HomeMy WebLinkAboutBader_-_Giddens_Easement_-_Utilities; Water Line Easement; P.E. Wessler Engineering, Inc.DocuSign Envelope ID: A7F9746E-7DB6-4267-AAA4-0745A105AD1.:E
f nprrovod By
Prior Deed Reference: Instrument No 2015030337, in
the Recorder's Office for Hamilton County, Indiana
WATER LINE EASEMENT AGREEMENT
This Water Line Easement Agreement (the "Agreement") is made and entered into this 4th day of
September, 2020, by and between Kathryn N. Bader, Matthew C. Giddens and Kathryn N. Bader, as
Personal Representative of the Estate of Charles E. Myers (collectively, the "Grantor"), and the City of
Carmel, Indiana, acting by and through its Board of Public Works and Safety ("Grantee").
RECITALS:
A. Grantor is the owner of certain real property located at 1512 E. 1061h Street, Hamilton
County, Indiana ("Grantor's Property") more particularly described in Exhibit 1 attached hereto and
incorporated herein.
B. Grantee, in connection with Grantee's improvement/construction of the Home Place Water
Main Extensions (the "Project") requires a permanent, exclusive easement over, through, under, upon and
across that portion of Grantor's Property more particularly described and depicted on Exhibit A and Exhibit
B attached hereto and incorporated herein, (the "Easement Property_") to provide for the laying, installing,
constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility
lines, and all associated valves, pumps, fittings, meters, accessories and equipment on, over, through, under,
upon and across the Easement Property (the "Improvements").
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated
herein by reference and the mutual covenants and agreements hereinafter set forth and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual
easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering,
repairing, replacing and removing the Improvements on, over, through, under, upon and across the
Easement Property. Grantee shall have the right to: (a) remove from the Easement Property, without liability
for replacement or repair (except as provided in paragraph 2 of this Agreement), any fences, structures,
asphalt or concrete paving, curbing or other improvements, trees, bushes, earth berming, landscaping and
other structures that exist prior to, at the time of, or after Grantee's acquisition of such easement; and (b)
make such alterations and improvements to the Easement Property as Grantee deems may be necessary or
useful in the exercise of Grantee's rights hereunder. If the Improvements are installed in good faith in a
location other than the location that is described and depicted in Exhibit A and ExhibitB then, and in that
event, the Easement Property defined herein shall be revised to include that strip of land that is centered on
the line or equipment as installed, and in such an event, Grantor and Grantee shall join in the execution and
acceptance of an appropriate substitute easement instrument if either Grantor or Grantee shall deliver to the
other a written request for such a substitute easement instrument. Grantee shall also have the right of ingress
and egress over, under, upon and across the Grantor's Property for purposes of access to the Easement
Property. The easement also includes the rights and privileges to temporarily use, from time to time,
additional space on the Grantor's Property, where available and necessary, for equipment and materials
necessary for the installation, repair and maintenance of the Improvements located in, under, upon, over,
and/or across the Easement Property, to do all acts and things requisite and necessary for the full enjoyment
of the easement hereby granted, and for nearby property owners, their grantees,
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successors, agents, or employees, to connect the premises of such nearby property owners by service pipes
to the Improvements installed by Grantee within the Easement Property, provided such nearby property
owners, their grantees, successors, agents, or employees restore the portion of the Grantor's Property
disturbed by their work to a condition that is as near the condition that existed just prior to the time the
portion was disturbed by them as is practicable.
2. Obligations of Grantee. Grantee shall maintain, repair, replace and service the
Improvements. Subject to the location of the Improvements on the Easement Property, upon completion of
the Project, Grantee shall repair and replace any damaged driveways, paths, sidewalks or parking areas on
the Easement Property, and Grantee shall seed the affected portion of the Easement Property. Grantee shall
not be obligated to restore any landscaping, trees, vegetation or similar items and shall have no other repair
obligations other than as set forth herein.
3. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement
Property for any and all purposes and uses not inconsistent with the foregoing easement; provided, however,
Grantor shall not erect or maintain any permanent structures, obstructions, or other improvements under
and/or upon the surface of or over the Easement Property or perform any act which would impair or interfere
with Grantee's use and enjoyment of the Easement Property or the easement herein granted. The
immediately preceding sentence prohibits (among the other prohibitions effected by it) the erecting or
maintaining in the Easement Property of any earthen mound or series or system of earthen mounds.
4. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence,
structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee).
Grantor shall mow and care for the grass located within the Easement Property. Grantor shall not block,
impede or interfere with the Improvements or Grantee's access to or use of the Easement Property.
5. Easement and Covenants ApRurtenant. The easement granted, created and made herein,
together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, inure
to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees,
successors and assigns.
6. Environmental Matters. Grantor covenants and represents that to the best of its knowledge,
neither the Grantor's Property nor the Easement Property is presently the subject of, nor is there the threat
of any federal, state or local environmentally related lien, proceeding, claim, liability or action. Grantor
agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee shall not increase
the liability of Grantee for environmentally related claims arising from or related to (i) conditions on the
Grantor's Property or the Easement Property prior to the acceptance of this Agreement; (ii) acts of Grantor
or any other third party; or (iii) conditions on the Grantor's Property or the Easement Property not created
by Grantee.
7. Other Obli-ations. Grantor agrees that this Agreement shall not transfer to Grantee any past,
present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee
associated with or related to the Grantor's Property or Easement Property.
8. Waiver. Waiver by either party of any one default hereunder will not be deemed to be a
waiver of any other default under this Agreement. Any remedy or election under this Agreement will not
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be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other remedies
at law or in equity.
9. Amendment. Grantor and Grantee agree that this Agreement shall only be modified or
released by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded,
shall run with the Grantor's Property and the Easement Property.
10. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to
the subject matter hereof, and all prior agreements, communications and negotiations between the parties,
either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated, modified,
or amended only by a writing signed by the parties, and no agreement or consent of any other persons shall be
necessary for such tennination, modification, or amendment.
11. Governing Law. This Agreement will be governed by and construed in accordance with the
laws of the State of Indiana. Any litigation associated with or arising from this Agreement shall be filed
with a court of competent jurisdiction within Hamilton County, Indiana.
12. Notice. Any and all notices, demands, requests, submissions, approvals, consents, or other
communications or documents required to be given, delivered or served or which may be given, delivered
or served under or by the terms and provisions of this Agreement or pursuant to law or otherwise, shall be
in writing. All notices shall be either (a) sent by overnight delivery using a nationally recognized overnight
courier, in which case notice shall be deemed delivered one business day after deposit with such courier,
(b) sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed delivered
two business days after deposit in such mails, or (c) sent by personal delivery, in which case notice shall be
deemed delivered upon receipt or refusal of delivery. All notices shall be addressed to the respective parties
as follows:
If to Grantee: City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: Corporation Counsel
With a copy to: City of Carmel
30 W. Main Street
Suite 220
Carmel, Indiana 46032
Attn: Director of Utilities
If to Grantor: Kathym N. Bader, Matthew C. Giddens, Charles E. Myers
1512 E. 1 W' Street
Carmel, IN 46032
13. Severabil�. If any term, covenant, condition or provision of this Agreement or the
application thereof to any person or circumstance, shall at any time or to any extent be held invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby,
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and each such term, covenant, condition and provision of this Agreement shall continue to be valid, binding
and enforceable to the fullest extent permitted by law.
14. All h ri . The person(s) executing this instrument on behalf of Grantor hereby represent that
they have the authority to bind Grantor to the terms and conditions set forth herein and that all necessary action
therefore has been taken. Grantor further represents and warrants to Grantee that Grantor is the fee simple
owner of the Easement Property; that Grantor has the right to grant this casement; that Grantor guarantees
the quiet possession of the Easement Property to Grantee; that the Easement Property is free of any liens or
encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the. date of
execution hereof, appears of public record; no approval of any other party is necessary for the granting of
this Agreement or to the extent necessary has been obtained by Grantor; and that, subject to the foregoing,
Grantor will warrant and defend Grantee's title to the easement granted herein against all claims thereon.
[Signature pages to follow]
KD_(! 0708090.3).docx
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IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement
as of the day and year first above written.
GRANTOR:
Kathryn N. Ba
By: - - -
Printed: N
Matthew C. Giddy
By;..l�
Printed: � �'�W C V't ems
KathEn N. Bader Personal Representative of the Estate
STATE OF i i OA )
SS:
COUNTY OF 0 )
Before me, a Notary Public in and for said County and State, personally appeared
&tU I Ct1 a d , the XlWA X'S of 1512 E. 1061"
Street, Carmel, IN 46032 and who having been duly sworn acknowledged execution of the foregoing
"Water Line Easement Agreement" for and on behalf of said entity.
