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Home My WebLink AboutEasement-Fehsenfeld Land Holdings Water LIne EasementPrior Deed Reference: Instrument No 2012-070077, in the Recorder's Office for Hamilton County, Indiana WATER LINE EASEMENT AGREEMENT /'A. /' ..f This w_ ater Line Easement Agreement (the "Agreement") i_s made and entered_ into t�is __ f9 __ datof ---�e;p()�,e r , 2024�by7md�between-Feh�fetd-I::;and-Huklmgs�I:;I��n-Intlrnrra-hm1ted�1tabrht·�--- 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 at 11335 N. Michigan Road, Carmel, Indiana, in Hamilton County, Indiana ("Grantor's Property") more particularly described in Exhibit 1 attached hereto and incorporated herein. B.Grantee, in connection with Grantee's improvement/construction of certain water utility line facilities (the "Project"), requires a permanent, exclusive easement over, through, under, upon and across that portion of Grantor's Property more particularly described and depicted on Exhibit A and Exhibit B attached hereto and incorporated herein, (the "Easement Property") to provide for the laying, installing, const ructing, 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 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 Easement Property. 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 Easement Property, 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 henning, landscaping and other structures that exist prior to, at the time of, or after Grantee's acquisition of such easement. Grantee shall also have the right of ingress and egress over, upon and across the Grantor's Prope rty for purposes of access to the Easement Property. The easement also includes the rights and privileges (i) 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 through, under or across the Easement Property, provided that such temporary use shall in all instances be subject to the reasonable approval of Grantor including, but not limited to, the location and periods of time of such use, and (ii) to do all acts and things requisite and necessary for the full enjoyment 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 Form as of August 26, 2020 1 Docusign Envelope ID: C350E580-CBE4-484F-B357-6BF371CE14D3 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)�8-t:LCD111!Ilercially _______ rnasnnahle___rlforts,�m__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 ---�· mproxements�shalLb�e�p�ermitte�d)�ocp�erform____any�acLwhLe___h__J..yould 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 Agreement. Any remedy or election under this Agreement will not Form as of August 26, 2020 2 Docusign Envelope ID: C350E580-CBE4-484F-B357-6BF371CE14D3 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, ___ shalLrun_wlth__ihe_Grantor-'-s___Ero_perty_andJ:h_e__Eas_em_ent___Ero_pe_rt_)l�----------------- 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. ----�J. Go�erning Law.�This�AgrnemenLwill �he�gQ\Lerned_by_and��o�stnLeilin��ccordance�w�it=h�th=e�-- 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 shall be deemed delivered 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: City of Carmel One Civic Square Carmel, Indiana 4603 2 Attn: Corporation Counsel City of Carmel 30 W. Main Street Suite 220 Carmel, Indiana 46032 Attn: Director of Utilities Fehsenfeld Land Holdings, LLC c/o: Fred Fehsenfeld, Jr. 4415 West 116th Street Zionsville, IN 46077 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 tem1 or provision to persons or Form as of August 26, 2020 3 Docusign Envelope ID: C350E580-CBE4-484F-B357-6BF371CE14D3 circumstanc es 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____ thaUhe'}'_hay_e_the_authority_to_bindGrantor_tQthe_terms_and_conditions_s__etiorthher_ein_and_thatallne_c_essar_)l ___ _ action the refore 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] F01m as of August 26, 2020 4 Docusign Envelope ID: C350E580-CBE4-484F-B357-6BF371CE14D3 IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement as of the day and year first above written. STATE OF _:tno\\MPY ) ) SS: COUNTY OF \AOll'Y\·, H·o/l ) GRANTOR: FEHSENFELD LAND HOLDINGS, LLC By:Fd[�7-Printed: Fred Fehsenfeld, Jr. Title: President Before me, a Notary Public in and for said County and State, personally appeared Fred Fehsenfeld, Jr., an Authorized Signatory for Fehsenfeld Land Holdings, LLC 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 1J_ day of �Ji{)!-eM�, 2024. My Commission N o./Expiration:�-1Y) o.ni L ···"Qt� l,'.)o{.ffYixc r�1?-0J...q Notary Publ My County of Residence: \.A om, \WI\ Form as of August 26, 2020 Printed ASHLEY MARIE MOTE Notary Public • Seal Hamilton County • State of lndltna Commission Number NP0649058 My Commission Expires Nov 13, 2029 5 Docusign Envelope ID: C350E580-CBE4-484F-B357-6BF371CE14D3 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 Docusign Envelope ID: C350E580-CBE4-484F-B357-6BF371CE14D3 Docusign Envelope ID: C350E580-CBE4-484F-B357-6BF371CE14D3 EXHIBIT A Docusign Envelope ID: C350E580-CBE4-484F-B357-6BF371CE14D3 EXHIBIT B Easement Property (Depiction) DONNA NELSON, AS 'TRUSTEE U/A DTD OB 06 2002, DONNA NELSON AS S£171..0R INSTR. i/202DOJ8J91 NORTH IND/ANA STAT£ PLAN£ £AST ZONE' BEARINGS \ -��-\ \ \ P.O.B. NWCORNER LOT1 LINE TABLE LINE# DIRECTION L1 N 72·10•11• E L2 s 15·30•37• E L4 N 52·10•13• W L5 N 15·30'37" W LENGTH 15.00' 34.51' 4.87' 49.51' CURVE TABLE ---- <.n_ \ -\ WATER UNE EASEMENT 0. 142z ACRES \ \ \ L0T1 GRANTOR F£HS£NF£LO LANO HOLDINGS. LLC INS'TR. i/2012070077 CURVE # I RAO/US I DEL TA I LENGTH Cl I -,59_50• I 070•-,3• I 2.77' \ \ \ \ \ \ \ \ \ LOT2 \ \ \ \ --------- LOT2 \ \ \ \ \ \ \ \ \ Cf \ \ \ \ \ \ \ ) REFERENCE: This exhibit is based upon the Plot of The Edge at West Carmel by Civil &; Environmental Consultants, Inc., Project No. 311-804, recorded as Instrument No. 2024017284. P.O.B. -POINT OF BEGINNING SCALE IN FEET Civil & Environmental Consultants. Inc. 530 E.Ohio Street Suia, G Indianapolis. IN 46204 Ph: 317.655.nn www.cecinc..com �--0 80 REI INVESTMENTS, INC. EDGE AT WEST CARMEL 11335 N. MICHIGAN RD. CARMEL, INDIANA VARIABLE WIDTH WATER LINE EASEMENT ._o_RA_W_N_B_Y: ______ ..=EI..H=-c+=--· _·_BY_: _____ .:..:N.:..:R=B+AP_P_RO_v_E_D_BY_; ____ A:...:B=.S=-iEXHIBIT: DATE: AUGUST 13, 2024 DWG SCALE: 1 "=80' PROJECT NO: 311-804 1 0 F 2 Fonn as of August 26, 2020 10 160 Docusign Envelope ID: C350E580-CBE4-484F-B357-6BF371CE14D3