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HomeMy WebLinkAbout5776 Meadowlark Lane - Minnick, David/Anne (2) 200200033 Filed for Record i r S HAMILTON COUNTY, IMDI,. I MARY L CLP.RK 05- 06 -r0 Oil EASEMENTS J5 DEED CROSS REFERENCE: Deed Inst.f#- 2.000 5Itf°3 SANITARY SEWER EASEMENT AGREEMENT Sanitary Sewer Easement Agreement "Agreement ")is made and entered into as of the This day of March, 2002, by and between David Minnick and Anne Minnick, husband and wife "Grantor and Stephen W. Delaplane and Jacqueline P. Delaplane, husband and wife "Grantee WHEREAS, Grantor is the owner of certain real property located in Hamilton County, Indiana, which is more particularly described in the attached Exhibit "A" and incorporated herein by this reference (hereinafter "Grantor Real Estate having a street address of 5776 Meadowlark Place, Carmel, Indiana 46033; WHEREAS, Grantee is the owner of certain real property located in Hamilton County, Indiana, the legal description of which is more particularly described in the attached Exhibit "B" and incorporated herein by this reference (hereinafter "Grantee Real Estate having a street address of 5186 Briarwood Trail, Carmel, Indiana 46033; WHEREAS, the Grantor Real Estate abuts the Grantee Real Estate; and the western boundary of the Grantor Real Estate is co- terminus with the eastern boundary of the Grantee Real Estate; WHEREAS, Grantee has requested, and Grantor has agreed to grant to Grantee, an easement to allow Grantee to construct a sanitary sewer pipeline under the Grantor Real Estate subject to the terms and conditions of this Agreement; and WHEREAS, Grantee will, at a date to be determined solely in the discretion and at the election of Grantee, construct (or will allow a third party to construct) a sanitary sewer pipeline under the Grantor Real Estate. and in consideration of the mutual NOW, THEREFORE, for the sum forth and other ood and valuable consideration, the receipt covenants and agreements hereinafter set g and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1 of 9 1 Into or ation of Recitals. The foregoing recitals are true. 2 Grant of Sewer Easement. Grantor hereby grants to Grantee aperpetual easement twenty (20) width for an underground over, on, across, under and through ground sanitary sewer pipeline, as is more particularly described feet in the Grantor Real Estate (the and depicted in Exhibit "Sewer Easement) to: operate, maintain, patrol, replace, and (a) l construct, install, reconstruct, renewPar well as related and appurtenant repair an underground sanitary sewer pipe p e underground pipeline facilities and equipment, and uisite for the full enjoyment of the easement hereby (b) to do all acts and thing s re q terns and conditions of this provided for herein, all in accordance with ate egress over and across the Sewer agreement, together with the right of ingress and Easement upon the following terms: (1.) Grantee shall have said right of ingress and egress over and across the Sewer Easement for the duration of the existence and for the duration of Easement as defined in Section 3(a) below; the existence of the temporary easements under Section 3(a) and (2.) after expiration of the "Construction Easement as defined in Section 3(a) below, at any time that there is no temporary e asement under Section 3(a) below in effect, Grantee shall have right of ingr ess and egress over and across the Sewer Easement (i) in the event of an emergency prior to Grantee's entry of the emergency p entry upon the Sewer Easement; and hours prior in all other cases, upon twenty- four (24) (ii) in shall have the right to come notice to Grantor, Grantee ose of onto the Sewer Easement for the pure conducting routine inspections, repair, maintenance, replacement and reconstruction of the sanitary sewer This pipeline and its relateEaq�Pe t to Granteeltshal be grant of the Sewer deemed to permit Grantee