Pennsylvania - Bankers National Life (2)Cross Reference to Prior Deed of Record:
Hamilton County, Indiana Recorder's Office
o ?o 1 g 94-- od o i 9
2 00200014362
Filed for Record in
HAMILTON COUNTY INDIANA
NARY L CLARK
02 -21 -2002 11:42 am,
EASEMENTS 19.00
This Easement Agreement (this "Agreement is made and entered into th day of
P64,9ieY 2001, by and between BANKERS NATIONAL LIFE INSURANCE
COMPANY, a Texas corporation "Grantor and the CITY OF CARMEL "Grantee
EASEMENT AGREEMENT
RECITALS
A. Grantor owns certain real property (the "Grantor Parcel located in Hamilton
County, Indiana more particularly described as follows:
Part of the Northwest Quarter of Section 35, Township 18 North,
Range 3 East in Hamilton County, Indiana, described as follows:
Commencing at the railroad spike marking the southeast corner of
said northwest quarter section; thence on an assumed bearing of
South 88 degrees 45 minutes 10 seconds West along the south line
of said northwest quarter section' a distance of 184.00 feet to a 5/8
inch rebar with yellow cap marked "S" and the Beginning Point;
thence continuing South 88 degrees 45 minutes 10 seconds West
along said south line a distance of 402.60 feet to a 5/8 inch rebar
with yellow cap marked "S" at the east limited access right of way
line of the U.S. 31 as shown on the D.O.T. Plans, Project STF-
222(9), Sheets 16 -17, dated 1973; thence North 00 degrees 04
minutes 52 seconds West along said east limited access right of
way line a distance of 619.76 feet to a 5/8 inch rebar flush with the
ground with yellow cap marked "Firm 0001" (hereinafter referred
to as "rebar at the intersection of said east limited access right of
way line with the easterly 50 feet right of way line of Old U.S. 31
as shown on the D.O.T. Plans, Project 222, Sheets 13 -15, dated
1931 and a point on a curve having a radius of 1859.86 feet, the
radius point of which bears South 67 degrees 51 minutes 20
seconds East thence northeasterly along said easterly 50 feet right
of way line and along said curve an arc distance of 44.08 feet to a
"rebar" distant 660.00 feet north of the south line of said northwest
quarter section (said point bears North 66 degrees 29 minutes 52
seconds West from said radius point); thence North 88 degrees 45
minutes 10 seconds East, parallel with the south line of said
northwest quarter section, a distance of 568.54 feet to a "rail road
spike" at the east line of said northwest quarter section; thence
South 00 degrees 09 minutes 35 seconds East along said east line a
distance of 288.00 feet to a "rail road spike" at the point distant
372.00 feet north of the southeast corner of said northwest quarter
section; thence South 88 degrees 45 minutes 10 seconds West,
parallel with said south line, a distance of 182.00 feet to a "rebar
thence South 00 degrees 09 minutes 35 seconds East, parallel with
said east line, a distance of 123.00 feet to a "rebar" distant 249.00
feet north of the south line of said northwest quarter section; thence
South 88 degrees 45 minutes 10 seconds West, parallel with said
south line, a distance of 2.00 feet to a "rebar thence South 00
degrees 09 minutes 35 seconds East, parallel with said east line, a
distance of 249.00 feet to the Beginning Point.
in the
Together with:
Part of the Northwest Quarter of Section 35, Township 18 North,
Range 3 East in Hamilton County, Indiana being more particularly
described as follows:
Commencing at a Railroad Spike marking the Southeast Corner of
the said Northwest Quarter Section; thence South 88 degrees 45
minutes 10 seconds West (Assumed Bearing) along the South Line
of the said Northwest Quarter Section a distance of 586.60 feet to
an existing 5/8 inch rebar with yellow cap stamped "S" and the
East Limited Access right -of -way line for U.S. 31 per D.O.T.
plans, project STF- 222(9), sheets 16 and 17, dated 1973; thence
North 00 degrees 04 minutes 52 seconds West along said East
Limited access right -of -way line a distance of 619.76 feet to the
BEGINNING POINT (said BEGINNING POINT being a 5/8 inch
rebar with yellow cap marked "Firm 0001" (hereinafter referred
to as "rebar at the intersection of said East limited access right
of -way line with the Easterly 50 feet right -of -way line for Old U.S.
31 per D.O.T. plans, Project 222, sheets 13 thru 15, dated 1931 and
a point on a curve having a radius of 1859.86 feet, the radius point
of which bears South 67 degrees 51 minutes 20 seconds East):
thence Northeasterly along said Easterly 50 feet right -of -way line
and along said curve an arc distance of 44.08 feet to a "rebar"
distant 660 feet north of the south line of the said Northwest
Quarter Section (said point bears North 66 degrees 29 minutes 52
seconds West from said radius point); thence South 88 degrees 45
minutes 10 seconds West parallel with the South Line of the said
Northwest Quarter Section, a distance of 17.16 feet to the said East
Limited access right -of -way line for U.S. 31; thence South 00
degrees 04 minutes 52 seconds East along the said East Limited
access right -of -way line a distance of 40.25 feet to the
BEGINNING POINT.
