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HomeMy WebLinkAboutDeed and Covenants,. 1"` llrILY ENTERED FOR TAXATION Sub' ct to (inel cptance for tra~n~f n~daY o~al9~ // ~ Ot% Auditor V/M' Aamilton County _/ Instru~erit 9909932866 9903932866 Filed for Record in HRM[LTON COLINTY, INUIRN(I MRRY L CLAR{( On OG-02-1999 Rt 12:10:01 pm. DEED 22.00 .~~~~~ by ~ \ This Deed is exempt from RECEIVED the Indiana Disclosure of ~ NOV 34 2pp3 .~ Sales Information DDCS requirements pursuant to pr F.xemntiott #3. , DEED AND COVENANTS William C. Brandt, Jr. and Joan R. Brandt, husband and wife (collectively, "Grantor"), of llamilton County, Indiana, for the sum of Ten Dollars ($10.00) and other consideration, the receipt and sufficiency of which are hereby acknowledged, quitclaims to the City of Carmel, Indiana ("Grantee") the fallowing described real estate (the "Real Estate") located in Ilamilton County, Indiana: Sec Exhibit A attached hereto and made a part hereof. Grantor retains and shall own all rights available under the law which may now or hereafter exist in favor of the owner of the Real Estate with respect [o fiber optic cable or other teleconmumications system(s) which is (are) presently installed, or in the future may be installed, below the surface of the Real Estate. Notwithstanding the foregoing, relocation of said cables or system(s) and/or authorization of new cable or system(s) and/or the right to authorize the installation of any new or additional cables or system(s) shall take place only with the consent of the Grantor and Grantee. Grantee will use the Real Estate as a linear park and recreational trail for activities including, but not litnited to, bicycling, exercising, walking, hiking, running and roller blarling. As part of the consideration for this conveyance, Grantee covenants as follows: I , The trail on the Real Estate will be closed from sunset to sunrise, with the exception of occasional special events, e.g. a Christmas luminary walk. onnimwoo.u~wima..,, 2. The trail will be ruorritored and patrolled at irregular intervals by traiued law enforcement personnel using electrically powered or other silently powered vehicles during the hours it is closed. 3. The trail will also be monitored and patrolled al irregular intervals by trained law enforcement personnel using electrically powered or other silently powered vehicles during the hours in which it is open. 4. Grantee or its designee will maintain natural vegetation as an, on average, twelve foot (12') barrier on the outer edges of the trail so that, in general, there will be a continuous barrier of trees, brambles, undergrowth, raspberry-type bushes and/or other similar thick vegetation running the entire length of [he outer edges of the trail In areas where no such natural vegetation barrier currently exists, Grantee will consult with Grantor and plant appropriate vegetation. S. The construction of the trail will take place during noernal constnuction daylight hours. 6. Access to the trail will be provided only through publicly owned property unless a particular adjoining landowner or neighborhood association requests other access in the area. Bollards (security posts) will be placed and maintained across the entrances to the trail. 8. Dedicated trail parking will be provided, the adequacy of which will be periodically reassessed by Grantee as the usage of the trail is monitored. 9. Trash pick up along the trail will be performed with sufficient frequency to insure that the trail remains substantially trash-free. 10. The use of firearms and motorized vehicles on the trail, other than emergency and other official vehicles, including, but not limited to, ]aw enforcement, fire, medical and maintenance vehicles and motorized wheelchairs being used by handicapped persons, will be prohibited. oonuuaoo.unonnue.u 1 t. The trail will not now, nor in the future, be used as a light or heavy rail, bus or other motorized mass transit system. Grantor hereby represents and warrants that Grantor has not and will not at any lime prior to the recordation of tlus Deed, otherwise convey or encumber the Real Estate. Grantor hereby acknowledges and agrees that this transaction is contingent upon obtaining the consent of any mortgagee(s) of the R"eal Estate. Grantor shall be responsible for paying any real estate taxes and assessments assessed against the Real Estate for any period of time during which Grantor owned the Real Estate. All the foregoing covenants of Grantee and all rights which are retained by Grantor with respect to the fiber optic cable or other telecommunications