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Home My WebLink About3rd Ave SW-C.P. Morgan Instrument 96 643127 0 9609643127 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 0 On 10-10-1996 At 08:13 am. EASEMENT EASE 24.00 2D A THIS EASEMENT, executed this 3 day of 116 S 1996, by George L. Eiker "Grantor WITNESSES: In consideration of the sum of e coo //o is /0 paid by C.P. Morgan Communities, L.P. "Morgan the receipt and sufficiency of which are hereby acknowledged, Grantor grants, conveys and declares a non- exclusive perpetual easement for the collection, transmission or disbursement of surface water drainage upon, over and across the real estate owned by Grantor more particularly described in Exhibit "A" attached hereto and by reference made a part hereof for the benefit of the real estate owned by Morgan and described in Exhibit "B" attached hereto and by reference made a part hereof Said Easement is conditionally granted dependent upon restoration to original condition of any paving asphalt or concrete disturbed by Morgan. Said restoration to be at the sole expense of Morgan. The easement granted herein includes the right of construction, operation, maintenance, repair and replacement. Grantor also grants to the City of Carmel, Indiana, the right to perform maintenance, repair and replacement of drainage material and equipment within the easement. Grantor reserves the right to subsequently build a driveway which will encroach the easement subject to approval by the City of Carmel, Indiana. The easement herein granted shall be perpetual, shall burden and run with the Real Estate, and shall be binding upon Grantor, and its successors and assigns, and shall benefit Morgan, its successors and assigns. gid IN WITNESS WHEREOF, Grantor has executed this instrument on the day and in the year first above written. cwitao •y.ta3?: IiaC,. George E iker J R STATE OF INDIANA "y 0 S, SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared George L. Eiker, and being first duly sworn, acknowledged the execution of the foregoing Easement. Witness my hand and Notarial Seal this 23 day of 0,- C 1996. Q o u u t i v an i i„ e 6. e Notary Public Dawn Lang er cc My commission expires: l R7 1 My County of Residence: k jeLl fo,ms \eiker easement This Instrument Prepared by Debra M. Grisham, City Attorney, City of Carmel, Indiana SENT BY SI BMG 8 -19 -96 :10 :42AM1 (317)89* 010— 317 848 2244:# 2/ 3 LAND DESCRIPTION (Drainage Easement) Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East in Clay Township, Hamilton County, Indiana, described as follows: A strip of land 10 feet in width by parallel lines off the entire north side of a 2.567 acre tract of land as described in a Quitclaim Deed of which is recorded as Instrument Number 95 -23728 in the Office of the Recorder of Hamilton County, Indiana. NOTE This land description was prepared based exclusively upon record deed information and /or prior surveys of the subject premises or its parent. For purposes of the preparation of this description, no survey of the described real estate was performed and no monuments were set. J:\1054\DOCS\DRAINEAS.WPD revised 8/19/96 BJH SENT BY SEW BMMG 0 8 -19 -96 :10 :42-\M (317) 89 4010— 317 848 2244:# 3/ 3 vr.s 0 1 C3 I W :t ASSUMED NORTH W 50 0 25 50 100 200 Q N89'26'16 "E 376.51' 1L/1/1L/ Ll1/1L/1U1111/11/1U1U1/1U1 1z 10' DRAINAGE EASEMENT o u1 0 iri 0 al N C.31 2.567 ac tract m w (instr. no. 9523728) N CD O c) O v Z 589'26'16" W 381.35' J: \1054 \D'WGS \EXHIBITS.DWG 8/19/96 Ex■di LAND DESCRIPTION Part of the Southeast Quarter of Section 25. Township 18 North. Range 3 East in Clay Township. Hamilton County. Indiana. described as follows: Commencing at the Northeast corner of the West Halt of the Southeast Quarter of Section 25, Township 18 North, Range 3 East; thence South 00 degrees 19 minutes 21 seconds West (assumed bearing) on the East line of said West Half 732.44 feet to the South right -of -way line of Second Street SW; thence North 89 degrees 15 minutes 46 seconds East on said south right -of- way line 122.15 feet (deed. 124.43 feet. measured) to the West right of -way line of Third Avenue SW: thence South 01 degree 03 minutes 30 seconds West on said West right -of -way line 592.70 feet to the South right -of -way line of Industrial Drive: thence South 89 degrees 48 minutes 32 seconds West 268.21 