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Home My WebLink AboutTemporary Path Construction Easement Agreement2021043486 EASE $25.00 06/11/2021 02:13:12PM 9 PGS Jennifer Hayden Hamilton County Recorder IN PSI Recorded as Presented II II II II II I I I II I I I I I II II Prior Deed Reference: Instrument No. 2019014757 TEMPORARY PATH CONSTRUCTION EASEMENT AGREEMENT This Temporary Path Construction Easement Agreement (the "Easement Agreement") is executed this 261' day of May, 2021 by and between Albany Place Homeowners Association, Inc., an Indiana corporation ("Grantor") and Lamb Property Developer, LLC, an Indiana limited liability company ("Grantee"). WHEREAS, Grantee is the fee simple owner of the property described in Exhibit A attached hereto and incorporated by reference, which property is located in the City of Carmel, Hamilton County, Indiana (the "Grantee Property"); WHEREAS, Grantor is the fee simple owner of the property described in Exhibit B_ attached hereto and incorporated by reference, which property is located in the City of Carmel, Hamilton County, Indiana (the "Temporary Path Construction Easement Property"); WHEREAS, Grantor is desirous of granting a temporary path construction easement over and across the Temporary Path Construction Easement Property for the benefit of and to provide Grantee the right to construct a path on the Temporary Path Construction Easement Property pursuant to the terms and conditions of this Easement Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee agree to the following: 1. The above recitals are hereby incorporated in this Easement Agreement as if fully set forth herein. 2. Grantor hereby grants to Grantee a temporary path construction easement over and across the Temporary Path Construction Easement Property for the benefit of the Grantee Property pursuant to the terms and conditions of this Easement Agreement (the "Temporary Path Construction Easement'). Grantee shall design and construct an asphalt path across the Temporary Path Construction Easement Property in a specific location that is approved prior to construction by City of Carmel (the "Path Extension"). 1 3. The Temporary Path Construction Easement shall automatically terminate at the earlier of (a) the completion of construction of the Path Extension by Grantee, or (b) December 31, 2023. 4. After construction of the Path Extension has been completed by Grantee, Grantor hereby agrees that it will maintain the Path Extension in the same manner as how Grantor maintains the currently existing path located on the portion of Grantor's property located adjacent to the Temporary Path Construction Easement Property that the Path Extension will connect to. 5. This Easement Agreement and all rights, obligations, covenants and agreements contained herein shall be binding upon and inure to the benefit of the heirs, executors, successors, and assigns of the parties hereto and shall run with the land. 6. All exhibits referred to herein and attached hereto shall be deemed part of this Easement Agreement. 7. If any term, provision or condition contained in this Easement Agreement shall, to any extent be invalid or unenforceable, the remainder of this Easement Agreement shall not be affected, and each term and provision of this Easement Agreement shall be valid and enforceable to the fullest extent permitted by law. 8. The Easement Agreement created hereunder shall not be merged or be deemed to be merged into the fee interest in the Grantor or its successors or assigns. 9. Grantor represents and warrants to Grantee that (a) Grantor owns fee simple title to the Temporary Path Construction Easement Property, (b) Grantor has full right, power and authority to grant to Grantee the Temporary Path Construction Easement, and (c) there are no mortgages, deeds of trust, security interest, liens or other encumbrances of any kind that could have any adverse effect on the use of the Temporary Path Construction Easement. 10. This Easement Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof. This Easement Agreement shall not be amended, modified or supplemented except by an instrument recorded in the Office of the Recorder of Hamilton County, Indiana duly executed by Grantor and Grantee. 11. All notices given under this Easement Agreement shall be in writing and sent by prepaid certified mail, return receipt requested, or by a nationally -recognized overnight courier, addressed to Grantor at Albany Place Homeowners Association, Inc., 9757 Westpoint Drive, Suite 600, Indianapolis, Indiana 46256; and to Grantee at Lamb Property Developer, LLC, 9757 Westpoint Drive, Suite 600, Indianapolis, Indiana, 46256. Notices shall be deemed given upon the date indicated on written confirmation of receipt by the receiving party if sent via certified mail or twenty- four (24) hours after notice is given to a courier for overnight delivery. Either party, 2 upon written notice, may change the address to which notices are to be mailed from time to time to the other party. 