Monon Depot Easement and CovenantsRequested 13 :'mld 07130\2003
Instrument
9909912773
Prior Deed Reference: E4( 3 1 `4 Ps (PO
9909912773
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
On 03 -01 -1999 At 10:21 am.
EASEMENTS 22.00
EASEMENT AND COVENANTS
CARMEL CLAY HISTORICAL SOCIETY, INC., an Indiana non- profit corporation,
( "Grantor "), of Hamilton County, Indiana, for the sum of Ten Dollars ($10.00) and other
consideration, the receipt and sufficiency of which are hereby acknowledged, grants and conveys
a perpetual, non - exclusive easement to the CITY OF CARMEL, INDI ANA ( "Grantee ") on, over and
along the following described real estate located in Hamilton County, Indiana (the "Easement
Area"):
See Exhibit A attached hereto and made a part hereof.
1. Use. The use of the Easement Area shall be limited to a linear park and recreational
trail; provided, however, Grantee shall have all rights necessary and incidental to construct and
maintain the linear park and recreational trail which rights include, but are not limited to, clearing
vegetation, planting vegetation and landscaping, and paving a portion of the recreational trail. The
term "recreational trail" shall mean a trail or path that is used for activities including, but not limited
to, bicycling, exercising, walking, hiking, roller blading and running. The term does not include a
highway, road, street, light or heavy rail, bus or other motorized mass transit system.
Grantor retains and shall own all rights available under the law which may now or hereafter
exist in favor of the owner of the Real Estate with respect to fiber optic cable or other
telecommunications system(s) which is (are) presently installed, or in the future may be installed,
below the surface of the Real Estate. Notwithstanding the foregoing, relocation of said cables or
system(s) and /or authorization of new cable or system(s) and /or the right to authorize the installation
of any new or additional cables or system(s) shall take place only with the consent of the Grantor
and Grantee.
2. Covenants of Grantee. As part of the consideration for the foregoing easement,
Grantee covenants as follows:
A. The trail will be closed from sunset to sunrise, with the exception of
occasional special events, e.g. a Christmas luminary walk.
13. The trail will be monitored and patrolled at irregular intervals by trained law
enforcement personnel using electrically powered or other silently powered vehicles during the hours
it is closed.
COMAUl1 OOMAN01 3]7114 :15
Requested By: 'mid 07130\2003
EXHIBIT B
PART OF THE EAST HALF OF H
TOWNSHIP 18 NORTH, RANGE 3EASTUINEAHAMILLTONTCOUNTY, INDIANA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 3
EAST; THENCE SOUTH 00 DEGREES 03 MINUTES 44 SECONDS
(ASSUMED BEARING) ON AND ALONG THE WEST T
FEET; THENCE NORTH 88 DEGREES 59 MINUTES 44 SECONDS EAST
PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER 423.78
FEET TO THE TRUE BEGINNING
THAT IS 61.00FEETSOUTN POINT 1
H88DEGREES 59MINUTESI44IOSECONDS WEST
OF THE WEST LINE OF A TEN FOOT STRIP OF REAL ESTATE DEEDED TO
THE CHICAGO, INDIANAPOLIS AND LOUISVILLE RAILWAY COMPANY FOR
ADDITIONAL RIGHT -OF -WAY BY SAMUEL A. HODGIN PER DEED RECORD
115, PAGE 102 RECORDED IN THE OFFICE OF THE HAMILTON COUNTY
RECORDER; THENCE SOUTH 00 DEGREES 52 MINUTES 40 SECONDS EAST
PARALLEL PARALLEL EET;
WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER 61.00 FEET TO THE
WEST LINE OF SAID TEN FOOT STRIP; THENCE NORTH 00 DEGREES 52
MINUTES 40 SECONDS WEST ON AND ALONG SAID WEST LINE 197.97 FEET
TO A POINT THAT IS 352.44 FEET SOUTH 00 DEGREES 03 MINUTES 44
SECONDS WEST OF THE NORTH LINE OF SAID SOUTHEAST QUARTER;
THENCE SOUTH 88 DEGREES 59 MINUTES 44 SECONDS WEST PARALLEL
WITH SAID NORTH LINE 61.00 FEET TO THE TRUE BEGINNING POINT;
CONTAINING 0.277 ACRE, MORE OR LESS.
July 30, 2003
Diana Cordray
Clerk Treasurer
City of Carmel
1 Civic Square, Carmel, IN 46032
Dear Diana,
Transfer & Mapping
33 N. Ninth St., Ste I-21
Noblesville, IN 46060
Phone: 776 -8456 Fax: 776 -9682
I am the manager of Transfer & Mapping, a division of the Hamilton County
Auditor. Our office is responsible for maintaining real estate records in Hamilton
County. I received your request to change the mailing address on several parcels.
l those were changed to One Civic Square, Carmel, 1N 46032. We changed the
ownership on all the parcels that were in the name Town of Carmel to City of
armel per advice from Hamilton County Attorney, Mike Howard. I cannot change
();parcels without documentation.
YNY
51j6 -06- 006.001: Ownership per deed 314 -490 is Carmel Clay Historical
Society2Izenclosed a copy of an easement agreement recorded in 1999 concerning
'tlierMonon Trail which shows that Carmel Clay Historical Society Inc is still doing
kbuslness. An easement agreement does not transfer title. The City will need to
reile7
record a deed from the Historical Society to the City of Carmel if the ownership
s ?a:
sfiould change.
17- 14- 04- 00 -00- 003.002: My staff conducted deed research on this parcel and
cannot find documentation deeding this to Carmel for right of way. We realize that
it is part of the street. However, without documentation we cannot change
ownership from Ryan Homes to City of Carmel. We called David McCoy, Carmel
GIS Specialist, who shows that the parcel still exists. He referred us to Dick Hill of
the Carmel Engineering Department who could not find any documentation. A
right of way grant or deed needs to be recorded to resolve this issue.
Sincerely,
Melissa Dashiell, Transfer & Mapping