Loading...
HomeMy WebLinkAboutBPW-09-18-13-01 Release of Easement/Penn Circle LLC RESOLUTION NO. BPW 09181301 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, REGARDING THE APPROVED 640 RELEASE OF AN EASEMENT \S v " d WHEREAS, in connection with a right of way project for North Pennsylvania Street, the City of Carmel, Indiana (hereinafter, the "City") obtained an easement for landscaping purposes (the "Original Easement") across of portion of an approximate 6.23 acre parcel of real estate located between North Pennsylvania Street, Old Meridian Street and Carmel Drive in Cannel, Indiana (the "Property"), such easement and property being more specifically described in the Easement Agreement attached hereto as Exhibit A and incorporated herein by reference (the "Property "); and WHEREAS, the terms of the Original Easement require the City to install and maintain certain landscaping at its own expense; and WHEREAS,the City has not installed any landscaping or other improvements within the Original Easement; and WHEREAS, Penn Circle LLC has acquired and is in the process of developing a 193 unit apartment complex (the"Project") on the Property; and WHEREAS, as part of the approval process for the Project, Penn Circle has committed to the City to install and maintain certain landscaping throughout the Project and to grant to the City certain other easements and rights of way at no cost to the City pursuant to a development plan amendment, Docket No. 11010010 DP Amend (the"DP Amendment"); and WHEREAS, the plans for the Project include a building and other improvements which would encroach upon the Original Easement; and WHEREAS,Penn Circle is granting to the City of even date herewith, certain easements on, upon, over and across the Property including but not limited to a Multi-Use Path and Recreational Trail Easement, a Deed and Dedication of Public Right of Way, a Drainage Easement and a Grant of Perpetual Storm Water Quality Management Easement (collectively the "Easements") and agrees to cooperate with the City with respect to any future easement needs of the City on the Property; and WHEREAS, to facilitate the development of the Property, the City is willing to release the Original Easement upon the foregoing terms and conditions. NOW, THEREFORE, BE IT RESOLVED, that the City of Cannel Board of Public Works and Safety hereby makes the following findings: Resolution of The Board of Public Works and Safety 1. The City has determined that the Original Easement is no longer needed for any City purpose. 2. The City shall execute and record the attached Release of Easement together with the Easements. 3. The City hereby designates Mike McBride, Director of the Department of Engineering for the City of Carmel, Indiana as its agent for purposes of releasing the Original Easement. Mike McBride is hereby authorized to execute all documents required in connection with releasing the easement and to take all other lawful actions necessary to complete the release of the Original Easement as set forth herein. V PASSED by the Board of Public Works and Safety of the City of Cannel, Indiana, this / 0 day of.'(�it- , 2013, by a vote of Z%' ayes and E� nays. 1 CITY OF CAIRMEL, INDIANA By and through its Board of Public Works and Safety By: /sir 0 % y� sSk,711— James Brainard, Presiding Officer Date: a Mary m Burkh Member Date: ] %3 Lori Watson?Memb r Date: k.---7 91(9)/13 ATTEST. ` _ -l%t-, e --'-c r trx4rdx M.Johnsong I Diana L. Cordray IAN , Clerk-Treasure�eputy clerk for Date: q f/tr /3 2 Resolution of The Board of Public Works and Safety STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Mayor James Brainard, Mary Ann Burke and Lori Watson, by me known to be the Members of the City of Camel Board of Public Works and Safety, and Diana L. Cordray, Clerk-Treasurer of the City of Cannel, who acknowledged the execution of the foregoing "Resolution" on behalf of the City of Carmel, Indiana. Witness my hand and Notarial Seal this ji day of, I 'L1 , 20a Notary Public ignature C. 4 /�r/ %✓i5 Notary Public -Printed Commission Expiration: 5//fh County of Residence: //y-42/,CT0/0 3 Cross Reference to Prior Deeds of Record: Instrument Nos.lie I39,P 147. pR,171 P 303 in the Hamilton County,Indiana Recorder's Office D2 2.31,p so a)T..vsr. tIc 7S 23 Soo on. 199909959387 Filed for Record in ,�� HAMILTON COUNTY, INDIANA Ifs MARY L CLARK �t j•' On 10-08-1999 At 01:07 p.. EASEMENT AGREEMENT EASEMENTS 27.00 This Easement Agreement(this"Agreement")is made and entered into this a/sT day of Salt lair , 199S by and between Joyce Patricia Cornwell Spannan,Gregory Leonard Spannan and Travis Joseph Spannan("Grantor")and THE CITY OP CARMEL, INDIANA("Grantee"). RECITALS A. Grantor owns certain real property located in the City of Cannel,Hamilton County,Indiana more particularly described on Exhibit A(the"Grantor Parcel")attached hereto and incorporated herein by this reference. B. Grantee,in connection with Grantee's improvement and widening of Pennsylvania Parkway(the"Project"),requires a permanent landscape casement over a portion of the Grantor Parcel which permanent landscape easement area(herein referred to as the"Permanent Easement Parcel")is more particularly described on Exhibit B attached hereto and incorporated herein by this reference. C. Grantee also requires a temporary easement for the duration of the Project for purposes of constructing that portion of the Project located upon the Grantor Parcel. Such temporary easement area(herein referred to as the"Temporary Easement Parcel")is more particularly described on Exhibit C attached hereto and incorporated herein by this reference. 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 panics hereto agree as follows: I. Grant of Permanent Easement. Grantor hereby grants and conveys to Grantee an exclusive,perpetual easement over,under,through and across the Permanent Easement Parcel for the purpose of landscaping over,under,across,upon and through the Permanent Easement Parcel for which Grantee shall have the right to: (a)remove any fences,structures,asphalt or concrete paving,curbing or other improvements,trees,bushes and earth harming that exist prior to Grantee's acquisition of such easement:(b)plant trees, bushes(the"Plantings"),grass or sod,and install earth beaming;and(c)maintain,remove and replace the Plantings. 2. Obligations of Grantee. Grantee shall maintain the Plantings and remove any diseased or dead Plantings from the Permanent Easement Parcel. In addition,except to the extent occurring as a result of Grantor's negligence,Grantee shall,indemnify,defend and hold harmless Grantor from and against all damages,claims,and/or liabilities whatsoever arising from any accident or injury arising out of the use and occupancy by Grantee of any part of the Grantor Parcel,including the construction of the Project. 