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HomeMy WebLinkAboutEASEMENTS-Drainage Easement - Crawley-202302162023005008 EASE $25.00 02/16/2023 04:25:40PM 10 PGS Trini Beaver DocuSrgn Envelope to: 8D63D231-D271-4365-B924-DB82D2E1A5E5 Hamilton County Recorder IN Recorded as Presented II II II II II II II II I I I I I I II EIC Cross Reference to Prior Deed of Record: Instrument No. 2022-40157 in the Hamilton County, Indiana Recorder's Oft -ice 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 casement. 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 casement 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 arid the mutual promises and covenants set forth herein, the parties hereto agree as follows: I . Grant of Casement. 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 improverents 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 (lie 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 an(.] 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 327 lAC 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_ R ine ld 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 Wid 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. E=mgal a_ d Covenants APPUrtenant. 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. I DocuSign Envelope ID: 8D630231-D271-4365-B924-0882D2EIA5E5 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 ate 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. It. 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: Lindsav Crawler Title: Property Owner STATE OF INDIANA) SS: COUNTY Printed: Rex Dewayne Herbert Jr 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. 2 DocuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2E1A5E5 WitE ess my hated ai)d Notarial Scal this .' G pia of _ �.�r�-U, y�. ,.a4. )o My commission expires. Notary Public I am a resident of L �.W County, Indiana Printed Name urae Insleyblic, State of Indianailton EM Countyn Number Nmrtwmmission Expiresa 5, 2027 DocuSign Envelope ID 8D63D231 D271-4365-B924-DB82D2E1A5E5 GRANTEE CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY DocuSigned by: Jar §'fA1Hft?Ef,'Mayor Date: 2/15/2023 DocuSigned by: �m a� 1� s ace as ca. Mary Amn ff rte',. Member Date: 2/15/2023 Dacuaigned by:. Lori 20"', ember Date: 2/15/2023 ATTEST: ---=DocuSigned by: 6a2n86(3.7A9844 e;6. _. Sue Wolfgang, Clerk 2/15/2023 Date: Y .J, HARMEYER ..r...wr.� STATE OF INDIANA) ^+ ;fv'uorc, State of 1, HOLLY .I. HARMEYER ,tamilton County SIX ffNotery Public, State of indlana )SS: z r n, #s,on Numb€ar NPU ?.. rg SEAL Hamilton county ommission Expier.. Commission Number NP0737982 COUNTY OF HAMILTON } ember 15, 2029 My Commission expires 1.i,,,Ni]IiAN`>>�� December 15, 2029 Before n1e, a Notary Public in and for said County and State, personally appeared Janies Brainard, a nlermber of the City of Carmel, Indiana Beard 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 12023 My Cowmission Expires: HOLLY J, HARM 6YER Notary Public, State of Indiana z SkEj.L Hamilton County r Commission Number NP0737982 5 �raiN �•;'� My Commission Expires December 15, 2029 DocuSign Envelope ID: BD63D231-D271-4365-B924-DB82D2E1ASE5 12/15/2029 Residing in Ham 1 1 ton ---County STATE OF INDIANA) )SS: COUNTY OF HAMILTON ) Notary Public Holly ] Harmeyer Printed Name HOLLY J. HARM'EYER Notary Public, State of Indiana � Hamilton County Commission Number NP07379B2 ^r My Commission Expiros ,till: Ill, 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 Camiel, 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 PuWc Residing in Hami 1 ton County STATE OF IN©IANA) )SS: COUNTY OF HAMILTON ) Holly 3 Harmeyer Printed Name LLY J. HARMEYERry Public, State of IndianaHamilton EM. Countymission Number NP0737962y Commission ExpiresDecember 15, 2029 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 My Commission Expires: 12/15/2029 Residing in Hamilton .__-- -__----County 6 day of February --- , 20 2 Notary Pub]t f Holly 3 Harmeyer Printed Name DocuSign Envelope ID: BD63D231-D271-4365-B924-DB62D2E1A5E5 STATE OF INDIANA) )SS COUNTY OF HAMII TON ) HOLLY J. HARMEYER Notary Public, state of Indiana Hamilton County SEAL; e. +'• a � Commission Number NP0737982 My commission Expires F December 15, 2029 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 day of February 20 23 f F My Commission Expires: 12/15/2029 Notary Public, Residing in Hami 1 ton County Holly 3 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 I h Lli O z h n. Z Z Q z 0 ui W z 0 W Wz h cc Q w U. 0 g W (� N w Z y h W 2 Q J W Z z 4 �1- U0 N Q W W 2 p �VWZui W0. 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Q O U i F-W �O ZF�-C3~�zWWWWW V) o L]'_ N O u- W tL l" -j �i1 yy Wvi 3 r 0Z W W!7 dMO Fes- OZ 04V W QC3 L? d q z 2 K7 Q Z Vl Vt Vi w �V O z h� 2 WZ W ts4-W�F-F--F-� 0 y`f rZO F-WWz<<< �-z 0<, t W OOWWW w U r �)YY�0yy Q �ZU®V(nuaCK 0.fr7WW aaN Q W0. 0 0 W Ln©NWWWww 0-0 a- d zUvinzO®o Ul VYo C7 V i� hl W al jllr_ i � 5 onto;- E I � I F k w� �z Y fIH IT, us S 00'45'G2 E aJ W \\,1NIMI$Wjtf !!!Ir \\\ j E J a II V 1 4 i o- W CD _ G Q V, t Ln r- O m m DocuSign Envelope ID: 8D63D231-D271-4365-B924-0682D2E1A5E5 SURVEY EXHIBIT " B I I 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; 11-IENCE NORTH 89 DEGREES 34 MINUTES 58 SECONDS EAST 10.00 FEET TO THE POINT OF BEGINNING. No. Y 1S20400007 STATE OF N� S11R�� !f!!!!Il!llliny1551��\ 0 0 ®R- - 01 R MILLER SURVEYING INC, 948 CONNER STREET 5 NQBLESMLLE INDIANA 46060 PH. 1 (317) 773-2644 FAX 773-2694 LOCATION: PART OF THE NORTHWEST DRAWN BY: 6DD CHK'D BYi KRA QUARTER, SECTION 6-17--3 SCALE: 1' = 100 FIELD BOOK: DC HAMILTON COUNTY, INDWNA FIELD WORK COMPLETED: NA DATE: 2-3 23 PAGE: ri NT* MAPIC Wii i fA)us JOTS NUMBER SURVEY 4 FILE: SURVEY EXHIBIT I B40735 DacuSign Envelope ID: 8D63D231-D271-4365-B924-DB82D2EIA5E5 SURVEY EXHIBIT "C" PART OF THE NORTHWEST QUARTER, SECTION 6, TOWNSHIP 17 NORTH, FLANGE 3 EAST HAMILTON COUNTY, INDIANA 116th STREET 4CA7}i L E OF 78E N.w. 1/a, $EC 6-17-] - N W. CORNER ST . 019157 M15T01Z02Z022 O N 64'74'56' is 10.00' I �10' DRAM1AGE EASEuEIl7 I I �N I$ 12 I 8I Imo, I41 I�I I I � I I"I I I ly 1' �I I 'I I I I I I I h I I I Soya � `\1`�4151111,i'llll y\\`\ I � l r �FGISTEI?* Na (� GRAPHIC SCALE L520400007 F T m STATE OF d 0 50 100 200 ., �y� NplAx �q�, SCALE : 1" - 100'�IriIISU1R���<`�' -_ MILLER SURVEYING INC. 948 CONNER STREET NOBLESVILLE INDIANA 46060 - PH.. # (317)- 773-2644 FAX 773-2694 LOCATION: PART OF THE NORTHWEST - --- DRAWN BY: BUD CHK'D DY, KNA --- QUARTER, SECTION 6-17-3 SCALE: 1" = 100' FIELD BOOK: DC HAMILTON COUNTY, INDIANA - -- F9ELD WORK COMPLETED: NA DATE: 2-3-23 PAGE - [CLIENT: ENT: MARK WILLIAMS .LOB NUMBER 11- SURVEY 4 FILE. DESCR€PTION: SURVEY EXHIBIT E340735 -