HomeMy WebLinkAboutEden Glen - Lot 19-Wheeler, Edward/Jane Easement and all Release of Easements GRANT OF EASEMENT
Comes now EDWARD WHEELER and JANE WHEELER, husband
and wife, being the owners of Lot 19 Eden Glen, Hamilton
County, Indiana, as per plat thereof, recorded in Plat Book 3,
Page 148 in the Office of the Recorder of Hamilton County,
and for and in consideration of the sum of One Dollar ($1.00),
receipt of which is hereby acknowledged, and for other good
and valuable consideration, hereby grants and convey to the
City of Carmel, State of Indiana, an easement and right of way
for a certain sanitary sewer hereinafter more particularly
designated and described, over and across lands owned by and
situated in the County of Hamilton, State of Indiana, as
hereinbefore described. The sewer easement is more particu-
larly described as follows:
A strip of ground (30) thirty feet in width
lying in a part of Lot 19 in Eden Glen, a
subdivision in Hamilton County, Indiana, the
plat of which is recorded in Plat Book 3, Page
148 in the Office of the Recorder of Hamilton
County, Indiana, the centerline of said strip
being more particularly described as follows,
to wit:
Beginning at a point on the Northwesterly line
of said Lot 19, South 52 degrees 14 minutes 13
seconds West 38.65 feet from the Northeast
corner thereof; thence North 89 degrees 49
minutes 07 seconds East 30.71 feet to the East
line of said lot, said point being South 00
degrees 22 minutes 34 seconds East 23.57 feet
from the Northeast corner of said Lot 19, said
point also being the END POINT OF THIS DESCRIP-
TION.
The right of way hereby conveyed and released is for
the sole purpose of locating, establishing, constructing and
maintaining over and across the above described land a certain
sewer; the need for such sewer has been determined by the City
of Carmel.
IN WITNESS WHEREOF, we have hereunto set our hands
and seals this day of /4 1976.
ei 4)7,4,Y,
EDWARD WH ELER
ff
JANE WHEELER
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County
and State,_ personally appeared EDWARD WHEELER and JANE WHEELER,
who acknowledged the execution of the foregoing Grant of Ease
sent, and who, having been duly sworn, stated that any repre-
sentations therein contained are true.
Witness my hand and Notarial Seal this /2 day
of (l�-- t- (.44J. -c 19 7 6
U
Notary Public /J
My Commission Expires:
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This instrument was prepared by Ezra H. Friedlander, Attorney at Law.
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3675 .North Post Road Vincent J. Schneider, PE LS, President
Indianapolis, lndiana 46226 John V. Schneider PE LS, VP.
(317) 898 -8282
James G. Ochs, A.I.A., V.P.
Mailing Address
P. 0.. Box.26068
SCHNEIDER ENGINEERING CORPORATION
Civil E ngi ne ers Land Surveyors
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LEtAL DESCRIPTION
"SEWER EASEMENT LOT #19 EDEN GLEN"
A strip of ground (30) thirty feet in width .lying in a part of Lot
19 in 'Eden Glen, a- subdivision in Hamilton County, Indiana, the plat
of which is recorded in Plat Book 3, page 148 in the Office of the
Recorder of Hamilton County,'. the centerline of•said strip
-being more particularly 'described as follows, towit:
Beginning at a_pointon the Northwesterly line of said Lot 19,
South 52 degrees .14 minutes. 13 seconds West 38.65 feet from the North-
._east- corner.thereof;_thence North 8.9 degrees 49 minutes 07 seconds
East 30.71 feet to the East -line of said lot,. said point -being South
:00 degrees 22 minutes 34 East .23.57 feet from the Northeast
corner of said Lot 19, said point also being END POINT OF THIS
DESCRIPTION.
The sidelines of said easement are to be lengthened and /or shortened
to germinate in the_ lines of Lot 19.
7/28/76 z
should not be used to determine property lines.
