96th - Young, Dan/Shirley - D&s Realty Company c,t 4 5 62)
0779S 8908890
12.29.88
DECLARATION OF EASEMENT
DAN E. YOUNG and SHIRLEY J. YOUNG, husband and wife,
jointly and severally (hereinafter referred to as "Young
D S REALTY COMPANY (hereinafter referred to as "D S" and
THE CITY OF CARMEL, INDIANA (hereinfter called "Grantee
hereby enter into the following agreement:
1. Subject Matter of Agreement. Young is the owner of
part of the real estate described in Exhibit A. D S is the
owner of the remaining part of the real estate described in
Exhibit A. The real estate described in Exhibit A shall
hereafter be referred to as the "Easement Property Young and
D S (hereinafter jointly referred to as "Grantors as the
owners of all the Easement Property, and Grantee desire to
create upon the terms and conditions provided herein an
easement on, over, through and dcross the Easement Property for
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the construction, installation and use of a sanitary sew
2. Easement Grant. For and in consideration of_ft
mutual covenants herein set forth and other, valuable -Y r-71
consideration, the receipt of which is hereby acknowlec ge' 2, 7 27 f
Grantors for themselves and their administrators, successor
and assigns do hereby grant and convey to the Grantee and its
successors and assigns a perpetual non-exclusive right -of -way
and easement on, over, across and through the Easement Property
with the right, privileges and authority to enter upon, dig,
lay, erect, construct, install, reconstruct, renew, operate,
maintain, patrol, replace, repair and continue a sewer line,
including but not limited thereto a Main, Sub -main, Local,
Lateral, outfall, force and interceptor sewer as part of the
Grantee city's system for the collection, carrying, treatment
and disposal of the waste, sewage, garbage, storm water and
3 1989
�t Recorded
Cherry,Reco
phis Instium�
Sharon K
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refuse of the Grantee city. The Grantee and its successors and
assigns shall have the right to enter along, over and upon the
Easement Property to repair, relocate, service and maintain
such sewers and to make such alterations and improvements in
the facilities thereof as may be necessary or useful and to
remove any obstructions from the sewers located thereon and to
build and maintain all necessary intakes, catch basins and
other devices incident to such sewers and shall have the right
of ingress and egress only over adjoining properties 'when
necessary and without doing damage to such adjoining properties
and only for temporary periods and shall not otherwise
interfere with the lands adjoining such easement. Grantee
shall, at its own cost and expense, repair and maintain the
sewers contained on the Easement Property which repair and
maintenance shall include all work reasonably necessary to keep
the sewers reasonably operational and such landscaping and
other work as is required to insure that the Easement Property
is restored to the extent practical to the condition as it
presently exists.
3. Rights of Grantors. This easement grant shall not
be deemed to prevent Grantors from using the Easement Property
for any other use which does not interfere with the sewer
easement granted herein, including, but not limited to, paving
over such easement for driveway and parking purposes. Further,
Young as the owner of the property described in Exhibit B
attached hereto and made a part hereof "Young's Property and
D S as the owner of the property described in Exhibit C
attached hereto and made a part hereof "D S' Property and
any subsequent owners of Young's Property or D S' Property,
shall have the option to connect or hook -up to the sewers
subject to approval by the Carmel Board of Public Works and
Safety and subject to all applicable ordinances.
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4. Easement Appurtenant. This agreement and the terms
and conditions hereof shall be appurtenant to, imposed upon and
apply to and run with the Easement Property which will be
binding upon and inure to the benefit of Grantors and Grantee
and their respective successors and assigns.
5. Covenant. Grantors hereby covenant that they are
the owners in fee simple of the Easement Property and that they
have all power and authority necessary and"proper to grant and
convey the easements granted herein.
IN WITNESS WHEREOF, Grantors caused this Declaration of
Easement to be executed this \Io' day of 1989.
Dan E. Youn
Shirley &J. (Young U
D S REALTY COMPAO
By AK
Dan E. You Geneyal artner
STATE OF INDIANA
SS:
COUNTY OF MARION
Before me, a Notary Public in and for said County and
State, personally appeared Dan E. Young and Shirley J. Young
and acknowledged the execution of the foregoing "Declaration of
Easement" as their voluntary act and deed.
WITNESS my hand and Notarial Seal this /E day
of .r 1989.
