96th/westfield - Bowen, Eugene0
0
Form PHE-1
8/98
200500026320
Filed tor Record in
HAMILTON COUNTY? INDIANA
JENNIFER J HAYDEN
05-04-2005 At 11:32 nm.
EASEMENTS 16.00
PERPETUAL HIGHWAY EASEMENT
Project: 04-1 1
Parcel: 22
Page: 1 of 3
THIS INDENTURE WITNESSETH, That Eugene S. Bowen, 11 the Grantor(s), of Hamilton County, State of
Indiana Convey(s) and Warrant(s) to THE CITY OF CARMEL, INDIANA, the Grantee, for and in consideration of the
sum of One Thousand Eight Hundred Fifty Five Dollars (51.855.00) (of which said sum $-0-
represents land encumbered and improvements acquired and $1 855.00 represents damages) and other valuable
consideration, the receipt of which is hereby acknowledged, a perpetual easement and right of way in, under and upon
certain Real Estate situated in the County of Hamilton , State of Indiana, and which is more particularly described in the
legal description(s) attached hereto as Exhibit "A" of which exhibit is incorporated herein by reference, for the purpose of
the construction, reconstruction, maintenance, operation and repair thereupon of a highway facility and appurtenances
thereto, which said appurtenances may include but are not limited to, ditches and drainage facilities, slopes, rip rap,
culverts, and like features necessary for the said highway facility.
This conveyance is subject to any and all easements, conditions and restrictions of record.
K1 q I��SLIo
Interests in land acquired by the Indiana
HGI Landacq
128 Torey Pine Dr.
Indianapolis, IN 46112
I.C. 8-23-7-31
This Instrument Prepared By: Stephen]. Klineman. Attorney at Law
8765 Guion Rd., Suite D
Indianapolis, IN 46268
0
Project: 04-11
Parcel: 22
Page: 2 of 3
Grantee, its employees, agents, contractors, subcontractors and assigns shall have the right to enter in, under, over,
along and upon the area of the said right of way conveyed herein at will to construct, reconstruct, maintain, and continue to
operate the highway facility and appurtenances thereon and to remove from the said area any encroaching trees or other
vegetation, buildings or other obstructions to the free and unobstructed use of the said right of way, and to make such
alteration and improvements to the highway facility and appurtenances as the Grantee may deem necessary or useful. The
Grantee may also, without further permission of the Grantor(s) or the Grantor(s) successors in title, bargain, convey or
otherwise permit the use and/or occupancy of the area of the said right of way to place, replace, repair or maintain utility
facilities.
Grantor(s) and their successors in title, covenant(s) and agree(s) not to erect, maintain or allow to continue within
the area of the said right of way any building, structure, fence, plantings or other obstruction to the Grantee's free and
unobstructed use of the said right of way, highway facilities or appurtenances thereto without the prior express written
permission of the Grantee. Such permission shall not be effective unless and until recorded.
Grantor(s) warrant(s) that he is the owner(s) in fee simple of said Real Estate, lawfully seized thereof and has/have
a good right to grant and convey the foregoing easement; warrant(s) the quiet use and enjoyment thereof; warrant(s) that
said Real Estate is free from all encumbrances inconsistent with the Grant contained herein; and warrant(s) that
he will defend Grantee's title in said easement and right of way against all claims. This easement and right of way granted
herein, and its associated benefits and obligations, shall run with said Real Estate. This indenture shall bind and inure to
the benefit of the successors and assigns of the Grantee.
0
0
0
Project: 04-11
Parcel: 22
Page: 3 of 3
IN WITNESS WHEREOF, the said Grantor(s) has executed this instrument this / 7 day of
—k' ^ C.Jcz , 200 S
9gr.
.� eieS ,� n
Euge S. Bowen, I1
STATE OF a�CX,
COUNTY OF
SS:
Before me, a Notary Public in and for said State and County, personally appeared
Fueyene. 5. (30,.uen
, the Grantor(s) in
the, above conveyance, and acknowledged the execution of the same on the date aforesaid to be
k15 voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true.
4y4A!ifo'e.`is`, my hand Notarial Seal this
Sig 'aturw --4
r- C L
Printed.Nge ,
•
r7
day of
My ConiitTigic°'ija e. Aires
I am a resident of County.
. 200 S.
STEPHEN J. KLINEMAN
Notary Public, State of Indiana
County of Mahon
My Commission Expires Apr. 16, 2008
EXHIBIT "A"
Project: 04-11 Sheet 1 of 1
Parcel 22A Permanent Drainage Easement
A part of Lot 36 in Hamilton I-Ieights Addition, the plat of which is recorded in Deed Record
139, page 314 in the Office of the Recorder of Hamilton County, Indiana, described as
follows: Commencing at the southeast corner of said Lot 36; thence South 89 degrees 56
minutes 31 seconds West (bearing assumed) 74.94 feet (75 feet plat) along the south tine of
said Lot; thence along the southwestern line of said Lot Northwesterly 31.48 feet along an arc
to the right having a radius of 20.00 feet and subtended by a long chord having a bearing of
North 44 degrees 58 minutes 03 seconds West and a length of 28.33 feet; thence North 0
degrees 07 minutes 23 seconds East 24.94 feet along the west line of said Lot to the point of
beginning of this description; thence continuing North 0 degrees 07 minutes 23 seconds East
155.00 feet along said west line to the northwest corner of said Lot; thence North 89 degrees
56 minutes 31 seconds East 15.00 feet along the north line of said Lot; thence South 0
degrees 07 minutes 23 seconds West 170.28 feet; thence North 44 degrees 26 minutes 00
seconds West 21.38 feet to the point of beginning and containing 2440 square feet, more or
less.
This description was prepared for the City of Carmel by Michael L. Bishop, Indiana
0 Registered Land Surveyor, License Number S0511, on the 23`d day of November, 2004.