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HomeMy WebLinkAboutSanitary Sewer Easement2024017190 EASE $25.00 05/20/2024 10:26:29AM 5 PGS Trini Beaver Hamilton County Recorder IN Recorded as Presented TGR AM UA AR ATA Prior Deed Reference: Instrument No 2012-070077, in the Recorder’s Office for Hamilton County, Indiana NON-EXCLUSIVE SANITARY SEWER EASEMENT THIS INDENTURE WITNESSETH that: FEHSENFELD LAND HOLDINGS, LLC, an Indiana limited liability company (hereinafter called "Grantor"), for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, sell and convey to TriCo Regional Sewer Utility, duly organized and existing under the laws of the State of Indiana, (hereinafter called "Grantee"), a permanent non-exclusive easement and right-of-way to construct, operate, control, maintain, reconstruct, change the size of, repair and remove a pipeline or appurtenances to be used for the transmission of sewage along, under, through and across the Grantor land in Hamilton County, State of Indiana, which easement is more particularly described as follows, to-wit: SEE ATTACHED EXHIBIT "A" In the course of any work performed by Grantee pursuant to the rights granted it hereunder, Grantee shall (i) diligently pursue the completion of such work, (ii) use commercially reasonable efforts, to minimize any disruption or interference with the use and conduct of business upon Grantor’s property, and (iii) except for emergencies involving the public health, safety or welfare, not unreasonably impair vehicular or pedestrian access to and through Grantor’s property. Grantee will level the ground and reseed any areas that might be disturbed as a result of the construction of the sewer line, or appurtenances or as a result of any maintenance repairs that may be made to said sewer line or appurtenances hereafter. It is further agreed that any damage to any private drive, pipe, tile, fences or other property of the Grantor (other than trees, shrubs and ground cover) occasioned by the construction of said sewer line shall be repaired or replaced by the Grantee in as good or better condition as the same presently exists. Grantee shall have the right of ingress and egress over and across the easements granted for purposes described herein. Whenever necessary or convenient, Grantee may haul across the easements granted herein such pipe and other materials as may be needed in the construction or maintenance of its pipeline. Grantor shall have the right to fully use and enjoy the strip of land granted as a permanent easement except for such use as may impair, impede or unreasonably interfere with the exercise by Grantee of the rights granted herein. Grantor shall not construct or permit to be constructed any house, structure, or obstruction on or over or interfering with the construction, maintenance, or operation of any pipeline or appurtenance constructed pursuant to this instrument (provided, however, that the erection or maintenance of driveways, curbing, asphalt or concrete paving, paths, sidewalks, parking areas or similar improvements shall be permitted). Grantor further agrees that Grantor shall not change the grade of any such pipeline. The grants, covenants and stipulations hereof shall extend to and be binding upon the respective heirs, successors and assigns of the parties. Grantor covenants that Grantor is the owner of and has the right, title and capacity to grant the easement granted herein. Executed this i?thday of May, 2024, by Grantor. GRANTOR: FEHSENFELD LAND HOLDINGS, LLC on feld Jr. Title: Authorized Signatory STATE ort ana ) )Ss: County oF Wins |-ton, Before me, a Notary Public in and for said County and State, personally appeared Fred Fehsenfeld Jr., an Authorized Signatory for