to remove or relocate any physical obstruction within the Sewer Easement. Notwithstanding anything to the contrary contained herein, if, before, during, or after the e desi and engineering, laying, construction, or installation of the pipeline and 2 of 9 appurtenant underground pipeline facilities and equipment merit on a portion of the Sewer Grantee P ound sanitary Sewer th area of the Sewer Easement (for exam ad Easement, Grantee discovers that it not possible for an underground Y p ipeline to be constructed within a onion of the Sewer Easement containobstruction ch is a utili the al re by its because p has an easement within the area of the Sewer the area of the easement granted )then Grantor shall adjust underground sanitary sewer pipeline terms eu d or er so as to permit Grantee to install an otherwise), hereunder a location as close appurtenant underground pipeline facilities and ted h and o pP al area of t as possible and practicable to the origin he Sewer Easement gran Provided however, that Grantor shall not be required to adjust the area of the use of the Grantor adjustment would onion of the original easement if such adj ld materially imp disturbed i g the Real Estate; and if Grantee a has not replaced and restored any p is defined in Section 3 herein), Easement Property (as that term practicable to the condition exercise of the Sewer Easement, to a condition as near as P existing prior to the exercise of the Sewer Easement. 3. Grant of Construction Easement' Continuin Obli ations. a the Sewer Easement provided for above, a G r sally shall have temporary ease upon (a) Appurtenant easement for sixty 60 days commencing up date by Grantor and Grantee, being an easement of fift a I S and feet placement in an width, of the off of the north side of the Sewer Easement for the construction line, equipment and facilities within the Sewer Easement (the sewer pipeline, ent" "Easement Property" as referred to hereunder shall be "Construction in Easem within the Sewer Easement the Construction ot defined to include t o t that the a e cannot reasonably comp eriod due to events, entities, Easement. To the extent that Gran the sixty (60) day P on wr the sanitary sewer pipeline within Grantee shall, up and its reasonable control, acts of God or other causes bey for each day of such delay. To the extent notice to Grantor, have an additional day tor, which shall not be unreasonably and upon the written approval of Gran easements covering the withheld Grantee shall have replacement and withheld or delayed, Gran the use of temporary repair, rep Sam area as the Construction Easement and facilities for periods not exceeding reconstruction of said pipeline, equipment thirty (30) days each. (b) Grantee shall construct lay, install, reconstruct, construct, n, place, maintain, repair, equipment, facilities and operate, patrol, replace and/or remove the pipeline, lcable federal, state and local law, fiance with all applicable laws, safety improvements in comp (including without limitation, an y r documents ty ordinances, r ule rules laws) [collectively, the "Laws and/or any or and/or environmental of 9 instruments against the Real Estate as of the effective date hereof Grantee d a n y inst recorded aga other writing by Grantee documents or instruments agreed upon in portion of shall replace and restore any p Grantee, at Gran sole comb d expense, condition existing (c) disturbed the exercise of the Sewer Easement an or Construction E practicable the Easement Easement, asemet, to a condition as near as P the Sewer Easement and /or the Construction Easement. prior to the exercise of except in the case of an expiration o four (24) hours prior notice to enter 4. Furt g e R y, Grantee After exp f the Construction Easement our (24) observation of the pipeline to n er emergency' Easement r ope iVo routine at ro least twe inspection, Prior to the commencement for routine Pa1TO�d