116th - Bridlebourne Improvements University High School/Drainage Easement/203,0002014041513 EASEMENTS $26.00
09/17/2014 03:10:42P 8 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
Prior Deed Reference: VIIONHHEIUMMIMINNIN1131
Instrument Number 200300123207 in the Recorder's Office
Of Hamilton County. Indiana
DRAINAGE EASEMENT
THIS INDENTURE WITNESSETH: That University High School of Indiana, Inc., an
Indiana nonprofit corporation (referred to herein as the "Grantor ") for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby
convey to the Board of Commissioners of Hamilton County, ( "Grantee ") and solely for purposes
of the initial installation of the Improvements (as defined herein) to the City of Carmel, Indiana
(the "City "), a non - exclusive perpetual easement through, upon, over, along and across the
following described real property located in Hamilton County, Indiana, ( "the Easement ") to -wit;
See Exhibit A.
The Easement is granted for the purpose of providing overland or subsurface paths and
courses for the construction, maintenance, preservation of storm drainage, including but not
limited to a detention basin and associated pipes, pumps and related drainage facilities (the
"Improvements "). The Grantor reserves for themselves and their successors and assigns the right
to use the Easement for any uses which are not inconsistent with the purposes herein. However,
in the event the Grantor, or their successors, elect or desire to do any construction or alterations
within the Easement, they shall do so only upon approval of the Grantee. The Grantor further
agrees that they shall not grant any easements to any other utilities, or other persons, through the
Easement described herein, without the consent of the Grantee, and if said grants are given, those
COPY
1/3353191.3 Page 1 o15
easements shall be subject to the Grantee's rights to regulate and permit construction or alteration
with the Easement. The Basement shall include temporary access over Grantor's Real Estate as
shown on Exhibit B for the City to access the Easement and install the Improvements. The City
shall promptly repair any damage to Grantor's real estate caused by the City in accessing or
installing the Easement and Improvements. The Easement shall also include temporary access
over Grantor's existing driveways and parking areas for Grantee to access the Easement and to
maintain the Improvements. Grantee shall temporarily use such existing driveways and access
areas as may exist on the date hereof or as may be relocated from time to time in the future to the
extent practicable and Grantee shall promptly repair any damage to Grantor's real estate caused
by Grantee in accessing or using the Easement and Improvements.
The City will install the Improvements as shown on Exhibit C. Upon completion of the
Improvements, the City will restore the Grantor's real estate to as near as practical to the
condition that existed prior to installation of the improvements. Grantor shall be responsible for
mowing the Easement and the detention basin except that Grantee shall maintain the
Improvements, including but not limited to associated pipes, pumps and related drainage
facilities that are part of the improvements.
The Grantee, its employees; or contractors shall not be liable to Grantor, or his successor
in title, for any improvements to the real estate, landscaping, sod, or any other improvements
within the Easement, the installation and maintenance of the Improvements excepted, which are
damaged in the course of the installation and repair of the Improvements contained in the
Easement. Notwithstanding the preceding sentence, in the event the Grantee, its employees, or
contractors are required to come upon the Easement to replace, restore, or clear any drainage
structures, ditches, drains, or swales contained therein, the Grantee shall only be liable to restore
1/3353191.3 Page 2 of 5
the Easement w its previous grade, and to re -seed and undertake erosion control measures as are
required by 327 IAC15-5 as amended, the installation and maintenance of the Improvements
excepted.
To the fullest extent permitted by applicable law, Grantee shall indemnify, defend and
hold Grantor and all third parties to which Grantor grants rights with respect to Grantor's real
estate harmless from and against any and all injuries, liabilities, losses, damages, costs, and
expenses of every kind and nature (including but not limited to reasonable attorneys' fees)
incurred by such party and arising from or in connection with (i) any activity of the City or
Grantee, their respective employees, agents or contractors in, on, or about Grantor's real estate or
the exercise by the City or Grantee of any of their rights hereunder, except to the extent caused
solely and directly by the negligence or intentional misconduct of Grantor, and (ii) any liens filed
against Grantor's real estate or claims or demands made against Grantor or Grantor's real estate
for work performed by or on the behalf of the City or Grantee.
