HomeMy WebLinkAboutRelease of Ingress and Egress Easement - LegalDocuSign Envelope ID: OCD3F9CC-5635-4395-A495-376EA75AABCC
CROSS REFERENCE:
Easement for Use of Driveway in Common
recorded Inst. No. 4505, Book 274 Page 218
in the office of the Recorder of Hamilton County, Indiana.
Special Warranty Deed recorded Inst. No. 2017010008
in the office of the Recorder of Hamilton County, Indiana.
County Parcel No. 16-09-36-00-00-008.001
2021067886 REL $25.00
09/17/2021 11:37:02AM 13 PGS
Jennifer Hayden
Hamilton County Recorder IN
Recorded as Presented
111111I 1111111 III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII TGR
RELEASE OF INGRESS AND EGRESS EASEMENT
THIS RELEASE OF INGRESS AND EGRESS EASEMENT is executed the day and year written
below, by THE CITY OF CARMEL, INDIANA (the "City"), by and through its Board of Public Works
and Safety.
1. The City is the fee simple owner of the real property conveyed by the deed referenced
above, which is more particularly described in Exhibit A, attached hereto and incorporated herein by this
reference (the "Property").
2. On April 17, 1974, E.R. Edwards and R. A. Delello, previous owners of the Property, and
Railroadmen's Federal Savings and Loan Association of Indianapolis, owner of the adjoining parcel east
of the Property, executed a mutual ingress and egress easement titled Easement for Use of Driveway In
Common across certain property located in Hamilton County, Indiana (the "Original Easement"), which
is attached hereto as Exhibit B and incorporated herein by this reference.
3. The Original Easement was recorded as Instrument No. 4505, Book 274 Page 218 in the
Office of the Recorder of Hamilton County, Indiana.
3. The City, a successor in interest to the Original Easement, is now seeking to redevelop the
Property and no longer requires the Original Easement.
4. Pursuant to Resolution No. BPW 09-15-21-05, the City has determined that the Original
Easement is no longer necessary for any City purpose. The City hereby releases all rights the City has to
and under the Original Easement. Notwithstanding the foregoing, the City's release of the Original
Easement is not, and will not be, construed to be the consent or release by any other party, who may have
or claim to have rights under the Original Easement. '
Executed this 15 day of September, 2021.
❑ocuSign Envelope ID= OCD3F9CC-5635-4395-A495-376EA75AA9CC
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
Not Present
James Brainard, Presiding Officer
Date: ---------
- W.
Ikavy a. &.,C-
Marynn Burke, Member
Date: 9/15 /2 021
Zern (Alaisel...
ori`ff-Watson Member
Date: 9/15/2021
ATTEST: °^°
=s- w.►F�..3
Sue Wolfg an
Date: 9J15h021
STATE OF INDIANA )
) SS: Notary Public State of Indiana - Commission # NP0723135
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared -JA-? f -� - -
BRA-INAR13, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the
Members of the City of Carmel Board of Public Works and Safety, and SUE WOLFGANG, Clerk of the
City of Carmel Board of Public Works and Safety, who acknowledged the execution of the foregoing
"Release of Ingress and Egress Easement" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 15 day of September , 2021.
NOTARY PUBLIC
My Commission Expires: Jennifer Stites
10/2 2 /202 7 Printed Name
My County of Residence: Hami I ton
This instrument was prepared by Sergey G. Grechukhin, Assistant Corporation Counsel, One Civic
Square, Carmel, Indiana 46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
Number in this document, unless required by law.
