Cricket Knoll - McCarthy, Thomas/Eynon, James 8165B
DECLARATION OF UTILITY EASEMENT
THOMAS P. McCARTHY and JAMES P. EYNON, as the owners of
certain property located in Hamilton County, Indiana (herein
the "Grantors hereby make the following declaration:
1. Subject Matter. Grantors are the owners of certain
property located in Hamilton County, Indiana as more
particularly described in the attached Exhibit A, which is
incorporated herein by reference (the "Easement Property
The purpose of this grant is to provide a utility easement for
the benefit of the City of Carmel, Indiana.
2. Grant of Utility Easement. Grantors hereby grant
and convey a thirty -five foot (35') common non exclusive
easement for utilities in, over and under the Easement Property
to serve the City of Carmel, Indiana. Such easement grant
shall include the right to enter onto the Easement Property to
construct, repair, maintain and operate sanitary sewer lines
and systems and other utilities to the extent necessary to keep
such utilities reasonably operational; provided, however, that
the Easement Property shall be restored immediately upon
completion of any construction, repair or maintenance to at
least as good a condition and appearance as exists immediately
prior to any such construction, repair or maintenance.
3. Maintenance of Easement Property. The Easement
Property will be maintained by the City of Carmel, and such
maintenance shall include all repairs and replacements
reasonably necessary for the uses contemplated herein.
4. Appurtenant. The easement contained herein shall be
binding upon and benefit the City of Carmel, Grantors and their
respective successors and assigns; and the covenants and grants
herein contained shall run with the land comprising the
Easement Property.
5. Modification. This Easement may be amended,
modified or terminated from time to time by a writing signed by
all the then owners of the Easement Property and no agreement
or consent of any other person shall be necessary for such
amendment, modification or termination; provided, however, that
in the event that a mortgage lien exists on the Easement
Property, consent of the mortgage lien holder shall be obtained
prior to amendment, modification or termination, which consent
may not be unreasonably withheld.
6. Warranty. The person or persons executing this
Declaration of Easement on behalf of Grantors and on behalf of
the City of Carmel hereby represent and warrant that they are
duly authorized to do so and that the execution of this
Declaration of Easement shall bind the Grantors, their
successors and assigns.
IN WITNESS WHEREOF, Grantors have executed this
Declaration of Easement this day of 6.1.wd' y 1986.
C 0 1,71/ CITY OF CARMEL, INDt A
T as P.j c arthy j
/10 011 7 .1"
B
Names P. "on A. Rei an, ayor
"GRANTORS" 'LGG
Fred Sw
ATTEST:
24
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STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public in and for said County and
State, personally appeared Thomas P. McCarthy, and acknowledged
the execution of the foregoing "Declaration of Easement" as his
voluntary act and deed.
WITNESS my hand and Notarial Seal this day
o f j
'ionda Dar len` Prank :l r."
(Printed Signature)
My Commission Expires: 7_ .x%'24%87`
My Commission Expires: My County of Residence: 7Haimi1:t th
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF /zN
Before me, a Notary Public in and for said County and
State, personally appeared James P. Eynon, and acknowledged the
execution of the foregoing "Declaration of Easement" as his
voluntary act and deed.
7 T. WITNESS my hand, nd Notarial Seal this l jj day
o 19js.
‘,414 a ';ir
otary Public
Ukii-xzew L. l.S.,w,v°)
(Printed Signature)
My Commission Expires:
My County of Residence:
This instrument prepared by James C. Carlino, Attorney at Law,
Bose McKinney Evans, 8900 Keystone Crossing, Suite 1101,
Indianapolis, Indiana 46240.
-3-
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EASEMENT DESCR1PTIQN 6r col se- %4
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an easement
35.0 feet wide by paral l e l I Ines off the entire West side of the fol lowing described real
estate:
A part of the Southeast Quarter of Section 30, Township 18 North, Range.4 East in Hamilton
County, Ind lane, more part icu I ar I y described as fo 1 1 ows:
Commencing at the Southeast corner of said Quarter Section; thence North 00 degrees 04
minutes 10 seconds East along the East I ine thereof 1320.00 feet; thence North 89 degrees
47 minutes 38 seconds West 496.51 feet to a found stone at the Southeast corner of a tract
of land conveyed to James A. Canull, Jr. and Nancy L. Canull (husband and wife) by
Warranty Deed as recorded in Book 278, page 373 In the Office of the Recorder of Hamilton
County, Indiana; thence North 00 degrees 05 minutes 01 seconds West along the East line of
said Canull tract 1288.52 feet to a point on the centerline of State Road /234, said point
lies North 89 degrees 26 minutes 10 seconds West along said centerline 62.00 feet from a
point which lies North 89 degrees 03 minutes 10 seconds West along said centerline 438.00
feet from the East •Iine of said Quarter Section; thence North 89 degrees 26 minutes 10
seconds West along said centerline 171.18 feet to the Place of Beginning; thence
continuing North 89 degrees 26. minutes 10 seconds West along said centerline 127.73 feet;
thence North 89 degrees 16 minutes 40 seconds West along said centerline 34.60 feet to b
point which lies North 00 degrees 04 minutes 10 seconds East parallel with the East line
of said Quarter Section 1293.08 feet from a found stone at the Southeast corner of a tract
of land conveyed to Virgil V. and Rachel Thornberry (husband and wife) by Warranty Deed as
recorded in Deed Record 137, page 73 in said Recorder's Off ice; thence South 00 degrees 04
minutes 10 seconds West along the East Iine of said Thornberry tract 46.17 feet to the
South right of way Iine of State Road /234; thence North 88 degrees 45 minutes 39 seconds
East along said South right of way line 16.38 feet; thence South 00 degrees 00 minutes 00
seconds 168.59 feet; thence North 90 degrees 00 minutes 00 seconds East 146.00 feet to a
point which bears South 00 degrees 00 minutes 00 seconds from the Place of beginning;
thence North 00 degrees 00 minutes 00 seconds 212.71 feet to the Place of Beginning,
containing 0.733 acres, more or Tess.
EXHIBIT A
Land Development Englneers/Lond Surveyors/Architects/Land Planners
I