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HomeMy WebLinkAboutGrant of Easement Agreement/ENG/Village Capital Corporation for Water Tower Improvement & UpgradeDocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 Prior deed reference: 2022 recorded January 2022 in the Office of the Recorder of Hamilton County, Indiana GRANT OF EASEMENT AGREEMENT ------- APPROVED - 1 By Jon Oberlander at 10:74 am, Jan 20, W22I This Grant of Easement Agreement (the "Easement Agreement") is made and entered into as of the 21 st day of January, 2022, by Village Capital Corporation, an Indiana corporation ("Grantor") and the City of Carmel, an Indiana municipal corporation ("Grantee"): RECITALS: A. Grantor is the sole owner of certain property located in Hamilton County, Indiana as more particularly described on Exhibit A attached hereto ("Grantor's Property"). B. Grantee is planning to improve and upgrade the water tower site at 473 3rd Avenue SW, Carmel, Hamilton County, Indiana (the "Project"). The Grantor's Property is adjacent to the Project. As part of the Project, Grantee requires certain easements across Grantor's Property as more particularly described herein. 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. Utility Easement. Grantor grants and conveys to Grantee an exclusive easement to use a certain portion of Grantor's Property as more particularly described on Exhibit B attached hereto (the "Easement Property"), for the occupation, construction, maintenance, repair, replacement and operation of an underground conduit bank and related underground and above -ground appurtenances, property or equipment, including hand holds at grade level (the "Utility Improvements"), upon Grantor's approval of the plans for installation of above -ground Utility Improvements, which shall not be unreasonably withheld. The Utility Improvements shall be installed generally in accordance with the plans attached hereto as Exhibit C (the "Plans"). Such Utility Improvements shall be owned and controlled by Grantee provided that Grantee may allow Grantor and other third parties to locate fiber optic lines and other utility lines and equipment within the conduit bank. Grantor may install underground utilities in the southern five feet (S) of the Easement Property to serve Grantor's Property ("Grantor's Utility Improvements"), upon Grantee's approval of the plans for such installation, which approval shall not be unreasonably withheld. DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 2. Fence and Sidewalk Easement. Grantor grants and conveys to Grantee an easement on the Easement Property for the occupation, construction, maintenance, repair, replacement and operation of a fence, sidewalk, light poles, bollards, planters and related landscaping, appurtenances, property or equipment (the "Fence and Sidewalk Improvements"). Grantee shall construct, prior to completion of the Project, and thereafter maintain, in a first-class manner, without financial contribution from Grantor (unless damage to the Fence and Sidewalk Improvements is caused by Grantor), the Fence and Sidewalk Improvements in good condition and repair. The Fence and Sidewalk Improvements will be constructed generally in accordance with the Plans, and the terms and conditions of this Agreement. After construction, Grantee may modify the Fence and Sidewalk Improvements as reasonably necessary. The Utility Improvements and the Fence and Sidewalk Improvements are sometimes collectively referred to as the "Improvements." Grantor and Grantee may use the Easement Property for pedestrian traffic and for access by vehicles, trucks, and cranes that need access to the Project, provided that each will endeavor to use the Easement Property in a manner that is least destructive to the improvements of the other. The Fence and Sidewalk Improvements will include a sidewalk / walkway / pedestrian path that, when finally completed, shall be concrete on the northernmost five feet (Y) of the Easement Property and clay pavers on the southernmost ten feet (10') of the Easement Property. Prior to Grantor completing construction of buildings and similar improvements, including utilities, on Grantor's Property and installing Grantor's Improvements, Grantee may construct such path entirely of concrete. Within a reasonable amount of time after Grantor completes such construction and installation on Grantor's Property, Grantee shall remove the concrete and install clay pavers in the southernmost ten feet (10') of the Easement Property, provided that the path on the northernmost five feet (Y) of the Easement area shall remain concrete. Grantor and Grantee shall cooperate in good faith to establish a construction schedule for the Improvements and Grantor's Improvements (as defined in Section 3). 