146th - Ditch - Bhargava, Atul/Reeta2010010689 EASEMENTS $23.00
03/09/2010 08:59:31A 6 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
DRAINAGE EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, Atul and Reeta Bhargava,
husband and wife, and as the fee owners of certain real estate, (hereinafter collectively referred
to as "Grantors for and in consideration of the sum of One Dollar and no cent, in hand paid,
the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby
GRANT, BARGAIN, SELL AND CONVEY UNTO The City of Carmel, Indiana, an Indiana
municipal corporation, its successors and assigns (hereinafter referred to as "GRANTEE a
perpetual drainage easement upon, over, under and across the real estate located in Hamilton
County, Indiana, and described in Exhibit "A" and depicted in Exhibit "B both of which are
attached hereto and hereby made part hereof, for the purpose of laying, installing, constructing,
maintaining, operating, inspecting, altering, replacing and removing the drainage facilities.
Grantee shall have the right of ingress and egress over, under, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantors, their successors
and assigns, upon and within the boundaries of the easement area, for purposes of access to the
easement area. Said easement also includes the rights and privileges to temporarily use, from
time to time, additional space, where available and necessary, that is adjacent to the
easement area for equipment and materials necessary for the installation, repair and maintenance
of Grantee's facilities located in, under, upon, over, and/or across the easement area, to do all
acts and things requisite and necessary for the full enjoyment of the easement hereby granted,
provided Grantee, their successors, agents, or employees restore the portion of the Grantors'
property disturbed by their work to a condition that is as near the condition that existed just prior
Grantors, their successors or assigns, shall not erect or maintain any permanent
structures, obstructions, or other improvements under and /or upon the surface of or over the
easement area or perform any act which would impair or interfere with Grantee's use and
enjoyment of the easement herein granted.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the
rights and easements herein granted shall be used by Grantee upon the terms and conditions
specified herein, with ingress to and egress from the easement area, for the purposes of
constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee
herein described, but subject to all liens, encumbrances, restrictions and prior easements of
record.
It is agreed that this grant covers all the agreements between the parties and no
representations or statements, verbal or written, have been made modifying, adding to or
changing the terms of this agreement.
The Grantors represent and certify that they are the fee simple owners of the easement
area and real estate surrounding the easement area; that Grantors guarantee the quiet possession
of the easement area to the Grantee; that the easement area is free of any liens or encumbrances,
except the lien of current taxes and any other lien or encumbrance that, as of the date of
execution hereof, appears of public record; and that, subject to the foregoing, Grantors will
warrant and defend Grantee's title to the easement granted hereby against all claims thereon.
The person or persons executing this instrument on behalf of Grantors hereby represent
that they have the authority to bind Grantors, jointly and individually, to the terms and conditions
set forth herein.
This instrument may be executed by Grantors in separate counterparts, each of which
shall constitute a duplicate original.
"I affirm, under the penalties for perjury, that I have
taken reas able care to redact each Social Security
number) this d� by law!
(name) s
IN TESTIMONY WHEREOF, Grantors herein have executed this conveyance
individually and as husband and wife this, the u day of J 61 u `�Y•
200.
,71 I
Atul Bhargava
STATE OF 1 f \I b
COUNTY OF fv 1. 10 Al
Before me, a Notary Public in and for said County and State personally appeared
Atul and Reeta Bhargava known to me to be the individuals whose names are subscribed to the
foregoing instrument and consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this D-c7 day of 5
Commission Expiration:
Cdu ty'AfRbsid rice:
SS:
�-0
Notary .lic
Reeta Bhargava
.54'44 y Geo/v 9-,
Printed Signature
NUMBER
DIRECTION
DISTANCE
L1
N 89'42'32" W
40.00 FT
L2
N 00'18'33" E
11.73 FT
L3
N 89'42'32" W
20.00 FT
L4
N 00'18'33" E
20.00 FT
L5
S 89'42'32" E
20.00 FT
L6
S 0018'33" W
20.00 FT
PARCEL: 8 (DRAINAGE EASEMENT)
PROJECT No.: 04 -06
ROAD: DITCH ROAD
TOWNSHIP: 18 NORTH
RANGE: 3 EAST
NW CORNER, NE 1/4,
293.30'
EXHIBIT "B"
OWNER: ATUL AND REETA BHARGAVA
COUNTY: HAMILTON RECORD DOCUMENT: INST. #9635700
SECTION: 21 1, 1 HATCHED AREA IS THE
APPROXIMATE EASEMENT AREA
This plat was prepared from information obtained from the Office of the
Recorder of Hamilton County, and from plans prepared by R.W Armstrong
doted May, 2004 for the City of Carmel (Project No. 04 -06) The basis
of bearings for this plat and legal description are based upon the deed
record descriptions.
