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Main - Hodson, Max Revocable Trust s Deed Reference: Instrument No. q J 64Va APPROVED AS TO FORM BY 20 F i t d for Re i n g)c- 9 HAiLDha 8 COlIFtTY cor o EASEMENT AGREEMENT JENNIFER J HAYDEN 10 18- 2005 At 10 :04 am. EASEMENTS 20.00 THIS INDENTURE WITNESSETH, that the MAX H. HODSON REVOCABLE TRUST, DATED DECEMBER 10, 1997 (hereinafter "Grantor hereby grants and conveys to the City of Carmel, Indiana, its successors and assigns (hereinafter "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 non exclusive 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 a sanitary sewer line through, upon, over, along, under and across the following described real estate: See Exhibit "A" attached hereto and made a part hereof. 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. The Grantor expressly reserves all right, title and interest in and to the real estate described not specifically granted to Grantee. 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 Tay 1 Q G IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement Agreement this 0-/'�!I day of e4/''lit 1 2005. MAX H. HODSON REVOCABLE TRUST, DATED DECEMBER 10, 1997 By: (Signature) Printed: Max H. Hodson, Trustee STATE OF -1 SS: COUNTY ORAIA4144QN Ste`772 f:e Before me, a Notary Public in and for said County and State, personally appeared 4 Ai5.62 "Grantor who acknowledged the execution of the foregoing "EASEMENT AGREEMENT" as his /her voluntary act and deed. Witness my hand and Notarial Seal this day of =A 2005. NOTARY PUBLIC My Commission Expires: 7--1 Printed Name VERNA M. GROFF i MY COMMISSION DO 130254 My County of Residence: EXPIRES Jury 22, 2006 ,qF F Bonded Thru Notary Public Underwriters This instrument prepared by Steven M. Hormann, 7901 Crawfordsville Road, Indianapolis, IN 46214. 7 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 this Agreement 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: mes Brainard in,g ficer Date: C/ sir Mary Ann :Mice, Member Date: 0 t Lori WatsSn, Me .9 r Date: /0/50 J c J Sandra M. Johnson, AT, ST: Deputy Clerk for /Diana Cordray, IAMC, f 1. rk- Treasurer Date: /0 /C This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032. [eb rnsword:z:\ shared \dhill \forms \easeform?.doc2 /23/05) 4 STATE OF INDIANA SS: COUNTY OF An Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me know to be the Mem ers of �n� ✓a Johr�S an. Fu ki of (-1 the City of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk Treasure of the City of Carmel who acknowledged the execution of the foregoing "Non Remonstration Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this day of C J 6-2✓ 200 -5 NOTARY PUBLIC C >I Printed Name My Commission Expires: 1 ///91 0 My County of Residence: /1 Date: 10// 05 J INDIANA J }y Exhibit SHEET 1 OF 2 December 2, 2004 PIC# 020350 -20200 Sanitary Sewer Easement Description Alexandria of Carmel A 20 foot wide strip of and being a part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 18 North, Range 3 East in Hamilton County, Indiana, and lying 10 feet on each side of the following described centerline: Commencing at the Northwest corner of the Southeast Quarter of said Section 26; thence along the West line of said Quarter Quarter section South 00 degrees 10 minutes 07 seconds East (bearing based upon deed bearing on said West line used in Instrument No. 95 -54504 as recorded in the Office of the Recorder of Hamilton County, Indiana) 413.09 feet to the Westerly extension of a proposed North Right of way line; thence along said Westerly extension of the North Right of way line and said North Right of way line North 88 degrees 47 minutes 49 seconds East 143.68 feet; thence North 01 degrees 12 minutes 11 seconds West 113.08 feet to the South line of land described in Instrument No. 97- 54710, recorded in said Recorder's Office and the Point of Beginning; thence continuing North 01 degrees 12 minutes 11 seconds West 117.60 feet and there terminate. The side lines of said 20 foot strip are extended or shortened to begin at said South line and terminate at right angles to the centerline terminus. 1L Exhibit "A" SHEET 2 OF 2 N.W. COR., S.E. 1/4, SEC. 26, T.18N., R.3E. COPPERWELD FOUND PER H.C.S. REF. TIES i N. LINE,' N.W. 1/4, S.E. 1/4, SEC. 131 ST STREET w �J p PROPOSED R/W FOR 131ST STREET .7 1 I v� m o N 5 I I o z POINT OF TERMINUS N rn I I I rn I N m Io I z z O g /r, z F s' O xi Z 1 1 p �3 I -o o_ I I Q, 17 z I 1 20.00' 4 o 1 I EASEMENT AREA t 4F' 1 cn 2352 SQ. FT. t 0 Q I 0.054 ACRES± Q N. ice; I I c+ I z N___ POINT OF BEGINNING I g I 1 CENTERLINE EDWARD ROSE DEVELOPMENT CO., LLC. w I INST. NO. 2003 097403 �coI I y NORTH R/W LINE i N :r7'49" E 143.68' lia NORTH R/W LINE _PROPOSED RIGHT OF WAY EXTENDED i I I I 1 1 0 100 200 SCALE: 1"=i00' TITLE: SANITARY SEWER EASEMENT EXHIBIT Date: ALEXANDIA OF CARMEL 12 -02 -04 SCALE: CITY OF CARMEL 1"=100' LEGAL TOWNSHIP: CLAY TWN. SECTION 26, PROJECT N0: COUNTY: HAMILTON CO. TWN. 18 NORTH, RNG. 3 EAST. 020350 20200 0 ARCHITECTURE 7 Y o CIVIL ENGINEERS L 7172 GRAHAM ROAD o LANDSCAPE ARCH LECTURE INDIANAPOLIS, INDIANA 46250 LAND PLANNING 317) 842 -6777 FAX (317) 841 -4798 o LAND SUPVE"T{}R:: ENVIRONMENTA, CJNSULTANTS E —Mail picripe ©icripe.com o TRANSPORT A."i0,w ENGINEERS 0 GIS