HomeMy WebLinkAboutOld Meridian - Provindence Commercial Partners g Co o 0 gu
Cross Reference: 200019557
AJ
GRANT OF EASEMENT
THIS GRANT OF EASEMENT "Easement made this 28 day of June, 2000, in
consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, whereby PROVIDENCE COMMERCIAL
PARTNERS, LLC, an Indiana limited liability company (herein called "Grantor does hereby grant
unto THE CITY OF CARMEL, INDIANA (herein called "Grantee its successors and assigns, a
perpetual, non exclusive easement extending twenty (20) feet from each side of the centerline of
potable water lines and sanitary sewer lines installed or constructed after the date of this Easement
(collectively, the "Lines upon, under, over and through certain real estate which Grantor owns
situated in the County of Hamilton, State of Indiana, said real estate being more particularly
described and depicted on Exhibit A attached hereto and incorporated herein by reference (herein
called the "Easement Real Estate The easement granted herein is granted in order to install,
construct, maintain, operate, alter, repair, remove, change the size of and replace the Lines, and
appurtenances thereto. The Easement granted herein shall not include any domestic or fire service
lines, except to the extent the same are needed within the easement in order to connect to the
distribution water mains and /or the sewer collection mains, nor shall the Easement include any
portion of the Easement Real Estate on which a structure is located on or after the date of this
Easement, provided, however, that Grantor shall not, on or after the date of this Easement, construct
or install any structures within twenty (20) feet of any Lines which are installed on the Easement
Real Estate, except that Grantor may install or construct roads, parking surfaces, curbs, or other
paved surfaces on any portion of the Easement Real Estate, including within twenty (20) feet of
existing Lines.
Grantor hereby warrants and agrees to defend the title to the Easement Real Estate, having
acquired the Easement Real Estate by deed recorded in the office of the Recorder of Hamilton
County, Indiana, as instrument number 200019557.
Grantee, by the acceptance of this Easement, agrees to assume liability for any damage to
property on the Easement Real Estate created as a result of Grantee's installing, constructing,
operating, removing, repairing or replacing the Lines and services and appurtenances thereto, and
Grantee agrees to restore said Easement Real Estate to substantially the same condition as it was
prior to any such installation, construction, operation, removal, repair, replacement or other conduct
which created said damage.
Grantor shall be entitled to the continued use and enjoyment of the Easement Real Estate
during the term of this Easement, except for the purposes granted to Grantee, and provided Grantor
shall not unreasonably interfere with the exercise by Grantee of the rights granted herein.
Grantor agrees that the Lines and other accessories, fixtures and materials in connection
therewith shall at all times remain the property of Grantee, with the right of ingress and egress
thereto, and subject to the rules and regulations of Grant 0000035380j
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 07 -20- 2000 At 03:26 pm.
EASEMENTS 26.00
Prior to installation of any Lines by Grantee in, on or under the Easement Real Estate,
Grantee shall provide plans and specifications for such Lines to Grantor for Grantor's approval,
which shall not be unreasonably withheld or delayed. If Grantor is to install any of such Lines,
Grantor shall submit such plans and specifications to Grantee for Grantee's approval prior to such
installation, which approval shall not be unreasonably withheld or delayed. Upon approval of such
plans and specifications by the applicable party, the party constructing or installing such Lines shall
install such Lines in the location and depth as shown on the approved plans and specifications.
Grantee may, from time to time, relocate any Line, at its sole expense, provided that service
provided by Grantee to Grantor is not materially interrupted and all limitations and conditions of this
Easement are complied with by Grantor. Grantor may, from time to time, relocate any Line, at its
sole expense, provided Grantee's engineering depai h ent approves the plans and specifications for
such relocation, which approval shall not be unreasonably withheld or delayed.
