HomeMy WebLinkAboutCarmel Drive - Laycock, David/Johnson, Robert 200401 050566
Filed for Record in
HAMILTON COUNTY, INDIANA
u JENNIFER J HAYDEN
07 -20 -2004 At 12:49 pm.
EASEMENTS 27.00
Cross Reference to Prior Deed of Record: Warranty Deed recorded as Instrument No.: 84 -4003, in Book 342, Page
89 in the Hamilton County, Indiana Recorder's Office
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E DRAINAGE EASEMENT AGREEMENT
G
a This Easement Agreement this "Agreement") is made and entered into this 22 day of
CC I 2003 by and between ROBERT J. JOHNSON and DAVID E.
LAYCOCK "Grantors and THE CITY OF CARMEL, IND[ANA "Grantee
RECITALS
A. Grantors own certain real property (the "Grantors Parcel located in Hamilton
County, Indiana more particularly described as follows:
See Exhibit A attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement and widening of West Carmel
Drive and Grantee's construction of certain storm water drainage improvements related to such
widening (the "Project requires a permanent easement over a portion of the Grantors Parcel
which permanent easement area (herein referred to as the "Permanent Easement Parcel is more
particularly described as follows:
See Exhibit B attached hereto and incorporated herein.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises
and covenants set forth herein, the parties hereto agree as follows:
1. Grant of Permanent Access. Drainage and Maintenance Easement. Grantors
hereby grant and convey to Grantee an exclusive, perpetual easement over, under, through and
across the Permanent Easement Parcel for the purpose of:
(a) Storm water drainage.
(b) Access, ingress and egress for the initial installation, future maintenance,
repair and replacement of (i) other improvements related to the Project and (ii) future
improvements conducive to the drainage of storm water.
(c) Removal, without liability to Grantee (except as otherwise provided below),
of any "Improvements" (hereinafter defined) located within the Permanent Easement Parcel,
whether now existing or hereafter placed or constructed; provided, however, Grantee shall
be solely responsible for the cost and expense of removing any Improvements existing as of
the date hereof and identified on Exhibit C attached hereto and incorporated herein by this
the date hereof and identified on Exhibit C attached hereto and incorporated herein by this
reference, and Grantors shall reimburse Grantee (within thirty (30) days following written
demand therefor) the cost and expense of removing any Improvements placed or
constructed thereon at any time after the date hereof unless such Improvements are either
constructed by Grantee pursuant to (b) above, or approved by Grantee in advance in writing
which approval may be withheld in Grantee's sole discretion. The term "Improvements" in
the immediately preceding sentence hereof shall include, without limitation, fences,
buildings, structures, asphalt or concrete paving, curbing or other similar improvements,
trees, bushes, earthen or other mounds, levees or berms, and other structures.
2. Obligations of Grantee. Subject to the terms described in Section 1, Grantee shall
restore the Permanent Easement Parcel, to the extent practicable, to the condition as existed prior to
the commencement of the Project.
3. Rights Retained by Grantors. Grantors shall retain unto themselves, and their
grantees, heirs, successors and assigns, and others to whom Grantors may grant
rights or easements, the right to use the Pennanent Easement Parcel for any and all
purposes and uses not inconsistent with the foregoing rights granted to Grantee.
4. Obligations of Grantors. Unless the prior written consent of Grantee is obtained as
aforesaid, Grantors shall keep the Permanent Easement Parcel free of any and all Improvements
(other than those placed or constructed by Grantee). Grantors shall mow and care for the grass
located within the Permanent Easement Parcel and shall keep the Permanent Easement Parcel free
from debris, silt, weeds, refuse and any other obstructions.
5. Easement and Covenants Appurtenant. The easement and other rights granted,
created and made herein, together with the benefits thereof, shall run with the Grantors Parcel
and inure to the benefit of Grantee and its grantees, successors and assigns. The easement
granted, created and made herein, together with the burdens thereof, shall run with and bind the
Grantor Parcel, and shall bind Grantors and their grantees, successors and assigns. All covenants
and agreements of the Grantors and Grantee hereunder, together with the benefits and burdens
thereof, shall be deemed to be real covenants which touch and concern the Permanent Easement
Parcel and the Grantors Parcel, as applicable, shall run with the Permanent Easement Parcel and
the Grantors Parcel, and shall inure to the benefit of and be binding upon Grantors and Grantee,
as applicable, and their respective grantees, successors and assigns. All covenants and
agreements hereunder may be enforced by an action for specific performance, and in the event
that a party breaches any such covenant or agreement, the other party may exercise any remedy
available hereunder, at law or in equity, and recover from the breaching party all amounts
expended in connection with exercising any such remedy (including without limitation, court
costs and attorneys' fees).
