HomeMy WebLinkAboutSANITARY SEWER EASEMENT WITH S-L SNACKS, INC (KRUNCHERS) 4 f T
i)ULY ENTERED FOP,,TAXATION
AFPsUBJEC FTO FINAL ACCEOR TRANSFER PTANCE
4;U i; J 201615512 DEEDS $22.00
08/18/2016 03:35:45P 4 PGS
Zachary Payne
Rucikzr,CtarkCounty Clark County Recorder IN
Recorded as Presented
Key No.: Part of 10-21-00-800-281.000-010(021-42-0350) 1I11111111111111111111p111111111111111111111111111111111111111110111111111
DEED OF PUBLIC DEDICATION
THIS INDENTURE WITNESSETH, that S-L Snacks IN, LLC, a North Carolina limited liability company,
successor by conversion of Krunchers,Inc.,formerly known as Jay's Acquisition,Inc.,having a principal office in Charlotte,
North Carolina,as Grantor,for no consideration,
CONVEYS,QUITCLAIMS AND DEDICATES
unto The City of Jeffersonville, an Indiana Body Politic, its successors and assigns, as Grantee, that certain real property
located in Clark County,Indiana,to wit:
Being a part of Survey Number 8 of the Illinois Grant, Clark County, Indiana and being a part of a tract
of land conveyed to Jay's Acquisition,Inc., by Instrument 200800583 and thereafter conveyed to Grantor
by Instrument No. 201303925,being further described as follows:
Commencing at the north corner of Survey Number 8; thence along the line dividing Survey Numbers 8
and 9, South 34 degrees 41 minutes 26 seconds East, 2382.90 feet to the centerline of Hamburg Pike;
thence with said centerline, South 37 degrees 54 minutes 28 seconds West, 281.40 feet;thence South 17
degrees 13 minutes 05 seconds East, 36.45 feet to the northeasterly corner of said Jay's Acquisition tract,
the True Point of Beginning;
Thence along the northeasterly line of said tract, South 17 degrees 33 minutes 14 seconds East, 1070.77
feet; thence South 71 degrees 17 minutes 35 seconds West, 60.00 feet to an iron pipe at a corner of said
tract; thence along a southwesterly line of said tract, North 17 degrees 33 minutes 14 seconds West,
1007.05 feet to a steel pin on the southerly right-of-way of Hamburg Pike; thence along said right-of-
way, North 23 degrees 16 minutes 14 seconds East, 76.83 feet; thence continuing along said right-of-
way,North 37 degrees 39 minutes 36 seconds East, 11.90 feet to the True Point of Beginning. The above
described tract contains 1.434 acres.
See property being shown in the diagram attached hereto as Exhibit"A" which is incorporated herein by
this reference.
This conveyance is made subject to all applicable easements,rights-of-way,restrictions and agreements of record.
The undersigned person executing this deed represents and certifies on behalf of the Grantor,that the undersigned is
a duly authorized\/1 1 C itg t C6 n tf the Grantor and is fully empowered by the Grantor, to execute and deliver this
deed;that the Grantor is a limited liability company in good standing in the State of North Carolina;that the Grantor has full
1
��
capacity to convey the real estate described; and that all necessary corporate action for the making of this conveyance has
been duly taken.
`I142
IN WITNESS WHEREOF,the Grantor has caused this deed to be executed this Pday of August,2016.
S-L SNACKS IN, LLC, a North Carolina limited liability
company
By:
Printed: oil i&k(un
Title: 1/i�L I�ic s i Cl e,rt-t•
CITY OJJR ONVILL
By:
Name: `
Title: 117,hne
APPROVED A EPTED BY THE CITY OF JEFFERSONVILLE
SANITARY SE B ARD
By: _
Name:
Title: A. r
v
STATE OF NORTH CAROLINA
COUNTY OF NIeCK(f�bu►'�
BEFORE ME, the undersigned, a Notary Public, in and for the above-named County and State, this day of
August 2016, personally appeared Macgap -t—F.al Wl' n ej as V1 C✓_ PM t- of S-L Snacks IN,
LLC, a North Carolina limited liability company, and acknowledged the execution of the foregoing Deed of Public
Dedication on behalf of said company, and who, having been duly sworn, stated that the representations therein contained
are true.