3. Temporary Rights Acquired by Grantee. During the term of the Project.Grantor hereby grants and conveys to Grantee the exclusive right to utilize the Temporary Easement Parcel for all purposes related to the construction of the Project,including,but not limited to the storing of Grantee's equipment and the staging of the construction of the Project. Upon the completion of the Project such temporary easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition as existed prior to the commencement of the Project. EXHIBIT A • 4- Rights Retained by Grantor. Grantor shall retain unto itself,and its grantees, heirs,successors and assigns,and others to whom Grantor may grant rights or casements, the right to use the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the foregoing casement acquisition by Grantee,including without limitation the right to install,use,maintain,repair and replace existing driveways and curbing not removed by Grantee as part of the Project. Grantor and its grantees,heirs, successors and assigns shall retain the right of access over and across the Permanent Easement Parcel to and front the Public Right-of-Way to real estate owned by Grantor adjacent to the Permanent Easement Parcel via Grantor's existing driveway. 5. Obligations of Grantor. Grantor shall keep the Permanent Easement Parcel free of any fence,structure,asphalt,gravel,plants(other than grass or sod and the Plantings installed by Grantee)concrete or other improvements.Grantor shall mow and care for the grass located within the Permanent Easement Parcel and shall keep the Permanent Easement Parcel free from debris,weeds and refuse. 6. Easement and Covenants Appurtenant. The casements granted,created and made herein,together with the benefits thereof,shall run with the Grantor Parcel and inure to the benefit of Grantee and its grantees,successors and assigns. The easements granted,created and made herein,together with the burdens thereof,shall run with and bind the Grantor Parcel,and shall bind Grantor and its grantees,successors and assigns. All covenants and agreements of the Grantor 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,the Grantor Parcel and the Temporary Easement Parcel,as applicable,shall run with the Permanent Easement Parcel,the Grantor Parcel and the Temporary Easement Parcel,and shall inure to the benefit of and be binding upon Grantor 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). 7. Governing Law. This Agreement shall be governed by,and construed in accordance with,the laws of the State of Indiana. IN WITNESS WHEREOF,Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR GRANTEE 1 !i , Su vi{ce. , cr.Gicct-�.fie'-+, AP By: , 4�C •al 4� Joyce Patricia Comwell Spartan ie o- e— _� �� �� / Printed:JOSE/X, C' ,�7x/sirrLee �✓/.'.Wit. �� a,...�,..i Title: / : 29 in Gregory LeonardS annan Jic an Travis Jos Sparfnan } STATE OF INDIANA, COUNTY OF HAMILTON, 55: O/yi'ar Before me, a Notary Public in and for said County and State, persona iy appeared Joseph C. Staehler, on behalf of Grantee, who acknowledged the execution of the foregoing Easement Agreement, and who having been duly sworn, stated chat any repre- sentations therein contained are true. Witness my hand and Notarial Seal this agfa< day of "LaiLlv'a'het— , 1999. My Commission Expires: 2-9-S-or' � 0. -/L144.1.County of Residence: 1-letufUwt N tarry Public I' n -v ^-rr A . �I G(S 2 Printed EXHIBIT A • STATE OF INDIANA ) • � /)SS: COUNTY OF 11LT?4 ) Before me,a Notary Public in and for said County and State,personally appeared Joyce Patricia Spannan,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 Nptuiiq{y,eal this ,Z'day of r. •sr' '-r ,199') My commission expires: • ary Public I am a resident of C onty,,j ;y7,,T E Harbor T 4ny `Y. 'p=er Nfa� 9fF...''O"" Printed Name Residentof ya County,IN Sri,rirF i����" My Commission Er.