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HomeMy WebLinkAboutLandscape Easement Agreement \y Cross- reference: *CVO Deed Inst. #8711736 �.r DoCS LANDSCAPE EASEMENT AGREEMENT This Landscape Easement Agreement (the "Agreement is entered into by and between Andrew W. and Rhonna L. Crook, husband and wife (the "Grantor"), and Justus Home Builders, Inc. "Justus (together with its employees, contractors and licensees, the "Grantee this /di day of February, 2008. Grantor is the owner of certain real estate located in Carmel, Hamilton County, Indiana, commonly known as 2288 West 136 Street, Carmel, Indiana 46032, a portion of which is more particularly described and depicted in Exhibit "A attached hereto and made a part hereof (the "Easement Property Grantor and Grantee have entered into a certain agreement for the construction, maintenance and replacement of a landscape buffer (the "Buffer Agreement under date of January 10, 2008. Under the terms of the Buffer Agreement, Grantor has agreed to grant an easement for the benefit of Grantee to construct, install, maintain and replace a landscape buffer within the Easement Property and to otherwise comply with the terms and conditions of the Buffer Agreement. Now, THEREFORE, in consideration of the premises, the following covenants, terms and conditions and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement Grantor hereby grants and conveys for the benefit of Grantee, a non exclusive easement in, over, across and under the Easement Property for the sole purpose of: (a) constructing, installing, maintaining, repairing and replacing a landscape buffer comprised of a berm of not less than two feet in height within four feet of the north boundary line of the Easement Property, evergreen trees with a minimum initial height of 12 feet to be planted, maintained and replaced on or along the berm in accordance with the approved landscape plan set forth in Exhibit "B" attached hereto and made a part hereof (the "Landscape Buffer and related drainage facilities; (b) the installation and maintenance of the signage required under the Buffer Agreement; and (c) the removal, relocation, reinstallation and reconstruction of the boundary fence currently located on the north boundary line of the Easement Property to the south boundary line of the Easement Property. 2. Ancillary Rights and Privileges In addition to the grant of easement, Grantor hereby grants the following ancillary rights and privileges solely to Grantee: 1 (a) ingress and egress over the Easement Property to fulfill the obligations of Grantee under this Agreement and the obligations of Justus under the Buffer Agreement; (b) a temporary license for ingress and egress to and from the Easement Property from and to the remainder of Crook property located south of the Easement Property to fulfill the obligations of Grantee under this Agreement and the obligations of Justus under the Buffer Agreement; and (c) the right and privilege to do any act reasonably necessary for the full enjoyment of the easement granted and to fulfill the terms and conditions of the Buffer Agreement. 3. Use of Easement Property Notwithstanding any other provision in this Agreement, it is hereby acknowledged and agreed that wherever and whenever practicable, all access to the Easement Property by Grantee shall be from and through the property located immediately to the north of the Easement Property, commonly known as Westwood Estates. In connection with the construction, installation, maintenance, replacement or other work in or on the Easement Property, Grantee shall promptly repair, subject to weather conditions and other factors beyond the reasonable control of Grantee, any damage and restore the Easement Property and any adjacent real estate that is disturbed by such work to a condition that is as near the condition that existed immediately before such work, including, but not limited to, grading to remove ruts and re- seeding of pasture land. Grantor reserves the right to use the Easement Property for any purpose which is not inconsistent with or does not interfere with the rights and privileges granted by this Agreement. 