Witness my hand and Notarial Seal this 4 day of 2020.
MY Commiss. n No./Expiration:
ill �181 N/Uh'( -r�by3 _ a rP
M County of Residence:
Form as of August 26, 2020
Printed
DocuSign Envelope ID: A7F9746E-7DB6-42(i/-AAA4-ui4t)AIu:)AUL L
EXECU'TED AND DELI "EKED in my presence:
Witness Signature
Andrew D. Gordon P,E. Wessler Engineering, Inc.
Witness Printed Name
STATE OF )
SS:
COUNTY OF �Q)
Before me, a Notary Public in and for said County and State, personally appeared Andrew D.
Gordon, being known to me to be the person whose name is subscribed as a witness to the foregoing
instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and
delivered by Kath n _ N. Bader _ the
_ owner of 1512 E. 106t' Street, Carmel, IN 46032
in the above -named subscribing witness's presence, and that the above -named subscribing witness is not a
party to the transaction described in the foregoing instrument and will not receive any interest in or proceeds
from the property that is the subject of the transaction.
WITNESS my hand and Notarial Seal this L� day of )2020.
My Comm>< sion No./Expiration:
My County of Residence:
_1009—
I� �F '.....�A,
Y� F�` � I A N,& J
A
SEAL
No a Pu Ii
69
Printed
Form as of August 26, 2020 6
DocuSign Envelope ID: A7F9746E-7DB6-4267-AAA4-U745A1U5AUC:t
EXECUTED AND DEL IVERED in my presence:
LW,. ;4WO
WitneA Signature
Andrew D. Gordon, P.E. Wessler Envineerin:;, Inc._
Witness Printed Name
STATE OF )
SS:
COUNTY OF O
Before me, a Notary Public in and for said County and State, personally appeared Andrew D.
Gordon, being known to me to be the person whose name is subscribed as a witness to the foregoing
instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and
delivered by Matthew C. Giddens the
owner of 1512 E.106111 Street, Carmel, IN 46032
in the above -named subscribing witness's presence, and that the above -named subscribing witness is not a
party to the transaction described in the foregoing instrument and will not receive any interest in or proceeds
from the property that is the subject of the transaction.
WITNESS my hand and Notarial Seal this _ day of R� ) 2020.
My Commission No./Expiration:
11WM01N,/O7`1a•��3
My County of Residence:
MW an
Notar ub is
�Wi�k La
Printed
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DocuSign Envelope ID: A7F9746E-7DB6-4261-AAA4-Uf4bA1UbAL)Ut
GRANTEE:
THE CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
DoeuSipned by:
By: ,GUtitf $ �I^ar4taY�
972 FS218DBA3
amesBrainard, Mayor
Date: 12/3/2020
r—Dacuftnad by:
By: Awl,. `5 9" ft�
BgV�Tftn Burke, Member
Date: 12/3/2020
By: GD—Signed by:
vi U► w
"L70di` T'Watson, Member
Date: 12/3/2020
ATTEST:
D—Slgned by:
Sup, (�o�f
ue ifiang, Clerk
Date: 12/3/2020
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON }
Before me, a Notary Public in and for said County and State, personally appeared Mayor James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be members of the City of Cannel's Board
of Public Works and Safety and Sue Wolfgang, Clerk of the City of Carmel, who acknowledged execution
of the foregoing Water Line Easement Agreement on behalf of the City of Carmel.
Witness my hand and notarial seal, this 3
My Co mission No./Expiration:
� -a7-
My Co my of P esidence.
=jenniferlI Stitesl State of.lndjanaCountyber Np0723135pires 1012212027
Fomi as of August 26, 2020
day M C2020.
•
Printed
T#y Iiutc
DocuSign Envelope ID: A7F9746E-7DB6-4267-AAA4-0745A1U5ADC:t
EXECUTED AND DELIVERED in my presence:
— Docuftmd by:
ZDDiesaacee y....
Witness signature
Jacob Quinn
Witness Printed Name
STATE OF INDIANA }
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State, personally appeared
.3=b �Ix1 f] j1 , being known to me to be the person whose name is subscribed as a
witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the foregoing
instrument was executed and delivered by Mayor .lames Brainard, Mary Ann Burke and Lori Watson, by
me known to be the Members of the City of Camel Board of Public Works and Safety, and Sue Wolfgang,
Clerk of the City of Carmel, in the above -named subscribing witness's presence, and that the above -named
subscribing witness is not a party to the transaction described in the foregoing instrument and will not
receive any interest in or proceeds from the property that is the subject of the transaction.
