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HomeMy WebLinkAboutWater Line Easement Agreement; 10585 Hussey Lane - 106th Street Water Main Project; Gary Brett & Brook AdamsDocuSign Envelope ID: 441 DFD7D-9EC8-4FOB-AEB2-941 F1 939EBAE APPROVED By S&M G—h,kh no I:W m. Nw raid. 2017 Prior Deed Reference: Instrument No 202065165. 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 $' day of u , 2022, by and between Gary Brett and Brook Adams C' ra tor") and the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("Grantee's. RECITALS: A. Grantor is the owner of certain real property located at 10585 Hussey Lane, in Hamilton County, Indiana ("�rarttor's Prooe") more particularly described in Exhibit.. I attached hereto and incorporated herein. B. Grantee, in connection with Grantee's improvement/construction of the 106' Street Water Main Extensions (the "Pro' ct") requires a permanent, exclusive easement over, through, under, upon and across that portion of Grantor's Property more particularly described and depicted on gNhibUAA and ExhM B attached hereto and incorporated herein, (the "Easement PropUbt") 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 equipmenton, over, through, under, upon and across the Easement Properly (the "Im�mvements'�. 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 (subject to pargraph 2 of this Agreement), any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes, earth bemning, 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 F.xhibilp 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 appropriatefor st tuh to easement instrument if either Grantor or Grantee shall deliver to the other a written request 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, successors, agents, or employees, to connect the premises Of ports N of Ausust 26, 2020 DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE 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, agertts, 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. Obli¢ations 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 or any subsequent work done by Gramce on the easement property, Grantee shall restore easement property to a condition that is as near the condition that existed prior to the time of the Project or any subsequent work disturbed by them as is practicable. Restoration and responsibility of associated expense of any landscaping, trees, vegetation or similar items shall be mutually agreed upon between Grantee and Grantor in advance of any subsequent work being completed on the easement property. 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 earthen) the erecting or maintaining in the Easement Property of any earthen mound or series or syste 4. Obli at�f Grat►tor• Grantor shall keep the Easement Properly free of any permanent structure(other than that 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. g s ment Covenants Aoourtenant. 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. b. 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. 9 t,cr n ligations. 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 F.M..M gust 26, 2020 DocuSign Envelope ID:441DFD7D-9EC8-4FOB-AEB2-94lF1939EBAE 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 Basement Property. 10. Entire AgMgAent. This Agreement ccoritains 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 termination, modification, or amendment. 11. �,oJverninaw. 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 (0) 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: Gary Brett and Brook Adams 10585 Hussey Lane Carmel, Indiana 46032 13. severAbilfty. 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, 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. Farm as of A%ut 26.2= DocuSign Envelope ID:441DFD7D-9EC8-4FOB-AEB2-94lF1939EBAE 14. Authorit,X. 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 easement; 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 grained herein against all claims thereon. [Signature pages to follow] Form as of August 26, 2M DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement as of the day and year first above written. GRANTOR: Gary s tn..ry.�� ``��►ppn�trrlr/� 01 �t PSG = Broo7Ad s rrrrHrnii�tttttt�\ 1� My� Printed: — STATE OF C. ~ ) SS: COUNTY OF- . ) Before me, a Notary Public in and for said County and State, personally appeared [3ary Breit and Brook Adams. the owners -of 10585 Hussey Lane, 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 do 2022. i My Commissiga No [Expiration: tary Pu tc Muni �f Residence: Printed Form w of Augur A 2020 DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE GRANTEE: THE CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety 4�Z.,�JoMayor tpned by: By: 11/16/2022 Date: - -- - r— ocu tuned by: By: - BAna4%.wke, Member 11/16/2022 Dotustaned by: By: is ,Member 11 16 22 Date ATTEST: DocuSigned by: c5uu Sue Wolfgan , /6%M9844Ce... 11/16/2022 `��p,YtP��ii HOLLY J. HARMEYER STATE OFINDIANA ) `oP.•••.•41 Notary Public, State of Indiana SS:=z:SEAL."