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HomeMy WebLinkAboutHunters Glen - Landmark Development DANN BACKER PECAR NEWMAN TALESNICK KLEIMAN ATTORNEYS AT LAW THEODORE R. DANN REPLY TO1 HERBERT J. BACKER PHILIP D. PECAR 1350 CONSOLIDATED BLDG. NORMAN R. NEWMAN INDIANAPOLIS, INDIANA 46204 STANLEY TALESNICK (317) 637 -4573 DAVID H. KLEIMAN EZRA H. FRIEDLANDER DIXON B. DANN 400 UNION FEDERAL BLDG• JON B. ABELS STEPHEN A. BACKER January '7 INDIANAPOLIS, INDIANA 46204 ALBERT GEORGE, JR. anuary 1975 (317) 635 -8647 LAWRENCE B. ELSBERG 910'11/? Mr. Fred Hohl Town Engineer C Carmel City Bldg. \\;c ti/ 130 First Avenue SW C cP i Carmel, Indiana 46032 Re: Amendment of Sanitary Sewer Easement Affecting Hunters Glen Apartments, North Side of Carmel Drive` Dear Fred: Enclosed herewith, for your records, please find a fully executed and recorded copy of the Amendment To Sewer Easement, relating to a sanitary sewer crossing the Hunters Glen Apartment property. This has been recorded in Book 144, page 416 in the Office of the Recorder of Hamilton County, Indiana. Thank you for your cooperation, and that of the Town Board, in correcting this title matter. Very truly yours, DANN, PECAR, NEWMAN, TALESNICK KLEIMAN Dixo Dar DBD /clk Enclosure cc: Mr. Aaron Y. Cohen \1 AMENDMENT TO SEWER EASEMENT L 10321 tiOOK_ -PAGE 416 This Agreement made and entered into this day of 1974, by and between LANDMARK DEVELOPMENT CO., an Indiana limited partnership (hereinafter referred to as "Owner and the TOWN OF CARMEL, INDIANA, by and through its Board of Trustees (hereinafter referred to as the "Town and consented to by 21ST CENTURY DEVELOPMENT COMPANY, an Indiana partnership (hereinafter referred to as "Lessee and INDIANA MORTGAGE CORPORATION, an Indiana corporation (hereinafter referred to as "Mortgagee W I T N E S S E T H T H A T WHEREAS, Town is the owner and holder of a certain right of way and easement in, along, upon and across certain strips of ground in part of the South one -half of Section 31, Township 18 North, Range 4 East, in Clay Township, Hamilton County, Indiana by virtue of a certain Sewer Easement To The Town Of Carmel from Keystone Square Company dated March 21, 1969 and recorded March 28, 1969 in Miscellan- eous Record 112, Page 90 in the Office of the Recorder of Hamilton County, Indiana (hereinafter referred to as the "Sewer Easement for the purpose of constructing, repairing, replacing, maintaining and operating in said strips of ground a sanitary sewer line for the transmission of sanitary sewage as a part of Town's sanitary sewage system; and This instrument Recorded, 19 74 JUNE M HEIZES. RECORDER, HAMILTON COUNTY, IND. WHEREAS, one of the strips of ground described in said Sewer Easement, intended for a permanent easement (labeled therein and re- ferred to herein as "Sewer Easement Description did not include the entire ground in, along, upon and across which said sanitary sewer line has been installed and constructed, clue to scriveners' errors; and CID 'BOOK pAGv 417 WHEREAS, said sanitary sewer line has been constructed partially outside the Sewer Easement Description; and WHEREAS, the Sewer Easement also contained a description of a temporary easement for construction purposes only (labeled therein and referred to herein as "Description For Construction Easement which is no longer needed by the Town; and WHEREAS, Owner is the fee simple owner of the real estate affected by the Sewer Easement and described in the Sewer Easement Description and the Description For Construction Easement, subject to the rights of Lessee as tenant or lessee under a lease of such real estate dated February 20, 1973, as shown in the Memorandum Of Lease, dated March 14, 1973 and recorded April 6, 1973 in Miscellaneous Record 138, Pages 87 -89, and amended by Amendment To Memorandum Of Lease dated October 22, 1973 and recorded October 31, 1973 in Mis- cellaneous Record 140, Pages 285 -286 in the Office of the Recorder of Hamilton County, Indiana, and further subject to