•,to?pm2W7 STATE OF /IJD,A-A/Pc) )ASS: COUNTY OF X61 Before me,a Notary Public in and for said County and State,personally appeared Gregory Leonard Spannan,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 ek$Fal this 22 t"s`day of t+�ivY , t�9'9/`Z. rrty commission expiresI �aocxRVS7y , rriaeiti •_ tary Public I am a resident of ! . County y' 5 �; %d'':9T fie:2 Jtaa EBarbee•�,''T`.OF tNC\e` Printed Name Resident of en County,IN `+u;unu` My Commission Exn t..7-'2GJ1 STATE OF/ND/WA' ) SS: COUNTY OF ALted ) Before me,allotary Public in and for said County and State,personally appeared Travis Joseph Sparman,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 an a,Nolgcal Seal this I"day of c etin'X r , 1992. My commission expirg3 &RYS eFq? Z / Stay Public I am a resident of ? �Cougtry, Jute E Harbor • Ie?�c pJ' ��` Printed Name Resident Notary Canty,IN >y7 OF,�N2`` My Ccmmtsln Expt042f2001 This instrument was prepared by Robert A.Flicks,Attorney at Law,HALL,RENDER, KILLIAN,HEATH&LYMAN,P.S.C.,One American Square,Suite 2000,Box 82064, Indianapolis,Indiana 46282,(317)633-4884. Return following recording 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)633.4384. 0215Rrzl,.aor 07.02/99 3 HIESIT A EXHIBIT A (Easement Agreement) /CA putoftheNoiint. Quota oftho No-alit-es Q3uiaofScafdo •:11t6tyHvo(35),.towithp ETght=(18)North,Ringo Tree(3)Eut,more dcrmTcd ufo}Imvt,ta•vrit; .paiticelsr7y. 33cgtnykg al thy Nantwc4 CC,acr oftho NortSw<c Quota of the Nona• . Yin Qurto6ofSoaioa 35,TotmiStp 18 North,Riga 3 Enq and nrtbg Show Southiipcn cd iloog tbo Wert tine of raid Qtu:cr Q.ssrter S&cioo .1019.90 foe(to i pa lot is tha coat a Loo of Stec Road#31,thence North 35 degcsct 33 tvouta East tipoo t5h ccata Use otnid road u oow toted., 1271.95 feet to i phut m the North Eno afraid Qurta QuartcrSection, Since Wei upo otaod'alaag the North lino ofra ld Qurtc Qua rear section '739,60 Tea to the plea ofbeeniag.coota¢iab 8,66 tares poor:or ter: x...70 _. EXHIBIT A • E 1IBI'T B (Easement Aareemene) (page 1 of 2) A part of the Northwest Quarter of the Northeast Quarter of 'Section 35, Township 18 North, Range 3 East, Hamilton County, Indiana, being that part of the lands described in Deed Instrument 0523509, as recorded in the Office of the Recorder of Hamilton County, Indiana, lying within the proposed permanent • easement depicted on the attached Right of Way Parcel Plat of Parcel 116-75 of the City of Carmel of Project 97-04, described as follows: Beginning at a point on the north line of said quarter section North 89 degrees 50 minutes 21 seconds East 41.01 feet from the northwest corner of said quarter section, thence North 89 degrees 50 minutes 21 seconds East 10.00 feet along said north line; thence South 0 degrees 59 minutes 34 seconds West 1.11 feet to the point designated as point ^2S1" on said Right of Way Parcel Plat; thence South 1 degree 02 minutes 41 seconds West 85.25 feet to the point designated as point "168" on said Right of Way Parcel Plat; thence Southwesterly 202.08 feet along an arc to the right and having a radius of 3,674.72 feet and subtended by a long chord having a bearing of South 2 degrees 32 minutes 41 seconds Pest and a length of 202.86 feet to the point designated as point "249" on said Right of Way Parcel Plat;; thence South 4 degrees 02 minutes 41 seconds West 29.25 feet to the point • designated as point "246" on said Right of Way Parcel Plat; thence Southwesterly 197.12 feet along an are to the left and having a-radius of 3,764.72 feet and subtended by a long chord having a bearing of South 2 degrees 32 minutes 41 seconds West and a length of 197.10 feet to the point designated as point "243^ on said Right of Hay Parcel Plat; thence South 1 degree 02 minutes 41 seconds West 345.47 feet to the point designated as point "241" on said Right of Way.Parcel Plat; thence Southeasterly 9.49 feet along an arc to the right and having a radius of 35.14 feet and subtended by a