HomeMy WebLinkAbout3rd Ave SW-Burks, Peter I D v 9609642394
Instrument Filed for Record in
9609642394 HAMILTON COUNTY, INDIANA
MARY L CLARK
On 10 07 -1996 At 01:54 pm.
EASEMENT EASE 24.00
THIS EASEMENT, executed this day of 1996, by Peter B. Burks
"Grantor WITNESSES:
In consideration of the sum of l4_CAeek.A
1 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.
Said easement is conditionally granted dependent upon restoration to original condition of the
easement, including any paving, asphalt or concrete disturbed by the City of Carmel, Indiana.
Grantor reserves the right to subsequently build a driveway which will encroach the easement
subject to approval by the City of Carmel, Indiana Board of Public Works and Safety.
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
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successors and assigns.
IN WITNESS WHEREOF, Grantor has executed this instrument on the day and in the
year first above written.
,t e /f i
Peter B. Burks
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Peter B.
Burks, and being first duly sworn, acknowledged the execution of the foregoing Easement •::h
Witness my hand and Notarial Seal this 6th day of September 1996
f l 7 II: r7
attet 4:;• Notary Public Cla -a M. Spidel 7-,,.,
My commission expires: 1 -10 -97 O
My County of Residence: Hamilton 3'
fomu\burks easement
This Instrument Prepared by Debra M. Grisham, City Attorney, City of Carmel, Indiana
E)4,6 '4
LAND DESCRIPTION
(Drainage Easement) 43ur,LS
Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Ran 3 East in
Clay Township, Hamilton County, Indiana, described as follows:
A strip of land 15 feet in width by parallel lines off the entire south side of a 2.567 acre tract of
land as described in a Quitclaim Deed of which is recorded as Instrument Number 95 -23727 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.
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15' DRAINAGE EASEMENT
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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 Half 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 -wav line of
Second Street SW; thence North 89 degrees 15 minutes 46 seconds East on said south right -of-
way line 12 2.15 feet (deed, 124.43 feet. measured) to the West right -of -wav line of Third Avenue
SW: thence South 01 degree 03 minutes 30 seconds West on said West right -of -wav 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
Trustees 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
Recorders 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
feet to a point that is 450.00 feet South 00 degrees 25 minutes 04 seconds West of the Southerly
right -of -wav line of the aforesaid Industrial Drive; thence South 89 degrees 48 minutes 32
seconds West parallel with said right -of -wav 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 feet 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 Recorders Office: thence South 00 degrees 27 minutes 43 seconds
West 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 Recorders Office.a total distance of
1033.47 feet to the South line of said Southeast Quarter; thence North 89 degree s 7_6 minutes 16
seconds East on said South line, passing through the aforesaid Stone that is 15360 feet West of
the Southeast corner of said West Half a total distance of 1185.30 feet to a point on the Westerly
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right -of -way line of Third Avenue, Southwest. said point being Located 1204.35 feet South 39
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 237; thence South 39 degrees 25 minutes 50 seconds West
on said line 260.19 feet to the place of beginning. containing 20.692 acres, more or less.
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CITY OF CARMEL, by and through its Board of Public Works and Safety
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
/arnesBrai ard,
on at son, Mem. er
Sidgraf
Billy Aker, Member
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Diana L. Cordray, Clerk -Trea r