3. Above -Ground Transformer. Grantor may place an above -ground transformer and related appurtenances, property or equipment (the "Above Ground Transformer Improvements") in the that portion of the Easement Property as more particularly described on Exhibit C (the "Transformer Area") to provide electric service to the Grantor's Property, upon Grantee's approval of the plans therefore, which approval shall not be unreasonably withheld. Grantee shall not place above -ground transformers on the Easement Property. The Above Ground Transformer Improvements and the Grantor's Utility Improvements are sometimes collectively referred to as the "Grantor's Improvements." M DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 4. Use. Grantor shall have the right to use the Easement Property for any use not inconsistent with the rights of Grantee hereunder provided, however, Grantor shall not interfere with any of Grantee's rights hereunder or with the Improvements, and, with the exception of Grantor's Improvements as provided herein, shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the Easement Property. In the event Grantor damages or destroys the Easement Property or any of the Improvements, Grantor shall repair and/or restore the Easement Property and the Improvements as nearly as possible to the condition existing before such damage or destruction. In connection with the construction, installation, maintenance or operation of the Improvements in or on the Easement Property, if any of the Easement Property is damaged or destroyed by Grantee, Grantee shall repair and/or restore the Easement Property, including damage to utilities and Grantor's equipment, as nearly as possible to the condition existing before such damage or destruction. 5. Maintenance. Grantee shall at all times maintain the Utility Improvements and the Fence and Sidewalk Improvements in a first-class manner. Grantor shall at all times maintain the Grantor's Improvements in a first class manner. Grantee shall mow and care for the grass located on the Easement Property, and, except for the obligations of Grantor hereunder, maintain the Easement Property in a first-class manner. 6. Easements Binding on Successors. Assigns. All provisions of this Agreement run with and for the benefit of the Grantee, the Grantor, and the land and are binding upon and inure to the benefit of the heirs, assigns, successors, tenants and personal representatives of Grantor and Grantee. 7. Taxes. Grantor shall be obligated to pay all real estate taxes and special assessments on the Easement Property. 8. Miscellaneous Provisions. The following other provisions shall apply to this Agreement: a) No Barriers. Except as provided in this Agreement, no person shall install, construct, erect, maintain or place (i) any improvement, fence, landscaping, lights or other feature on, in or under the Easement Property or (ii) any barriers or other obstructions restricting, limiting, interfering or blocking the Improvements. b) 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. c) Remedies. In the event of a breach or threatened breach of this Agreement, each party shall be entitled to all legal and equitable rights and remedies available at law or in equity, including, but not limited to, specific performance and injunctive relief. DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 d) Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future statute or judicial decision, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. e) Authority and Representations. Grantor represents and warrants that it is the fee simple owner of the Easement Property; that Grantor guarantees the quiet possession of the Easement Property to Grantee; and that, to Grantor's actual knowledge, the Easement Property is free of any liens or encumbrances except the lien of current taxes. Grantor will warrant and defend Grantee's rights and/or title to the Easement Property granted hereby against all claims thereon. Grantor represents and warrants that Grantor has obtained all necessary consents and approvals of any mortgagee or other third party required for the granting of this Agreement. Grantor will indemnify Grantee against any loss, damage or cause of action resulting from Grantor's failure to obtain any such consent and approval. 