WITNESS my hand and notarial seal. fI
1
My Commission expires: Ntary Public
91 14/_9JU 1 oa G�QagTAL pqQ Printed Name
IAOTA R Resident of lVl l(j i ( unty
MY
com
n 9,
ti
PUBLic
G2
hnnRim O�
STATE OF INDIANA
COUNTY OF CLARK
BEFORE ME, the undersigned, a Notary Public, in and for the above-named County and State, this 7 day of
June 2016, personally appeared /y?,,�k o,re as�11"o , as 1P�4j j'el t 1
t,�/ of The City of
Jeffersonville, an Indiana Body Politic, and as h't e- o r- of The City of Jeffersonville Sanitary Sewer
Board,and acknowledged the execution of the foregoing Deed of Public Dedication on behalf of said City.
UFAHMN
WITNESS my hand and notarial seal. "Pd*
tititi�, �cao,�y
My Commission expires: NotaryPubisnb.rn'�me
Linda Pu M,)n
IJ � Printed Name
Resident of C I a r K County
I affirm, under the penalties for perjury,that I have taken reasonable care
to redact each Social Security number in this document,
unless required by law,and that this instrument was prepared by:
Alan M.Applegate
APPLEGATE FIFER PULLIAM
P. O.Box 1418
Jeffersonville, Indiana 47131-1418
(81.2) 284-9499
Grantee's Mailing Address:
500 Quartermaster Court
Jeffersonville, IN 47130
Send Tax Statements to:
500 Quartermaster Court
Jeffersonville,IN 47130
2366-001/262705
3
Exhibit A — Drawing of Dedicated Property
N
l► X19
C SUF�
1 COMMENCING POINT NG
N. COR. SURVEY /8 N
RAILROAD SPINE N l
NORTH AND ALL BEARINGS SHOWN HEREON N:111195G
E303578.17.17
ARE BASED ON NAD 1983, INDIANA FAST o rn LQZONE, STATE PLANE COORDINATES (DERIVED m
FROM RTK GPS USING PRECISION PRODUCTS
INC., LOUISVILLE, KY BASE) Co
0' 150' 300' T' 2k0
SCALE. 1"=150'
N 37'39'36" E S I T 13'05"E
11.90
36.45'
N 23'16"14"£ WS�200624617
76.83'
FOUND PIN
ELI DEVELOPMENT Co.
N:1109659.07
E:304732.66 INST. 200121046
U
1,� S
W INSTK 200111 1,JOB
NOTES ��ll
1, THIS EXHIBIT DOES NOT REPRESENT A BOUNDARY SURVEY
AND SHOULD NOT BE RELIED UPON AS SUCH. INFORMATION
SHOWN HEREON REPRESENTING BEARINGS AND DISTANCES IS o��n
BASED ON A LIMITED FIELD SURVEY AND DEED INFORMATION
2. NEITHER ABSTRACT OF TITLE NOR TITLE COMMITMENT WAS $�o
PROVIDED TO JACOSI, TOOMBS AND LANZ, INC. FOR THE
PREPARATION OF THIS EXHIBIT PLAT. A TITLE COMMM.4ENT 3 u
MAY REVEAL EASEMENTS, ENCUMBRANCES. RESTRICTIONS OR
RIGHTS OF OTHERS NOT SHOWN HEREON, THAT MAY AFFECT *�w
I -HE QUALITY OF TTTLE OR DEVELOPMENT OF THIS TRACT. N
INST, 200128817
h � � t
WILLOW TRACE APARTMENTS
P. 12, PC. 74
W
U LOT 11
Q
LOT 12
JAMES A.HACK ROSELAWM SUB
RITA J. HACK P.B. 8,PC. 103
INST. 2DO233110 LOT 13
S 71'17'35" w-
60.00'
FOUND PIPE LOT 14
N:1108698.92
tN E:305036.39
MARTHA HAGER
JAYS ACQUISITION INC. O.D. 28, INST. 16881
f INST. 200800523
1.434 ACRE FEE TRACT- PART OF THE LANDS OF JACOBI, TOOiBS k LANZ, INC. • EXHIBFT
JAYS ACQUISITION, INC., INST. 200800583 CONSULTING ENCINSBR3
BEING A PART OF SURVEY 08 OF THE IUJNOIS GRANT120 HELL AVSNUB ri
CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA CLARKSVIIJE'(8812) 212)2d 4712988-6848 1!-J(
SJJ£• 1•. 150' I DATE. 5-5-2010 DRAWN: S.Lu. CHECKEO� RAG. A�PRWEO: SJJ4. Joe No.08116
s:�EPzooz�P,ol.�,.�oa n s�E„m�D6n e-J.ya�cGwsmon-l...a.y
t
201615513 EASCR $17.00
08/18/2016 03:35:45P 4 PGS
Zachary Payne
Clark County Recorder IN
Recorded as Presented
VIII I I II I l l 111 lilll 111 l 11111 liil)II I!VIII I III VIII VIII IIII illl
SANITARY SEWER EASEMENT
WHEREAS, S-L Snacks IN, LLC, a North Carolina limited liability company successor by
conversion of Krunchers, Inc., formerly known as Jay's Acquisition, Inc., having a principal office in
Charlotte,North Carolina(hereinafter referred to, whether one or more,as"GRANTOR"),is the owner of
that certain real property situated in Clark County, Indiana, as more particularly described in a deed filed
of record as Instrument No. 201303925 in the office of the Recorder of Clark County, Indiana (the
"Property"): and
WHEREAS, in connection with the installation and construction of certain sanitary sewer and
storm water drainage improvements serving real property and improvements adjacent to the Property,
GRANTOR wishes to convey to the City of Jeffersonville, Indiana, by and through its sanitary sewer
board, its successors and assigns (hereinafter referred to, whether one or more, as "GRANTEE"), a
certain sanitary sewer easement more particularly described herein.
