Illinois Perpetual Drain - Fidelity Office ParkO
Project No.: 116th Street & Sprinq Mill Road /
Illinois Street
Parcel: 5
Page: 1 of 3
PERPETUAL DRAINAGE EASEMENT
THIS INDENTURE made this !ern. day of TU -r -I 20 0S by
and between Fidelity Office Park II, L.P., an Indiana Limited Partnership (hereinafter called
"Grantor") and the City of Carmel, Indiana, (hereinafter called "Grantee"); its successors and
assigns, for and consideration of the sum of Thirteen Thousand Four Hundred Fifty and no/100
Dollars ($13,450.00 ) (of which said sum $ -0- represents land encumbered and improvements
acquired and $13,450.00 damages) and other valuable consideration, the receipt of which is
hereby acknowledged, a perpetual easement in and over the following described real estate
(hereinafter referred to as the "EASEMENT REAL ESTATE") in Hamilton County, Indiana.
WITNESSETH THAT:
WHEREAS, Grantee must obtain from Grantor a perpetual drainage easement for
construction of a project known as 116`h Street & Sprinq Mill Road / Illinois Street and
WHEREAS, Grantor must grant a perpetual drainage easement to Grantee, as described
and incorporated herein, as by reference, a drainage facility will be
established and maintained, or to otherwise assure satisfactory drainage.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other
valuable consideration, the receipt of which is hereby acknowledged, Grantor for itself, its
successors and assigns, does hereby grant, convey and warrant unto Grantee a perpetual
drainage easement, with the right, privilege and authority in Grantee to maintain, repair, continue
and improve the drainage facilities described in Exhibit "A" located under, upon, over and
across the real estate owned by Grantor and situated in the County of Hamilton, State of Indiana,
attached hereto and incorporated herein by reference.
A diagram map showing the route, courses and distances through the above real estate
and the width of the easement is attached hereto and incorporated herein by reference as Exhibit
„B„
Grantee shall have the right to enter along, under, over and upon said easement to install,
repair, maintain and continue such Drainage Facilities and to make such alterations and
improvements to the Drainage Facilities as Grantee deems may be necessary or useful. Grantee
shall also have the right of ingress and egress, for temporary periods only, over Grantor's property
adjoining said easement when necessary to install repair, maintain, continue or improve the
drainage facilities.
Grantee shall not otherwise enter upon Grantor's real estate adjoining said easement.
Grantee may remove any structure, pavement or landscaping on the easement to inspect and/or
maintain the Drainage Facilities without liability for replacement or repair of such structure,
pavement or landscaping.
2007063256 EASEMENTS $23.00
11/09/2007 11:40:51A 6 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
I affirm, under the penalties for perjury, that I have taken reasonable care to
redact each Social Security Number in the document, unless required by
law—Michael S. Walsh
0
0 - EXHIBIT "A"
Project: Illinois Street Sheet 1 of 1
Parcel 5A Permanent Drainage Easement
A part of the Northwest Quarter of Section 2, Township 17 North, Range 3 East, Hamilton
County, Indiana, described as follows: Commencing at the northwest comer of said
Northwest Quarter; thence North 89 degrees 17 minutes 10 seconds East 117.50 feet along the
north line of said Northwest Quarter to the southwest corner of the Southwest Quarter of
Section 35, Township 18 North, Range 3 East; thence North 88 degrees 32 minutes 54
seconds East 684.01 feet along the north line of said Northwest Quarter to the northwest
comer of the grantor's land; thence South 0 degrees 11 minutes 21 seconds East 140.03 feet
along the west line of said grantor's land to the point of beginning of this description; thence
North 63 degrees 15 minutes 35 seconds East 27.92 feet; thence South 0 degrees 11 minutes
24 seconds East 475.52 feet to the south line of the grantor's land; thence South 89 degrees
48 minutes 39 seconds West 24.99 feet along said south line to the southwest corner of the
grantor's land; thence North 0 degrees 11 minutes 21 seconds West 463.04 feet along the
west line of the grantor's land to the point of beginning and containing 0.269 acres, 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 h` day of June, 2004.
34
EXHIBIT A
RIGHT—OF—WAY PARCEL PLAT
Prepared For City of Carmel
By American Consulting. Inc.
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Gas Line Easement
Inslr No.. 9709747456
SHEET 1 OF 2
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SCALE: 1"•2007
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205+00
_TEMP RP/ FOR
DRIVE CONSTR.
PERMANENT
DRAINAGE EASEMENT
Gas Una Eosement • 1
Instr. No 9709747457 L
Electric Line Eosement
—Deed Book 276, Poge 537
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91
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35
Water Line Easement
Oeed Book 321, Page 17
Telephone Easement
Deed Book 331, Poge 502
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Non --exclusive Utility, Drainage and
Access Rood Easement
Oeed Book 319, Page 131
n i I 1 Sanitary Sewer Easement
Deed Book 321. Page 30
O Sanitary Sewer Easement
Inslr. No, 8824054
V,/,/////1/0d HATCHED AREA IS THE APPROXIMATE TAKING
OWNER:
PARCEL: 5
CODE:
PROJECT:
ROAD: ILLINOIS STREET
COUNTY: HAMILTON
SECTION: 2
TOWNSHIP: 17 NORTH
RANCE: 3 EAST
FIDELITY OFFICE BUILDING II, L.P.
DRAWN BY:
CHECKED BY: MLS
DES. NO,:
WARRANTYLDEED---INSTR-No-92-00222DATED DECEMBER 30,1991
WARRANTY DEED - INSTR. No. 9709718947 ATED 1.1997
WARRA., NTY DEED -INSTR No.9809830248 DATED JUNE,
THIS PLAT VAS PREPARED PROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY,