Access and Easement Agreement/Cross Reference 69)
, REVIEWED BY HAMIILTON
COUNTY AUDITOR'S OFFICE 11'ti • 2009000859 859 EASEMENTS 6$24.00
Cl
day of ,20 Jennifer J Hayden
� HAMILTON County Recorder IN
Recorded as Presented
Cross-Reference
The deed conveying title to the grantor is recorded as Instrument number 9809865203 in the Office of the
Hamilton County Recorder.
ACCESS AND EASEMENT AGREEMENT
This Access and Easement Agreement(the"Agreement"), entered into as of the 13 day of
No v 6e r ,2008, by and between TTT, LLP(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
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.
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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 as it 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.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year
first written above.
GRANTOR:
TTT, LLP
By:
Printed:
Title:
GRANTEE:
THE ,CITY OF CARMEL REDEVELOPMENT
COF MIS 10 1
By:
Printed: /c2 ■l'/?
Title: A>
2
,
ACKNOWLEDGMENTS
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Before me, a Notary Public in and for the State of Indiana, personally appeared
C�ha,-tQ s 140. lc , the OCI-Yl e r of TIT, LLP, who acknowledged the execution of the .
foregoing Access and Easement Agreement on behalf of such entity. / `
WITNESS my hand and Notarial Seal this 1,3 day of n`wei,•,, ,,-, 2008. �`
Notary Public r•;`17^ >:`. .t ; (,..
`at4i ' iOa
Printed Name: err oa r L< < (k ` -;'
.h
I am a resident of County, Indiana. —
0. SHERRY S.MIELKE
:NOTARY
1 Hamilton County
My commission expires UC) •�) � N s z, My Commission Expires
.'•'• '•`- November 5,2016
STATE OF INDIANA )
SS:
COUNTY OF HAMILTON )
Before me, a Nota Public- in and for the State of Indiana, personally appeared
• P nc,.1c ±. CC),r.1 eT ,the Z-es rd e n-1-- 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 day of f1)2c-a-----, 2008.
By: 11a1` I
• No ary Pu• ic C
Printed Name: �he crrq 3. 14k-'(i e✓(
I am a resident of -(Ctrn.c l County, Indiana. ?i� '
hi , • • SHERRY S.MIELKE • ;
My commission expires I�ovemb•css,�o I (o 'I .-, Y 4
AI .^ .r..
,N�•. . Hamilton County - _ yr-,.. C. r ,
' - ' MY COm'rls ion Expires :t_f•,) .4•,.`'November 5,2016. A f:',
Return after recording to: S
51/CIE C
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
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EXHIBIT A
Depiction and/or Description of the Grantor Real Estate
Legal Description:
Tract I
Part of the Northeast Quarter of Section Twenty-five,Township Eighteen(18) North,
Range Three C3)East described as follows
Begin 2055 feet South of the Northeast comer of said Quarts Section,run thence West
12 rods 10 feet,thence South 4 rods,thence East 12 rods 10 feed thence North 4 rods to
the place of beginning.
Tract ll
Five(5)feet off the South end of the following described real estate •
Part of the Northeast Quarter of Section 25,Township 18 North,Range 3 East,described
as follow
lieennhig 8 rods,7 feet,6 inches South of the Northeast comer of said Quarter Section,
andxmagt3ienc+e West 12 rods and 10 feet.thence South 69 feet,thence East 12 rods
and 10 feet,thence North 69 feet,to the place of beginning,containing one-third(1/3)
acre,usore or less,in the Town of Cannel,in Hamilton County,Indiana.
NOTE The acreage is included above for descriptive purposes only. The policy,when
issued,should not be construed as to insuring the amount of acreage contained therein.
End of Legal Description
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EXHIBIT B
Description of Easement
PERMANENT RIGHT—OF—WAY
Part of the Northeast Ouorter of Section 25, Township 18 North. Range 3 East of the Second Principal Meridlon.
Clay Township, Hamilton County. Indiana, more particularly described as follows;
Commencing at the Northeast Corner of the Northeast Quarter of said Section 25, Township 18 North, Range 3
East; thence South 00 degrees 00 minutes 00 seconds West (assumed bearing) 203.50 feet along the East Line of
said Northeast Quarter to the point of beginning of the tract of land granted to M. LIP ("Grantor") (recorded as
Instrument Number 9809865203 in the Office of the Recorder of Hamilton County, Indiana); thence South 88
degrees 47 minutes 28 seconds West 19.20 feet along the northern line of said Grantor to the POINT OF BEGINNING
of this description: thence South 00 degrees 00 minutes 00 seconds West 11.40 feet parallel with said Eost Line;
thence South 87 degrees 41 minutes 33 seconds West 12.22 feet; thence North 02 degrees 18 minutes 27 seconds
West 11.63 feet to the northern line of the Grantor; thence North 88 degrees 47 minutes 28 seconds East 12.68
feet along said northern line to the POINT OF BEGINNING, containing 143.3 square feet (0.003 acres), more or lass.
TEMPORARY RIGHT—OF—WAY
Part of the Northeast Quarter of Section 25, Township 18 North, Range 3 East of the Second Principal Meridian,
Clay Township. Hamilton County. Indiana, more particularly described as follows;
Commencing at the Northeast Corner of the Northeast Quarter of said Section 25, Township 18 North, Range 3
East; thence South 00 degrees 00 minutes 00 seconds West (assumed bearing) 203.50 feet along the East Line of
said Northeast Quarter to the point of beginning of the tract of land granted to iTT. LLP ("Grantor") (recorded as
instrument Number 9809865203 in the Office of the Recorder of Hamilton County, Indiana); thence South 88
degrees 47 minutes 28 seconds West 31.88 feet along the northern line of said Grantor to the POINT OF BEGINNING
of this description; thence South 02 degrees 18 minutes 27 seconds East 11.63 feet; thence North 87 degrees 41
minutes 33 seconds East 12.22 feet; thence South 00 degrees 00 minutes 00 seconds West 5.00 feet parallel with
said East Line; thence South 87 degrees 41 minutes 33 seconds West 17.02 feet; thence North 02 degrees 18
minutes 27 seconds West 16.73 feet to the northern line of the Grantor; thence North 88 degrees 47 minutes 28
seconds East 5.00 feet along said northern line to the POINT OF BEGINNING, containing 144.0 square feet (0.003
acres), more or less.
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EXHIBIT C
Depiction of Easement
POINT OF COMMENCEMENT Ed
NORTHEAST CORNER, NE 1/4 rii
SEC. 25-718N-R3E CV!
II
3
• POINT OF BEGINNING s (
PERMANENT RIGHT-OF-WAY poi
•
143.3 Sq. Ft. (0.003 Acrest) oi
N 88'47.28" E - 12.68' o1
POINT OF BEGINNING tni
TEMPORARY RIGHT-OF-WA - -
144.0 Sq. Ft. (0.003 Acrest) \ `��y
N 88'47'28" E - 5.00'-\ POINT OF BEGINNING
N88.47'28'E j / EXISTING RIGHT OF WAY
1 19.20' 1s'
12 rods, 10 feet ' ` / `,305.6 Sq. Ft.
Imo!'\, 1� I (0.030 Acrest
N 02'18'27" W - 1 1.63 I S 00.00'00" W
N 02•i8'27" W — 16.73'---.) I-••► , 11.40'
`K-t•�• :c , o S 00.00'00" W
5 87.41•33" W — 12.22 �J °� 3 •�
� 5.00 • •
S 87'41•33" W - 17.02 o j'I
I
W 1- 31-
. 12 .
m GRANTOR: oo/� o1
TIT, LLP cD
INST. #9809865203 c r ,b!
0 V.,./ of
Z� N;
I
588'47'28"W I
12 rods, 10 feet !.- 19.20' -��
YI
I
t
ORIGINAL AREA = 14,140.9 SQ. FT. I
EXISTING R/W = 1,305.6 SQ. FT. i
PERMANENT R/W = 143.3 SQ. FT. I
RESIDUAL AREA = 12,692.0 SQ. FT. f
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EXHIBIT coon 20 II. . 3RV � y , nonrtANGELINaOAD
fit/la 1111111 `j+14 CARMEL,INDIANA
This instrument prepared by: • .,Vi15D• am .d22,20i 1 aaaac.MOW 4
Donald R. Monson am=ite ttaterots •••.• aa.. It f38-oa5 1 deft Indiana Registered Land Surveyor No. 9600013 i ^• o,: arRat t Of 2 ;A
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