116th - Gail M SchmidCross Reference to Prior Deed of Record: Warranty Deed, InstrumentNo. 2347, Book 272. Page 616, in the
Hamilton County, Indiana Recorder's Office
200400077425
Filed for Record in
HAMILTON COUNTY? INDIANA
EASEMENT AGREEMENT JENNIFER J HAYDEN
11-15-2044 At 02:17 pm.
EASEMENTS 22.00
his asement Agreement (this "Agreement") is made and entered into thisa7� day of
, 2004 by and between Gail M. Schmid, ("Grantor") and THE CITY OF
CARMEL, INDIANA ("Grantee').
RECITALS
A. Grantor owns certain real property (the "Grantor Parcel') located in Hamilton
County, Indiana more particularly described as follows:
See Exhibit A attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement and widening of 116th Street
and Grantee's construction of certain storm water drainage improvements related to such
widening and located in the vicinity of the intersection of 116th Street and Carmel Creek (the
"Project"), requires a permanent easement over a portion of the Grantor Parcel which permanent
easement area (herein referred to as the "Permanent Easement Parcel") is more particularly
described as follows:
See Exhibit B attached hereto and incorporated herein.
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 parties hereto agree as follows:
1. Grant of Permanent Access, Drainage and Maintenance 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:
(a) Storm water drainage.
(b) Access, ingress and egress for the initial installation, future maintenance,
repair and replacement of (i) "rip rap" along the bank of Carmel Creek, (ii) other
improvements related to the Project and (iii) future improvements conducive to the
drainage of storm water.
(c) Removal, without liability to Grantee (except as otherwise provided below),
of any "Improvements" (hereinafter defined) located within the Permanent Easement Parcel,
whether now existing or hereafter placed or constructed; provided, however, Grantee shall
be solely responsible for the cost and expense of removing any Improvements existing as of
the date hereof and identified on Exhibit C attached hereto and incorporated herein by this
reference, and Grantor shall reimburse Grantee (within thirty (30) days following written
demand therefor) the cost and expense of removing any Improvements placed or
constructed thereon at any time after the date hereof unless such Improvements are either
constructed by Grantee pursuant to (b) above, or approved by Grantee in advance in writing
which approval may be withheld in Grantee's sole discretion. The terns "Improvements" in
the immediately preceding sentence hereof shall include, without limitation, fences,
buildings, structures, asphalt or concrete paving, curbing or other similar improvements,
trees, bushes, earthen or other mounds, levees or berms, and other structures.
2. Obligations of Grantee. Subject to the terns described in Section 1, Grantee shall
restore the Permanent Easement Parcel, to the extent practicable, to the condition as existed prior to
the commencement of the Project.
3. 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 easements, the right
to use the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing rights granted to Grantee.
4. Obligations of Grantor. Unless the prior written consent of Grantee is obtained as
aforesaid, Grantor shall keep the Permanent Easement Parcel free of any and all Improvements
(other than those placed or constructed by Grantee). Grantor shall mow and care for the grass
located within the Permanent Easement Parcel and shall keep the Permanent Easement Parcel free
from debris, silt, weeds, refuse and any other obstructions.
5. Easement and Covenants Appurtenant. The easement and other rights 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. easement 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
and the Grantor Parcel, as applicable, shall run with the Permanent Easement Parcel and the
Grantor 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).
6. Notices. Any and all notices, demands, requests, submissions, approvals,
consents, or other communications or documents required to be given, delivered or served or
which may be given, delivered or served under or by the terms and provisions of this Agreement
or pursuant to law or otherwise, shall be in writing. All notices shall be either (a) sent by
2
•
•
overnight delivery using a nationally recognized overnight courier, in which case notice shall be
deemed delivered one business day after deposit with such courier, (b) sent by certified or regular
U.S. mail, postage prepaid, in which case notice shall be deemed delivered two business days
after deposit in such mails, or (c) sent by personal delivery, in which case notice shall be deemed
delivered upon receipt or refusal of delivery. All notices shall be addressed, if to the Grantee, to
Grantee at:
City of Carmel
Board of Public Works and Safety
One Civic Square
Cannel, Indiana 46032
Attn: President
with a copy to:
Hall, Render, Killian, Heath & Lyman, P.S.C.
One American Square, Suite 2000
Indianapolis, Indiana 46282
Phone: 317-633-4884
Fax: 317-633-4972
Attn: Robert A. Hicks, Esq.
or to such other address as Grantee may from time to time designate by written notice to Grantor,
or if to Grantor, addressed to Grantor at:
Gail Schmid
11550 Ralston Avenue
Carmel, Indiana 46032
or to such address as may be designated by the Grantor from time to time
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
Printed: Gail M. Schmid
3
By:
a-94,
Printed: Stephen Engelkine
Title: Director of Administration
STATE OF INDIANA
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared Gail M.
Schmid, the Grantor, and 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 Notarial Seal thi
My commission exp
resa l o g
1 am a resident o County, Indiana
STATE O<tai; ¢wee. )
'� ) SS:
COUNTY OFT)
J/2day of J/ li/lam
2004.
btary Public
Ji re. 04'7/Li/L.
Printed Name
PUBLia.
k\
PEBRo�S�
29l
ExGres: *
May 2, 2098
\are Ccury
teOF IN�xP
Before me, a Notary Public in and for said County and State, personally appeared Stephen
Engelking, the Director of Administration of Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
Witness my hand and Notarial Seal this
a6 u i( >Qta,
of y Public
My commission expires
day of , 2004.
1 am a resident of XtrZtifers.) County, Indiana
SIN
This instrument was prepared by and, following recording, should be.returned"to:
Robert A. Hicks, Attorney -at -Law, Hall, Render, Killian, Heath &
One American Square, Suite 2000, Box 82064, Indianapolis, IN 46282.
4
4
EXHIBIT "A"
Project: STP -B886( ) Sheet 1 of 1
Parcel: 30 Perpetual Easement
A part of Lot 1 in Donnybrook Addition, an addition in Hamilton County, Indiana, the
plat of which is recorded in Plat Book 2, page 233, in the Office of the Recorder of Hamilton
County, Indiana, and being that part of the grantors' land lying within the right-of-way lines
depicted on the attached Right -of -Way Parcel Plat marked as Exhibit "B", described as
follows: Beginning at the southwest corner of said lot; thence North 1 degree 27 minutes 07
seconds East 19.061 meters (62.54 feet) (63 feet by Deed Book 272, page 616) along the west
line of said lot to the northwest corner of the grantors' land; thence South 89 degrees 52
minutes 54 seconds East 8.395 meters (27.54 feet) along the north line of the grantors' land;
thence South 0 degrees 09 minutes 46 seconds East 4.128 meters (13.54 feet) to point "799"
designated on said parcel plat; thence South 18 degrees 20 minutes 40 seconds West 15.752
meters (51.68 feet) to the south line of said lot at point "800" designated on said parcel plat;
thence North 89 degrees 22 minutes 48 seconds West 3.932 meters (12.90 feet) along said
south line to the point of beginning and containing 127.9 square meters (1,377 square feet),
more or less.
This description was prepared for the City of Carmel by John M.
Garvey, Indiana Registered Land Surveyor, License No. S0148, on the
21d day of November, 2001.
This description was written from information obtained from the
recorder's office and other sources which were not necessarily checked
by a field survey.
Otanfm
It G4,
C> ,......... 'fp
fi<coST E 4e.... F�
et
No. S0148
per:, cTATE OF IP
J . 141f.:
41 f.: � �V
St)CM
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
PARCEL: 30 OWNER: SCHMID, RICHARD A. ET UX.
PROJECT: STP -B886( )
ROAD: 116th STREET DEED BOOK: 272, PAGE 616 DATED: 3-21-74
COUNTY: HAMILTON
SECTION: 1
TOWNSHIP: 17 N.
RANGE: 3 E.
Dimensions shown below are from the above listed record documents.
Centerline stationing tic marks are shown at 20 meter intervals.
116th STREET
0
-DES. NO.:
DRAWN 8Y:
CHECKED BY
SHEET 1 OF 2
9785910 & 9785911
C.J. HOGSTON, 10-28-01
J.R. RITTER, 10-31-01
\\\�\ Hatchedarea is the
\\\\\
approximate taking.
50'
100'
0 0 o
N t co
N N
CV Line "PR -1" N
SCALE: 1'=50'
809.60'
50'
n
tri
15' Drainage &
Utility Strip
119.15'
798) _ 6' Utility Strip
DONNYBROOK ADDITION,
HAMILTON COUNTY
(P.B.2, pg. 233)
U
N
:3
to
Residue "A"
N
120.97'
Lot 2
RALSTON AVENUE
R/W
Lot 18
This plat was prepared from information obtained from the recorder's office
and other sources which were not necessarily checked by a field survey.
0
EXHIBIT "B"
RIGHT—OF—WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
PARCEL:' 30 OWNER: SCHMID, RICHARD A. ET UX.
PROJECT: STP -8886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 1
TOWNSHIP: 17 N.
RANGE: 3 E.
SHEET 2 OF 2
DES. NO.: 9785910 & 9785911
DRAWN BY: C.J. HOGSTON, 10-28-01
CHECKED BY: J.R. RITTER, 10-31-01
POINT REFERENCE TABLE (METRIC UNITS)
(NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST
COORDINATES AND BEARINGS & DISTANCES)
POINT
CENTERLINE
STATION
OFFSET
NORTHING
EASTING
508 x
"PR -1"
2.009.481
3.200 Rt.
4636.563
5015.612
515
"PR -1"
2818.967
0.000 Rt.
4638.861
5825.074
560
"PR -1"
2.009.460
0.000 Rt.
4639.763
5015.582
566
"PR -1"
2390.002
0.000 Rt.
4640.843
5396.122
575
"PR -1"
2000.407
3.200 Rt.
4636.479
5006.559
798
"PR -1"
2218.000
65.000 Rt.
4575.355
5224.306
799
"PR -1"
2.218.000
80.000 Rt.
4560.355
5224.348
800
"PR -1"
2.213.000
94.937 Rt.
4545.404
5219.391
x See 'Location Control Route Su vey Plat'
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the 'Location
Control Route Survey Plat' recorded as Instrument No. 200000059060 in the
Office of the Recorder of Hamilton County, Indiana, (incorporated herein and
made a part hereof by reference) comprise a Route Survey executed in
accordance with Indiana Administrative Code 865 IAC 1-12, (Rule 12).
G
Farrar, Garvey & Associates, 6LC
8925 N. Aleric an ' Indianapolis, IN 46250
(317)844-8,900 t FAX (317) 841-9158
JohnUV1. Garvey
Reg. Land Surveyor o. 50148
State of Indiana
\\\\\ 111 I I I I I I I/////,
M. G4epl
No. S0148
<.•% STATE OF /C
"
11-02-01 %9e'•.:aol�Nr,• y0�`
Date �7o SUR`.C1,:r��``
4110/I I I I I I 111111\\'