HomeMy WebLinkAboutSewer Easement Amendment Cross-Reference: Sewer Easement recorded as instrument number 9609605543 recorded with the Recorder
of Hamilton County.Indiana,on February 8, 1996.
Amendment to Sewer Easement
This Amendment to Sewer Easement is made and entered into by and between .IEC
Partnership, L.P.: an Indiana limited partnership ("Grantor") and the Clay Township Regional Waste
District, a regional sewer district duly organized and existing under the laws of the State of hldiana
(the "Grantee");
WITNE.SSETH:
WHEREAS; Grantor granted to Grantee a Sewer Easement; which was recorded with the
Recorder of Hamilton County. Indiana; on February 8. 1996, as instrument number 9609605543 (the
"Sewer Easement"); and,
WHEREAS; Within the Sewer Easement, the Sewer Easement allows (i) landscaping, which
includes without limitation mounds not to exceed four (4) feet in height and trees, shrubs, other
vegetation and (ii) other things specified in the Sewer Easement; and.
WHEREAS, Grantor and Grantee are desirous of amending the Sewer Easement to permit
mounds not to exceed six(6) feet in height, but only in and upon the real estate legally described and
graphically depicted in what is attached hereto and incorporated herein by reference as Exhibit "A"
in two (2) parts (the"Impacted Area").
NOW, THEREFORE, in consideration of the foregoing preambles and recitations, it is
acknowledged and agreed as follows:
. Preambles and Recitations — The foregoing preambles recitations and definitions are
hereby affirmed arid are made a part hereof as though fully set forth herein.
2. Amendment — The Sewer Easement is hereby amended to allow mounds, not to exceed
six (6) feet in height, but only within the Impacted Area. •
3. Amended Sewer Easement — The Sewer Easement is hereby amended, but only in the
manner set forth above, and the Sewer Easement. as hereby amended, shall remain in full
1`L �' P4 , force and effect.
Co `ate'
JEC PARTNERSHIP.1 .P.
co: cs) i/ /hal(
�� CO Jt n N. Pittman. General Partner
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/'I' IZ1�_�\� CLAY TOWNSHIP REGIONAL WASTE
• 2011048941 EASEMENTS $19.00 DISTRICT
10/03/2011 02:30:12P 4 PGS
Mary L. Clark !.
HAMILTON County Recorder IN fiy - � -��'�
Recorded as Presented —/
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STATE OF INDIANA 1 :CV IRAQL` NOTARYPusuc
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COUNTY OF HAMILTON me
Before me, a Notary Public, for and in said County, personally appeared John N. Pittman, the
general partner of JEC Partnership; L.P., an Indiana limited partnership, and acknowledged the
execution of the foregoing Amendment to Sewer Easement for and on behalf of such entity.
My Commission Expires:
rt 19
`� «"r Notary Public
Resident of (Y)( i, <r) County. Indiana Printed ' .,r
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON
Before 1e, a Notary Public, for and in said County; personally appeared
the t i - �p: of Clay Township Regional Waste District, and acknowledged the•
execution of the foregoing Amendment to Sewer Easemei for and on behalf of stfai entity.
My Co. .T sion Expires:
• �` . Notary Public
SEAL I'COMMISSIONE1t�litES:06-02-2016
Re;'.; t ofd MMISSION NU
Indiana Printed
•
This Instrument Prepared by: Charles D. Frankenberger, Nelson & Frankenberger, 3105 E. 98th
Street, Suite 170, Indianapolis, IN 46280- (317) 844-0106.
Return to: Charles D. Frankenberger, Nelson & Frankenberger, 3105 E. 98'x' Street, Suite 170;
Indianapolis, IN 46280.
Pursuant to IC 36-2-11-15(b)(2), I affirm under the penalties for perjury, that I have taken reasonable
care to redact each Social Security number in this document, unless required by law — Charles D.
Frankenberger.
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Exhibit "A"
Page 1 of 2
Page IofI_
BERM EASEMENT DESCRIPTION
Springmill Road & 1 1 1`'' Street
Carmel. 'Indiana
A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East located
in Clay Township, Hamilton County; Indiana being bounded as follows:
Commencing at the Southeast Corner of the West Half of the Northwest Quarter of
Section 2. Township 17 North, Range 3 East: thence North 0 degrees 11 minutes 50
seconds East (assumed bearing) 20.00 feet along the East line of said West half to the
point of beginning of this description: thence South 88 degrees 57 minutes 32 seconds
West 1300.06 feet parallel to the South line of said Northwest Quarter to a point 35..00
feet east, by perpendicular measurement, of the West line of said Northwest Quarter;
thence North 0 degrees 03 minutes 30 seconds East 989.75 feet parallel to said west line;
thence North 89 degrees 56 minutes 30 seconds West 20.00 feet; thence South 0 degrees
03 minutes 30 seconds West 969.36 feet; thence North 88 degrees 57 minutes 32 seconds
East 1230.11 feet to the East line of said West Half; thence South 0 degrees 11 minutes
50 seconds \Vest 20.00 feet along said East line to the point of beginning and containing
1.042 acres more or less;