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HomeMy WebLinkAbout96th - Wolf, Walter/Daugherty, Oliver N i r L� L t,6 .1,d 2 Cross Reference Missing At Time Of Recording. .i 4. e rr t J� nne.o Project: Gray Road Reconstruction DRAINAGE EASEMENT AGREEMENT APPROVED AS TO FORM BY THIS INDENTURE Witnesseth, that Walter E. Wolf, Jr., Trustee and Oliver B. Daugherty, Trustee (hereinafter "Grantor hereby grants and conveys to the City of Carmel, Indiana, its successors and assigns (hereinafter "Grantee in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, an exclusive easement "Easement that shall run with the land and which shall be limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate and remove a drainage structure through, upon, over, along, under and across the following described real estate: See Exhibit "A" attached hereto and made a part hereof. Together with the right to do all other lawful acts and things not inconsistent herewith and requisite or necessary for the full enjoyment of the Easement. The Grantor expressly reserves all right, title and interest in and to the real estate described not specifically granted to Grantee. It is understood that all the provisions of this Agreement are stated herein and no verbal agreements or promises will be binding on the parties hereto or their successors in interest. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Indiana. This Agreement is made subject to all prior easements, agreements, restrictions, and rights of way of record and is not subject to the Indiana Corporate Income Tax. IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement Agreement this /s +h day of p'f eox 1') e• 2004. "GRANTOR" Walter E. Wolf, Jr., Trustee By: O Oliver B. Dau herty, Tru STATE OF INDIANA )SS: COUNTY OF MARION Before me, a Notary Public in and for said County and State, personally appeared Walter E. Wolf, Jr., Trustee Witrea Ztx ii /12/04 i2:41PM NANPA MARTIN MARION CTY RECORDER JRC 15.00 PAGE;: 4 Inst 4 2004-0213958 Project: Gray Road Reconstruction ACCEPTANCE WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel, Indiana, its Easement Agreement "Agreement which Agreement is hereinabove set forth; and WHEREAS, the City of Carmel, Indiana, is of the opinion that said Easement is desirable and necessary to the City. NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana, accepts the Agreement and orders that the Agreement be recorded in the Recorder's Office of the County of Marion, State of Indiana. "GRANTEE" CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: r J, s Brainard, Presiding Officer 4 a te: Mary Ann 7ike, y Member Date: OY Lori Watson Date: /0 q 4 i ATTEST: Sandra M. Johnson, Deputy Clerk for Dina Cordray, IAMC, Clerk- Tr asurer Date: l V. /L7 B t i I x( "Grantor who acknowledged the execution of the foregoing "EASEMENT AGREEMENT" and hisi5or voluntary act and deed. Witness my hand and Notarial Seal this day of L,-)TEn.e)EA 2004. My Commission Expires: Signature j_ AK AN ow p, CYNTHIA J. LOVEJOY EAS STATE OF INDIANA .iw RESIDENT OF MARION COUNTY Printed Notary Public MY COMMISSION EXPIRES, OCT, 15, 2006 Resident of County, Indiana STATE OF INDIANA SS: COUNTY OF AA AR I okI Before me, a Notary Public in and for said County and State, personally appeared Oliver B. Daugherty, Trustee "Grantor who acknowledged the execution of the foregoing "EASEMENT AGREEMENT" and his voluntary act and deed. Witness my hand and Notarial Seal this 157 day of ®L t7 2004. ,(p,RY PC/ "IOW p My Commission expires: Signature i ems Ar S EAL Andrew B Buroker r• Notary Public Seal State of Indians Printed Notary P l i c Marion County MyCorrrrnisaion Expires 09 /14/ZOO6 Resident of County, Indiana a, SHEET 1 OF 1 EXHIBIT PERPET,AL DRAT \AG ASEME \T Prepored for the City of Carmel by United Consulting Engineers Architects, Inc. (Job No. 04 -402) SCALE: 1" 50' Section 9, T17N, R4E Cloy Township N 89'53'12" E 901.87 Hamilton County, Indiana North Line Northwest Quarter Sec.16, T17N, R4E Northwest Cor. (County Line) Northwest Qtr. Sec.16, T17N, R4E 96th Street S 00'06'48" E 96th Street 70.33' Point of Beginning S 86'1758 E S. R/W Line 96th St. lnstr. S. R/W Line 96th St. 60.13 X 97- 0064435 (Instr. (/2001- 0151062) z j y 0, h c b River Ridge Crossing, LP PERPETUAL DRAINAGE Wolter E Wolf, Jr., el of EASEMENT (2,507 Sq. Ft.) 20.00' S 89'53'12" W Section 16, T17N, R4E Washington Township Marion County, Indiana Perpetual Drainage Eosement Description A port of the Northwest Quarter of Section 16, Township 17 North, Range 4 East of the 2nd Principal Meridian, Marion County, Indiana, described as follows: Commencing at the northwest corner of said quarter section; thence along the north line of said quorter section North 89 degrees 53 minutes 12 seconds East (assumed bearing) a distance of 901.87 feet; thence perpendicular to said north line South 00 degrees 06 minutes 48 seconds East o distance of 70.33 feet to the south right of way line of 96th Street, os described in Instrument /97- 0064435 in the Office of the Marion County Recorder and being the Point of Beginning of this description; thence along said south right of way line South 86 degrees 17 minutes 58 seconds East a distance of 60.13 feet; thence leaving said south right of way line South 18 degrees 07 minutes 57 seconds West a distance of 63.88 feet; thence parallel with the north line of said quarter section South 89 degrees 53 minutes 12 seconds West a distance of 20.00 feet; thence North 17 degrees 17 minutes 57 seconds West o distance of 67.69 feet to the Point of Beginning, containing 2,507 square feet, more or less. G,sTER Fo No. 910022 William D. "Iv STATE of 2, 200 9 Q SU R v� Dote /11�111111��`