HomeMy WebLinkAboutDrainage Easement; 4625 W 116th Street; Lindsay Crawley and Rex Dewayne Herbert JrDocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5
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.JANIF., BRAINARD, MAYOR
February 7, 2023
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE. GRANT OF DRAINAGE EASEMENT- 4625 W 1161^ Street
Dear Board Members:
The property owner at 4625 W 116'' Street has requested the city accept a Grant of Drainage Easement
associated with construction of a new residence.
Attached are the required drainage easement documents. The Department of Engineering has reviewed
the attached forms and found them sufficient for Board signatures.
Sincerely,
emy3Kshman, P.E.
City Engineer
Wi-x i'mivi nr Em AMTRIM;
Ova CAI( SQ1 IN. CARMEL. IN 10032 Oi:n(t 1.i7'1?-1-11 [--\x F.j- 1?439
E\Utl ci inuring%avnxf.in.yq
DocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5
Cross Reference to Prior Deed of Record: Instrument No. 2022-40157 in the Hamilton County,
Indiana Recorder's Office
DRAINAGE EASEMENT
This easement (the "Easement") is by and between Lindsay Crawley and Rex Dewayne
Herbert Jr (jointly and individually the "Grantor") and the City of Carmel, Indiana (the "City"), by
and through its Board of Public Works & Safety (the "Grantee") and shall have as its effective
date the later of the date on which Grantor executes this Easement or the date on which Grantee
executes this easement.
RECITALS
A. Grantor is the owner of the real estate conveyed by the deed identified in the cross reference
above (the "Grantor Parcel") located in Hamilton County, Indiana,
B. Grantee, in connection with Grantee's construction of a single-family home (the "Project"),
requires a drainage easement over portions of the Grantor Parcel (herein referred to as the
"Easement Areas"). The Easement Areas are more particularly described and depicted as follows:
See Exhibits A, B, & C attached hereto and incorporated herein by this reference.
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,
perpetual easement over, under, through, across and upon the Easement Area for the purpose of
drainage over, under, across, upon and through the Easement Area, 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. Obligations of Grantee. Subject to the terms described in Paragraph 1 hereof, and
the Project improvements on the Easement Area, Grantee shall restore the Easement Area, 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. In the event the Grantee, its
employees, or contractors are required to come upon the real estate contained in the Easement Area
to replace, restore, or clear any drainage structures, ditches, drains, or swales contained therein,
the Grantee shall only be liable to restore the
DocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5
Grantor's real estate to its previous grade, and to reseed and undertake erosion control
measures as are required by 3271AC 15-5, as amended. Grantor shall allow access to the
Easement Area and surrounding area for any required maintenance, repair, replacement,
service and updates.
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 use the Easement Area 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 keep the Easement Area free of any and all
fences, structures, asphalt, gravel, concrete and/or other improvements or impediments
other than those installed by the Grantee. Grantor shall not block, impede or interfere
with the Project improvements and Easement Area or Grantee's access thereto. Grantor
shall make adequate provision for the proper drainage of surface water over and across
Easement Area and surrounding area.
5. Easement and Covenants Annurtenant. 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 Area and the Grantor Parcel, as applicable, shall run with the
Easement Area 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. 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.
W
DocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5
7. 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.
8. Other Obli atg ions. 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.
9. 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.
10. 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.
11. 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
By:
Printed: Lindsay Crawle �r)
Title: Property Owner
STATE OF INDIANA)
ii }} -- ) SS:
COUNTY 01` �i — )
Printed: Rex Dewayne Herbert A
Title: Property Owner
Before me, a Notary Public in and for said County and State, personally appeared
Lindsay Crawley and Rex Dewayne Herbert Jr, the Grantor, and who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement.
DocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5
Witness my hand and Notarial Seal thisZj2&day of
My commission expires:
,,.��,, ,,,,"" Notary Public
I am a resident of 1 1 u T� County, Indiana --
Printed Name
aune msley
Notary Public, State of Indiana
SEAL'
Hamilton County
Commission Number NPMOm
" .. �;•`
My Commission Expires
Mav 5, 2027
DocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5
GRANTEE
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
DocuSig
ned by:
�v1 t'7
J S7,l ffi1Aff, Mayor
Date: 2/15/2023
DocuSign//eJJd by: b, &
w&
37CC 88�p C4...
Mary Xnn �urKe, Member
Date: 2/15/2023
FDocuSigned by:
evi WaNW
Lori atson, ember
Date: 2/15/2023
ATTEST:
rDocuSigned by:
� wot ..V
Sue Wolfgang, Clerk
2/15/2023
Date:
H- LLY J. HARMEYER
STATE OF INDIANA) Zc ,7. t:E Notary Public, State of Indiana
Hamilton County
)SS: Commission Number NP07379V
My Commission Expires
COUNTY OF HAMILTON ) Cecember 15, 2029
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, a member of the City of Carmel, Indiana Board of Public Works & Safety and
acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana
Board of Public Works & Safety.
Witness my hand and Notarial Seal this / �� day of February 20 2 3
My Commission Expires:
HOLLY J. HARMEYER
��?RY• Pie°. Notary Public, State of Indiana
EAL'"= Hamilton County
* . ; *\ Commission Number NP0737982 5
• • 'p , My Commission Expires
December 15, 2029
DocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5
12/15/2029
Residing in Hami 1 ton County
STATE OF INDIANA)
)SS:
COUNTY OF HAMILTON )
Notary Public
Holly J Harmeyer
Printed Name
HOLLY J. HARMEYER
?P• ••°e; Notary Public, State of Indiana
z'SEAL;"- Hamilton County
. ; * ; Commission Number NP0737982
P My Commission Expires
December 15, 2029
Before me, a Notary Public in and for said County and State, personally appeared Mary
Ann Burke, a member of the City of Carmel, Board of Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf of Board of Public Works & Safety.