Jennifer t Stites
Notary Public Seal State of Indiana
Hamilton County
Commission Number NP0723135
My COMMISsson Expires 1=21202
DocuSign Envelope ID: OCD3F9CC-5635-4395-A495-376EA75AABCC
EX HBIT A
Part of the Northeast Quarter of Section 36, Township 18 North, Range 3 East, Second
Principle Meridian, Hamilton County, Indiana, more particularly described as follows:
Beginning at a point on the east line of said Northeast Quarter which bears south 00 degrees
00 minutes 00 seconds (assumed bearing) 1588.00 feet from the northeast comer thereof, thence
south 89 degrees 28 minutes 00 seconds west 386.68 feet to a point on the center line of the
old interurban right-of-way, which is now a 66-foot wide power line easement recorded in Deed
Record 130, page 200, in the office of the Recorder of Hamilton County, Indiana, thence along
said center line south 00 degrees 04 minutes 15 seconds west 215.43 feet; thence south 89
degrees 42 minutes 30 seconds east 223.93 feet to the southwest comer of a parcel as described
in a Warranty Deed recorded in Book 272 on page 452 in said Recorder's office (the next two
courses are along said parcel); 1) thence parallel with the east line north 00 degrees 00 minutes
00 seconds west 151.83 feet, 2) thence south 89 degrees 46 minutes 00 seconds east 163.00
feet to a point on the east line of said Northeast quarter which bears south 00 degrees 00
minutes 00 seconds east 69.00 feet from the point of beginning; thence North 00 degrees 00
minutes 00 seconds 69.00 feet along said East line to the Point of Beginning, containing 1.37
acres, more or less.
.,.
DOeuSign Envelope ID:OCD3F9CC-5635-439SA49S376EA75AAHCC
erxrtw 8
4505 uoox 2'74 2�I. -
EASEMENT FOR USE OF DRIVEWAY IN COMMON
THIS AGREEMENT, made and entered into thisl7±hday of
April, 1974, by and between RAILROADVEN'S FEDERAL SAVINGS AND
LOAN ASSOCIATION OF INDIANAPOLIS, Marion County, State of Indiana,
hereinafter called "First Party", and E. R. RbwARDS and R. A.
DELELLO.asrpartners d/b/a DEDCO, a partnership, of Hamilton
County,.State; of,Indiana,_hereinafter called "Second Party".
WITNESSETH�THAT: 7hls Instrmaed Records 14 9
RUNE M. NEOGES, RECORD , HAMJLi0N CNINMA in
i+mr&AS, First Party is the owner of the following described
real property located in Hamilton County, State of Indiana, to -wit:
Part of the Northeast Quarter of Section 36, Township
18 North, Range 3 East in Hamilton County, Indiana,
more particularly described as follows: Beginning on
the East line of the Northeast Quarter of Section 36,
Township 18 North, Range 3 East 1657.OD feet South 00
degrees OD minutes 00 seconds (assumed bearing) from
the Northeast corner thereof; thence North 89 degrees
46 minutes 00 seconds West 163.00 feet; thence South
00 degrees 00 minutes 00 seconds parallel with the
said East line 151.83 feet to the North right of way
line of Gradle Drive; thence South 89 degrees 42
minutes 30 seconds Seat on and along said right of
way line 163.00 feet to the East line of said North-
eastern Quarter; thence North 00 degrees 00 minutes
00 seconds on and along said East line 152.00 feet to
the place of beginning, containing 0.57 acres,more
or less. Subject to all legal easements and rights of
way,
which said real property adjoins the hereinafter described real
property of Second Party on the west and north;. and
EXHIBIT B
DocuSign Envelope ID:OCD3F9CG5635A395-A4W376EA75AABCC
wxIDrax-nrr.s,
aoo� 2'74 219
WHEREAS, Second Party is the owner of the following .
described real property located in Hamilton County, State of
Indiana, to -wit:
Part of the Northeast Quarter of Section 36, Township
18 North, Range 3 East in Hamilton County, Indiana,
more particularly described as follows: Beginning on.