6. Notices. 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, if to the Grantee, to
Grantee at:
City of Carmel
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
Attn: President
with a copy to:
Hall, Render, Killian, Heath Lyman, P.S.C.
One American Square, Suite 2000
Indianapolis, Indiana 46282
Phone: 317 -633 -4884
Fax: 317 -633 -4972
Attn: Robert A. Hicks, Esq.
or to such other address as Grantee may from time to time designate by written notice to Grantor,
or if to Grantors, addressed to Grantors at:
David E. Laycock
147 Carmel Drive West
Carmel, IN 46032
or to such address as may be designated by the Grantors from time to time.
7. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
IN WITNESS WHEREOF, Grantors and Grantee have executed this Agreement as of the
date first written above.
3
GRANTORS: GRANTEE
Robert J. Johnson By:
C— 7
Printed: Stephen Enaelking,
David E. Laycock Title: Director of Administration
STATE OF INDIANA
SS:
COUNTY OF Kosciusko
Before me, a Notary Public in and for said County and State, personally appeared Robert
J. Johson, Grantor(s) and who, having been duly sworn, acknowledged the truth and accuracy of
the made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this 12th day of Au 2003.
My commission expires: 07 -13 -06 Uc r zct
Notary Public
Clare A. Baumgardt
I am a resident of KosciuskoCounty. Printed Name
STATE OF INDIANA
SS:
COUNTY OF HAM t iff N
Before me, a Notary Public in and for said County.and State, personally appeared David
E. Laycock, Grantor(s) and who, having been duly sworn, acknowledged the truth and accuracy
of the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this A day of Au acs f 2003.
My commission expires:
Notary Public
I am a resident of 1 f-'4 2 ‘t`' County. Printed Name
4
STATE OF I N
)SS:
COUNTY OF i r
Before me, a Notary Public in and for said County and State, personally appeared
Stephen Engelking, the Director of Administration of Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
y
Witness my hand and Notarial Seal this 22 day of Cc (Jr- 2003.
My commission expires:— 0 7
Notary Public
I am a resident of /r(41`) County, Indiana
Printed Name
5
t 84 4003 arruni•g �rr BOOK g.- PAGE 8 9
THIS INDENTURE WITNESSETH, That CARMEL PROPERTIES, AN INDIANA
PARTNERSHIP "Grantor
of Hamilton County in th State of Indiana CONVEY
ANDWARRANTto ROBERT J. JOHNSON and DAVID E. LAYCOCK
'''`'.'-'7•-••-i•::.,' of. Hamilton C in the State of Indiana ,for the sum
-i..- k,:,.;-
of One and No /100 Dollars (51.00) and other valuable consideration, the receipt of which is hereby
t I. Hamilton County, in
acknowledged, the following described real estate in
f the State of Indiana:
r
SEE ATTACHED REAL ESTATE DESCRIPTION.
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x SUBJECT TO THE FOLLOWING EXCEPTIONS:
1. Easements, restrictions and rights of way of record. oni 3/30 y
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2. Current taxes not delinquent iR z� G
3. Mortgage for $110,000.00 from Carmel Properties, an Indiana
y.. Partnership, to Union State Bank dated March 17, 1980,
recorded March 18, 1980 in Mortgage Record 396, page 211.
t'J�J r 3 1984 D lLY TERED FOR TAXATION
„X This Instrument Recorded -Cy
Mary L Clark, Recorder, Hamiltsn County, Ice. day
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i ;:u o i t Auditor a.
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1 i 1 .t j c O V t1C'Y t o (tout]
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W LL li WITNLSS WHEREOF, Grantor has executed this deed this 2(P day of
i q 1M.CV 19 B
Signature (SEAL) Signatu2'I. (SEAL)
Printed �eeeay "f (tAVTL Printed "r1,001.4,r 1liila4Q
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SPATE OF INDIANA
CV 1 SS: }oac
COUNTY OF HAMILTON d I.,orLC• Cht
33efore me, a Notary Public in and for said County and State, personally appeared
who acknowledged the execution of the foregoing. Warranty Deed, and who, having been duly sworn,
stated that any representations therein contained are true.
