Pennsylvania - Release of Easement MS Carmel, LLC CROSS REFERENCE:
�� Easement Agreement recorded Inst. No.
d -. 200200014360 and re-recorded as Inst. No.
200300029020 in the Office of the Recorder of
Hamilton County,Indiana.
00,
PARTIAL RELEASE OF EASEMENT �� x
THIS PARTIAL RELEASE OF EASEMENT is executed the day and year written below, by
THE CITY OF CARMEL, INDIANA (the "City"), by and through its Board of Public Works and Safety.
1. On October 26, 2001, Banker's National Life Insurance Company, a Texas corporation,
conveyed to the City a landscaping easement (the "Original Easement") across certain property located in
Hamilton County, Indiana, more particularly described in the Original Easement (the "Original Easement
Property").
2. The Original Easement was recorded as Instrument No. 200200014360 and re-recorded
as Instrument No. 200300029020 in the Office of the Recorder of Hamilton County, Indiana.
3. MS Carmel LLC has since acquired and is developing a portion of real estate (the
"Development Parcel") of which the Original Easement Property is a part. As part of such development,
MS Carmel is granting right of way of the City and the Original Easement is part of such right of way
property.
4. Pursuant to Resolution No. BPW34-05-14-05, the City has determined that that portion
of the Original Easement which is on the Development Parcel is no longer necessary for any City
purpose. The City hereby releases all rights the City has to and under the Original Easement only as to
that portion of the Original Easement Property which is more particularly described on Exhibit A and
depicted on Exhibit A-1 attached hereto and made a part hereof(the "Released Landscaped Easement
Parcel"). Notwithstanding the foregoing,the City's release of the Released Landscape Easement Parcel is
not and will not be construed to be the consent or release by any other party, including any public utility,
who may have or claim to have rights under the Original Easement.
5. Notwithstanding anything to the contrary contained in this Partial Release of Easement
Agreement, the release of the Original Easement is only effective as to the Released Landscape Easement
Parcel and the Original Easement is not released and remains in effect on all other real estate described in
the Original Easement.
Executed this(r9 tof March, 2014.
201400 .00
03/189608 20CIa0 PT rk,09RELERSE'00P 5$23 PGS
Mary L.
r ded ar1411 enledder IN
Reco
IIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII WIIIIIIIIIIIIIIIIIII
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety
By: /Vo% 2r�
James Brainard, Presiding Officer
ate:
_1 t
Mtry Ant Burke, Member
Date: 3
Lori Watson, Mew . r
Date: I f i
i
ATTEST:
S8RIIE3%. TnkCiBor,
btana L. Cordray, IAM erk-Treasurer
Sandra pi,jionisnwDate: S-6-1
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me. a Notary Public in and for said County and State, personally appeared Mayor James Brainard,
Mary Ann Burke and Lori Watson, by me known to be the Members of the City of Camel Board of Public
Works and Safety, and Diana L. Cordray, Clerk Treasurer of the City of Carmel, who acknowledged the'4.
execution of the foregoing "Release of Easement" on behalf of the City of Carmel. Indiana. ••
`p,W`! PO
Witness my hand and Notarial Seal this (0 day of March. 2014. ( O
y y ; �
Notary Public . tu__ 4t w
Notary Public- Printed 131 h).+1:
Commission Expiration: 4AP/7 p`‘�
County of Residence: /1714-74/4-7-16'N '''''''t''t `"" ",
2
I affirm, under penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. Julie M. Elliott
This instrument was prepared by, and after recording, return to: Julie M. Elliott, Esq., c/o
Mainstreet Property Group, 14390 Clay Terrace Boulevard, #205, Carmel, IN 46032.
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EXHIBIT A
Released Landscape Easement Parcel
A part of the West Half of the Northeast Quarter of Section 35, Township 18 North, Range 3
East, being more particularly described as follows: Commencing at the southwest corner of said
Northeast Quarter Section; thence North 00 degrees 07 minutes 31 seconds West (basis of
bearing-parent parcel) along the West line of said Quarter a distance of 1,048.26 feet; thence
North 89 degrees 52 minutes 29 seconds East perpendicular to said West line a distance of 29.00
feet to the easterly right-of-way line of Pennsylvania Street per a Warranty Deed to the City of
Carmel, recorded as Instrument Number 200300029019 in the Office of the Recorder of
Hamilton County, Indiana and the Point of Beginning; thence North 00 degrees 07 minutes 31
seconds West along said easterly right-of-way line a distance of 413.25 feet; thence North 88
degrees 40 minutes 34 seconds East 10.00 feet; thence South 00 degrees 07 minutes 31 seconds
East parallel with said easterly right-of-way line a distance of 413.46 feet; thence South 89
degrees 52 minutes 29 seconds West 10.00 feet to the Point of Beginning, containing 0.095 acres
more or less.
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•
EXHIBIT A-1
Depiction of Released Landscape Easement Parcel
1-11511.40.34-E
10.00'
1I
1I
I '
I 10' Landscape Easement
I Ins-. Na. 209300029020 S
' 200200014350
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L.cn i "' , n 0'NN i o3E
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et l o , o
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IH_: City of Carmel
Inst. No. 7.00300029019
N89'52'29"E
29.00' _____I I ____ ____ _
III �9'5229•w
i
III 10.00'
�,2 ■'-Point o. - _ _ -
,r Gm Beginning ..____
1 2 mF I
Cl� 1 Landscape Lmenen:Nocciim]teripia.
I .n " I A par: or ire wet Hilt ot the Noghemt O.Imr 01 Se:lnr 3,5. Township 18 r.crth,
P L,u Range 3 East, acing mare podia air deembad on *Aloes: Cannretcng o: Floe
0
S etlhen: arbd at told .Nn,:h.ast Plata Seaton; theft, NttP r9 depeea 07
2 I mute 31 dntonze wet(bath of bemtn9-mrait permit a tg the wean Ifni of mtl
I ruche a detente at 1,049.26 feet; tree Nair 59 degree 52 m tes 29
- ht-oI East pIn ci P.lm to said stoat eh a daanee Or 29,02 Net:d Ma,aastslyy
nncs,da-ny Ire at Rertj'•amla street par a rentinty Need to :h•City of Cruel,
I receded as Intranet Number 2Poll; o29019 In the Clice at the R*carder of
Hn its. Canty. Indira and the Palm or 6n 1-ot there h'm:h CO tepees 01
L}, mnutee ,c teeede West drag and eestely n¢.t-a'-ray lire a date at 41125
Met; thence Nardi 58 decree 40 mirutes 34 'nand,East 1600 fee; -ot-way Essah
SW Corner NE Cot. re depeee as MINI:,01 *scrods Eaet patois ee alt eagerly 1108-of-+ay ire
Section 3B, T7BN, R,IE n distance at 411el tam thence Scots Si) degree, 52elmna:, 79 remade stmt.
10.00 411 to the Pelt of 9egnnin9,mn.ae}.g 6995 arm mme cr lent
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