by Grantor. Pn upon m e Eaanmenc Property escort p including, but not limited e o, t equipment and faci an with an of any other activity (including, and/or any except in the case of an replad�ment and reconstruction of the maintenance, is 1a the ent and tproper pipeline facilities, and installation, improvements) e of work or pipeline facilities, equipment ee s a imp for with notice of the type Grantee shall provide Gran surrounding p completion. activity to be performed and the timetable for comp use the Easement Property and t to us Reservation of ts• Grantor shall have the nigh R purpose, which is not inconsistent with or will not interfere 5. for any this Agreement; provided, surrounding property rivileges provided for by e nnanent structure o obst with the shall not and P any building or other P riot written Construction Easement without the p when Grantor r or over erect or Sewer Easement eir► Y unreasonably withheld or delayed p and c o, under or ov the Sew connt shall not be °unr d or de the erecting on consent Grantee. Such provision does not prohibit recorded, shall run with the Real Estate. This P ent or the Construction Easfmcnng r or maintaining on, the Sewer Easement but not limited to, constructing improvements including, non-permanent structures or unP landscaping. P nor to an ee covenants that any and all activities performed (p sement A c tiv ities. Gran, "Public Assignee as hereinafter defined in Section 9 6. Ea Agreement to a an d Safety)) in connection with the assignment of this Carmel, an t, the Construction City of Carmel, IndianaBoard of Public Works (such as, way related to the Sewer Easement, rthed prior to an use m or enjoyment rights or in any this Agreement (said activities perforrned the nghts under as hereinafter defined in Section 12, Easement, Agreement to a "Public Assignee", assignment er e re e this Agr "Easement Activities shall be conducted in accordance with, a applicable Laws including, but not limited to, all app ble hereafter fy referred to rical th meet all app well not limited other terms hereof. federal, satisfy regulations, as federal, state and local environmental laws and regu ent or other termination of Upon the release, vacation, abandonment Agreement to a rovements. Up (but not the assignment of this rte on the 7. Removal of Im Agreement (b the b1j s Assignee" easement rights under this Grantee shall promptly, up "Public as hereinafter defined in Section 9), Publ 4of9 equipment, facilities, Property facilities, p written s n re quest of Grantor, remove other any and all pipes, structures, r i rovements to the in pe and full and any and all other 1mP personal property ursuant to this Agreement placed, constructed or otherwise made p compliance with applicable Laws. damages and elief. Grantee and Grantor acknowledge and agree that monetary ensate a ply for the other party's 8. In' u nctive R Bement and Grantee and legal remedies It of not adequate covenants, t comp s and conditions of Agreement relief i proper and Gant or default a the th inn ediate, unconditional inj Grantor hereby agrees that, imm breach or default (or anticipated breach or default). Granto th event of,Grantee's appro priate in hereunder is for the exclusive benefit the Bed in writing b�' the parties hereto or until this 9. Use t o Sewer E sttat uunless otherwise agI contemplated or private corporation under contract Grantee ee Reis Estate public utility P natal unit to provide Agreement is assigned to a nee municipality p or other gover provide or or licensed by a oruiucipality ental quasi g vernm with a municipality eneral public (such governor sanitary S ewer service si the a collectively referred to as a "Public Assignee re goVerrunent contract assignees conditions and All of the covenants, agreements, with Land forth in this Agreemen are intended to co be and shall be 10. Covenants rights the inuring intended the benefit shall and enforceable restrictions, rights an benefits running witth the land binding upon onion of the construed as covenant subsequent owners of all or any P Grantor, Grantee and the shall not have the Grantor by and its successors and assigns) n eat, shall not h av e he Grantor assign Grantee Real Estate. Grantee or this Agr an of the rights or benefits hereunder, except in the case of the ri to re any prior written consent of Grantor, case of the its Assignee whiceq duties hereunder without the p ee, Grantee r equ a notify cs n gnor ant of this entire A to a Public enttoaPub h shall not r lic Assignee, consent of Grantee). In the case of an assignor and assumption by the Public Grantee and the Public Assignee shall enter into an assigmnent Grantor; and firming, ent to the Public Assignee It gr Assignee confirming of ing the assignment obligations and duties under thus Agreement. a benefits, assignment of all of Assignee o all and agreed' ,rights on the request of Grantee for the t ssi Public Assignee, G understood and agreed that up rights, benefits, this Agreement and in good faith begin Grantee's nigh obligations and duties under tlu ee shall immediately Grantor, Grantee and the Public Assign Agreement to a Public Assignee. negotiations for the assignment of this entire 11. NO S van under (a) Any and all notices to be given this Agreement shall be in writing and i the recipient arson or by registered courier (including, but n not limite to, shall g either delivered in p Express) with receipt o overnight delivery services such as Federal Eie receipt, addressed as follows: or by certified mail, postage prepaid, return P 5 of 9 David and Anne Minnick To Grantee: 5776 Meadowlark Place Carmel, Indiana 46033 with a copy to: Jane Merrill enburger Nelson Frank Suite 220 3021 East 98 Street Indianapolis, IN 46280 Stephen and Jacqueline Delaplane To Grantee: 5186 Briarwood Trial Carmel, Indiana 46033 with a copy to: Michael T. Crowley c/o The Reis Law Firm 12358 Hancock Street Carmel, Indiana 46032 have occurred upon receipt or refusal a thereof. to have occurred m ay Delivery t dll by deemed to h transmissions, but delivery shall only be have o ci urred tea by facsimile transmi transmission by bpott receipt telephonic confirmation trap u pon receipt of telep ation of successful facsimile upon receipt. notice of change of address shall be effective only p tang in Any give notice to Grantor by er ency, Grantee may gi (b) lnthecaseofan e1n g hone or leaving or attempting to leave a message with person by p 846 -8482 844 -0106 or via facsimile (317) Jane Merrill (317) David or Ann Minnick (317) 569 -048 is understood and agreed that upon the d ef effective date of the 12. Limitation of Grantee Liabil� It Grantor, Grantee an ent agreement to be entered into between ations, duties and liabilities between assignrn Bement shell Grantor to the Grantee a of othe G tee Indemnif ied Parties) under this Agreement pursuant d Grantee (and the other Grantor an terminate as of that effective date. an ting the Sewer Easement and ees to pay, within thirty (30) days following receipt dditional Consideration. As additional consideration for gr 13. Construction Easement, Grantee the Constru 6 of 9 Upon receiving payment for said legal fees, the Grantor or Grantor's attorney shall notify negotiation notice thereof, o ll reasonable legal fees incurred by Grantor in connection with the ment Up in writing fees, (at negotiation and preparation of this Agreement. Grantee or Grantee's attorney the addresses provided in Sectionl 1 above) of the same. eement r epresents the entire agr eement between the parties Entire A� e ement. This Agr riot oral or written understandings or 14. t may ra be amended only by a written a eem the grant a easement d ed nb Th e is Agreemen regard s uperseded. agreements are hereby the parties hereto. instrument executed by 15. Governi ng shall be governed by and interpreted in accordance with the Law. This Agreement s laws of the State of Indiana. Agreement shall constitute a breach of any p of this or any prior, concurrent or subsequent 7•122___A. laiver anNo y waives b of any shall be effective unl.:st 16: riot or subsequent breach of the same, bre of any P The effective failure n any other provisions hereof, and no waiver by any party made of any signed by an authorized tin and sign representative of that paeement, or any of the terms and may havens made in writing compliance of this Agreement hereof, f, s upon deemed ed a rights hereof, shall not be deemed a waiver of any is or remedies that such party for convenience of reference s contained in thus Agreement are terms hereof. 17. Ileadin s. The section heading t the scope of this Agreement or any only and are not intended to define or limit application of any of its provisions to provision o unenforceable, the remainder of this 18 a part ---ability. If any p f this Agreement or the or ble, the remainder remain any p ay t circumstance is the illegal, provisions t the other party Agreement and application of P valid and in full force and effect. Mies to this Agreement to the event of any litigation involving the p remedy Agreement a upon to Attorceyn Fee In t under this Agreement to enforce any under p his 19. provision of or light is of either party default any p of the rights other party its attorney default under the prevailing or seeking a declaration ling ply shall be entitled to recover from e preparation, and Agreement, the p the reasonable costs of investigation Pep and expenses as well as on of such litigation. All other attorney p ees an P shall Agreement and the transactions contemplated hereby fees or expert relating s Agre incurred by the Section 13. be and expenses relating th same, except as provided in be borne by the Pte' incurring including its. This Agreement may be executed in o n e r original and all counterparts, ick together 20. CO im each of which shall be deemed g facsimile counterparts eement. shall constitute one and the same agr 7 of 9 David Minnick Anne Minnick S TATE OF INDIANA SS; COUNTY OF HAMILTON ersonally appeared David a Notary Public in and for the State of Indiana, the execution of the Before me, been duly sworn, Anne Minnick, who, having Minnick and Arm Sewer Easement Agreement. foregoing APcm- 'Witness 2002. my hand and Notarial Seal this 9 day of M Corrunission Expires: Notary c Printed Name TERRY C. WICKER County, Residing in Indiana l�A IN Notary Public. State d County of Wayne my Commission Expires Aug. 12, 2009 8 of IN WITNESS WHEREOF, the part ies hereto have caused this Agreement to be duly executed the day and year first above written. Stephen W. elaplane 671)1 w acs =ineP. Delaplane STATE OF INDIA SS: COUNTY OF HAMILTON personally appeared Stephen W. e me, a Notary Public in and for eSb� a Indiana, sworn, acknowledged the execution of Befor P who, having Delaplane and Jacqueline P. Dela lane, Sanitary Sewer Easement Agreement. the foregoing day of4 2002. Witness my hand and Notarial Seal this i e /7e2) My Commission Expires: N ublic ea l Printed Name Residing in County, IN nt was prepared by Michael T. Crowley, Attorney at law, The Reis Law Firm, LL,C,12358 Hancock Street, This instnme 46032 -5807. Carmel, Indiana 9 of 9 EXHIBIT A Grantor Real Estate Lot 279 GLEN SECTION TEN the plat of which is in THE TRAILS AT AVIAN P.C. 2, slide 147, in the Office of the recorded in P.C. 2, slide 135 am Recorder of Hamilton County. EXHIBIT B Grantee Real Estate od Addition, a subdivision in Hamilton County, page 73, as amended in the Lot Number 16 in Briarwood by Certificate a Correcti as per plat thereof recorded in P1a lndiana Y Offce Indiana, P Certificate Office of the Recorder of Hamilton County, 152, page of October 31, 1977 in Miscellaneous sC" Page 1 of 2 A I Scale: 1 Lot 279 0 u 0 F.. Y 4i o 3 n w 1 7 0 r d Z O O N 3 N J O Z O a] N J m b S83'3 "E 1 0.00' G= S00'25' "W N00'25' "E Pro posed 20' S.E. 20.00' 20.00' 25 N89'34'14 "W 140.00' P. 0.8. Prepared February 26, 2002 for Steve Deloplone Proposed 20 ft. Sewer Easement A part of Lot 279 In The Trails at Avian Glen Section Ten the plat of which is recorded in Plot Cabinet slide inet 2. 135 in the Office of the Recoder of Hamilton County Indiana. more particulorlY described os follows: East t fe et to the East minutes 46 of Lot East 20.00 279; thence South Beginning at thlhS Southwest comer of Lot 279; thence comer of sold Lot 279; thence North 89 degrees 34 minutes 14 seconds West l 140.00 thence South 25 minutes 46 seconds West 20.00 feet to the point of beginning. feet to th 89 degrees 34 minutes 14 seconds feet; 00 00 deg IiAHN SURVEYING GROUP, INC. $vsrt>•on i VIGINIMBS M .fi,., Job 0202191 e'—'6"—-4 \v I Qa,�tp,(,ET Grantee Property Addr 5186 Harwood �(1� Iv Property Description: Lot Number 16 in Btiatwood C Z1 1 G ta am, f Addition, a subdivision in Hamilton County, 7a 1 iiw Indiana, as per plat thereof recorded in Plat Book 5.. s�� i page 73, u amended In the Office of the Recorder r .6.A.... 2 4z s1 j of Hamilton County, by Certificate of Correction of 1 October 31, 1997 in Miscellaneous Record 152 page 548. r� ��IJ�O r x k t■t•A .4. �j 1 dtrN si I s -19 W T. 1s.c 20' DRAINAGE 65M7. 0.00 120 —i 120.00'. t o r' 120 :00 12 0.00 202.17' Z 1 rancor Property Addres OLEN SECTION TEN in the plat of which s: 5776 Meadowlark Place 3 perty Description: Lot 279 in Tim TRAILS AT 20' 3 C20 O.E. 3 276 20' D.E. s (AVIAN In P.C. 2, slide 135 do amended P.C. 2, `I' O 278 s "r i n 1: de 147, In the Office of the Recorder of Hamilton O "t•. 9 is 1 6.894 S.F. a .277 a d 8624 S.F. e` o uoty. o, 4 16� 800 'S:F., .a�i 571$ r d (13 404 o r l i •°0 7 577' -r' 20.50 S.F. it St:1BAgC %.,1 57 2) z 5776) z 40 B.L. 8L z �tEt�1 AR l c9._1._ 1 I to 20.00 120.Ob' s• MAC 120.00' 74.02' 4 653: Qe 9• N e A W o •860.93 t fnoy� Q it. J. t „v PLACE o F� V N I 1 M E A V c 1 L A 1 K P LAGS R�� Qom•... k0-1 IX CI 120.00' 120.p0' 120.00' .65 :38' SQ .o, 0 .ti> Q 0 27 5 20' D.W.E. IN N o 43. J., 0 e 1 d 299 w 8 w 4 0' 9.L: 36.14 4 cif S:F. 16.800 S.F. o 16.83 S.F. r 297 20 .F. 1 o N 2 it\ 1 5770 d o 7 5"75 17 S.F. c+ N 9 it) 1-; 5779 w NO2'37.'30 "E V, rn Tirap76 SZ:9T Z00Z LZ H3J SURVEYOR LOCATION R NO ORNERTMADESIGNED RERS ERE SET NDATHE LOCATION DATA HEREIN WITH I BASED ON UMITED ACCURACY MEASUREMENTS SU THEREFORE. NO LIABILITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR MENSTRUCENTS CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES. that the subject'property does does not k lie within that Special Flood Hazard Area Zone 'A' This Is to accuracy is subject to map sale uncertainty and to any flier uncertainty In location or elevation in C mmuntty The accuracy s sub) g of the Flood Insurance Rate Maps, effective date 5, j et Pan el Number oB 00 04^ G PROPERTY ADDRESS: 5776 Meadowlark Place PROPERTY 2 SI de 135 amended P.C. 2, Slide 147 in AVIAN of a Recorder of Hamilton which is recorded on County, in P. 2, Indiana. N .i N.° 14.0 15 1 I I Lod 111 trAt.. 664. S c 51' N Z o 1: 3.1' 1 o. 1 d— I o I H g J 1 0 1.' d I I s e", k--.'- ._T T 140.5 TITLE COMPANY: MORGAN b ASSOCIATES, INC. LENDER: WELLS FARGO HOME MORTGAGE, INC. I hereby certify to the parties named above that the real estate described herein was Inspected under my supervision on the date indicated 29 of 865 to the best of best a no wVEYOR LOCATION REPO. RT with the requirements contained in Sections 27 throng BORROWERS(S): David Anne Minnick NOTE: This report is not intended to represent a survey, nor Is it intended to be used by, and /or benefit, the the borrowers. CERTIFIED: 01/30 /02 CLIENT NO: 02299617 0alAnup, 40 c1,0 /�nn�� Go 1ST lilt D 0 SURVEYOR £E .:77 N IN ISTER 8 800 177 INDIANA C C r r: OCIATES. INC. JOB NO: 20020 557 Engineers Surveyors ,l ':01:A 4-..