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HomeMy WebLinkAboutIllinois Perpetual Drain - Fidelity Office ParkO Project No.: 116th Street & Sprinq Mill Road / Illinois Street Parcel: 5 Page: 1 of 3 PERPETUAL DRAINAGE EASEMENT THIS INDENTURE made this !ern. day of TU -r -I 20 0S by and between Fidelity Office Park II, L.P., an Indiana Limited Partnership (hereinafter called "Grantor") and the City of Carmel, Indiana, (hereinafter called "Grantee"); its successors and assigns, for and consideration of the sum of Thirteen Thousand Four Hundred Fifty and no/100 Dollars ($13,450.00 ) (of which said sum $ -0- represents land encumbered and improvements acquired and $13,450.00 damages) and other valuable consideration, the receipt of which is hereby acknowledged, a perpetual easement in and over the following described real estate (hereinafter referred to as the "EASEMENT REAL ESTATE") in Hamilton County, Indiana. WITNESSETH THAT: WHEREAS, Grantee must obtain from Grantor a perpetual drainage easement for construction of a project known as 116`h Street & Sprinq Mill Road / Illinois Street and WHEREAS, Grantor must grant a perpetual drainage easement to Grantee, as described and incorporated herein, as by reference, a drainage facility will be established and maintained, or to otherwise assure satisfactory drainage. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other valuable consideration, the receipt of which is hereby acknowledged, Grantor for itself, its successors and assigns, does hereby grant, convey and warrant unto Grantee a perpetual drainage easement, with the right, privilege and authority in Grantee to maintain, repair, continue and improve the drainage facilities described in Exhibit "A" located under, upon, over and across the real estate owned by Grantor and situated in the County of Hamilton, State of Indiana, attached hereto and incorporated herein by reference. A diagram map showing the route, courses and distances through the above real estate and the width of the easement is attached hereto and incorporated herein by reference as Exhibit „B„ Grantee shall have the right to enter along, under, over and upon said easement to install, repair, maintain and continue such Drainage Facilities and to make such alterations and improvements to the Drainage Facilities as Grantee deems may be necessary or useful. Grantee shall also have the right of ingress and egress, for temporary periods only, over Grantor's property adjoining said easement when necessary to install repair, maintain, continue or improve the drainage facilities. Grantee shall not otherwise enter upon Grantor's real estate adjoining said easement. Grantee may remove any structure, pavement or landscaping on the easement to inspect and/or maintain the Drainage Facilities without liability for replacement or repair of such structure, pavement or landscaping. 2007063256 EASEMENTS $23.00 11/09/2007 11:40:51A 6 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in the document, unless required by law—Michael S. Walsh 0 0 - EXHIBIT "A" Project: Illinois Street Sheet 1 of 1 Parcel 5A Permanent Drainage Easement A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows: Commencing at the northwest comer of said Northwest Quarter; thence North 89 degrees 17 minutes 10 seconds East 117.50 feet along the north line of said Northwest Quarter to the southwest corner of the Southwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 88 degrees 32 minutes 54 seconds East 684.01 feet along the north line of said Northwest Quarter to the northwest comer of the grantor's land; thence South 0 degrees 11 minutes 21 seconds East 140.03 feet along the west line of said grantor's land to the point of beginning of this description; thence North 63 degrees 15 minutes 35 seconds East 27.92 feet; thence South 0 degrees 11 minutes 24 seconds East 475.52 feet to the south line of the grantor's land; thence South 89 degrees 48 minutes 39 seconds West 24.99 feet along said south line to the southwest corner of the grantor's land; thence North 0 degrees 11 minutes 21 seconds West 463.04 feet along the west line of the grantor's land to the point of beginning and containing 0.269 acres, 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 h` day of June, 2004. 34 EXHIBIT A RIGHT—OF—WAY PARCEL PLAT Prepared For City of Carmel By American Consulting. Inc. 8 0 0 w 0 0 0- a._ 1 y L O 0'm y 2 p N O U` W 8 k 3 Gas Line Easement Inslr No.. 9709747456 SHEET 1 OF 2 o s SCALE: 1"•2007 100 4D LINE `C` & SECTION UNE- y/may �y�/ '66th ireet 8J/ Oj7�7��i�✓'Iiii%%��� Sale"�333�rT� acr ' ENV r.9 2 :s`��.P.?.c�� _ I J �%// yIJ EXISTING R/W a l r 4 W J 205+00 _TEMP RP/ FOR DRIVE CONSTR. PERMANENT DRAINAGE EASEMENT Gas Una Eosement • 1 Instr. No 9709747457 L Electric Line Eosement —Deed Book 276, Poge 537 I i 0 tl LJ 91 3 35 Water Line Easement Oeed Book 321, Page 17 Telephone Easement Deed Book 331, Poge 502 M J Non --exclusive Utility, Drainage and Access Rood Easement Oeed Book 319, Page 131 n i I 1 Sanitary Sewer Easement Deed Book 321. Page 30 O Sanitary Sewer Easement Inslr. No, 8824054 V,/,/////1/0d HATCHED AREA IS THE APPROXIMATE TAKING OWNER: PARCEL: 5 CODE: PROJECT: ROAD: ILLINOIS STREET COUNTY: HAMILTON SECTION: 2 TOWNSHIP: 17 NORTH RANCE: 3 EAST FIDELITY OFFICE BUILDING II, L.P. DRAWN BY: CHECKED BY: MLS DES. NO,: WARRANTYLDEED---INSTR-No-92-00222DATED DECEMBER 30,1991 WARRANTY DEED - INSTR. No. 9709718947 ATED 1.1997 WARRA., NTY DEED -INSTR No.9809830248 DATED JUNE, THIS PLAT VAS PREPARED PROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY,