HomeMy WebLinkAboutGary Brett and Brook Adams - 10585 Hussey Lane EasementDocuSign Enyelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE
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APPROVED
Prior Deed Reference: Instrument No 202065 t 65, in the
Recorder's Office for Hamilton County, Indiana
WATER LINE EASEMENT AGREEMENT
This Water Line Easement Agreement (the "AgMgment') is made and entered into this $7' day
of v R , 2022, by and between Gary Brett and Brook Adams (" ra tor") and the City of
Carmel, Indiana, acting by and through its Board of Public Works and Safety ("Grantee 1)•
RECITALS:
A. Grantor is the owner of certain real property located at 10585 Hussey Lane, in Hamilton
County, Indiana ("rr's Pro rt ') more particularly described in ibit 1 attached hereto and
incorporated herein.
B. Grantee, in connection with Grantee's improvement/construction of the 1061 Street Water
Main Extensions (the "ProiecY') requires a permanent, exclusive easement over, through, under, upun and
across that portion of Grantor's Property more particularly described and depicted on ibit A and Exhibit
B attached hereto and incorporated herein, (the "Easement Prover') 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 equipment on, over, through, under,
upon and across the Easement Property (the "Improvements")•
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 am 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 berm ing, 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 s
described and depictcd in Exhibit A and Exhibit f 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 appropriate substitute
easement instrument if either Grantor or Grantee shall deliver to the other a written request for such a
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
rove w of August 26.2020
DgcuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-94lF1939EBAE
improvements installed by Grantee within the Easement
such nearby property owners b�<service pipes to the
their grantees, successors, agents, or employees restore
Property, provided such nearby property owners
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. Obligations of Grantee. Grantee shall maintain, repair, replace d service the
improvements. Subject to the location of the improvements on the Easements Pam%' upon completion of
Ac Project or any subsequent work done by Grantee on the casement 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 tttutually agreed upon between
Grantee and Grantor in advance of any subsequena work being completed on the easement property.
3. &hts &etained by Grat'tot. Grantor shall retain unto itself the tight 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 Prorty or perform any act which would impair or interfere
with Grantee's use and enjoyment of the Easement Property or the casement herein granted. 'fast;
immediately preceding sentence prohibits (among the mound other prohibitions eor series or ffected
f earthen it) Elie moundesing or
maintaining in the Easement Property y
4. t�blittaons of Grauttor. Grantor shall keep the Easement Property fra'e 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.
5. ent and Covenanfs Anpuncnant. 'line 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.
6. Env'ronmem2l 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 dMt 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 'lot created
by Grantee.
7. Other Obligations, 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 patty 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
Form as or August 26,2020
DocuSign Envelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE
be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other remedies
at law or in equity.
9. Amendrrzettt Grantor and Grantee agree that this Agreement shall only be mollified or
released by the express, written consent of both Grantor and Grantee. Said consent, when duly fccorded,
shall run with the Grantor's Property and the Easement Property.
10, Rntirc Agreement. his agreement contains 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, ate hereby merged into this Agreement. Tltis 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. Govemirta l aw. 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 rather
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 (c) sent ley 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. Severability. 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 unenforceablen
the remainder of this Agreement, or the application of such terra 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.
roan as of August 26, 2020
DocuSign Envelope ID: 441 DFD7D-9EC8-4FOB-AEB2-941 F1 939EBAE
14 Authority. The person(s) executing this instrument on behalf of Grantor hereby represent that
they have the authority to bind Grantor to the terns 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 �n Grantee; that the Easement Property is free of any liens or
encumbranr , except the lien of current taxes and any other lien or encumbrance that, as of the mate 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 granted herein against all claims thereon.
[Signature pages to follow]
form as ofAugu% 26,2020
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
Printed: Cta-`� 4r��
Brook Adfins
By:_
Printed-2 L-02k- l�
STATE OF )
SS:
COUNTY OF � . )
Before me, a Notary Public in and for said County and State, personally appeared Qary Brett and
11r®ok .Adams, the 03Me 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 �L..o:WLtAary
2022.
Myngmtssigq Nxpiration:
t U C
(;open of Residence.
Form as of August 26, 2020
Printed
DocuSign Envelope ID: 441 DFD7D-9EC8-4FOB-AEB2-941 F1 939EBAE
GRANTEE:
THE CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
DocuSigned by:
By:
8ri��f'dlfd, Mayor
11/16/2022
Date:
ocuSignged by: ,p
By:�--�dn-l-�--111�In rM
na4>jrke, Member
11/16/2022
*D"gned By,8rl
Member
62
Date:
ATTEST: DocuSigned by:
S„ yc. Wo
Sue Wolfga , ,C$;l1W9844C5...
11/16/2022
Date:
\'Sy PU��i� HOLLY J. HARMEYER
STATE OF INDIANA ) ; o?.•••.,e� Y Notary Public, State of Indiana
)SS:=2:SEA� "= Hamilton County
COUNTY OF HAMILTON ) _+ •, . Commission Number NP0737982
1 "tANR` My Commis Ex ire
ised ayor James
Before me, a Notary Public in and fo fl 4 o and Si9�6 i ap 21 el's Board
Brainard, Mary Ann Burke, and Lori Watson. by me own
of Public Works and Safety and Sue Wolfgang, Clerk of the City of Camel, who acknowledged execution
of the foregoing Water Line Easement Agreement on behalf of the City of Carmel.
Witness my hand and notarial seal, this 16th day f Nov mber 2022.
My Commission No./Expiration:
12/15/202q - a`�' P
Holly Harmeyer
Mygoun 4t f Residence:
affi
Form as of August 26, 2020
Printed
DocuSign Epvelope ID: 441 DFD7D-9EC8-4FOB-AEB2-941 F1939EBAE
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]
Parm as orAugusi 26, 2020
PocuSign Envelope ID: 441 DFD7D-9EC8-4FOB-AEB2-941 F1 939EBAE
EXMRIT 1
Grantor's Property
"00 lwowolbkk 17.13.10.00U0 W lutim Si
013,000
13. 0-ICZ,
Viv,
!0!5!
-02.
S '
Form worAugu3t26.2020
DocuSign Epvelope ID: 441DFD7D-9EC8-4FOB-AEB2-941F1939EBAE
E2i0MIT "A"
OWNER: Gary Brett & Brook Adams (Parcel 1)
QUITCLAIM DEED RECORDED AS: Instrument No. 202065165
ElAAMTON COUNTY PARCEL NO.: 29-13-10-000-013.000-018
PERMANENT WATER MAIN EASEMENT
part of the Northeast Quarter of Section I o, Township 17 North, Range 3 East, of the Second Principal
Meridian lying in Clay Township, Hamilton County, Indiana, and described as follows:
COMN'LENCING 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 1061 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
106' 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 106' Street; 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:\Cannel\Projects\248321 Carmel Hoover Road WM Extension\CAD\DWG\Exhibit\248521- Parcel 1-
Adams - Description.docx
DocuSign Envelope ID: 441 DFD7D-9EC8-4FOB-AEB2-941 F1 939EBAE
SURVEYOR'S STATEMENT
To the best of my knowledge, information, and belief, this description and plat are being prepared to
represent a route survey and one-step easement plat in accordance with Title 865 Article 1 Chapter 12 of
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.
E.
LS 29800021 ' a
STATE OF 1iih/
DAVID E. LAUER
PROFESSIONAL SURVEYOR
LS29800021
DATE: March 24, 2022
1:\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
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