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Home My WebLink AboutPrecednet Co-Investor, LLC/Temporary Highway Easement Grant/26,456Form T-3 REV 2014 TEMPORARY HIGHWAY EASEMENT GRANT (GENERAL) off► Project: 1400937 Code: NIA Parcel: 5 and 5A Page: 1 of 11 Cross-reference deed, Instrument # A201400061222 THIS TEMPORARY HIGHWAY EASEMENT (this "Agreement"), entered into this �day of �U 12 . , 2017 (the "Effective Date"), between PRECEDENT CO -INVESTOR, LLC, a Delaware Limited Liability Company ("Grantor"), and CITY OF CARMEL, INDIANA, an Indiana municipal corporation ("Grantee") of One Civic Square, Carmel, Indiana 46032; WITNESSETH. Precedent Co -Investor, LLC, a Delaware limited liability company, the Grantor, grants to the CITY OF CARMEL, INDIANA, the Grantee, for and in consideration of the sum of Twenty -Six Thousand Four Hundred Fifty -Six and 00/100 Dollars ($26,456.00) (of which said sum $00.00 represents land improvements acquired and $26,456.00 represents land temporarily encumbered and damages) and other valuable consideration, a temporary nonexclusive easement to enter upon the Real Estate of the Grantor described on Exhibit A attached hereto for any lawful purpose related to work on the Project (as defined herein), including but not limited to, installation of public utilities, surveying, testing, moving dirt or ground, removal of dirt or ground, landscaping and constructing roadways (the "Work") which said Work is incidental to the construction by Grantee of that highway facility known as Priority Way and as Project 1400937 (the "Project"), which said Real Estate situated in the County of Marion, State of Indiana, and which is more particularly described in the legal description attached hereto as Exhibit A which is incorporated herein by reference (the "Easement Area"). The parties acknowledge that this Agreement grants only a temporary easement; as such, to the extent that Grantee intends to make any permanent improvements (other than replacement of dirt and landscaping and the like) in the Easement Area, Grantee's rights to do so, if any, must be under other valid easements (such as utility easements), as no such rights are granted under this Agreement. The temporary easement granted hereby shall be extinguished, become void and revert to the Grantor and/or the Grantor's successor in title automatically upon the earlier to occur of: (i) completion of the said Project; or (ii) April 1, 2020. Such extinguishment will occur automatically, but in addition, Grantee shall further evidence said extinguishment by a release document reasonably satisfactory to Grantor, which shall be executed and recorded by the Grantee within ninety (90) days after the earlier of such dates at no cost to the Grantor. Grantee and its agents, servants, employees, consultants, contractors and subcontractors (collectively, "Grantee's Agents") have the right to enter upon the Easement Area for the purposes permitted by this Agreement. Grantee and Grantee's Agents will enter upon the Easement Area at their sole risk and hazard, and Grantee and its successors and assigns, hereby release Grantor from any claims Foran T-3 REV 2014 Project: 1400937 Code: MIA Parcel: 5 and 5A Page 2 of 12 relating to the condition of the Easement Area and the entry upon the Easement Area by Grantee and Grantee's Agents, excluding any claims related to any affirmative action taken by Grantor or Grantor's Agents. Grantor hereby reserves the right to use the Easement Area for any use not inconsistent with Grantee's permitted use of the Easement Area. Grantee accepts the Easement Area and all aspects thereof in "as is," "where is" condition, without warranties, either express or implied, "with all faults," including but not limited to both latent and patent defects, and the existence of hazardous materials, if any, provided that Grantee shall not have liability for such existing hazardous materials. Grantee hereby waives all warranties, express or implied, regarding the title, condition and use of the Easement Area, including, but not limited to any warranty of merchantability or fitness for a particular purpose. Grantee will use commercially