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HomeMy WebLinkAbout96th/westfield - Bowen, Eugene0 0 Form PHE-1 8/98 200500026320 Filed tor Record in HAMILTON COUNTY? INDIANA JENNIFER J HAYDEN 05-04-2005 At 11:32 nm. EASEMENTS 16.00 PERPETUAL HIGHWAY EASEMENT Project: 04-1 1 Parcel: 22 Page: 1 of 3 THIS INDENTURE WITNESSETH, That Eugene S. Bowen, 11 the Grantor(s), of Hamilton County, State of Indiana Convey(s) and Warrant(s) to THE CITY OF CARMEL, INDIANA, the Grantee, for and in consideration of the sum of One Thousand Eight Hundred Fifty Five Dollars (51.855.00) (of which said sum $-0- represents land encumbered and improvements acquired and $1 855.00 represents damages) and other valuable consideration, the receipt of which is hereby acknowledged, a perpetual easement and right of way in, under and upon certain Real Estate situated in the County of Hamilton , State of Indiana, and which is more particularly described in the legal description(s) attached hereto as Exhibit "A" of which exhibit is incorporated herein by reference, for the purpose of the construction, reconstruction, maintenance, operation and repair thereupon of a highway facility and appurtenances thereto, which said appurtenances may include but are not limited to, ditches and drainage facilities, slopes, rip rap, culverts, and like features necessary for the said highway facility. This conveyance is subject to any and all easements, conditions and restrictions of record. K1 q I��SLIo Interests in land acquired by the Indiana HGI Landacq 128 Torey Pine Dr. Indianapolis, IN 46112 I.C. 8-23-7-31 This Instrument Prepared By: Stephen]. Klineman. Attorney at Law 8765 Guion Rd., Suite D Indianapolis, IN 46268 0 Project: 04-11 Parcel: 22 Page: 2 of 3 Grantee, its employees, agents, contractors, subcontractors and assigns shall have the right to enter in, under, over, along and upon the area of the said right of way conveyed herein at will to construct, reconstruct, maintain, and continue to operate the highway facility and appurtenances thereon and to remove from the said area any encroaching trees or other vegetation, buildings or other obstructions to the free and unobstructed use of the said right of way, and to make such alteration and improvements to the highway facility and appurtenances as the Grantee may deem necessary or useful. The Grantee may also, without further permission of the Grantor(s) or the Grantor(s) successors in title, bargain, convey or otherwise permit the use and/or occupancy of the area of the said right of way to place, replace, repair or maintain utility facilities. Grantor(s) and their successors in title, covenant(s) and agree(s) not to erect, maintain or allow to continue within the area of the said right of way any building, structure, fence, plantings or other obstruction to the Grantee's free and unobstructed use of the said right of way, highway facilities or appurtenances thereto without the prior express written permission of the Grantee. Such permission shall not be effective unless and until recorded. Grantor(s) warrant(s) that he is the owner(s) in fee simple of said Real Estate, lawfully seized thereof and has/have a good right to grant and convey the foregoing easement; warrant(s) the quiet use and enjoyment thereof; warrant(s) that said Real Estate is free from all encumbrances inconsistent with the Grant contained herein; and warrant(s) that he will defend Grantee's title in said easement and right of way against all claims. This easement and right of way granted herein, and its associated benefits and obligations, shall run with said Real Estate. This indenture shall bind and inure to the benefit of the successors and assigns of the Grantee. 0 0 0 Project: 04-11 Parcel: 22 Page: 3 of 3 IN WITNESS WHEREOF, the said Grantor(s) has executed this instrument this / 7 day of —k' ^ C.Jcz , 200 S 9gr. .� eieS ,� n Euge S. Bowen, I1 STATE OF a�CX, COUNTY OF SS: Before me, a Notary Public in and for said State and County, personally appeared Fueyene. 5. (30,.uen , the Grantor(s) in the, above conveyance, and acknowledged the execution of the same on the date aforesaid to be k15 voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true. 4y4A!ifo'e.`is`, my hand Notarial Seal this Sig 'aturw --4 r- C L Printed.Nge , • r7 day of My ConiitTigic°'ija e. Aires I am a resident of County. . 200 S. STEPHEN J. KLINEMAN Notary Public, State of Indiana County of Mahon My Commission Expires Apr. 16, 2008 EXHIBIT "A" Project: 04-11 Sheet 1 of 1 Parcel 22A Permanent Drainage Easement A part of Lot 36 in Hamilton I-Ieights Addition, the plat of which is recorded in Deed Record 139, page 314 in the Office of the Recorder of Hamilton County, Indiana, described as follows: Commencing at the southeast corner of said Lot 36; thence South 89 degrees 56 minutes 31 seconds West (bearing assumed) 74.94 feet (75 feet plat) along the south tine of said Lot; thence along the southwestern line of said Lot Northwesterly 31.48 feet along an arc to the right having a radius of 20.00 feet and subtended by a long chord having a bearing of North 44 degrees 58 minutes 03 seconds West and a length of 28.33 feet; thence North 0 degrees 07 minutes 23 seconds East 24.94 feet along the west line of said Lot to the point of beginning of this description; thence continuing North 0 degrees 07 minutes 23 seconds East 155.00 feet along said west line to the northwest corner of said Lot; thence North 89 degrees 56 minutes 31 seconds East 15.00 feet along the north line of said Lot; thence South 0 degrees 07 minutes 23 seconds West 170.28 feet; thence North 44 degrees 26 minutes 00 seconds West 21.38 feet to the point of beginning and containing 2440 square feet, more or less. This description was prepared for the City of Carmel by Michael L. Bishop, Indiana 0 Registered Land Surveyor, License Number S0511, on the 23`d day of November, 2004.