Kirby Park - partial vacate Sewer Line - Kirby, John/JeanTHIS INDENTURE WITNESS: that the City of Carmel, by and through its
Executive and Board of Public Works, in and for consideration of John S. Kirby Jr.:
(1) granting a Supplemental Sanitary Sewer Line Easement, a copy of which is
attached here to and made a part hereof as Exhibit "A (2) constructing a by pass
sewer line within the easement area described in Exhibit "A" (the "New Sewer") and
(3) dedicating the New Sewer to the City of Carmel, receipt of which is hereby
acknowledged, hereby Quit Claims to John S. Kirby Jr. all of its right title and interest
in an to that portion of the Sanitary Sewer Line Easement specifically described in
Exhibit `B" attached hereto and made apart here of (originally granted under
Sanitary Sewer Line Easement, dtated September 19, 1979, recorded October 5, 1979
in the Office of the Recorder of /Hamilton County IN as Instrument No. 13906 in
Deed Record Book 315 pages 743 -747), together with any improvements therein,
and further vacates said portion of the Sanitary Sewer Line Easement described in
Exhibit "B
Executed at the City of Carmel Board of Public Works meeting held the /6
day of O(. T OSE2_ ,1995.
Attest:
City of Carmel Board of Public Works
by:
QUIT CLAIM AND PARTIAL VACATION OF SANITARY SEWER LINE
EASEMENT
Its Members
State of Indiana
SS:
County of Hamilton
My Commission Expires: —`7- ll
My County of Residence: 46
Before me, a Notary Public in and for such county and state personally
appeared Ted Johnson, Mayor of the City of Carmel, who acknowledged the
execution of the foregoing Quit Claim and Partial Vacation of Sanitary Sewer Line
Easement in his official capacity as Mayor on behalf of the City of Carmel for the
purposes and uses therein contai d.
Dated this /���yday of boo 19 //c--(/
Gc :GAG
n
,IN
(printed name)
This instrument prepared by Christine Crull Altman, Attorney at Law.
Return to Kirby Real Estate 298 West Carmel Dr., Carmel, IN 46032
Supplemental Sanitary Sewer Line Easement
THIS INDENTURE WITNESSETH: that John S. Kirby Jr. and Jean H. Kirby
(hereinafter referred to as "Grantor") for and in consideration of the City of Carmel's
agreement to vacate a portion of the Sanitary Sewer Line Easement dated September
19, 1979 recorded in the office of the Recorder of Hamilton County, IN on October 5,
1979 as instrument No. 13906 in Deed Record Book 315 pages 743 -747, which
vacated portion is specifically described in attached Exhibit "A" to this Easement,
hereby grants unto the City of Carmel, Indiana, its designees, licensees, agents,
successors and assigns (hereinafter referred to as "Grantee) the right, privilege,
perpetual easement and authority to construct, reconstruct, repair, maintain, operate,
replace, relocate and remove a sewer line or lines with all necessary mains, pipes,
fixtures and appliances, and other facilities and equipment as by it may be deemed
necessary for the transmission and distribution of sewage through, upon, over, along
under and across the following described real estate owned by the Grantor, or in
which the Grantor has an interest, situated in Hamilton County, Indiana, to -wit:
See attached Exhibit "B Said real estate set forth in Exhibit "B" is hereinafter
referred to as the "Sewer Easement Real Estate"
together with the right, privilege and authority (1) of ingress and egress for the
employees, agents licensees and representatives of the Grantee to from and over
the above described real estate and over adjoining lands of the Grantor and (2) to do
all other acts and things requisite of necessary for the full enjoyment of the rights,
privileges, easement and authority herein granted.
The Sewer Easement herein reserved and created is declared to be of a
commercial character. In the creation of the instant Sewer Easement, the general
intention to the Grantee is the provision of a means whereby sewer facilities within
the Sewer Easement Real Estate may be constructed, renewed, operated, maintained
and repaired. Accordingly, the Grantee, its appointees, licensees, agents, successors
and assigns, shall have the following rights in virtue of the Sewer Easement hereby
created and the Grantor shall be under the following duties in respect of such
Easement:
1. The Grantee shall have the perpetual right to go upon the Sewer Easement Real
Estate and to construct, renew, operate, maintain and repair a sewer or sewers
now or hereafter to be located in, on, under, upon of across the Sewer Easement
Real Estate, and a similar right in respect of all appurtenance to such sewer of
sewers.
2. The Grantor shall not construct any building of portion or a building, of any other
permanent structure on the Sewer Easement Real Estate.
3. The Grantor shall acquire no title to any sewer pipes or sewer appurtenances that
are now or may hereafter be located on the Sewer Easement Real Estate.