NOW THEREFORE, THIS INDENTURE WITNESSETH that, for and in consideration of the
sum of Ten Dollars ($10.00), the terms of that certain Memorandum of Agreement dated December 22,
2010, by and between GRANTOR and GRANTEE, and other good and valuable considerations,
GRANTOR does hereby grant, transfer, convey, and warrant to GRANTEE, a permanent and perpetual
sanitary sewer easement, as more particularly described below, with the rights, privilege, and authority to
enter upon, dig, construct, install, erect, reconstruct, renew and lay, and thereafter to use, operate,
maintain,inspect,repair,remove,replace and continue sanitary sewer improvements and associated sewer
utilities over, across, under, and through that certain portion of GRANTOR'S property more particularly
described as follows:
Being a part of a tract of land conveyed to Jay's Acquisition, Inc., by Instrument No. 200800583
and thereafter conveyed to GRANTOR by Instrument No. 201303925, being further described as
follows:
Commencing at the north corner of Survey No. 8; thence along the line dividing Survey Nos. 8
and 9, South 34 deg. 41' 26" East, 2382.90 feet to the centerline of Hamburg Pike; thence with
said centerline, South 37 deg. 54' 28" West, 281.40 feet; thence South 17 deg. 13' 05" East,
36.45 feet; thence South 17 deg. 33' 14" East, 1070.77 feet to the true point of beginning; thence
along the perimeter of Jay's Acquisition,Inc.,tract for the next seven courses:
1. South 17 deg. 33' 14"East,520.37 feet;
2. South 38 deg.21' 49"East, 196.61 feet;
3. South 76 deg. 12' 47"West, 70.00 feet;
4. South 17 deg.33' 14"East,57.38 feet;
5. 193.94 feet along a curve to the right with a radius of 7670.29 feet and having a
chord which bears South 16 deg.43' 43"East, 193.93 feet;
6. South 73 deg.31' 26"West,60.00 feet;
7. 126.38 feet along a curve to the left with a radius of 7610.29 feet and having a
chord which bears North 16 deg.28' 31"West, 126.37 feet;
thence North 77 deg. 06' 40" East, 36.20 feet; thence North 12 deg. 51' 59" West, 84.73 feet;
thence South 77 deg. 2 P 23"West,42.75 feet; thence North 17 deg. 33' 14"West,736.99 feet to
a corner of said Jay's Acquisition tract; thence North 71 deg. 17' 35" East, 60.00 feet to the true
point of beginning,containing 1.375 acres.
See easement being shown in the diagram attached hereto as Exhibit "A" which is
incorporated herein by this reference.
GRANTEE shall have the right to enter along, over and upon said easement to install, construct,
repair, relocate, service and maintain all such sanitary sewer, storm water drainage and associated sewer
improvements at will. Notwithstanding the foregoing, GRANTOR shall retain its right to the free and
uninterrupted use of the surface of the real property comprising the easement provided same does not
interfere with the rights of GRANTEE conveyed herein. GRANTEE shall have the right of ingress and
egress only over adjoining premises and lands when necessary and without doing damage to such
adjoining lands, and only for temporary periods, and shall not otherwise enter upon lands adjoining said
easement. GRANTEE shall indemnify and hold GRANTOR harmless from any and all damages, cost,
claims,or demands of or from third parties resulting from the foregoing.
IN WITNESS WHEREOF, the GRANTOR has executed this instrument this �? day of
August, 2016.
S-L SNACKS IN,LLC,a North Carolina limited liability
company
By: ;'
Printed: ✓ Giq a rt Ind'kC:-4/-L ri cC
Title: Vt GC vz'-S1 CQn+
STATE OF NORTH CAROLINA
COUNTY OF Me-e,91<nb arq
Before me, the undersigned, ,a Notary Public in and for said County and State, personally
appeared Mit tet" IFE,Inf l Ccr1 C1 ,as V t rl-S L' of S-L Snacks IN,
LLC, a North Cafolina limited liability company, and acknowledged the execution of the foregoing Deed
of Easement for and on behalf of said company.
WITNESS my hand and Notarial Seal this day of August 2016.
My Commission expires:
Notary Public
bvl st a-k
�a��uunenrNp� Printed Name
tAL p-4��sy Resident of W01luA10U County
NOTAJ?y sS
MY $
Cr"" I EVIR I affirm,under the penalties for perjury,that I have taken reasonable care
/ to redact each Social Security number in this document,
'k, UBLIG ��� unless required by law,and that this instrument was prepared by.
QMUR
"16411111tiffi"` This instrument prepared by:
Alan M. Applegate
APPLEGATE FIFER PULLIAM,LLC
P.O.Box 1418
Jeffersonville,Indiana 47131-1418
2366-001/262710
Exhibit A — Diagram of Sanitary Sewer Easement
P9
N NORTH AND ALL BEARINGS SHOWN HEREON SO
ARE BASED ON NAD 1983, INDIANA EAST
ZONE, STATE PLANE COORDINATES (DERIVED I,
COMMENCING
FROM RTX GPS USING PRECISION PRODUCTS N.
COR. SUR POINT w G
N. COR. SURVEY 6
INC., LOUISVILLE KY RASE).
RAILROAD SPIK N u
N:1111955.23 G N s
E:303576.17 o rn
rp
NOTES rye
I. THIS EXHIBIT DOES NOT REPRESENT A BOUNDARY SURVEY ST hA AD
AND SHOULD NOT BE RELIED UPON AS SUCH. INFORMATION
SHOWN HEREON REPRESENTING BEARINGS AND DISTANCES IS
BASED ON A LIMITED FIELD SURVEY AND DEED INFORMATION. Kkk9 URG PIKE
2. NEITHER ABSTRACT OF TITLE NOR TITLE COMMITMENT WAS
PROVIDED TO k4COBI, TOOMBS AND LANZ. INC. FOR THE
PREPARATION OF THIS EXHIBIT PIAT. A TITLE COMMIMENT 36.45'
MAY REVEAL EASEMENTS, ENCUMBRANCES, RESTRICTIONS OR ��
RIGHTS OF OTHERS NOT SHOWN HEREON, THAT MAY AFFECT ti
THE QUALITY OF TITLE OR DEVELOPMENT OF THIS TRACT.' '
SUB
JAMESJK MAC
INST. 200233110 y� 1n LOT 13 'nm BSB, PWG. 103
a
/ L7 TRUE POINT OF BEGINNING
FOUND PIPE J LOT 14
N:1108698.92
E305036.39 MARTHA HALER
D.D. 28, INST. 16881
i
1, GRANVIL SARLES
VAR. WIDTH SANITARY SEWER NST 200815872
DRAINAc'� & U11UTY EASEMENT
(1.375 ACRES)
/W
JAYS ACWSIT)ON INC
h 1 W
N
� y
'I HUGHES DEVELOPMENT, LLC.
INST. 200322408
z
I �
}
I
0' 150' 300' t t
L6 �
SCALE.• 1"=150' FOUND PIN
VACATED RIGHT-OF-WAY N:11 D8067.87
INST. 200603052 E305372.20
LINE TABLE
UNE BEARING DISTANCE L4 U.S.A.
