HomeMy WebLinkAboutOff-site Storm Easement _Recorded 09-30-202020069148 EASE $25.00
09/30/2020 03:36:21PM 7 PGS
Jennifer Hayden
Hamilton County Recorder IN PSI
Recorded as Presented
II II II II II II I I II I I I I I III
Cross Reference to Prior Deed of Record: Warranty Deeds, Instrument No. 2012-22601 and
Instrument No. 2003123339, in the Hamilton County, Indiana Recorder's Office
EASEMENT AGREEMENT ,
This Easement Agreement (the "Agreement") is made and entered into this Ci day of
c.+ok),?-<- , 201`1 by and between Billy Creek Associates, LLC an Indiana limited
liability company, ("Grantor") and the City of Carmel, Indiana ("Grantee").
RECITALS
A. Grantor owns certain real property (the "Grantor Parcel") located in Hamilton County,
Indiana, more particularly described as follows:
See Exhibit A attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's construction of an emergency overflow drainage
swale (the "Project"), requires a drainage easement over a portion of the Grantor Parcel which
temporary drainage easement area (herein referred to as the "Easement Parcel") is more
particularly described as follows:
See Exhibit B attached hereto and incorporated herein.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises and
covenants set forth herein, the parties hereto agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive,
easement over, under, through, across and upon the Easement Parcel for the purpose of drainage
over, under, across, upon and through the Easement Parcel, for and pursuant to which easement
Grantee shall have the right to make such alterations and improvements to the Project
improvements as Grantee deems may be necessary or useful (the "Easement").
2. Obliyations of Grantee. Subject to the terms described in Paragraph 1 hereof, and
the Project improvements on the Easement Parcel, Grantee shall restore the Easement Parcel, to
the extent practicable, to the condition as existed prior to the commencement of the Project, or
maintenance, repair, or replacement thereto. Grantee shall install, maintain, repair, replace and
service the Project improvements at Grantee's sole cost and expense.
3. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs,
successors and assigns, and all others to whom Grantor may grant rights or easements, the right to
832363_1
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use the Easement Parcel for any and all purposes and uses not inconsistent with the foregoing
Easement and/or Grantee's rights and privileges thereunder.
4. Obligations of Grantor. Grantor shall have the right to fully use and enjoy the
Easement Parcel except for such use as may impair, impede or unreasonably interfere with the
exercise by Grantee of the rights granted herein. Grantor shall not block, impede or interfere with
the Project improvements or Grantee's access thereto and shall keep the Easement Parcel free of
any and all structures and improvements other than those installed by Grantee and/or consented to
by Grantee (which consent shall not be unreasonably withheld, conditioned or delayed).
5. Easement and Covenants Appurtenant. The easement granted, created and made
herein, together with the benefits and privileges thereof, shall run with the Grantor Parcel and inure
to the benefit of Grantee and its grantees, successors and assigns. The easement granted, created
and made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel,
and shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of
the Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Easement Parcel and the Grantor Parcel, as
applicable, shall run with the Easement Parcel and the Grantor Parcel, and shall inure to the benefit
of and be binding upon Grantor and Grantee, as applicable, and their respective grantees,
successors and assigns. All covenants and agreements hereunder may be enforced by an action
for specific performance, and in the event that a party breaches any such covenant or agreement,
the other party may further exercise any remedy available hereunder, at law or in equity, and
recover from the breaching party all amounts expended in connection with exercising any such
remedy (including without limitation, court costs and reasonable attorneys' fees).
6. Termination of Easement. This Easement Agreement shall automatically terminate,
become null and void and of no further force and effect upon the recordation of a secondary plat
approved by Grantee that accounts for drainage for the benefit of Grantee over the Easement Parcel
and upon the terms contained in this agreement. Upon such recordation, the Easement shall be
automatically released, extinguished, become void and revert to the Grantor without recordation
of any additional documents. Either party may request the other party to execute a termination of
this Easement Agreement to be recorded contemporaneously with or after the recording of the
secondary plat, and the other party shall execute the same.
7. Environmental Matters. The Grantor covenants and represents that to the best of
its knowledge, information and belief, that the Grantor Parcel is not presently the subject of, nor
under the threat of, any federal, state or local environmentally related lien, proceeding, claim,
liability or action. The Grantor agrees that, as between the Grantor and the Grantee, the acceptance
of this Agreement by the Grantee shall not increase the liability of the Grantee for environmentally
related claims arising from or related to conditions on the Grantor Parcel prior to the acceptance
of this Agreement.
8. Mechanics' Liens. Grantee agrees to promptly discharge (or cause to be discharged)
all mechanic's, laborer's, materialmen's, supplier's or vendor's liens arising out of or connected
with the construction, installation, maintenance and/or repair activity in the Easement of any
improvements or activities by or through Grantee in, on or about the Easement.
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9. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless from
and against all damages, obligations, losses, claims, civil actions, costs or expenses, including
reasonable attorneys' fees, arising out of the Grantee's use of the Easement.