reasonable efforts to avoid and minimize causing any damage to the Easement Area and the improvements and vegetation as may exist therein or thereon except as necessary to complete the Project and the Work, and to minimize disruption to the business operations on the Grantor's Property. Grantee will, at Grantee's sole cost and expense, remove all debris and garbage resulting from the Project and the Work from the Easement Area on a semi-weekly basis. Grantee shall promptly repair any damage to the Easement Area (including, without limitation, any and all landscaping, trees, water and/or irrigation pipes, lines and ditches, curbs, gutters, asphalt surfaces, signs, lighting, etc.) caused by Grantee and/or Grantee's Agents, and shall restore the Easement Area and the improvements thereon (subject to any permanent improvements constituting part of the Project or the Work which Grantee has the right to perform pursuant to other easements, such as, without limitation, utility easements), to the same or better condition as they existed prior to any entry onto or work performed on the Easement Area by Grantee and Grantee's Agents. Such restoration will be pursuant to and in conformity with the construction plans and specifications attached hereto as Exhibit C. Nothing in this Agreement will be deemed or construed as granting Grantee the right to install or build on or within the Easement Area, any permanent improvements. . Grantee will comply with all applicable laws, statutes, codes, acts, ordinances, rules and regulations applicable to.the Project. Grantee agrees to use best efforts to keep the Grantor's Parcel free from any lien arising out of any, contracted work performed or materials furnished. Should any such lien arise, Grantee shall have it released of record or bonded over to Grantor's reasonable satisfaction within 30 days at Grantee's sole cost. Except for any existing environmental condition or Hazardous Materials (as defined below) present on, in, over, under, or within the Easement Area or the Grantor's Property, Grantee will not cause or permit the escape, disposal or release of any Hazardous Material (as defined below) onto, on, within, under or into the Easement Area or Grantor's Parcel. Except for customary materials in customary quantities as necessary for the Project and the Work (and in all cases in compliance with all applicable laws, statutes, codes, acts, ordinances, rules and regulations), Grantee will not cause or allow the storage or use of Hazardous Material on the Easement Area or Grantor's Parcel. For purposes hereof, "Hazardous Form T-3 REV 2014 Project: 1400937 Code: NIA Parcel: 5 and 5A Page 3 of 12 Material' means any substance, chemical, waste or material that is or becomes regulated by any federal, state or local governmental authority because of its toxicity, infectiousness, radioactivity, explosiveness, ignitability, corrosiveness or reactivity, including, without limitation, those substances regulated by the Environmental Laws (defined below), and including, without limitation, the following: oil and petroleum products and synthetic gas usable for fuel; pesticides regulated under FIFRA, asbestos, and polychlorinated biphenyls. For purposes of this Lease, "Environmental Laws" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.); the Clean Air Act, the Clean Water Act; the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"); the National Environmental Policy Act; the Noise Control Act; the Safe Drinking Water Act; the Superfund Amendments and Reauthorization Act of 1986; the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Toxic Substances Control Act; or any other and all other governmental laws, codes,. rules, and regulations relating to the environment or hazardous materials or substances; in each case as such acts may be amended from time to time; or any applicable state or local laws, and the regulations adopted under these acts. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any rights or remedy for a breach of this Agreement will constitute a waiver of any such breach or of such right or remedy or of any other covenant, agreement, term, or condition. The rights and remedies of any of the parties stated herein are not intended to be exclusive, and the exercise of one or more of the provisions of this Agreement does not preclude the exercise of any other provisions. Each of the parties confirms that damages at law may be an inadequate remedy for a breach or threatened breach of any provision hereof. The respective rights and obligations hereunder will be enforceable by specific performance, injunction; or other equitable remedy, but nothing herein contained is intended to or will limit or affect any rights at law or by statute or otherwise of any party aggrieved as against the other party for a breach or threatened breach of any provision hereof, it being the intent of this paragraph to make clear the agreement of the parties that the respective rights and obligations of the parties hereunder will be enforceable in equity as well as at law or otherwise. Each individual executing this Agreement represents and warrants that he or she has been duly authorized by appropriate action of the entity or governing body of the party for which he/she signs to execute and deliver this Agreement in the capacity and for the entity set forth where he/she signs and that as a result of his/her signature, this Agreement shall be binding upon the party for which he/she signs. Prior to taking physical possession of the Easement Area and prior to expiration of the applicable insurance _policy, Grantee shall provide to Grantor evidence of the existence of general commercial public liability insurance, reflecting either Grantee or its project contractor, as insureds, and Grantor, as an additional insured, in any such circumstance providing insurance for the benefit of Grantee with respect to all activities to be undertaken .pursuant to this Agreement, with limits of not less than Two Million and 00/100 Dollars ($2,000,000.00) per person, and Five Million and 00/100 Dollars ($5,000,000.00 per occurrence. Such insurance shall be written by an insurance company licensed to do business in the State of Indiana, and shall not be cancellable upon less than thirty (30) days prior written notice to Grantor. Such liability insurance shall be primary to and notcontributory to any other insurance maintained by Grantor. Coverage must be on an occurrence basis and may not be written on a claims -made basis. Form T-3 REV 2014 Project: 1400937 Code: NIA Parcel: 5 and 5A Page 4 of 12 In the event Grantee fails to comply with the provisions of this Easement, and if Grantee fails to promptly commence the cure thereof, or Grantee fails to cure such default within a reasonable period of time (but in no event longer than sixty (60) days, subject to weather and other force majeure events, if applicable) after Grantor delivers notice thereof to Grantee, Grantor shall have all rights and remedies available to it under applicable law. Grantee shall indemnify, defend and save Grantor and Grantor's agents and their respective officers, directors, beneficiaries, shareholders, partners, employees, agents, and contractors harmless from any and all claims, actions, causes of action, liability, loss, damage, cost, obligation and expense (including, without limitation, reasonable attorneys' fees) which arises out of or results from claims by third parties based on actions or omissions of Grantee, its agents, employees, contractors, subcontractors (at any tier), licensees or other party claiming by, through or under Grantee occurring in or about the Easement Area or in connection with the Work or the Project, including, without limitation, work-related injuries and insurance subrogation claims. The said Grantor and Grantee acknowledge that all provisions of this grant of temporary easement are as stated and set forth herein and that no verbal agreements or promises exist with respect thereto. This Agreement and the provisions hereof will run with the land. This temporary conveyance is subject to any and all easements, conditions and restrictions of record, all applicable laws, and all applicable real estate taxes and assessments. However, the said Grantor, for the purpose of inducing the City of Carmel, Indiana