Cool Creek Trail - Carmel Clay SchoolsDULY ENTERED FOR TAXATION J
Subject to final acceptance for transfer
f day of 20LC.
Auditor of Hamilton County
Parcel W
EASEMENT AGREEMENT
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200600020991
Filed for Record in
HAMILTON COUNTY? INDIANA
JENNIFER J HAYDEN
04 -19 -2006 At 02.04 PM.
EASEMENTS 30,10
Prior Deed Reference: Instrument #9019950
APPROVED AS TO FORM BY
THIS INDENTURE WITNESSETH, that the City of Carmel School Corporation
(hereinafter "Grantor fee simple owner of the real property described in Instrument #9019950,
recorded in the Recorder's Office of the County of Hamilton, State of Indiana (hereinafter "Real
Estate hereby grants and conveys to the City of Carmel, Indiana, by and through its Board of
Public Works and Safety, its successors and assigns (hereinafter "Grantee in consideration of
the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, a perpetual exclusive easement, described in
Exhibits "A" and `B attached hereto and incorporated herein (hereinafter "Easement that
shall run with the land and which shall be limited to the use of the public for ingress /egress and
the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate and/or
remove certain pedestrian trail improvements, which include, but are not limited to, asphalt
pavement, gravel shoulders, landscaping, storm drainage systems through, upon, over, along,
under and across the Real Estate, together with the right to do all other lawful acts and things not
inconsistent herewith and requisite or necessary for the full enjoyment of the Easement.
except:
The Grantee agrees to not remove any existing trees or vegetation from the Easement
a. as is necessary for the installation, full enjoyment and maintenance of
said pedestrian trail improvements and /or related improvements and
infrastructure;
b. as is necessary to clear underbrush and dead trees or vegetation, weeds
or other rank or intrusive vegetation;
c. as necessary for public health and safety, as determined with the
cooperation of City of Carmel's Urban Forester.
The Grantor expressly reserves all right, title and interest in and to the Real Estate
described not specifically granted to Grantee, as well as the right to use or permit the use of the
Easement by others for any lawful purpose not inconsistent with the rights granted to Grantee
herein.
It is understood that all the provisions of this Agreement are stated herein and no verbal
agreements or promises will be binding on the parties hereto or their successors in interest. This
Agreement shall be governed by and construed and enforced in accordance with the laws of the
State of Indiana.
This Agreement is made subject to all prior easements, agreements, restrictions and
rights -of -way of record and is not subject to the Indiana Corporate Income Tax.
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This Agreement, upon execution by both Grantor and Grantee, is and shall remain
binding upon Grantor and Grantee and their respective officers, officials, agents, partners,
successors, assigns and legal representatives in all respects as to all covenants, agreements and
obligations contained herein.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
Agreement this 27TH
day of FEBRUARY 2006.
City of Carmel School orporation
By:
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(Autforized Signature)
Cad Ip r •Fresoleik
(Printed Name and Tile)
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
Schei dl er the President of the City of Carmel School Corporation "Grantor who
acknowledged the execution of the foregoing "EASEMENT AGREEMENT" as his/her voluntary
act and deed.
Witness my hand and Notarial Seal this 27th day of February
My Commission Expires:
13
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My County of Residence:
Ca p i
WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of
Carmel, Indiana, its Easement Agreement "Agreement which Agreement is hereinabove set
forth; and
WHEREAS, the City of Carmel, Indiana, is of the opinion that said Easement is desirable
and necessary to the City.
NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public
Works and Safety, under and by virtue of the power conferred upon it by statutes of the State of
Indiana, accepts the Agreement and orders that the Agreement be recorded in the Recorder's
Office of the County of Hamilton, State of Indiana.
"GRANTEE"
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
ACCEPTANCE
Lori Watson,
Date:
ATTEST:
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Tana Cordray, IAlx k- Treasurer
Date: 7 l
De po O1
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel,
Indiana 46032.