12. If either party fails to cure a default under this Easement Agreement within fifteen (15) days after receiving notice of such default (or such longer period as shall be reasonably necessary to cure such default so long as the defaulting party commences to cure such default within such fifteen -day period and thereafter diligently pursues such cure to completion), the non -defaulting party shall be entitled to any and all available remedies, including but not limited to, specific performance. 13. This Easement Agreement shall be recorded in the Office of the Recorder of Hamilton County, Indiana. *Signatures Appear on Following Pages* 3 IN WITNESS WHEREOF this Easement Agreement has been entered into on the day and year first mentioned above. STATE OF INDIANA SS: COUNTY OF HAMILTON GRANTOR Albany Place Homeowners Association, Inc. Steven R. Edwards Secretary Before me, a Notary Public in and for said County and State, personally appeared Steven R. Edwards, Secretary of Albany Place Homeowners Association, Inc., and acknowledged the execution of the foregoing Temporary Path Construction Easement Agreement for the uses and purposes therein set forth. Witness my hand and Notarial Seal this 26 h day of May, 2021. My Commission Expires: Residing in County A/ r , Notary Pu lice w Printed Name: 1p' STACY A. SINGER i �; Boone County My Commission Expires ,; October 19, 2023 4 STATE OF INDIANA SS: COUNTY OF HAMILTON GRANTEE Lamb Property Developer, LLC 44, Steven R. Edwards Vice President — Chief Financial Officer Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Steven R. Edwards and known to me to be the Vice President — Chief Financial Officer of Lamb Property Developer, LLC, and acknowledged the execution of the foregoing Temporary Path Construction Easement Agreement for the uses and purposes therein set forth. WITNESS my hand and notarial seal this 20' day of May, 2021. STACY A. SINGER Norway*: Boone County11 My Commission Expires !ro�R�• October— 2023 My Commission Expires: Residing in County Notary �ublic Printed Name: t ' fit rj y This instrument was prepared by Steven R. Edwards, Lamb Property Developer, LLC, 9757 Westpoint Drive, Suite 600, Indianapolis, Indiana 46256. 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. Steven R. Edwards 5 EXHIBIT A LEGAL DESCRIPTION — GRANTEE PROPERTY A part of the Northwest Quarter of the Northwest Quarter of Section 20, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, being a part of the William Lamb property described in Instrument Number 2018037539 in the Recorders Office of Hamilton County, Indiana and being described as follows: Beginning at the Northeast corner of a tract of real estate conveyed to Hamilton County, Indiana, as described in Instrument Number 2018037540, said point being along the North line of said Quarter section, North 89 degrees 36 minutes 02 seconds East, 513.36 feet, from the Northwest corner of said Northwest Quarter, marked by a Harrison monument; thence continue along said North line, North 89 degrees 36 minutes 02 seconds East 811.71 feet to the Northeast corner of said Quarter -Quarter section, also being the Northwest corner of Tallyn's Ridge subdivision as per plat thereof recorded in Instrument Number 2016048354; thence along the west line of said subdivision and east line of said quarter - quarter, South 00 degrees 04 minutes 02 seconds West, 1314.83 feet to a capped rebar at the Southeast corner of said quarter -quarter (said point also being the Southwest corner of said Tallyn's Ridge subdivision and the Northeast corner of Albany Place Section 2 as per plat thereof recorded as Instrument Number 2018050330 in said Recorders office); thence along the South line of said quarter -quarter section (and north line of said Albany Place Section 2 and the North line of Haskell property described in Instrument Number 9427730), South 89 degrees 36 minutes 47 seconds West, 1325.57 feet to a point on the West line of said Northwest Quarter; Also being Southwest corner of said quarter -quarter section thence along said West line, North 00 degrees 05 minutes 20 seconds East, 789.55 feet to the Southwest corner of said Hamilton County property; thence along the Eastern boundary thereof the following nine (9) courses: 1) South 89 degrees 53 minutes 48 seconds East, 10.87 feet, 2) North 68 degrees 36 minutes 20 seconds East, 67.78 feet to a point of curvature of a non -tangent curve to the left, having a radius of 205.00 feet and subtended by a long chord having a bearing of North 69 degrees 33 minutes 03 seconds East, 155.69 feet; 3) thence along said curve an are distance of 159.70 feet; 4) North 33 degrees 39 minutes 10 seconds East, 65.23 feet to a point of curvature of a curve to the left having a radius of 200.00 feet and subtended by a long chord having a bearing of North 14 degrees 27 minutes 47 