long chord having a bearing of South 6 degrees 41 minutes 23 seconds East and a length of 9.46 feet to the point designated as point "239" on said Right of Way Parcel.Plat and the northeastern boundary of the intersection of Old U.S. 31 and Pennsylvania Street; thence South 63 degrees 44 minutes 39 seconds west 10.17 feet along the boundary of the intersection of said Old U.S. 31 and said Pennsylvania Street to the point designated as point "238" on said Right of Way Parcel Plat; thence Northwesterly 14.27 feet along an arc to the left and having a radius of 45.14 feet and • subtended by a long chord having a bearing of North 8 degrees 00 minutes 48 seconds West and a length of 14.21 feet to the point designated as point "240" on said Right of Way Parcel Plat; thence North 1 degree 02 minutes 41 seconds East 345.47 feet to the point designated as point "242" on said Right of Way Parcel Plat; thence Northeasterly 197.64 feet along an arc to the right, • and having a radius of 3,774.72 feet and subtended by a long chord having a bearing of North 2 degrees 32 minutes 41 seconds • East and a length of 197.62 feet to the point designated as point "245" on said Right of Way Parcel Plat; thence North 4 degrees 02 minutes 41 seconds East 29.25 feet to the point designated as point "240" on said Right of Hay Parcel Flat; thence Northeasterly 202.36 feet along an arc to the left and having a radius of 3,064.72 feet and subtended by a long chord having a bearing of North 2 degrees 32 minutes 41 seconds East and a length of 202.33 feet to the point designated as point "167" on said Right of Way Parcel Plat; thence North 1 degree 02 minutes 41 seconds East 06.25 feet to the point designated as point "250" on said Right of.Way Parcel Plat; thence North 0 degrees 59 minutes 34 seconds East 0.92 feet to the point of beginning and • containing 0.201 acres, more or less. -1E - • . EXHIBIT A • ':r ; C. EXHIHIT B TO EASEMENT AGREEMENT • (.I I I. 1(Page1'2 of 2) • ' I,i NE CORN. 1 zT E;:HIBIT "F-;' NW1/4 • I 1—e fit Ii)-'b; R;GHT—OF—WAY PARCEL PLAT NE1/4 a tr. a L1 to N.: ,,, c 5 1 1----.. I l`ilk' PERWPNENET /1/ k. a].i eI RES:DUF 1eA" / z TEMPORARY Iw-¢<cetrt ¢at¢«a'¢¢<a-c¢ l<'<KRa I ��4 EASEMENT / u = ` ' F ' _ _ _ - _ I: , O / 0 O rT JJJ / 000Clo,�C�N00000c�(o�.a000l .� ' lb. �, , SJN / j^\' o?0701000NNO000c0000I00.00 0 . I. : ///J t� �.O'id a:6 NtA Ih u)u)v]NV10 NUl0 ir:;Ul t',110 J j � I a t II ///J/ ZN.-0001,M 0 b m ce T e-CD co co O.CO.m tm04mJ01 G01ICih ems- ¢ L .i-. :OI 1� I " o4fW 4-16.5 O.N-�O ID cd IO OI Olbiod::I ViO C� lNt 11 / < _ + l le NO0 NNNNN N-10 CIO mICOm y pljt L• / UI ONN P:IOI'NN ,-(N N NIN NiN Cc:N,Gni)to VNN Z `L i ll( �J /6.1 C NNI-.N CircCa N N N N N NN N N NI N O.iNO-N N n R•I O C.-IJ-IMICV N 01,-.-O O 0 c ua V)d'VI._iNoe O0 J �� {.� /Q �matlm Clm0 m O m N N.0000N-N al rCtA'vjV d' Jc OCOYI^INl:�h ep N�.-oJm.-itho pi eCINc ci4 `L aa01 M_',-. 6r1 �, til NM;N e7iMIi]CO TO M el we M CO M:9 M M r0M r•IMM G IA tr I en en en If�lu^,a0 in et) e0 uJ en.n v1 v7 N u]u:.en�e-ten to ;Y • !�D�yy nor.ola•^:noonmsom fromalm l,�Im en a IQ'. SN-.O e• Iv-cD'O V on,nN(n m-�PaNNN.- \ KV)n.P cACJI7 Oi e0N VI .:m CO.-1*Z N:N. F=- 0NN r0 1r0`]N N'7rOVJ O 00 en cn r0 N-N.-'-.- Zen 7tOtp.,.r coon ft Io m LOO m faa w 0 uo m'�In nl > .-L- .-I1-IN L I � _ N;IO NMrOfm rD Minya s'Nn { 4 ^ I^I.-.-N N N NIN N NIN NIN NeNI Nip N PER EMENT I i I I EASEIAEN7 1 i —SE CORN. pp;J,�4 SE CORN.- NE1/4 N1AJ1/4 NE1/4 TEMPORARY © L...