Pennsylvania - Bankers National Life4
1
D0
Cross Reference to Prior Deed of Record: I r131. 94 94 S 39 9'1
Hamilton County, Indiana Recorder's Office
EASEMENT AGREEMENT
This Easement Agreement (this "Agreement is made and entered into this day of
gttgi lY 2001, by and between BANKERS NATIONAL LIFE INSURANCE
COMPANY, a Texas corporation "Grantor and the CITY OF CARMEL "Grantee
RECITALS
A. Grantor owns certain real property (the "Grantor Parcel located in Hamilton
County, Indiana more particularly described as follows:
Part of the Northeast Quarter of Section 35, Township 18 North,
Range 3 East of the Second Principal Meridian in Hamilton
County, being more particularly described as follows:
Commencing at a railroad spike marking the Southwest Corner of
the said Northeast Quarter Section; thence North 00 degrees 07
minutes 31 seconds West (assumed bearing) along the West line of
the said Quarter Section a distance of 510.08 feet to a P.K. Nail
and the BEGINNING POINT; thence North 88 degrees 49 minutes
16 seconds East, parallel with the South line of the said Quarter
Section, a distance of 1326.90 feet to a 5/8 inch rebar w /yellow cap
and the Southwest corner of Block 3 in the Conditional Secondary
Plat Carmel Science and Technology Park, the plat of which is
recorded in Plat Book 13, pages 65 thru 71 in the Office of the
Recorder of Hamilton County, Indiana; thence North 00 degrees 06
minutes 12 seconds West along the West line of said Block 3 a
distance of 572.31 feet to a 5/8 inch rebar w /yellow cap which lies
South 00 degrees 06 minutes 12 seconds East 1542.00 feet from
the Northeast corner of the West Half of the said Quarter Section;
thence South 88 degrees 40 minutes 34 seconds West, parallel with
the North line of the said Quarter Section, a distance of 1327.19
feet to an existing P.K. Nail and the West line of the said Quarter
Section; thence South 00 degrees 07 minutes 31 seconds East
along the said West line a distance of 568.95 feet to the
BEGINNING POINT, containing 17.381 acres more or less.
Together with:
A part of the Northeast Quarter of the West Half of the Northeast
Quarter of Section 35, Township 18 North, Range 3 East,
described as follows:
Commencing at the northeast corner of said west half of the
northeast quarter; thence South 00 degrees 06 minutes 12 seconds
East along the east line of said west half a distance of 1160.20 feet
to the POINT OF BEGINNING; thence South 88 degrees 40
minutes 34 seconds West parallel with the north line of said
northeast quarter a distance of 1327.33 feet to the west line of the
northeast quarter; thence South 00 degrees 07 minutes 31 seconds
East along said west line a distance of 381.80 feet; thence North 88
degrees 40 minutes 34 seconds East parallel with the north line of
said northeast quarter a distance of 1327.19 feet to the east line of
in the
002 00014360
Filed for Record in
HAMILTON COUNTY, INDIANA
MARY L CLARK
02 -21 -21002 11:42 am.
EASEMENTS 18.00
said west half; thence North 00 degrees 06 minutes 12 seconds
West along said east line a distance of 381.00 feet to the POINT
OF BEGINNING.
B. Grantee, in connection with Grantee's improvement and widening of Pennsylvania
Parkway (the "Project requires a permanent landscape easement over a portion of the Grantor
Parcel which permanent landscape easement area (herein referred to as the "Permanent Easement
Parcel is more particularly described as follows:
A part of the Northeast Quarter of Section 35, Township 18 North,
Range 3 East, Hamilton County, Indiana, being that part of the
lands described in Deed Instrument #9609653991 Instrument
#9322364 as recorded in the Office of the Recorder of Hamilton
County, Indiana, lying within the proposed permanent easement
depicted on the attached Right of Way Parcel Plat of Parcel 116 -5E
of the City of Carmel of Project 97 -04 attached hereto and
incorporated herein as Attachment 1, described as follows:
Commencing at the southwest corner of said quarter section;
thence North 1 degree 02 minutes 41 seconds East 510.08 feet
along the west line of said quarter section to the southwest corner
of the owner's land; thence North 89 degrees 59 minutes 29
seconds East 29.00 feet along the south line of the owner's land to
the point designated as point "235" on said Right of Way Parcel
Plat and the point of beginning of this description; thence North 1
degree 02 minutes 41 seconds East 951.82 feet to the point
designated as point "236" on said Right of Way Parcel Plat and the
north line of the owner's land; thence North 89 degrees 50 minutes
21 seconds east 10.00 feet along said north line to the point
designated as point "237" on said Right of Way Parcel Plat; thence
South 1 degree 02 minutes 41 seconds West 951.84 feet to the
point designated as point "234" on said Right of Way Parcel Plat
and the south line of the owner's land; thence South 89 degrees 59
minutes 29 seconds West 10.00 feet along said south line to the
point of beginning and containing 0.219 acres, more or less.