10. Condition of Easement Parcel. Grantee hereby accepts the Easement subject to all
easements, conditions and restrictions of record and in its "AS -IS, WHERE -IS" condition, with all
faults and without any representation or warranty of any kind, express or implied, by Grantor,
including, without limitation, any warranty of fitness for a particular purpose.
11. Jurisdiction. The Grantor and the Grantor agree that any litigation associated with
or arising from this Agreement shall be filed with a court of competent jurisdiction within the State
of Indiana.
12. Other Obli ati�ons. The Grantor agrees that this Agreement shall not transfer to the
Grantee any past, present or future obligation(s) of the Grantor to be responsible for, or to pay, any
tax, assessment, or fee whatsoever that is associated with or related to the Grantor Parcel.
13. Amendment. The Grantor and the Grantee agree that this Agreement shall only be
modified or released by the express, written consent of both the Grantor and the Grantee. Said
consent, when duly recorded, shall run with the real estate.
14. Complete Understanding. The Grantor and the Grantee agree that this Agreement,
and the documents incorporated herein, represent the entire understanding between the Grantor
and the Grantee as regards the subject matter hereof.
15. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana, except for its conflict of laws provisions.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR
GRANTEE
Printed: E le-F B Kam; << 1+ r Printed:
Title: Title:
832363_1
Exhibit "A"
30' Wide Drainage Easement
GRAPHIC SCALE
100' 0 50' 100'
( IN FEET )
1"=100FT
L=117.65', R=347.50'
A=19°23'53"
L=57.04', R=1 I2.50'
A=29°03'06"
N00°22'10"W
15.99,
L=15.72', R=10.00'
A=90°03'S9"
N89°41'49"E
75.93'
N89°37'50"E
30.00'
Point of Beginning
S69°3T50"W 366.70'
L�2.35', R=85.00'
L=28.30', R=39.00'
'10"E
A=42*01'43"
A=41°34'08"
15,99,
15.99'
S55°09'S40'
N82°4911"E
p33gAe
51.7T
N34°50'54"E
L�2.88', R�0.00'
30.00'
A�0°03'59"
Ir107.49', R=317.50'
S89°41'49"W
A=19°23'S3"
75.93'
L-41.83', R=82.50'
N55°09'06"W
A=29°03'06"
5.40'
S82°49' 11 "W
51.7T
L=50.06', R�9.00'
i r84.36', R=115.00'
A=41 °34'OS"
A�42°01'43"
S.E. COR, SE 1/4,
SEC. 34, T.IBN., ME.
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JOB NO. 60160HAM-S2 PAGE
S T 0 E P P E L W E R T H DRAWN BY: JAB 1
' ALWAYS ON CHECKED BY: EES 1 \ �J
1965 Eca 106th Suatl, Fsbxs, IN 46038-2505 DATE DRAWN: 07/24/2019
phoro: 317.6195935 In: 3173495942
FIEI-DWONKDATE: OF 2 SHEETS
Exhibit "A"
30' Wide Drainage Easement
DRAINAGE EASEMENT
A part of the Southeast Quarter of Section 34, Township 18 North, Range 03 East, Clay Township, Hamilton County, Indiana more
particularly described as follows:
Commencing at the Southeast comer of said Quarter Section; thence North 00 degrees 20 minutes 13 seconds East along the East line
of said Quarter Section a distance of 982.37 feet to the Northeast corner of the 10 acre tract described in Instrument Number 922718 in
the Office of the Recorder for Hamilton County, Indiana; thence South 89 degrees 37 minutes 50 seconds West along the North line of
said land a distance of 366.70 feet to the POINT OF BEGINNING of this description; thence South 00 degrees 22 minutes 10 seconds
East a distance of 15.99 feet to a point on a curve concave northwesterly, the radius point of which bears South 89 degrees 37 minutes
50 seconds West a distance of 40.00 feet from said point; thence southwesterly along said curve an arc length of 62.88 feet to a point
on said curve, said point being South 00 degrees 18 minutes I 1 seconds East a distance of 40.00 feet from the radius point of said
curve; thence South 89 degrees 41 minutes 49 seconds West a distance of 75.93 feet to a point on a curve concave southerly, the radius
point of which bears South 00 degrees 18 minutes I 1 seconds East a distance of 317.50 feet from said point; thence westerly along said
curve an arc length of 107.49 feet to a point on said curve, said point being North 19 degrees 42 minutes 03 seconds West a distance of
317.50 feet from the radius point of said curve to a point on a non -tangent curve concave southeasterly, the radius point of whicb bears
South 19 degrees 41 minutes 51 seconds East a distance of 82.50 feet from said point; thence southwesterly along said curve an arc
length of 41.83 feet to a point on said curve, said point being North 48 degrees 44 minutes 57 seconds West a distance of 82.50 feet
from the radius point of said curve, said point also being the point of reverse curvature of a curve concave northwesterly, the radius
point of which bears North 48 degrees 44 minutes 57 seconds West a distance of 69.00 feet from said point thence southwesterly along
said curve an arc length of 50.06 feet to a point on said curve, said point being South 07 degrees 10 minutes 49 seconds East a distance
of 69.00 feet from the radius point of said curve; thence South 82 degrees 49 minutes 11 seconds West it distance of 51.77 feet m a
