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HomeMy WebLinkAbout146th - East Carmel LLCPa 2001- 043 is APPROVEP FORM lftXo two EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, East Carmel, LLC, an Indiana limited liability company, as the fee owner of certain real estate, (hereinafter collectively referred to as "Grantor for and in consideration of One Dollar ($1.00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby GRANT, BARGAIN, SELL, AND CONVEY UNTO the City of Carmel, Indiana, an Indiana municipal corporation, its successors and permitted assigns (hereinafter referred to as "GRANTEE a non exclusive and perpetual easement upon, over, under and across the real estate located in Hamilton County, Indiana, and described in the Water Easement Exhibit attached hereto and hereby made a part hereof, for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing water mains and equipment appurtenant thereto. Such water mains and appurtenant equipment shall be placed underground only, except for such appurtenant equipment that is customarily located at or above ground level in connection with a water main, such as fire hydrants and valves. Grantee shall have the right of ingress and egress over, under, upon and across any land, driveways and roadways located on the surface of the lands owned by Grantor, its successors and assigns, upon and within the boundaries of the easement area, for purposes of access to the easement area. Said easement also includes the rights and privileges to temporarily use, from time to time, a reasonable area of additional space, where available and necessary, that is adjacent to the easement area for equipment and materials necessary for the installation, repair and maintenance of Grantee's facilities located in, under, upon, over and/or across the easement area, to do all acts and things reasonably requisite and necessary for the full enjoyment of the 2008043640 EASEMENTS $28.00 08/26/2008 03:00:44P 9 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented easement hereby granted. Grantee also shall have the right from time to time to remove all trees, undergrowth, structures and/or other obstructions above, within, under, or immediately surrounding the easement area which may injure, endanger or interfere with Grantee's use and enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense, except as otherwise set forth herein. Notwithstanding the foregoing, Grantor hereby reserves all rights with respect to the easement area not inconsistent with the rights granted to Grantee herein. Grantor's rights also include, without limitation, the right to install, construct and maintain fences, landscaping and driveways in and over the easement area. Grantor's rights also include, without limitation, the right to grant easements in and to the easement area to providers of other utility services, provided, that the presence of such other utility lines, pipes and equipment shall not interfere with Grantee's water main or appurtenant equipment or Grantee's rights hereunder in any material fashion. Grantor shall notify Grantee in writing of any other utility service lines, piping or equipment proposed to be installed in the easement area. Subject to the rights reserved by Grantor in the preceding paragraph, Grantor, its successors or assigns, shall not erect or maintain any permanent structures, obstructions, or other improvements under and/or upon the surface of or over the easement area or perform any act which would materially impair or interfere with Grantee's use and enjoyment of the easement herein granted. The immediately preceding sentence prohibits (among the other prohibitions effected by it) the erecting or maintaining in the easement area of any earthen mound or series or system of earthen mounds. If the surface of the easement area and /or any nearby property of the Grantor, including, without limitation, any fencing, landscaping or driveway installed by Grantor, is disturbed by Grantee at any time, and/or from time to time by the installation, repair, maintenance, removal, replacement or other work in connection with utility lines or equipment, Grantee, at its sole cost and expense, shall repair and restore such permitted improvements and the surface of the easement area and/or other property of the Grantor to substantially the same condition which existed immediately prior to any such disturbance, except to the extent that Grantee was exercising its right to remove items which are