HomeMy WebLinkAboutEasement-Michigan Road Multifamily Water Line EasementPrior Deed Reference: Instrument No 2024017633, in
the Recorder's Office for Hamilton County, Indiana
WATER LINE EASEMENT AGREEMENT
.c.:_ .I TlJ-is Water Line Easement Agreement (the "Agreement") is made and entered into this 6�ay of�t7)i2,,Jj.ll <' , 2024, by and between Michigan Road Multifamily Partners, LLC, an Indiana limited liability company ("Grantor") and the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("Grantee").
RECITALS:
A. Grantor is the owner of certain real property located on N. Michigan Road, Carmel, Indiana,in Hamilton County, Indiana more particularly described in Exhibit 1 attached hereto and incorporatedherein ("Grantor's Property").
B. Grantee, in connection with Grantee's improvement/construction of certain water utility linefacilities (the "Project") requires a permanent, exclusive easement over, through, under, upon and acrossthat portion of Grantor's Property more particularly described and depicted on Exhibit A and Exhibit Battached hereto ap.d incorporated herein, (the "Easement Property") to provide for the laying, installing,constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utilitylines, 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 e_onsideration 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 a non-exclusive,perpetual easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting,altering, repairing, replacing and removing the Improvements through, under and across the EasementProperty. All Improvements shall be located underground or on the surface of(and, except for fire hydrants,not protruding above the surface of) such ground. Grantee shall have the right to remove from the EasementProperty, without liability for replacement or repair ( except as provided in paragraph 2 of this Agreement), any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes, earth berming, landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition ofsuch easement. Grantee shall also have the right of ingress and egress over, upon and across the Grantor's Property for purposes of access to the Easement Property. The easement also includes the rights andprivileges (i) to temporarily use, from time to time, additional space on the Grantor's Property, whereavailable and necessary, for equipment and materials necessary for the installation, repair and maintenanceof the Improvements located through, under or across the Easement Property, provided that such temporaryuse shall in all instances be subject to the reasonable approval of Grantor including, but not limited to, thelocation and periods of time of such use, and (ii) to do all acts and things requisite and necessary for the fullenjoyment of the easement hereby granted.
2. Obligations 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
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the Project, Grantee shall repair, restore, and replace any damaged driveways, paths, sidewalks or parking
areas on the Easement Property, and Grantee shall seed the affected portion of the Easement Property.
Grantee shall not be obligated to restore any landscaping, trees, vegetation or similar items and shall have
no other repair obligations other than as set forth herein. In the course of any work perfonned by Grantee
pursuant to the rights granted it hereunder, Grantee shall (i) diligently pursue the completion of such work,
(ii)use commercially reasonable efforts, to minimize any disruption or interference with the use and
conduct of business upon Grantor's Property, and (iii) except for emergencies involving the public health,
safety or welfare, not unreasonably impair vehicular or pedestrian access to and through Grantor's 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 (provided, however, that the erection or
maintenance of driveways, curbing, asphalt or concrete paving, paths, sidewalks, parking areas or similar
improvements shall be permitted) or perfotm any act which would unreasonably 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 it) the erecting or maintaining in the
Easement Property of any earthen mound or series or system of earthen mounds.
-----------4.Obligations of Grantor. Grantor shall not install any fence, structure, or other improvements
( other than those installed by Grantee and other than those permitted in this Agreement). 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.Easement and Covenants Appurtenant. 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.
6.Environmental Matters. To Grantor's knowledge, neither Grantor's Property nor the
Easement Property is currently subject to or threatened with any environmental lien, written claim or
proceeding. Gran tor agrees that between Gran tor 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
unless caused by Grantee or Grantee's employees, agents, representatives and contractors; (ii) acts of
Grantor or any other third party (other than Grantee's employees, agents, representatives and contractors);
or (iii) conditions on the Grantor's Property or the Easement Property not created by Grantee or Grantee's
employees, agents, representatives and contractors.
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 party of any one default hereunder will not be deemed to be a
waiver of any other default under this A greement. Any remedy or election under this Agreement will not
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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 Easement Property.
10.Entire Agreement. This 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, 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 (other than any mortgagee of the Grantor's Property) shall be necessary for such termination,
modification, or amendment.
11.Governing Law. 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_shalLhe_deemed_delhr_er_e_d
two business days after deposit in such mails, or ( c) 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:
With a copy to:
If to Gran tor:
With a copy to:
Form as of August 26, 2020
City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: Corporation Counsel
City of Carmel
30 W. Main Street
Suite 220
Carmel, Indiana 4603 2
Attn: Director of Utilities
Michigan Road Multifamily Paitners, LLC
c/o: Fred Fehsenfeld, Jr.
4415 West 116th Street
Zionsville, IN 46077
REI Real Estate Services, LLC
11711 North Pennsylvania Street, Suite 200
Carmel, Indiana 46032
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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
unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or
circ umstances 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.
14.Authority. 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 to Grantor's
knowledge, Grantor is the fee simple owner of the Easement Property; that Grantor has the right to grant
this easement; and that no approval of any other party is necessary for the granting of this Agreement or to
the extent necessary has been obtained by Grantor.
[Signature pages to follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement
as of the day and year first above written.
STATE OF :!ncl\OvlO.,.. )
) SS:
COUNTY OF U CAVH \ '\ofl )
GRANTOR:
MICHIGAN ROAD MULTIFAMILY PARTNERS, LLC
By:r�r�::u-
Printed: Fred M. Fehsenfeld, Jr.
Title: Authorized Signatory
Before me, a Notary Public in and for said County and State, personally appeared Fred M.
Fehsenfeld, Jr., an Authorized Signatory for Michigan Road Multifamily Partners, LLC and who having
-------been-dul-y-sw0m-a0lrn0wledged-e-xecmtion-0f-the-foregoing---"-Water-6in e-Easement-Agreement-''-for-and-on---
behalf of said entity.
Witness my hand and Notarial Seal this 1L. day of S.t(>tm�ef , 2024. --ix--Ay Commission No7Expiration: lJ\1f./M� \ �; ·W?J?t --eJkit?v1Ylcvti.t1 -.:fi'.lato-Notary PJglic
My County of Residence: /:,f OVr1 ii ·1-\, ,'\...,
Form as of August 26, 2020
ASHLEY MARIE MOTE Notary Public • Seal Hamilton County -State of lndttna Commission Number NP0649058 My Commission Expires Nov 13, 2029
Printed
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This instrument was prepared by Jason A. McNiel, ICE MILLER LLP, One American Square, Suite 2900,
Indianapolis, Indiana 46282.
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. Jason A. McNielForm as of August 26, 2020 7
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EXHIBIT 1 Grantor's Property
Pmi of the Northwest Quarter of Section 6, Township 17 N 01ih, Range 3 East, in Hamilton County, Indiana, more particularly described as foUows:
LOT 2 AND BLOCK A OF THE EDGE OF WEST CARMEL AS RECORDED AS INSTRUMENT NUMBER2024017284 IN PLAT CABINET 6, SLIDE521 IN THE OFFICE OF
THE RECORDER OF HAMILTON COUNTY,INDIANA,SAID REAL ESTATE IS LOCATED
IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH,RANGE3 EAST
OF THE SECOND PRINCIPAL MERIDIAN, CLAY TOWNSHIP OF HAMILTON COUN1Y,
INDIANA. Fo1m as of August 26, 2020 8
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VARIABLE WIDTH WATER LINE EASEMENT DESCRIPTION
Port of the Lot 2 and Block A in The Edge at West Carmel Subdivision recorded in Plot Cabinet 6, Slide 521 as Instrument Number 2024017284 in the Office of the
Recorder of Hamilton County, lndiono, being located in the Northwest Quarter of Section 6, Township 17 North, Range 3 East, of the Second Principal Meridian in the City of
Carmel, Cloy Township of Hamilton County, Indiana, and being more particular� described by Anthony 8. Syers, LS20800124 of Civil & Environmental Consultants, Inc. on
August 13, 2024, as follows:
BEGINNING at the Southeast comer of said Lot 2: thence South 89 degrees 38 minutes 34 seconds West (Indiana State Plane -East Zone bearings) along the south line