rights of Mortgagee under the Mortgage And Security Agreement between Owner, Lessee and Mortgagee dated September 28, 1973 and recorded November 9, 1973 in Mortgage Record 291, Pages 512 -527 in the Office of the Recorder of Hamilton County, Indiana; and WHEREAS, the signatories to this Agreement and all parties consenting hereto wish to amend the Sewer Easement to correct the scriveners' errors which appear therein, to conform the description of the permanent easement contained in the Sewer Easement to the actual location of the Town's existing installations in, along, upon and across the subject real estate, and to delete and remove therefrom the temporary construction easement; e BOOK ---------PAG 418 PAGE NOW, THEREFORE, in consideration of the premises, and of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and Town agree as follows: 1. The Sewer Easement Description contained in the Sewer Easement is hereby amended and modified to read as follows: SEWER EASEMENT DESCRIPTION A strip of ground ten (10) feet in width in a part of the Southwest Quarter of Section 31, Township 18 North, Range 4 East in Hamilton County, Indiana, the centerline of said strip being more particularly described as follows, towit: Commencing at the Southwest corner of said Section; thence North 01 degrees 04 minutes 45 seconds West and along the West line thereof 1752.85 feet; thence North 89 degrees 55 minutes East and along the centerline of Carmel Drive 600 feet to a point; thence North 01 degrees 04 minutes 45 seconds West 941.15 feet to a point 33 feet North of the North line of the South Half of said Section 31; thence North 89 degrees 55 minutes East and parallel with said North line 653.50 feet; thence South 01 degrees 04 minutes 45 seconds East 33 feet to the North line of said Half Section; thence North 89 degrees 55 minutes East and along said North line 461.50 feet to the BEGINNING POINT OF THIS DESCRIPTION; thence South 00 degrees 50 minutes East 10 feet; thence South 89 degrees 55 minutes West 30 feet; thence South 00 degrees 50 minutes East 305 feet; thence South 89 degrees 56 minutes East 445 feet; thence South 75 degrees 55 minutes 45 seconds East 228.90 feet to the END POINT OF THIS DESCRIPTION. 2. The Description For Construction Easement is hereby deleted and removed from the Sewer Easement. 3. Except as herein modified and amended, the terms of the Sewer Easement shall remain in full force and effect, binding upon the parties hereto and their respective successors and assigns. -3- bGO C 14 y PAGE 419 IN WITNESS WHEREOF, Owner and Town have caused this Amendment To Sewer Easement to be executed this o- day of 1974. LANDMARK DEVELOPMENT CO., an Indiana limited partnership Miiton J. Fineberg, ''al Partner BOARD OF TRUSTEES OF THE TOWN OF CARMEL, INDIANA By. mac' ���f� -�n g Geor e F. Stevens Trustee And BY: Frederick P. Hinshaw, Trustee And By: `%relic Fred T. Swift, ustee And By /-1 &%mot William D. McFadden, Trustee ATTEST: Peggy Lou Smith, Clerk Treasurer Town of Carmel, Indiana Consented and agreed to this 0;7 day of 1974. 21ST CENTURY DEVELOP NT COMPANY, an In na a partner •.hip g r Al A By: Aaron Y. Cohen, General Partner -4- ©0 1 PAGE 420 Consented and agreed to this 20th day of November 1974. INDIANA MORTGAGE CORPORATION, an Indiana corporation By: r;�L (C� Tr /Y e /J Vice- President ATTEST: L ora Lowe Asst. Secretary This Instrument Was Prepared By Dixon B. Dann, Attorney at Law. STATE OF INDIANA SS: COUNTY OF MARION Before me, a Notary Public in and for said county and state, personally appeared Milton J. Fineberg, known to me to be the General Partner of Landmark Development Co., an Indiana limited partnership, and acknowledged the execution of the above and foregoing instrument for an on behalf of said Landmark Development Co. as its voluntary act and deed. IN WITNESS WHEREOF I have hereunto affixed my hand and Notarial Seal this ,„i day of Phi- r■ctd. S wmo Notary Public My Commission Expires: 2 77 STATE OF INDIANA SS: COUNTY OF MARION