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Legal Description
Part of the South Half of Section 19, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana,
more particularly described as follows:
Commencing at the Southeast comer of the Southwest Quarter of Section 19, Township 18 North, Range 4 East,
Clay Township, Hamilton County, Indiana; thence South 90 degrees 00 minutes 00 seconds West (assumed
bearing and basis for this description) on the South line of said Southwest Quarter for a distance of 1153.50 feet
to the Southwest corner of a tract of land described in Instrument #9019950 in the Office of the Recorder of
Hamilton County, Indiana, thence North 01 degree 18 minutes 51 seconds West along the West line of said tract
of land for a distance of 65.02 feet to the Point of Beginning; thence South 90 degrees 00 minutes 00 seconds
West parallel with said South line of said Southwest Quarter for a distance of 30.01 feet; thence North 01 degree
18 minutes 51 seconds West parallel with said West line of said tract of land for a distance of 1287.98 feet to a
point on a Southerly line of said tract of land; thence South 90 degrees 00 minutes 00 seconds West along said
Southerly line of said tract of land for a distance of 384.66 feet to a Southwesterly corner of said tract of land;
thence North 66 degrees 24 minutes 54 seconds East along the Northwesterly line of said tract of land for a
distance of 74.98 feet; thence North 90 degrees 00 minutes 00 seconds East parallel with said South line of said
Southwest Quarter for a distance of 315.00 feet; thence South 45 degrees 53 minutes 47 seconds East for a
distance of 43.11 feet to the Northeast corner of a tract of land described in Instrument #9226597 also being on
an interior corner of said tract of land described in Instrument #9019950; thence South 01 degree 18 minutes 51
seconds East along said West line of said tract of land described in Instrument #9019950 for a distance of
1287.98 feet to the Point of Beginning, containing 1.138 acres, more or less.
Evans, Mechwart. Hombleton 8. Tilton, Inc.
Engineers Surveyors Planners Scientists
7400 North Shadeland Avenue
Suite 150, Indianapolis, IN 46250
Phone: 317.913.6930 Fax:317.913.6958
Columbus •frdnna5 Isdianapolis Charlotte
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Exhibit "A"
OFFSITE TRAIL EASEMENT
Carmel, Hamilton County, Indiana
SCALE:
N.A.
Date:
12 -15 -05
SHEET No.
1 of 1
90'00'00" E
6' e: 315.00'
N 6 1
90'00'00" W
384.66'
S. Line of Instr. #9019950
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N. Line, S 1/2, SW 1/4, Sec. 19, T18N, R4E
S 90•00'00" W 1153.50'
V 1
SE Cor, SW 1/4,
Sec. 19, T18N, 4E
Evans, Mechwart, Hambleton Tilton, Inc.
Engineers Surveyors Planners Scientists
7400 North Shadeland Avenue
Suite 150, Indianapolis, IN 46250
Phone: 317913.6930 Fax 317.9136958
Columbus Cincinnati ledianapolls Charlotte
M C M X X
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Exhibit "B"
OFFSITE TRAIL EASEMENT
Carmel, Hamilton County, Indiana
SCALE:
1"= 200'
Date:
12-15-05
SHEET No.
1 of 1
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March 29, 2006
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
RE: City of Carmel School Corporation Easement Agreement
Dear Board Members:
Mr. Rollin E. Farrand Jr., Director of Facilities and Transportation for Carmel Clay Schools, the Owner of
this property, has requested the Board sign the Easement Agreement documents presented for approval.
These documents provide an easement on school property that runs north from Smokey Row Road adjacent
to the west property line of the school to the school's south property line, then west adjacent to the south
property line to its' connection with the Cool Creek Trail. The proposed Arden Townhomes development
will be located west and south of this trail.
This easement will accommodate the construction of an offsite 12' asphalt trail that will connect Smokey
Row Road to the future Cool Creek Trail that will be located on the north side of the Arden Townhomes.
On behalf of the City of Carmel, I would like to thank Mr. Farrand and Carmel Clay Schools for this
Easement Agreement. I recommend the Board accept and sign this document.
Sincerely,
7)7,7 24
Michael T. McBride, P.E.
City Engineer
MTM/rbh
Enclosures
Cc: Rollin E. Farrand, Jr., Carmel Clay Schools
S: \DH ILL\BP W06 \CARMELSCHOOLCORPEASAGREE
JAMES BRAINARD, MAYOR
DEPARTMENT OF ENGINEERING
ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAx 317.571.2439
EMAIL engineering @ci.carmel.in.us