HomeMy WebLinkAboutGrant of Pedestrian Access Easement.recorded Hinkebein2023001314 EASEMENTS $25.00
01/13/2023 09:32:13A 3 PGS
Tr1ni Beaver
HAMILTON County Recorder IN
Recorded as Presented
Cross Reference #2021-12633 1111111111111111111111111111111111111111IIIIII111111111111111111111
GRANT OF PEDESTRIAN ACCESS EASEMENT
THIS GRANT OF PEDESTRIAN ACCESS EASEMENT (this "Easement") is made as
a of the day of lcµ tmd' 202, by Mary and Keith Hinkebein (collectively "Grantor")
and the City of Carmel. Indilai na ("Grantee").
RECITALS
A. Grantor owns in fee simple certain real property located at 510 2nd Avenue NE in
Carmel, Indiana, and more particularly described in Exhibit A, attached hereto and made a part
hereof ("Grantor Tract").
B. Grantee is the municipal corporation within which the Grantor Tract is situated.
C. Grantor desires to grant and Grantee desires to obtain a perpetual and non-exclusive
easement on, over and across the southeastern corner of the Grantor Tract (the "Easement Area")
for the purpose of providing Grantee for public access.
D. Said Easement Area is shown as the 8' by 13' Sidewalk Easement on the attached
Exhibit A.
NOW, THEREFORE, in consideration of the grant of easement contained herein and
other valuable considerations, Grantor hereby grants the following easement to Grantee, and
Grantor and Grantee agree as follows:
1. Grant of Pedestrian Access Easement. Grantor hereby grants, creates, and makes
a perpetual and non-exclusive pedestrian access easement upon and through the Easement Area as
more particularly depicted as "8'x13' Sidewalk Easement" on Exhibit A attached hereto and made
a part hereof for the purpose of allowing the general public the right to enter the Grantee Tract in
order to pass and repass over the Easement Area as shown on Exhibit A.
2. Maintenance. Grantor, or its successor in interest, shall be responsible for all
maintenance work conducted in the Easement Area, which maintenance and repair shall include,
but not limited to, mowing and keeping the Easement Area in a safe and sound condition and in
compliance with all applicable laws.
Indemnification. Grantor shall indemnify, defend and hold Grantee harmless from
and against any and all claims, demands, actions, suits, injuries, and judgments arising out of
injury, loss, damage or liability of whatever kind and nature, including court costs, expenses and
reasonable attorneys' fees, sustained or incurred by any persons which are based upon, arise from,
or in any manner grow out of the use, maintenance or enjoyment of the Easement Area.
4. Binding Effect and Appurtenance. All of the benefits and burdens hereunder
shall run with Grantor's Tract and shall bind and inure to the benefit of the successor and/or assigns
of Grantor and Grantee.
5. Indiana Law. The laws of the State of Indiana shall govern all aspects of this
Easement and its exhibits, including without limitation, execution, interpretation, performance,
and enforcement.
IN WITNESS WHEREOF, Grantor has duly executed this Grant of Pedestrian Access
K Easement effective this -IL—day of -Tit �t eA 20 3.
Grantor:
Mary and Kei Rink in
By r�
Printed j�' vti f ri
STATE OF INDIANA )
) SS:
COUNTY OF RAM1l.Tc O )
11 1�
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Printed�—
Before me, a Notary Public in and for the State of Indiana personally appeared Mary and
Keith Hinkebein, who acknowledged the execution of the foregoing instrument and who,
acknowledged the execution of the foregoing Grant of Pedestrian Access Easement.
Witness my hand and notary seal this day of , 20 a�
My Commission Expires:
aL69-
County of Residence:
This instrument prepared by Casey
Rd., Carmel, IN 46032
Signature
Printed l
CASEY J SHINAVER
=o?�• .�'sr's
Notary Public, State of Indiana
Hamilton County
Commission ft 713975
�'
My Commission Expires
July 23, 2026
ra+n1i1,
inaver.
own Design Grour
Notary Public
, LLC, 1132 S Rangeline
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. Casey Shinaver
Return after recording to: Mary and Keith Hinkebein, 510 2nd Ave NE, Carmel, IN, 46032
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603 S OHIO ST CARMEL
SHERIDAN, IN 46069
PM1 31Tfi96-369GCLAY TOWNSHIP
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