Rohrer, JoannDULY ENTERED FOR TAXATION
Subject to final acceptance for transfer
g_day of tcfi>atc- , 20.E
I/41,k 77 J?7, PIA? Auditor of Hamilton County
Parcel #/7_ _oo- oo - oVs °Do
This Deed is exempt from
the Indiana Disclosure of
Sales Information
requirements pursuant to
Exemption #3.
200400086236
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
12 -27 -2004 At 11:20 an.
DEED 26.00
A COPY OF THIS DEED IS BEING RECORDED
DUE TO LOSS OF ORIGINAL
DEED AND COVENANTS
Joann E. Rohrer, an adult individual ( "Grantor "), of Hamilton County, Indiana; for the sum
of Ten Dollars (510.00) and other consideration, the receipt and sufficiency of which are hereby
acknowledged, quitclaims to the CITY OF CARA9EL, INDIANA ( "Grantee ") the following
described real estate (the "Rea] Estate ") located in Hamilton County. Indiana:
See Exhibit A attached hereto and made a part hereof
Grantor retains and shall own all riuhts 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 foreuoinu, relocation of said cables or
system(s) and /or authorization of new cab le 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.
Grantee will use the Real Estate as a linear park and recreational trail for activities including_
but not limited to, bicycling', exercisinu, waikinu, hiking, running and roller biadina . As part of the
consideration for this conveyance, Grantee covenants as follows:
The trail on the Real Estate will be closed from sunset to sunrise. with the exception
of occasional special events, e.g. a Christmas luminary walk.
2. 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 dosed.
3. The trail will also be monitored and patrolled at irregular intervals by trained law
enforcement personnel using electrically powered or other silently powered vehicles during the hours
in which it is open.
4. Granteeor its designee will maintain natural vegetation as an, on average; twelve foot
(12') barrier on the outer edges of the trail so that, in general, there will be a continuous barrier of
trees, brambles, undergrowth, raspberry -type bushes and /or other similar thick vegetation running
the entire length of the outer edges of the trail. In areas where no such natural vegetation barrier
currently exists, Grantee will consult with Grantor and plant appropriate vegetation.
The construction of the trail will take place during normal constriction daylight
hours.
6_ Access to the trail will be provided only through publicly owned property unless a
particular adjoining landowner or neighborhood association requests other access in the area.
7. Bollards (security posts) will be placed and maintained across the entrances to the
trail.
8. Dedicated trail parking will be provided; the adequacy of which will be periodically_
reassessed by Grantee as the usage of the trail is monitored.
9. Trash pickup along the trail will be performed with sufficient frequency to insure that
the trail remains substantially trash -free.
10. The use of firearms and motorized vehicles on the trail, other than emergency and
otherofficial vehicles, including, but not limited to, law enforcement_ fire, medical and maintenance
vehicles and motorized wheelchairs being used by handicapped persons, will be prohibited.
'.'ODMA MHOD.\IAUO1.`30.1\ 97
11 _ The trail will not now. nor in the future. be used as a Iight or heavy rail, bus or other
motorized mass transit system.
Grantor hereby represents that she is the surviving spouse of Marion R. Rohrer. who died a
resident of Hamilton County, Indiana, on August 17, 1997.
All the foregoing covenants of Grantee and all rights which are retained by Grantor with
respect to the fiber optic cable or other telecommunications system(s) shall be for the benefit of the
following described real estate located in Hamilton County, Indiana, and shall run with the land:
See Exhibit B attached hereto and made a part hereof
The parties hereto shall have the right to enforce the terms of this instrument in accordance
with all remedies available both at law and in equity.
2000.
IN WITNESS WHEREOF. Grantor has executed this instrument this 19th day of January,
aawK- e
oann E. Rohrer
"Grantor"
3
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
ACKNOWLEDGMENT
Before me, a Notary Public in and for said county and State, personally appeared Joann E.
Rohrer who acknowledged the execution of the foregoing Deed and Covenants.
Witness my hand and Notarial Seal this 19 "' day of Janu
My Conmissi-oFEx- Aires:
NIL LIAM D. OLSEN
,.e a.
Com. Ex;,: 6-30 -00
kes. of Hsm ton Co.
Sismature
Printed
Resident of
Notary Public
County, Indiana
This instrument prepared by Douglas C. Haney, Esq., Attorney -at -Law, One Civic Square, Cannel,
Indiana 46032.
Send Tax Statements to:
oow.mwoDNI. _104
City of Cannel
One Civic Square
Carmel, IN 46032
4
EXHIBIT A
PARCEL NO. 09- 24- 00 -00- 017.000
MONON CORRIDOR
MARION R. AND JOANN E. ROHRER
Part of the West Half of the Northeast Quarter Of Section 24, Township 18 North,
Range 3 East, Hamilton County, State of Indiana, and more particularly described as
follows:
Commencing at the Southwest Corner of the West Half of the Northeast Quarter of
Section 24, Township 18 North, Range 3 East; thence North 90 degrees 00 minutes 00
seconds East (assumed bearing) 321.75 feet to the Southeast corner of a parcel
described in deed record 232 page 212 as recorded in the Office of the Hamilton
County Recorder, and the Southwesterly right -of -way of the Monon Railroad and the
Point of the Beginning; thence Northwesterly along a curve to the right 923.40 feet
along said right -of -way line; thence Easterly 33 feet to the centerline of said right -of-
way; thence Southeasterly along a curve to the left 1001.90 feet along said centerline;
thence North 90 degrees 00 minutes 00 seconds West 39.11 feet to the Point of
Beginning and containing 0.70 acres more or less.
Certified: March 28, 1998
Michael L. Crawford, Regi -1e /ed Land Surveyor,
No 890004, State of Indi
PARCEL NO. : 24- 00 -00- 017.000
PROJECT NO. : 97031
COUNTY : HAMILTON
SECTION : 24
TOWNSHIP : 18 N
RANGE : 3 E
SW Corner of
W Holf of
NE Quarter
33'
G
LID
s_
EXHIBIT A
OWNER : MARION R. AND JOANN E. ROHRER
DEED RECORD : 232/212
DRAWN BY : J.B.R.
CHECKED BY : M.L.C.
Hatched Area = R/W Taking
Res. Area
= 2 Acres
G
01
24- 00 -00- 017.000
19.5 rods (SIC)
SCALE : = 200'
L: CR4i,, ",,
��•'G \SrE4 22 .
Ott
No.
*I 890004
• STATE OF
o
....it/0
.•.
,19s. D
Total Arco =
R/W Existing =
Net Total Area =
2.70 Acres
0 Acre
2.70 Acres
EXHIBIT B
PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION
24, TOWNSHIP 18 NORTH, RANGE 3 EAST;
BEGINNING AT THE SOUTHWEST CORNER OF SAID WEST HALF AND
RUNNING THENCE NORTH 30 RODS TO THE LINE OF THE MONON
RAILROAD; THENCE SOUTHEASTERLY WITH THE SAID LINE TO THE
SOUTH LINE OF SAID WEST HALF OF SAID QUARTER; THENCE WEST
19 1/2 RODS TO BEGINNING. CONTAINING TWO ACRES, MORE OR
LESS.