to accept this grant and to pay the hereinbefore referenced consideration, represents that the Grantor is the owner in fee simple of the Real Estate. [Signature page follows] Form T-3 REV 2014 Project: 1400937 Code: NIA Parcel: 5 and 5A Page 5 of 12 .'o IN WITNESS WHEREOF, the said Grantor has executed this instrument this '0' day of _ , 2017. PRECEDENT CO -INVESTOR, LLC, a Delaware limited liability company Signature Printed: f—'"tkLt6 '1'�"--RLD Title: \i P r ao l STATE 0174 ) SS: COUNTY OF (Seal) (Seal) Signature Printed: Title: Before me, a Notary Public in and for said State and County, personally appeared -t�-)/Z)10 —,the V 1 , of Precedent Co -Investor, LLC, the Grantor in the above conveyance, and acknowledged the execution of the same on the date aforesaid to be their voluntary act and deed and who, being duly sworn, stated that any representations contained therein are true. Witness my hand and notarial seal this Z-& day of , 2017. KELLY M BAUER Notary ublic Official Seal Notary Public - State of Illinois Q My Commission Expires Oct 31, 2019 U ow I Printed Name My Commission Expires: to I I n) My County of Residence: Uwe Form T-3 REV 2014 Approved and Adopted this `7 / day of— , 2017. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: � P James Brainard, Presiding Officer Date: Lori S. Watson, Memb Date: w d� ATTEST: Christine S. Pauley, Clerk -Treasurer Date: 2 Project: 1400937 Code: NIA Parcel: 5 and 5A Page 6 of 12 This Instrument prepared by Tammy K. Haney, Keller Macaluso LLC, 760 31a Avenue SW, Suite 210, Carmel, Indiana 46032 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. Tammy K. Haney. Interests in land acquired by the City of Carmel Grantee mailing address: One Civic Square Carmel, IN 46032 LC. 8-23-7-31 #105537_4 Form T-3 REV 2014 Project: 1400937 Code: NIA Parcel: 5 and 5A Page 7 of 12 EXHIBIT "A" Project: 1400937 Sheet 1 of 1 Key No.: 49-02-17-114-004.000-800 Parcel: 5 Temporary Right of Way for Road Construction A part of the Northwest Quarter of Section 17, Township 17 North, Range 4 East, Marion County, Indiana, described as follows: Commencing at the northwest corner of said quarter section; thence along the north line of said quarter section South 89 degrees 30 minutes 18 seconds Last 310.00 feet to the prolonged west line of the tract of land described in Instrument No. 201400061221 in the Office of the Recorder of Marion County, Indiana; thence along said west line South 0 degrees 06 minutes 09 seconds West 372.79 feet to the south line of the tract of land described in Instrument No. 2003-0172961 in the Office of the Recorder of Marion County, Indiana and the point of beginning of this description: the continuing along said west line South 0 degrees 06 minutes 09 seconds West 135.21 feet; thence North 89 degrees 53 minutes 53 seconds West 35.00 feet; thence Notch 0 degrees 06 minutes 07 seconds East 135.21 feel to the south line of tine tract of land described in hnstrunnent No. 2003-0172961; thence along said south line South 89 degrees 54 minutes 47 seconds East 35.00 feet to the point of beginning and containing 0.109 acres, more or less. This description was prepared for The City of `,,`0� •.....,. � Carnnel, Indiana by Tinnothy J. Coomes, Indiana Registered G157ERFo J' - .1" >:20600004 ^ Land Sin'Veyor, License Number' 20600004, on the _-_ _= STATE OF .�DIA�P�� day of .2016. '//r 111111111\i` Form T-3 REV 2014 Project: 1400937 Code: NIA Parcel: 5 and 5A Page 8of12 EXHIBIT "A" Project: 1400937 Sheet I of 1 Key No.: 49-02-17-114-003.000-800 Parcel: 5A Temporary Right of Way for Road Construction A part of the Northwest Quarter of Section 17, Township 17 North, Range 4 East, Marion County, Indiana, described as follows: Commencing at the northwest corner ofsaid quarter section; thence along the north line of said quarter section South 89 degrees 30 minutes 18 seconds East 310.00 feet to the prolonged west line of the tract of land described in blstrument No, 201400061221 in the Office of the Recorder of Marion County, Italiana; thence along said west line South 0 degrees 06 minutes 09 seconds West 480.29 feet to the south line ofsaid tract ofland described in Instrument No. 201400061221 and the point ofbegin.ning of this description: thence along said south line South 89 degrees 53 minutes 51 seconds East 49.00 feet; thence Soutll 0 degrees 06 minutes 07 seconds West 27.72 feet; thence North 89 degrees 53 minutes 53 seconds West 49.00 feet to the prolonged west line ofsaid tract of land described in Instrument No. 201400061221; thence along said west line North 0 degrees 06 minutes 09 seconds East 27.72 feet to the point of beginning and containing 0.031 acres, more or less. 1 111141111117!