KLC Realty/Water Line Easement AgreementPrior Deed References: Instrument Number
2012012558 in Recorder's Office for Hamilton
County, Indiana
WATER LINE EASEMENT AGREEMENT
gQc�or,�o
JAO
This Water Line Easement Agreement (the "Agreement') is made and entered into this,03 day
of L 2012, by and between KLC Realty, LLC, an Indiana limited liability company
(" for") and the City of Carmel, Indiana ("Grantee").
RECITALS:
A. Grantor is the owners of certain real property located in Hamilton County, Indiana
("Grantor's Property') more particularly described in Exhibit 1 attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement/construction of the Michigan Road
Water Main Installation — 96U' Street to Retail Parkway (the "Project") requires a permanent, exclusive
easement over, through, under, upon and across that portion of Grantor's Property more particularly
described and depicted on Exhibit A and 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,
pumps, fittings, meters, accessories and equipment on, over, and across the Easement Property.
NOW, THEREFORE, for and in consideration 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,
reparing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters,
accessories and equipment (the "Improvements") on, over, through, under, upon and across the Easement
Property. Grantee shall have the right to: (a) subject to Section 2, remove from the Easement Property
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 described and depicted in Exhibit A and
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
1646963_4. I
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. To the extent practical and within acceptable construction
practices, Grantee shall utilize directional boring for the initial installation of the water utility lines that
are a part of the Improvements. Open cutting or ditches shall be utilized to install service lines, taps,
hydrants, valves or similar items; as needed as part of the directional boring process; where two water
lines intersect or connect; or if problems arise with the directional boring process. Grantee shall not be
required to use directional boring for any future repair, maintencnace, replacement, reconstruction,
relocation of the Improvements. Grantee shall maintain, repair, replace and service the Improvments.
Notwithstanding anything in this Agreement to the contrary, Grantee shall restore the Easement Property
and Grantor's Property, to the extent practicable, to the condition as existed prior to the commencement of
the Project, including driveways thereon. This obligation to restore the driveways shall apply to all future
work, including repair, replacement or relocation of 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. Subject to
Grantee's rights and obligations in Sections 1 and 2 with respect to the Easement Property, Grantor shall
be entitled to maintain all improvements on the Grantor's Property in existence as of the date of this
Agreement. With the exception of those Improvements in existence on the date of this Agreement,
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. Grantor shall not 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 and shall maintain all other
parts of the Easement Property in good condition. 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
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
1646963_4. 2
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 A eement. 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
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:
1646963_4. 3
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: r—LC. L.G e-
-56, -S6,
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. Severabilitv. 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. Authority. The person executing this instrument on behalf of Grantor hereby represents that
he/she 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 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 party shall be entitled to recover all costs and expenses,
including reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement
as of the day and year first above written.
1646963_4. 4
GRANTOR:
BY:
Charles D. Key
Member
BY:
Linda L. Key
Member
BY: 29, Inc.
Member
Charles D. Key
President
1646963_4.
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
James Brainard, Presi ing Officer
Date:
Mary Ann urke, Member
Date: ? /1
ATT S
stine Pauley, C k -Treasurer
ACKNOWLEDGEMENT
State of Indiana, County of AAM( L`TZ SS:
Before me, the undersigned Notary Public in and for the County and State, personally appeared
C H -(Z 15 I 7i,,j F -'S - f?"AU L-g�� and
acknowledged the execution of the foregoing contract on this / day of
I1 I lvH , 20 1 Y
My Commission Expires — Z 3
MhW1-Elffiurphy
Notary Public
Seal
Hamilton County, State of Indiana
(seal) Commission No. 668761
My Commission Expires 6.29.2023
This document prepared by:
�.l.0
V C�-
(Signature)
c4lime In
(Printed or Typed) (Notary Public)
STATE OF INDIANA
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared James., 1;�Q)
4ff"ard, 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 "Agreement" on behalf of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this / day of 2018.
NOTARY PUBLIC`
My Commission Expires: Printed Name
My County of Residence: �-7L
DIANNE WALTHALL
Date:
Seal
Notary Public . State of Indiana
Hamilton county
My Commission Expires Mar 16, 2024
STATE OFR1n1 A )
SS:
COUNTY OF_MPZjoi )
Before me, a Notary Public in and for the State of Indiana, personally appeared Charles D. Key, by
me known to be Member of Grantor, who acknowledged the execution of the foregoing Water Line
Easement Agreement for and on behalf of said Grantor.
Witness my hand and Notarial seal this day of A P2 � L , 2012.
My Commission Expires:
0,9
My County of Residence:
YVIn�.�-r
STATE OF
SS:
COUNTY OF 'n'1C3{La 014 )
- =-410RAO
Before me, a Notary Public in and for the State of Indiana, personally appeared Linda L. Key, by
me known to be Member of Grantor, who acknowledged the execution of the foregoing Water Line
Easement Agreement for and on behalf of said Grantor.
Witness my hand and Notarial seal thisoi3'-day of PRI L , 2012.
My Commission Expires:
091)4 ►ami4
My County of Residence:
Notary Public
0 S c h1
[Printed]
JACALYN HUDSON
NOTARY PUSUC
SEAL
STATI OF INDIANA
CAMMIWON 1XPIRFS
1646963_4. 8
[Printed]
JACALYN HUDSON
NOTARY PUBUC
SEAL
STATE OF INDIANA
COMMISSION EXPIRES
Before me, a Notary Public in and for the State of Indiana, personally appeared Linda L. Key, by
me known to be Member of Grantor, who acknowledged the execution of the foregoing Water Line
Easement Agreement for and on behalf of said Grantor.
Witness my hand and Notarial seal thisoi3'-day of PRI L , 2012.