4. Term of Easement Grant and Residual Grant of License The easement granted in this Agreement shall terminate at the earlier of: (a) the date five years after the date of recordation of this Agreement in the Office of the Recorder of Hamilton County, Indiana; or (b) the date that the deed conveying fee simple title to Grantor's property, including the Easement Property, is recorded in the Office of the Recorder of Hamilton County, Indiana. To ensure access for the maintenance of the Easement Property following the termination of the grant of easement and to fulfill the obligations of the maintenance agreement required under the Buffer Agreement (the "Maintenance Agreement until the date five years after the date of recordation of this Agreement in the Office of the Recorder of Hamilton County, Indiana, Grantor, for itself and its successors in interest, hereby grants a temporary license to Grantee for ingress and egress over the Easement Property and to and from the Easement Property from and to the remainder of Crook property located south of the Easement Property to fulfill the obligations, terms and conditions under the Maintenance Agreement. 5. Covenant of Tide Authority to Act Grantor hereby covenants that it is the owner in fee simple of said Easement Parcel, is lawfully seized thereof, and has a good right to grant and convey the foregoing easement and rights. Grantee hereby covenants that the undersigned officer of Justus is fully authorized to execute this Agreement for and on behalf of Justus and that this Agreement, upon execution by both parties, shall be binding upon Justus. 2 6. Third Parties not Benefited The easements and licenses granted herein by Grantor are not intended to benefit or create any rights or privileges in any owners of real estate in Westwood Estates other than Grantee (the "Third Parties The Third Parties shall have no right to enter upon or otherwise use the Easement Property. 7. Covenants to Run with the Land The grants and obligations, and benefits and burdens created by this Agreement shall run with the real estate burdened and /or benefited hereby, as the case may be, and shall apply to and be binding upon and inure to the benefit of the parties under this Agreement. 8. Severability The illegality, invalidity or unenforceability under law of any covenant, restriction, condition or other provision of this Agreement shall not impair or affect in any manner the validity, enforceability or effect of the remaining provisions of this Agreement. 9. Applicable Law This Agreement shall, in all respects, be governed, construed, applied and enforced in accordance with the laws of the State of Indiana. 10. Modification This Agreement may not be modified or amended, except pursuant to a written agreement in recordable form executed by each of the parties hereto. 11. Entire Agreement This Agreement and the Buffer Agreement constitute the entire understanding and agreement between the parties and supersedes all prior agreements (whether written or oral), representations and understandings of the parties relating to the subject matter of this Agreement. No representations have been made to induce the other party to enter into this Agreement except as expressly set forth herein. IN WITNESS WHEREOF, Grantor and Grantee have caused this Landscape Easement Agreement to be executed this day of February, 2008. 3 GRANTOR An rew W. Crook Rhonna L. Crook GRANTEE Justus Home Builders, Inc. By: Wkx-tri:"?-) Walter E. Justus, P Id STATE OF INDIANA SS: COUNTY OF..1t5 I V /t2 Before me, a Notary Public, in and for said county and state, personally appeared Andrew W. Crook and Rhonna L. Crook, personally known to me to be the persons whose names are subscribed to the foregoing instrument and who have acknowledged their execution of this instrument as their free act and deed. Witness my hand and notarial seal this /4 day of February, 2008. PAIGE E. WAREHAM Kra a Pi blic Notary Public, State of Indiana NOTARY SEAL My Commission Expires July 4, 2015 /1 Printed Sighature My Commission Expires: /4J1tr 4, r%USf' ?i 0 Resident of 0`1 County, Indiana 4 a STATE OF INDIANA SS: COUNTY OF MARION Before me, a Notary Public, in and for said county and state, personally appeared Walter E. Justus, President of Justus Home Builders, Inc., who acknowledged the execution of this instrument for and on behalf of Justus Home Builders, Inc. as his free act and deed. Witness my hand and notarial seal this 14 day of February, 2008. at Notary Public NOTARY SEAL Karen Saville Printed Signature My Commission Expires: 7/26/2014 Resident of Shelby County, Indiana 1056867_1 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Paul. Reis This Instrument prepared by Paul G. Reis, Attorney at Law, Bose McKinney Evans LLP, Meridian Corporate Plaza Two, 301 Pennsylvania Parkway, Suite 300, Indianapolis, Indiana 46280. 5 r EXHIBIT A LEGAL DESCRIPTION OF EASEMENT PROPERTY A strip of land being 10 feet wide across and along the entire north end of the real estate described in Instrument Number 8711786, located in the Southwest Quarter of Section 21, Township 18 North, Range 3 East, Carmel, Clay Township, Hamilton County, Indiana. 6