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HomeMy WebLinkAboutCherry Tree - Hinsahw, Earl - Sanitary Sewer D 9440798 r 19 SANITARY SEWER EASEMENT This Ingrument Recorde? EP 23 1994 partsi K. Cherry, Recorder, Hamilton County, IN KNOW ALL MEN BY THESE PRESENTS: That Earl Stephen Hinshaw hereinafter called the Grantor, of Hamilton County, Indiana, in consideration of the sum of Ten Dollars ($10.00) the receipt of which is hereby aknowledged, hereby grants and warrants to THE CITY OF CARMEL, INDIANA, its successors and assigns, hereinafter called the Grantee, a perpetual non exclusive easement for the Grantee's sanitary sewer along and over the Grantor's land, said easement being described as follows: Exhibit A Grantor hereby reserves to himself and his heirs an assigns the use of the above described land insofar as such use is not inconsistent with the easement hereby granted; provided, however that Grantor shall not construct or cause to be constructed or allow any construction of any structures thereon, except a street approved by the City of Carmel. In the event any construction or work is perfomed in connection with the operation and maintenance of sanitary sewer, the Grantee shall restore the surface of Grantor's land to the same condtion as it was prior to the commencement of such work. The Grantee covenants to maintain the easement in good repair so that not damage will result from its use to the adjacent land of the Grantor, his successors and assigns. Grantor hereby covenants that Grantor is the owner in fee simple of the real estate, is lawfully seized thereof, and has authority to grant and convey the foregoing easement, and guarantees the quiet possession thereof, and that Grantor will warrant and defend Grantee's title to the easement hereby granted against all claims by or through Grantee. —_J N W REVIEWED BY HAMILTON COUNTY AUDITOR'S OFFICE .c2.1.day of�; 192 cry f N IN WITNESS WHEREOF, the Grantor has executed this Easement this 1, day of September, 1994. Earl Stepen 'nshaw STATE OF INDIANA ss: COUNTY OF HAMILTON) Before me, a Notary Public in and for said county and state, personally appeared -EARrI. Siep l‘etu 1 aJ w who acknowledged the execution of the foregoing utility easement. Witness my hand and Notarial Seal this 1, day of September 1994. Cr) C y *0 r P 1 steld nt •ii# �/3 7 County. My Commision Expires: 9440798 1 CITY OF CARMEL ACCEPTANCE CITY OF CARMEL J- 4 4 1 11 Ted E. J. nsoi, Mayor i Rick McKin -y, Member Board f P blic Works 9/7/9y Steven Brown, Member Board of Public Works ATTEST: Susan Jones Clerk Treasurer 9440798 EXHIBIT A LEGAL DESCRIPTION FOR PROPOSED EASEMENT ACROSS I1IN3HAW REAL ESTATE A strip of ground of varying width to be used a a PERMANENT EASEMENT FOR SANITARY SEWER purposes, said strip being located in the South Half- of the Northwest Quarter of Section 22, Townshi• 18 North, Range 4 East in Clay Township., Hamilton County, Indiana, dee, r,ibed as follows: Beginning at a point on the North line of the S•.uth Half of Section 22, Township 18 North Range 4 East 376.02 feet Souh 55 minutes 13 seconds East assumed bearing) of the mid -po, fit" of said line; thence South 00 degrees 04 minutes 47 seconds West 105 77 feet to the point of curvature of a curve to the left having a radiu of 290.00 feet; thence Southeasterly, curving to the left on said eury an arc distance of 16.10 feet to a point that is 290.00 feet South 86 degrees 53 minutes 58 seconds West of the radius point of said curve; thence South 78 degrees 58 minutes 17 seoonds•Weet 5.05 feet to a point on a non tangent curve having a radius of 295.00 feet and ev.common, rid tia r"it,,,,of, tha,laat, described curve; thence Southeasterly, curving ,o the left on said curve, an arc distance of 133.05 feet to the po nt of tangency of said curve at a point 295.00 feat South 60 degrees 5' minutes 24 seconds West of the radius