/!// This description was prepared for The City of C."arnlel, Indiana by Timothy J. Coomes, Indiana Registered :20600004: Land Sun eyor, License Number 20600004, oil the - STATE of n�IP0`� --._day of_ - 2016. J'%D SURqF;.1`'� Form T-3 REV 2014 Project: 1400937 Code: NIA Parcel: 5 and 5A Page 9 of 12 N EXHIBIT "B" SHEET 1 OF 2 RIGHT-OF-WAY PARCEL PLAT 0 25 50 100 Prepared for the City of Carmel, Indiana by United Consulting (Job No. 15-208) SCALE: 1" = 100' d 0 u I P.I. 32+35.10 "PR -3"= 15 P.I. 32+34.99 "S -3-E" �cc: I P.O.T. 11+57.94 "PR -Y"= 54 P.O.T. 37+50.00 "S -3-E" 110 52 P.O.T. 41+52.76 "PR -3" P.O.T. 35+54.09 "PR -3" LU LINE "PR -3" SECTION LINE 7 8 S 89°30'18" E 96TH ST. (LINE "S -3-E") 18 7 40+00 310.00' APP. EX. R/W a I C2 N 0°06'07" E I': � — P.O.T. 6+0RES. A REV'D R.P.K. 6-16-16 a 10+00 OWNER: PRECEDENT CO -INVESTOR, LLC DRAWN BY: K. I. CARR 4-7-2016 PARCEL: 5 CHECKED BY: T. J. COOMES 4-8-2016 . CODE: DES. NO.: 1400937 ZZ PROJECT: 1400937 n N ROAD: I i INSTRUMENT NO. 201400061222, DATED 7-1-2014 00 V• I ! — 70' INGRESS/ EGRESS EASEMENT 1 SECTION: 17 APPROXIMATE TEMP. R/W INST #84-75838 ` 17N. 309.99' RANGE: 4E. CD 6 k5 OP . S w � a as:~�+ C) LLJ ADVISORY WAY. 114G PsEtAe.10 fah 207. sa marts 2 38.77, — _.. o a, LINE "PR -Y" KEY NO • 49-02-17-174-003.000-800 U a N 0°06'07" E I': � — P.O.T. 6+0RES. A REV'D R.P.K. 6-16-16 a REV'D R.P.K. 4-19-16 OWNER: PRECEDENT CO -INVESTOR, LLC DRAWN BY: K. I. CARR 4-7-2016 PARCEL: 5 CHECKED BY: T. J. COOMES 4-8-2016 . CODE: DES. NO.: 1400937 ZZ PROJECT: 1400937 ROAD: 96TH ST. & PRIORITY WAY. INSTRUMENT NO. 201400061222, DATED 7-1-2014 COUNTY: MARION,.i 2` HATCHED AREA IS THE INSTRUMENT NO, 201400061224, DATED 7-1-2014 SECTION: 17 APPROXIMATE TEMP. R/W TOWNSHIP: 17N. RANGE: 4E. Form T-3 REV 2014 K 0 W Lu Wi 7 8 18 7 Project: 1400937 Code: NIA Parcel: 5 °and 5A Page 10 of 12 N EXHIBIT "B" SHEET 2 OF 2 RIGHT-OF-WAY PARCEL PLAT Prepared for the City of Carmel, Indiana 0 25 50 100 by United ConSUiting (Job No. 15-208) SCALE: 1" = 100' O PARCEL - 5 a I_ PARCEL 5A wI 96TH ST. 7 8 . — — — 18 7 310.00' % APP. EX. R/W S 89°30'18" E 96TH ST. APP. EX. R/W l I WEST LINE OF --WEST LINE OF r INST #201400061221 l " ( INST #201400061221 O 3 O i l � l Q: rvo owlI"– n L Lq a 35.00' l F , l lw F- S 89°54'47" E 1 l o 0 o C) n w "'V `' 49.00' C) w� ; "mi - n� ; r o �"4 S 89053'51" E o z,� " .,N ADVISORY WAY. ADVISORY WAY. y SS`s dew 27.72' N 0°06'09" E yN` 27.72' x's*'1; S 0°06'07" W. 49.00 o N 89 53'513" W a��, N 89°5353" WIC l KEY NO.: I 49-02-17-114-003.000-800 OWNER: PRECEDENT CO -INVESTOR, LLC DRAWN BY: R. P. KORNAUS 5-10-2017 PARCEL: 5 CHECKED BY: T. J. COOMES 5-10-2017 CODE: DES. NO.: 140093.7 PROJECT: ROAD: 1400937 96TH ST. & PRIORITY WAY, UMENT NO. 201400061222, DATED 7-1-2014 COUNTY: MARION ,-., HATCHED AREA IS THEUMENT NO. 201400061224, DATED 7-1-2014 SECTION: �,.,�;r 17 `" � ` APPROXIMATE TEMP. R/W L-.--. TOWNSHIP: 17N. RANGE: 4E. -- ... , m .,° ". --n ° Form T-3 REV 2014 Project: 1400937 Code: NIA Parcel: 5 and 5A Page 11 of 12 EXHIBIT "C" � � o ;! 5 x a h Form T-3 REV 2014 Project: 1400937 Code: NIA Parcel: 5 and 5A Page 12 of 12 r 3` eal45r _ m _ y� B t�f � � k � s G «, a $ J4� 1! — n ``�4y�*. ♦ x� taSw..we.wk vlh> MLYat 5�� F {per w aw_i•. - _.. kJY.kt ruy.i . � � � �_:-ad^^'.1IR.e'3^3F�.y�(4--.»M ��1� � Mk,_ �T. �,.,..' '•"Y4 '��` i- * ��Ts�y� ��... _i'i�C....29M� '. '� ,—. .:�' ��,.+�a�raw•swwNJ�'^'"-' �i�«r �, i { �r kkwyr�_ A.m i �.w`4a�.. � �«vw.w.wx.�:bmvr ""YYC *"e^".T�».w.» a"'. T' • �."'�.."'"#.a Ye£.�_.....«.e�,,, ,.: 4 � '� Y F s zz y°�' tO • i`'"C,_SaRt. ��r+ ^.Y.. 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