conveyance, Grantee covenants as follows: The trail on the Real Estate will be closed from sunset to sunrise. with the exception of occasional special events, e.g. a Christmas luminary walk. 2. The trail will be monitored and patrolled at irregular intervals by trained law enforcement personnel using electrically powered or other silently powered vehicles during the hours it is dosed. 3. The trail will also be monitored and patrolled at irregular intervals by trained law enforcement personnel using electrically powered or other silently powered vehicles during the hours in which it is open. 4. Granteeor its designee will maintain natural vegetation as an, on average; twelve foot (12') barrier on the outer edges of the trail so that, in general, there will be a continuous barrier of trees, brambles, undergrowth, raspberry -type bushes and /or other similar thick vegetation running the entire length of the outer edges of the trail. In areas where no such natural vegetation barrier currently exists, Grantee will consult with Grantor and plant appropriate vegetation. The construction of the trail will take place during normal constriction daylight hours. 6_ Access to the trail will be provided only through publicly owned property unless a particular adjoining landowner or neighborhood association requests other access in the area. 7. Bollards (security posts) will be placed and maintained across the entrances to the trail. 8. Dedicated trail parking will be provided; the adequacy of which will be periodically_ reassessed by Grantee as the usage of the trail is monitored. 9. Trash pickup along the trail will be performed with sufficient frequency to insure that the trail remains substantially trash -free. 10. The use of firearms and motorized vehicles on the trail, other than emergency and otherofficial vehicles, including, but not limited to, law enforcement_ fire, medical and maintenance vehicles and motorized wheelchairs being used by handicapped persons, will be prohibited. '.'ODMA MHOD.\IAUO1.`30.1\ 97 11 _ The trail will not now. nor in the future. be used as a Iight or heavy rail, bus or other motorized mass transit system. Grantor hereby represents that she is the surviving spouse of Marion R. Rohrer. who died a resident of Hamilton County, Indiana, on August 17, 1997. All the foregoing covenants of Grantee and all rights which are retained by Grantor with respect to the fiber optic cable or other telecommunications system(s) shall be for the benefit of the following described real estate located in Hamilton County, Indiana, and shall run with the land: See Exhibit B attached hereto and made a part hereof The parties hereto shall have the right to enforce the terms of this instrument in accordance with all remedies available both at law and in equity. 2000. IN WITNESS WHEREOF. Grantor has executed this instrument this 19th day of January, aawK- e oann E. Rohrer "Grantor" 3 STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) ACKNOWLEDGMENT Before me, a Notary Public in and for said county and State, personally appeared Joann E. Rohrer who acknowledged the execution of the foregoing Deed and Covenants. Witness my hand and Notarial Seal this 19 "' day of Janu My Conmissi-oFEx- Aires: NIL LIAM D. OLSEN ,.e a. Com. Ex;,: 6-30 -00 kes. of Hsm ton Co. Sismature Printed Resident of Notary Public County, Indiana This instrument prepared by Douglas C. Haney, Esq., Attorney -at -Law, One Civic Square, Cannel, Indiana 46032. Send Tax Statements to: oow.mwoDNI. _104 City of Cannel One Civic Square Carmel, IN 46032 4 EXHIBIT A PARCEL NO. 09- 24- 00 -00- 017.000 MONON CORRIDOR MARION R. AND JOANN E. ROHRER Part of the West Half of the Northeast Quarter Of Section 24, Township 18 North, Range 3 East, Hamilton County, State of Indiana, and more particularly described as follows: Commencing at the Southwest Corner of the West Half of the Northeast Quarter of Section 24, Township 18 North, Range 3 East; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) 321.75 feet to the Southeast corner of a parcel described in deed record 232 page 212 as recorded in the Office of the Hamilton County Recorder, and the Southwesterly right -of -way of the Monon Railroad and the Point of the Beginning; thence Northwesterly along a curve to the right 923.40 feet along said right -of -way line; thence Easterly 33 feet to the centerline of said right -of- way; thence Southeasterly along a curve to the left 1001.90 feet along said centerline; thence North 90 degrees 00 minutes 00 seconds West 39.11 feet to the Point of Beginning and containing 0.70 acres more or less. Certified: March 28, 1998 Michael L. Crawford, Regi -1e /ed Land Surveyor, No 890004, State of Indi PARCEL NO. : 24- 00 -00- 017.000 PROJECT NO. : 97031 COUNTY : HAMILTON SECTION : 24 TOWNSHIP : 18 N RANGE : 3 E SW Corner of W Holf of NE Quarter 33' G LID s_ EXHIBIT A OWNER : MARION R. AND JOANN E. ROHRER DEED RECORD : 232/212 DRAWN BY : J.B.R. CHECKED BY : M.L.C. Hatched Area = R/W Taking Res. Area = 2 Acres G 01 24- 00 -00- 017.000 19.5 rods (SIC) SCALE : = 200' L: CR4i,, ",, ��•'G \SrE4 22 . Ott No. *I 890004 • STATE OF o ....it/0 .•. ,19s. D Total Arco = R/W Existing = Net Total Area = 2.70 Acres 0 Acre 2.70 Acres EXHIBIT B PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST; BEGINNING AT THE SOUTHWEST CORNER OF SAID WEST HALF AND RUNNING THENCE NORTH 30 RODS TO THE LINE OF THE MONON RAILROAD; THENCE SOUTHEASTERLY WITH THE SAID LINE TO THE SOUTH LINE OF SAID WEST HALF OF SAID QUARTER; THENCE WEST 19 1/2 RODS TO BEGINNING. CONTAINING TWO ACRES, MORE OR LESS.