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HomeMy WebLinkAbout001-86 S Grant of Easement GRANT OF EASEMENT THIS INDENTURE, made this day of January, 1986, by and between Bauer Commercial Park Family Corp. , Inc. , an Indiana corporation (hereinafter called "Grantor" ) , and the City of Carmel, Indiana (hereinafter called "Grantee" ) , WITNESSES TIIAT: For and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, the Grantor, itself, and its successors and assigns does hereby grant and convey unto the Grantee, its grantees, successors and assigns, ("hereinafter called "Grantee" ) a perpetual utility and drainage easement upon the real estate described in Exhibit "A" attached hereto and made a part hereof. The Grantee, shall have the right to enter along, over and upon said easements to construct, install, repair, relocate, service and maintain such sewers, drains and appurtenances as it may deem necessary; to make such alterations and improvements in the facilities thereof as may be necessary or useful ; provided however, that after the performance of any such work on such easement the Grantee shall restore the area disturbed thereby to as near the condition it was in just prior to such work as is practicable. It is a condition of this Grant of Easement that surface water drainage shall only be permitted on and over the south fifteen feet of this easement. Grantor herein covenants for itself, its grantees, successors and assigns that it will not erect or maintain any buildings or other structures upon the land subject to this easement. IN WITNESS WHEREOF, the Grantor, by its duly authorized Agent, has caused this indenture to be executed the day and year first above written. BAUER COMMERCIAL PARK FAMILY CORP. , INC. Attests: By: Harry Baue , Present -4A-Aytedd4d, -- Avanelle Hoson, Secretary STATE OF INDIANA) COUNTY OF `J ) On this day of January, 1986, before the undersigned, a Notary Public in and for said County and State, personally appeared the Grantor herein, by Harry Bauer and Avanelle Hodson its President and Secretary, respectively, who acknowledged the execution of the above and foregoing grant of easement to be the voluntary act and deed of the said Grantor. WITNESS MY HAND and Notarial Seal . Notary Pu is My commission expires: 9P( a resident of e . �County, Indiana This instrument was prepared by: Walter E. Wolf, Jr. , KLINEMAN, ROSE and WOLF, One Indiana Square, Suite 2130 Indianapolis, Indiana, 46204 Telephone: (317 ) 639-4141 - 2 - 1342b/WEW/1 -R-R6 DESCRIPTION - NORTH SIDE OF DITCH EXHIBIT "A" EASEMENT DESCRIPTION A stript of ground in the South Half of the Southwest Quarter of Section 8 , Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, which is twenty five feet in width by parallel lines and which has its South line as follows : Commencing at a point on the South line of the Southwest Quarter of said Section 8 which is 325 . 00 feet North 90 degrees 00 minutes 00 seconds East (assumed bearing) from the Southwest corner of said Southwest Quarter Section; thence North 00 degrees 05 minutes 50 seconds East 344 . 00 feet to the Place of Beginning; thence North 47 degrees 06 minutes 18 seconds East 310 . 68 feet; thence North 52 degrees 18 minutes 23 seconds East 90 . 78 feet; thence South 84 degrees 19 minutes 01 seconds East 50 . 61 feet; thence South 78 degrees 57 minutes 47 seconds East 128 .61 feet; thence South 76 degrees 14 minutes 07 seconds East 215 . 76 feet; and there terminating.