Audubon Dr - Carmel High Bldg Corp L
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HAMILTON COUNTY? INDIANA
JENNIFER J HAYDEN
07 -28 -2005 At 11 :10 am.
EASEMENTS 20.00
Prior Deed Reference: Deed Record 137, Pages 365 367
EASEMENT AGREEMENT APPROVED AS TO FORM BY 4.
This Easement Agreement (the "Agreement), is entered into by and between the Carmel /Clay School
Corporation "Grantor and the City of Carmel, Indiana, by and through its Board of Public Works and Safety
"Grantee for public emergency access and related purposes, as follows:
1. Grantor is the fee simple owner of the real property described in Exhibit A, attached hereto and
incorporated herein (the "Real Estate
2. Grantor, its successors, heirs and assigns, hereby grants and conveys to the 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, appurtenant easement "Easement that shall run with the land and which
shall be limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate and
remove the infrastructure required for Emergency Access through, upon, over, along, under and across the
following described 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.
3. 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.
4. This Agreement is made subject to all prior easements, agreements, restrictions and rights -of -way of
record.
5. 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.
6. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State
of Indiana.
7. 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.
P. 1
8. This Agreement is not subject to the Indiana Corporate Income Tax.
IN WITNESS WHEREOF, Grantor has executed this Instrument on theal 9 day of d l.4 L. 2005.
"GRANTOR"
Ae armel/Clay School Co I.or:tion
By: r ieilli"
uthorized Signature)
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Alss4-. S0 reri rt-k> vA:1; ,►.si�..Qss ty'
(P M
ed Name and Title)
STATE OF INDIANA
COUNTY OF g-Lt ypt t I 'h al
Before me, the undersigned NOTARY PUBLIC in and for said County and State, personally appeared the above
and acknowledged executing the foregoing Dedication of Public Emergency Access Easement.
Witness my hand and Notarial Seal this 09 day of 2005.
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Notary Public (printed) L I"
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MY COMMISSION EXPIRES: o O
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COUNTY OF RESIDENCE: Y\_� .!.�Q P
This instrument prepared by Douglas C. Haney, Attorney at Law
Carmel City Attorney
Carmel City Hall
One Civic Square
Carmel. lndiana 46032.
p. 2
Exhibit A
Audubon Drive /Sylvan Lane
Emergency Access Easement Dedication
Legal Description
EMERGENCY ACCESS EASEMENT
LAND DESCRIPTION
Part of the North Half of Section 30 Township 18 North Range 4 East, Hamilton County,
Indiana, more particularly described as follows:
Commencing at the Southeast corner of the East Half of the Northwest Quarter of said Section;
thence South 89°28'10" West along the South line thereof 168.60 feet;
thence North 00 °44' 10" West 609.30 feet;
thence North 30 °55'50" East 629.70 feet;
thence North 11 °39'50" East 690.74 feet;
thence North 79°53'18" West 39.46 feet;
thence North 01°30'19" West 813.14 feet to the North line of the Northeast Quarter of said
Section;
thence along said North line South 89 °32'49" West 209.92 feet to the Northeast corner of said
Northwest Quarter Section;
thence along the North line thereof South 89 °31'05" West 111.76 feet;
thence South 00 °37'29" East 535.00 feet to the center of Cool Creek;
thence North 64 °16'02" West along said centerline 111.61 feet;
thence North 00 °37'29" West 485.70 feet to the North line of said Northwest Quarter Section;
thence South 89 °31'05" West 624.70 feet;
thence South 01 °56'58" West 616.85 feet;
thence South 80 °37'29" East 158.81 feet;
thence South 00 °37'29" East along the East line of Carmelwood subdivision extended as
recorded in Deed Record 136, Pages 365 -367 a distance of 808.20 feet to the Northeast
corner of Lot 4 of said Carmelwood subdivision;
thence South 89 °22'31" West along the North line thereof 101.50 feet to the Northwest corner
thereof;
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thence South, Southwesterly and Westerly along the South line of the proposed right -of -way the
following three (3) courses:
1) South 03 °41'06" West 48.45 feet to the point of curvature of a curve concave
Northwesterly having a central angle of 54 °36'07" and a radius of 141.29 feet;
2) Southwesterly 134.65 feet along said curve (said curve being subtended by a chord bearing
South 32 °01'55" West 129.61 feet) to the point of curvature of curve concave Northerly
having a central angle of 20 °03'01" and a radius of 200.65 feet;
3) Westerly 70.22 feet along said curve (said curve being subtended by a chord bearing South
74 °44'33" West 69.86 feet) to the
POINT OF BEGINNING of this description;
thence South 00 °46'37" East 86.91 feet to the point of curvature of a curve concave Southerly
having a central angle of 09 °03'33" and a radius of 320.39 feet (said curve being subtended by
a chord bearing South 85 °09'52" West 50.60 feet);
thence North 00 °37'32" West 92.90 feet to the South line of said proposed right -of -way said
point also being the point of curvature of a curve concave Northerly having a central angle of
14 °23'52" and a radius of 200.65 feet (said curve being subtended by a chord bearing South
88 °02'01" East 50.29 feet) to the
POINT OF BEGINNING; containing 0.102 acres, more or less; subject however to all legal
easements and rights -of -way of record.
P. 5
5 89 °3 1'055/
1 1 1 .78' 5 89 °32'49'
5 89°31'055/ 024.70' 7.09.92'
North Ilne NW 1/4
Section 30 T 186 RAE
NE Corner NW 1/4
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5 80 37'295 Centerline Cool Cre 0
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CURVE DATA
CURVE
NO. DELTA RADIUS TANGENT LENGTH CHORD CHORD BEARING
t1 79°53'1 8
1 54'26'07' 141 29 72 97 134.65 12961' S 32 W 39.46'
2 20°030 20065' 3547 7022 6986' S 74'44'33'W n
3 09 5333 32030 25 30 5066 5060 S 85'0952'W
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4 145357' 20065' 25 34' 50 47 50.29 S 885201" E n
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Gilbert Brenda Bruning
Wenantyy Deed
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Lot 5
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Francis Cnn Leonard 5 2=P 5 I Mj
Warranty Deed Instr. p 9709734030
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Oat Claim Deed 92.90 LOT 3
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LOI 16 0.1 02 Acres
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Vacated Inst No. 9103067
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xcdon30T IN -K4E
PROPOSED
C¢.. EMERGENCY ACCESS EASEMENT
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City o Carmel
BOARD OF PUBLIC WORKS SAFETY
ACCEPTANCE
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:
A-JOT AS-Cr)
James Brainard, Presiding Officer
Date:
Mary Burke, Member
Date: PAP-0.
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Lori Wa on, Memr I
Date: /rl -'C/ a G
ATT I a O
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Diana Cordray, I k,
Date: `7 ow 0,5O Lti;
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This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032.
p. 3