EXHIBIT "A"
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Prepared for:
American Fletcher National Bank
Re: Edward C. Wheeler
Lot #119 in EDEN GLEN, Hamilton County, Indiana, as per plat thereof, recorded
in Plat Book 3, page 148, in the office of the Recorder of Hamilton County.
I, the undersigned, hereby certify that the building improvements are situated on the
above described real estate and wholly vs ithin the boundaries thereof; that the buildings
located on adjoining properties do not encroach thereon; and that the records of the
Hamilton County Drainage Board and a visual inspection do not indicate that the•re`al'
estate is within the statutory easement of a legal drain. 1-'.. 4.
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Certified September 10, 1973 :y
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Allan H. Weihe, Reg. L. S. Indiana #110398
L 1c) ftl[I I r WEIHE ENGI�iEERS INC.
1[. 1 1��i -�1 �_F ►J 1WSOS N COI ttGL A \'[NUE 2
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a� INDIAh.: 'OlIS INDIANA 46 ?80 v,cl
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ANCEL, FRIEDLANDER, MIROFF ANCEL
ATTORNEYS AT LAW
SUITE 1770
STEVEN H. ANCEL MARKET SQUARE CENTER TELEPHONE
EZRA H. FRIEDLANDER INDIANAPOLIS, INDIANA 634 -9052 I✓
FRANKLIN 1. MIROFF 46204 AREA CODE 317 s,,
JERALD I. ANCEL .1
DANIEL KARNOWSKY
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June 11, 1976 ti "V
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Mr. Fred Hohl ��9 /I
City Engineer C
Town of Carmel
Carmel, IN 46032
Re: Ed Wheeler
11819 Eden Glen Drive
Carmel, IN
Dear Fred:
Pursuant to my phone conversation with you, you will find
enclosed Xerox copies of the following two surveys:
1. Mortgage survey showing utility easements
2. 1976 property line survey with stakes for potential
swimming pool
I would appreciate your reviewing this and letting me know
the City's position. In the event your. manhole is at the
south end of that easement, the sewer lines run, if I recall,
east and west and therefore a partial vacation could be worked
out.
Best regards,
E a H. Friedlander
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Enclosures
cc: Dr. Ed Wheeler
NOTE: This plat is for mortgage purposes cnly and
should not be used to determine property lines.
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Prepared for:
American Fletcher National Bank
Re: Edward C. Wheeler
Lot #19 in EDEN GLEN, Hamilton County, Indiana, as per plat thereof, recorded
in Plat Book 3, page 148, in the office of the Recorder of Hamilton County.
I, the undersigned, hereby certify that the building improvements are situated on the
above described real estate and wholly within the boundaries thereof; that the buildings
located on adjoining properties do not encroach thereon; and that the records of the
Hamilton County Drainage Board and a visual inspection do not indicate that the. r'e'al'' "'«r,:,
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estate is within the statutory easement of a legal drain. A
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Certified September 10, 1973
Allan H. Weihe, Reg. L. S. Indiana #10398 Y.
1_ (_T I-) WEIHE ENGINEERS INC. y
'ALIAYM WEIRS,
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ma INDIANAPOLIS, INDIANA 46280 GARY AE RN.'L S
VICE PRESIDENT
I "I: NGIN! l R5 1 AND SIIRVi ORS I AND Pl ANNERS
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Lot #19 in EDEN GLEN, in Hamilton County, Indiana, as per plat thereof,
recorded in Plat Book 3, page 148 in the Office of the Recorder of Hamilton
County, Indiana.
I, the undersigned, hereby certify that the east property line was staked
as indicated on the within plat.
Certified June 4, 1976 1: ,,),5,tiat:t >•9,;,
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Allan H. Weihe, Reg, L. S. Indiana #10398: i Ix 0. i.? j
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LoT /9 t E IHE ENGINEERS INC.
