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HomeMy WebLinkAboutRange Line - Carmel Properties EASEMENT FOR INGRESS AND EGRESS The City of Carmel, Indiana, (hereinafter referred to as "City of Carmel hereby grants the following easement to Carmel Properties, an Indiana general partnership, (hereinafter referred to as "Carmel Properties Recitals A. Carmel Properties is the owner of certain real estate located in Carmel, Indiana, which real estate is more particularly described in Exhibit A attached hereto and made a part hereof, (hereinafter referred to as "Benefitted Property B. The City of Carmel has embarked on a program to widen Rangeline Road to become a four lane highway. In conjunction therewith the City of Carmel, pursuant to the power of eminent domain, instituted a program of acquisition of land bordering Rangeline Road. As a part of this program of acquisition, the City of Carmel acquired a strip of ground off of the eastside of the Benefitted Property. (This strip of ground is hereinafter referred to as the "Easement Property C. A portion of the deed of conveyance of the Easement Property reads as follows: It is understood between the parties hereto, and their successors in title, and made covenant herein which shall run with the land, that all lands hereinbefore described excepting any parcels specifically designated as easements or as temporary rights of way are conveyed in fee simple and not merely for right of way purposes, and that no reversionary rights whatsoever are intended to remain in the grantor(s). This language inadvertently raised questions concerning Carmel Properties' access to its own property. C. Carmel Properties and the City of Carmel desire to make sure that access to the Benefitted Property is available for Carmel Properties and its successors and assigns. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the receipt of which is hereby acknowledged, and other r 2 good and adequate consideration, City of Carmel agrees as follows: 1. Easement Grant. The City of Carmel hereby grants,' conveys and transfers a perpetual right and easement in, over and across the Easement Property for ingress and egress of pedestrian and vehicular traffic through the Easement Property to the Benefitted Property. The legal description of the ease- ments is attached hereto and incorporated herein as Exhibit B. 2. Persons to Whom Granted. The easement rights provided by this document are granted to Carmel Properties and its successors and assigns; to the lessees, sublessees, occupants, mortgagees, invitees, business visitors and licensees of Carmel Properties and its successors and assigns; to all public and private utilities serving any part of the Benefitted Property; and to all other persons furnishing services to the Benefitted Property. 3. Easement Appurtenant. This agreement and the terms and conditions herein shall be appurtenant to, imposed upon, apply to and run with the Benefitted Property and the Easement Property and shall be.binding upon and inure to the benefit of the owners and occupants of such property. Executed this rday of 1981. CITY OF CARMEL, INDIANA BY rig: 4 State of Indiana O SS: County o Sworn and subscribed to before me, Noty Public in and for said County and State, this /,.,;'day of te.,,< 1981. ic) d; Al My Commission Expires: Notary P .fiP 03/igefr i County of Residence This instrument prepared by Stephen A. Harlow, 911 E. 86th Street, Indianapolis, Indiana 46240. EXHIBIT A Former Carmel Bank Property A part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East, described as follows: Beginning at a point 901.80 feet North of the Southeast corner of said Section 36; run West 378.40 feet; thence North 223 feet; thence East 375 feet; thence South 225.45 feet to the place of beginning, said tract being known as Tract 5 of the Hummer Plat of Lands, in Hamilton County, Indiana. EXCEPT: Commencing at the Southeast corner of said Section; thence North 1 degree 51 minutes 30 seconds West 901.80 feet along the East line of said Section; thence South 88 degrees 48 minutes 45 seconds West 35.00 feet to the point of beginning of this description, which point is the intersection of the West boundary of Rangeline Road (Westfield Boulevard) with the South line of the owner's land; thence South 88 degrees 48 minutes 45 seconds West 5.00 feet along said South line; thence North 1 degree 51 minutes 30 seconds West 162.73 feet; thence'South 88 degrees 08 minutes 30 seconds West 5.00 feet; thence North 1 degree 51 minutes 30 seconds West 10.00 feet; thence North 88 degrees 08 minutes 30 seconds East 5.00 feet; thence North 1 degree 51 mintues 30 seconds West 52.46 feet to the North line of the owner's land; thence North 88 degrees 26 minutes 25 seconds East 5.00 feet along said North line to the West boundary of Rangeline Road (Westfield Boulevard); thence South 1 degree 51 minutes 30 seconds East 225.22 feet along said West boundary to the point of beginning.' EXI IIBIT B Proposed Access Easement Description Former Carmel Bank Property Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in I-Iamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East; thence North 00 degrees 00 minutes 00 seconds (assumed bearing) on and along the East line thereof 989.00 feet; thence North 90 degrees 00' seconds West 35.00 feet to the True Beginning Point of the easement herein described on the East line of real estate con- veyed to the City of Carmel by a Warranty Deed recorded in Deed Record 316, page 591 in the Office of the Recorder of Hamilton County, Indiana, (said East line also being the West line of Range Line Road (Westfield Boulevard) as referred to in said deed); thence North 90 degrees 00 minutes 00 seconds West 5.00 feet to the West line of said City of Carmel real estate; thence North 00 degrees 00 minutes 00 seconds on and along said West line 40.00 feet; thence North 90 degrees 00 minutes 00 seconds East 5.00 feet to the East line of said real estate; thence South 00 degrees 00 minutes 00 seconds on and along said East line 40.00 feet to the True Beginning Point.