BUM. RICHARDSM
PUBLIC STATE O INDIANA
MARION COUNTY Notar Public w_
Md cc f;.;,.S,, p MAR 30. 992
(Printed Signature)
7'7,10 4
My Commission Expires:
My County of Residence: //'1 o
I cgigo -3-
P
I
STATE OF INDIANA
)SS:
COUNTY OF MARION
Before me, a Notary Public in and for said County and
State, personally appeared Dan E. Young, by me known and by me
known to be the General Partner of D S Realty Company, who
acknowledged the execution of the foregoing "Declaration of,..,
E on behalf of said D S Realty Company. ii,
r
Witness my hand and Notaria •ea this g day, .j
of IM/1-(Z-g.
l 198. iv
F r F,' i.� t =:.t'Ei G t y o ry Pub' is -A. r
2 r ;;fr R i iP.i: 3�1.9'S J t L 1 I C f4 `��'i'
(Printed Signature)
My Commission Expires: -3"' 0 `C
My County of Residence: /—*mil 0'r✓
ACCEPTANCE
The undersigned, being the members of the Carmel Board of
Public Works and Safety, hereby accept the foregoing
Declaration of Easement and agree to be bound thereby.
CARMEL BOARD OF PUBLIC WORKS
AND FETY
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keZ6...e' C/Ca
Attest: d „4, I kL 4161 AO
Clerk- Treasure/ Iv Aim c
r R
STATE OF INDIANA
COUNTY OF r C`j
Before me, a Notary Public in and for said, CO d�'''
State, personally appeared
and
by me known and by me known to be the members of the Carmel
Board of Public Works and Safety, who acknowledged the
execution of the foregoing "Acceptance" on behalf of said Board.
g 9 0 sqo 4
WITNESS my hand and Notarial Seal this day
of 1988.
Notary Public
(Printed Signature)
My Commission Expires:
My County of Residence:
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and
State, personally appeared by
me known and by me known to be the Clerk- Treasurer of Hamilton
County, who acknowledged the execution of the foregoing
"Acceptance" on behalf of said Board of Commissioners.
WITNESS my hand and Notarial Seal this day
of 1988.
Notary Public
(Printed Signature)
My Commission Expires:
My County of Residence:
CONSENT AND SUBORDINATION
JEFFERSON NATIONAL LIFE INSURANCE COMPANY "Jefferson
hereby consents to the above and foregoing Declaration of
Easement and agrees to be bound thereby to the extent of its
interest in and to the Easement Property and further agrees
that a certain Mortgage from Grantors to Jefferson dated
February 22, 1977 and recorded on February 23, 1977 in Mortgage
Record 336, Page 136 in the Office of the Recorder of Hamilton
S o.SY O -5-
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County, Indiana, shall be SUBJECT AND SUBORDINATE to the
Declaration of Easement.
I4 8�
EXECUTED this /s± of 19"..
i���
JEFFERSON NATIONAL LIFE
INSURANCE i.PANY
ATTEST:
Tula Mae Cross 'GofdThi L. Sims, Vice President
Assistant SPrratary,
STATE OF INDIANA
)SS:
COUNTY OF MARION
Before me, a Notary Public in and for said County and
State, personally appeared Gordon L. Sims and 7 /y m,,, sass
by me known and by me known to be the Vice
President and /25si-7 i ✓2 Serre respectively, of
Jefferson National Life Insurance Company, who acknowledged the
execution of the foregoing "Consent and Subordination" on
behalf of said corporation.
Witness my hand and Notarial Seal this 3 Z day s A.
of 0 r(7,",, 198,8'.
t
Notary Public
c>c (9
(Printed Signature)
My Commission Expires: f 3 /222.
My County of Residence: /1'7d,- ,o,cJ
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CONSENT'AND SUBORDINATION
THE INDIANA NATIONAL BANK "INB hereby consents to the
above and foregoing Declaration of Easement and agrees to be
bound thereby to the extent of its interest in and to the
Easement Property and further agrees that a certain Loan
Agreement, Mortgage and Security Agreement from Grantors to INB
dated November 1, 1982 and recorded on November 17, 1982 in
Mortgage Record 429, Pages 250 -326, assigned to The Indiana
National Bank, as Trustee under the Indenture of Trust by and
between City of Carmel, Indiana and The Indiana National Bank,
as Trustee, dated as of November 1, 1982 and recorded NOvember
17, 1982 in Mortgage Record 429, Pages 340 -407 in the Office of
the Recorder of Hamilton County, Indiana shall be SUBJECT AND
SUBORDINATE to the Declaration of Easement.