ALL AN rvF.He i LS
PRE SIDEN I
L N C L EN 10505 N COLLEGE VENUE
a INDIANAPOL IN INDIANA 46280
CIV■1 Eh .IhEERS L AMM'SUHV1.' O OMS 14N() PLA,,FRS
BRUNING 40 -22 27404
This Indenture Witnesseth, That PUBLIC SERVICE COMPANY OF INDIANA, 1NC an Intl irn corporation
havini3 Its principal office in the Town of Plainfield, in IkndrIcka County, Indiana, Grantor, REL EASE S AND
QUITCLAIMS TO EDWARD C. WHEELER, an individual,,
of Hamilton County, i the State of Indiana Gra „t0e_
Twenty-five (25)
/or the sum of I- -K __Aollars.and otbor valuable coreaideratlona, the receipt of wblcb is hereby aclrnowladged, all
the rlg5t, title and interest of the Grantor in and to the following REAL ESTATE in Hamilton
Cotrty, In !be State of Indiana, to-wit,
The fifteen (15) foot sewer and utility easement
running along the East boundary of Lot 19 in Eden
Glen in Hamilton County, Indiana; further described
as a strip of land approximately fifteen (15) feet
in width and running in a northerly direction along
the East boundary of Lot 19 in Eden Glen, in Hamilton
County, Indiana approximately two hundred seventy -five
(275) feet from the Southeast corner of said Lot 19
to the Northeast corner of said Lot 19, all as per plat
thereof, recorded in Plat Book 3, page 148, in the
office of the Recorder of Hamilton County, Indiana.
IN WITNESS WHEREOF, the amid PUBLIC SERVICE COMPANY OF INDIANA, INC., has caused this indenture to
be signed In Its proper corporate tame, to be attested with ha proper corporate steal, and to be duly acknowledged, all by
Lt* proper corporate officers' thereunto duly authorized, thin day of 19 76,
PUBLIC ERVICE COMPANY OF INDIANA, INC.,
(Vern. Rehn trom)
Attest: 1 Vice President
(W. J. Hebble) Assistant Secretary
STATE OF INDIANA, 1
COUNTY OF HENDRICKS SS:
I, L., Elaine Dieckman a Notary Public in tar
and for the Counry and Sr aforesaid,
duly commissioned and qualified, do hereby certify that, on this 47Cx C day of`JJ/./(4 ,1976
before me peraomlly appear _Vernley R. Rehnstrom and W. J. Hebble
a Vice President and the Assistant Secretary, respectively, of Public
Service Company of Indiana, Inc., an Indiana corporation, who, as such Vice President and Assis.
Secretary, respectively, of said corporation, executed the foregoing indenture for and on belmif and in the none obanid
Public Service Company of Indiana, Inc.; and they acknowledged the execution of said indenture and thnt they execarredl th(
said indentuae voluntarily, no such Vice, Presid d nt an Ass .t
gd Secretary, te of a ald Public
titrvice Company of Indiana, Inc. as their tree and vo uncary act and deed us much officrn and the free act and d c't
said Public Service Compnny of Indiana, Inc., for the uses and purposes set forth in said indenture.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my notarial seal, on the day, month nncf prnr
aforesaid.
j..el•- ola °'ublic
My Commiaclon expires /J 7 °2 f 9
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This 'instrument prepared by
Ronald 'J. 'Brothers, Attorney at
'Law, 1000 -East Main Street,
Plainfield, Indiana 46168.
ANCEL, FRIEDLANDER, MIROFF ANCEL
ATTORNEYS AT LAW
SUITE 1770
STEVEN H. ANCEL MARKET SQUARE CENTER TELEPHONE
EZRA H. FRIEDLANDER INDIANAPOLIS, INDIANA 634 -9052
FRANKLIN I. MIROFF 46204 AREA CODE 317
JERALD I. ANCEL ..i
DANIEL KARNOWSKY c') i.) ,�'2.,,�
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August 16, 1976
Mr. Fred Hohl
City Engineer
City of Carmel
130 1st Avenue, S.W.