C. Grantee also requires a temporary easement for the duration of the Project for
purposes of constructing that portion of the Project located upon the Grantor Parcel. Such
temporary easement area (herein referred to as the "Temporary Easement Parcel is more
particularly described as follows:
A part of the Northeast Quarter of Section 35, Township 18 North,
Range 3 East, Hamilton County, Indiana, being that part of the
lands described in Deed Instrument #9609653991 Instrument
#9322364 as recorded in the Office of the Recorder of Hamilton
County, Indiana, lying within the proposed temporary easement
depicted on the attached Right of Way Parcel Plat of Parcel 116 -5E
of the City of Carmel of Project 97 -04 attached hereto and
incorporated herein as Attachment 1, described as follows:
Commencing at the southwest corner of said quarter section;
thence North 1 degree 02 minutes 41 seconds East 510.08 feet
along the west line of said quarter section to the southwest corner
of the owner's land; thence North 89 degrees 59 minutes 29
seconds East 39.00 feet along the south line of the owner's land to
a point designated as point "234" on said Right of Way Parcel Plat;
thence North 1 degree 02 minutes 41 seconds East 524.24 feet to
the point of beginning of this description; thence North 1 degree 02
minutes 41 seconds East 200.00 feet; thence South 88 degrees 57
minutes 19 seconds East 10 feet; thence South 1 degree 02
-2-
minutes 41 seconds West 200.00 feet; thence North 88 degrees 57
minutes 19 seconds West 10.00 feet to the point of beginning and
containing 0.046 acres, more or less.
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 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 landscaping over, under, across, upon and through the Permanent Easement
Parcel for which Grantee shall have the right to: (a) remove any fences, structures, asphalt or
concrete paving, curbing or other improvements, trees, bushes and earth berming that exist prior to,
as of the time of or after Grantee's acquisition of such easement; (b) plant trees, bushes (the
"Plantings grass or sod, and install earth berming; and (c) maintain, remove and replace the
Plantings, which may include the installation of irrigation equipment.
2. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor
hereby grants and conveys to Grantee the exclusive right to utilize the Permanent Easement Parcel
and the Temporary Easement Parcel for all purposes related to the construction of the Project,
including, but not limited to the storing of Grantee's equipment and the staging of the construction
of the Project. Upon the completion of the Project such temporary easement shall terminate and
Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition
as existed prior to the commencement of the Project.
3. Obligations of Grantee. Grantee shall maintain the Plantings and remove any
diseased or dead Plantings from the Permanent Easement Parcel and, at Grantee's option, replace
such dead Plantings with Plantings of the same (or similar) species, and to the extent practicable,
the same size.
4. 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 easement acquisition by Grantee, including without limitation the right to install, use,
maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the
Project. Grantor and its grantees, heirs, successors and assigns shall retain the right of access over
and across the Permanent Easement Parcel to and from the Public Right -of -Way to real estate
owned by Grantor adjacent to the Permanent Easement Parcel via Grantor's existing driveway or
any future driveway.
5. Obligations of Grantor. Except for any driveway described in Section 4
hereof, Grantor shall keep the Permanent Easement Parcel free of any fence, structure,
asphalt, gravel, plants (other than grass or sod and the Plantings installed by Grantee)
concrete or other improvements. Grantor shall mow and care for the grass located within the
Permanent Easement Parcel and shall keep the Permanent Easement Parcel free from debris,
weeds and refuse.
6. Easement and Covenants Appurtenant. The easements 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 easements 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, the Grantor Parcel
and the Temporary Easement Parcel, as applicable, shall run with the Permanent Easement
Parcel, the Grantor Parcel and the Temporary Easement 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).
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
r/f-f7/-ed
Printed: f /7,i /4 zr '7G/i"
Title: Pi fire y)/90 6
STATE OF �X.rs
COUNTY OF,,tyl
SS:
Before me, a Notary Public in and for said County and State, personally appeared
M i'W.i the Uiae— !°1 4 of 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 this day of
My Commission Expires:
Az
LINDA NESBY
MY COMMISSION EXPIRES
JANUARY 29, 2002
GRANTEE
By:
Printed: Stephen Engelking
Title: Director of Administration
Lukce, /1;,
Resident of
2001.
Notary Public
Printed
County
STATE OF INDIANA
COUNTY OF HAMILTON
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 M day of Xeir 2001.
My Commission Expires: og 16'
This instrument was prepared by Robert A. Hicks, Attorney at Law, Hall, Render, Killian, Heath
Lyman, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, IN 46282,
(317) 633 -4884.
Return following recording to: Robert A. Hicks, Hall, Render, Killian, Heath Lyman, P.S.C.,
One American Square, Suite 2000, Box 82064, Indianapolis, IN 46282.
03775rah.doc(mkj)
(116 -5E)
SS:
Notary Public
L4.rm A. &(aer
Printed
Resident of County