Gray - Cotton, Douglas/Kathryn I 200100045605
cos), Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
E A SEMENTS 03:11 18 .0.
ESEMENTS 18.00
Prior Deed Reference: 2 3 2
EASEMENT AGREEMENT
THIS INDENTURE WITNESSETH, that Douglas A. and Kathryn Y. Cotton, husband
and wife (hereinafter "Grantor hereby grant and convey to the City of Carmel, Indiana, its
successors and assigns (hereinafter "Grantee in consideration of the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, an exclusive easement "Easement that shall run with the land and
which shall be limited to the Grantee's right to construct, repair, operate, maintain, replace,
relocate and remove a public sidewalk or other public right of way through, upon, under and
across the following described real estate:
See Exhibits "A" and "B" attached hereto and made a part hereof.
together with the right to do all other lawful acts and things not inconsistent herewith.
Grantor expressly reserves all right, title and interest in and to the real estate described
not specifically granted to Grantee.
Grantee expressly covenants and agrees, in its sole option, to replace or recompense
Grantor for the appraised value of no more than four (4) of Grantor's trees that measure 2"" or
more in trunk diameter and that die as a result of, and within two (2) years of the completion date
of, City's construction as contemplated herein or of any subsequent work performed by City on
said sidewalk.
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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.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
Agreement this 5 day of 2000.
"G' NTOR"
ouglas A. Cotton
Kathryn' Co f n
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STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and For said County and State, personally appeared
Douglas A. and Kathryn Y. Cotton, husband and wife, "Grantor who acknowledged the
execution of the foregoing "EASEMENT AGREEMENT" as their voluntary act and deed.
Witness my hand and Notarial Seal this of 2000.,.,,
NOTARY P 1: LIC U
My Commission Expires: Q mom rr E� L•• 1 ME 4
O \o,a,\0 o y
Printed Name 1
My County of Residence: 6
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Cannel,
Indiana 46032.
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EXHIBIT "A"
DOUGLAS A. AND KATHRYN Y. COTTON
TO
CITY OF CARMEL, INDIANA
LEGAL DESCRIPTION
For the purpose of public improvement, a taking for additional right -of -way in width situated as generally
shown on the attached drawing Exhibit "B" and contiguous to the east right -of -way of Grey Road, all of which can
be found in Deed Instrument Number 9423211 in the Office of the Recorder, Hamilton County, Indiana, which is
more fully described as follows:
A part of the West Half (W /z) of the Northwest Quarter (NW '/4) of Section 4, Township 17 North,
Range 4 East, more particularly described as follows:
Beginning at a point in the West line of said Half- Quarter Section one thousand five hundred ninety
and fifty hundredths (1,590.50) feet South of the Northwest corner of said Half- Quarter Section; thence
South seventy five (75) feet along the west line of said Half- Quarter Section; thence Easterly three hundred
thirty (330; feet to an old iron pipe; thence West three hundred thirty (330) feet to a point on the west line
of said Half Quarter Section, the point of beginning; thence East and parallel with the north line of said
Half- Quarter Section forty one and fifty hundredths (41.50) feet to a point; thence South and parallel with
the west line of said Half- Quarter Section one hundred and fifty (150) feet to a point; thence West and
parallel with the North line of said Half- Quarter Section forty one and fifty hundredths (41.50) feet to a point
in the west line of said half quarter section; thence North and upon and along the west line of said Half
Quarter Section one hundred and fifty (150) feet to the point of beginning, containing 6122 square feet,
more or less.
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EXHIBIT "BT
11343
DOUGLAS A. AND KATHRYN Y.
COTTON
o EXISTING
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