Also:
Part of the Northwest Quarter of Section 35, Township 18 North,
Range 3 East in Hamilton County, Indiana, being more particularly
described as follows:
Beginning at a point on the East line of the said Northwest Quarter
Section North 00 degrees 09 minutes 35 seconds West (assumed
bearing) 249.00 feet from the Southeast corner of the said
Northwest Quarter Section; thence North 00 degrees 09 minutes 35
seconds West along the said East line 123.00 feet; thence South 88
degrees 45 minutes 10 seconds West parallel with the South line of
the said Quarter Section, 182.00 feet thence South 00 degrees 09
minutes 35 seconds East, parallel with the said East line 123.00
feet; thence North 88 degrees 45 minutes 10 seconds East 182.00
feet to the Beginning Point.
Together with:
Part of the Northwest Quarter of Section 35, Township 18 North,
Range 3 East in Hamilton County, Indiana, being more particularly
described as follows: Beginning at a point on the East line of the
said Northwest Quarter Section North 00 degrees 09 minutes 35
seconds West (assumed bearing) 149.00 feet from the Southeast
corner of the said Northwest Quarter Section; thence North 00
degrees 09 minutes 35 seconds West along the said East line
100.00 feet; thence South 88 degrees 45 minutes 10 seconds West
-2-
parallel with the South line of the said Quarter Section 184.00 feet;
thence South 00 degrees 09 minutes 35 seconds East parallel with
the said East line 98.00 feet; thence North 89 degrees 22 minutes
32 seconds East 183.97 feet to the Beginning Point.
Together with:
Part of the Northwest Quarter of Section 35, Township 18 North,
Range 3 East in Hamilton County, Indiana, being more particularly
described as follows:
Beginning at the Southwest Corner of the said Northwest Quarter
Section; thence South 88 degrees 45 minutes 10 seconds West
along the South line of the said Quarter Section 184.00 feet; thence
North 00 degrees 09 minutes 35 seconds West, parallel with the
East line of the said Quarter Section 151.00 feet; thence North 89
degrees 22 minutes 32 seconds East 183.97 feet to the East line of
the said Quarter Section; thence South 00 degrees 09 minutes 35
seconds East along the said East line 149.00 feet to the Beginning
Point.
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 2, Township 17 North, Range 3
East, Hamilton County, Indiana, being that part of the lands described in
Deed Instrument #9402018 and Deed Instrument #9402019, 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 -3W of the City of Cannel of Project 97 -04
attached hereto and incorporated herein as Attachment 1, described as
follows:
Beginning at a point on the south line of said quarter section South 89
degrees 57 minutes 26 seconds West 61.01 feet from the southeast corner
of said quarter section; thence South 89 degrees 57 minutes 26 seconds
West 10.00 feet along said south line; thence North 1 degree 05 minutes
56 seconds East 1.07 feet to the point designated as point "128" on said
Right of Way Parcel Plat; thence North 1 degree 02 minutes 41 seconds
East 658.93 feet to the north line of the owner's land; thence North 89
degrees 57 minutes 26 seconds East 10.00 feet along said north line;
thence South 1 degree 02 minutes 41 seconds West 659.13 feet to the
point designated as point "127" on said Right of Way Parcel Plat; thence
South 1 degree 05 minutes 56 seconds West 0.87 feet to the point of
beginning and containing 0.152 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.
-3-
2. 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, shall
replace such dead Plantings with Plantings of the same (or similar) species, and to the extent
practicable, the same size.
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 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.
4. Obligations of Grantor. Except for any driveway described in Section 3 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.
5. 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 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. 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
By:
Printed:
Title: Y/
GRANTEE
By:
Printed: Stephen Engelking
Title: Director of Administration
STATE OF rex.r_s
COUNTY OF ftf
SS:
Before me, a Notary Public in and for said County and State, personally appeared
s1 4 /lal'GI /C, the I/1G �Tr >1��/7� of Grantor and who, having been
duly s orn, acknowledged the truth and accuracy of the representations made herein and the
execution of the foregoing Agreement.
Witness my hand and Notarial Seal this ,:,22 day of 041a- 2001.
My Commission Expires: 0
x.'. LINDA NESSY
4". MY COMMISSION EXPIRES
T!" JANUARY 29, 2002
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
My Commission Expires:
Resident of
Resident of
CX
otary Public
y
/A 7 -c
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 day of 2001.
Printed
Karol 4. Glaeir
Printed
County
County
Notary Public
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.
03773rah.doc(mkj)
(116 -3W)