SEC. 21, T 18 N, R 3 E N 8977'13" E
APP. SECTION LINE
146TH STREET
675.61'
403.26'
PLACE OF BEGINNING
U
f-
50'
NE CORNER, NE 1/4,
SEC. 21, T 18 N, R 3 E
SE CORNER, NE 1/4,
SEC. 21, T 18 N, R 3 E
DRAWN BY JDW 12 -08 -2005
CHECKED BY TEN 12 -08 -2005
SCALE 1" 100'
NORTH
0
50'
SCALE 1 100'
AREA (PARCEL 8
100'
PREPARED BY:
Transportation
Development Consultants
3417 0 SHERUNI DR, DFECH CROW. IN 4107 (317)780 -1555
ACRES (SQ. FT)
TOTAL
10.241 (446,192.54)
EASEMENT TAKE
0.009 (400.00)
PARCEL: 8 (DRAINAGE EASEMENT)
PROJECT No.: 04 -06
ROAD: DITCH ROAD
TOWNSHIP: 18 NORTH
RANGE: 3 EAST
NW CORNER, NE 1/4,
293.30'
EXHIBIT "B"
OWNER: ATUL AND REETA BHARGAVA
COUNTY: HAMILTON RECORD DOCUMENT: INST. #9635700
SECTION: 21 1, 1 HATCHED AREA IS THE
APPROXIMATE EASEMENT AREA
This plat was prepared from information obtained from the Office of the
Recorder of Hamilton County, and from plans prepared by R.W Armstrong
doted May, 2004 for the City of Carmel (Project No. 04 -06) The basis
of bearings for this plat and legal description are based upon the deed
record descriptions.
SEC. 21, T 18 N, R 3 E N 8977'13" E
APP. SECTION LINE
146TH STREET
675.61'
403.26'
PLACE OF BEGINNING
U
f-
50'
NE CORNER, NE 1/4,
SEC. 21, T 18 N, R 3 E
SE CORNER, NE 1/4,
SEC. 21, T 18 N, R 3 E
DRAWN BY JDW 12 -08 -2005
CHECKED BY TEN 12 -08 -2005
SCALE 1" 100'
NORTH
0
50'
SCALE 1 100'
AREA (PARCEL 8
100'
PREPARED BY:
Transportation
Development Consultants
3417 0 SHERUNI DR, DFECH CROW. IN 4107 (317)780 -1555
EXHIBIT "A"
Project: 04 -06 CLAY WEST -DITCH ROAD Sheet 1 of 1
Parcel 8 DRAINAGE EASEMENT
A PART OF THE NORTHEAST QUARTER OF SECTION TWENTY ONE (21), TOWNSHIP
EIGHTEEN (18) NORTH, RANGE THREE (3) EAST AND BEING THAT PART OF THE
GRANTORS' LAND LYING OUTSIDE THE RIGHT OF WAY LINES DEPICTED ON THE
ATTACHED EXHIBIT "B MORE FULLY DESCRIBED AS FOLLOWS:
Commencing at the Northeast Corner of the Northeast Quarter of Section 21, Township 18,
Range 3 East; Thence South 00 degrees 18 minutes 33 seconds West, along the East Line
of said Quarter Section a distance of 480.04 feet to the Southeast corner of Instrument
Number 9635700 as recorded in the Hamilton County Recorder Office; Thence North 89
degrees 42 minutes 32 seconds West on and along the Southerly line of said Instrument
Number 9635700 a distance of 40.00 feet to the West Right -of Way of Ditch Road;
Thence North 00 degrees 18 minutes 33 seconds East on and along said west Right -of
Way parallel to said East Line a distance of 11.73 feet to the PLACE OF BEGINNING;
Thence North 89 degrees 42 minutes 32 seconds West a distance of 20.00 feet; Thence
North 00 degrees 18 minutes 33 seconds East parallel to said East Line a distance of
20.00 feet; Thence South 89 degrees 42 minutes 32 seconds East a distance of 20.00 feet
to said West Right -of Way of Ditch Road; Thence South 00 degrees 18 minutes 33
seconds West along said West Right -of Way of Ditch Road a distance of 20.00 feet to the
PLACE OF BEGINNING.
CONTAINING 0.009ACRES (400.00 SQUARE FEET), MORE OR LESS, being subject to all
legal easements and rights of way.
I, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby certify
that this Legal description was prepared by me on December 8, 2005, from the original deed
records of the property described and was based upon plans prepared by R.W. Armstrong for the
Ditch Road Improvement Project (Carmel City Project #04 -06), and dated May, 2004. I further
certify that to the best of my belief and knowledge this description is in accordance with Title
865, Article 1, Rule 12 of the Indiana Administrative Code.
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
/f i\--/7-
ATTEST:
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND S• ETY
a- es Brainard. Presidin• Officer
Date:
M.yAn
Date:
Lor Wats
Date:
Burke, Member
a.- (1
Sandra M. Johnson
Deputy Clerk for
.Diana L. Cordray, 1 •W C Clerk- Treasurer
STATE OF INDIANA
COUNTY OF
My Commission Expires:
2
SS:
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of
Sana-rc Jthnson
Carmel Board of Public Works and Safety, and Cns_ �?vz.., Clerk- frca ure
Carmel, who acknowledged the execution of the foregoing "Easement Agreement
behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 1
NOTARY PUBLIC
fL
day of
Printed Name
My County of Residence:
Date:
the City of
of the ,City`of
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0 a te,
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