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HomeMy WebLinkAboutPARTIAL TERMINATION OF EASEMENT 201702766 PARTIAL $22.00 02/22/2017 03:20:55P 6 PGS ' Zachary Payne E' Clark County Recorder IN Recorded as Presented IVIIIIIIIIIIIIIIiIIIIIIIIIIIIIIVIIIVIIIIIIIIVIIIVIIIIIIIIIIIIIIII PARTIAL TERMINATION OF EASEMENT This Partial Termination of Easement is made and entered into this the% qday of February, 2017, by The City of Jeffersonville, Indiana, by and through its sewer works board (hereinafter referred to as "Easement Owner''), in favor of KDC Development, LLC, a Kentucky limited liability company ("KDC") and Baptist Healthcare Systems, Inc ("Baptist," and together with KDC hereinafter, collectively referred to as "Fee Owners") and their respective successors and assigns. WITNESSETH: WHEREAS, pursuant to that certain Agreement for Grant of Non-Exclusive Sanitary Sewer Easement dated October 30, 2008 executed by Fee Owner's predecessor in interest, Sunny-/side Land Company, LLC, which Easement, and filed of record on November 3, 2008, as Instrument Number 200818390, in the office of the Recorder of Clark County, Indiana (the "Easement"), Easement Owner acquired certain temporary and permanent twenty (20) foot sanitary sewer easement rights across and through that certain real property described in a Deed recorded as Instrument 200316720 (the "Property"); and WHEREAS, KDC acquired the real property subject to the Easement be virtue of Deed dated November 20, 2014 and filed of record as Instrument no. 201419686 in the office of the Recorder of Clark County, Indiana and Baptist subsequently acquired a portion of the real property subject to the Easement by virtue of deed filed of record as Instrument no. 201600654 in the office of the Recorder of Clark County, Indiana, and WHEREAS, Fee Owners have requested that Easement Owner agree to terminate the a certain portion of the Easement and Easement Owner has agreed to same, on the condition that Fee Owner grant to Easement Owner a relocated replacement easement on and across the Property ("Replacement Easement"), by separate instrument. NOW THEREFORE, in consideration of the sum of one dollar ($1.00), the Replacement Easement, and other good and valuable consideration, the parties hereto agree as follows: 1. Easement Owner hereby terminates that portion of the Easement described in Exhibit "A" and shown in Exhibit "B" attached hereto and made a part hereof(the "Relinquished Easement Parcel"), agrees that the terms and provisions of the Easement are no longer in force or effect with respect to the Relinquished Easement Parcel. Easement Owner hereby quitclaims unto Fee Owners any and all interest Easement Owner may have in the Relinquished Easement Parcel situated on such Fee Owner's parcel by virtue of said Easement. 2. Easement Owner represents and warrants that Easement Owner is the current owner of the Easement, that Easement Owner has the authority to enter into this Partial Termination of Easement, and that no party claiming by or through Easement Owner claims any interest in and to the Easement or any portion of the Relinquished Easement Parcel. IN WITNESS WHEREOF, the parties hereto have executed this Partial Termination of Easement on the date first written above. "EASEMENT OWNER" CITY OF JEF E VILLE INDIANA, by and by an h ou its sewe works board By: Name: Title: 1k7 2 299134_4 STATE OF INDIANA COUNTY OF CLARK B�FORE ME, the undersigned, a Notary Public in and for the above-named Countt and State, this the � day of February 2017, personally appeared Mt(wlf1 6C1 as of the Jeffersonville Sewer Works Board, a body politic, and acknowledged the execution of the foregoing Partial Termination of Easement on behalf of said board. WITNESS my hand and notarial seal. >&�� My Commission expires: t ,ry1 Public Printed Name WENDY L.NICKLES Resident ofCounty Clark County ' My Commission Expires Februa 3,2022 OINDER The Jeffersonville Board of Public Works hereby joins in this Partial Termination of Easement for purposes of acknowledging the termination of said Easement and quitclaiming unto Fee Owner, it successors and assigns any rights the City of Jeffersonville has or may have in and to any portion of the Relinquished Easement Parcel. CITY OF JEFJou VILLE, DIANA, by and by andts boar f public works By: Name: /"7. 7:- Title: � 3 299134_4 STATE OF INDIANA COUNTY OF CLARK BEFORE ME, the undersigned, a Notary Public in and for the above-named County and State, this the o` `4 day of February 2017, personally appeared U .LIL (Me_ as of the Jeffersonville Board of Public Works, a body politic, and acknowledged the executioh of the foregoing Partial Termination of Easement on behalf of said board. WITNESS my hand and notarial seal. My Commission expires: N6Ary Public %1p ��' ;.;MY •.•. WENDY L NICKLES Clark County = � f My Commission Expires rinted Name to February 3,2022 esident ofCounty 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 LLC 428 Meigs Avenue, PO Box 1418 Jeffersonville, Indiana 47131-1418 (812) 284-9499 4 299134_4 Jacobi, Toombs & Lanz, Inc. Consulting Engineers&Land Surveyors EXHIBIT"A" DESCRIPTION OF PART OF AN EXISTING 20-FOOT SANITARY SEWER EASEMENT (INSTRUMENT 200818390) TO BE RELEASED Part of an existing 20-foot Sanitary Sewer as conveyed to the City of Jeffersonville, Indiana by Instrument 200818390,being located in Survey No.22 of the Illinois Grant,City of Jeffersonville, Clark County,Indiana,the centerline being further described as follows: Commencing at a stone at the east comer of Survey No.22,and being the south comer of Survey No. 23;thence along the lute dividing said Survey,Nos.22 and 23,North 35°35'36"West,1559.47 feet-, thence continuing along the dividing line,North 35°32'36" West, 1033.56 feet to the TRUE POINT OF BEGINNING OF SAID EXISTING EASEMENT CENTERLINE: '1-hence along said cmterline,South 50°10'54"West,188.23 feet;thence along said centerline,South 20°13'09"West,979.59 feet to a point 10 feet from,at right angles to,the southwest line of a tract conveyed to KDC Development by Instrument 201419686(formerly the property of Sunnyside Land Company);thence along said centerline,parallel to and 10 feet from said southwest line,South 37006'33"East,431.92 feet to the terminus of that portion of said existing easement to be released. Containing 0.734 acre. Corporate Kentucky Central Indiana Southern Indiana 1829 C.Spring Street,Suite 201 1400 South I"Strecl 1060 N.Capital Mc,Ste F360 12413e1t Ave New Albany,IN 47150 Louisville,KY 40208 Indimuywlis,IN 461-04 Clarksville,IN 47129 812-945-9585 502-583-5994 317.829-3474 812-288-6646 812-945.665 i Fax 502-583-7321 Fax 317-829-3473 Fax 812-945-9585 Fax Lv1'-'hU 1e1te.conn 59prolects115144-Jefferson Ridge'Doevmenrsi15114 Desc SanEmet_Release.doc 0' 200' 400' SCALE_ 1"=200' 0 W (5 Snro9'o9' S o 188.23'—Deed) KDC S 50"1 DEVELOPMENT LLC I 188.23' c INST. 201419686 O 3 �ti"Del yi l`'9 tiCS�3�h0 5 9�9 I JEFFERSON RIDGE LOT 1 P.B. 16, Pg. 62 a in om rri � �M 00 m BAPTIST HEALTFICARE 3 N SYSTETA INC. 3 INST. 201600554 ip Ex. 20' SANITARY SEyAl I C11 EASEMENT INST. 200x16390 N1 o TO 8E RELEASED n dw I Z o Z W ry N 17 � N W O f- Ln �I EX. 20' SANITARY SEWER EASEMENT TO REMAIN EASEMENT DESCRIPTION OD Ex. 35' Sanitary Sewer, Drainage, and 3 Utility Easement, PB 16, Pg. 62 © Ex. 60' Access Easement, PB 16, Pg. 62 + �n m M in Ex. 25' Sanitary Sewer, Drainage and Utility Easement. PB 16, Pg. 62 Z ® AREA TO BE RELEASED= 0.734 AC. SURVEY No. 22 SURVEY No. 23 SURVEY No. 13 Notes: 1. This drawing is not Intended to be represented as o retrocement or original boundary survey, a route survey, or a Surveyor Location Report. Jacobi,Toombs&Lanz,Inc. 2. Neither abstract of title nor title commitment was Consulting Enginem&Land Sun-eyors provided to Jacobi, Toombs and Lanz, Inc, for the 1829Faat Sping Street Suitc2D1-New Alhany,Indi-a47150 preparation of this easement plat. a title commitment Ah 812-9+5-9585-www U.ENG.COM may reveal easements, encumbrances, restrictions or EXHIBIT „B„ rights of others not shown hereon, that may affect RELEASE OF SANITARY SEWER EASEMENT the quality of title or development of this tract. LOCATED IN SURVEY No. 22 3. North and all bearings shown hereon are based on a CITY OF JEFFERSONVILLE, CLARK CO., IN previous survey by this firm, Job No. 14118, dated 9-30-2015 and recorded in Instrument 2 01 51 76 46. Prepared for: KDC DEVELOPMENT, LLC Owners of Record: KDC DEVELOPMENT, LLC h BAPTIST HEALTHCARE SYSTEMS, INC. Easement in Favor of: CITY OF JEFFERSONVIL E, INST. 200818390 DATE 1/6/2017 DRAWN:JAM. CHEOED: J.M.C. APPROVED:: S.LAt JOB No.: 15144 SHEET: 1 of 1 s:\p.oleca,�1s14r,l.fre�nn waw\o�x,w\I`t 44 sa�E,rr,ll+eteme.a.q