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Prior deed reference:. 93 -46104
EASEMENT AGREEMENT
This Easement Agreement_(the "Agreement), is entered into by and between Steve S. and
Hak Sung Chang( "Grantor "),and the City of Carmel, Indiana, by and :through its Board of Public
Works and Safety "Grantee"), for public right -of -way and related purposes, as follows:
1. Grantor is the fee ,simple owner of the real property described in Drainage
Easement Exhibit, attached hereto and incorporated herein (the "Real Estate
2. For Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to
Grantee a perpetual non-exclusive easement "Easement that shall run with the land and which
shall be limited -to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace,
relocate and /or remove certain drainage facilities through, upon, over, along, under and across the
Real Estate, together with the right to do all other lawful acts and things not inconsistent
herewith and requisite or necessaryfor the full enjoyment of the Easement.
3. Grantor expressly reserves all right, title and interest in and to the real estate
described above not specifically granted to Grantee, as well as the right to use or permit the use
of the Easement by others for any lawful purpose not inconsistent with the rights granted to
Grantee herein.
4. The Easement is made subject to all prior easements, agreements, restrictions
and rights -of -way of record.
5. It is understood that all the provisions of this Agreement are stated herein and
that no verbal agreements or promises will be binding on the parties hereto or their successors in
interest.
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6. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Indiana.
7. This Agreement, upon execution by both Grantor and Grantee, is and shall
remain binding upon Grantor and Grantee and their respective officers, officials, agents, partners,
successors, assigns and legal representatives in all respects as to all covenants, agreements and
obligations contained herein.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
Agreement this day of 2008.
"GRANTOR"
BY: Steve S. and Hak Sung Chang
By:
Steve S. Chang
By:
Hak Sung Chang
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STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Steve
S. Chang, and Hak Sung Chang who acknowledged the execution of the foregoing "EASEMENT
AGREEMENT" as his/her voluntary act and deed.
Witness my hand and Notarial Seal this day of 2008.
NOTARY PUBLIC
My Commission Expires:
Printed Name
My County of Residence:
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ACCEPTANCE
WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel,
Indiana, its Easement Agreement "Agreement which Agreement is hereinabove set forth; and
WHEREAS, the City of Cannel, Indiana,_ is of the opinion that this Agreement is desirable
and necessary to the City.
NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works
and Safety, under and by virtue of the power conferred upon it by statutes of the State, of Indiana,
accepts the Agreement and orders that the Agreement be recorded in the Recorder's Office of the
County of Hamilton, State of Indiana.
"GRANTEE"
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Maly Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Diana Cordray, IAMC, Clerk- Treasurer
Date:
1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032.
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DRAINAGE EASEMENT EXHIBIT
PREPARED FOR: PLATINUM PROPERTIES, LLC
HEATHER KNOLL, SECTION 3A
EASEMENT DESCRIPTION:
A part of the Northwest Quarter of Section 20, Township 18 North, Range '3 East, Clay Township, Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Northeast comer of the Northwest Quarter of said Section 20; thence South 89 degrees 35 minutes 20
seconds West along the North line of said Quarter Section a distance, of 231.81 feet to the Northeast tamer of real estate"
described in Instrument Number 93-46104 in the Office of the Recorder of Hamilton County, Indiana, said point also being
the Northwest corner of the Secondary Plat of Heather Knoll Section 3A as recorded in InstrtimentNurnber 2008 -46271 in
Plat Cabinet Slide 494 m said Recorder's Office; thence South 00 degrees 02 minutes 26 seconds West parallel with the
East line: of said Quarter Section and along the East line of real estate described in said Instrument Number 93- 46104 and the
West line of said Heather Knoll, Section 3A a distance of 167:76 feet to the POINT OF BEGINNING of this description;
thence continuing South 00 degrees 02 minutes 26 seconds West along said line of a distance of 114.64 feet; thence North 29
degrees 57 minutes 34 seconds West 20.00 feet; thence North 00 degrees 02 minutes' 26 seconds East 80.00 feet;' thence
North 30 degrees 02 minutes' 26 seconds East 20.00 feet to the place of beginning, containing 0.022 acres, more or less,
subject to all legal highways, rights -of -ways casements, and restrictions ofrecord.
$:\4717553 \legalIDRAINAGE EASEMENT DESC 10- 9 -08.rtt
October 9, 2008, tlb
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Curtis C. Huff
Registered Land Surveyor
No. 80040348 JP� ,,..:..:.._..h'Ci,,,,
No.
80040348;
STATE OF
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NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A
ORIGINAL BOUNDARY SURVEY, A ROUTE SUREVEYOR A
SURVEYOR LOCATION REPORT.
DRAWN BY TLB PAGE
E�wF STOEPPELWERTH A SSOCIA TES I CHECKED BY BAH
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r7 s CONSULTING ENGINEERS LAND SURVEYORS scAL E: 1 50'
7965 East 108th Street Fishers, IN 45038
tt DATE: 10/09/2:708
i LI•n (317) 849 5935 FAX: (317) 849 5942
JOB NO. 4717,533 OF 2 SHEETS
S: \4717553 \dwg \DRAINAGE EASEMENT 10- 9- 08.dwg, DRAINAGE EASEMENT 2, 10/13/2008 12:40:41 PM, jhaney, 1 :1