9
EXECUTED this
,Z day of (Z4,2C14 198%
THE INDIANA NATIONAL BANK T.t'u i EE
ATTEST: 4 5f4°2 r
By *.te/oziei 1EPR Y �oCE f H. Everitt
T �.Y Its VICE PRESIDENT TRUST OFFICER
ACSICT r.�_S;CaiT
TRUST OFFICER
STATE OF INDIANA
)SS:
COUNTY OF MARION
Before me, a Notary Public in and for said County and
State, personally appeared O T 6Ve2IIr and
-JEW KICK by me known and by me known to be
the Va KE5100Tcp TfZUST oroce and AS51STI1 JT Vice" e? SILL/ reu5T QFF /cee,
respectively, of The Indiana National Bank, who acknowledged
the execution of the foregoing "Consent and Subordination" on
behalf of said corporation.
g�1 W5C) -7-
Witness my hand and Notarial Seal this ,2 day
o f ifARc4 198W.
Ede
4 6 Notar Public
AMY L. STAUFFER, Notary Public
SEAL My Commission Expires June 9, 1991
(Printed Signature)MY Cuur�ty of Residence: Boone
INDI e
My Commission Expires:
My County of Residence:
This instrument prepared by George H. Abel, II, Attorney at
Law, Bose McKinney Evans, 8888 Keystone Crossing, Suite 1201,
Indianapolis, Indiana 46240.
q() ?,q
MSE 287 -151
8005R -3
L. Ferrell
12 -9 -87
(Blue)
SANITARY SEWER EASEMENT
DAN YOUNG HONDA
A part of the East Half of the Southeast Quarter of Section 7, Township
17 North, Range 4 East in Hamilton County, Indiana, more particularly
des ^ribed as
Commencing at the southwest corner of said Southeast Quarter; thence
South 89 57'00 East along the south line of said Southeast Quarter 437.00
feet; thence North 00 03'00 East 347.00 feet; thence South 89 °57'00° East
parallel wi said south line 232.02 feet; thence South 00 °05'30° West 10.00
feet to the Point of Beginning; thence South 89 57'00° East parallel with
said south line 50.00 feet; thence South 00 °05'30° West 20.00 feet; thence
North 89 57'00 West parallel with said south line 50.00 feet; thence North
00 05'30 East 20.00 feet to the Point of Beginning, containing 0.02 acres,
more or less.
1- 2 6 i
MSE 287 -151
8005R -4
L. Ferrell
12 -9 -87
(Green)
SANITARY SEWER EASEMENT
DAN YOUNG HONDA
A part of the East Half of the Southeast Quarter of Section 7, Township
17 North, Range 4 East in Hamilton County, Indiana, more particularly
described as follows:
Commencing at the southwest corner of said Southeast Quarter; thence
South 89 °57'00 East along the south line of said Southeast Quarter 437.00
feet; thence North 00 °03'00° East 217.00 feet to the Point of Beginning;
thence continuing North 00 °03'00° East 120.00 feet; thence South 89 °57'00
East parallel with said south line 232.21 feet; thence South 00 °05'30° West
20.00 feet; thence North 89 °57'00° West parallel with said south line 222.20
feet; thence South 00 °03'00 West 100.00 feet; thence North 89 °57'00° West
parallel with said south line 10.00 feet to the Point of Beginning,
containing 0.13 acres, more or less.
EINSO
IlSE 287 -151
8005R -2
L. Ferrell
12 -9 -87
(Pink)
SANITARY SEWER EASEMENT
DAN YOUNG HONDA
A part of the East Half of the Southeast Quarter of Section 7, Township
17 North, Range 4 East in Hamilton County, Indiana, more particularly
described as follows:
Commencing at the southwest corner of said Southeast Quarter; thence
South 89 °57'00° East along the south line of said Southeast Quarter 437.00
feet; thence North 00 °03'00° East 242.00 feet to the Point of Beginning;
thence continuing North 00 °03'00° East 95.00 feet; thence North 89 °57'00'
West parallel with said south line 10.00 feet; thence South 00 °03'00° West
95.00 feet; thence South 89 °57'00° East 10.00 feet parallel with said south
line to the Point of Beginning, containing 0.02 acres, more or less.
a
This Instrument Recorded
Sharon K. Cherr Rao rder,Hamilton 198
CountIN
Extielt
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