Before me, a Notary Public in and for said county and state, personally appeared George F. Stevens, Trustee, Frederick P. Hinshaw, -5- esy, 1 QOO .1, 42 —PA Trustee, red T. Swift, Trustee and William d. m e.r .cr t Al o c- D. McFadden, Trustee, known to me to be members of the Board of Trustees of the Town of Carmel, Indiana, and Peggy Lou Smith, known to me to be the Clerk Treasurer of the Town of Carmel, Indiana and acknowledged their execution of the foregoing instrument as their voluntary act and deed as such Trustees and Clerk- Treasurer for and on behalf of the said Town of Carmel, Indiana. IN WITNESS WHEREOF I hav- :u•. o affixed my hand and Notarial Seal this day .f -e----2 197 e i ri- lt......- in. L .'il. S. Notary Public My Commission Expires: or 1 TATE OF INDIANA SS: COUNTY OF MARION Before me, a Notary Public in and for said county and state, personally appeared Aaron Y. Cohen, known to me to be a General Partner of 21st Century Development Company, an Indiana partnership, and acknowledged the execution of the above and foregoing instrument for and on behalf of the said 21st Century Development Company as its voluntary act and deed. IN WITNESS WHEREOF I have hereunto affixed my hand and Notarial Seal this r n r-_ day of /Get-- u' �z L X;4?-72-Z--/: _-4 2 --‘-zz-C-e 7 --A 9 d. 1 ctL S L .e4 Notary Public _d___ 2/2-yac---22/2.---x 2 -e.-411 -6- STATE OF INDIANA SS: COUNTY OF MARION pooh 144 _P AGH 422 Before me, a Notary Public in and for said county and state, personally appeared John G. Held and Lenora Lowe personally known to me to be the Vice President and Assistant Secretary respectively, of Indiana Mortgage Corporation, an Indiana corporation, and acknowledged their execution of the above and foregoing instrument as their voluntary act and deed on behalf of the said Indiana Mortgage Corporation. IN WITNESS WHEREOF I have hereunto affixed my hand and Notarial Seal thip 20th day of November 1974. U�-c-; "lc e 9j, 94r- e Notary Public My Commission Expires: '19 7V FRIEDA M. MILLER, Notary Public HEDGES, RECORDER, H AMILTON COUNTY IND. My Connuisalon Wiles October G, 1976 This ilE lnstruMmen� ReREco )l!. E 'd Fay Rklgttildi AT 9: D O'CLOCK J _,AA DEC 1 1 1974 8 K PAGE RECORDER HAMILTON COUNTY. INDIANA This Instrument Was Prepared By Dixon B. Dann, Attorney at Law. -7- C1); DANN BACKER PECAR NEWMAN ZALESNICK 8c KLEIMAN ATTORNEYS AT LAW THEODORE R. DANN REPLY TO: HERBERT J. BACKER 1350 CONSOLIDATED BLDG. PHILIP D. PECAR NORMAN R. NEWMAN INDIANAPOLIS, INDIANA 46204 STANLEY TALESNICK (317) 637 -4573 DAVID H. KLEIMAN EZRA H. FRIEDLANDER DIXON B. DANN 400 UNION FEDERAL BLDG. JON B. ABELS STEPHEN A. BACKER INDIANAPOLIS, INDIANA 46204 ALBERT GEORGE, JR. (317) 635-8647 LAWRENCE B. ELSBERG November 29, 1974 (Dictated November 27, 1974) John S. Pearce, Esq. Smith, Pearce Barr 120 North llth Street Noblesville, Indiana 46060 Re: Amendment Of Sanitary Sewer Easement Affecting The Hunters Glen Apartments- North Side Of Carmel Drive, Carmel, Indiana Dear John: This will acknowledge our telephone conversation earlier today, November 27, 1974 regarding the above matter. We are ,pleased-to find out that the Amendment of the subject Sanitary-Sewer Easement has been approved by the Town Board and that executed copies of the Amendment are being forwarded to us. In accordance with your request, I am enclosing herewith a copy of a Survey of the subject premises prepared by Vincent J. Schneider on September 14, 1973 and recertified August 15, 1974. This Survey shows the location of the exist- ing sanitary sewer which has been installed and points out the erroneous and incomplete descriptions contained in the original grant of easement. DANN BACKER PECAI2 NEWMAN TALESNICK KLEIMAN John S. Pearce, Esq. November 29, 1974 Page Two If you need anything further in connection with this matter please let us know. Thanks again for your cooperation which is greatly appreciated. Very truly yours, DANN BACKER PECAR NEWMAN TALESNICK it KLEIMAN Dixon Dann DBD /clk Enclosure