The undersigned person executing this Easement on behalf of Grantor represents and
certifies that he has been fully empowered to execute and deliver this Easement; that Grantor has full
capacity to convey this Easement in the Easement Real Estate; and that all necessary action for the
making of such conveyance has been taken and done.
This Easement, and each and all of its terms, conditions and provisions shall be binding upon
and benefit the heirs, personal representatives, successors and assigns of Grantee and Grantor.
IN WITNESS WHEREOF, the said Grantor has set its hand this 28`'' day of June, 2000.
PROVIDENCE COMMERCIAL PARTNERS, LLC
By:
b
Bradley B. Chambers, its sole member
f/
APPROVED AND ACCEPTED by Grantee this day of L <<G, 2000.
CITY OF CARMEL, INDIANA
By and t ough its Board of Public Works and Safety
1 1 .41
i N Ai €4W/A. i i
t 2 .4:- -1 t'''..- 1 j
Imo,..- k
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public, in and for said County and State, personally appeared Bradley
B. Chambers, sole member of Providence Commercial Partners, LLC, and acknowledged the
execution of the foregoing easement, in such capacity acting for and on behalf of said limited
liability company. Q
Witness my hand and Notarial Seal thiso��S day of June, 2000.
Signature
1 "a z Printed Notary Public
7
C rc�i mi pi Expires: 91 0 10 County of Residence:
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public, in and for said County and State, personally appeared
LI 1LCi��r Jctn ,c �p �u�; �a3c1 epeafta YYLYrnber3 f�ji Q�, Wcz� V 2��`t e are 04 6 1� cartilvf the City of Carmel,
and acknowledged the execution of the foregoing easement, in such capacity acting for and on behalf
of said city.
Witness my hand and Notarial Seal this d ay of (A--c- 2000
C_ /LILO 1
S erature
C /E ,C alt
Printed Notary Public
My TAmission Expires: C t C -v 2 County of Residence: //(0
-,This instrument was prepared by Jodie L. Edminster, Ice Miller Donadio Ryan, One American
Square; Box 82001, Indianapolis, Indiana 46282; telephone: (317) 236 -2100.
629204.4
[C: WINDOWS TEMP \Water -sewer easement doc6/27/00]
3
JOB NO. 121 -4791
t'< 350 E. New York St Suite 300 DATE: 04 /12i00
Mid tat Indianapolis, IN 46204
(317) 634 -6434 Phone
fnBinEfnanO (317) 634 -3576 Fax
EXHIBIT SHOWING
Proposed Commercial Property "A"
Providence at Old Meridian
1 I 1
0 100' 200'
S
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4
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42) eit):1'
6 Commercial Property "A" q
0 0 2.524 Acres
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AD
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4' S line, SE 1 /4,
Sec. 26 -18 -03
.../--I\ -.0,
S 89°27'12"W 348.88' S 89° 27'12 "W 1566.62' f
Point of Beginning SE Corner
Sec 26 -18 -03
EXHIBIT A
Mid- States Engineering, L.L.C.
April 12, 2000
Job. No. 121 -4791
LAND DESCRIPTION
Proposed Commercial Property "A"
Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second
Principal Meridian in Hamilton County Indiana more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of said Section 26 and running
S89 °27'12 "W on and along the South line of said Southeast Quarter 1566.62 feet to the POINT
OF BEGINNING of this description; thence continuing S89 °27'12"W 348.88 feet to the center line
of Old Meridian Street; thence N36 °04'38 "E on and along said center line 496.65 feet; thence
S53 °55 "E 280.00 feet; thence S36 °04'38 "W 288.52 feet to the POINT OF BEGINNING,
containing 2.524 acres, more or less, subject to easements, rights -of -way, and restrictions.
EXHIBIT A
JOB N0. 121 -4791
350 E. New York St., Suite 300 DATE 04/12/00
Indianapolis, IN 46204
4j. (317) 634 -6434 Phone
fnGinffnenO (317) 634 -3576 Fax
EXHIBIT SHOWING
Proposed Commercial Property "B"
Providence at Old Meridian
I 1 1 I
0 100' 200'
Z S
`U A) SS S
GS (a, 280
D O.