Fehsenfeld Land Holdings, LLC and who having been duly sworn acknowledged execution of the foregoing “Non-Exclusive Sanitary Sewer Easement" for and on behalf of said entity. Witness my hand and Notarial Seal this ( day of Waa, , 2024. a) weR Lim Be ~*~ Li he Sect C Notary Public Geb Coden > s, My Commission No. fini ee Tenens Al Ae D\ oe Sain 8, f ps oe a saan ne ty 7 NOTARYPUBLIC *s iz Number _ t x NPO747092 &}, py! NOTARY SEALs’, * iN weny of Residence: mS ile ,, a Py wr S “oe “Bs, Expire ys Printed le hb Sed ae S “u® OF Non This instrument prepared by: Jason “AN “Niel, ICE MILLER LLP, One American Square, Suite 2900, Indianapolis, Indiana 46282-0200. PH: (317) 236-2300. Pursuant to I.C. 32-5-2-2, reference is hereby made to Deed Record Instrument No. 2012-070077, in the Office of the Recorder of Hamilton County, State of Indiana. "L affirm, under the penalties for perjury, that | have taken reasonable care to redact each Social Security Number in this document, unless required by law." Jason A. McNiel. Signature Page to Non-Exclusive Sanitary Sewer Easement 2 EXHIBIT A ESMI—SA. dwg ft? LSA 29/2024 — nbaker) — LP: 4/29/2024 4:12 Pht ez P2\.510-O000'"/| 31 1 —GO4\ —Survey\ Owg\ SVO9 l ! | \ Mn DONNA NELSON, AS TRUSTEE U/A 010 08 06 2002, DONNA NELSON AS SETTLOR INSTR. 2020038391 ti NORTH INDIANA STATE PLANE FAST ZONE BEARINGS GRANTOR 8 FEHSENFELD LAND HOLDINGS, LLC N INSTR. $2012070077 L9 N ~N L17 20’ WIDE SANITARY EASEMENT 1.1992 ACRES © “I * L15 “| ~ L13 POINT OF COMMENCEMENT SE CORNER, NW I/4 SEC. 6, T.I7N, RSE. __ Sun UNE NW 1/4 SEC 6 THIN, ROE Were REALTY FORTY “THE TOWNES AT WESTON POINTE GoRoON ue AN SECTION} WANDA MAY ALLEN THREE LLC. SENA REALTY WP LLC KEYSTONE TRUST INSTR. #200400067374 SCALE IN FEET INSTR. $2008009773 — \ INSTR. #2007048094 \_ sie fe016056416/ PC 3 SLIDE 489 ; 50 700 . REI INVESTMENTS, INC. 530 E. Ohio Street ' P.OB.- PONT OF BEGINNING Suite C reall ronaan a Indianapolis, IN 46204 CARMEL INDIANA , REFERENCE: / Civil & Environmental | ph: 317.655.7777 This exhibit is based upon the ALTA/NSPS . Tis, ei iste wore AHS Consultant, Ine. | ywawcecnecon SANITARY SEWER EASEMENT Consultonts, Inc., Project No, 311-804, ’ oC , , ; doted Merch 20, 2024, DRAWN BY: NRB| CHECKED BY: ABS| APPROVED BY: ABS | FIGURE NO.: DATE: APRIL 5, 2024/0WG SCALE: "= 150'| PROJECT NO: 311-804 A-1 SAW gf Pf LSE PE/POPR4A — nboker} — 6P> AL PGSPOPA A211 Pit PEA SIO OODN FIP BOF Survey \Owg\ SVOI SAMTARY EASEMENTS 31 1BOL—SVOG—ESMT LINE TABLE 20' WIDE SANITARY SEWER EASEMENT LINE # DIRECTION LENGTH Lt $ 89°38'34" W 2134.28" 2 S 80°38'34" W 20.66" LB N 14°50°38" W 777" 4 N 73'29'23" E 74,90 if N 16°30'37" W 450.67" L6 N 721011" E 20.01° u? § 163037" £ 449,95° L8 N 65°23'04" E agit \9 N 89'57'44" £ 479.76 L10 N 00'02'16" W 262.87' ul N 89'57'44" E 20.00" L12 $ 00°02'16" E 506.47" L13 § 89'57'44" W 465.43° L4 N 00'02'16" W 20.00" U5 N 89°57'44" E 445.43" L16 N 00'02'16" W 203.61" Lt7 $ 89°57'44" W 475,40" L18 § 65'23'04" W 310.08" LINE TABLE CURVE RADIAL BEARINGS LINE #) DIRECTION | LENGTH Lat N 1630'37" W | 439.50" 22 $ 403017" £ | 439.50" 3 N 3gr2t'4g” W | 459.50" 24 $ 163037" £ | 459.50" CURVE TABLE CURVE ff | RADIUS | LENGTH a 439.50" | 184.06" C2 459.50" | 183.27' U9 S 7329'23" W 55.48" 120 $ 14'50'38" £ 163.45" 530 E. Ohio Street Indianapolis, IN. 46204 Civil & Environmental | Ph: 317.655.7777 REI INVESTMENTS, INC. EDGE AT WEST CARMEL 11335 N. MICHIGAN RD. CARMEL, INDIANA Consultants. Inc. | www.cecinc.com SANITARY SEWER EASEMENT DRAWN BY: NRB| CHECKED BY: ABS|APPROVED BY: ABS] FIGURE NO.: DATE: APRIL 5, 2024/DWG SCALE: PROJECT NO: 311-804 A-2 PV SID O9O151 1 8041, —Survey dug SVI9 SANITARY EASEMENT) 311804 —SVO9—ESMP-SA Bagh IP ISAS BSS 2024 — nbakers — LP! A/PGL2ORA 4:11 