Water Line Agreement - Rea S. Walters�QRo�
j^tV Prior Deed References: Instrument No. 9015745
,... in the Recorder's Office for Hamilton County,
Indiana
WATER LINE EASEMENT AGREEMENT
This Water Line Easement Agreement (the "Agreement") is made and entered into this eday
of a (it2017, by and between Rea S. Walters ("Grantor") and the City of Carmel,
Indiana ("Grantee")
RECITALS:
A. Grantor is the owner of certain real property located in Hamilton County, Indiana
("Grantor's Property")
B. Grantee, in connection with Grantee's construction of a 16 -inch water main (the
"Project") requires a permanent, exclusive easement over, through, under, upon and across that portion
of Grantor's Property more particularly described on Exhibit A and depicted on Exhibit B attached
hereto and incorporated herein, (the "Easement Property") to provide for the laying, installing,
constructing, maintaining, operating, inspecting, altering, repairing, replacing and removing water utility
lines, and all associated valves, fittings, meters, accessories and equipment on, over, and across the
Easement Property.
NOW, THEREFORE, for and inconsideration of the foregoing recitals which are incorporated
herein by reference and the mutual covenants and agreements hereinafter set forth and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree
as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee an exclusive, perpetual
easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering,
repairing, replacing and removing water utility lines, and all associated valves, fittings, meters,
accessories, appurtenances and equipment (the "Improvements") on, over, through, under, upon and
across the Easement Property. Above ground appurtenances, accessories and equipment shall be limited
to fire hydrants and meter pits. Grantee shall have the right to: (a) remove from the Easement Property,
without liability for replacement or repair, any fences, structures, asphalt or concrete paving, curbing or
other improvements, trees, bushes, earth berming, landscaping and other structures that exist prior to, at
the time of, or after Grantee's acquisition of such easement; and (b) make such alterations and
improvements to the Easement Property as Grantee deems may be necessary or useful in the exercise of
Grantee's rights hereunder. If the Improvements are installed in good faith in a location other than the
location that is
Walters easement grant form
described and depicted in Exhibit B then, and in that event, the Easement Property defined herein shall be
revised to include that strip of land that is centered on the line or equipment as installed, and in such an
event, Grantor and Grantee, shall join in the execution and acceptance of an appropriate substitute
easement instrument if either Grantor or Grantee shall deliver to the other a written request for such a
substitute easement instrument. Grantee shall also have the right of ingress and egress over, under, upon
and across the Grantor's Property for purposes of access to the Easement Property. The easement also
includes the rights and privileges to temporarily use, from time to time, additional space on the Grantor's
Property, where available and necessary, for equipment and materials necessary for the installation, repair
and maintenance of the Improvements located in, under, upon, over, and/or across the Easement Property,
to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted, and
for nearby property owners, their grantees, successors, agents, or employees, to connect the premises of
such nearby property owners by service pipes to the Improvements installed by Grantee within the
Easement Property, provided such nearby property owners, their grantees, successors, agents, or
employees restore the portion of the Grantor's Property disturbed by their work to a condition that is as
near the condition that existed just prior to the time the portion was distrubed by them as is practicable.
2. Obligations of Grantee. Subject to the terms described in Section 1 limiting the Grantee's
obligation for repair and replacement, [and the location of the Improvements on the Easement Property],
Grantee shall restore the Easement Property, to the extent practicable, to the condition as existed prior to
the commencement of the Project. The Grantee shall maintain, repair, replace and service the
Improvements.
3. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement
Property for any and all purposes and uses not inconsistent with the foregoing easement. Notwithstanding
the foregoing, Grantor shall not erect or maintain any permanent structures, obstructions, or other
improvements under and/or upon the surface of or over the Easement Property or perform any act which
would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement
herein granted. The immediately preceding sentence prohibits (among the other prohibitions effected by
it) the erecting or maintaining in the Easement Property of any earthen mound or series or system of
earthen mounds.
4. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence,
structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee).
Grantor shall mow and care for the grass located within the Easement Property. Grantor shall not block,
impede or interfere with the Improvements or Grantee's access to or use of the Easement Property.
5. Easement and Covenants Appurtenant. The easement granted, created and made herein,
together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, inure
to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its grantees,
successors and assigns. All covenants and agreements hereunder may be enforced by an action for
Walters easement grant form
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. Environmental Matters. Grantor covenants and represents that to the best of its knowledge,
neither the Grantor's Property nor the Easement Property is not presently the subject of, nor is there the
threat of any federal, state or states, or local environmentally related lien, proceeding, claim, liability or
action. Grantor agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee
shall not increase the liability of Grantee for environmentally related claims arising from or related to (i)
conditions on the Grantor's Property or the Easement Property prior to the acceptance of this Agreement;
.(ii) acts of Grantor or any other third party; or (iii) conditions on the Grantor's Property or the Easement
Property not created by Grantee.
7. Jurisdiction. Grantor and Grantee agree that any litigation associated with or arising from
this indenture shall be filed with a court of competent jurisdiction within the State of Indiana.
8. Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any
past, present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee
associated with or related to the Grantor's Property or Easement Property.
9. Waiver. Waiver by either party of any one default hereunder will not be deemed to be a
waiver of any other default under this Agreement. Any remedy or election under this Agreement will not
be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other
remedies at law or in equity.
10. Amendment. Grantor and Grantee agree that this Agreement shall only be modified or
released by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded,
shall run with the Grantor's Property and the Easement Property.
11. Entire Agreement. This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and all prior agreements, communications and negotiations between the parties,
either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated,
modified, or amended only by a writing signed by the parties, and no agreement or consent of any other
persons shall be necessary for such termination, modification, or amendment.
12. Governing Law. This Agreement will be governed by and construed in accordance with the
laws of the State of Indiana.
13. Notice. 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
Walters easement grant form
or served under or by the terms and provisons of this Agreement or pursuant to law or otherwise, shall be
in writing. All notices shall be either (a) sent by 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 to the
respective parties as follows:
If to Grantee: City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: Carmel City Attorney
With a Copy to: City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: Director of Utilities
If to Grantor: Rea S. Walters
9635 Greentree Drive
Carmel, IN 46032
Any such notice will be effective three days after the notice has been deposited in the United States mail, as
provided above, or if earlier upon receipt.
14. Severability. If any term, covenant, condition or provision of this Agreement or the
application thereof to any person or circumstance, shall at any time or to any extent be held invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be
valid, binding and enforceable to the fullest extent permitted by law.
15. Authorily. The person executing this instrument on behalf of Grantor hereby represents that
he has the authority to bind Grantor to the terms and conditions set forth herein and that all necessary action
therefore has been taken. Grantor further represents and warrants'to Grantee that Grantor is the fee simple
owner of the Easement Property; that Grantor has the right to grant this easement; that Grantor guarantees
the quiet possession of the Easement Property to the Grantee; that the Easement Property is free of any
liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that, as of the
Walters easement grant foram
date of execution hereof, appears of public record; and that, subject to the foregoing, Grantor will warrant
and defend Grantee's title to the easement granted hereby against all claims thereon.
16. Attorneys' Fees. In the event of any action or proceeding brought by either party against
the other under this Agreement, the prevailing parry shall be entitled to recover all costs and expenses,
including reasonable attorneys' fees.
17. Damage and Loss of Trees. Grantee covenants that it will not remove any trees from the
easement area on Grantor's property line. However, Grantee reserves the right to trim branches from trees
that extend into the easement area which may interfere with the movement of construction equipment
during the installation of the water main or line. Grantee covenants that it will reimburse Grantor for the
loss of trees within or immediately adjacent to the easement should any tree die or sustain damage within
a period of three years following the substantial completion date of the construction of the water main or
line, with such loss or damage being attributed as a direct result of the installation of the water main or
line. Grantor, at Grantor's expense shall provide Grantee with an appraisal performed by a certified
arborist or certified land appraiser estimating the value of such affected trees. Should Grantee disagree
with the appraised value of such affected trees as provided by Grantor, Grantee reserves the right to have
an appraisal of such affected trees performed at Grantee's expense.
IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement
as of the day and year first above written.
GRANTOR:
.0
Printed: Rea S. Walters Printed:
Date:
Walters easement grant form
Date:
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
JM t� f fc4yf
Miles Brainard, Presiding Officer
Date:
Lori Watson, Nffmber
Date:
ATTEST:
Christine Pauley, Clerk -Treasurer
ACKNOWLEDGEMENT
State of Indiana, County of fl&vvuaz-7i SS:
Before me, the undersigned Notary Public in and for the County and State, personally appeared
and
acknowledged the execution of the foregoing Water Line Easement Agreement on this J16(_ day of
kau, , 2017.
My Commission Expires oN/
DIANNE WALTHAL— L
Seal
Notary Public - Siate-of Indiana
Hamilton County
My Expires Mar 16, 2024
4, � z �_
(Signature)
(Printed or Typed) (Notary Public)
This document prepared by and after recording return to: Douglas C. Haney, City of Carmel, One Civic
Square, Carmel, IN 46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Securiyt
number in this document, unless required by law. Douglas C. Haney.
STATE OF INDIANA )
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared
fid, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of Carmel
Board of Public Works and Safety, and Christine Pauley, Clerk -Treasure of the City of Carmel, who
acknowledged the execution of the foregoing "Water Line Easement Agreement" on behalf of the City
of Carmel, Indiana.
Witness my hand and Notarial Seal this c� 1 day of t t ,r�� , 2017.
� 01
NOTARY PUBLIC
My Commission Expires:
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Sell
Notary Public , Stals of Indiana
Hamilton County
Commission Esoiras Mar 16, 2024
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Printed Name
My County of Residence: I 144Yl
Date: to la 1II, �
EXHIBIT "A"
OWNER: Rea S. Walters
DEED RECORD: Instrument Number 9015745
HAMILTON COUNTY PARCEL NO.: 17-13-08-03-02-013.000
PERMANENT WATERLINE EASEMENT
A part of Lot 2 in Greentree Country Club Estates, Section A, as recorded in Plat Book
2, Pages 150 - 151 in the Office of the Recorder of Hamilton County, Indiana and being
in Clay Township, Hamilton County, Indiana, said part being more particularly described
as follows:
Twenty (20) feet by a line parallel with the south line of said lot off the entire southerly
side of said Lot 2. The northerly line of said easement is to be extended or shortened to
terminate at angle points in the easterly and westerly lines of said lot. Containing 0.055
acres (2,400 square feet), more or less. Subject to all legal highways, rights -of -ways,
easements, and restrictions of record.
DATE: October 26, 2011
RONALD L. NOLAN
Registered Land Surveyor SO 439
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STATE OF r
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Page 1 of 2
YAProject Files - active\] 41811 Carmel Utilities - 96th Street\48-001 - Survey\Easements\4 Walters
easement.doc
G/N-1®11 wEr
OWNER: REA S. WALTERS
DEED RECORD: INSTRUMENT NO. 9015745
HAMILTON COUNTY PARCEL NO. 17-13-08-03-02-013.000
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LOT 2
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COUNTRY CLUB
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I 50' BUILDING LINE
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20' PERMENANT EASEMENT
0.055 ACRES -1
(2,400 SQ. FT.)f
DRAWN 8Y I CHMM BY APPROVED BY
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1 1 "=50' 1
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WESSLER
ENGINEERING
More than a
EXHIBIT "B"
EASEMENT EXHIBIT
REA S. WALTERS
PREPARED FOR:
THE CITY OF CARMEL, INDIANA
CURRENT SHEET N0.
2
TOTAL SHEETS
2