seconds East, 98.72 feet; 5) thence along said curve an arc distance of 99.75 feet; 6) North 00 degrees 10 minutes 32 seconds East, 144.07 feet to a point of a tangent curve to the right, having a radius of 110.00 feet and subtended by a long chord of North 44 degrees 53 minutes 18 seconds East, 154.78 feet, 7) thence along said curve an arc distance of 171.68 feet; 8) North 89 degrees 31 minutes 43 seconds East, 124.14 feet; 9) North 00 degrees 23 minutes 13 seconds West, 44.84 feet to the Point of Beginning, containing 36.649 acres more or less. EXHIBIT B LEGAL DESCRIPTION — TEMPORARY PATH CONSTRUCTION EASEMENT PROPERTY See attached. s E z LZ E n° LEGEND E///:] TEMPORARY EASEMENT R PROPERTY LINE PARCEL #29-09-20- 000-001.000-018 LAMB PROPERTY DEVELOPER LLC ALBANY VILLAGE (PROPOSED) POINT OF BEGINNING TEMPORARY EASEMENT 12' P.A.E. N89'36'47"E 15.44' — ® ® ® L1 EXHIBIT 1> 51 1� ASSUMED NORTH 0' 25' 50' 75' jRF SCALE: V = 50' J m 0 \N w 52 ®I LO rl EXISTING R.D.E. INST. #2014015099 POINT OF COMMENCEMENT NW CORNER C.A. #4 f , ALBANY PLACE, SECTION 2 `f,'• J" �J a L3 — TEMPORARY PARCEL 129-09-20— ~ EASEMENT 000-002.002-018 1,729 S.F. JON R. HASKELL & 0.040 AC.f CYNTHIA A. HASKELL ALBANY PLACE SECTION 2 P.C. 5, SL. 892 INST. #2018050330 C.A. #4 VAR. R.D.E. & P.A.E. & B.M.P.E. E PREPARED BY E aHWC ENGINEERING " 135 N. PENNSYLVANIA ST, SUITE 2800 -1 INDIANAPOLIS, IN 46204 317-347-3663 INDIANAPOLIS-TERRE HAUTE s L _ LAFAYETTE - MUNCIE - NEW ALBANY wwm FL 10' T.P.E. GRANTOR PARCEL #29-09-20- 000-002.101-018 ALBANY PLACE HOMEOWNERS ASSOCIATION, INC. WARRANTY DEED REC. APRIL 15, 2019 INST. #2019014757 i Line Table Line Direction Length L1 N8936'47'E 40.14' L2 S00'05'02"W 35.26' L3 N90'DO'00'W 30.03' L4 NDO'08'17"E 35,36' L5 NOO'23'13"W 4.26' Curve Table Curve # Arc Length Radius Chord Bearing Chord Length C1 20.35' 45.00' S1T45'43"E 20.18' C2 J 23.18' 15.00' N44'04'14'W 20.94' XdL This drawing is not intended to be represented as a retracement or original boundary survey, a route survey, or a Surveyor Location Report. ALBANY VILLAGE DRAWN BY TEMPORARY EASEMENT MGJ SW 1/4 NW 1/4, SEC. 20—T18N—R3E CHECKED BY m N CARMEL, INDIANA AJB I DATE Z N 05/13/2021 p N SCALE zo mcengineerine.com PG 1 OF 2 1 " = 50' EXHIBIT "S TEMPORARY EASEMENT LAND DESCRIPTION Part of Common Area #4 in Albany Place, Section 2, the plat of which is recorded in Plat Cabinet 5, Slide 892 as Instrument Number 2018050330 in the Office of the Recorder of Hamilton County, Indiana, said subdivision located in the Southwest Quarter of the Northwest Quarter of Section 20, Township 18 North, Range 3 East of the Second Principal Meridian, in the City of Carmel, Clay Township, Hamilton County, Indiana, more particularly described as follows: E COMMENCING at the northwest corner of said Common Area #4; thence North 89 degrees 36 minutes 47 seconds East (assumed bearings based upon an ALTA/NSPS Land Title Survey prepared by James D. Hall, Professional Land Surveyor No. 20500017, Terra Site Development, Project No. 2004006, certified on January 13, 2021) along the north line of said Common Area #4 a distance of 15.44 feet 12 to the POINT OF BEGINNING; thence continuing North 89 degrees 36 minutes 47 seconds East along said north line a distance of 40.14 feet to a point on a non —tangent curve to the right having a s radius of 45.00 feet; thence southerly along said curve an arc distance of 20.35 feet, said curve < ; being subtended by a chord bearing South 12 degrees 45 minutes 43 seconds East, a chord distance 15 Of 20.18 feet; thence South 00 degrees 05 minutes 02 seconds West a distance of 35.26 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 30.03 feet; thence North 00 degrees 08 minutes 17 seconds East a distance of 35.36 feet to a point on a non —tangent curve to N the left having a radius of 15.00 feet; thence northwesterly along said curve an arc distance of 23.18 feet, said curve being subtended by a chord bearing North 44 degrees 04 minutes 14 seconds West, c E chord distance of 20.94 feet; thence North 00 degrees 23 minutes 13 seconds West a distance of 4.26 feet to the POINT OF BEGINNING, containing 0.040 acres, more or less. This exhibit prepared by. Mi hael G. Judt Professional Surveyor #21500017 May 13, 2021 E—Mail: mjudt@hwcengineering.com GRANTOR PARCEL #29-09-20-000-002.101-018 ALBANY PLACE HOMEOWNERS ASSOCIATION, INC. WARRANTY DEED REC. APRIL 15, 2019 INST. #2019014757 E PREPARED BY E FLHWC ENGINEERING 135 N. PENNSYLVANIA ST, SUITE 2800 r INDIANAPOLIS, IN 46204 317-347-3663 No. 21500017. STATE OF ;'��j'•• "NDIANP.••'*•�Q�\ &LK This drawing is not intended to be represented as a retracement or original boundary survey, a route survey, or a Surveyor Location Report. ALBANY VILLAGE TEMPORARY EASEMENT SW 1/4 NW 1/4, SEC. 20-T18N-R3E CARMEL, INDIANA INDIANAPOLIS -TERRE HAUTE 'AYETTE - MUNCIE - NEW ALBANY www.hweengineerinv..com PG 2 OF 2 DRAWN BY MGJ CHECKED BY M N AJB DATE Z N 05/13/2021 p N SCALE N/A