Prior to the City or Grantee, their agents or contractors, entering upon Grantor's real
estate and the Easement, Grantee shall furnish to Grantor proof of insurance in form and amounts
reasonably acceptable to Grantor. During all periods in which the City or Grantee, their agents.
or contractors, are on the Easement, Gr antee shall maintain such insurance, or cause such
insurance to be maintained by its agents or contractors, in full force and effect. Such insurance
(other than Worker's Compensation and Employer's Liability) shall name Grantor as an
additional insured and shall not be canceled, modified, limited or allowed to expire without thirty
(30) days prior written notice to Grantor. At a minimum, such insurance shall include the
following: (a) Worker's Compensation Insurance in an amount no less than required under
Indiana law and Employer's Liability Coverage Insurance in an amount •no less than Five
1/3353191.3 I'age 3 of 5
Hundred Thousand Dollars ($500,000); (b) Comprehensive Automotive Liability Insurance in an
amount no less than One Million Dollars ($1.000,000) combined single limit; and (c)
Commercial General Liability Insurance in an amount no less than One Million Dollars
($1,000,000) per occurrence.
Grantor agrees that, at Grantee's discretion. the Easement and the Improvements may
become part of a legal drain system and if so. Grantor shall not violate applicable laws,
ordinances, rules and regulations relating to such legal drain system.
This Drainage Easement and the agreements herein shall run with the land and shall be
binding upon and inure to the benefit of the Grantor and its successors and assigns and upon the
Grantee and its successors.
Grantee hereby accepts the Easement herein granted in its "AS -IS, WHERE -IS"
condition, with all faults and without any representation or warranty of any kind, express or
implied; by Grantor. The Easement herein granted is made subject to all covenants; conditions,
restrictions, encumbrances, easements and other matters of record as of the date hereof, except
Grantor shall obtain, using the proceeds of compensation payable to Grantor, a partial release of
the mortgage lien on Grantor's real estate from The National Bank of Indianapolis, which partial
release shall cover the Easement.
The City agrees that it will not exercise its rights under the Easement until such time as
payment to Grantor has been approved by the appropriate municipal bodies. The City will notify
Grantor of such approval prior to commencing work under this Easement.
[Signature page follows]
1/3353191.3 Page 4 of 5
IN WITNESS WHEREOF, The Grantor has executed this Drainage Easement on this
1(044-clay of AU � . 20 ("
GRANTOR
University High School of Indyana. Inc.
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(wt_c 13
Print name Ind title
STATE OF INDIANA )
) SS:
COUNTY OF 11A-MILTON )
fig Ne-OC
Before me, a Notary Public this /i day of GCQG
appeared the within named
20 // personally
Je eC et 0 kebils and
acknowledged the execution of the foregoing document.
WITNESS my hand and official seal.
My Commission Expires:
/g/f do2/0 / lv
Notary Public,
Residing in ;-ktn ;l4en County. IN
f�lcil ocL
This instrument prepared by Tammy K. Haney, Keller Macaluso LLC, 760 3`d Ave, Suite 210,
Carmel, Indiana 46032, (317) 660 -3400.
1 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. Tammy K. Haney
113353191.3 Page 5 of 5
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EXHIBIT A
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WARRANTY
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` '',BFIOLEBOORtiE SEC. 8 SPNIIA RW SEF�ER 9 N
. , P.C. 1, %JOE 208 EASEMENT AGREEMENT
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717.05 BRIOLEBOURNE SEC. 5
P.C. 1, SLICE 134
Drainage
Through
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the Property
High Schwl
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of the Northwest
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in PLat Cabinet'
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of
of Indiana.
Somber
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thence North
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County Warn described as
39 derneet 35 minutes 51 inroad: a:t
to the East Line ofLnLyor Phase
Indiana: thence Swath 00 hpec
01 minutes 15 ;ecooc; Wen IDS' OS feet ilwg _ettd East Live rods POINT OF BE 1NNTNG of dit:r.oip0on thence
Nord 90 degrees 00 anoint OO:e,-onds Ern 560.31 fret to the, tend Eoe of a D linage Edna awarded as
Irutmrt N o . 200600071267th said Office of die colder thane Sett 36 defer.50 nuns 23 ;rcm±L Eta
261.10 feet ilamg said we:twe lye: thence South CO depees O'_=bones 09 swords as 12.16 fee to the Ninth Lied
Biidlebouve Serino 5 recwdcdth Put Cabinet 1, Siide 134 in said Office of the Recorder thence South 59 denier.; 05
mivstt 09 seconds W Y 717 06 fat along the North Lire of said Peidlbcurne Section 5 anti Section 6 recorded in Put
Cadmit I, Slide 205 is said Oda of the Seceder to the Ea=Line of raid Lazkw ?hate I; thence North 00 &gee: 01
mimes 15:aaoes Eaa 242.56 fret atom said Egg Line to the Pun of Be 5nnutg . containing 3.522 acre name w less.
