126th - Thornberry, Douglas/Karen 0° 200200033253
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
05 -06 -2002 08:22 am.
EASEMENTS 18.00
Prior Decd Reference: Inst. #1 92 1919S
EASEMENT AGREEMENT
APPROVED, AS TO
FORM BY:
THIS INDENTURE WITNESSETH, that J. Douglas and Karen L. Thornberry
(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, an exclusive easement "Easement that shall run with the land and which shall be
limited to the Grantee's right to construct, repair, operate, maintain, replace, relocate and remove
a public sidewalk or other public right of _way through, upon, under and across the following
described real estate:
See Exhibits "A" and "B" 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 Tax.
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IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
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Agreement this 5 day of OC.Ao\o-ee_
"GRANTOR"
40 6-71 -74- 2
J. Douglas Thornberry
Karen L. Thornberry U
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared J.
Douglas Thornberry and Karen L. Thornberry, "Grantor who acknowledged the execution of
the foregoing "EASEMENT AGREEMENT" as his /her voluntary act and deed.
Witness my hand and Notarial Seal this aS day of �A\---- 2000.
NOTARY PUBLIC F 5
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My Commission Expires:
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1D aC�Co Printed Name
My County of Residence: lice,,,.,, t a or•�
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel,
Indiana 46032.
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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
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es Brainard, Presiding Officer
ate:
Arry—d ,o....r .1_-_
Ma An urke Member
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Billy(alker eO
Date:
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Diana C ay;`I'AMC,46 Treasurer
Date: i °fit
This instrument prepared by Douglas C. Haney, Attorney at Law, One Civic Square, Carmel,
Indiana 46032.
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;c PRO31.CT NO. 00 -02 OWNER J. DOUGLAS Sc KAREN L. THORNBERRY DRAWN BY JAN 02 -21 -00
ROAD NO.: 126TH STREET INST. #92 -19198 DATED: 5 -20 -92 CHECKED BY TEN 02 -25 -00
COUNTY HAMILTON
ADDITION:' N/A SCALE 1" 50'
SECTION: 33
TOWNSHIP: 18N APPROXIMATE E
TAKING
RANGE: 4 EAST
This plot was prepared from information obtained
from the Recorder's office and from plans prepared
by CrossRood Engineers, P.C. dated 2 -7 -00 for
the City of Carmel (Project No. 00 -02) and was not
necessarily checked by a field survey.
LINE NE CORNER
NW NORTH 1/4 SEC. 33 NW 1/4, SEC. 33
T 18 N, R 4 E SCALE: 1 50' T 18 N, R 4 E
E. 126TH STREET
WEST 213.16'
I
1 100' I 18'
..AR. -HALf RIB -T T I- 1
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PROPOSED 21' P"*°`'°'' ,,,..k.4„,,31_, SOUTH LINE OF R t IJ
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EASEMENT PROPOSED EASEMENT I
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6 J. DOUGLAS KAREN L.
THORNBERRY
INST. #92 -19198
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PREPARED BY:
No. 29600021 ,w
STATE OF
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LEGAL DESCRIPTION
21' WIDE EASEMENT J. DOUGLAS KAREN L. THORNBERRY (INST. 92- 19198)
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, 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 100.00 feet on and along the north line of said section to a
point; thence south 295.16 feet parallel to the east line of section to an iron pin; thence east
100.00 feet parallel to the north line of said section to an iron pin; thence north 295.16 feet to the
place of beginning.
The lines of the easement shall be lengthened or shortened to intersect the east and west lines of
the property described in Inst. 92 -19198 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. 92-
19198 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. 00 -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.
C %Si
TRENT E. NEWPORT t'1 Cf N
R.L.S. 29600021 sl
DATED: March 3, 2000