11722 Bradford - Roehling, Raymond Instrument
9909918488
Prior deed
reference: 9709748235
DRAINAGE EASEMENT
The City of Carmel, Indiana, by and through its Board of Public Works and Safety (the
"City in consideration of the sum of One Dollar ($1.00), and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to
Raymond H. Roehling, 11722 Bradford Place, Carmel, Indiana 46032 "Roehling and his
successors and assigns, including the homeowner's association to be formed by or on behalf of
Roehling for the Brighton Woods Subdivision described hereinbelow (collectively, the "Grantee
a perpetual non exclusive easement (the "Drainage Easement and right to construct, operate,
maintain, repair, replace and remove a thirty -three (33) inch in circumference and approximately
1,300 feet in length reinforced concrete drainage pipe (the "Drainage Pipe for the transmission of
surface water from the Brighton Woods Subdivision under and across the following described real
estate situated in the County of Hamilton, State of Indiana, to -wit:
Part of the Southeast Quarter of Section 33, Township 18 North Range 4 East, in Clay
Township, Hamilton County, Indiana, being more particularly described as follows:
Commencing at the Southeast corner of said Quarter Section; thence North
00 degrees 15 minutes 27 seconds East (assumed bearing) along the East
line of said Quarter Section 1321.92 feet to the POINT OF BEGINNING of
this description; thence South 83 degrees 47 minutes 16 seconds West
118.59 feet; thence South 24 degrees 33 minutes 07 seconds West 850.93
feet; thence North 65 degrees 26 minutes 53 seconds West 30.00 feet;
thence North 24 degrees 33 minutes 07 seconds East 856.19 feet; thence
North 00 degrees 01 minutes 26 seconds West 434.40 feet; thence South
89 degrees 39 minutes 43 seconds East parallel with the North line of said
Quarter Section 30.00 feet; thence South 00 degrees 01 minutes 26
seconds East 420.76 feet; thence North 83 degrees 47 minutes 16 seconds
East 113.81 feet to a point on the aforesaid East line; thence South 00
degrees 15 minutes 27 seconds West along said East line 30.19 feet to the
place of beginning, containing 0.972 acres, more or Tess.
which Drainage Easement is also described and drawn to scale on Exhibit A, attached hereto and
made a part hereof by this reference (the "Easement Property The Easement Property is subject to
9909918488
Filed for Record in
all easements and right -of -ways of record. HAMILTON COUNTY, INDIAN
MARY L CLARK
On 0,3 26 -1999 At 02 :59 pm.
Jeb msword c usemcwsbnghwuwoods d« 7/IS/99J 1 EASEMENTS 21.00
It is the intent of this description to describe a thirty (30) foot wide strip of ground for the
Drainage Pipe which shall extend from the Brighton Woods Subdivision just north of 116` Street on
the east side of Hazel Dell Parkway in Carmel, Indiana, which Subdivision is more completely
described in attached Exhibit B, which is incorporated herein by this reference (the `Benefited
Property to an existing lake located on the northeast corner of 116`'' Street and Hazel Dell
Parkway in Carmel, Indiana, all of which is contained within the parcel conveyed by quitclaim deed
dated November 5, 1997, and recorded on November 7, 1997 as Instrument No. 9709748235 in the
Office of the Recorder for said County of Hamilton, State of Indiana.
Grantee shall be solely responsible for the installation, maintenance, repair and /or relocation
or replacement of the Drainage Pipe, at Grantee's sole cost and expense. The City shall have the
right to perform maintenance and repairs on or replace the Drainage Pipe, but shall have no
obligation to do so.
Any damages or injuries to the City caused by Grantee or his employees, agents or
contractors occasioned by the construction of the Drainage Pipe or subsequent acts of Grantee
regarding or relating to the Drainage Pipe shall be promptly repaired or paid for by Grantee upon
notice thereof from City.
