Carmel Drive - First Indiana Bank (2) SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That FIRST:INDIANA BANK, A FEDERAL SAVINGS BANK,
hereinafter called the Grantor, of Marion County, Indiana, in consideration of the
sum of Ten Dollars ($10.00) the receipt of which is hereby acknowledged, hereby grants
and warrants to THE CITY OF CARMEL, INDIANA, its successors and assigns, hereinafter
called the Grantee, a perpetual non exclusive easement for the Grantee's sanitary
sewer along and over the Grantor's land, said easement being described as follows:
Part of the South Half of Section 31, Township 18 North, Range 4 East in
Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Southwest Corner of the Southwest Quarter of Section 31,
Township 18 North, Range 4 East; thence North 89 degrees 50'15" East (assumed
bearing) on the South line of said Southwest Quarter 2313.00 feet; thence
North 00 degrees 09'45" West 480.00 feet to the Southeast corner of real
estate conveyed to First Federal Savings and Loan Association of Indianapolis
by a Warranty Deed recorded in Deed Record 268, page 228 in the Office of
the Recorder of Hamilton County, Indiana; thence North 00 degrees 09'45"
West on the East line of said real estate 104.73 feet to a point which is
12.50 feet South of and measured perpendicular with an existing sanitary
sewer and the PLACE OF BEGINNING of the within described EASEMENT; thence
continuing North 00 degrees 09'45" West on the Easterly line of said real
estate 9.27 feet to an angle point in the Easterly line of said real estate;
thence North 42 degrees 09'00" West on the Easterly line of said real estate
21.49 feet to a point which is 12.50 feet north of and measured perpendicular
with said sanitary sewer; thence North 89 degrees 11'19" West parallel with
and 12.50 feet North of said sanitary sewer a distance of 177.74 feet to a
point which is 12.50 feet Easterly of an existing sanitary sewer; thence
North 04 degrees 02'21" East parallel with and 12.50 feet Easterly of said
sanitary sewer a distance of 23.06 feet to the North line of the aforesaid
real estate conveyed to First Federal Savings and Loan Association of Indianapolis;
thence South 89 degrees 50'15" West on said North line 25.07 feet to a point
12.50 feet West of an measured perpendicular with said sanitary sewer;
thence South 04 degrees 02'21" West parallel with and 12.50 feet West of
said sanitary sewer a distance of 15.24 feet to a point which is 12.50 feet
Northeasterly of and perpendicular with an existing sanitary sewer; thence
North 62 degrees 03'55" West parallel with and 12.50 feet Northeasterly of
said sanitary sewer a distance of 32.27 feet to the North line of the
aforesaid real estate conveyed to First Federal Savings and Loan Association
of Indiana; thence South 89 degrees 50'15" West on said North line 42.31
feet to the Northwesterly corner of said real estate; thence South 61 degrees
40'00" East on the Westerly line of said real estate 100.36 feet to a point which
is 12.50 feet Southerly of and measured perpendicular with the first reference
sanitary sewer; thence South 89 degrees 11'19" East parallel with and 12.50
feet South of said sanitary sewer a distance of 199.18 feet to the PLACE OF
BEGINNING.
Grantor hereby reserves to himself, and his heirs and assigns the use of the above
described land insofar as such use is not inconsistent with the easement hereby granted;
provided, however, that Grantor shall not construct or cause to be constructed or
allow any construction of any structures thereon, except driveway and parking areas.
In the event any construction or work is performed in connection with the
operation and maintenance of sanitary sewer, the Grantee shall restore the surface
of Grantor's land to the same condition as it was prior to the commencement of such
work. The Grantee covenants to maintain the easement in good repair so that no damage
will result from its use to the adjacent land of the Grantor, his successors and assigns.
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Grantor hereby covenants that Grantor is the owner in fee simple of the real
estate, is lawfully seized thereof, and has authority to grant and convey the
foregoing easement, and guarantee the quiet possession thereof, and that Grantor
will warrant and defend Grantee's title to the easement hereby granted against
all claims by or through Grantee.
IN WITNESS WHEREOF, the Grantor has executed this Easement this 6th
day of May 1991.
FIRST INDIAN' BA a Federal Savings Bank
By:
STATE OF INDIANA
COUNTY OF MARION
BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY
APPEARED Michael C. Wise, Vice President
WHO ACKNOWLEDGED THE EXECUTION OF THE FOREGOING UTILITY EASEMENT.
WITNESS my hand and Notarial Seal this 6th day of May
1991.
2 g4/ ca/
Pamela K. Akers
Notaryy Public
My Commission Expires: Resident of Marion County
June 28, 1992
This instrument prepared by
Kathryn M. Kunz, Attorney -At -Law
Y
ACCEPTANCE OF DEDICATION
The undersigned, being the members of the Carmel Board of
Public Works and Safety, hereby accept the foregoing Dedication of
Sanitary Sewer Easements and agree to be bound thereby.
CARMEL BOARD OF PUBLIC
WORKS AND SAFETY
Dorothy J/ an'ock, Mayor
-10(
Bill,i Walker, Member
David Taylor /Member
ATTEST:
LOALAJ'
Susan W. Jones, C, rk- Treasurer
This instrument prepared by: Stephen K. Andrews
Carmel City Attorney
One Civic Square
Carmel, IN 46032
(317) 571 -2445