Lt 5 7572'47" W 70.00' V
L2 S 17'3314 E 57.38 cri
C3 S 73'31 26' W 60.00'
74 N 7TO6 40 E 36.20'
L5 N 12'51'59" W 84.73' L3
L6 S 77'21'23" W 42.75' 3s CITY
N 71'77'35' E 60.00 i ,EFFERSOOF
NylLLE
D.D. 24, INST. 1325
CURVE TABLE
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING
C1 7670.29' 193.94' 193.93' S 1543'43 E
C2 7610.28 t 2fi.38 126..937j* N 1528 31 W
VAR. WIDTH SANITARY SEWER, DRAINAGE& UTIUTY ESMT. JACOBI. TOOMBS & LANZ, INC. • EXHIBIT
ACROSS THE LANDS OF JAYS ACQUISITION, BAC. CONSULTING ENGINrim
BUNG A PART OF SURVEY #8 OF THE ILLINOIS GRANT120 BELL AVENUEWDLT�
CITY OF JEFFERSONVSLLE LARK COUNTY, INDIANA �' A 47129 B
(6812)12) 28884
-88
SCALE: 1'. 150' 1 OAT. 5-5-2010 1 DRAWN: SI-M. CHECKED: R.A.G. APPROVED: S.LM. I JOB No.08116
s:�Erzoo2�Prop�e,�o61,a�E,mt�o6116�IvyeAcqufslUon-amc.d.q
Key No.: Part of 10-21-00-800-281.000-010(021-42-0350)
DEED OF PUBLIC DEDICATION
THIS INDENTURE WITNESSETH, that S-L Snacks IN, LLC, a North Carolina limited liability company,
successor by conversion of Krunchers,Inc.,formerly known as Jay's Acquisition, Inc.,having a principal office in Charlotte,
North Carolina,as Grantor,for no consideration,
CONVEYS, QUITCLAIMS AND DEDICATES
unto The City of Jeffersonville, an Indiana Body Politic, its successors and assigns, as Grantee, that certain real property
located in Clark County,Indiana,to wit:
Being a part of Survey Number 8 of the Illinois Grant, Clark County, Indiana and being a part of a tract
of land conveyed to Jay's Acquisition, Inc., by Instrument 200800583 and thereafter conveyed to Grantor
by Instrument No. 201303925, being further described as follows:
Commencing at the north corner of Survey Number 8; thence along the line dividing Survey Numbers 8
and 9, South 34 degrees 41 minutes 26 seconds East, 2382.90 feet to the centerline of Hamburg Pike;
thence with said centerline, South 37 degrees 54 minutes 28 seconds West, 281.40 feet; thence South 17
degrees 13 minutes 05 seconds East, 36.45 feet to the northeasterly corner of said Jay's Acquisition tract,
the True Point of Beginning;
Thence along the northeasterly line of said tract, South 17 degrees 33 minutes 14 seconds East, 1070.77
feet; thence South 71 degrees 17 minutes 35 seconds West, 60.00 feet to an iron pipe at a corner of said
tract; thence along a southwesterly line of said tract, North 17 degrees 33 minutes 14 seconds West,
1007.05 feet to a steel pin on the southerly right-of-way of Hamburg Pike; thence along said right-of-
way, North 23 degrees 16 minutes 14 seconds East, 76.83 feet; thence continuing along said right-of-
way, North 37 degrees 39 minutes 36 seconds East, 11.90 feet to the True Point of Beginning. The above
described tract contains 1.434 acres.
See property being shown in the diagram attached hereto as Exhibit "A" which is incorporated herein by
this reference.
This conveyance is made subject to all applicable easements,rights-of-way,restrictions and agreements of record.
The undersigned person executing this deed represents and certifies on behalf of the Grantor,that the undersigned is
a duly authorized V I r rtS(C( tf the Grantor and is fully empowered by the Grantor, to execute and deliver this
deed; that the Grantor is a limited liability company in good standing in the State of North Carolina;that the Grantor has full
1
capacity to convey the real estate described; and that all necessary corporate action for the making of this conveyance has
been duly taken.
IN WITNESS WHEREOF,the Grantor has caused this deed to be executed this_ day of August, 2016.
S-L SNACKS IN, LLC, a North Carolina limited liability
company
By: = �_
Printed: r
OL9 q i t v1
Title: C'- -Kc S i
CITY OfJR ILL
By:
Name: Vh 61
Title: 40
APPROVED A A EPTED B THE CITY OF JEFFERSONVILLE
SANITARY SE B ARD
By:
Name:
Title:
STATE OF NORTH CAROLINA
COUNTY OF Medw(Gvtb\JV1
BEFORE ME, the undersigned, a Notary Public, in and for the above-named County and State, this "/ day of
August 2016, personally appeared wACLrOCAt 5.Ydf ' ( as V!LC Prt L i CI e,n t of S-L Snacks IN,
LLC, a North Carolina limited liabilit company, and acknowledged the execution of the foregoing Deed of Public
Dedication on behalf of said company, and who, having been duly sworn, stated that the representations therein contained
are true.
WITNESS my hand and notarial seal.