of sold lot o distance of 805.40 feet; thence North 45 degrees 11 minutes 51 seconds West o distance of 20.34 feet; thence North 00 degrees 02 minutes 16 seconds
West o distance of 152.35 feet: thence North 12 degrees 30 minutes 23 seconds West o distance of 2.31 feet: thence North 69 degrees 50 minutes 56 seconds West o
distance of 20.07 feet: thence North 37 degrees 11 minutes 29 seconds West a distance of 81.94 feet: thence North 16 degrees 30 minutes 37 seconds West o distance
of 30.09 feet to the north line of said Block A being o point on a non-tangent curve to the left having o radius of 459.50 feet, the radius point of which bears North 41
degrees 47 minutes 23 seconds West; thence northeasterly along said north line on ore disionce of 2. 77 feel northwesterly to o corner of said Block A being o point which
bears South 42 degrees 08 minutes 06 seconds East from said radius point: thence North 16 degrees 30 minutes 37 seconds West olong west line of Block A o distance
of 429.39 feel; thence South 62 degrees 10 minutes 13 seconds East a distance of 17.48 feet: thence South 16 degrees 30 minutes 37 seconds East parallel with said
west line o distance of 445.72 feet; thence South 37 degrees 11 minutes 29 seconds Eost o distance of 74.81 feet; thence South 69 degrees 50 minutes 56 seconds Eost
a distance of 12.44 feet; thence North 77 degrees 29 minutes 37 seconds East a distance of 9.62 feet: thence South 12 degrees 30 minutes 23 seconds East o distance
of 18.32 feet: thence South 00 degrees 02 minutes 16 seconds East o distance of 147.75 feet: thence South 45 degrees 11 minutes 51 seconds East o distance of 7.86
feet: thence North 89 degrees 38 minutes 34 seconds East parallel with the south line of said Lot 2 o distance of 799.25 feet to the eost line thereof: thence South 00
degrees 02 minutes 16 seconds East along said east line a distance of 15.00 feet to the Point of Beginning, containing 0.502 acres of land, more or less.
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EXHIBIT B
Easement Property (Depiction)
OONNA NElS/J/1, AS TRUST[[ U/A OTO 08 � - -�-- _J_
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06 2002, OONNA N[LSON AS Sllll.OR ,,. / iINSTR./2
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REFERENCE:
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This exhibit is based upon the Plot of The Edge ot West Carmel by Civil & Environmental Consultants, Inc., ProjectNo. 311-804, recorded as Instrument No. 2024017284. Fo1m as of August 26, 2020 \ I I I I
GRANTOR
/JICHICAN R(),1,/) /JUlllFA/Jll Y
HOLDINGS, UC
INSTR. /20240176JJ
LOT2
LINE TABLE
UNE # DIRECTION LENGTH
LI S 89'38'34" W 805.40'
l2 N 45'11'51" W 20.34'
LJ N 00'02'16" W 152.35'
L4 N 1130'23" W 2.31'
L5 N 69'50'56" W 20.07'
L6 N 3711'29" W 81.94'
L7 N 16'30'37" W 30.09'
L9 N 16'30'37" W 429.39'
L10 S 62'10'13" E 17.48'
Lil S 16'30'37" E 445.72'
Ll2 S 3711'29" E 74,81'
Ll3 S 69'50'56' E 12.44'
Ll4 N 7729'37' E 9.62'
NORTH
/NO/ANA STATE PW/[
£AST Z0N[ 8£AI//NGS
LINE TABLE
LINE# DIRECTION LENGTHI
L15 S 12' 30'23' E 18.32'
L16 S 00-02'16' E 147.75'
Ll7 S 45'11'51' E 7,86'
LIB N 89'38'34' E 799.25'
Ll9 S 00-02'16' E 15.00' '
CURVE TABLE
CURVE I RADIUS O£LTA L£NG.
Cl 459.50' 0·20•43• 2.17
WATERUNEEASDIENT' 0.502% ACRES POINT OF BEGINNING
SECORNERLOT2
SOIJ7II UNf l(K 1/4 SEC. 6, '1 m, iJ£. -
1:111:
Civil & Environmental
Consultants, Inc.
TH£ TOWNES AT WESTON POINTE SECTION I
530 E. Ohio Street
SuiteG
INSTR. l2004IXXJ67314
P.C.3, SUD£489
SCALE IN FEET ,-..W.,,F_ 0 150
REI INVESTMENTS, INC.
EDGE AT WEST CARMEL 11335 N. MICHIGAN RD.
CARMEL, INDIANA Indianapolis, IN ◄6204
Ph: 317.655.7777
www.cecinc.com VARIABLE WIDTH WATER LINE EASEMEI
DAAWN BY: ElH CHECKED BY: NAB APPllOYEO BY: ABS EXHIBIT:t-DA_JE:_· --AUG_U_S_T _13-, 202--+4 OWG_SCAlE: ___ ---1'=_1_50'+-Pll-OJ_ECT_NO: __ --3-11--804---, 1 OF 2
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