HomeMy WebLinkAboutSANITARY SEWER EASEMENT ACROSS THE LANDS OF KDC DEVELOPMENT, LLC 201702764 EASCR $18.00
�Q 02/22/2017 03:20:55P 4 PGS
)) Zachary Payne
Clark County Recorder IN
/} F r� Recorded as Presented
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SANITARY SEWER EASEMENT
ACROSS THE LANDS OF KDC DEVELOPMENT,LLC
THIS INDENTURE WITNESSETH that KDC Development, LLC, a Kentucky limited
liability company hereinafter referred to as"GRANTOR",being the owner of property described in
Deed recorded as Instrument No.201419686 in the office of the Recorder of Clark County,Indiana,
hereinafter referred to as the"PROPERTY",does hereby grant,transfer,convey and warrant to The
City of Jeffersonville,Indiana, by and through its Sanitary Sewer Board, hereinafter referred to as
"GRANTEE", a permanent and perpetual fifteen foot wide easement 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,patrol,replace and continue sanitary sewers across,under
and through the PROPERTY,together with the right of ingress and egress over the adjacent lands of
the GRANTOR,and the GRANTOR'S successors and assigns,for the purposes of this easement.
The easement shall be over and along the following described real estate,to-wit:
The description of the center line and a plat of said easement are attached hereto,made a part
hereof,and marked Exhibit "B" and Exhibit"C"respectively for identification.
The GRANTEE,and it's successors and assigns,shall have the right to enter along,over and
upon said easement to install, construct, repair, relocate, service and maintain all such utilities,
sewers and drainage,at will,and to make such alterations and improvements on the facilities thereof
as may be necessary or useful. The GRANTEE,and their successors and assigns,shall have the right
to remove from the extent of the easement any encroaching trees,buildings or other obstructions to
the free and unobstructed easement,and to build and maintain all necessary intakes,manholes and
other devices incident to such sewers and other utilities,and 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
easements.
The consideration herein above recited shall constitute payment in full for any damages to the
land of the GRANTOR,and the GRANTOR'S successors and assigns,by reason of the installation,
operation and maintenance of the structures or improvements referred to herein. The GRANTEE
covenants to maintain the easement in good repair so that no unreasonable damage will result from
its use to the adjacent land of the GRANTOR, and the GRANTOR'S successors and assigns. The
temporary easement, if referred to herein, shall revert to the GRANTOR at the completion of the
construction.
The grant and other provisions of this easement shall constitute a covenant running with the
land for the benefit of the GRANTEE, its successors and assigns.
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IN WITNESS WHEREOF,the GRANTOR has executed this instrument this day of
February 2017.
KDC DEVELOPMENT, LLC
By: - -
Name:.'
Title:
298875
STATE OHS � )
�- CX1) SS:
COUNTY OF ClAiRK ) _
Before me, the undersigned, a Not Pu lic in and for said County and State, personally
appeared 11• W as (� of KDC Development,
LLC, the above-named GR4NT0R, and acknowledged the execution of the foregoing Sanitary
Sewer Easement for the uses and purposes therein contained.
WITNESS my hand and Notarial Seal this �V day of February 20
-"C' ry Pu"A;, Sws'33 of�A KY
My Commission Expires:E,�; UnT 14iLoc/��
blic
County of Residence: -1�1-3 �U(1
1k6.
I affirm,under the penalties for perjury,that I have taken reasonable cafegid '••fes=`
to redact each Social Security number in this document, !� r wr► w
unless required by law,and that this instrument was prepared by: , tr
Alan M.Applegate
Applegate Fifer Pulliam LLC •"% N
428 Meigs Avenue,PO Box 1418 �''ff
Jeffersonville,IN 47131-1418
298875
Jacobi, Toombs & Lanz, Inc.
Consulting Engineers&Land Surveyors
EXHIBIT"B"
DESCRIPTION OF A
15-FOOT SANITARY SEWER EASEMENT
A 15-foot Sanitary Sewer Easement located in Survey No. 22 of the Illinois Grant, City of
Jeffersonville, Clark County, Indiana being a part of the lands conveyed to KDC Development,LLC
by Instrument 201608958, said easement being 7.5 feet on each side of the following described
centerline:
Commencing at a stone at the east corner of Survey No. 22, and being the south corner of Survey
No. 23; thence along the line dividing said Survey Nos. 22 and 23, North 35°35'36" West, 1559.47
feet to a two-inch diameter iron pipe at the east corner of Lot 1,Jefferson Ridge,Plat Book 16,Page
62; thence continuing along the dividing line, North 35°32'36" West, 632.91 feet to a corner of said
Lot 1;thence along the perimeter of said Lot 1 the following ten (10) courses:
(1) South 54°27'24"West,25.00 feet;thence
(2) North 35°32'36" West,496.42 feet; thence
(3) 94.57 feet along the arc of a non-tangent curve to the left having a radius of 297.89 feet and
a chord which bears North 48°45'12"West,94.18 feet;thence
(4) 105.16 feet along the arc of a curve to the left having a radius of 166.41 feet and a chord
which bears North 76°47'33" West, 103.41 feet;thence
(5) 25.56 feet along the arc of a curve to the right having a radius of 262.34 feet and a chord
which bears North 89°19'52"West,25.55 feet to a point of cusp;thence
(6) 21.23 feet along the arc of a curve to the right having a radius of 217.15 feet and a chord
which bears South 17°40'26"West,21.22 feet to a point of cusp;thence
(7) 70.57 feet along the arc of a curve to the right having a radius of 217.15 feet and a chord
which bears South 29°47'05"West,70.26 feet;thence
(8) 285.71 feet along the arc of a curve to the left having a radius of 818.27 feet and a chord
which bears South 31°00'15"West,284.26 feet;thence
(9) South 23°28'29"West,78.01 feet to the westernmost corner of said Lot 1;thence
(10) South 35°32'36"East,34.99 feet;
thence South 23°28'29"West, 1433.39 feet; thence North 66°31'31" West,37.50 feet to the TRUE
POINT OF BEGINNING of said centerline;
Thence South 23°28'29"West, 13.65 feet; thence South 08°54'29"East,201.04 feet to an existing
manhole being the terminus of said centerline.At the south end of the easement, the sidelines shall
be extended or shortened to intersect with an existing Sanitary Sewer Easement described in
Instrument 200212149. Containing 0.072 acre and being subject to all other easements and rights-of-
ways of record.
Corporate Kentucky Central Indiana Southern Indiana
1829 E.Spring Street,Suite 201 1400 South I'Street 1060 N.Capital Ave,Ste E360 124 Bell Ave
New Albany,IN 47150 Louisville,KY 40208 Indianapolis,IN 46204 Clarksville,IN 47129
812-945-9585 502-583-5994 317-829-3474 812-288-6646
812-945-6656 Fax 502-583-7321 Fax 317-829-3473 Fax 812-945-9585 Fax
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