DRAINAGE EASEMENT
AMERICAN 7200'3YVELAND STATION
STAUCTURFPOINT WO y Rat i . N 62 C- 7
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1/3353191.3 Page 6 of 5
EXHIBIT B
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1/3353191.3
Page 7 of 5
Ov;.ALL OE 4_DPamr PLAN
EXHIBIT C
1/3353191.3
Page 8 of 5
2014041514 PT RELEASE $14.00
09/17/2014 03:10:42P 2 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
WMAHMUNTIOIMMENHEN
Project: Bridlebourne Drainage Improvements
Parcel No. 3
Code: NA
:ounty: Hamilton
PARTIAL RELEASE OF MORTGAGE
This is to certify that a certain mortgage executed by University High School of Indiana, Inc., an Indiana
non - profit corporation (Mortgagor) to The National Bank of lndianapolis,dated on July 1, 2010 and recorded on
July 21, 2010 as instrument number 2010032937 in the records of Hamilton County, Indiana, is hereby released
upon the following described real estate in Hamilton County, Indiana:
(See Attached Legal Description)
Said Mortgage remains in full force and effect as to the remainder of real estate therein described.
In witness whereof the said The National Bank of Indianapolis (Mortgagee) has caused this partial release
and its seal
of mortgage to be signed by its (7Rtcrz2 i u D. {,,t n,14,�I
attached thereto this ii n 1 day of AUL'L:S i , 20 1'4
State of -Lai I lR.1nR-,
) SS
County of YY r tof)
The National Bank of Indianapolis
(Mortga ee)
By:
Signature)
VICE 6-5)1)&17
(Printed Name and Title)
Sandra 0. Gilberto. Notary Public
My commission expires: 07/11/2016
County of residence: Marion
Witness my hand and notarial seal this /
Before me, the undersigned, a Notary Public in and for said County and State, personally appeared
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, known to me to be the \ /ic Rmdi den
of
The National Bank of Indianapolis, and acknowledged the execution of the above partial release of mortgage as
and for the act and deed of the said The National Bank of Indianapolis.
_2" ' day of
cue
otary Public (Signature)
Notary Public (Printed Name)
My commission expires 7-//---/40
My County of residence is on, r-I 0 r)
,20 iv .
This instrument prepared by Michael A. Howard, Attorney at Law. 694 Logan Street, P.O. Box 309, Noblesville, Indiana 46060, (317)
773 -4212.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this
document, unless otherwise required by law. — Michael A. Howard
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�N89.35'S1"E - 162.99 .
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SEC. 5, T17N, R3E
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OI;VT OF BEGINNING `,
N90'00'00 "E — 560.31'
SCALE: = 200'
UNIVERSITY H GH SCHOOL
OF INDIANA, INC.
WARRANTY DEED
INST #200300123207
Z INST#200600071267
DRAINAGE EASEMENT
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DRAINAGE EASEMENT /p,J;
9 o - ,Y/� /� 3.522 ACRES +/— S00'02'09" E
` \BRIDLEBOURNE SEC. 6 SANITARY85EWER 9 W. — 717.06'
BRIOLEBOURNE SEC. 5
P.C. 1, SLIDE 208 EASEMENT AGREEMENT _ _ _ _ _ _ _ P.C. 1, SLIDE 134
• INST #20070094067 -
4
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5
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Drainage Easement
Through the Property of
University High School of Indiana, Inc.
Warranty Deed (Instrument Number 200300123207)
Part of the Northwest Quarter of Section 5, Township 17 North, Range 3 East Hamilton County Indiana described as
follows:
Commencing at the Northwest Corner of said Northwest Quarter; thence North 89 degrees 35 minutes 51 seconds. East
(assumed bearing) 1362.99 fect along the North Line of said Northwest Quarter to the East Line of Larkspur Phase 1
recorded in Plat Cabinet 1, Slide 13 in the Office of the Recorder of Hamilton County, Indiana; thence South 00 degrees
01 minutes 15 seconds West 1065.08 feet along said East Line to the POINT OF BEGINNING of this description; thence
North 90 degrees 00 minutes 00 seconds East 560.31 feet to the western line of a Drainage Easement recorded as
Instrument No. 200600071267 in said Office of the Recorder, thence South 36 degrees 50 minutes 23 seconds East
261.10 feet along said western line; thence South 00 degrees 02 minutes 09 seconds East 22.16 feet to the.North Line of
Bridleboume Section 5 recorded in Plat Cabinet 1, Slide 134 in said Office of the Recorder; thence South 89 degrees 05
minutes 09 seconds West 717.06 feet along the North Line of said Bridleboume Section 5 and Section 6 recorded in Plat
Cabinet 1, Slide 208 in said Office of the Recorder to the East Line of said Larkspur Phase 1; thence North 00 degrees 01
minutes 15 seconds East 242.56 feet along said East Line to the Point of Beginning, containing 3.522 acres more or less.