�(P_ day of rl./\,C T 9 84 1
Witnzsc my hand and Notarial Seal this f
,s, y M Sr Signature 1. Q0. rtQl.A 0. r N. k a l;r s
comma ion expires B
0 E 0(` PA�), i 1cici Printed no�nra\ 'C11 j Io€icy c V r
t' Residing in C it A County' a a
.4; This instrument was prepared by William B. Olsen, attorney at law:
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REAL ESTATE DESCRIPTION -Q,�� 9O
BOOK _SS _PAGE
Part of the Southeast Quarter of Section 36, Township 18 North,
Range 3 East in Hamilton County, Indiana, more particularly
described as follows:
r 7 Commencing at the Northeast corner of the Southeast Quarter
of Section 36, Township 18 North, Range 3 East; thence South
00 degrees 00 minutes 00 seconds (assumed bearing) on and
:Ifonwo g the east line sa Southeast Quarter 938.15 feet
the South right of wa line of Carmel Drive; thence South
yI 'a r
1: j 90 degrees es 00 seconds West eees 00 minut0 ons Wes o an a a d long sid right
line 771.43 feet of to id the point of curvature of a curve
'mss- ,.su
K Y s ry with a radius of 561.07 feet, the radius point of which bears
,s 4 1' North 00 degrees 00 minutes 00 seconds from said point of
-A
curvature; thence westerly on and along said curve 25.96 feet
to a point which bears South 02 degrees 39 minutes 03 seconds
;:.Z.:;:
West from the radius point of said curve, said point also
..;"I's
z being the place of beginning of this tract; thence Westerly
`y_- on and along said curve 98.96 feet to a point which bears
,:a South 12 degrees 45 minutes 24 seconds West from the radius
point of said curve; thence South 00 degrees 45 minutes 10
4 1:M seconds West 411.64 feet; thence South 89 degrees 51 minutes
24 seconds East 98.11 feet; thence North 00 degrees 45 minutes
10 seconds East 398.63 feet to the place of beginning.)
s'' .This tnstrum;nt Recorded52/a4 30 19S4
Mary L Ctu4, Recorder, Hamilton County, Ind
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CONSENT AND SUBORDINATION
The undersigned, as the holder of a lien on the Grantor Parcel, hereby consents to the
foregoing Agreement and agrees that the lien of that certain Mortgage dated February 17, 1988
and recorded on February 19, 1988 as Instrument No. 88 -3008, and the First Amendment to
Mortgage dated November 12, 1998 and recorded on November 24, 1998 as Instrument No. 98-
67374, together with all documents executed in connection with such Mortgage is subject to and
subordinate to the Agreement and that any foreclosure or deed -in -lieu under such Mortgage shall
not extinguish or invalidate the Agreement or the rights, benefits, duties and burdens of the
parties thereto and their respective successors and assigns.
NATIONAL CITY�BANK OF INDIANA
By:
4u2 l° Pa(rrift
Printed: hl f ,4 le ‘179
STATE OF INDIANA
SS:
COUNTY OF HTrillton
hB oree a Notary Public in and for said County and State, personally appeared
the duly authorized officer of National City Bank of Indiana, who acknowledged
execution of the foregoing Consent and Subordination for and on behalf of said [type of entity].
WITNESS my hand and Notarial Seal this 31 .qtay of Cctober '003.
My commission expires: 71/2°10 Y� IJVY -Q
Notary Public
1 am a resident of Hartilton County, Indiana Dire Ott
Printed Name
This instrument was prepared by and, following recording, should be returned to: Robert A. Hicks, Attorney at
Law, HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064,
Indianapolis, Indiana 46282, (317) 633 -4884.
49077_ 1 RAH
PARCEL #7 EXHIBIT
PROJECT NO. 03 -01 DRAWN BY SF 05 -30 -03
ROAD NO. CARMEL DRIVE WEST CHECKED BY TEN 05 -30 -03
COUNTY HAMILTON OWNER ROBERT J. JOHNSON DAVID E. LAYCOCK
ADDITION: N/A BOOK 342, PAGE 89 SCALE 1" 40'
SECTION: 36 DATE: 3 -30 -84
TOWNSHIP: 18N NE COR
RANGE: 3 EAST HATCHED AREA IS THE I SE 1/4
APPROXIMATE TAKING -G-- SEC. 36
PROPOSED This plot was prepared from information obtained
DRAINAGE from the Recorder's office and from plans prepared T18N, R3E
by CrossRood Engineers. P.C. dated Apr,I. 2003 for W
EASEMENT the City of Carmel (Project No 03 -01) and was not
necessarily Checked by a field survey. I
0.007 AC.± o
SCALE: 1 40' 0 00
P.O.B. o o
o
C4 CARMEL DRIVE
co
N 00'45'10" E C2 C e_ rr
10.22' C S 90'00'00" W
C1 S 09'32'02" W 771.43'
02'39'07" 10
D 10'12'43" SOUTH R/W
R 561.07' CARMEL DR.