Grantee covenants and agrees that no trees on the Easement Property will be removed
without prior notification to and consent by City and that Grantee will restore the Easement
Property as nearly as possible to its original condition, at Grantee's expense. City shall be entitled
to use the Easement Property in any manner that will not directly and materially interfere with the
use and operation of the Drainage Pipe.
fob msword c'tuemul s\brighronwoods doc 3i15 /99] 2
As further consideration for the granting of the Drainage Easement, Grantee covenants and
agrees that the sum of Fifty Dollars ($50.00) will be collected each year that the Drainage Easement
exists from each of the lot owners in the Brighton Woods Subdivision for whose residence a
certificate of occupancy has been issued, that Grantee will provide for such obligation in a
declaration or similar recorded document, and that Grantee, or his successor or assignee, will
forward to the City the lump sum of all payments collected as set forth above no later than February
28th of each such year, the first such payment being due and payable on or before February 28,
2000. In the event any such payment shall not be timely paid in full, the amount unpaid shall
constitute a lien against the Benefited Property until paid.
Grantee, or his successors or assigns, shall indemnify and save harmless the City, or its
assigns, from and against all liabilities, injuries, losses, claims, demands and costs asserted against
or incurred by City, including, but not limited to, reasonable attorney fees, as a result of any claim
by any other party arising out of or by reason of the installation, construction, operation and /or
maintenance of the Drainage Easement hereby granted or the Drainage Pipe located or to be located
thereon.
This instrument is the result of negotiations between the parties, and no party shall be
deemed to be the drafter of same. The language of all parts of this instrument shall be construed as
a whole, according to its fair meaning, and not strictly for or against either party. This instrument
may not be amended or modified except by a written agreement signed by both parties hereto or
their successors in interest.
f<b ms.ord c'''e•semcnss\brighronuoods do< 3/15/991 3
IN WITNESS WHEREOF, the City and the Grantee have executed this document this 2 4 day of
,1999.
GRANTOR: City of Carmel, Indiana
By and through its Board of Public
Wor and Safety gnature
j an e s 3 r c,/ n cio r A� r r
Printed Name and Title
STATE OF INDIANA
SS:
COUNTY OF M
Before me, a Notary Public in and for said County and State, personally appeared Mayor
James Brainard, by me known, and who acknowledged the execution of the foregoing
"DRAINAGE EASEMENT" on behalf of the City of Carmel, Indiana, by and through its Board of
Public Works and Safety.
Witness my hand and Notarial Seal this 17 of //7(ii'e'/ 19 97
NOTARY PUBLIC
My Commission Expires:
k/,e(Va
r L% C' Printed Name
My County of Residence: AF,y e
[ch msword c doc 3/IS/99� 4
GRANTEE:
Signature A o/
Printed Name and Title
STATE OF INDIANA
SS:
COUNTY OF AWL TOA)
Before me, a Notary Public in and for said County and State, personally appeared
f'S+`1+ Wt0n? 411,,,„ j(, by me known, and who acknowledged the execution of the foregoing
"DRAINAGE EASEMENT" as his /her voluntary act and deed.
Witness my hand and Notarial Seal this /6 Tay of a.4-e.1 197?'
i
NOT PUBLIC
My Commission Expires:
c 9. 2974Ic A'3Z- SS
LSo Printed Name
My County of Residence: 4/G 727()
This instrument was prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel,
Indiana 46032.
deb msord c' \cscmcnis'hnyhtonwoods doc 1/15/99 5
I 1 CONSUL11t1G ENGINEEIS JOi@
LAND SURVEYORS r �f�48
1642 fOleees 91 fees,. N ttroS
(311) f4 1-40-73-1617 rut (317) 140 -9042
tsua m4= Z--1111 2204161 31,7 -.0.i, £AI -300E
361919
30.00
t
Propessd 30' Drainage Easement �p
Part of the Southeast Quarter of Section 33. Tomnshp O
18 13
North, Range 4 feat in Cloy Toanddp, Hamilton County, S S
Indiana, being more partla4oriy doss: bed es follows 8
Commencing of the Southeast corner of said Quarter p eau
thence North 00 degrees 15 minutes 27 seconds
East (assumed bearing) along the East tine of sad Quarts I
Y R
Section 1321.92 feet to the PMT Of' lf1NMNO of this q
description: thence South 83 degrees 47 minutes 18 0. 972 ACRES±
Vent t 118.59 feat: thence South 24 degrees 33
minutes 07 seconds West 850.93 feet: thence North 65 AL
degrees 28 minutes 53 seconds Oast 30.00 feet: thence
North 24 degrees 33 minutes 07 seconds East 856.19 test:
thence North 00 degrees 01 minutes 26 escowds Wost
434.40 feet: thence South 89 degrees 39 minutes 43
seconds East pordld with the North iku of said Quarter
Section 30.00 feat: thence South 00 degrees 01 minutes
26 seconds East 420.76 feet: thence North 83
ft
gr aa
47 minutes 16 **condo East 113.81 feat to o point on the
aforesaid East limo thence South 00 degrees 15 minutes 27
seconds West along said East line 3419 feet to the pion of
beginning. containing 0.972 acres, more or less.
