126th - McCright, Douglas/Debbie 0 200300038228
n
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
04 -22 -2003 At 02:01 pm.
EASEMENTS 22.00
Prior Deed Reference: Inst. 99 -68512
APPROVED, AS TO
EASEMENT AGREEMENT FORM Bye
THIS INDENTURE WITNESSETH, that Douglas and Debbie McCright (hereinafter
"Grantor hereby grants and conveys 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, a perpetual
easement "Easement that shall run with the land and which shall be limited to the Grantee's
right to construct, repair, maintain, replace, relocate and remove a public sidewalk (the
"Sidewalk through, upon, under and across the following described real estate as shown on
Exhibits "A" and "B" attached hereto and made a part hereof by this reference, together with the
right to do all other lawful acts and things not inconsistent herewith and requisite or necessary for
the enjoyment of the Easement and Sidewalk.
The Grantor expressly reserves all right, title and interest in and to the real estate described
not specifically granted to Grantee.
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.
Grantee shall repair any damage to the Easement Property resulting from the entry of
Grantee or its agents to construct, repair, maintain, replace, relocate or remove the sidewalk
thereon and Grantee shall indemnify and hold Grantor harmless from and against any liability
z:\ eng \shared4roncbride\sidewalk &ccat \126th street sidewalk \mccrightgrantofeasement.doc 12/5/02] 1
(including reasonable attorney's and expert witness fees) with respect to personal injury, property
damage or third party claims resulting from the access provided herein for such purposes.
This Easement shall constitute the entire agreement between the parties, and any
understanding or representations of any kind preceding the date of this Easement and concerning
the subject matter of this Easement shall not be binding upon any party except to the extent
incorporated in this Easement.
Any modification of this Easement or additional obligation assumed by any party in
connection with this Easement shall be binding only if evidenced in writing, signed by each party.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
Agreement this c� +3 day of \sec P r. ba 2002.
"GRANTOR"
V\clo-ue
Dokilas McCright
'v(- C &t-l�� �v1
Debbie McCright
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Douglas
McCright and Debbie McCright, "Grantor who acknowledged the execution of the foregoing
"EASEMENT AGREEMENT" as his /her voluntary act and deed.
Witness my hand and Notarial Seal this 20th day of DQrP. M eA 2002.
NOTARY PUBLIC
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My Commission Expires:
L15 15 Li keoi,,A
05157005" Printed Name
My County of Residence: Fb9/4 3 04,
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel,
Indiana 46032.
O J
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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:
/4/7,-10#4
J es Brainard, Mayor 9—/6*
Date:
A L i
i
Mary Burke /i j
Date: 67 /f
7
Lori Watso•
D at yj/6 i
ATTE 77
i r� t DeZputy perk for
Diana °Cor lrai, k,4'i ._ler asurer'
Date:. D-
This instrume'n puA 'Dough C`'Haney, Attorney at Law, One Civic Square, Carmel,
Indian 460
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i
STATE OF INDIANA
SS:
COUNTY OF
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 Members f
j M ASono -bEPortp -0
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 1 'o day of 4pR IL.. i C�
e G Gt* t
NOTARY PUBLIC f
e 4n/A✓ CP .9 ✓4s
Printed Name
My Commission Expires:
/9/01' My County of Residence: /J4I //.22A)
Date: q//
RETURN TO:
Sandra M. Johnson
City of Carmel
1 Civic Square
Carmel Indiana 46032
l l� i7 1
PROJECT NO. 00 -02 OWNER DOUGLAS DEBBIE McCRIGHT DRAWN BY JAN 02 -21 -00
ROAD N. 126TH STREET INST. #99 -68512
COUNTY HAMILTON CHECKED BY TEN 02 -25 -00
ADDITION: N/A SCALE 1" 50'
SECTION: 33 REVISED: 8 -21 -00
TOWNSHIP: 18N (TRANSFER OF PROPER fr FR0l
AR THUR TO AIe CRI0,Ht)
FANGS: 4 EAST e/% APPROXIMATE T S
TAKING t Tills on is plot was prepared from inform d
obtained
from the Recorder's office and from plans prepared
by CrossRood Engineers, P C dated 2 -7 -00 for
the City of Carmel (Protect No 00 -02) and was not
necessarily checked by o field survey
SCALE 5)
NORTH LINE NE CORNER
NW 1/4, SEC. 33 NW 1/4, SEC. 33
T18N,R4E T18N,R4E
E. 126TH STREET
WEST 213.16'
100' WEST 195.16 �1 18
T APPAR. 16.5' HALF R W v r
14 J ,e I
PROPOSED 21' SOUTH LINE OF
EASEMENT PROPOSED EASEMENT
DOUGLAS DEBBIE
o McCRIGHT
INST. #99 -68512
E' N E y,
,,,,,s 0, c, S T ER 0 ,,o
PREPARED BY
No. 29600021
STATE OF
l A ND I AO Q,(-. `za f54::;Y
100 CR055H04.0
r E N GINjEERS! PAC
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c,-014,irtiA
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LEGAL DESCRIPTION
21' WIDE EASEMENT DOUGLAS DEBBIE McCRIGHT (INST. 99- 68512)
A strip of ground, 21.00 feet in width, being south of, parallel and adjacent to the apparent
southerly right -of -way line of 126 Street, said strip being a part of the following described
property
A part of the Northwest Quarter of Section 33, Township 18 North, Range 4 East, in Hamilton
County, Indiana, described as follows:
Begin 18 feet West of the Northwest Quarter of Section 33, Township 18 North, Range 4 East
and run thence West 295.16 feet; thence South 295.16 feet; thence East 295.16 feet; thence North
293 16 feet to the place of beginning, containing 2 acres, more or less.
EXCEPT: A part of the Northwest Quarter of Section 33, Township 18 North, Range 4 East,
described as follows:
Begin 213.16 feet West of the Northeast Corner of the Northwest Quarter of Section 33,
Township 18 North, Range 4 East; thence West 100 feet on and along the North line of said
Section to a point; thence South 295.16 feet parallel to the East line of said Section to an iron pin,
thence East 100 feet parallel to the North line of said Section to an iron pin; thence North 295.16
feet to the place of beginning, containing 0.68 acres, more or less.
The lines of the easement shall be lengthened or shortened to intersect the east and west lines of
the property described in Inst. 99 -68512 of the records on file in the Office of the Hamilton
County Recorder.
The intention of this description is to convey all that part of the parcel described in Inst. 99 -68512
lying south of the existing southerly right -of -way line of 126"' Street to the proposed south
easement line as shown on plans prepared by CrossRoad Engineers, P.C. for the City of Carmel
(Project No. D0 -02). No field work was performed to establish property lines; therefore, the
property described is subject to any gaps, overlaps or discrepancies that a field survey might
reveal.
TRENT E. NEWPORT
R.L S. 29600021
DATED: March 3, 2000
REVISED: August 21, 2000