HomeMy WebLinkAboutJuanita Whitlock/Utility EasemeAGREEMENT OF TERMINATION AND REVOCATION
AGREEMENT MADE this
between Juanita P. Whitlock
City of Carmel (hereinafter
__ day of 1983, by and
(hereinafter "Grantor") and the
"Grantee");
WITNESSES: ~.
WHEREAS, on the 19th day of July, 1979, Juanita P. Whitlock
executed and delivered to the City of Carmel a certain Drainage
and Storm [~ater Retention Easement, a copy of which is attached
hereto, made a part hereof, and marked Exhibit "A".
~$HEREAS, the City of Carmel, as Grantee under the afore-
mentioned Drainage and Storm Water Retention Easement, rejected
the easement and refused to accept same.
WH'EREAS, the easement as executed by Juanita P. Whitlock
was never submitted for recordation in the office of the
Recorder of Hamilton County, Indiana.
WHEREAS, the parties hereto are desirous of terminating
and revoking the easement herein described.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed as follows:
1. Juanita P. Whitlock, Grantor, and City of Carmel,
¢~rantee, do hereby terminate the Drainage and Storm Water
Retention Easement attached hereto as Exhibit "A"~
2. Grantee does hereby grant, quitclaim and convey to
Juanita P. Whitlock all of its right, title and interest in
and to the easement set forth on Exhibit "A" hereto and in and
to the real estate described therein.
~IN WITNESS WHEREOF, the parties have executed this instrument
on the date first above written.
JUANITA P. ~HITLOCK
CITY OF CARMEL
By:
STATE OF INDI~4A )
) SS:
COUNTY OF HAMILTON )
Before me a Notary Public in and for said County and
State personally appeared Juanita P. Whitlock who acknowledged
execution of the foregoing on this __ dgy of 1983.
My Com. Exp:
Residing in:
Notary Public
STATE OF INDIANA )
) SS:
COUNTY OF IIAMILTON )
Before me a Notary Public in and
personally appeared
representative of the City of Carmel who
of the foregoing on this day of
for said County and State
the duly authorized
acknowledged execution
1983.
.My Com. Exp:
Residing in:
Notary Public
This instrument prepared by:
James J. Nelson
HELMER & NELSON
911 E. 86th Street
Indianapolis IN 46240
257 5394
AND STOItM WATI' i RET
l.his~lndentu~.e ¥1itrles2eth: That Ju,~nita P. Whitlock hereinaf'ter callt.d
%
"Grantor", for and in consideration of the sum of Ten.Dollars
and other valuable consideration, the receipt of which is hereby
acknowledged, do hereby Grant, Ouit Claim and Convey unto the City
of Carmel, Indiana its successors and assigns hereinafter called
"grantee" an easement for the construction, maintenance and repair of
a storm water retention pond and associated drainage facilities, and
appurter~nceS with the granted right to operate the same on, along, in,
upon or across the following described real estate in Itamilton County,
Clay Township, Indiana, to-wit:
Part of the Southeast Ouarter of Section 3i, Township 18 North, .
Range 4 East in Hamilton County, Indiana, described as follows:
Commencing at the Southeast corner of the Southeast Ouarter of
Section 3l, Township 18 North, Range 4 East; thence South 89
degrees 50 minutes 55 seconds Nest (assumed bearing) on the South
line of said Southeast Ouarter 770.00 feet to the Southwest corner
of i.loodland Springs, Eighth Section, as pe.r plat thereof, recorded
in Plat Book 3, pages 125-128 in the Office uP the Recorder of
Itami]ton Count),, Indiana; thence North O0 degrees 09 minutes .05
seconds [.lest on the West line of Said Eighth Section, 4BO.O0 feet;
thence North 42 degrees 39 minutes 05 seconds West 350.00 feet to
the place of beginning of the real estate herein described; thence
South 47 degrees 20 minutes 55 seconds West 65.00 feet; thence
North 49 degrees 51 minutes 35 seconds ¥1est 310.00 £eet; thence
Nortl~ 69 degrees 1,4 minutes 35 seconds West 194.11 feet to the
Easterly right-of-way line of State Road #43] (Keystone Avenue);
(the following two courses and distances being on said right of
way line]; (1) thence North 05 degrees 26 minutes lO seconds East
50.00 feet; (2) thence South 87 degrees 19 minutes O0 seconds
East 52.10 feet; thence continuin~ South 87 de~rees 19 minutes
O0 seconds East 168.52 feet; thence South 42 degrees 39 minutes 05
seconds East 356.85 feet to the place of beginning, containin~
1.038.acrcs, more or less.