T 12.99'
L 25.96'
CL= 25.97'
CB N 87'20'53 "W
C2
06'52'55" ROBERT J. JOHNSON
D 10'12'43" M
R 561.07' DAVID E. LAYCOCK
T 33.74' D.R. 342, P. 89
L 67.39'
CL= 67.35'
CB N 83'54'26 "W
C3
0 03'00'37"
D 10'01'59"
R 571.07'
T 15.01'
L 30.00' 98.11'
CL= 30.00'
CB N 78'57'39 "W
C4
A 03'13'25 D 10'1 243" /7 \STE O ,p
R 561.07'
T 15.79' PREPARED BY:
L 31.57' No. 29600021
CL= 31.56'
CB S 78'51'151
STATE OF
i A 4 E
L \1 4 --4%
xt
G
ENti1NEER5tiPL'
To
Development pment Consultants
3417 S. SHERMAN DR.
BEECH GROVE, IN 46107 (317)780 -1555
Exhibit "3"
Project No.: 03 -01
Parcel No.: 7
PART OF TI-IE SOUTHEAST QUARTER OF SECTION 36, TOWNSEIIP 18 NORTH, RANGE 3
EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Commencing at the Northeast Corner of the Southeast Quarter of Section 36, Township 18 North,
Range 3 East;
Thence South 00 degrees 00 minutes 00 seconds East (assumed bearing), along the East line of ikid 1 1
Southeast Quarter, a distance of 938.15 feet to the South right of way line of Carmel Drive;
Thence South 90 degrees 00 minutes 00 seconds West on and along said South right of way line, a
distance of 771.43. feet to the point of curvature of a curve with a radius of 561.07 feet, the
radius point of which bears North 00 degrees 00 minutes 00 seconds East from said point of
curvature;
Thence Westerly, along said South right of-way and along said curve a distance of 25.96 feet to a
point which bears South 02 degrees 39 minutes 07 seconds West from the radius point of
said curve, said point being the Northeast corner of a parcel conveyed to Robert J. Johnson
and David E. Laycock as described in Deed Record 342, Page 89 of the records on file in
the Office of the I Iamiltan County Recorder;
Thence continuing Westerly, along said right -of -way line and along said curve a distance of 67.39
feet to a point which bears South 09 degrees 32 minutes 02 seconds West from its radius
point, said point being the PLACE OF BEGINNING;
Thence South 09 degrees 32 minutes 02 seconds West a distance of 10.00 feet to a point on a curve
with a radius of 571.07 feet, the radius point which bears North 09 degrees 32 minutes 02
seconds East;
Thence Westerly, along said curve a distance of 30.00 feet to a "point which bears South
12 degrees 32 minutes 39 seconds West from the radius point of said curve, said point also
being on the West. Line of the aforesaid parcel;
Thence North 00 degrees 45 minutes 10 seconds East, along the West Line of said parcel, a
distance of 10.22 feet to a point on the aforesaid South right -of -way line of Carmel Drive,
said point being on a curve with a radius of 561.07 feet, the radius point which bears North
12 degrees 45 minutes 27 seconds East from said point of curvature;
Thence Easterly, along said right -of -way line and'along said curve, a distance of 31.57 feet to the
POINT OF BEGINNING;
CONTAINING 0.007 ACRES MORE OR LESS.
I, TRENT E. NEWPORT a Registered Land Surveyor in the'State of Indiana, do hereby certify
that this legal description was prepared by me on June 13, 2003, from the current deed record of the
property described and from road plans prepared by CrossRoad Engineers, P.C. for the City of
Carmel Project No. 03 -01. I further certify that to the best of my belief and knowledge this
description is in accordance with Title 865, Article I, Rule 12 of the Indiana Administrative Code.
TRENT E. NEWPORT
INDIANA LAND SURVEYOR E lllllj /r,
NO. LS 29600021
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