My Commission Expires:
091)4 ►ami4
My County of Residence:
Notary Public
0 S c h1
[Printed]
JACALYN HUDSON
NOTARY PUSUC
SEAL
STATI OF INDIANA
CAMMIWON 1XPIRFS
1646963_4. 8
STATE OF ipj poll )
SS:
COUNTY OF M A-ej o N )
Before me, a Notary Public in and for the State of Indiana, personally appeared Charles D. Key, by
me known to be President of 29, Inc., Member of the Grantor, who acknowledged the execution of the
foregoing Water Line Easement Agreement for and on behalf of said Grantor.
JACALYN HUDSON
90 NOTARY PUBLIC
Witness my hand and Notarial seal this day of , 2012. STAn OF
DMA
COMMINON EXPIRES
I 04/14Z2914
This instrument was prepared by and after recording return to: Douglas C. Haney, City o arme , Une
Civic Square, Carmel, IN 46032.
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. Douglas C. Haney
16469634. 9
EXHIBIT I
Grantor's Property
Lot Number 8 in North Augusta, a subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record
132, Page 446-447 in the Office of the Recorder of Hamilton County, Indiana.
EXCEPT the following described real estate conveyed to the State of Indiana by Warranty Deed recorded September 20,
2000 as Instrument No. 200000047071, more particularly described as follows:
Beginning at the Southwest corner of said Lot 8; thence North 20 degrees 46 minutes 56 seconds West 30.480 meters
(100.00 feet) along the Western line of said Lot 8 to the Northwest corner thereof; thence North 69 degrees 13 minutes
04 seconds East 5.967 meters (19.58 feet) along the Northern line of said Lot 8; thence South 22 degrees 18 minutes 14
seconds East 30.491 meters (100.04 feet) to point "734" as shown on said right of way parcel plat, said point "734" lying
on the Southern line of said Lot 8; thence South 69 degrees 13 minutes 04 seconds West 6.776 meters (22.23 feet) along
said Southern line to the point of beginning.
CArmel Michigan Road grater main Cheker 10 EA.doc
EXHIBIT °A°
EASEMENT
A PART OF LOT 8 IN NORTH AUGUSTA, A SUBDIVISION IN HAMILTON COUNTY, INDIANA, RECORDED IN DEED
RECORD 132, PAGES 446-447 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, AND BEING IN
THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL
MERIDIAN, HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at the Southwest corner of said Lot 8; thence North 69 degrees 13 minutes 04 seconds East,
along the Southeasterly line of said Lot 8, a distance of 26.45 feet to the PLACE OF BEGINNING thence
North 16 degrees 01 minutes 08 seconds West, a distance of 100.35 feet to the Northwesterly line of said
Lot 8; thence North 69 degrees 13 minutes 04 seconds East, along the Northwesterly line of said Lot 8, a
distance of 15.05 feet; thence South 16 degrees 01 minutes 08 seconds East, a distance of 100.35 feet to
the Southeasterly line of said Lot 8; thence South 69 degrees 13 minutes 04 seconds West, along the
Southeasterly line of said Lot 8, a distance of 15.05 feet to the PLACE OF BEGINNING, CONTAINING 0.0346
ACRES (1505 SQ. FT.) MORE OR LESS.
I, Trent E. Newport, a Registered Land Surveyor in the State of Indiana, do hereby certify that this
description was prepared from information obtained from Instrument Number 200000047071, as recorded in
the Hamilton County Recorder's Office. No fieldwork was performed and therefore, this description is
subject to any overlaps, gaps or inconsistencies that a field survey might reveal.
GISTEq 9 0
/,J-
No. 29600021 Trent E. Newport Date
Reg. Land Surveyor No. 29600021
STATE OF State of Indiana
! SND I ktk pQ
X14 SURN�y
PREPARED BY:
I
Transportation X
Doelupment Consultant,
ROAD:
MICHIGAN ROAD
PROJECT:
MICHIGAN ROAD FDR MAIN
N16'01'08"W 100.35'
96th ST. -106th ST.
COUNTY:
HAMILTON
SECTION:
7
TOWNSHIP:
17 NORTH
RANGE:
3 EAST
tilt o
co izo
SCALE: 1" 60'
LINE TABLE
L1
N69'13'04"E 26.45'
L2
N16'01'08"W 100.35'
L3
N69'13'04"E 15.05'
L4
S16'01'08"E 100.35'
L5
S69'13'04"W 15.05'
10
APP. R/W PER --
INST.#200000047071
EXHIBIT "B"
EASEMENT EXHIBIT
OWNER: KLC REALTY, LLC
RECORD DOCUMENTS: SHERIFFS DEED, INST.#201201255f
/ / HATCHED AREA IS THE
APPROXIMATE EASEMENT
DRAWN BY : CJL 11-22-11
REVISED BY : CAW 04-18-12
CHECKED BY : TEN
SCALE : 1" = 100'
3p0 / KLC AL Y. LL o
INST.#20122012558 0
i
NORTH AUGUSTA
DEED RECORD 132, /
PAGES 446-447
LOT 8
115
(PLACE OF BEGINNING(
E. N£k, No fieldwork was performed and therefore, this description is subject to
an overlaps, gaps or inconsistencies that a field surveymight reveal.
�
��p1STEgFo ��This plot was prepared from information obtained from Instrument Number
200000047071, as recorded in the Hamilton County Recorder's Office.
No. 29600021
STATE OF
/ND I ANP O� Trent E. Newport Date
4N-1 S U RN �y Reg. Land Surveyor No. 29600021
State of Indiana
NORTH
PREPARED BY:
44
r r �
Iransporlatiun ti
Development Consultanh
3417 AMP M a[a GRN. 0 16167 I31n W 1517