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Home My WebLink AboutGray - Pope, Judith SANITARY SEWER EASEMENT AGREEMENT THIS AGREEMENT is made this yf day of rCdvmevi 1993, by and between Judith L. Pope, a resident of Hamilto County, Indiana (the "Owner and the City of Carmel, Indiana (the "City WITNESSES: WHEREAS, the Owner is the fee simple owner of certain real estate in Hamilton County, Indiana more particularly described in Exhibit "A" attached hereto and by reference made a part hereof (the "Easement Parcel to be used as an easement for a sanitary sewer (the "Sewer and WHEREAS, the Owner is willing to grant a temporary easement to the City, its successors and assigns, to use the Easement Parcel for the purpose of maintaining and repairing the Sewer. NOW, THEREFORE, in consideration of these premises, the grant of the easement hereafter set forth, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner hereby grants a temporary easement in the Easement Parcel to the City, its successors and assigns, to use the Easement Parcel to maintain and repair the Sewer across, through and under the Easement Area. The easement granted hereunder shall terminate upon the proper recording of a plat(s) by Owner (or her successors and assigns) which includes the Easement Parcel if such plat grants a replacement easement to the City in the Easement Parcel. 2. The City, its employees, agents, successors and assigns shall, when necessary, have access to the Easement Area for the purpose of maintenance and repairs, provided the City, its successors and assigns shall be responsible for any damage that may be done in connection with such maintenance and repairs. 3. The City, its successors and assigns, shall return the Easement Parcel and any adjacent property thereto to its original condition after performing any maintenance or repairs to the Sewer. t. k FEB 2 2 1993 This Instnurn nt Reco-ded i r Sharon K. Cherry, ncr;wder, k -n Eton County, IN S REVIEWED BY HAMILTON APR 2 a 1993 i_!' ®U AUDITOR'S O �F E wIv IN WITNESS WHEREOF, the undersigned have caused this Sanitary Sewer Easement Agreement to be executed as of the date first written above. OWNER CITY CITY OF CARMEL, INDIANA B ,T 7 3 udith L. Pope Theodor- Johnson, Mayor B Rick McKinne,.y By: Steven Brown Attest: 1 Jancie L. Hope Deputy Clerk Treasurer STATE OF INDIANA COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared Judith L. Pope, and acknowledged execu ion of the f regoing Sanitary Sewer Easement Agreement on this day of FE 1993. My Commission Expires: (6 vC- 1--/iCt Notary Public e 41 C (.1 y ry) &_1 (Printed) My County of Residence: n'1 1 rcV P(./ HIT' SEAL /NQ I Att g� /7/ -2- STATE OF INDIANA COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared Theodore Johnson, and Janice L. Hope, the Mayor and Deputy Clerk Treasurer, repectively, of the City of Carmel, and acknowledged execution of the foregoing Sanitary Sewer Easement Agreement on this 17th day of February, 1993. My Commission Expires. 1 C Jean M. Junker V Notary Public 1 /el /4 /c'k/ 'ar My County of Residence: a L ICS This instrument prepared by: Lewis E. Willis, Jr. Esq. STARK DONINGER SMITH 50 South Meridian Street, Suite 700 Indianapolis, Indiana 46204 c:0509a.lew 936/0 721/1 l4- v LAND DESCRIPTION (Sanitary Sewer Easement) Part of the North Half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East in Hamilton County, Indiana, described as follows: Commencing at the southwest corner of said half quarter section; thence on an assumed bearing of South 89 degrees 36 minutes 04 seconds East along the south line of said half quarter section a distance of 712.92 feet to the Beginning Point; thence North 00 degrees 26 minutes 25 seconds East parallel with the west line of said half quarter section a distance of 32.32 feet to a curve having a radius of 175.00 feet, the radius point of which bears North 89 degrees 33 minutes 35 seconds West; thence northerly along said curve an arc distance of 33.07 feet to a point which bears North 79 degrees 36 minutes 42 seconds East from said radius point; thence South 89 degrees 36 minutes 04 seconds East parallel with said south line a distance