Phd SANITARY EASEMENT DESCRIPTION Part of the land conveyed to Fehsenfeld Land Holdings, LLC recorded as Instrument Number 2012070077 in the Office of the Recorder of Hamilton County, Indiana, situated in the Northwest Quarter of Section 6, Township 17 North, Range 3 East, of the Second Principal Meridian in the City of Carmel, Clay Township of Hamilton County, Indiana, being more particularly described by Anthony B. Syers, L$2080012¢ of Civil & Environmental Consultants, Inc. on April 5, 2024, as follows: COMMENCING at the southeast comer of said quarter section; thence South 89 degrees 38 minutes 34 seconds West (Indiana State Plane - East Zone bearings) along the south line of said quarter section a distance of 2,134.28 feet to the POINT OF BEGINNING; thence continuing South 89 degrees 38 minutes 34 seconds West along said south line a distance of 20.66 feet; thence North 14 degrees 50 minutes 38 seconds West a distance of 177.71 feet; thence North 73 degrees 29 minutes 23 seconds East a distance of 74.90 feet to a point on a tangent curve to the left having a radius of 439.50 feet, the radius point of which beass North 16 degrees 30 minutes 37 seconds West; thence northeasterly along said curve an are distance of 184.06 feet to a point which bears South 40 degrees 30 minutes 17 seconds East from said radius point; thence North 16 degrees 30 minutes 37 seconds West a distance of 450.67 feet to the north line of the grantor's land; thence North 72 degrees 10 minutes 11 seconds East along said north line a distance of 20.01 feet: thence South 16 degrees 30 minutes 37 seconds East a distance of 449.95 feet: thence North 65 degrees 23 minutes 04 seconds East a distance of 291.11 feet; thence North 89 degrees 57 minutes 44 seconds East a distance of 479.76 feet; thence North 00 degrees 02 minutes 16 seconds West a distance of 262.87 feet; thence North 89 degrees 57 minutes 44 seconds East a distance of 20,00 feet; thence South 00 degrees 02 minutes 16 seconds East a distance of 506.47 feet; thence South 89 degrees 57 minutes 44 seconds West a distance of 465.43 feet; thence North 00 degrees 02 minutes 16 seconds West a distance of 20.00 feet; thence North 89 degrees 57 minutes 44 seconds East a distance of 445.43 feet; thence North 00 degrees 02 minutes 16 seconds West a distance of 203.61 feet; thence South 89 degrees 57 minutes 44 seconds West a distance of 475.40 feet; thence South 65 degrees 23 minutes 04 seconds West a distance of 310.08 feet to a point on a non-tangent curve to the right having a radius of 459.50 feet, the radius point of which bears North 39 degrees 21 minutes 44 seconds West; thence sauthwesterly along said curve an arc distance of 183,27 feet to a paint which bears South 16 degrees 30 minutes 37 seconds East from said radius point; thence South 73 degrees 29 minutes 23 seconds West a distance of 55.48 feet; thence South 14 degrees 50 minutes 38 seconds East a distance of 163.45 feet to the Point of Beginning, cantaining 1.199 acres of land, more or less. Ae B Sg~— Anthony B. Syers LS #20800124 State of Indiana April 5, 2024 asyers@cecinc.com prepared by Anthony B. Syers | affirm, under the penalties for perjury, that | have taken reasonable care to redact each Social Security number in this document, unless required by law, Anthony B. Syers “oti 5 A, STATE OF fe @ oy we ii RAN Sea DD SLY vi": GIS TER’ No. ~~ Zi ei Civil & Environmental 530 E. Ohio Street Suite G Indianapolis, IN 46204 Ph: 317.655.7777 REI INVESTMENTS, INC. EDGE AT WEST CARMEL 11335 N. MICHIGAN RD. CARMEL, INDIANA Consultants, Inc. www.cecinc.com SANITARY SEWER EASEMENT DRAWN BY: NRB| CHECKED BY: ABS |APPROVED BY: ABS FIGURE NO.: DATE APRIL 5, 2024]0WG SCALE PROJECT NO 311.804 30f3