Commercial Properly "B"
2.136 Acres ry
Point of Beginning
4,
i s 3°
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m
?80 00
Ay I V
CV
SE Corner
j Sec 26 -18-03
L S line, SE 1 /4, Sec. 26 -18 -03 _.1\ .-In. .-In. S 89°2712"W 1915.50'
EXHIBIT A
Mid- States Engineering, L.L.C.
April 12, 2000
Job. No. 121 -4791
LAND DESCRIPTION
Proposed Commercial Property "B"
Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second
Principal Meridian in Hamilton County Indiana more particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter of said Section 26 and running
S89 °27'12 "W on and along the South line of said Southeast Quarter 1915.50 feet to the center
line of Old Meridian Street; thence N36 °04'38 "E on and along said center line 556.65 feet to the
POINT OF BEGINNING of this description; thence continuing N36 °04'38 "E on and along said
center line 332.31 feet; thence S53 °55'22 "E 280.00 feet; thence S36 °04'38 "W 332.31 feet;
thence N53 °55'22 "W 280.00 feet to the POINT OF BEGINNING, containing 2.136 acres, more or
Tess, subject to easements, rights-of-way, and restrictions.
EXHIBIT A
MidmStat JOB NO. 121 -4791
-1 350 E. New York St., Suite 300 DATE 04 /12i00
Indianapolis, IN 46204
rrn
(317) 634 -6434 Phone
EnGln�onO (317) 634-3576 Fax
EXHIBIT SHOWING
Proposed Commercial Property "C"
Providence at Old Meridian
1 i l I
0 100' 200'
NW Corner, Lot 13,
RA Franke's Add'n
DR 128, Pg 197
N N 89°43'22"E 291.86'
Ste
o'`'
^A Commercial Property "C"
CO 1.092 Acres
Point of Beginning
s 3
s
Z e- ti 3s° 52 2,
4 J s' O
6
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1 R
y
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WO
CO l
_Do
1 W
M
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d- a N
::5 W
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Z /S line, SE 1 /4,
f Sec. 26 -18 -03
S 89° 27'12 "W y 1326.00' R
SW Corner, SE 1/4, SE /q SE Corner
Sec 26 -18 -03 Sec 26 -18 -03
EXHIBIT A
J
s
Mid- States Engineering, L.L.C.
April 12, 2000
Job. No. 121 -4791
LAND DESCRIPTION
Proposed Commercial Property "C"
Part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Second
Principal Meridian in Hamilton County Indiana more particularly described as follows:
Commencing at the Southeast comer of the Southeast Quarter of said Section 26 and running
S89 °27'12"W on and along the South line of said Southeast Quarter 1326.00 feet to the
Southwest Corner of the Southeast Quarter of the Southeast Quarter of said Section 26; thence
N00 °40 "E on and along the West line of said Quarter Quarter Section 727.00 feet to a point
on the Southeast right -of -way of Old Meridian Street, said point also being on the Northwest
line of Lot 13 in R.A. Franke's Addition as per plat thereof recorded among the records of
Hamilton County, Indiana as Deed Record 128, Page 197; thence N36 °15'16 "E on and along
said Southeast right -of -way of Old Meridian street and said Northwest line of Lot 13 a distance
of 47.70 feet to the POINT OF BEGINNING of this description; thence continuing N36 °15'16 "E
115.71 feet to the Northwest corner of said Lot 13; thence N89 °43'22 "E along the North line of
said Lot 13 a distance of 291.86 feet; thence S36 °04'38 "W 288.72 feet; thence N53 °55'22 "W
235.41 feet to the POINT OF BEGINNING, containing 1.092 acres, more or Tess, subject to
easements, rights -of -way, and restrictions.
EXHIBIT A