-✓ EASEMENT �zao MS..Q; Scale: i°= 200' A .; ecalsrt&o�' '�,. �No. t'` 2930000 SURVEYOR STf.IE:!ENT ��m• l To the best of my novr':dge. and belief, this plot, together :�'w� R• wish the toe:Lieu Control Route Survey plat' recorded as h/ ,4'Y Oner:mer.t Number in the Office of the Recorder of a Court], .ndiora Cncorporo:ea or. mode a pert hereof by r:feren.eej "°ate.. �35 ccm,r:st a FJuto Survey executed in accordance with lndiara ,,::Lust.jtiv- Code 965 IAC 1-12, ("Rule 12"), '30 It'iff; VI: TEMPORARY EASEMENT / •„ , Jeffrey A. Myers LS29300.01 \ I F., dA1::HED . A IS TI!E APPRO%II:;cTE TAKINd —V��M PERMANENT EASEMENT I OWNER: SPA'.'D:;UJ, JDYCE PATRICIA CORNV/EL'_ —.._� /os DRAWN BY: D.A. RUCHES 1/5/90” PARCEL. 116-7,: CHECKED BY: J.A MYERS 1/5/95 PROTECT: 97-04 ��{----- ROAD: P-WNSYL,ANIA STREET PERSONA'. REPRESENTATNES AFFIDAVIT AND DEED OF D!STR19UTION) V Y. COUNTY: N. An :1 INSTR. l!n= 1509, DATED 5/1/ST ( SECTION' 3S i T:VINSHIP:15 N. L t F.NCE: 3 E. . 1-M--.... .._..,_. Da-m ons stown .in7 Hoge lister) Record cum�;nts.' u EXHIBIT A • HffiIBIT C (Easement Agreement) (page 1 of 2) A part of the Northwest Quarter of the Northeast Quarter of . Section 35, Township 18 North, 'Range 3 East, Hamilton County, Indiana, being that part of the lands described 1n Deed 'Instrument #9523509, as recorded in the Office of the Recorder of Hamilton County, Indiana, lying within the proposed temporary easement depicted on the attached Right of Way Parcel Plat of Parcel 116-73 of the City of Carmel of Project 97-04, described as follows: Beginning at a point on the north line of said quarter section North 89 degrees 50 minutes 21 seconds East 51.01 feet from the northwest corner of said quarter section; thence North 89 degrees 50 minutes 21 seconds East 25.01 feet along said north line; thence South 0 degrees 59 minutes 34 seconds West 1.63 feet; thence South 2 degree 02 minutes 41 seconds West 86.26 feet; thence Southwesterly 103.02 feet along an arc to the right and having a radius of 3,899.72 feet and subtended by a long chord having a bearing of South 1 degree 48 minutes 05 seconds • West and a length of 103.02 feet; thence South 87 degrees 26 minutes 30 seconds East 10.00 feet; thence South 2 degrees 47 minutes 00 seconds West 30.71 feet; thence North 86 degrees 59 seconds 30 seconds West 20.00 feet; thence Southwesterly 70.36 feet along an arc to the right and having a radius of 3,889.72 feet and subtended by a long chord having a bearing of South 3 degrees 31 minutes 35 seconds West and a length of 70.36 feet; thence South 4 degrees 02 minutes 41 seconds West 29.25 feet; thence Southwesterly 70.33 feet along an arc to the left and having a radius of 3,749,72 feet and subtended by a long chord having a bearing of South 3 degrees 30 minutes 27 seconds West and a length of 70.33 feet; thence North 87 degrees 01 minute 48 seconds West 15.00 feet; thence Northeasterly 70.61 feet along an arc to the right and having a radius of 3,764,72 feet and subtended by a long chord having a bearing of North 3 degrees 30 minutes 27 seconds East and a length of 70.61 feet to the point designated as point "246" on said Right of Way Parcel Plat; thence North 4 degrees 02 minutes 41 seconds East 29.25 feet to the point designated as point "249" on said Right of Way Parcel Plat; thence Northeasterly 202.88 feet along an arc to the left and having a radius of 3,874,72 feet and subtended by a long chord having a bearing of North 2 degrees 32 minutes 41 seconds East and-a length of 202.86'feet to the point designated as point "168" on said Right of Way Parcel Plat; thence North 1 degree 02 minutes 41 seconds East 86.25 feet to the point designated as • point "251" on said Right of Way Parcel Plat; thence North 0 degrees 59 minutes 34 seconds East 1.11 feet to the point of IE beginning and containing 0.192 acres, more or less'. • • -EXHIBIT A