point of maid curve; thence South 29 degrees 04 minutes 36 seconds East 281.36 feet to the point of curvet re of a curve to the right having a radius of 305.00 feet; thence So thwesterly, curving to the right on said curve, an are distance of 134 61 feet to the point of tangency of said curve at a point 305.00 feet Nsrth'86 degrees 12 minutes 36 seconds East of the radius point of aid curve; thence South 03 degrees 47 minutes 24 seconds East 155.88 fe:t to..the point of Cb curvature of a curve to the right having a radi a of 305.'00 feet; thence v Southwesterly, curving to the right on said: e, an arc distance of cV 326.47 feet to a point that is 305.00 feet Sout 32 degrees 27 minutes a 43 seconds Bast the radius point of said'cur e; thence South 29 W iz degrees 38 minutes 34 seconds East 169.06 feet •o a point 60.00 feet North 26 degrees 25 minutes 04 seconds West of •he centerline of Cherry -o Tree Road as now located and improved; thence South 63 degrees 34 minutes 56 seconds West parallel with said centerline 89.00 feet to the cc z point of curvature of a curve to the left Navin_ a radius of 630.45 E g feet; thence Southwesterly, curving to the left on said curve and concentric with the centerline of said Cherry T ee Road, an arc distance g of 100.35 feet to a point that. ..is, ..630,45 feet N.rth 35 degrees 32 minutes 16 seconds West of the radius point of :aid curve; thence South 30 degrees 55 minutes 15 seconds East 34.76 fee• to a point on the South line of said Northwest Quarter that is 924.90 f:et North 89 degrees 50 minutes 27 seconds West of the Southeast corner of said Northwest Quarter; thence South 89 degrees 50 minutes 27 econde East on said South line 29.19 feet; thence North 30 degrees 5 minutes 15 seconds West 31.33 feet to a point on a non tangent cur e having a radius of 610.45 feet and a common radius point with the last described curve; thence Northeasterly, curving to the right on a -id curve and concentric with the aforesaid centerline of Cherry Tree Ro an arc distance of 73.73 feet to the point of tangency of said cur a at a point 610.45 feet North 26 degrees 25 minutes 04 seconds West of he radius point of said curve; thence North 63 degrees 34 minutes 56 se •nds Eaat 120.17. feet; thence North 29 degrees 38 minutes 34 seconds W -at 173.54 feet to a point on a non-tangent curve having a radius of 325.00 feet and a common radius point with the last described curve have, a radius of 305.00 feet; thence Northeasterly, curving to the left •n said curve, an are distance of 318 ;72 Ieet to the point. of tangenc- of said curve at a. point 305.00 feet North 86 degrees 12 minutes 36 seconds East from the radius point of said curve; thence North 03 deg •es 47 minutes 24 _____seconds West 155.88 feet to the point of curvet •e of a curve to the left having a radius of 325.00 feet; thence westerly, curving to tha left on said an arc distance of 143.4' feet to the point of tangency of said curve at a point 325.00 feet North 60 degrees 55 'i minutes 24 seconds East of the radius point of s' =id curve; thence North 29 degrees 04 minutes 36 aeoonds West 281.36 fee to the point of curvature of a curve to the right having a radiu of 275.00 feet; thence Northeasterly, curving to the right on said eurv., an arc distance of 139.94 feet to the,.point of tangency of said cur e; thence North 00 degrees 04 minutes 47 seconds Eaat 105.77 feet t. the North line of the South Half of said Northwest Quarter; thence or h 89 degrees 55 minutes 13 seconds West on said North line 15.00 feet to the place of beginning. Subject to all legal easements and rights -of -ways, 9440798 Together with a TEMPORARY CONSTRUCTION EASEMENT, _lying Easterly of and adjacent to the Easterly line of the above described PERMANENT SANITARY EASEMENT and being fifty feet in width by parall 1 and concentric with t4In Bnrtnrl« Line nF agiri' norMnnnrtt epanr+*•«•t.