Carmel, IN 46032
Re: 11819 Eden Glen Drive
Dr. Edward Wheeler
Dear Fred:
Enclosed you will find original Grant of Easement executed
by Ed and Jane Wheeler for the sewer easement correction.
In addition you will find Release of Interest in Easement to
be executed by the City of Carmel and returned to me for
filing. If you have any questions please contact me.
Best regards,
Ez a H. Friedlander
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Enclosures
TE-24
RELEASE OF EASEMENT
THIS INDENTURE WITNESSETH, that Indiana Bell Telephone Company, Incorporated,
a corporation duly organized and existing under the laws of the State of Indiana, with its principal
office located at 240 North Meridian Street, Indianapolis, Indiana, for and in consideration of the sum
of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged,
does hereby release and quitclaim unto the present owner or owners of record, their heirs, adminis-
trators, executors, personal representatives, successors and assigns all right and privilege of whatever
nature which it may have in and to the following described utility easement, situated in
County, State of Indiana, to wit:
An easement 15 feet in width, running west of and parallel to the
entire east Property line of Lot #19 in Eden Bien Sub Division,
Hamilton County, Indiana for a distance of 275 feet. Said easement
was recorded in Plat Book 37'age in e 1 ice o e 'ecor.er
of Hamilton County.
IN WITNESS WHEREOF, Indiana Bell Telephone Company, Incorporated, has caused
this instrument to be duly execute by its authorized officers and its corporate seal to be hereunto
affixed this a day of 12 7
INDIANA BELL TELEPHONE COMPANY, INCORPORATED.
B Cl
W. F. k
Chief Engineer.
ATTEST:
Helen Kuhnle
Assistant Secretary.
STATE OF INDIANA
SS
COUNTY OF MARION
Personally appeared before me, a Notary Public, in and for sa'd County and State, this
day of +-P %9 76, Chief
Engineer of India Bell Telephone Company, Incorporated, and
its Assistant Secretary and acknowledged their execution and attestation of the above instrument as
their voluntary act and deed on behalf of said corporation.
Witness my hand and Notarial Seal this a day of /q7c
J2 Notary Public.
My commission expires.k /9 7
This instrument was pre -pared by B. N. Cracraft.
RELEASE OF INTEREST IN EASEMENT
Comes now the HAMILTON CABLE TV, INC., and for and in con-
sideration of One Dollar ($1.00), receipt of which is hereby
acknowledged, and for other good and valuable consideration hereby
releases itself, its successors and its assigns from any and all
right, title and interest, or right to use that it may presently
have in and into a 15 foot sewer and utility easement on the east
property line of Lot #19 Eden Glen as shown in Plat Book 3, Page
148, in the office of the Recorder of Hamilton County, and as more
particularly shown in the hatched area on Exhibit A attached here-
to and made a part hereof. Said Exhibit A being a mortgage survey
certified September 10, 1973, by Allan Weihe, a registered land
surveyor, for Lot #19 Eden Glen.
IN WITNESS WHEREOF, Hamilton Cable TV, Inc. has executed
this Release of Interest in Easement this u 0- day of Uu l,ti
1976.
HAMILTON CABLE TV, INC.
Y l S C�
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and
State, personally appeared J, the
of Hamilton Cable TV, Inc., who acknowledged
execution of the foregoing Release for and on behalf of said
Releasor, and who, having been duly sworn, stated that the repre-
sentations therein contained are true and that he has the authority
to execute this Release.
Witness my hand and Notarial Seal this 7= day of
1976.
\I 7
Notary Public
My Commission Expires:
1L This instrument was prepared by Ezra H. Friedlander, Attorney at Law.
should not be used to determine property lines.
EXHIBIT "A" 1.
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Prepared for:
American Fletcher National Bank
Re: Edward C. Wheeler
Lot #'19 in EDEN GLEN, Hamilton County, Lidiana, as per plat thereof, recorded
in Plat Book 3, page 148, in the office of the Recorder of Hamilton County.
