116th - University High SchoolPrior Deed Reference:
Instrument Number 200300123207 in the Recorder's Office
Of Hamilton County, Indiana
2014041513 EASEMENTS $26.00
09/17/2014 03:10:42P 8 P05
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
MINORIEMPIINNWIMMI
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"). fhc 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
1/3353191.3 I'agc 1 of 5
casements shall be subject to the Grantee's rights to regulate and permit construction or alteration
with the Easement. The Easement 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
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the Easement to its previous grade, and to re -seed and undertake erosion control measures as are
required by 327 IACIS -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 antes 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 Page 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
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IN WITNESS WHEREOF, The Grantor has executed this Drainage Easement on this
I(o day of , 20
STATE OF INDIANA )
) SS:
COUNTY OF I'ON )
Ifinieze
Before me, a Notary Public this X2 day of �(lQ
J6 ie e 0 Lc akc
GRANTOR
University High School of Indyana, Inc.
Jr Ffr.ci 0 c ,ts d /3 /
Print name /nd title r
appeared the within named
acknowledged the execution of the foregoing document.
WI NESS my hand and official seal.
_ ;rig'...,.
%# oymnubjpii Expires:
0 / </ personally
and
Notary Public,
Residing in Han-i-kon County, IN
Han toC
This instrument prepared by Tammy K. Haney, Keller Macaluso LLC, 760 3`d Ave, Suite 210,
Carmel, Indiana 46032, (317) 660 -3400.
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. Tammy K. Haney
03353191.3 Page 5 of 5
EXHIBIT A
ANe9-35.519E - 13622992.
N.W. COR., ION 1/4
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‘9HNLER00RNE SEC 8 SANITAIPFORS/P9 'IV -
i P.C. 1. SLIDE 208 EASEMENT AGREEMENT
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717.116 BNIOLEBOURNE SEC. 5
P.C. I, SIIOE 134
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Umrersi High School of Indiana. Inc.
itereann -Deed (h,Irurnea Number 200300I11.07)
Port of the Nonhwet Bunter of 5«tim 5. Township 17 North R.mge 3 Eau HamJroe C OM, bdina bed.:
foMow :
Cooneecing at the Notdew o C'oron of nit Northwest puff?; there North 89 degas 35 ®re : 1 wood: East
(asslmed hating) 9362.99 feet along the North live of said Northwest Ou?m to d East Line oflsi -pai Pone 0
ecorded in Plat Canoe 1, Slide 33 to the Office of 3e Reorder of Ha®l:m County. Indiana' thence Se.tb 00 degree:
01 ninu1 15,econd. 2. , 106:.08 fen along nd En Line to the POINT OF BEGINNING of thisdreriveon thence
North 90dpem 03 minutes 00 secmds Era 560.1 fret TO the wcem bne of a ❑ainage Easement recorded
fnsmrnent Na. 206E00071267 in d Office the Remade. thence South 36 degrees 23
of 50 ruitano md.East
261.10 fat along said weatesn line_ then Saudi 00 &goo 02 mirage- 09 sewn& Eaa 22.96 feet to the North Line of
Bridleboterne Soto. 5 mcorcled ' Phu Cabot 1. Side 134 as said Office ofd Recorder thence Smith 69 &goo 65
mivtm09 Wen 71 C6 feet along the North Line of saidBidlebonoe Section 5 ad Seam 6 recorded i Phi
Cabinet t Slide 208 ' .aid Office of die Recorder to the Pot lice of sidlarlsym Phase 1: doce North NO depa. 0l
mimes 15 woods Eau 242.56 feet along said Eati Line to the Para ofBegmnier containing 3.522 acre, one ca lees.
DRAINAGE EASEMENT
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2014041514 PT RELEASE $14.00
09/17/2014 03:10:42P 2 PGS
iary L. Clark
'.-HAMILTON County Recorder IN
Recorded as Presented
i
Project: Bridlebourne Drainage Improvements
Parcel No. 3
Code: NA
County: 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 Indianapolis,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
of mortgage to be signed by its OCricR....2 S 44 u Li. I
attached thereto this 13114 day of AtJ(SL:S i , 20 .
State of --► tC-ulQ.InGk,
County of iMar 1,01)
) SS
and its seal
The National Bank of Indianapolis
(Mortga ee)
By:
(Signa ure) ��
VICE 6.5)DEN"i-
(Printed Name and Title)
Sandra D. Gilberto. Notary Public
My commission expires: 07/11/2016
County of residence: Marion
Before me, the undersigned, a Notary Public in and for said County and State, personally appeared
�JohnUYincpc r\
cr-
, known to me to be the 1/1Q6 "Pref( den-6 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.
Witness my hand and notarial seal this / 3fh day of /44 q U o
ciA a- CD
,201t .
otary Public (Signature)
Notary Public (Printed Name)
My commission expires 7-1/—//.00
My County of residence is 0. rI 0 (-)
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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SEC. 5, T17N, R3E
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OINIT OF BEGINNING
N90'00'00 "E — '560.31
SCALE: " = 200'
UNIVERSITY H GH SCHOOL
OF INDIANA, INC.
WARRANTY DEED
INST #200300123207
10
DRAINAGE EASEMENT
J' INST #200600071267
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22.16'
DRAINAGE EASEMENT
3.522 ACRES +/—
'BRIDLEBOURNE SEC. 6
P.C. 1, SLIDE 208
SANITARY85EWER 9 W — 717.06P BRIDLEBOURNE SEC. 5
EASEMENT AGREEMENT _ _ _ _ _ _ _ P.C. 1, SLIDE 134
INSTIl20070093067
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Drainage Easemen -
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 feet 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 westem 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.
•
DRAINAGE EASEMENT
AMERICAN
STRUCTUREPOINT
INC.
7260 SHADELAND STATION
INDIANAPOLIS, IN 46258-3957
TEL 317.547.5580 FAX 317.543.0270
www.structurepoint.com
DATE: 06- 20. -12
DRAWN BY: JNH
JOB NO. 201100507
SHEET NO.
1
of
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