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HomeMy WebLinkAboutAccess and Easement Agreement/Robinson V REVIEWED.BY HAMIILTON AoA ��CO UNTY AUDITOR'S OFFICE t ® 2009000858 EASEMENTS $26.0@ 01/09/2009 01:32:50P 7 PGS day of y 2O QJ ' Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented Cross-Reference The deed conveying title to the grantor is recorded as Instrument number 200500029218 in the Office of the Hamilton County Recorder. ACCESS AND EASEMENT AGREEMENT t // is Access and Easement Agreement(the"Agreement"), entered into as of the 7 day of V V Z i , 008, by and between Patrick Alexander Robinson and Mary Ellen Robinson, Trustees o the Patrick Alexander Robinson Revocable Living Trust Agreement dated March 10,2004(collectively,the "Grantor"), and The City of Carmel Redevelopment Commission (the"Grantee"), WITNESSES: Recitals WHEREAS,Grantor owns certain real estate more particularly depicted and/or described on Exhibit A, attached hereto and incorporated herein (the"Grantor Real Estate"); WHEREAS, Grantor has agreed to grant to Grantee certain easements for the benefit of Grantee and/or the public; and WHEREAS, Grantor and Grantee desire to execute this Agreement; Agreement NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are acknowledged hereby, Grantor and Grantee agree as follows: 1. Easement Grant. Subject to the terms and conditions of this Agreement, Grantor hereby grants to Grantee: (a) a temporary,exclusive construction easement(the"Construction Easement")for the benefit of Grantee,on,over,across,and through a portion of the Grantor Real Estate,which • portion is more particularly described on Exhibit B, and depicted on Exhibit C, as the "Temporary Right-of-Way", for the purposes of staging and constructing a portion of a gateway to be constructed on and over a portion of the Grantor Real Estate(the"Gateway"), and for no other purposes whatsoever; (b) a temporary,exclusive access easement,for the benefit of Grantee,on,over,across, and through the Grantor Real Estate, for the purposes of providing access to and from the • Grantor Real Estate from and to the public streets and/or alleyways adjacent to the Grantor Real Estate while exercising its rights under the Construction Easement, and for no other purposes whatsoever; - (c) a perpetual, exclusive gateway easement(the"Gateway Easement")for the benefit of Grantee and the City of Carmel, Indiana (the "City"), on, over, across, and through a portion of the Grantor Real Estate,which portion is more particularly described on Exhibit B, and depicted on Exhibit C,as the"Permanent Right-of-Way",for the purposes of erecting and maintaining the Gateway on the Grantor Real Estate,and for no other purposes whatsoever; and (d) a perpetual, exclusive access easement for the benefit of Grantee and the City on, over, across, and through the Grantor Real Estate for the purposes of providing access to and from the Grantor Real Estate from and to the public streets and/or alleyways adjacent 1 to the Grantor Real Estate while exercising its rights under the Gateway Easement and its other rights under this Agreement, and for no other purposes whatsoever. 2. Maintenance. Grantee or the City,at its cost and expense,shall maintain the Gateway in the same manner that it maintains other gateways in the Arts District. Following Grantee's completion of the Gateway, Grantee shall repair and/or replace the Grantor Real Estate, other than the area subject to the Gateway Easement, so that it is in substantially the same state asit was prior to construction of the Gateway. 