My Commission expires: N tary Public
�Nuina , �y'(S-Rt_I 0L fi
j4 f �STAL p'Myr, - Q
�.j.P '9C'% Printed Name
G NOTAIgy Resident of QVh'd aunty
MY
� aCOMM�`
. F,yevRG C
ui1OQ 2
uu� nnau��
STATE OF INDIANA
COUNTY OF CLARK
BEFORE ME, the undersigned, a Notary Public, in and for the above-named County and State, this day of
June 2016, personally appeared as of The City of
Jeffersonville, an Indiana Body Politic, and as of The City of Jeffersonville Sanitary Sewer
Board,and acknowledged the execution of the foregoing Deed of Public Dedication on behalf of said City.
WITNESS my hand and notarial seal.
My Commission expires: Notary Public
Printed Name
Resident of County
I affirm,under the penalties for perjury, that I have taken reasonable care
to redact each Social Security number in this document,
unless required by law, and that this instrument was prepared by:
Alan M. Applegate
APPLEGATE FIFER PULLIAM
P. O. Box 1418
Jeffersonville, Indiana 47131-1418
(812) 284-9499
Grantee's Mailing Address:
500 Quartermaster Court
Jeffersonville, IN 47130
Send Tax Statements to:
500 Quartermaster Court
Jeffersonville,IN 47130
2366-001/262705
3
Exhibit A — Drawing of Dedicated Property
N
X19
S COMMENCING POINT NG
N. CoR, SURVEY iI8 N }
RAILROAD SPIKE �
NORTH AND ALL BEARINGS SHOWN HEREON N:1111955.23 G
E:30357617 r' w
ARE BASED ON NAD 1983, INOW .
NA EAST r. o m
ZONE, STATE PLANE COORDINATES (DERIVED
FROM RTK CPS USING PRECISION PRODUCTSm m
INC., LOUISVILLE, KY BASE),
0' 150' 300' 2tA
SCALE., r 150'
N 37'39 36"f S 17'13'05'E
11.90' 36.45'
N 23'16'14"E INST22 0624617
76.83'
FOUND PIN ELINE DEVELOPMENT Co.
N:1109659.07
E:304732.66 INST. 200121046
V
LLJ IJ 200N308
Lt,
NOTES
I. THIS EXHIBIT DOES NOT REPRESENT A BOUNDARY SURVEY
AND SHOULD NOT BE RELIED UPON AS SUCH. INFORMATION
SHOWN HEREON REPRESENTING BEARINGS AND DISTANCES IS p�^
BASED ON A LIMITED FIELD SURVEY AND DEED INFORMATION, of q
2, NEITHER ABSTRACT OF TITLE NOR TITLE COMMITMENT WAS opo
PROVIDED TO 4ACOB1, TOOMBS AND LANZ, INC. FOR THE
PREPARATION OF THIS EXHIBIT PLAT. A TITLE COMMITMENT 3iW
MAY REVEAL EASEMENTS, ENCUMBRANCES, RESTRICTIONS OR
RIGHTS OF OTHERS NOT SHOWN HEREON, THAT MAY AFFECT
THE QUALITY OF TITLE OR DEVELOPMENT OF THIS TRACT.
O'HARA
t INST. 200128817
1flLLOWTRACE APARTMENTS
P.B. 12, PG. 74
Lt1
QLOT 11
LOT 12
ROSELAWN SUB
JAMES A,HACK ^ P.S. 6,PG: 103
INST. 200233110 LOT 13
S 71'1735"w-
60.00
FOUND PIPE LOT 14.
N:1108698.92
E:305036.39
MARINA HAGER
JAYS ACQUISITION INC, O.D. 28, INST. 16881
INST. 20080053
1.434 ACRE FEE TRACT - PART OF THE LANDS OF JACOBI, TOOMBS k LANZ, INC. . EXHIBIT
JAYS ACQUISITION, INC., INST. 200800583 CONSULTING ENGINEERS
BEING A PART OFINDIANA ENRIE
SURVEY OF THE ILLINOIS GRANT E. BELL A 47129
CITY OF
JEFFERSONVILLE, CLARK COUNTY, INDIANA INDIANA
(812) 288-8848_6646
SCALE 1' 150' DATE: 5-5-2010DRAWN; SLM. CHECKED: RAG. APPROVED: S.L.IA: JOB No. 06116
s:\Eazooz�arol.or:�De 1�s�Eemc�o611 e-JoytAcgw5f6on—n..ary
SANITARY SEWER EASEMENT
WHEREAS, S-L Snacks IN, LLC, a North Carolina limited liability company successor by
conversion of Krunchers, Inc., formerly known as Jay's Acquisition, Inc., having a principal office in
Charlotte,North Carolina(hereinafter referred to, whether one or more,as "GRANTOR"), is the owner of
that certain real property situated in Clark County, Indiana, as more particularly described in a deed filed
of record as Instrument No. 201303925 in the office of the Recorder of Clark County, Indiana (the
"Property"): and
WHEREAS, in connection with the installation and construction of certain sanitary sewer and
storm water drainage improvements serving real property and improvements adjacent to the Property,
GRANTOR wishes to convey to the City of Jeffersonville, Indiana, by and through its sanitary sewer
board, its successors and assigns (hereinafter referred to, whether one or more, as "GRANTEE"), a
certain sanitary sewer easement more particularly described herein.