4. The burden of the Sewer Easement Real Estate rights hereby reserved shall run
with the Sewer Easement Real Estate and shall be deemed to impose binding
EXHIBIT A
duties on the Grantor and on all persons, firms, or corporations who claim any
right, title or interest in the Sewer Easement Real Estate by, through or under the
Grantor.
5. The Grantee shall have the right, at any and all times, to use the Sewer Easement
Real Estate in the exercise of any and all of the rights reserved to it hereby,
without any obligation upon the Grantee to pay the Grantor for damage, to or to
replace, any improvements or landscaping upon the Sewer Easement Real Estate.
The Grantee, however, shall exercise such rights with such regard for the
Grantor's ownership of the Sewer Easement Real Estate as is consistent with the
maintenance of sewers located or to be located within the Sewer Easement Real
Estate.
6. Grantee, its designees, agents, licensees, successors and assigns shall have the
right at any and all times to use and to go upon and over any adjoining real estate
in which Grantor has an interest in order for Grantee to construct said sewer line
or to accomplish any other of the uses and purposes set forth in this Sanitary
Sewer Line Easement. In doing so, Grantee shall use reasonable care and shall
return said adjoining real estate to the condition it was in prior to prior to such
use.
IN WITNESS WHEREOF, tor has executed this Sanitary Sewer Line
Easement on the /7 `day of C Z 1995.
"Grantor"
State of Indiana
SS:
County of Hamilton
My. Commission Expires: 3
My County of Residence:
"Grantor"
John S. Kirby Jr.
Before me, a Notary Public in and for such county and state personally
appeared John S. Kirby Jr. and Jean H. Kirby who acknowledged the execution of the
foregoing Supplemental Sanitary Sewer Line Easement, as their free and voluntary
act and deed for the purposes and uses therein cont fined.
Witness my hand and Notarial Seal this day of
,IN
(printed name)
This instrument prepared by Christine Crull Altman, Attorney at Law.
Return to City of Carmel, Board of Public Works, One Civic Square, Carmel, IN
46032
Re: executed S ep p tember 19, 1979, and recorded
executed September 1979, in
Deed Record 315, page 743 -747.
LEGAL DESCRIPTION OF PORTION OF EASEMENT TO BE VACATED
Part of the Southeast Quarter of Section 36, Township 18 North,
Range 3 East in Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Northeast corner of the Southeast Quarter of
Section 36, Township 18 North, Range 3 East; thence South 00
degrees 00 minutes 00 seconds (assumed bearing) on and along the
East line of said Southeast Quarter 858.15 feet to the North right
of -way line of Carmel Drive; thence South 90 degrees 00 minutes 00
seconds West on and along said right -of -way line 755.00 feet;
thence East 89 degrees 59 minutes 54 seconds North 352.00 feet to
the true place of beginning of this tract; thence continuing East
89 degrees 59 minutes 54 seconds North 171.25 feet; thence North 51
degrees 25 minutes 5 seconds West 25.58 feet; thence West 89
degrees 59 minutes 54 seconds South 184.79 feet; thence South 83
degrees 7 minutes 9 seconds East 20.14 feet to the place of
beginning, containing 0.08 acre, more or less.
EXHIBIT A
SUPPLEMENTAL SANITARY SEWER LINE EASEMENT
LEGAL DESCRIPTION OF PORTION OF EASEMENT TO BE ENTERED
Part of the Southeast Quarter of Section 36, Township 18 North,
Range 3 East in Hamilton County, Indiana, more particularly
described as follows:
Commencing at the Northeast corner of the Southeast Quarter of
Section 36, Township 18 North, Range 3 East; thence eSou the
degrees 00 minutes 00 seconds (assumed bearing)
East line of said Southeast Quarter 858.15 feet to the North right
of -way line of Carmel Drive; thence South 90 00 minutes 00
seconds West on and along said right -of -way line 755.00 feet;
thence East 89 degrees 59 minutes 54 seconds North 352.00 feet to
the true place of beginning of this tract; thence East 76 degrees
14 minutes 24 seconds North 84.53 feet; thence North 12 degrees 42
minutes 27 seconds West 91.38 feet; thence North 51 degrees 25
minutes 5 seconds West 25.58 feet; thence South 12 degrees 42
minutes 27 seconds East 98.61 feet; thence West 76 degrees 14
minutes East te20.14 feet place of South minutes
ofbeginning, containing0.08
seconds East 20.
acre, more or less.
t.
EXHIBIT B
SUPPLEMENTAL SANITARY SEWER LINE EASEMENT