3. Reserved Rights. Grantor reserves the right to use the Grantor Real Estate for any purpose that does not interfere with the rights of Grantee under this Agreement. 4. Binding Effect. The obligations imposed pursuant to this Agreement shall run with the Grantor Real Estate, and this Agreement shall bind, and inure to the benefit of, Grantor and Grantee. No member of the public or any party other than Grantee shall have any right to make a claim against Grantor under this Agreement. Accordingly: (a) only Grantee shall have a right to make a claim against Grantor under this Agreement; (b) all claims against Grantor under this Agreement or with respect to the easements granted under this Agreement shall be made exclusively by Grantee; and (c) no member of the public or other party shall be deemed to be a third-party beneficiary of this Agreement. 5. Miscellaneous. This Agreement shall be governed by, and construed in accordance with,the laws of the State of Indiana. The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity and enforceability of any other term or condition. Each of the undersigned certifies that: (a)he or she is a duly authorized representative of Grantor or Grantee,as the case may be; (b)he or she has been fully authorized and empowered to execute and deliver this Agreement;and(c)Grantor or Grantee, as the case may be, has full capacity to assume and agree to perform all of the obligations to be performed by the terms of this Agreement. This Agreement may be executed in separate counterparts,each of which when so executed shall be an original, but all of which together shall constitute but one and the same instrument. [Signature pages to follow.] 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. GRANT Patrick Alexander Robinson, Trustee of the Patrick Alexander Robinson Revocable Living Trust Agreement dated March 10, 2004 Maa/t4 -1-gx... geo-a-e4t/J--"J ry an Robinson, Trustee of the Patrick Alexander Robinson Revocable Living Trust Agreement dated March 10, 2004 GRANTEE: THE .CITY OF CARMEL R D VELOPMENT CO MI SIc By: .... o/ Printed:/ k 'i ii'di Title: / -(S/�L'/ 3 ACKNOWLEDGMENTS STATE OF INDIANA ) SS: COUNTY OF HAMILTON Before me, a Notary Public in and for the State of Indiana, personally appeared Patrick Alexander Robinson and Mary Ellen Robinson,Trustees of the Patrick Alexander Robinson Revocable Living Trust Agreement dated March 10, 2004, who acknowledged the execution of the foregoing Access and Easement Agreement on behalf of such entity. WITNESS my hand and Notarial Seal this day of N-We-M 2008. By: asaiLLAJUU SIAM L savhen Notary Publi Notary nlic, rate I � �ya commission Expires 2©1(o Printed Name: � L` i WlJ er--- „„ ,„ I am a resident of t L.LYl On ' ' County, Indiana. My commission expires Tl�1 La 1 1 t 10) /. STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) `' Before me, a Notaa Public in and for the State of Indiana, personally appeared sna la E. CSC 4-e.- ,the r.t s,d a nt of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing Access and Easement Agreement on behalf of such entity. WITNESS my hand and Notarial Seal this j 1 day of lecam64', 2008. By: , 0 ;;' SHERRY S.MIELKE Notary Public • Hamilton County , .NOT�PV C� :.5 My Commission Expires Printed Name: cI--cc-le. J. rl ,'�a1;�" November 5,2016 I am a resident of I)-6 A County, Indiana. My commission expires kJcwnmhe r 5 ' ' c�p I(o l ` ` fi :r • Return after recording ' 9 to: 8., .n This instrument was prepared by Ryan R.Wilmering,Attorney-At-Law,Wallack Somers&Haas,One Indiana•"""' Square, Suite 1500, Indianapolis, Indiana 46204. 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. Ryan R. Wilmering 4 • EXHIBIT A Depiction and/or Description of the Grantor Real Estate 3.EGAL DESCRIPTION A part of the Northwest Quarter of Section 30,Township 18 North,Range 4 East,in Hamilton County,Indiana,described as follows:Beginning 10 rods,73 feet South of the Northwest comer of said Quarter Section,and run East 12 rods, thence South 4 rods. 11.5 feet;thence West 12 rods:thence North 4 rods,11.5 feet io the place of beginning. 5 EXHIBIT B • Description of Easements PERMANENT RIGHT-OF-WAY Part of the Northwest Quarter of Section 30, Township 18 North, Range 4 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows; Commencing at the Northwest Corner of the Northwest Quarter of said Section 30, Township 18 North, Range 4 East; thence South 00 degrees 00 minutes 00 seconds West (assumed bearing) 172.50 feet (10 rods, 7.5 feet - Deed) along.the West Line of said Northwest Quarter to the point of beginning of the tract of land granted to Patrick Alexander Robinson & Mary Ellen Robinson, Trustees of the Patrick Alexander Robinson Revocable Living Trust dated March 10, 2004 ("Grantor") (recorded as Instrument Number 200500029218 in the Office of the Recorder of Hamilton County, Indiana); thence North 89 degrees 13 minutes 54 seconds East 34.75 feet parallel with the North Line of said Northwest Quarter and along the northern line of said Grantor; thence South 00 degrees 00 minutes 00 seconds West 28.58 feet parallel with said West Line to the POINT OF BEGINNING of this description; thence North 87 degrees 41 minutes 33 seconds East 9:08 feet; thence South 02 degrees 18 minutes 27 seconds East 12.50 feet; thence South 87 degrees 41 minutes 33 seconds West 9.59 feet; thence North 00 degrees 00 minutes 00 seconds East 12.51 feet parallel with said West Line to the POINT OF BEGINNING, containing 116.7 square feet (0.003 acres), more or less. • TEMPORARY RIGHT-OF-WAY Port of the Northwest Quarter of Section 30, Township 18 North, Range 4 East of the Second Principal Meridian, Clay Township, Hamilton County, Indiana, more particularly described as follows; Commencing at the Northwest Corner of the Northwest Quarter of said Section 30, Township 18 North, Range 4 East; thence South 00 degrees 00 minutes 00 seconds West (assumed bearing) 1.72.50 feet (10 rods, 7.5 feet — Deed) along the West Line of said Northwest Quarter to the point of beginning of the tract of land granted to Patrick Alexander Robinson & Mary Ellen Robinson, Trustees of the Patrick Alexander Robinson Revocable Living Trust dated March 10, 2004 ("Grantor") (recorded as Instrument Number 200500029218 in the Office of the Recorder of Hamilton County, Indiana); thence North 89 degrees 13 minutes 54 seconds East 34.75 feet parallel with the North Line of said Northwest Quarter and along the northern line of said Grantor; thence South 00 degrees 00 minutes 00 seconds West 23.58 feet parallel with said West Line to the POINT OF BEGINNING of this description; thence North 87 degrees 41 minutes 33 seconds East 13.88 feet; thence South 02 degrees 18 minutes 27 seconds East 22.50 feet; thence South 87 degrees 41 minutes 33 seconds West 14.79 feet; thence North 00 degrees 00 minutes 00 seconds East 5.00 feet parallel with said West Line; thence North 87 degrees 41 minutes 33 seconds East 9.59 feet; thence North 02 degrees 18 minutes 27 seconds West 12.50 feet; thence South 87 degrees 41 minutes 33 seconds West 9.08 feet; thence North 00 degrees 00 minutes 00 seconds East 5.00 feet parallel with soid West Line to the POINT OF BEGINNING, containing 205.8 square feet (0.005 acres), more or less. 6 , . , . . . EXHIBIT C • Depiction of Easements . . . ..... , , ..• . . ... ,_ ___. .... . -_ •:-:: • .. .. .. , ---•\ •••., • POINTIOF: COMMENCEMENT . . - -...• . r.,.n.,..j NORTItWEST CORNER, NW 1/4 SEC: 30-1'18N-R4E "V - -I • , „ I 0• I. I •ci o. ,- • . `a F...'•i , . . . . . a j , . , b i 0 i , • ,. - b . . o,i v,0• v1 i • POINT OF BEGINNING „„.„L EXISTING RIGHT=OF-WAY 2:69'3.1 Sq. Ft. -1 ,• , 1 (0.062 Acres±) i I I •P--- .. • . . ••- - I. ..-- ,...P., N 89'13'54" E//4"/ ‘ POINT OF BEGINNING 12 rods TEMPORARY RIGHT-OF-WAY 34.45," .• / : 141 i - .: y /- 205:8 Sq. n. / co . . . . : i ,/ / , ; b- Lo (0.005 Acresi) c'''' ki z i' / ' ' a 9. of /-N 87'41'33" E - 13.88' •' - ' - ' • -- •---,-, ! / I `1:',4 . N 87'41'33" E - 9.08' ...s• .... 0 - • I < ! ° n' o' 1.2 NOtz..:,.1. 0 po ' 7 4' - --.......4. .,,,, , ...7, POINT OF BEGINNING ..-- . •• • ..... . • . Cr ° ' I i 00' /' .I4. -, • PERMANENT RIGHT-OF-WAY -' ' '• '• : ''•: ' •"- • :r•., ..:, 6: i-,w „I..--kIN 00000u E,' •i '\•..1 116.7 Sq. Ft. a RANTO1R1.•••_•- J..:.,'. .; ::„J• ,. i,942-\\o" .••-.4,•„.•.■j..-1w coI• li1j 45„,-76 o/4:6.i.,,,,/,,..„:.■t:;,;,,,i1 11`// ,7/..,1„-,•,,./-"\.-,•,:•:••:\„••1..0‹-......,,,•,,1•4”•.•,._i 1 "(0---'.S S 0 0003 22 1c88r''e22s77±")E -- 2122..55'00'•' .. . PINA S T T Re.l iSVKI,2,,:.•0AT'0 i"5.u 00sO0T.B0L,I 2EN94-21H,6•;.,,•:•',...•!Y,:...'.;-.',..7'..10,3:'.:.k 6 :'•••'i11•.,-'.• . -:'':. :"Eji0•1 : ':,:: . •z Z I"ov i• ,,N00,',00;00"E -:-...t.--• 8741 33 W 959 • ' ' ' ” - . ' • IA!,,.. •a ,‘ . • • ' ../i ! ?„-. '''''---S 87'41'33" W - 14.79' ' . . . i .-1 ! / ;j • - ,,.... . . i•-• ,...- (5,-• :: i o4 • • • : \L./ :7./; , . - • ". - -..*: .- • . . .• _ , /--• 1 1 8 r-:1 , in.. • ' • . . : ... i/ La i• 1 /Ci • I S•23g.1S•5!4" W •''--• 34.4 •'''' i I I ORIGINAL AREA = 15.341.6 SO. FT. .. i Ii' 1 I EXISTING R/W = 2,693.1 SO. FT. . ., , i • 1 PERMANENT R/W = 116.7 . 1 7 SO. FT ' . - ' ':' ''-•::'-'; . i 1 • RESIDUAL AREA = 12,531.8 SO. FT. . , - . : . • - 1A t .-...,..t_.t.-t.P t1t.-t•t tGt tR.I.I.."4.t4.t 0.....0,..•,:•: PRCCAPARREMD EL R: REDEVELOPMENT. .C,O-„M„M.....I.S,.S.-I...O., N...„..',. .....,•......, . i41 A . Nsre .- CARMEL,IN DIAA:46032 -• .2 • - ...--.,'"'. !:.;''-,: 0 . No. ”. "7-.11-.. CENTRAL'STA:tt.:S'65i4iii,Tii:jo..ii:c-.r.,...:;.',-;3'':',':'• 20 0 i j 10 20 = • :, •-• =.-....:00 i3Ftecti silice'r ' •.” •'• _ ___. 9600013 .4 - • DROWNDEIVINE INDIANA•a.e.1 t i:. ' : • - Cia -Axe NMI 7.,w;IMEIREM..4,ie,r7.r.. T. .. STATE OF : ''' :: 4/01 . " - T WAY ... (' •. 1041:..r.sq- • . -•-• idoR -OPZ, -:', :: ( IN FEET ), ...",,;7A,„„:•......,,,,,r....• .,:, ,..orit..7M.,Sy.244.-,- ,, .,- -,• „........,..,4-e,...„,- j„,,, ._ . .•,,--.;:;;•t • ,.: 1 Inch •=-.:20: ft. '',,„_ `X.)spiv).‘ft.." .. Giat,,,-;.,-,70,,i, .--.,,,.• f.„.-;:".,..r....A.r11.0.1-1,,;.',,:-..:....'2::::: , '..'':.... I i , "'' : A...A. -,,,,, A.,,s; ,,,,•,•:•-130ATICRANGE-LINfiROAD r.., ...cii.,:,.: • ' -- V.■'" ' - "4 :C6RNIEWNDTANA.:,,._zg=',";_ This instrument prepared by: ''- .ittutat- -.; *An,.••••:•11141Tut000.• •j•ia-ci,Ecniuumg... ........-,. • Donald R. Mosson ! tttttttttttttt paThisjtjotoodijk. 0..0- .DA.*- .. ,..73,r438,1335:.,:,1?... 7,.!.:2',........" Indiana Registered Land Surveyor No. 9600013 • ....DIKIIIrrt DAN. ..., i.%; . '. . 1 ! .. •. . I , , . • •. .:, 1 . . .. . • 7