Range Line - Carmel Properties EASEMENT FOR INGRESS AND EGRESS
The City of Carmel, Indiana, (hereinafter referred to
as "City of Carmel hereby grants the following easement
to Carmel Properties, an Indiana general partnership,
(hereinafter referred to as "Carmel Properties
Recitals
A. Carmel Properties is the owner of certain real
estate located in Carmel, Indiana, which real estate is
more particularly described in Exhibit A attached hereto and
made a part hereof, (hereinafter referred to as "Benefitted
Property
B. The City of Carmel has embarked on a program to
widen Rangeline Road to become a four lane highway. In
conjunction therewith the City of Carmel, pursuant to the
power of eminent domain, instituted a program of acquisition
of land bordering Rangeline Road. As a part of this program
of acquisition, the City of Carmel acquired a strip of ground
off of the eastside of the Benefitted Property. (This
strip of ground is hereinafter referred to as the "Easement
Property
C. A portion of the deed of conveyance of the Easement
Property reads as follows:
It is understood between the parties hereto, and
their successors in title, and made covenant
herein which shall run with the land, that all
lands hereinbefore described excepting any parcels
specifically designated as easements or as temporary
rights of way are conveyed in fee simple and not
merely for right of way purposes, and that no
reversionary rights whatsoever are intended to
remain in the grantor(s).
This language inadvertently raised questions concerning Carmel
Properties' access to its own property.
C. Carmel Properties and the City of Carmel desire to make
sure that access to the Benefitted Property is available
for Carmel Properties and its successors and assigns.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00), the receipt of which is hereby acknowledged, and other
r 2
good and adequate consideration, City of Carmel agrees as
follows:
1. Easement Grant. The City of Carmel hereby grants,'
conveys and transfers a perpetual right and easement in, over
and across the Easement Property for ingress and egress of
pedestrian and vehicular traffic through the Easement Property
to the Benefitted Property. The legal description of the ease-
ments is attached hereto and incorporated herein as Exhibit B.
2. Persons to Whom Granted. The easement rights provided
by this document are granted to Carmel Properties and its
successors and assigns; to the lessees, sublessees, occupants,
mortgagees, invitees, business visitors and licensees of Carmel
Properties and its successors and assigns; to all public and
private utilities serving any part of the Benefitted Property;
and to all other persons furnishing services to the Benefitted
Property.
3. Easement Appurtenant. This agreement and the terms
and conditions herein shall be appurtenant to, imposed upon,
apply to and run with the Benefitted Property and the Easement
Property and shall be.binding upon and inure to the benefit
of the owners and occupants of such property.
Executed this rday of 1981.
CITY OF CARMEL, INDIANA
BY
rig: 4
State of Indiana
O
SS:
County o
Sworn and subscribed to before me, Noty Public in and
for said County and State, this /,.,;'day of te.,,< 1981.
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My Commission Expires: Notary P .fiP
03/igefr i
County of Residence
This instrument prepared by Stephen A. Harlow, 911 E. 86th
Street, Indianapolis, Indiana 46240.
EXHIBIT A
Former Carmel Bank Property
A part of the Southeast Quarter of Section 36, Township 18
North, Range 3 East, described as follows:
Beginning at a point 901.80 feet North of the Southeast corner
of said Section 36; run West 378.40 feet; thence North 223
feet; thence East 375 feet; thence South 225.45 feet to the place
of beginning, said tract being known as Tract 5 of the Hummer
Plat of Lands, in Hamilton County, Indiana.
EXCEPT: Commencing at the Southeast corner of said Section;
thence North 1 degree 51 minutes 30 seconds West 901.80 feet
along the East line of said Section; thence South 88 degrees
48 minutes 45 seconds West 35.00 feet to the point of beginning
of this description, which point is the intersection of the
West boundary of Rangeline Road (Westfield Boulevard) with the
South line of the owner's land; thence South 88 degrees
48 minutes 45 seconds West 5.00 feet along said South line;
thence North 1 degree 51 minutes 30 seconds West 162.73 feet;
thence'South 88 degrees 08 minutes 30 seconds West 5.00 feet;
thence North 1 degree 51 minutes 30 seconds West 10.00 feet;
thence North 88 degrees 08 minutes 30 seconds East 5.00 feet; thence
North 1 degree 51 mintues 30 seconds West 52.46 feet to the
North line of the owner's land; thence North 88 degrees 26
minutes 25 seconds East 5.00 feet along said North line to the
West boundary of Rangeline Road (Westfield Boulevard); thence
South 1 degree 51 minutes 30 seconds East 225.22 feet along
said West boundary to the point of beginning.'
EXI IIBIT B
Proposed Access Easement Description
Former Carmel Bank Property
Part of the Southeast Quarter of Section 36, Township 18
North, Range 3 East in I-Iamilton County, Indiana, described
as follows:
Beginning at the Southeast corner of the Southeast Quarter
of Section 36, Township 18 North, Range 3 East; thence North
00 degrees 00 minutes 00 seconds (assumed bearing) on and along
the East line thereof 989.00 feet; thence North 90 degrees
00' seconds West 35.00 feet to the True Beginning Point of the
easement herein described on the East line of real estate con-
veyed to the City of Carmel by a Warranty Deed recorded in
Deed Record 316, page 591 in the Office of the Recorder of
Hamilton County, Indiana, (said East line also being the West
line of Range Line Road (Westfield Boulevard) as referred
to in said deed); thence North 90 degrees 00 minutes 00
seconds West 5.00 feet to the West line of said City of
Carmel real estate; thence North 00 degrees 00 minutes 00
seconds on and along said West line 40.00 feet; thence North
90 degrees 00 minutes 00 seconds East 5.00 feet to the East
line of said real estate; thence South 00 degrees 00 minutes
00 seconds on and along said East line 40.00 feet to the
True Beginning Point.