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HomeMy WebLinkAboutUtility & Access Easement Agreement Vkt 111)311‘4)1 - 431.< `b°PST t C,1oaA UTILITY AND. ACCESS EASEMENT AGREEMENT 1'64- THIS EASEMENT AGREEMENT (the "Easement Agreement" ) is entered into as of the day of July, 1989 by and between MARRIOTT CORPORATION, a Delaware corporation ( "Grantor" ) and PILGRIM LUTHERAN CHURCH OF INDIANAPOLIS, INCORPORATED, an Indiana not for profit corporation, ( "Grantee" ) . WHEREAS, Grantor is the owner of the tract of real property described more particularly in Exhibit 1 attached hereto and by reference incorporated herein (the "Grantor Parcel" ) ; and WHEREAS, Grantor has agreed to establish certain easement rights over a portion of the Grantor Parcel in favor of Grantee and its successors as owners of the tract of real property described in Exhibit 2 attached hereto and by reference incorporated herein (the "Grantee Parcel" ) for the benefit of the Grantee Parcel; and NOW, THEREFORE, in consideration of the premises and the covenants contained herein, the adequacy of which is hereby acknowledged, Grantor and Grantee do hereby agree as follows : 1 . Grantor hereby grants to Grantee perpetual and non-exclusive driveway easements (the "Easement" ) over and under the tract of real property described more particularly in Exhibit 3 attached hereto and by reference incorporated herein (the "Easement Area" ) . The Easement Area shall be used only for the purposes set forth below. 2 . Grantee shall use the Easement Area only for purposes of : (a) providing vehicular and pedestrian access to the Grantee Parcel; and (b) connecting and utilizing the utility lines and services which Grantor shall construct under 103rd Street to the utility lines and services which serve the Grantee Parcel . 3 . Grantor shall , at its sole cost and expense, design, construct and maintain all access roads , utilities ( including city water and sanitary sewer utilizing gravity flow and with adequate capacity to service the reasonably anticipated maximum requirements of the Grantee Parcel) and services located within the Easement Areas in a safe, clean condition and in compliance with all applicable ordinances , codes, rules and regulations . Grantor shall , at its sole cost and expense, bring all access roads , utilities and services located within the Easement Area to the boundary line between the Grantor Parcel and the Grantee Parcel . 4 . If Grantee sells or leases the Grantee Parcel or any portion thereof to any third party and such third party utilizes any of the utility lines or services constt.ucted by Grantor under 103rd Street , said third party shall , prior to the commencement of construction, pay to Grantor an amount equal to the total of all costs incurred by Grantor in extending such utility line(s ) or service(s) from 106th Street to Grantee' s nearest boundary multiplied by a fraction, the numerator of which is the total area of the portion of the Grantee Parcel sold or leased to said third party and the denominator of which is the total area of the Grantor Parcel together with that portion of the Grantee Parcel sold or leased to said third party. If said third party utilizes any of the utility lines or services constructed by Grantor under 103rd Street , the cost of maintaining said utility lines and services which lie beyond the Easement area and do not serve the Grantor Parcel exclusively shall be shared in the manner described in the preceding sentence , 5 , If Grantee shall utilize the utility lines or services and subsequently sells or leases the Grantee Parcel cr any portion thereof to a third party, such third party shall, prior to the closing or, in the event of a lease, the date said third party takes possession of the Grantee Parcel or any portion thereof, reimburse Grantor in the manner described in paragraph 4 hereof . 6 . This document contains the entire agreement of the parties hereto with respect to the subject matter hereof . Any modification of the terms of this Easement Agreement must be in a writing signed by the party against whom enforcement of the modification is sought . 7 , In the event of any controversy, claim or dispute. relating to this instrument or an alleged breach of the terms and conditions hereof , the prevailing party shall be entitled to recover from the losing party reasonable attorney' s fees , costs and expenses . 8 , Notwithstanding anything herein to the contrary, Pilgrim Lutheran Church shall have no responsibility for the construction, operation or maintenance of any utility lines or services constructed by Grantor . Pilgrim Lutheran Church shall be responsible for any "hook-up" or tap fees charged by the utility companies for the connection and utilization of said utilities by Pilgrim Lutheran Church. All utilities shall be separately metered. 9 , This Easement Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs , successors and assigns , The Easements shall be a covenant running with the land as a burden upon the Easement Areas and for the benefit of the Grantee Parcel . , -2- IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement as of the date first written above. GRANTOR MARRIOTT CORPORATION .4( Off P a Delaware corporation C.1 Rs„.Attest : By. J Assistant Se retary Vice President GRANTEE PILGRIM LUTHERAN CHURCH OP INDIANAPOLIS INCORPORATED, an Indiana not for prof it corporation Attest ;_ By: STATE OF MARYLAND ) )es COUNTY OF MONTGOMERY ) On this the m./.../ day o , 1989, before me, t e undersigned of cer, personally appeared 4 , ,r AO AKILO W," , who acknowledged himself to be the Vic Pr=sident of Grantor Corporation, a Delaware corporation, and that as such Vice President, being tuthorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as Vice President . In witness whereof I hereunto set my hand and official seal . Ole N• ary Publi • • printed Name of Notary My Commission Expires : 7/V9 d -3- STATE OF INDIANA ) )si COUNTY OF HAMILTON ) On this the day of , 1989 , before me, the undersigned officer , personally appeared , who acknowledged himself to be the of Grantee corporation, an Indiana not for profit corporation, and being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness whereof I hereunto set my hand and official seal . Notary Public Printe Name of Notary My Commission Expires : 6238Y -4- EXHIBIT s Part of the Northwest Quarter of Suction 11 , 'Township 17 North , Range 3 East, Hamilton County, Indiana , described as follows : Commencing at the southeast corner of said Northwest Quarter ; thence South 89 degrees 06 minutes 10 seconds West (assumed bearing) 757. 76 feet (762. 32 feet Deed) along the south line of said Northwest Quarter to the Westerly Limited Access Right-of-Way Line of U. S. Highway 31 , as conveyed to State of Indiana by Warranty Deed recorded in Deed Record 207 , page 249 in the Office of the Recorder of Hamilton County , Indiana; thence along said Right-of-way Line North 00 degrees 08 minutes 35 seconds East 124 . 05 feet ( 124 . 41 Feet , Deed) to the point of curvature of a tangent curve; thence continuing along said Right-of-way Line Northerly 205. 99 feet along an arc to the left and having a radius of 171787. 34 feet and subtended by a long chord having a bearing of North 00 degrees 06 minutes 31 seconds East and a length of 205. 99 feet and the point of beginning of this description; thence continuing along said Right-of-way Line Northerly 266. 05 feet along an arc to the left and having a radius of 171787. 34 feet and subtended by a long chord having a bearing of North 00 degrees 01 minutes 48 seconds East and a length of 266. 04 feet to an angle point in said Right-of-way Line and Southernmost corner of real estate conveyed to the State of Indiana by warranty Deed recorded in Deed Record 252 , Pages 158-159 in said Office of the Recorder ; thence along said Right-of-way line North 45 degrees 27 minutes 48 seconds West 70. 17 feet (70. 00 feet deed) to the Southerly Right-of-way line of West 103rd Street , per Dedication thereof recorded in miscellaneous Record 127 , page 182 in said Office of the Recorder ; thence North 00 degrees 53 minutes 50 seconds West 30.00 feet to the centerline of said West 103rd Street as established by said Dedication, as being a line parallel with the South line of said Northwest Quarter and 676. 10 feet North of , as measured on the centerline of said U.S. Highway 31 from said South line ; thence South 89 degrees 06 minutes 10 seconds West on said centerline and measured parallel with said South line 570. 33 feet to a point 720. 80 feet South 89 degrees 06 minutes 10 seconds West of the centerline of said U. S. highway 31 ; thence South 00 degrees 08 minutes 07 seconds West 30. 00 feet to the southerly Right-of-way of said West 103rd Street; thence continuing South 00 degrees 08 minutes 07 seconds west 316 . 05 feet; thence North 89 degrees 06 minutes 10 seconds Last 621 . 50 feet parallel to said south line to the point of beginning and containing 4 . 871 acres, more or less. EXHIB1TG . Part of the Northwest Quarter and part of the Southwest Quarter of Section 11 , Township 17 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows : Commencing at the Southeast corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East; thence South 89 degrees 06 minutes 10 seconds West (assumed bearing) on and along the South line of said Northwest Quarter 757. 78 feet to the West right-of-way line of U.S. Highway #31 per plans for I ,S,H.C, Project 'No. ST-F222(9) dated 1968 and revised 1971 and 1972 and the place of beginning of this tract; thence North 00 degrees 08 minutes 35 seconds East on and along said West right-of-way line 122. 13 feet to the point of curvature of a curve to the left having a radius of 226, 564. 25 feet, the radius point of which bears North 89 degrees 51 minutes 25 seconds West from said point of curvature; thence Northerly on and along said curve to the left and West right-of-way line 472. 11 feet to a point which is South 89 degrees 58 minutes 08 seconds East 226, 564. 25 feet of said radius point; thence North 44 degrees 22 minutes 20 seconds West on and along said right-of-way line 71. 44 feet to the South right-of-way line of west 103rd Street as dedicated in miscellaneous Record 127 , page 182, in the Office of the Recorder of Hamilton Ce unty, Indiana; thence North 00 degrees 53 minutes 50 second3 West 30. 00 feet to the centerline of said West 103rd Street, said centerline being a line parallel with the South line of said Northwest Quarter and 676. 