NOW THEREFORE, THIS INDENTURE WITNESSETH that, for and in consideration of the
sum of Ten Dollars ($10.00), the terms of that certain Memorandum of Agreement dated December 22,
2010, by and between GRANTOR and GRANTEE, and other good and valuable considerations,
GRANTOR does hereby grant, transfer, convey, and warrant to GRANTEE, a permanent and perpetual
sanitary sewer easement, as more particularly described below, with the rights, privilege, and authority to
enter upon, dig, construct, install, erect, reconstruct, renew and lay, and thereafter to use, operate,
maintain, inspect, repair,remove,replace and continue sanitary sewer improvements and associated sewer
utilities over, across, under, and through that certain portion of GRANTOR'S property more particularly
described as follows:
Being a part of a tract of land conveyed to Jay's Acquisition, Inc., by Instrument No. 200800583
and thereafter conveyed to GRANTOR by Instrument No. 201303925, being further described as
follows:
Commencing at the north corner of Survey No. 8; thence along the line dividing Survey Nos. 8
and 9, South 34 deg. 41' 26" East, 2382.90 feet to the centerline of Hamburg Pike; thence with
said centerline, South 37 deg. 54' 28" West, 281.40 feet; thence South 17 deg. 13' 05" East,
36.45 feet; thence South 17 deg. 33' 14" East, 1070.77 feet to the true point of beginning; thence
along the perimeter of Jay's Acquisition, Inc., tract for the next seven courses:
1. South 17 deg. 33' 14"East, 520.37 feet;
2. South 38 deg. 21' 49"East, 196.61 feet;
3. South 76 deg. 12' 47"West, 70.00 feet;
4. South 17 deg. 33' 14"East, 57.38 feet;
5. 193.94 feet along a curve to the right with a radius of 7670.29 feet and having a
chord which bears South 16 deg. 43' 43"East, 193.93 feet;
6. South 73 deg. 31' 26"West, 60.00 feet;
7. 126.38 feet along a curve to the left with a radius of 7610.29 feet and having a
chord which bears North 16 deg. 28' 31"West, 126.37 feet;
thence North 77 deg. 06' 40" East, 36.20 feet; thence North 12 deg. 51' 59" West, 84.73 feet;
thence South 77 deg. 21' 23" West,42.75 feet; thence North 17 deg. 33' 14" West, 736.99 feet to
a corner of said Jay's Acquisition tract; thence North 71 deg. 17' 35" East, 60.00 feet to the true
point of beginning, containing 1.375 acres.
See easement being shown in the diagram attached hereto as Exhibit "A" which is
incorporated herein by this reference.
GRANTEE shall have the right to enter along, over and upon said easement to install, construct,
repair, relocate, service and maintain all such sanitary sewer, storm water drainage and associated sewer
improvements at will. Notwithstanding the foregoing, GRANTOR shall retain its right to the free and
uninterrupted use of the surface of the real property comprising the easement provided same does not
interfere with the rights of GRANTEE conveyed herein. GRANTEE shall have the right of ingress and
egress only over adjoining premises and lands when necessary and without doing damage to such
adjoining lands, and only for temporary periods, and shall not otherwise enter upon lands adjoining said
easement. GRANTEE shall indemnify and hold GRANTOR harmless from any and all damages, cost,
claims,or demands of or from third parties resulting from the foregoing.
IN WITNESS WHEREOF, the GRANTOR has executed this instrument this 7-Irl
day of
August, 2016.
S-L SNACKS IN,LLC, a North Carolina limited liability
company
By:
Printed: Wll&'&I(artqart
Title: Vt C,�— vz'si nt
STATE OF NORTH CAROLINA
COUNTY OF Me-o4itab ad ]
Before me, the undersigned, ,a Notary Public in and for said County and State, personally
appeared MCtrQO-mt' E. t0,Kl l.. n01 , as Vtez Pre-9 Iof S-L Snacks IN,
LLC, a North Cdolina limited liability company, and acknowledged the execution of the foregoing Deed
of Easement for and on behalf of said company.
