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HomeMy WebLinkAboutHeather Knoll Sec 3 Lot 153 - Cang, Steve/Hak SungAPPtROIPZD AS TO FORM BY 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: I. 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 necessary for 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. 1 2009023374 EASEMENTS $24.00 04/23/2009 09:23:27A 6 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented EXEMPT FROM SALES DISCLOSURES APPROVED /,2a 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 26 day of 2008. 2 "GRANTOR" BY: Steve S. and Hak Su Chang By: By: Steve S. Chang Hak Sung Chang 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 K 0Va w•fr>.✓ 2008. 3 NOTARY PUBLIC My Commission Expires: 1 t 3/ .2 pot L Printed Name My County of Residence: 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 Carmel, 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 Brainar y9A-00--(2-rX.-2 Presiding, Officer James Brainar Presiding Officer Mary A Burke, Date: Lori Watson, M Date: [eml 'D iana Cordray,IAM erk-Trea surer Date: 3i 09 1 affirm. under the penalties for perjury, that 1 have taken reasonable care to redact each and every Social Security number from this document, unless it is required by law. Douglas C. Haney TT This insn prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. ?QA U ticiA VD Of CA ■\c Gqi c(rrQ j„ (Q Curtis C. Huff Registered Land Surveyor No. 80040348 GRAPHIC SCALE 0 25 50 100 IN FEET 1 inch 50 ft. DRAINAGE EASEMENT EXHIBIT PREPARED FOR: PLATINUM PROPERTIES, LLC HEATHER KNOLL, SECTION 3A N89'35'20 "E 2418.43' N.W. COR., N.W. 1/4, SEC. 20, T.18N., R.3E. NE. COR. INSTR. No, 93 -46104 ,uunu n r,,,, No. 80040348. STATE OF SUR N30'02'26 "E ry nnnm a� 20.00' DRAINAGE EASEMENT 3 N 0 P o ff z O O O rs O NOW OR FORMERLY r STEVE S. HAK SUNG CHANG INSTR. No. 93 -46104 NOTE: THIS DRAWING IS NOT INTENDED TO 13E REPRESENTED AS A ORIGINAL BOUNDARY SURVEY, A ROUTE SUREVEY OR A SURVEYOR LOCATION REPORT. N29'57'34 'W 20.00' LINE, N.W. 1/4, SEC. 20, T.18N R.3E. 2' N.A.E. 102.98 P.O.S. 0 0 S89'35'20 "W 231.81' NW. COR. HEATHER KNOLL, SECTION 3A C.A.. #15 13,813 sq. ff. VAR. D.U. &S.S.E. &L.M.A.E. N139'35'20 'E 128.85' 153 10,333 sq. ft. N.E. COR., N.W. 1/4, SEC. 20, T.18N., R.3E. N 0. 0 0 0 0 14= 10' S.S.E. I U N89'35'20 'E CO 129.48' N I 10' S.S.E. HEATHER KNOLL, SECTION 3A k INSTR. No. 2008 -46271 0 P.C. 4, SLIDE 494 152 10,383 sq. ft. N89'35'20 "E 130.11' 151 10,433 sq. ft, S.E. COR., N.W. 1/4, SEC. 20, T.18N., R.3E. S: \4717553 \dwg \DRAINAGE EASEMENT 10- 9- 08.dwg, DRAINAGE EASEMENT 1, 10/13/2008 12:18:23 PM, jhaney, 1:1 STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS LAND SURVEYORS 7965 East 106th Street, Fishers, IN 46036 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: TLB CHECKED BY: BAH SCALE: 1" 50' DATE: 10/09/2008 JOB NO. 4717553 PAGE 1 OF 2 SHEETS EASEMENT DESCRIPTION: S:147175S311cgaXDRAINAGE EASEMENT DESC 10 -9 -08.,11 October 9, 2008, :lb DRAINAGE EASEMENT EXHIBIT PREPARED FOR: PLATINUM PROPERTIES, LLC HEATHER KNOLL, SECTION 3A 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 corner 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 corner areal estate described in Instrument Number 93 -46104 in the Office oldie Recorder of Hamilton County, Indiana, said point also being the Northwest corner of the Secondary Plat of Knoll, Section 3A as recorded in instrument Number 2008 -46271 in Plat Cabinet 4, Slide 494 in 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, easements, and restrictions of record. Curtis C. Huff Registered Land Surveyor No. 80040348 NOTE: THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A ORIGINAL BOUNDARY SURVEY, A ROUTE SUREVEY OR A SURVEYOR LOCATION REPORT C1 S C. 7 GJQ GtSTEg c cs No 80040348 STATE OF °oL� Rv E yOss```. ,n, STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS LAND SURVEYORS 7965 East 106th Street, Fishers. fN 46038 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: TLB CHECKED BY: BAH SCALE: 1 50' DATE: 10/D9/2008 JOB NO. 4717553 PAGE 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