I, the undersigned, hereby certify that the building improvements are situated on the
above described real estate and wholly within the boundaries thereof; that the buildings
located on adjoining properties do not encroach thereon; and that the records of the
Hamilton County Drainage Board and a visual inspection do not indicate that the•reaT
estate is within the statutory easement of a legal drain.
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Certified September 10, 1973
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Allan H. Weihe, Reg. L. S. Indiana /10398
1_c I°) l'r'EIHE ENGINEERS INC. �Y
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SOS, ND NA 46280 i .e is
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RELEASE OF INTEREST IN EASEMENT
Comes now the Indiana Gas Company, Inc., and for
and in consideration of One Dollar ($1.00), receipt of which
is hereby acknowledged, and for other good and valuable con-
sideration hereby releases itself, its successors and its
assigns from any and all right, title and interest, or right
to use that it may presently have in and into a 15 foot sewer
and utility easement on the east property line of Lot #19
Eden Glen as shown in Plat Book 3, Page 148, in the office of
the Recorder of Hamilton County, and as more particularly
shown in the hatched area on Exhibit A attached hereto and
made a part hereof. Said Exhibit A being a mortgage survey
certified September 10, 1973 by Alan Weihe, a registered land
surveyor, for Lot #19 Eden Glen.
IN WITNESS WHEREOF, Indiana Gas Company, Inc. has
executed this Release of Interest in Easement this 16th day
of June 1976.
INDIANA GAS COMPANY, INC.
W. E. Falk; Jr., Vice President
STATE OF INDIANA
)SS:
COUNTY OF MARION
Before me, a Notary Public in and for said County
and State, personally appeared W. E. Falk, Jr. the
Vice President of Indiana Gas Company, Inc., who acknowledged
execution of the foregoing Release for and on behalf of said
Releasor, and who, having been duly sworn, stated that the
representations therein contained are true and that he has
the authority to execute this Release.
Witness my hand and Notarial Seal this 16th day of
June 1976.
&di
Notary Public
My Commission Expires:
WILBUR L. BAKER, NOTARY PUBLIC
My Commission Expires April 23, 1978
This instrument was prepared by Ezra H. Friedlander, Attorney at Law.
NOTE: in:s 1,1;:t is ;or mortgage purposes only and
should not be used to determine property lines.
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Prepared for:
American Fletcher National Bank
Re: Edward C. Wheeler
Lot #19 in EDEN GLEN, Hamilton County, Indiana, as per plat thereof, recorded
in Plat Book 3, page 148, in the office of the Recorder of Hamilton County.
I, the undersigned, hereby certify that the building improvements are situated on the
above described real estate and wholly within the boundaries thereof; that the buildings
located on adjoining properties do not encroach thereon; and that the records of the
Hamilton County Drainage Board and a visual inspection do not indicate that the•real
estate is within the statutory easement of a legal drain.
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Certified September 10, 1973 r
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Allan H. Vv%eihe, Reg. L. S. Indiana #10398
Lip 4. Ic) WEIHE ENGINEERS INC. ,y••
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_O =LA ��L) 10505 N COLLEGE AVENUE
L. ,L.E INDIAN. POL IS INDIANA 46280 G•rry t •tAa t
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RELEASE OF INTEREST IN EASEMENT
I
Comes now the City of Carmel, and for and in
consideration of One Dollar ($1.00), receipt of which is hereby
acknowledged, and for other good and valuable consideration
hereby releases itself, its successors and its assigns from any
and all right, title and interest, or right to use that it may
presently have in and into a 15 foot sewer and utility easement
on the east property line of Lot #19 Eden Glen as shown in Plat
Book 3, page 148, in the Office of the Recorder of Hamilton
County, and as more particularly shown in the hatched area —on
Exhibit_A__a ttached hereto and made a part hereof. Said Exhibit
be` g a mortgage survey certified September 10, 1973 by Alan Weihe, 6
a registered land surveyor, for Lot #19 Eden Glen.