= Hamilton County COUNTY OF }IAM1I TON ) + •• ; Commission Number NP073 9982 My Coa4E x�ppi_re_s Before me, a Notary Public in and fo i�' and SiB t and ayor James Brainard, Mary Ann Burke, and Lori Watson, me own elBoard of Public Works and Safety and Sue Wolfgang, Clerk of the City of Carmel, who acknowledged exx ecution of the foregoing Water Line Easement Agreement on behalf of the City of Carmel. Witness my hand and notarial seal, this My Commission No./Expiration: 1 /15/ 0 A Myaamt011 Residence: Form as of August A 202D 16th day f Nov mber .2022. yP w Holly Harmeyer Printed DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE 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] rorm as or August 26. 2020 DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941FI939EBAE EXHIBIT I Grantor's Property te,W -13-10 00190- 13.04""W*06" 17 w tutiM S! Pam as orAugusf 26.2020 V) WIh Sd DocuSign Envelope ID: 441DFD7D-9ECB-4FOB-AEB2-941F1939EBAE 19133][BIT "A" OWNER: Gary Brett & Brook Adams (Parcel 1) QUITCLAIM DEED RECORDED AS: Instrument No. 202065165 HANMTON COUNTY PARCEL NO.: 29-13-10-000-013.000-018 PERMANENT WATER MAIN EASEMENT Part of the Northeast Quarter of Section 10, Township 17 North, Range 3 East, of the Second Principal Meridian lying in Clay Township, Hamilton County, Indiana, and described as follows: COMMENCING at the northeast corner of said quarter section, designated as point 300 as shown on Exhibit "B'; thence South 0 degrees 15 minutes 15 seconds West, along the west line of said quarter section, a distance of 39.53 feet to point 101 designated on said Exhibit "B'; thence South 89 degrees 58 minutes 22 seconds West, (Indiana Continually Operation Reference System [INCORS], Indiana State Plane Coordinates, East Zone, NAD 83), along the north line of said quarter section, a distance of 97.58 feet to point 1 designated on said Exhibit "B" at the intersection of 106' Street and Spring Mill Road and the point of beginning of the description thence South 29 degrees 20 minutes 34 seconds East along the southwestern boundary of said intersection, a distance of 30.70 feet to the southwestern intersection of 1060' Street and Spring Mill Road also point 2 designated on said Exhibit "B"; thence South 88 degrees 49 minutes 52 seconds West, a distance of 25.32 feet to point 3 designated on said Exhibit "B"; thence North 89 degrees 20 minutes 27 seconds West, a distance of 223.65 feet to point 4 designated on said Exhibit "B"; thence North 89 degrees 59 minutes 47 seconds West, a distance of 102.52 feet to point 5 designated on said Exhibit "B", thence South 89 degrees 43 minutes 15 seconds West, a distance of 222.18 feet to point 6 designated on said Exhibit "B"; thence North 89 degrees 43 minutes 15 seconds West, a distance of 138.71 feet to point 7 designated on said Exhibit "B'; thence North 88 degrees 59 minutes 06 seconds West, a distance of 219.86 feet to point 8 designated on said Exhibit "B"; thence South 89 degrees 44 minutes 07 seconds West, a distance of 21630 feet to point 9 designated on said Exhibit `B"; thence North 44 degrees 40 minutes 10 seconds West, a distance of 56.65 feet to point 10 on said Exhibit "B" on the south boundary of 106ie Stred; thence North 89 degrees 58 minutes 22 seconds East, a distance of 243.96 feet along the boundary of said 1061" Street; thence South 81 degrees 58 minutes 52 seconds East, a distance of 102.49 feet along said boundary; thence South 89 degrees 39 minutes 20 seconds East, a distance of 266.50 feet along said boundary; thence North 83 degrees 30 minutes 55 seconds East, a distance of 84.10 feet along said boundary; thence South 89 degrees 41 minutes 51 seconds East, a distance of 255.99 feet along said boundary; thence South 00 degrees 20 minutes 40 seconds West a distance of 5.00 feet along said boundary; thence South 88 degrees 21 minutes 51 seconds East a distance of 221.90 feet along said boundary to the point of beginning_ Containing in said easement 0.875 acres (38,109 square feet), more or less. The side lines of said easement are to be shortened and lengthened to terminate on the owner's boundaries. Subject to all legal highways, rights of ways, easements and restrictions of record. J:\Carmel\Projects\248321 Carmel Hoover Road WM Extenslon\CAD\DWG\Exhibit\248521- Parcel 1- Adams - Description.docx DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE SURVEYOR'S STATENZNT To the best of my knowledge, information, and belief, this description and plat are being prepared t02 of represent a route survey and one-step easement plat in accordance with Title 865 Article 1 Chapter the Indiana Administrative Code (Rule 12). The scope of this Exhibit "A" together with Exhibit "B" is to provide a means for describing and locating the proposed permanent easement shown on said Exhibit "B" This is not a property and/or land title survey. Any apparent property lines and comers and/or subdivision and section comers from Instrument No. 202065165, which is owned by Gary Brett & Brook Adams, are based on physical evidence or testimony. DAVID E. LAUER PROFESSIONAL SURVEYOR LS29800021 DATE: March 24. 2022 J:\Carmel\Projects\248321 Carmel Hoover Road WM Extension\CAD\DWG\Exhibit\248521- Parcel 1- Adams - Description.docx DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE DocuSign Envelope ID: 441 DFD7D-9EC8-4FOB-AEB2-941 F1 939EBAE 0 a { � V S m O N m O a e� ? O m m m ' V 8 a A m W O N ry e O z ^ P Q X � N f7 Y W 1D � waa�o m 5 t m 6 S N W yNyj �3 m m ro .�5 d& N aD O ------------- CD a § ram- q Q W �m i iLIJ sc z mw ao a rE w r W mD mW O W W U m 0� > a z C�,tCj > 8 OLLL m 51 N m a w m 0 �U - IS-Hi90t s aI s D I F a WA;MJ;MW "NO