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HomeMy WebLinkAboutEmerson Road/4th Street - Zajac, MaryCross Reference: Inst. # 9536947 DRAINAGE EASEMENT AGREEMENT 2015022437 EASE $20.00 05/12/2015 09:16:01AM 5 PGS Jennifer Hayden Hamilton County Recorder IN Recorded as Presented 11111111111111111111111111111111111111111111111111111111111111111 KNOW ALL MEN BY THESE PRESENTS that the undersigned, Mary E. Zajac, as the fee simple owners of certain real estate, (hereinafter collectively referred to as "Grantors "), for and in consideration of the sum of $1,800 Dollar and no cent, in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby GRANT, BARGAIN, SELL AND CONVEY UNTO The City of Carmel, Indiana, an Indiana municipal corporation, its successors and assigns (hereinafter referred to as "GRANTEE "), a perpetual drainage easement upon, over, under and across the real estate located in Hamilton County, Indiana, and described and depicted in Exhibit "A ", which is attached hereto and hereby made part hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing the drainage facilities. Grantee shall have the right of ingress and egress over, under, upon and across any land, driveways and roadways located on the surface of the lands owned by Grantors, their successors and assigns, upon and within the boundaries of the easement area, for purposes of access to the easement area. Said easement also includes the rights and privileges to temporarily use, from time to time, additional space, where available and necessary, that is adjacent to the easement area for equipment and materials necessary for the installation, repair and maintenance of Grantee's facilities located in, under, upon, over, and/or across the easement area, to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted, provided Grantee, their successors, agents, or employees restore the portion of the Grantors' property disturbed by their work to a condition that is as near the condition that existed just prior to the time the portion was disturbed by them as is practicable. Grantee also shall have the right from time to time to remove all trees, undergrowth, structures and/or other obstructions above, within, under, or immediately surrounding the easement area which may injure, endanger or interfere with Grantee's use and enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense, except as otherwise set forth herein. Grantors, their successors or assigns, shall not erect or maintain any permanent Cross Reference: Inst. # 9536947 DRAINAGE EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, Mary E. Zajac, as the fee simple owners of certain real estate, (hereinafter collectively referred to as "Grantors "), for and in consideration of the sum of $1,800 Dollar and no cent, in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby GRANT, BARGAIN, SELL AND CONVEY UNTO The City of Carmel, Indiana, an Indiana municipal corporation, its successors and assigns (hereinafter referred to as "GRANTEE "), a perpetual drainage easement upon, over, under and across the real estate located in Hamilton County, Indiana, and described and depicted in Exhibit "A ", which is attached hereto and hereby made part hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing the drainage facilities. Grantee shall have the right of ingress and egress over, under, upon and across any land, driveways and roadways located on the surface of the lands owned by Grantors, their successors and assigns, upon and within the boundaries of the easement area, for purposes of access to the easement area. Said easement also includes the rights and privileges to temporarily use, from time to time, additional space, where available and necessary, that is adjacent to the easement area for equipment and materials necessary for the installation, repair and maintenance of Grantee's facilities located in, under, upon, over, and /or across the easement area, to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted, provided Grantee, their successors, agents, or employees restore the portion of the Grantors' property disturbed by their work to a condition that is as near the condition that existed just prior to the time the portion was disturbed by them as is practicable. Grantee also shall have the right from time to time to remove all trees, undergrowth, structures and /or other obstructions above, within, under, or immediately surrounding the easement area which may injure, endanger or interfere with Grantee's use and enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense, except as otherwise set forth herein. Grantors, their successors or assigns, shall not erect or maintain any permanent structures, obstructions, or other improvements under and /or upon the surface of or over the easement area or perform any act which would impair or interfere with Grantee's use and enjoyment of the easement herein granted. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the rights and easements herein granted shall be used by Grantee upon the terms and conditions specified herein, with ingress to and egress from the easement area, for the purposes of constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements of record. It is agreed that this grant covers all the agreements between the parties and no representations or statements, verbal or written, have been made modifying, adding to or changing the terms of this agreement. The Grantors represent and certify that they are the fee simple owners of the easement area and real estate surrounding the easement area; that Grantors guarantee the quiet possession of the easement area to the Grantee; that the easement area is free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the date of execution hereof, appears of public record; and that, subject to the foregoing, Grantors will warrant and defend Grantee's title to the easement granted hereby against all claims thereon. The person or persons executing this instrument on behalf of Grantors hereby represent that they have the authority to bind Grantors, jointly and individually, to the terms and conditions set forth herein. This instrument may be executed by Grantors in separate counterparts, each of which shall constitute a duplicate original. IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance Individually this, the 1, day of ' { ii , 2015. STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State personally appeared Mary E, Zajac known to me to be the individuals whose name is subscribed to the foregoing instrument and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this 1141 day of 4t . L , 2015. ,F. Notary Public Seal State of Indiana Lance A Stahley Marion County My Commission Expires Dec. 14, 2014 Commission Expiration: wit. 41 1 20i / Notary 'ublic Lortc‘ 57:1-0y&ty Printed Signature County of Residence: f}l1 AiL/OA. CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY Brainard, Presiding Officer s Bra Date: 4 Mary Date: r Lori Watson, • nn Bur .. e, ember L Date: ember ATTEST: Tana L. Cordray, IA C Clerk- Treasurer STATE OF INDIANA COUNTY OF SS: Sandra M Johns Deputy Clerk Fww Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of �utY U of -'eiSa , Carmel Board of Public Works and Safety, and - Diana -h-4 erdray, Clerk- Treasure of the City of Carmel, who acknowledged the execution of the foregoing "Easement Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of (, vl OI5. My Commission Expires: NOTARY PUBLIC Printed Name My County of Residence: - ik'ttM Date: This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic Square, Carmel, Indiana 46032. I affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social Security Number in this document, unless required by law. (t 0 03 kCt S COUNTY: HAMILTON SECTION: 25 TOWNSHIP: 18 NORTH RANGE: 3 EAST EXHIBIT "A" EASEMENT EXHIBIT HATCHED AREA IS THE OWNER: MARY E. ZAJAC APPROXIMATE EASEMENT EASEMENT DESCRIPTION DRAWN BY : CJL 01 -21 -15 CHECKED BY : GWC 15' 0 15' 30' SCALE: 1' = 30' TEN FEET BY PARALLEL LINES OFF OF THE ENTIRE SOUTHWESTERLY SIDE OF LOT 28 IN JOHNSON ADDITION RECORDED IN PLAT BOOK 2, PAGE 26 IN THE HAMILTON COUNTY RECORDER'S OFFICE. CONTAINING 0.021 ACRES, MORE OR LESS. i 00, 142.36' MARY E. ZAJAC INST. #9536947 LOT 28 JOHNSON ADDITION P.B. 2 PG. 26 8? 5' UTILITY STRIP UTILITY & PLANTING STRIP 101.04' I, GEORGE W. CHARLES II, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, DO HEREBY CERTIFY THAT THIS PLOT IS BASED ON THE PLAT OF JOHNSON ADDITION RECORDED IN PLAT BOOK 2, PAGE 26 IN THE HAMILTON COUNTY RECORDER'S OFFICE. NO FIELDWORK WAS PERFORMED AND THEREFORE, THIS DESCRIPTION IS SUBJECT TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD SURVEY MIGHT REVEAL. E, GEORGE W. CHARLES II gwcharles @crossroadengineers.com INDIANA LAND SURVEYOR NO. LS 20800117 NORTH 4th STREET S.W. PREPARED BY: Transportation & Development Consultants 5117 4EI4L4V DR RL01 GM VI 4107 (517) 780-I555 LETTER OF TRANSMITTAL Date: April 24, 2015 To: Doug Haney Department of Law From: Jeremy Kashman Department of Engineering RE: Little Cool Creek — Emerson Drive Drainage Project Doug, please see the attached parcel easement agreement, W -9, and easement exhibit for Mary E. Zajac to be approved at the May 6th BPW meeting for payment. Thank you.