w
Ye1ooZ964130£ 4
li
October 21. 1998 yQr
Rev..lon. 7, 1929 of
4 k,/, i
b
E. ME SE. I"
scc.. 33-neo -0.a
SCALE 1" m 150' 0
LE. COL 5.1. 1/4
sOC 32 ne,
116th STREET
Exhibit A
Part of the Southeast Quarter of Section 33, part attic Southwest Quarter and part of the
Northwest Quarter of Section 34, all in Township 18 North, Range 4 East in Clay Township,
Hamilton County, Indiana being more particularly described as follows:
Commencing at the Southeast corner of said Southeast Quarter of Section 33; thence North 00
degrees 15 minutes 27 seconds East (assumed bearing) along the East line of said Southeast
Quarter 394.75 feet to the POINT OF BEGINNING of this description; thence continuing North
00 degrees 15 minutes 27 seconds East along said East line 1365.14 feet thence North 89
degrees 39 minutes 43 records West parallel with the North line of said Southeast Quarter
740.00 feet; thence North 00 degrees 15 minutes 27 seconds East parallel with the aforesaid East
line 31.37 feet to a point on the Southeast right- of-way of Hazel Dell Parkway as per City of
Carmel's Board of Public Works plans for Project No. 97-02; thence North 25 degrees 20
minutes 18 seconds East along said Southeast right -of -way line 942.54 feet to a point on the
aforesaid North line; thence South 89 degrees 39 minutes 43 seconds East along said North line
340.46 feet to the Northeast corner of said Southeast Quarter Section, said point also being the
Southwest corner of the Northwest Quartet of said Section 34 and the Northwest corner of the
Southwest Quarter of said Section 34; thence North 00 degrees 18 minutes 15 seconds East along
the West line of said Northwest Quarter 298.14 feet thence South 89 degrees 36 minutes 12
degrees Bast parallel with the South line of said Northwest Quarter 181.50 fed; thence South 00
degrees 18 minutes 15 seconds West parallel with the aforesaid West Iine 298.14 feet to a point
on the aforesaid South line of said Northwest Quarter, said point also being on the North line of
said Southwest Quarter, thence South 00 degrees 15 minutes 27 seconds West parallel with the
West line of said Southwest Quarter 2250.74 feet; thence North 89 degrees 36 minutes 12
seconds West parallel with the South line of said Southwest Quarter 181.50 feet to the place of
beginning, containing 21.747 acres, more or less subject to all legal highways easements, rights
of -way, and other restrictions of record.
This subdivision consists of 38 lots numbered 1 -38 (both inclusive). The size of lots and widths
of streets are shown in feet and decimal parts thereof.
Exhibit B
6
City of C.1 r
March 23, 1999
Raymond H. Roehling
11722 Bradford Place
Carmel, Indiana 46032
590 -7a VV
Re: Drainage Easement for Brighton Woods Subdivision
Dear Mr. Roehling:
This letter is to inform you that the Drainage Easement between you and the City of Carmel was
approved by the Carmel Board of Public Works and Safety on March 17, 1999. We are required
to file this document with the Hamilton County Recorder's Office. The fee for recording this
agreement is $24.00.
Please drop off or mail a check made payable to the Hamilton County Recorder to the
following address so we can complete the filing process:
Attn: Rebecca Martin
Clerk Treasurer's Office
One Civic Square
Carmel, Indiana 46032
The Clerk- Treasurer's Office is on the third floor of Carmel City Hall. If you have any questions
please call me at 571 -2413.
Sincerely,
Rebecca L. Martin,
Deputy Clerk
cc: file
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/ 571 -2400