point on a curve concave northerly, the radius point of which bears North 07 degrees 10 minutes 49 seconds West a distance of 115.00
feet from said point thence westerly along said curve an arc length of 84.36 feet to a point on said curve, said point being South 34
degrees 50 minutes 54 seconds West a distance of 115.00 feet from the radius point of said curve; thence North 55 degrees 09 minutes
06 seconds West a distance of 5.40 feet thence North 34 degrees 50 minutes 54 seconds Basta distance of 30.00 feet thence South 55
degrees 09 minutes 06 seconds East a distance of 5.40 feet to a point on acme concave northerly, the radius point of which bears
North 34 degrees 50 minutes 54 seconds East a distance of 85.00 feet from said point thence easterly along said curve an arc length of
62.35 feet to a point on said curve, said point being South 07 degrees 10 minutes 49 seconds East a distance of 85.00 feet from the
radius point of said curve; thence North 82 degrees 49 minutes 11 seconds East a distance of 51.77 feet to a point on a curve concave
northwesterly, the radius point of which bears North 07 degrees 10 minutes 49 seconds West a distance of 39.00 feet from said point
thence northeasterly along said Hove an arc length of 28.30 feet to a point on said curve, said point being South 48 degrees 44 minutes
57 seconds East a distance of 39.00 feet from the radius point of said curve, said point also being the point of reverse curvature of a
curve concave southeasterly, the radius point of which bears South 48 degrees 44 minutes 57 seconds East a distance of 112.50 feet
from said point thence northeasterly along said curve an are length of 57.04 feet to a point on said curve, said point being North 19
degrees 41 minutes 51 seconds West a distance of 112.50 feet from the radius point of said curve to a point on a non -tangent curve
concave southerly, the radius point of which bears South 19 degrees 42 minutes 03 seconds East a distance of 347.50 feet from said
point; thence easterly along said curve an arc length of 117.65 feet to a point on said curve, said point being North 00 degrees 18
minutes 10 seconds West a distance of 347.50 feet from the radius point of said curve; thence North 89 degrees 41 minutes 49 seconds
East a distance of 75.93 feet to a point on a curve concave northwesterly, the radius point of which bears North 00 degrees 18 minutes
11 seconds West a distance of 10.00 feet from said point; thence northeasterly along said curve an arc length of 15.72 feet to a point on
said curve, said point being North 89 degrees 37 minutes 50 seconds East a distance of 10.00 feet from the radius point of said curve;
thence North 00 degrees 22 minutes 10 seconds West a distance of 15.99 feet to the North line of the aforementioned 10 acre tract
thence North 89 degrees 37 minutes 50 seconds East along said North line a distance of 30.00 feet to the Point of Beginning,
Containing 0,319 acres, more or less.
"0%%tlll 1111//////
E. STR9
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, No.20200057
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v STATE OF rt
Bruce E. Strack Date: July 24, 2019
%� <`!Np1ANj��
Professional Land Surveyor
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IndanaNo 2 OOOS
TIES DRAWING IS NOT INTENDED TO BE
REPRESENTED AS A RFIRACEMENr OR
ORIGINAL BOUNDARY SURVEY, A ROUTE
SURVEY OR A SURVEYOR LOCATION
REPORT.
S T O E P P E L W E R T H
' ALWAYS ON
79(S Emt IOUh Straw, Fahws, IN 4608-2505
0h :317.8495935 IM:317.8495942
JOB NO, 60160HAM-S2
PAGE
\)
L/mod
OF 2 SHEETS
DRAWN BY: JAB
CHECKED BY: BES
DATE DRAWN: 07/24/2019
FIELDWORK DATE:
1 �
Approved and Adopted this day of ✓ ` 120
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
��rf es Brainard, Presiding Officer
Date: ,3n Z,
Mary Anyf Burke, M r/
Date: /
Lori S. Watson, Member
Date: ' 1
ATTEST:
Christine\S. Pauley, Clerk-Tlreasurer
Date: / / /0 //
STATE OF INDIANA )
) SS:
COUNTY OF_s )
Before me, a Notary Public in and for said County and State, personally appeared
,(L� ,//&ie Grantor, and who, having been duly sworn, acknowledged the truth and
accuracy of the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this % /i day of j� 20L1
My commission expires:
Notary P61ic
I am a resident of %4%' ' c',t - County, Indiana r�
w'a �ii I
Printed N me
,�tPRY-pGe%, Karen E. Taylor
'? NOTARY b s Hamilton County
STATE OF INDIANA ) sE Commission: 711205
SS: '''9 ;,TAN\P O Expires: March 7, 2026
t3a:6 COUNTY OF )
���,n�,„,rO�Befo a me, a Notary Public in and for said County and State, personally appeared
UxIi �wo�u�l 1QY �q,I,j, the Grantee, and who, having been duly sworn, acknowledged the truth and
accuracy of the reel resentations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this ►vt= day of
My commission expires: tO _
1`
I am a resident of County, Indiana
This instrument was prepared by Douglas C. Haney. Carmel City Attorney, City Hall, One Civic
Square, Carmel, Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number in this document, unless it is required by law. Douglas C. Haney
832363_1
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