materially interfering with or would materially interfere with the rights granted herein. Any work performed or caused to be performed upon, under and/or over or within the easement area at any time and from time to time shall be done at such a time and in such a manner as will cause a minimum of interference with the business being conducted by Grantor (or its successors and assigns) upon its land surrounding and adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee from performing any of its work during normal and customary daylight business hours. Grantee may not assign, grant or convey the right to use the easement area to any other person or entity or for any utility service other than Grantee's water main service without Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole and absolute discretion. Grantee agrees to defend, indemnify and hold Grantor harmless from and against any and all claims, liabilities, damages, liens, judgments, suits, costs, expenses and fees, including, without limitation, reasonable attorneys' fees, suffered or incurred by Grantor, arising out of or in connection with (i) any breach on the part of Grantee hereunder, (ii) any entry onto or work performed at or on the easement area and/or any adjoining property owned by Grantor, by Grantee, its employees, contractors or agents, (iii) any personal injury or property damage arising out of or in connection with any entry onto the easement area or any adjoining area by Grantee, its employees, contractors or agents, and (iv) any mechanic's lien or any other lien placed or imposed on the easement area or Grantor's adjoining property by any person or entity claiming by or through Grantee, its employees, contractors or agents. Grantee shall be solely responsible for obtaining any and all permits and approvals required in connection with the installation and maintenance of the water main and appurtenant equipment, and shall comply with all applicable laws, statutes, codes, ordinances, rules and regulations. All notices required to be given under this Easement Agreement shall be in writing and will be deemed given three (3) business days after posting in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, or one (1) business day after depositing with a nationally recognized overnight courier, or upon actual receipt or delivery if delivered by hand, to Grantor or Grantee at the following addresses or to such other address as either party may hereafter designate in writing for such purpose: TO GRANTOR: East Carmel LLC, a limited liability company 9757 Westpoint Drive, Suite 600 Indianapolis, IN 46256 Attn: Steven R. Edwards TO GRANTEE: City of Carmel, Indiana, a municipal corporation One Civic Square Carmel, IN 46032 Attn: John Duffy, Utility Director TO HAVE AND TO HOLD unto Grantee, its successors and permitted assigns, so long as the rights and easements herein granted shall be used by Grantee upon the terms and conditions specified herein, with ingress to and egress from the easement area, for the purposes of constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements of record. It is agreed that this grant covers all the agreements between the parties regarding the subject matter hereof, and that no representations or statements, verbal or written, have been made modifying, adding to or changing the terms of this agreement. The Grantor represents and certifies that it is the fee simple owner of the easement area and real estate surrounding the easement area; that so long as Grantee fully performs all of its obligations hereunder Grantor covenants the quiet possession of the easement area to the Grantee from and against all persons or entities claiming by or through Grantor, but subject to the terms herein; that the easement area is free of any liens or encumbrances, except the lien of current taxes and any other liens or encumbrances or other matters that, as of the date of execution hereof, appear of public record; and that, subject to the foregoing, Grantor will warrant and defend Grantee's rights to the easement granted hereby against all claims thereon by persons or entities claiming by or through Grantor. Curtis C. Huff Registered Land Surveyor No. 80040348 A part of the Northwest Quarter of Section 23, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of said Quarter Section; thence North 89 degrees 03 minutes 27 seconds West along the North line of said Quarter Section a distance of 299.42 feet; thence South 00 degrees 00 minutes 