WITNESS my hand and Notarial Seal this day of August 2016.
My Commission expires: Qh��
�'b 1 Notary Public
JI
L
s--1 FM
0%J111111110111 -Printed Name
C , Resident of Pl&Nki(c 6U County
G NOTARY �4
MY
comm) i EXPIR I affirm, under the penalties for perjury,that I have taken reasonable care
9 / _
to redact each Social Security number in this document,
13UBLIG ``�� unless required by law, and that this instrument was prepared by:
V/�;" R�G��GOJ``,```
This instrument prepared by:
Alan M. Applegate
APPLEGATE FIFER PULLIAM,LLC
P. O. Box 1418
Jeffersonville, Indiana 47131-1418
2366-001/262710
Exhibit A — Diagram of Sanitary Sewer Easement
N NORTH AND ALL BEARINGS SHOWN HEREON 5\3
ARE BASED ON NAD 1983, INDIANA EAST
ZONE, STATE PLANE COORDINATES (DERIVED n
FROM RIK GPS USING PRECISION PRODUCTS COMMENCING POINT N
INC., LOUISVILLE, KY BASE). N. COR.
rn sRIL.ROA � NU
N:1111955.23
E:3035'76.17 ?
'
tv
N
yY i'1
NOTES e� �
1. THIS EXHIBIT DOES NOT REPRESENT A BOUNDARY SURVEY 'ST2A4
AND SHOULD NOT BE RELIED UPON AS SUCH, INFORMATION
SHOWN HEREON REPRESENTING BEARINGS AND DISTANCES IS
BASED ON A LIMITED FIELD SURVEY AND DEED 1NFDRMATION. HAMBURG PIKE
2. NEITHER ABSTRACT OF TITLE NOR TITLE COMMITMENT WAS
PROVIDED TO JACOBI, TOOMBS AND LANZ. INC. FOR THE S 1,-13'05"E
PREPARATION OF THIS EPLAT. A TILE COMMITMENT
MAY REVEAL EASEMENTS,XHIBIT ENCUMBRANCES,T RESTRIC ONS OR 38.45'
RIGHTS OF OTHERS NOT SHOWN HEREON, THAT MAY AFFECT to
THE QUALITY OF TITLE OR DEVELOPMENT OF THIS TRACT. ��ppppp
JAMES A. HACK ��O
IV).
INSA J.
T. 20023311110 <� In LOT 13 P 9� PC,
103
LY -TRUE POINT OF BEGINNING
FOUND PIPE LOT 14
N:1108698.92
E:305036.39
MARTHA HAGER
D.D. 28, INST. 16881
VAR. WIDTH SANITARY SEWER "~i GRANVIL SABLES
DRAINAG�,375 IUTY SASEMENt INST. 200615872
ACREINST CINC. n: 2
o
3 b
h
� HUGHES DEVELOPMENT, LLC.
INST. 200322408
2
N
1.1
1D N
0' 150' 300' L,
di��■�I 11
SCALE:' 1 w_150' 6 `-FOUND PIN
VACATED RIGHT-OF-WAY N:1108067.87
LINE TABLE INST 200603052 v F--305372-20
LINE BEARING DISTANCE L4 U.S.A.
L1 S 76'12`47" W 70.00' v
L2 S 17'3314" E 57.38 N/
L3 S 73'31'26" W 60.00'
L4 N 77-0640 E 36.20
L5 N 12'51'59' W 84.73'
L6 S 77'21'23 W 4175' L3
L7 N 71'17'35" E 60.00 CITY OF
JEFFEERSSONVILLE
D.D. 24, INST. 1325
CURVE TABLE IL`
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING
C1 7670.29' 193.94 193:93' S 16 43 43" E'
C2 1 7610,29 126.38 126,31 N 16-28'31 w
VAR. WIDTH SANITARY SEWER, DRAINAGE do UTIUTY ESMT. JACOBI, TOOMBS & LANZ, INC. EXHIBIT
ACROSS THE LANDS OF JAYS ACQUISITION. INC, CONSULTING ENGINEERS
BEING A PART OF SURVEY#8 OF THE ILLINOIS GRANT 120 BELL AVENUE n7l T
CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA CLARXSVM.8, INDLANA 47129 11{J
(812) 288-8848
SCALE; 1'- ISO` OATS: 3-5-2070 DRAWN;S.LN. CHECKED: R.I.G. APPROVED; S.L.M. J00 No.08116
S:\EP2002\Pr*j*cts\08I 16\Esmt\08116-.Jaf&4cqui#iUon-wmt.dwg