the East line of the Northeast Quarter of Section 36,
Township 18 North, Range 3 East 1588.0 feet South 00
degrees 00 minutes 00 seconds (assumad bearing) of the
Northeast corner thereof; thence South 89 degrees 28
minutes 00 seconds West 386.65 feet to the centerline of the old
interurban right-of-way (now a 66 foot power line easement);
thence South 00 degrees 04 minutes 15 seconds West on
and along said centerline 215.43 feet to the North line
of Cradle Drive; thence South 89 degrees 42 minutes 30
seconds East on and along the North line of said Cradle
Drive 223.91 feet; thence North 00 degrees 00 minutes
00 seconds parallel with the East line of said Quarter
151.83 feet; thence South 89 degrees 46 minutes 00 seconds
East 163.0 feet to the East line of said Quarter; thence
North 00 degrees 00 minutes 00 seconds on and along said
East line 69.0 feet to the Beginning Point; containing
1.37 acres, more or less. Subject to all legal easements
and rights -of -way,
which said.real property adjoins the above described real property
of First Party on the east and south; and
WHEREAS, it is the desire and intent of all" the parties
hereto to lay out and establish certain curb --cuts and driveways
for ingress and egress across both properties for the mutual
benefit and use in common of the parties hereto and customers -
thereof and their respective successors and assigns who may
hereafter be the owners of either of the above described parcels
of real property, said curb -cuts and driveways to be located on
and along either side of the North and West boundary lines of
property of.the First Party as shown on Exhibits A and B
attached hereto and made a part hereof.
-2-
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DocuSign Envelope ID:OCD3F9CC-5635-4395-A495-376EA75AABCC
MERIDIAN TIME
BOOK 27 � ex� /G 20
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that
for and in consideration of the mutual covenants and agreements
hereinafter contained and set forth, and in consideration of
the benefits and advantages to be obtained and derived by each
of the parties hereto by reason of the establishment and
maintenance of said curb --cuts and driveways, the said parties
hereto do hereby.mutually,promise, covenant and agree as follows,
1. The parties hereto do hereby agree that curb -cuts
and driveways shall be laid out, paved and maintained for their
mutual use in common over and across a strip or parcel of land
twenty-six (26) feet in width; said curb -cuts and driveways
shall be so located that the center line thereof shall coincide
-with the boundary line between the lands of the parties hereto
with thirteen (13) feet on either side of said boundary.
2. First Party does hereby convey and grant unto
Second Party a perpetual right and easement, for the purpose
of -said curb -cut and driveway, over and across the strip or
parcel of land described as follows:
A strip of ground thirteen (13) feet in width by parallel
lines to be used as a mutual easement for ingress and
egress to real estate in a part of the Northeast Quarter
of Section 36, Township 16 North, Range 3 East, the
perimeter of said easement being described as follows:
-3-
3
DocuSign Envelope ID: OCD3F9CG5635.4395-A495 376EA75AABCC
ME MEAN TITLE S. - -
M
avc L.274 f _ 221
Beginning on the East line of the Northeast Quarter
of Section 36, Township 1B North, Range 3 East, 1657.00
feet South 00 degrees 00 minutes 00 seconds (assumed
bearing) of the Northeast corner thereof at a common
property corner; thence North 89 degrees 46 minutes 00
seconds West on and along the South line of the North
adjoining property 163.00 feet to the East line of the
West adjoining property; thence South 00 degrees 00
minutes 00 seconds on and along said adjoiner's East
line parallel with the East line of said Northeast
Quarter 151.83 feet to the North right-of-way line of
Gradle Drive; thence South 89 degrees 42 minutes 30
seconds East on and along said North right-of-way line
13.00 feet; thence North 00 degrees 00 minutes 00 seconds
parallel with said East line 138.84 feet; thence South
89 degrees-46 minutes 00 seconds East 150.00 feet to the
East line of said Quarter; thence'North 00 degrees 00
minutes 00 seconds on and along said East line 13.00
feet to the Beginning Point.
3. Second Party does hereby convey and grant unto,
First Party a perpetual right and easement, for the•purposa
of said curb -cut and driveway, over and across the strip or
parcel of land described as follows;
A strip of ground thirteen (13) feet in width by parallel
lines to be used as a mutual easement for ingress and
egress to real estate in a park of the Northeast Quarter
of Section 36, Township 18 North, Range 3 Eabt, the - .