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. Subject to the foregoing, Grantor will warrant and defend Grantee's title to the easement granted herein against all claims thereon. f) Entire Agreement. It is understood that all the provisions of this Agreement are stated herein and no verbal agreements or promises will be binding on the parties hereto or their successors in interest. g) Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Indiana. h) Notice. All notices given under this Agreement to the respective parties shall be made in writing and shall be (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; or (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. All notices shall be addressed to the respective parties as follows: If to Grantor: Village Capital Corporation 770 3rd Avenue SW Carmel, Indiana 46032 If to Grantee: City of Carmel Redevelopment Commission Carmel, IN 46032 Attn: Director El DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 With a Copy to: City of Carmel One Civic Square Carmel, IN 46032 Attn: Corporation Counsel i) Easement and Covenants Appurtenant. 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. EXECUTED as of this 21 It day of January, 2022. GRANTORS: Village Capi 1 Corporation By: Printed- v LQAe e- Title: ` STATE OF INDIANA ) ) SS: COUNTY OF ) The undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that WZ S('( A—, , the, MAQI f Village Capital Corporation, appeared efore me this day in person and signed and delivered tte said instrument for and on behalf of said entity. GIVEN under my hand and notarial seal this I � day of AKQG�• , 2022. NF, r, F, -w my-, N.RZ, M-01, f ; %1 / ! 1 fil Q ,,iP Printed Name My Commission Expires: W JESSIFA JLOEFFLERnNptary —�---2-go e Public, Stale oIndiana ?'ti�-?",.°•;•A• �",e�° Hamilton county County of Residence: CommissionNubNP0783My My Commission Expires DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 February 2022 Approved and Adopted this 2nd day of CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety DocuSigned by: /I A04.S AAIn.ArDL T JWWS28MIiard, Presiding Officer Date: 2/2/2022 Do�.c1u,Signed by: L WA%MB,urke, Member Date: 2/2/2022 LM*-841— Signed by: �6V, �Member Date: STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) ATTEST: DocuSigned by: s-, "w-n `Sie``�Pbig, Clerk 2/2/2022 Date: Before me, a Notary Public in and for said County and State, personally appeared JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and by me known to be the Members of the City of Carmel Board of Public Works and Safety, and Sue Wolfgang, Clerk of THE CITY OF CARMEL, who acknowledged the execution of the foregoing "GRANT OF EASEMENT AGREEMENT" on behalf of the City of Carmel, Indiana. February Witness my hand and Notarial Seal this D 9—day ofXW 2022. NOTARY PUBLIC My Commission Expires: Holly J. Harmeyer 12/15/2029 Printed Name HOLLY J. HARMEYER 4P�;Y. PL9� l Notary Public, state of Indiana "= Hamilton County * R.SEAL-.. . Commission Number NP0737982 My Commission Expires December 15, 2029 31 My County of Residence: Hamilton DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 MORTGAGEE'S CONSENT This is to certify that, for value received, (the "Mortgagee"), the holder of that certain Mortgage executed by Grantor, dated January ,, 2022, and recorded January_, 2022 with the Recorder of Hamilton County, Indiana as instrument number (the "Mortgage") executes this Easement Agreement for the sole purpose of evidencing and memorializing its consent to the foregoing Easement Agreement and its agreement that in the event of the foreclosure of the Mortgage, it shall not request foreclosure of the Easement Agreement nor shall it in any such foreclosure disturb the rights established by the Easement Agreement. fislGa C. FRNM s My C,OMM135tw EXPIM z July26 �'M Commission N;;; NP0835916 W. inly a STATE OF L. } SS: COUNTY OF 00,l Yv%, ) UNITED FIDELITY BANK, FSB By: Printed: 7 )E�341 rD ro u3lU Title: C V,GC , C514'�E Date: �cw Lq %65E90dN )KnN U�l � $z m Z1NH?ld o�Iavlav BEFORE ME, a Notary Public in and for said County and State, personally appeared BL6A (?r&,x, an E 00 of United Fidelity Bank, FSB, a federally chartered saving association, and acknowledged the execution of the foregoing Mortgagee's Consent for and on behalf of said entity. Witness my hand and Notarial Seal this day of January_, 2022. My Commission Expires: ::) W W Notary blic Residing in Diet"+ W% County �� G^ Z Printed N ie This instrument prepared by Tammy K. Haney, Krieg DeVault LLP,12800 North Meridian Street, Suite 300, Carmel, IN 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. 7 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 EXHIBIT A Grantor's Property LAND DESCRIPTION A portion of the property of Village Capital Corporation Part of Instrument Number 2008013133 Part of the East Half of the Southeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, also being a portion Tracts D, and E as described in the Limited Warranty Deed ("Deed") to Pedcor Investments- 1988-III, L.P., recorded as Instrument Number 2008013133 in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the East Half of the Southeast Quarter of said Section 25, Township 18 North, Range 3 East; thence South 89 degrees 02 minutes 10 seconds West (Basis of Bearings: Indiana State Plane, East Zone, NAD 83) 1308.95 feet along the North Line of said East Half to the Northwest Corner thereof; thence South 00 degrees 04 minutes 41 seconds West 1342.61 feet (1343.44 feet — Deed) along the West Line of said East Half to the westerly projection of the northern line of said Tract D; thence North 89 degrees 02 minutes 10 seconds East 167.59 feet (166.2 feet — Deed) parallel with the North Line of said East Half to the northwestern corner of said Tract D on the eastern right-of-way line of 3rd Avenue SW and the POINT OF BEGINNING of this description; thence continue North 89 degrees 02 minutes 10 seconds East 318.22 feet along the northern line of said Tract D to a point lying 70.00 feet (measured westerly in a perpendicular direction) from the proposed centerline of Monon Boulevard, said point being the northwestern corner of the 0.817-acre tract of land granted to the City of Carmel ("Right -of -Way Tract") (recorded as Instrument Number 2019006933 in said Recorder's Office); thence South 00 degrees 53 minutes 01 seconds East 300.23 feet along a portion of the western line of said Right -of -Way Tract passing through Tract D and entering Tract E; thence South 89 degrees 06 minutes 59 seconds West 327.33 feet perpendicular to said western line to the eastern right-of-way line of 3rd Avenue SW; thence North 00 degrees 51 minutes 28 seconds East 299.93 feet along said right-of-way line coincident with the western line of said Tracts E and D to the POINT OF BEGINNING, containing 96,834.2 square feet (2.223 acres), more or less. A-1 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 EXHIBIT B Easement Property EXHIBIT "A" EASEtIAENT _ FIFTEEN FEET BY PARALLEL LINES OFF TT# ENTIRE NORTH MDE OF THE FOLLOWING OESCRfBW TRACT OF LAND: A PART OF Tt E SOUTHEAST WARTER OF SECTION 25, TOWNSHIP 16 NORTH. RANGE 3 EAST, DESCRIBED AS FOLLOWS: BEGIN AT AN IRON STAY.E ON THE EAST LINE OF NORTH AND SOUTH STREET IN THE TOM OT CARME- INDIANA, THIS POINT SEWC 1343.44 FEET SOUTH AND 166,2 MEASURED (162.2 FELT DLED) EAST OF THE NORTHWEST CORNER Of THE EAST HALF OF THE SOUTHEAST O'JARTER OF SECTION 25. TOWNSHIP 18 NORTH, RANGE 3 EAST, TH£N.^E EAST PARALLEL 1WTH SOUTH LINE OF SOUTH STREET, 326.13 FEET TO A POINT, SAID POINT BEING 1ELe FEET WEST OF THE TEST RIGHT OF WAY �%N[ OF THE MONON RAILROAD, TkfNCE FOJII- PARAL' EL TWTH EAST 'LINE OF NORTH AND SOUTH STREET, 100.0 FEE- TO AN IRON STAKE, T4+ENCE WEST PARALLEL TO THE NORTH LINE OF TRACT. 326,0 FEET TO A P"T ON THE INTERSECTION WIN THs EAST LINE OF SAIO NORTH AND SOUTH STREET,, THENCE 100.0 FEET NORTH ALONC PATH THE EAST LIE OF SAID STREET TO THE PLACE Of BEGINNING, IN CLAY MMSHiP, HAW -TON COUNTY. INDIANA, CONTAINING IN SAID FIFTEEN -FOOT STRIP 0012 ACRES, MORE OR LESS, I, GEME W. CHARLES E. A REGISTERED LAUD SURVEYOR LV THE STATE or MaOIANA, 00 HEREBY CERTFY THAT TICS OE51JTIFTION WAS PREPAREC FROM INFORMATION OBTAINED FROK INSTRUMENT NJMBER 2008013123, AS RECOROFD IN THE HAMILION COUNTY REMMER'S OFFICE. NO FIELDWORK WAS nERFORHED AND THEREFORE, THIS DESCRIPTION IS SUMCT TO ANY OVERLAPS, OA"S OR INCONSISTENCE-5- THAT A FIELD SURVEY NIGHT REWAL OW R 5-26-2021 208001 ? 7 �Gi�ORGE CNAfLES a DAI-- i f� PROFESSIDNA,. SURVEYOR "05=17 STATE OF ram./� STATE OF IRIXANA U 1Z PREPARED BY DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 SECTTION: ZAINILTCN EXHIBIT n B" a��D BY TEN 3- -z0� TOWNSHP: 18h 1,� RANGE: 31, EASEMENT % OMER: pEXOR 1NVESTMENTS--1986-III, L.F. hAICH-D AJR:A IS THE. APPRMMAT EAS=VENT NW COR. E 1/2 9 1/4 FORTH CCCCC SEC.25-T18N-R3r w� PLACE Or BEGMYLIC 166.2' 1 i 326.0' o I�� Gy INST. �l00BU 3133 (PARCEL i. TRACT V) p 326.0' No ZIELD110Rx WA5 PEFFCRIALD A10 THFFCORE., TR6 DEV With ��� Y+• CH�R� IS SU8.EC7 TO MV OVERLAPS, GAPS OR P4-1ON95TCW3F75 TIAT A �QQL tsTf� FIELD RR'F_Y MG17 REVEAL Tit$ PLO' WAS PREPARED FROM E, \`IN WORUATION 09TAMED ROM INSlRUMLN' NUMOM 2018D93'33, AS a N 0. LS i RECCRW,i IN THE RAW -TON COUN7 RECORDER'S On"IZ 20$D0117 fl � r-- SIATE Of -' rE 5-26-202'• IykA=i r�0 W, CriAiLfS t _ OAR �y D �S u R V PROEESSN& RRVWYCR #-SMI D117 `-- STATE OF 1►CMANA PREPARED BY: DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 EXHIBIT C Grantee's Plans C-1 DocuSign Envelope ID: AC19022C-A771-43C1-A176-659B1BBA1584 U3.LN33 VIVO 'InW'dVDUll mtuai M9d NOISN3WIO MIS 1.1 141 •-�-�r� -tea � e wI i LZU 000©®®moo -�; a lM L � t �• �. V .4� ■qqE �!Y --T--I 7d�e