Witness my hand and Notarial Seal this day of February 20 23
My Commission Expires:
12/15/2029 Notary Pubj1c
Residing in Hami 1 ton County
STATE OF INDIANA)
)SS:
COUNTY OF HAMILTON )
Holly J Harmeyer
Printed Name
HOLLY J. HARMEYER
o PRv a�e<% Notary Public, State of Indiana
IZ:Ei 'SEAL;"= Hamilton County
;* * =Commission Number NP0737982
MDCommission ec mber15, 203 29
Before me, a Notary Public in and for said County and State, personally appeared Lori
Watson, a member of the City of Carmel, Board of Public Works & Safety and acknowledged
execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works
& Safety.
Witness my hand and Notarial Seal this day of February , 20 23
My Commission Exppires:
12/15/2029 Notary Publi
Residing in Hami 1 ton County
A
Holly J Harmeyer
Printed Name
DocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5
STATE OF INDIANA)
)SS:
COUNTY OF HAMILTON )
oO""""'%, HOLLY J. HARMEYER
�P..... .9 Notary Public. State of Indiana
Hamilton County
—
* .. ♦ ;Commission Number NP0737992
MDCommission ecember15, 20g 29
Before me, a Notary Public in and for said County and State, personally appeared Sue
Wolfgang, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing
Easement as the Clerk of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this
My Commission Expires:
12/15/2029
Residing in
Hami 1 ton County
�� day of February , 20 23
0111
Notary Public
Holly 7 Harmeyer
Printed Name
This instrument was prepared by Sergey Grechukhin, Transactions Chief, 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. Sergey Grechukhin
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SURVEY EXHIBIT " B"
PART OF THE NORTHWEST QUARTER, SECTION 6, TOWNSHIP 17 NORTH, RANGE 3 EAST
HAMILTON COUNTY, INDIANA
EASEMENT DESCRIPTION
10' DRAINAGE EASEMENT
PART OF THE NORTHWEST QUARTER OF SECTION SIX (6), TOWNSHIP
SEVENTEEN (17) NORTH, RANGE THREE (3) EAST, OF THE SECOND
PRINCIPAL MERIDIAN, MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF A TRACT OF REAL ESTATE
DESCRIBED IN INSTRUMENT #2022040157 AS RECORDED IN THE OFFICE OF
THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE ON THE EAST
PROPERTY LINE OF SAID TRACT OF REAL ESTATE SOUTH 00 DEGREES 25
MINUTES 02 SECONDS EAST 60.00 FEET TO THE POINT OF BEGINNING OF
THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 25 MINUTES 02 SECONDS
EAST 230.31 FEET; THENCE SOUTH 68 DEGREES 08 MINUTES 33 SECONDS
WEST 10.74 FEET; THENCE NORTH 00 DEGREES 25 MINUTES 02 SECONDS
WEST 234.24 FEET; THENCE NORTH 89 DEGREES 34 MINUTES 58 SECONDS
EAST 10.00 FEET TO THE POINT OF BEGINNING.
T
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N0. _
Y LS20400007:m:-
STATE OF
N�fn ns u1RA
MILLER SURVEYING INC. S
948 CONNER STREET
NOBLESVILLE INDIANA 46060
PH. # (317) 773-2644 FAX 773-2694
LOCATION: PART OF THE NORTHWEST DRAWN BY: BDD CHK'D BY: KNA
QUARTER, SECTION 6-17-3 SCALE: 1" = 100' FIELD BOOK: DC
HAMILTON COUNTY, INDIANA
FIELD WORK COMPLETED: NA DATE: 2-3-23 PAGE:
r1 IFNT• uAPk Mill I TAUS JOB NUMBER SURVEY 4 FILE:
DESCRIPTION: SURVEY EXHIBIT I B40735
DocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5
SURVEY EXHIBIT "C"
PART OF THE NORTHWEST QUARTER, SECTION 6, TOWNSHIP 17 NORTH, RANGE 3 EAST
HAMILTON COUNTY, INDIANA
_ 116th STREET
NCRTH Li E OF THE N.W. 1/4, SEC. 6-17-3—
GRAPHIC SCALE
0 50 100 200
SCALE : 1" = 100'
N 89,3f5w E
10.w \
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Y `LS20400007 �''
STATE OF
410,
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\ N.W. CORNER
MST. 020220401S7
MILLER SURVEYING INC. M is
CONNED STREET
NOBLESVILLE INDIANA 46060
PH. (317) 773-2644 FAX 773-2694
LOCATION: PART OF THE NORTHWEST DRAWN BY: BDD CHK'D BY: KNA
QUARTER, SECTION 6-17-3 SCALE: i" = 100' IFIELD BOOK: DC
HAMILTON COUNTY, INDIANA
FIELD WORK COMPLETED: NA DATE: 2-3-23 PAGE:
n IrMT• unDV wu 1 1Auc JOB NUMBER I SURVEY 4 FILE:
DESCRIPTION: SURVEY EXHIBIT IB40735