IN WITNESS WHEREOF, the City of Carmel has executed this
Release of Interest in Easement this day of
1976.
CITY OF CAR.MEL
By
Albert B. Pickett, Mayor
ATTEST:
Peggy Lou Smith
Clerk Treasurer
This Instrument was prepared by Ezra H. Friedlander, Attorney at Law.
ORDINANCE NUMBER l4 Q.
ORDINANCE RELEASING INTEREST IN EASEMENT
WHEREAS, all public utilities have previously released
their easements rights on a certain 15 foot sewer and utility
easement on the east property line of Lot No. 19 in Eden Glen,
plat of which is recorded in Plat Book 3, page 148 in the Office
of the Recorder of Hamilton County, Indiana, and
WHEREAS, the Common Council of the City of Carmel has
determined that it would be in the best interest.of the owner
of the aforesaid real estate and in the best interests of the
City of Carmel to release said easement.
NOW THEREFORE, be it ordained by the Common Council for
the City of Carmel, to -wit:
That it hereby approves the release of the City of
Carmel's interest in a certain 15 foot sewer and utility easement
on the east property line of Lot No. 19 in Eden Glen, title of
which is recorded in Plat Book 3, page 148 in the Office of the
Recorder of Hamilton County, Indiana, and approves the form of
said release which is attached hereto and marked Exhibit v-
Dated this Ci day of d--/J7 1976.
Presidi g Officer
ATTEST:
Peggy Lou Smith
Clerk- Treasurer
APPROVED:
A 6 3 6 ert B. ic�}�"ett
Mayor
DATED: i 7 r!r` �f
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RELEASE OF INTEREST IN EASEMENT
Comes now the City of Carmel, and for and in
consideration of One Dollar ($1.00), receipt of which is hereby
acknowledged, and for other good and valuable consideration
hereby releases itself, its successors and its assigns from any
and all right, title and interest, or right to use that it may
presently have in and into a 15 foot sewer and utility easement
on the east property line of Lot #19 Eden Glen as shown in Plat
Book 3, page 148, in the Office of the Recorder of Hamilton
County, and as more particularly shown in the hatched area on
4 AA
Exhibit A attached hereto and made a part hereof. Said Exhibit A c,
being a mortgage survey certified September 10, 1973 by. Alan Weihe,
a registered land surveyor, for Lot #19 Eden Glen.
IN WITNESS WHEREOF, the City of Carmel has executed this
Release of Interest in Easement this day of A
/2
1976.
CITY OF CARMEL
By 4
B ert Pic ett, Ma; or
ATTEST;
/7
Peggy Lou Smith
Clerk Treasurer
This Instrument was prepared by Ezra H. Friedlander, Attorney at Law.
ENiffefr
STATE OF INDIANA
SS:
COUNTY OF HAMILTON)
I, Peggy Lou Smith, hereby certify that I am the duly
elected and acting Clerk Treasurer of the City of Carmel,
Indiana, and that the attached Ordinance was duly adopted by
the Common Council of said City on the K;) day of
vi_i% 11 71I t 1976.
,,2 7:_yr
Clerk Treasurer'
should not be used to determine property lines.
EXHIBIT "A"
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Prepared for:
American Fletcher National Bank
Re: Edward C. Wheeler
Lot 1119 in EDEN GLEN, Hamilton County, Indiana, as per plat thereof, recorded
in Plat Book 3, page 148, in the office of the Recorder of Hamilton County.
I, the undersigned, hereby•certify that the building improvements are situated on the
above described real estate and wholly within the boundaries thereof; that the buildings
located on adjoining properties do not encroach thereon; and that the records of the
Hamilton_ County Drainage Board and a visual inspection do not indicate that the- reap"
estate is within the statutory easement of a legal drain. e +4 c
Certified September 10, 1973 1 N 0-1/4. j r
W i t 1 P
Allan H. Weihe, Reg. L.S. Indiana #10398.
LC:5r I', [3 WEIHE ENGINEERS INC..
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