feet to the Northwest corner of a parcel of real estate described in a Trustee's Deed recorded on pages 187 and 188 of Deed Record 259 in the Office of the Recorder of Hamilton County, Indiana, said corner being also the Northeast corner of a parcel of real estate described in a Warranty Deed recorded on pages 439 and 440 of Deed Record 300 in said Recorder's Office; thence South 00 degrees 25 minutes 04 seconds West on the common line between said parcels of real estate and the prolongation thereof 721.59 feet to a point that is 594.00 feet North 00 degrees 25 minutes 04 seconds East a Stone on the South line of said Southeast Quarter that is 153.60 feet West of the Southeast corner of the West Half of said Southeast Quarter, said point being also the Southwest corner of real estate described in a Warranty Deed recorded on page 745 of Deed Record 287 in said Recorder's Office and the PLACE OF BEGINNING of the within described real estate: thence South 89 degrees 26 minutes 16 seconds West parallel with the South line of said Southeast Quarter 453.26 feet to a point on a line that is the Southerly prolongation of the West line of a parcel of real estate described in a Corporate Warranty Deed recorded on pages 646 and 647 of Deed Record 362 in said Recorder's Office; thence North 00 degrees 25 minutes 04 seconds East on said line 274.53`r feet to a point that is 450.00 feet South 00 degrees 25 minutes 04 seconds West of the Southerly right-of-way line of the aforesaid Industrial Drive; thence South 89 degrees 48 minutes 32 seconds West parallel with said right -of -way line 50.00 feet to a point on a line that is the Southerly prolongation of a parcel of real estate described as Tract 7 in a Warranty Deed recorded on pages 394 and 395 of Deed Record 293 in said Recorder's Office; thence North 00 degrees 25 minutes 04 seconds East on said line 161.88 feet to the Southeasterly corner of said real estate: thence South 89 degrees 48 minutes 32 seconds West on the Southerly line of said real estate and the Westerly prolongation thereof. measured parallel with the South right -of -way line of Industrial Drive 420.00 feetio'the Easterly line of WILSON VILLAGE. THIRD SECTION. a subdivision in Hamilton County. Indiana. the plat of which is recorded on page of Plat Book 3. page 7 in said Recorder's Office: thence South 00 degrees 27 minutes 43 seconds Nest on said Easterly line and the Southerly prolongation thereof, being the Easterly line of WILSON VILLAGE, SECOND SECTION and the Easterly line of WILSON VILLAGE, SIXTH SECTION, as per the plats thereof recorded in said Recorder's Office t;, total distance of 1033.47 feet to the South line of said Southeast Quarter; thence North 89 degree4;26 minutes 16 seconds East on said South line, passing through the aforesaid Stone that is 1 53.60, feet West of the Southeast corner of said West Half a total distance of 1185.30 feet to a point on the Westerly Pg. 1 of 3 right -of -way line of Third Avenue, Southwest. said point being located 1204.35 feet South 89 degrees 26 minutes 16 seconds West of the Southeast corner of said Southeast Quarter. per DEDICATION OF PUBLIC RIGHT OF WAY TO THE TOWN OF CARMEL, INDIANA. as recorded on pages 20 and 21 of Deed Record 239 in said Recorder's Office; thence North 00 degrees 19 minutes 10 seconds East on said Westerly right -of -way line 594.02 feet to a point on a line that bears North 89 degrees 25 minutes 50 seconds East from the place of beginning, said point being also the Southeast corner of the aforesaid real estate described in the Warranty Deed recorded on page 745 of Deed Record 287; thence South 89 degre ;s 25 minutes 50 seconds West on said line 260.19 feet to the place of beginning. containing 20.692 acres, more or less. Page 2 of 3 I SIAEST VAN STREET i h cn -n na K x IA LM%/7 sm a-n -u IW u LM.A O[>ma AQTA P NM N MC laI POU Wati LLA t [MO Otp II�Lta N MI MAUL OK J p 6L!]41C�U -1Y �1}M S89 •48'32'W 420.00' a O c FIE S S89 50.00' ASSUMED NORTH 1 D fO AA siontuagramm I I I a r7 u') v Z o S89'26'16'W 453.26' _I� 58926019W 0 N PARKSIDE VILLAGE 20.692 acres T 'r Pg. 3 of 3 J N8926'16'E 1185.30' 0 0 CITY OF CARMEL, by and through its Board of Public Works and Safety ONE CIVIC SQUARE CARMEL, INDIANA 46032 Alli ty /I. es rainard, a c Pi on, Member Ydd gire,77d, Billy Wa cer, Member AT T: D L. Cordray, erk- Treasurer i