Subject to all legal easements and rights.of way.
A map of this easement is attached and marked "Exhibit A"
The easement herein granted shall be permanent and shall burden the
Real Estate. Grantee agrees to protect and hold Grantors harmles~ from
any cost, expense, or liability for any injury to the person or property
of Grantors, their agents, employees, invitee§ guests and licensees,
resulting /'rom this constructio~ or maintenance of the drainage and
retention facilitieg.
Grantor'.expressly reserves unto itself, its'successors and assign:,
all right, title and interest in and to the Real Estate not specifically
cranted to Grantee herein, and Grantee by its acceptance of this grant
o~ Easement ackno~ledges and agrees to such reservation.
As a part of the consideration for this grant of drainage and stor~.
retention pond ea'sement, th~ Grantee agrees that no additional retention
will be required for the property presently known as'¥1oodiand Springs
Riding Academy.' The cost of al~ construction of the retention pond
will be borne by others and no part of said cost will be assessed
against 'the Grantor.
· Legal description a~ched e~nd marked "Exhibit B"
this easement
..Carmel, Indiana this
JUANITA P. %~FiTLOCK as Grantor,
to be executed and delivered to the City
19th day. of Ju]J i 1979.
antor:
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( Juanita P. E%titlock
'ATE OF INDIANA )
)' SS:
~UNTY OF HAMILTON )
Before me, a Notary Public in and for said county and state,
:rsonally appeared Juani%a P. %~itlock who acknowledged the execution
· the foregoing Utility Easement to the City of Carmel, Indiana to
. their voluntary act and deed.
'ITNESS THEIR HANDS AND SEALS THIS 1R%h DAY OF Jt21y, 1979.
Hy CommiSSion ~xpires
Part of the Southeast Quarter of Section 31, Town-
ship 18 North, Range 4 East in Hamilton County, Ind-
iana, more particularly described as follows:
Beginning at a point on the South line of said Quarter
Section, distance South 89° 50 minutes. 55 seconds West
measured along said South line 770 ft. from the South-
east Corner thereof; running thence South 89° 50 min-
utes 55 seconds west and along the said South line
218.95 feet; thence North 0 degrees 9 minutes 5 seconds
West 19 feet'to the northerly line of the ll6th Street
Approach to new State Road 431; thence North 78° 17
minutes 45 seconds West and along said right-of-way
line 102.18 feet; thence South 89° 50 minutes 55
seconds West and along the right-of-way line 175 ft.;
'thence North 0 degrees 9 minutes 5 seconds West 250 ft.;
thence South 89° 50 min. 55 see. West 234.23 ft. to the
easterly right-of-way line of said new State Road 431;
thence North 1° 29 min. 55 sec. West and along said right-
off, ay line 70.95 ft. thence North 1° 23 min. 35 sec.
East and along said right-of-way line 447.94 ft.; thence
North 5° 26 mlnuzes i0 seconds East and along said
right-of-way line 204.32 ft.; thence South 87° 19
minutes Ehst 220.62 fz.; thence South 42° 39 min.
5 seconds East 706.85 fT.; thence Sou~h 0 degrees
9 minutes 5 seconds East 480 f~. to the point of
beginning, containing 11.96 acres, more or less.
EXHIBIT "B"