116th - Gail Schmid1
•
•
o
oN
Cross Reference to Prior Deed of Record
Recorder's Office
Warranty Deed Instrument No. 9008970, in the Hamilton County, Indiana
EASEMENT AGREEMENT
200400077426
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
11-15-2004 At 02:17 I'M.
EASEMENTS 22.00
his Easement Agreement (this "Agreement") is made and entered into this azt� av of
OCJoOe Y , 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 1 16th 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 Cannel 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 Cannel Creek, (ii) other
improvements related to the Project and (iii) future improvements conducive to the
drainage of stone 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 term "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 benns, and other stnuctures.
2. Obligations of Grantee. Subject to the terms 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
4
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
Carmel, 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
By:
Printed: Gail M. Schmid
3
Bv:
Printed: Stephen Engelking
Title: Director of Administration
•
•
STATE OF INDIANA
COUNTY OF
�v
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 Mist/46Mist/46of 417 '/0/(i , 2004.
My commission expires:,gf /� /()<
I am a resident oft{ff/L(%County, Indiana
STATE OFF )
) SS:
COUNTY OF? f_ )
Notary Public
Printed Name
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 o1 day of Gltiae-"—*/ , 2004.
My commission expires:
I am a resident of7b/aa, County, Indiana
.10r4 L s14
Pri,ited Name
This document was prepared by and, following recording, should be returned to:
Robert A. Hicks, Attorney -at -Law, Hall, Render, Killian, Heath & Lyman, P.S.C.,
One American Square, Suite 2000, Box 82064, Indianapolis, IN 46282.
4
0
EXHIBIT "A"
Project: STP -B886( ) Sheet 1 of 1
Parcel: 31 Perpetual Easement
A part of Lot 2 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 grantor's 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 northwest corner of said I thence South 89 degrees 22 minutes 48
seconds East 3.932 meters (12.90 feet) along the north line of said lot to point "800"
designated on said parcel plat; thence South 0 degrees 09 minutes 46 seconds East 38.104
meters (125.01 feet) to the south line of said lot; thence North 89 degrees 22 minutes 48
seconds West 5.006 meters (16.42 feet) along said south line to the southwest corner of said
lot; thence North 1 degree 27 minutes 07 seconds East 38.104 meters (125.01 feet) along the
west line of said lot to the point of beginning and containing 170.3 square meters (1,833 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
2' 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.
en@+numa
d Vol- a
No. So14$ iz
STATE or
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
31
STP -8886( )
116th STREET
HAMILTON
1
17 N.
3 E.
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: SCHMID, GAIL M.
INSTRUMENT NO. 9008970 DATED: 4-18-90
Dimensions shown below are from the above listed record documents.
Centerline stationing tic marks are shown at 20 meter intervals.
36 36
116th STREET
0
N
N
1
809.60'
Perpetual Esm't
0
0
a
N
N Line "PR -1"
R/W
120.97'
15' Drainage &
Utility Strip
Residue "A"
Lot 2
122.78'
Lot 3
DES. NO.:
DRAWN BY:
CHECKED BY
SHEET 1 OF 2
9785910 & 9785911
C.J. HOGSTON, 10-28-01
J.R. RITTER, 10-31-01
Hatched area is the
approximate taking.
50'
100'
5 0'
SCALE: 1"= 50'
RALSTON AVENUE
z
O
H_
A
0
O
O
OG
z
z
O
A
rre)
CV
a
Cs
0
Lot 18
Lot 17
This plat was prepared from information obtained from the recorder's office
and other sources which were not necessarily checked by a field survey.
PARCEL: 31
el PROJECT: STP -B886( )
ROAD: 116th STREET
COUNTY: HAMILTON
SECTION: 1
TOWNSHIP: 17 N.
RANGE: 3 E.
•
EXHIBIT "B"
RIGHT-OF-WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
OWNER: SCHMID, GAIL M.
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"
"PR -1"
2.009.481
3.200 Rt.
4636.563
5015.612
515
"PR -1"
2.818.967
0.000 Rt.
4638.861
5825.074
560
"PR -1"
2.009.460
0.000 Rt.
4639.763
5015.582
566
"PR -1"
2.390.002
0.000 Rt.
4640.843
5396.122
575
"PR -1"
2.000.407
3.200 Rt.
4636.479
5006.559
800
"PR -1"
2.213.000
94.937 Rt.
4545.404
5219.391
801
"PR -1"
2.213.000
170.000 Rt.
4470.342
5219.604
T 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).
Farrar, Garvey d Associates, 220
8925 N ,Neridan , Indianapolis, IN 46260
/3171644-6900 • FAX 13171844-9158
\1111111111111111111//
��15T ERfO /�
7:
No. 50148
i {••'. STATE OF ,:Ce
/f 11-02-01 i-4743':Nn1"Nt,••.-lei
Land Surveyor No. S0148 Date ''iii111SURN1 ",.
Re \\`
State of Indiana