10 feet measured North on and along the centerline of said U.S. Highway 131 from said South line; thence South 89 degrees 06 minutes 10 seconds West on and along said centerline of West 103rd Street and parallel with said South line 570. 33 feet; thence South 00 degrees 09 minutes. 10 seconds West 676. 10 feet to a point on the North line of the Southwest Quarter of said Section 11, that is South 83 degrees 06 minutes 10 seconds West 721. 60 feet from the centerline of U.S. Highway 131; thence South 89 degrees 06 minutes 10 seconds West on and along said North line 66. 00 feet; thence south 00 degrees 08 minutes 35 seconds West parallel with the centerline of said U.S. Highway 131, a distance of 664. 00 feet; :hence North 89 degrees 06 minutes 10 seconds East parallel with said North line 687. 58 feet to the West right-of-way line of said U. S. Highway 131 ; thence North 00 degrees 08 minutes 35 seconds East on and along West right-of-way line 664. 00 feet to the place of beginning. EXCEPT: Part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East, Hamilton County, Indiana, described as follows : Commencing at the southeast corner of said Northwest Quarter; thence South 89 degrees 06 minutes 10 seconds West (assumed bearing) 757. 76 feet (762. 32 feet Deed) along the south line of said Northwest Quarter to the Westerly Limited Access Right-of-Way Line' of U.S. Highway 31, as conveyed to State of Indiana by Warranty Deed recorded in Deed Record 207, page 249 in the Office of the Recorder of Hamilton County, Indiana; ; , EXHIBIT (22_ thence along said Right-of-way Line North 00 degrees 08 minutes 35 seconds East 124. 05 feet (124 . 41 Feet, Deed) to the point of curvature of a tangent curve ; thence continuing along said Right-of-way Line Northerly 205.99 feet along an arc to the left and having a r'adius of 171787. 34 feet and subtended by a long chord having a bearing of North 00 degrees 06 minutes 31 seconds East and a length of 205. 99 feet and the point of beginning of this description; thence continuing along said Right-of-way Line Northerly 266.05 feet along an arc to the left and having a radius of 171787. 34 feet and subtended by a long chord having a bearing of North 00 degrees 01 minutes 48 seconds East and a length of 266. 04 feet to an angle point in said Right -of-way Line and Southernmost corner of real estate conveyed to the State of Indiana by Warranty Deed recorded in Deed Record 252, Pages 158-159 in said Office of the Recorder ; thence along said Right-of-way line North 45 degrees 27 minutes 48 seconds West 70. 17 feet (70. 00 feet deed) to the Southerly Right-of-way line of West 103rd Street, per Dedication thereof recorded in Miscellaneous Record 127, page 182 in said Office of the Recorder ; thence North 00 degrees 53 minutes SO seconds West 30. 00 feet to the centerline of said West 103rd Street as established by said Dedication, as being a line parallel with the South line of said Northwest Quarter and 676, 10 feet North of , as measured on the centerline of said U.S. Highway 31 from said South line ; thence South 89 degrees 06 minutes 10 seconds West on said centerline and measured parallel with said South line 570. 33 feet to a point 720 . 80 feet South 89 degrees 06 minutes 10 seconds West of the centerline of said U.S Highway 31 ; thence South 00 degrees 08 minutes 07 seconds West 30. 00 feet to the southerly Right-of-way of said West 103rd Street; thence continuing South 00 degrees 08 minutes 07 seconds West 316. 05 feet; thence North 89 degrees 06 minutes 10 seconds East 621. 50 feet parallel to said south line to the point of beginning and containing 4. 871 acres, more or less . -2- 4< EXHIPIT 3 1 -, - - - um Loa so' ROAD ©nicAT # N 8 •091" E 4 2 ,00'(mum tae. 127,P. lu) . \ . +lam � o - . ASSUMED NORTH w t t Is SCALE 1'1050' 1` t t k; : w o ig . A. s t7 I712 E N 17,1712" w ._ e 50.29' GIPMG - g PQ BE 1T s 89'06110" w N 00°0910" E 2$'02 se ..s. .I 30.05' . .COri.N.gv.1 r 4 (Anti MARINO gEC. 11-17N-BE N 99106'10" E SOUTH LINE N.1N,1/4 130924' - /SEC. 11-17N-3E LAND DESCRIPTION TWENTY FOUR (2 NGRESS & EGRESS FOOT EMS Fart of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest corner of the atid Northwest Quarter Section; thence North 89 degrees 06 minutes 10 seconds East (Assumed Bearing) along the South line of said Quarter Section a distance of 1303.24 feet; thence North 00 degrees 09 minutes 10 seconds East a distance of 330.03 feet to the Beginning Point; thence North 17 degrees 17 minutes 12 seconds West a distance of 46.91 feet; thence North 00 degrees 08 miautce 07 seconds East a distance of 271,04 feet to the South line of a thirty foot road dedication per Misc. Rec. 127 page 182 in the Office of the Recorder of Hamilton County, Indiana; thence North 89 degrees 06 minutes 10 seconds East, parallel with the South line of said Quarter Section and along the South line of eald thirty foot road dedication, a distance of 24.00 feet; thence South 00 degrees 08 minutes 07 seconds West a distance of 267.79 feet; thence South 17 degrees 17 minutes 12 seconds East a distance of 50.29 feet; thence South 89 degrees 04 minutes 10 seconds West, parallel with the South line of sa;d Quarter east ee ea rttktffinen of 2i.f12 feet to the Beainnina Point.