perimeter of said easement being described as follows:
Beginning on the East line of the NortheastQuarter-ofSection 36, Township 18 North, Range.3 East 1644.00 feet
South 00 degrees 00 minutes 00 seconds (assumed bearing)
of the Northeast corner thereof; thence North 89 degrees
46 minutes 00 seconds West 176.00 feet; thence South 00
degrees 00 minutes 00 seconds parallel with the East line
of said Northeast Quarter 164.82 feet to the North right-
of-way line of Gradle Drive; thence South 89 degrees 42
minutes 30 seconds East on and along said North right-of--
way line 13.00 feet to a point on the West line of the
East adjoining property, 163.00 feet North 89 degrees 42
minutes 30 seconds West of the East line of said Northeast
Quarter; thence North 00 degrees 00 minutes 00 seconds on
and along said adjoiner's West line parallel with said
East line 151.03 feet to the North Zine of said East
adjoining property; thence South 89 degrees 46 minutes
00 seconds East 163.00 feet on and along said adjoiner's
North line to the East line of said quarter; thence North
00 degrees 00 minutes 00 seconds on and along said East
line 13.00 feet tq-the Beginning Point.
-4-
h:.?.C!Ra
Oocu5lgn Envelope ID:OCD3F9CC-5635A39SA495-376EA75AABCC
222
4. ,Said curb -cuts and driveways over and across said
above strips or parcels of land, as soon as reasonably possible,
shall be surfaced, in accordance with plans and specifications
mutually agreeable to the parties, and the cost of such
improvement shall be paid by the parties hereto in equal shares.
Thereafter, saki curb -cuts and driveways shall be kept and
maintained in good condition and state of repair, and the -cost
of such maintenance shall•be borne by the parties hereto in
equal shares.
S. It is further agreed by the parties that the
customers.of First Party shall have the right to use'the
adjacent parking area of Second Party to the north and west of
First Party's land.
S. Second Party shall not sell any additional property
described in the survey of Weihe Engineers, Inc. dated April 1,
1974, and attached hereto as Exhibit C, for use as a financial '
institution.
7. The covenants and agreements herein. contained'and _
set forth shall for all purposes be construed and considered
as covenants and agreements running with the title to each ,
Of the above described parcels of real property owned by the
parties hereto, their respective heirs, devisees, legal
representatives and assigns, except for paragraph 6.
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MERIDIAN T17•i.E
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IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this•the day and year first above written.
RAILROADMEN'S FEDERAL SAVINGS AND
LOAN ASSOCIATION OF INDIANAPOLIS
By
R. Drumdner - President
ATT T:
� c.d.0
L. E, tterbadk - Secretary
"First Party"
E.`R. EdWaXds
R.A. De16110
Partners, d/b/a DEDCO, a partnership
"Second Party°
STATE OF INDIANA )
SS:
COUNTY OF
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared R. T. Grmdner r
the -President - and L. E. Utterback , the
Secretary , respectively, of Railroadmen's Federal Savings
Q.7=
DocuSign Envelope ID: OCD3F9CC-5635-4395-A495-37GEA75AABCC
NI :RIDIAN TITLE
224
and Loan Association -Of Indianapolis, who acknowledged execution
of the foregoing Easement for Use of Driveway in Common for
and on behalf of said "First Party", and who, having been duly
sworn, stated that the representations therein contained are true.
Witness my hand and Notarial Seal this 17th day of April,
1974.,E _
.. . - Notary P lc
v V
My commission expires:
Eli G=1:sra2 Bghs P •arohr 119,1:L-5
STATE OF INDIANA y
SS: -
CbUNTY of
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared E. R. EDWARDS and R. A.
DELELLO, partners, d/b/a DEDCO, a partnership, who acknowledged
execution df the foregoing Easement for Use of Driveway in
Common as "Second Party" thereto, and who, having been duly
sworn, stated that the representations therein contained are true.
Witness my hand and Notarial Seal this 1 Z day of Aprilr
1974. r
j ,
Notary Pu laC4 ~j
My commission expires: J
ibis Irta rument Recorded _ _ lq
1UNE M. HEDGES, RECORDER, HAI.IILiON COUNTY, IHD.
This instrument was prepared by Michael B. Cracraft, attorney.
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Access Easement Description
..'A strip of ground thirteen (13) feet in width by parallel lines to be used ras a
mutual easement for Ingress and egress to real estate in a part of the Northeast I
Quarter of Section 36, Township 18"North; Range 3 East;'the gerfineter"ot`saLd I
easement being described as follows-.