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DRAINAGE EASEMENT
AMERICAN
STRUCTUREPOINT
7260 SHADELAND STATION
INDIANAPOLIS, IN 46256 -3957
TEL 317.547.5580 FAX 317.543.0270
www.structurepoint.com
DATE: 05 -20 -12
DRAWN BY: JNH
JOB N0. 201100507
Page 4
Project: l3ridlebourne Drainage Improvements Parcel: 3
If you decide to accept the offer of $184.900.00 *made by Hamilton County through the City of Carmel, sign
your name below and mail this form to the address indicated above. An additional copy of this offer has been
provided for your file.
ACCEPTANCE OF OFFER
I (We), I••f( 0. Cevaq , Ckair tf 11.A. board of I rt'.SJ-ees
Zndca„ z.
land owner(s) of the above described easement or interest in easement, hereby accept the offer of
$184,900.00* made by the County on this -7 ' h day of �t&� , 20 / y .
University High School of Indiana, Inc.
By:
Signature
*Original Offer $184,900.00
Administrative Settlement $ 18.100.00
New Total $203.000.00
el{r (A1 LtAtijj
Printed Name and Title Printed Name and Title
NOTARY'S CERTIFICATE
STATE OF anIAI Heil R )
) SS:
COUNTY OF MART ON ) �j�u�
Subscribed and sworn to before me this % day of (V , 20 /q
My commiSSion expires:
t4'/ county of residence is
/ -a5- Zo /L
?O l7NSo Ai
zTi9ca.u.r t 5 /N Mpg rim
(Printed) Notary Public
HAMILTON COUNTY, INDIANA
10/08 STATEMENT OF THE BASIS FOR JUST COMPENSATION Code NA
REV -29
1. This is a written statement of, and summary of the basis for, the establishment of the amount believed to be, through a valuation
process, just compensation for the purchase of this permanent easement for drainage purposes. The amount set forth in Item 5 below
is not less than the approved estimate of value. In accordance with Public Law 91 -646 as amended, the "Uniform Act ", and as codified
in Indiana at IC 8- 23 -17 -1 through 8- 23- 17 -35, this value disregards any decrease or increase in fair market value of the property prior
to the date of valuation caused by the public improvement for which the property is acquired other than physical deterioration within
reasonable control of the owner.
2. The legal description of this acquisition is set forth in the instrument of conveyance in the following identified parcel and
this acquisition is identified in the Acquiring Agency's records as:
Des. # NA Parcel 3 Road 116'" Street County Hamilton
Owner(s) University High School of Indiana, Inc.
3. The area and type of interest being acquired: 3.522 acres permanent easement
The amount in Item 5 below includes payment for the purchase of all interests in the real property and no separately held
interest is being acquired separately in whole or part, except as may be explained in Item 8 below.
4. This acquisition is (Check one): a. ❑ A total acquisition of the real property.
b. ® A partial acquisition of the real property.
5. The Agency's Offer: Just compensation has been determined to be and the Acquiring Agency's offer for the purchase of
this real property is as follows:
a. Total Land, Land Improvements and Buildings $ -0-
b. Severance Damages (i.e.: Setback, Loss in
Value to the Residues, etc) $ -0-
c. Other Damages (Itemize)
Cost -To -Cure estimates:
$ -0-
$ -0-
Temporary RNV $ -0-
Total Damages
d. Perpetual Easement
$ -0-
$184,900.00
Total amount believed to be Just Compensation offered for this Acquisition is: $184,900.00
6. The amount in Item 5 above may include payment for the purchase of certain buildings and improvements and their
ownership shall pass to the Acquiring Agency. These buildings and improvements are identified as follows:
NONE
7. The amount in Item 5 above may include payment for the purchase of certain Land Improvements, Fixtures, Equipment,
Machinery, Signs, Etc., and their ownership shall pass to the Acquiring Agency. These items are identified as follows:
NONE
8. Items owned by others (i.e.: lessee, tenants, etc.) included in Item 5 above are identified as follows:
NONE
9. Remarks:
NONE
Hamilton County, IndianaAp rovaLCityof Carmel on behalf of Hamilton County
Signature:
Name Printed:
Title:
Date:
( 7c"
\!. ( ' AMVUtvi
cA2.3r(t2
Signature:
Name Printed:
Company:
Date: