EASEMENTS-Drainage Easement - 1077 3rd Ave, Inc - 20230206FDS
2023003773 EASE $25.00
02/06/2023 12:15:20PM 7 PGS
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8 Trini Beaver
Hamilton County Recorder IN
Recorded as Presented
II II II II II II II III III I I II
Cross Reference to Prior Deed of Record: Instrument No. 2021071618, in the Ilamilton County,
Indiana Recorder's Office
DRAINAGE EASEMENT
This easement (the `'Easement") is by and between 1077 3"J Ave LLC "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 building renovation with minor site improvements
for a new fitness facility (the "Project"), requires a drainage easement over a portion of the Grantor
Parcel (herein referred to as the "Easement Area"). This Easement Area is more particularly
described as follows:
See Exhibit A 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:
I. 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 I 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 Cottle 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 Grantor's real estate to its previous grade, and to
reseed and undertake erosion control measures as are required by 327 JAC 15-5. as amended.
Grantor shall allow access to the Easement Area and surrounding area for any required
maintenance, repair, replacement, service and updates.
DocuSlgn Envelope ID DA831258-B752-4D2A-A665-OFAD844E92A8
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 hasement 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 Grantce'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 ApPurtenarnt. The Easement granted, created and made
herein, together with the benefits and privileges thereof, shall run xvith 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 tine 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 rel-nedy 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.
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,
S. Other Obligations. Tine Grantor agrees that this Agreement shall not transfer to the
Grantee any past, present or filture 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.
4. 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.
DocuSign Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
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,
Printed- C'ernal Ozdernir
Title: CEO 1077 3rd Ave LLC
GRANTEE
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
Not Present
James Brainard, Mayor
Date:
-- Docu810ned 6y7
-6040006BE4C4...
Mary Ann Burke, Member
2/1/2023
Date: _
[Docu9ignad by:
bVi U�a#sew
B6022381"2BOD
Lori Watson. Member
2/1/2023
Date:
ATTEST:
DocuSsgn Envelope ID: DA831258-B752-4D2A-A665-OFAD844E92A8
�asanesD�aseaa�s...
Sue Wolfgang, Clerk
2/1/2o23
Date:
DocuSign Envelope ID: DA831258-87524D2A-A665-OFAD844E92A8
STATE OF INDIANA )
SS:
COUNTY OF )
Before me. a Notary Public in and for said County and State, personally appeared
Cemal ozdemir , 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.
Witness my hand and Notarial Seal this I day of 20
My commission expires: lLa%Sr
I am a resident of + C County.. Indiana
STATE OF INDIANA )
COUNTY OF )
WeMyC Kettemten
E
ry Pub k Seal State of IndianaHendd*9 CountyommbWon EMplra5 03r281202d
Mary Ann BurkBefo me, a Notary Public in and for said County and State, personally appeared
Lori wars® iE Pma7 the Grantee, and who, having been duly sworn, acknowledged the truth and
BPW accuracy of the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this
My commission expires:
12/15/2029
I am a resident of Hami 1 ton
County. Indiana
day of February .20 23
Notary Pulfc,
Holly ] Harmeyer
Printed Name
This instrument was prepared by Sergey Grechukhin, Transactions Chief, City Hal I. One Civic
Square, Cannel. 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, untess it is required by law. Sergey Grechukhin
HOLLY,J.
HARMER
\ 4"
Notary Public, State of Indiana
Hamilton County
_ . -Commission
Numbar NP0737982
y <y prw ,c
My commission Expires
December 15, 2029
DocuSign Envelope ID: DA831258-8752-4D2A-A665-OFAD844E92A8
Exhibit `A-1'
DRAINAGE EASEMENT DESCRIPTION
The North 30 feet of the parcel conveyed to 1077 3rd Avenue, LLC in instrument dumber 2O21071618 as
recorded in the Office of the Recorder of Hamilton County, Indiana, located in the East Half of Section 36,
Township 18 North, Range 3 East of the Second Principal Meridian, Cloy Township of Hamilton County, Indiana,
being more particularly described by Tyler J. Thompson, LS214O0006 of Civil do Environmentol Consultants, Inc.
on November 1, 2022, as follows.
The following lead —In courses were taken from sold Instrument Number 2021071618;
Commencing at the Northeast Comer of the Northeast Quarter of Section 36, Township 18 North, Range 3
East; thence South 00 degrees 00 minutes 00 seconds East (assumed bearing) on and along the east fine
thereof 1188.00 feet; thence South 89 degrees 27 minutes 30 seconds West parollel with the north line of
said quarter section 760.27 feet to the west right of way line of the L do N (Monon) railroad; thence South
00 degrees 38 minutes 00 seconds East on and along said right of way lino 2.77 #eat to the beginning of
a 03 degree 00 minutes spiral curve; thence southerly on and along void right of way line and spiral curve
to the right 198.28 feet to a point subtended by a chord having a length of 198.26 feet which bears South
00 degrees 21 minutes 40 seconds West from the last described point, sold point being common to said
spiral curve and a circular curve to the right having a radius length of 1877.98 feet which bears North 87
degrees 37 minutes 58 seconds west; thence southwesterly on and along said right of way line and curve
205.25 foot to the TRUE BEGINNING POINT of this description; thence North 89 degrees 39 minutes 39
seconds West along the north Inv of sold parcel a distance of 375.62 feet to the east right—of—woy of 3rd
Avenue SW; thence South 00 degrees 38 minutes 00 seconds East along sold right —of way a distance of
30.00 feet; thence South 89 degrees 39 minutes 39 seconds East parallel with and 30 feet south of the
north line of sold parcel a distance of 370.31 feet to the west right—of—way of said railroad being a point
on a non —tangent curve to the left having a radius of 1,877.08 feet, the radius point of which bears North
80 degrees 05 minutes 55 seconds West, thence northerly along sold right —of --way an arc distance of 30.38
feet to the Point of Beginning, which gears South 81 degrees 01 minutes 34 seconds East from sold radius
point, containing 0.257 acres of land, more or less.
0ocuSign Envelope ID. DA831258-8752-4D2A-A665-OFAD844E92A8
30' WIDE DRAINAGE EASEMENT
4&
NORTH
DEED BEAR/NGS
S 00138 00 - E—
30.00'
Exhibit `A-2'
Poawr or COAlMENCEMENT
NE CORNER, NE 1/4
SerrloN 36, r 18N., R.3C
5 0'00 W - E 1 1 58. 00 ' —
S 69 27 30" W 760.27
$ O' 3'6 OP " E 832 77,
S 07140" W 198.26
A=205.25'
R= 7677.98
A=6'15'43"
CHB=NS 29 54 E
CH=205.15'
N 89'39 39 " W 375.62'
DRAINAGE EASEMENT 0.257-r ACMES
S 89'39 39 - E 370. 31 "
EAST R/W
JRD AVE. SW WEST R/W -
RA1lROAD
1077 JRD AVM; LLC
/N.S774. #K2021071618 0 v
REFERENCE-
This exhibit is based upon the General Warranty Deed
recorded as Instrument Number 2021071618.
7
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PD/NT OF
BEG/NN//VG
A=30.38'
R= 1877.08'
A=O'5539"
CHB=/U9 26'15'E
CH=3O.38'
SCALE IN FEET
80 160