Beginning on the East line of the Northeast Quarter- of Section 3G;'Tpivnship 1
18 North, Range 3 East t644.00 feet South 00' degrees 00 minutes 00 seconds _
(assumed bearing) of the Northeast corner thereof; thence North 89 degrees 46
mlaates 00 seconds West 176. 00 feet; thence South 00 degrees 00 minutes 00
oeeonds parallel with the East tine of said Northeast Quarter 164. 82 feet to the
North right-of-way line of Gradle Drive; thence South 89 degrees 42 minutes 30
seconds East on and along said forth rightof-way line 13. 00 feet to a point on
"the West line of the East adjoining property, 163. 00 feet North 89 degrees 42
minutes 30 seconds West of the East line of said Northeast Quarter; thence North
00 degrees 00 minutes 00 seconds on and along said adjoincr's West line parallel
with said East line 151. 83 feet to the North line of said East adjoining property;
thence South 89 degrees 46 minutes 00 seconds cast 1G3. 00 feet on and along said
adjoiner's North line to the East line of said Quarter; thence North 00 degrees 00
minutes 00 seconds on and along said Last line 13, 00 feet to the Beginning Point. i
Dated April 1, 1974
I
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Access Easement Description ;
' A strip of ground thirteen (13) feet in width by parallel lines to be used as a
mutual easement for ingress and egiess t0 real estate In a part of the Northeast
Quarter of Section 36, Township 18 North, Range 3 East, the perimeter of said '
easement being described as follows: i
Beginning on the East line of the Northeast Quarter of Section 36, Township
I Vorth, Range 3 East, 1657.00 feet South 00 degrees 00 minutes 00 seconds
(assumed bearing) of the Northeast corner thereof at a'common property corner;
thence North 89 degrees 46 minutes 00 seconds West on and along the South line of
the North adjoining property 163.00 feet to the East line of the West adjoining
-property: thence'South 00 degrees 00 minutes 00 seconds on and along said adjoiner's
East line parallel with the East line of said Northeast Quarter 151. 83 feet to the
North right-of-way line of Gradle Drive; thence South 89 degrees 42 minutes•30
seconds East on and along said North right-of-way Itne 13. 00 feet; thence North
00 degrees 00 minutes 00 seconds parallel with said East line 138.'84 feet; thence
South 89 degrees 46 minutes 00 seconds East 150:•00 feet to the East line of said
Quarter; thence North 00 degrees 00 minutes 00 seconds on and along said East
line 13.00 feet to the Beginning Point. ,
Dated April 1, 1974
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Part of the Northeast Quarter of Section 36, Town9hip 18 North, Range 3
East in Hamilton County, Indiana, more particularly described as follows;
neginning on the Eaat line of the Northeast Quarter of Section 36. Township
18 North, Range 3 East 1588. O feet South 00 degrees 00 entnufea -UO seconds
(assumed bearing) of the Northeast corner thereof; thence South 89-degrees 28
minutes 00 seeohds West 386. 65 feet to the centerline of the old IntePlavbarx
right -of -away (now a 66 foot power line easement); thence South 00 degrees 04
minutes 15 seconds West on and along said centerline 215.43 feet to the North
Iine of Grndle 1?rive; thence South 89 degrees 42 minutes 30 seconds East on
and along the North line of said Gradle Drive 223. 91 feet; thence North 00 degrees
00 minutes 00 seconds parallel with the East line of said Quarter 151_ 83 feet;
thence South 89 degrees 46 minutes 00 seconds East 163. 0 feet to the East line
of said Quarter; thence North 00 degrees 00 minutes ap seconds ca and along '
said East line 69. 0 feet to the Beginning Point; containing 1. 37"acres. more
or less. Subject to all legal easements and rights -of -way.
17ated April 1, 1074 RECEIVED FOR REMus.�
This lnstn.meat Records JUN 3 1974
JUNE IA. HEDGES, AECGR R, NAMIL70N �C0UN1Y, [NO. _ X
PACE
EXE SIT C
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