00 seconds West 1 12.76 feet to the southerly right of way line of 146th Street and the POINT OF BEGINNING of this description; thence South 00 degrees 00 minutes 00 seconds West 268.90 feet; thence South 22 degrees 30 minutes 00 seconds West 32.92 feet; thence South 00 degrees 00 minutes 00 seconds West 27.45 feet; thence South 90 degrees 00 minutes 00 seconds West 135.83 feet; thence North 87 degrees 08 minutes 35 seconds West 62.13 feet; thence North 02 degrees 51 minutes 25 seconds East 20.00 feet; thence South 87 degrees 08 minutes 35 seconds East 61.63 feet; thence North 90 degrees 00 minutes 00 seconds East 115.33 feet; thence North 00 degrees 00 minutes 00 seconds East 11.43 feet; thence North 22 degrees 30 minutes 00 seconds East 32.92 feet; thence North 00 degrees 00 minutes 00 seconds East 266.57 feet to the southerly right of way line of said 146th Street; thence South 85 degrees 17 minutes 03 seconds East along said right of way line 20.07 feet to the place of beginning, containing 0.233 acres, more or less, subject to all legal highways, rights -of -ways, easements, and restrictions of record. l l l l l l"ll \S C. S C c c No. :80040348 STATE OF S: \55115 \Legal \Exhibit\ Water Easement Desc 31308.rtf March 13, 2008, tlb DESCRIPTION NO2'51'25 "E S87'08'35 "E 20.00' 61.63' WATER EASEMENT EXHIBIT PLATINUM PROPERTIES, LLC CARMEL WATER LEGACY 146TH STREET RIVER ROAD N87'08'35 "W 62.13' NW. COR., NW. 1/4 SEC. 23, T18N, R4E, S: \55115 \dwg \20 FOOT WATER EXHIBIT.dwg, WATER EXHIBIT, 3/13/2008 4:04:51 PM, tbrown, 1:1 N. LINE, NW. 1/4, SEC. 23, T18N, N89'03'27 "W 2682.79' 2,383.37' 146TH STREET (VARIABLE R /W) S85'17'03 "E 20.07' 20' WATER EASEMENT 32.92' N00'00'00 'E 20' 11.43' N90'00'00 "E 115.33' S90'00'00 'W 135.83' i- C 0 o� O O 0 0 co 2 00 NI N 2 0 Al O d O O p o o M M cV Z/ O 8 ••••..NDIANP N22'30'00 "E I S U ��0 R4E N89'03'27 "W 299.42' NE. COR. NW. 1/4 SEC. 23, T18N, R4E, P.O.B. SOUTHERLY RIGHT—OF—WAY LINE NOW OR FORMERLY EAST CARMEL, LLC INSTR. No 2007 -43398 20' 0 S22'30'00 "W 32.92' S00'00'00 "W 27.45' GRAPHIC SCALE 25 50 IN FEET 1 j inch 50 ft. UNRECORDED DUKE ENERGY EASEMENT NOTE: This drawing is not intended to be represented as a Retracemcnt or Original Boundary Survey, a Route Survey or a Surveyor Location Report. STOEPPELWERTH ASSOCIATES, INC. CONSULTING ENGINEERS LAND SURVEYORS 7965 East 106th Street Fishers, IN 46038 -2005 (317) 849 -5935 FAX: (317) 849 -5942 DRAWN BY: TLB CHECKED BY: BAH SCALE: 1" 50' DATE: 03/13/08 JOB NO. 55115PLA PAGE OF 1 SHEETS 100 The person or persons executing this instrument on behalf of Grantors hereby represent that they have the authority to bind Grantor, jointly and individually, to the terms and conditions set forth herein. IN TESTIMONY WHEREOF, Grantor herein has executed this Easement Agreement this �t day of Av r 2008. East Carmel LLC, an Indiana limited liability company, by Platinum Properties, LLC it's sole member Steven R. Edwards Vice President Chief Financial Officer Date: 6? C i c. Sc� orNeA CITY OF CARMEL, INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY n ffic a es Brainard, Presiding g er Date: Lori Wat n Date: rG ember 0)6-0/0 ATTEST: ana L. Cordray, IAMC Car reasurer STATE OF COUNTY OF My Commission Expires: NOTARY'. z SEAL T? TIMOTHY J. WALTER Hamilton County My Commission Expires November 11, 2015 SS: Sandra M. Johnson, Deputy Clerk for Before me, a Notary Public in and for said County and State, personally appeared Steven R. Edwards, by me known to be the Vice President Chief Financial Officer of Platinum Properties, LLC the sole member of East Carmel LLC, an Indiana limited liability company, who acknowledged his/her execution of the foregoing instrument on behalf of such corporation. Witness my hand and Notarial Seal this day of J4i4 v)T 2008. NOT PU:'�i Printed Name My County of Residence: Date: STATE OF INDIANA COUNTY OF SS: Before me, a Notary Public in and for said County and State, personally appeared James Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Membe s of the Ci of Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk- Treasure of the City of Carmel, who acknowledged the execution of the foregoing "Agreement" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this 2 t� 0 day ofusLcS f 2008. NOTARY PUBLIC C• Ann avi My Commission Expires: Printed Name P' 9 My County of Residence: Date: 22f t'� t, 1 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. Douglas C. Haney Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.