system(s) shall be for the benefit of the following described real estate located in Hamilton Counq, Indiana, and shall nm with the land: See Exhibit B attached hereto and made a part hereof. l'he parties hereto shall have the right to enforce the terms of this instrument in accordance with all remedies available both at law and in equity. IN WI7TJESS WHEREOF, Grantor has executed this instniment this 261h day of May, 1999. ~~ William C. Brandt, Jr. ~ / loan R. Brandt 9~'Grantor" oo>uuo~oonuwocuwcn S"PATE OF INDIANA ) SS: ACKNOWLEDGMENT COUNTY OI~ ~t~~aCl) Before me, a Notary Public in and for said county and State, personally appeared William C. Brandt, Jr. and Joan R. Brandt, husband and wife, who acknowledged the execution of the foregoing llced and Covenants. Witness my hand and Notarial Seal 26'h day of May, 1999. My Commis ~ Expires: ,~ F W MARK W.PLASSMAN raarrr MY COMMISSION ~~ EXPIRES 8/2312008 Signahae ' Printed ,Notary Public Resident of _Counly,lndiaua This instrument prepared by Douglas C. Haney, Esq., Attorney-at-Law, One Civic Square, Carmel, Indiana 46032. Send Tax Statements to: City of Cannel, One Civic Square, Carmel, IN 46032 :.aonuawoonuwm: r mn: ~ ~ Exhibit "A" PARCEL NO. 13-01-00-00.OO6.OOD MONON CORRIDOR Part of the Northeast Quarter of Section 1, Township 17 North, Range 3 East, in Hamilton County, Indiana, more particularly as described as follows: Commencing al the Northwest corner of the Northeast Quarter of Section 1, Township 17 North, Range 3 East; thence North 90 degrees 00 minutes 00 seconds East (assumed bearing) 33 feel; thence South 00 degrees 00 minutes 00 seconds West 234.00 feet to the Point o(Beginning; thence continuing South 00 degrees 00 minutes 00 seconds West 756.10 feet to the South line of a parcel described in Instrument Nurrtber 1018, ©ook 234 Page 352 as recorded in the Office of the Recorder of Hamilton County; thence South 90 degrees 00 minutes 00 seconds West 33 feet to the West line of said Quarter Section; thence North 00 degrees 00 minutes 00 seconds 756,10 feel to the Point of Beginning and containing 24,951 square feet more or less. Certified: D~e~cemobe/r 17, 19'19' i~/G"/G~~`~' h ' v '~ Michael L. Crawford, Regist No. 890004, Slate of Indian `.,,nlo:, u,,,t , Land Surveyor, - -' e~Jf?t~'~ .~ ~ ••~ ST.:TE CF = '~ ''v c. (tiO ~. ~4; ,, vfi `1C t ~.: S::If ~~t ~`'~~ ' N0.: 13-01-00-00-006.000 EJECT N0. COUNTY : HAMILTON SEC110N 1 TOWNSHIP 17 RANGE : 3 DEED RECORD Book 234, Page 352 DRAWN BY : D.T. CHECKED 8Y : M.L.C. Hatched Areo = R~W Toking SCALE 1" = 20~ 36 ~ 36 330' 157 1 ~ ~aa I Y W „~l ~ V N N TWC L .` L O U C O c 0 U-1 ,``~plnnnrr~~ r ,,~` ~~ L. C Rq '~,, , ~L , ? ~ :' ••, s ~` ~ 890004 ~ ~ tt STATE OF ~'~,,orrSUl..~.`` n~ ~ ~ O U to O O ~ I ~ O Oj II 0 0 I ~ j ~ Q IIJ O I ~ r7 ~ 292.87' 37.125' Total Area = 6.94 Ac R~W Existing = 0 Acr Net Total Area = 6.94 Ac EXIIIE31"I' 13 Beginning at the Northwest corRan ef3tEast~rineHami4tontCounty, Township 17 North, 9 Section 1, Indiana, thence East on and along t}re North line of t e Northeast Quarter Section, a distance of 33 feet to the East right-of-way line of the Monon thenceaoontinuing Eastwardtordi and is ttre point of beginning, oint, and along said tdoral~allel to theaWestoline0ofesaid Norptleoint thence South and p oint, said p Quarter Section a distan2efeet6Northeoftthe pence corner as it being a distance of 6 1/ arallel with the Norolintlnsaid is now located, thence West and p said Quarter Section a distance of 37.125 feet to a 2 feet North of the fence corner point being a distance of 6 1/ arallel t'o the West thence South and p oint, as it is now located, thence West and line of said Quarmarkedcbe a feacetpost of 330 feet to a said point being uarter Section a oint, parallel to the North line. of said one 7 3 acres, distance of 292.87 feelaceeofebeginningo Containinga P said point being the p more or less, all of the aforRanne13nEastain Hamiltoneaounty, Section 1, Township 17 North, g Indiana. 'Ibwnship 17 uarter of Section 1, more particularly described as EXCEPT: Part of the Nbeingast North, Range 3 East, oint in the North line of said follows: Beginning at a p distant East 33 feet of trlit-of-way Northeast Quarter Section, the East rl9said North Northwest corner thereof (the same being line of the Monon Railroad) thence East in and a ong thence South 234 feet, thence West 159 Eeet to a line 157 feet, ht-of-way line of the Monon Railroad, point in said East rig said East right-of-way line of the lace of beginning, containing thence North in and along Monon Railrmo e2or less,to the p 0.85 acre,