WITNESS my hand and Notarial Seal this � day of bW , 2020.
My Commission No./Expiration:
�I :_- z 1
My Cqupty- of Retsidence:
Jennifer I Stites
Notary Public Seal State of Indiana
Hamilton County
Commission Number NP0723135
This instrument was prepared by Andrew D. Gordon, P.E., Wessler Engineering, Inc.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social
Security number from this document, unless it is required by law. [Andrew D. Gordon, P.E. Wessler
Engineering]
Form as of August 26, 2020
DocuSign Envelope ID: A7F9746E-7DB6-4267-AAA4-0745A105ADGE
EXHIBIT 1
1512 E. 1061h St.
Grantor's Property
7—
I
r
L '4
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DocuSign Envelope ID: A7F9746E-7DB6-4267-AAA4-0745A1O5ADCE
EXHIBIT "A"
EASEMENT
FIFTEEN FEET BY PARAUEL LINES OFF OF THE ENTIRE SOUTH SIDE OF THE FOLLOIMNG DESCRIBED
REAL ESTATE:
LOT 11 IN BAILEY'S HAMILTON HIGHLANDS, FIRST SECTION, AS RECORDED DECEMBER 30, 1949 IN
DEED BOOK 134, PAGES 547-548 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA.
CONTAINING M036 ACRES (1.375 SQUARE FEED. MORE OR LESS.
I, RONALD L. NOLAN, A REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA, DO HEREBY
CERTIFY THAT THIS DESCRIPTION WAS PREPARED FROM INFORMATION OBTAINED FROM
INSTRUMENT NUMBER 2018001611 AND DEED BOOK 134, PAGES 547-548, AS RECORDED IN
THE HAMILTON COUNTY RECORDERS OFFICE. NO FIELDWORK WAS PERFORMED AND THEREFORE,
THIS DESCRIPTION IS SUBJECT TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A FIELD
SURVEY MIGHT REVEAL.
No. o'
SO 439
,P STATE Of <�a
,�0 ��NBi ANA•' �.
w
WESSLER
ENGINEERING
More than a Project'
RONALD L. NOLAN
INDIANA LAND SURVEYOR
NO. LS SO 439
DocuSign Envelope ID: A7F9746E-7D66-4267-AAA4-0745A105ADGE
ROAD: 106TH ST EXHIBIT „B" CHE DRAWN BY.
BY. RLN4-28-2020
PROJECT: WATER MAIN - - SCALE: 1"=60'
COUNTY: HAMILTON EASEMENT EXHIBIT
SECTION: 1
TOWNSHIP: 17 NORTH OWNER: KATHRYN N. BADER, MATTHEW C. GIDDENS, AND CHARLES E. MYERS
RANGE: 3 WEST
RECORD DOCUMENT: INSTRUMENT NUMBER 2018001611
PARCEL NUMBER: 17-13-01-04-08-018.000
0 30 6_-D 120 FT ® HATCHED AREA IS THE
f � - -- _ APPROXIMATE EASEMENT
SCALE 1'=60' NORTH
KAT,RWw�
MATS C. � AND
CKWnLWYM
BAILEYS HAMILTON HIGHLAND,
FIRST SECTION
D.B. 134, PQ 547-50
LOT 11
m
�n
105,
25' R/W PER PLAT 106TH STREET
NO FIELDWORK WAS PERFORMED AND THEREFORE, THIS DESCRIPTION
�� �/� IS SUBJECT TO ANY OVERLAPS, GAPS OR INCONSISTENCIES THAT A
O� ¢ ��5 TFRFo �9% FIELD SURVEY MIGHT REVEAL, THIS PLOT WAS PREPARED FROM
;yam INFORMATION OBTAINED FROM INSTRUMENT NUMBER 2018001611
AN
* SO 439 HAMIDDEED BOOK LTON COUNTY 134 PAGES RECORDER'S OFFICE. B, AS RECORDED IN THE
STATE OF 0;�'- 22t� VIrESSLER
L. RONALD LNOLAN DATE 04/28/2020 I' ENGINEERING
REG. LAND SURVEYOR NO. SO 439 More than a ProjectTM
STATE OF INDIANA