of 41.10 feet; thence South 00 degrees 26 minutes 25 seconds West parallel with said west line a distance of 45.20 feet; thence South 89 degrees 36 minutes 04 seconds East parallel with said south line a distance of 762.53 feet; thence North 45 degrees 21 minutes 24 seconds East a distance of 42.35 feet; thence North 00 degrees 18 minutes 52 seconds East parallel with the east line of said half quarter section a distance of 163.80 feet; thence South 89 degrees 36 minutes 04 seconds East parallel with said south line a distance of 1144.00 feet to the east line of said half quarter section; thence South 00 degrees 18 minutes 52 seconds West along said east line a distance of 20.00 feet; thence North 89 degrees 36 minutes 04 seconds West parallel with said south line a distance of 1124.00 feet; thence South 00 degrees 18 minutes 52 seconds West parallel with said east line a distance of 193.77 feet to the south line of said half quarter section; thence North 89 degrees 36 minutes 04 seconds West along said south line a distance of 850.53 feet to the Beginning Point. Containing 1.046 acres, more or less. 617 san 1/20/93 b.b. 9 33 7"1./ Juan V. SarneEer, P.E. LS. Cary R. Kati, LS. Praidrd 1 y -f Fdwnrd 1). ro an�rN 3. i a M. Cooper. L.S. Vir tIrsickat of Opeta. James M. Mu1r L.S. Uo)n Ric. rd C Regtl 1.S. mr, Wrsky L ice, L3 Na Ruattochlat G EVa I. LS. nhdler Gmaav was., SCIHNELDER ENGINEERING CORPORATION Vaeaad J. Schneider, r.L, L1 917 1990 n Civil f:ngineeie land Surveyors Lar.J Planners 1t.1 N N N .ri 3 09":56:09 E O O n. 019.00' '1 tO0 W n n-+ m ro,, S 00'16'72" W w O m W Nn o 20.00' co T N r I in K 1 y) N n N Cyr a N 09 N N h lC n 1129.00' in Tr ZID qJL] c� pJ� a' Nc4 2 U O O' 0 S 00•18'52' W 0t- O 193.7r 'nom w 2 0 az A X u N 89'30'01" W SOUTH LINE N 1/2 SE 114 I O 850.73' SECTION 8- 17N -4E C F t- tC ides v t7 ¢W hl N a- W V U al QN u o N N n Ines in 1 N a W n(ki t9 Nr O1 _I za0 U' Z I z 0 0 c3- �O LtJn Ou 3� 1- r- m W W p t 2 U V7 U) i "I W I 1 rt e LAND DESCRIPTION ASSUMED NORTH (Sanitary Sewer Easement) SCALE r'sioo Part of the North Iialf of the Southeast Quarter of Section 8, Township 17 North, Range 4 Eat in Hamilton County, Indiana, described as follows Commencing at the southwest corner of S3 id half quarter section; thence on an assumed bearing of South 89 degrees 36 minutes 04 seconds East along the south line of said half quarter section a distance of 71292 feet to the Beginning Point; thence North 00 degrees 26 minutes 25 seconds East parallel with the west line of aald half quarter section a distance of 32.32 feet to a curve having a radius of 175.00 feet, the radius point of which tears North 89 degrees 33 minutes 35 seconds West; thence northerly along said curve an arc distnncc of 33.07 feet to a point which bears North 79 degrees 36 minutes 42 seconds East from said radius point; thence South 89 degrees 36 minutes 04 seconds East parallel with said south line a distance of 41.10 feet; thence South 00 degrees 26 minutes 25 seconds West parallel with said west line a distance of 45.20 feet: thence South 89 degrees 36 minutes 04 seconds East parallel with said south line a distance of 762.53 feet; thence North 45 degrees 21 minutes 24 seconds East a distance of 42.35 feet; thence North 00 degrees 18 minutes 52 seconds East parallel with the cast line of said half quarter section a distance of 163.80 feet; thence South 89 degrees 36 minutes 04 seconds East parallel with said south line a distance of 1144.00 fcct to the cast line of said half quarter section; thence South 00 degrees 18 minutes 52 seconds West along said east line a distance of 20.00 feet; thence North 89 degrees 36 minutes 04 seconds West parallel with said south Line a distance of 1124.00 feet; thence South 00 degrees 18 minutes 52 seconds West parallel with said east line a distance of 193.77 feet to the south line of said half quarter section; ;IIvn' c North $9 degrees 36 minutes 04 seconds West along said south line a distance of 850.53 feet to the Beginning Point. Containing 1.046 acres, more or less. t317Ban 1/20/93 b.b. I' ER 2 2 1993 This Instrument P .eooT Sharon K. Cherry, Recorder, Hamilton County, IN 9J4020 `7 4//