Cherry Creek Estates - East Carmel LLCAS 70
FO 51 Y
?m g- UEFA:, 2 0 6 T og 33 ci
EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, East Carmel, LLC an
Indiana limited liability company, as the fee owner of certain real estate, (hereinafter collectively
referred to as "Grantor for and in consideration of One Dollar ($1.00) and other good and
valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged
and confessed, does hereby GRANT, BARGAIN,SELL, AND CONVEY UNTO the City of
Carmel, Indiana, an Indiana municipal corporation, its successors and permitted assigns
(hereinafter referred to as "GRANTEE a non exclusive and perpetual easement upon, over,
under and across the real estate located in Hamilton County, Indiana, and described in the
Forcemain Easement Exhibit attached hereto and hereby made a part hereof, for the purpose of
laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and
removing sanitary sewer forcemain lines and equipment appurtenant thereto. Such forcemain and
appurtenant equipment shall be placed underground only, except for such appurtenant equipment
that is customarily located at or above ground level in connection with a sanitary sewer
forcemain, such as air release valves.
Grantee shall have the right of ingress and egress over, under, upon and across any land,
driveways and roadways located on the surface of the lands owned by Grantor, its successors and
assigns, upon and within the boundaries of the easement area, for purposes of access to the
easement area. Said easement also includes the rights and privileges to temporarily use, from
time to time, a reasonable area of additional space, where available and necessary, that is
adjacent to the easement area for equipment and materials necessary for the installation, repair
and maintenance of Grantee's facilities located in, under, upon, over and/or across the easement
area, to do all acts and things reasonably requisite and necessary for the full enjoyment of the
2008043639 EASEMENTS $33.00
08/26/2008 03:00:44P it PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
easement hereby granted. Grantee also shall have the right from time to time to remove all trees,
undergrowth, structures and/or other obstructions above, within, under, or immediately
surrounding the easement area which may injure, endanger or interfere with Grantee's use and
enjoyment of this easement, all of which work shall be done at Grantee's sole cost and expense,
except as otherwise set forth herein. Notwithstanding the foregoing, Grantor hereby reserves all
rights with respect to the easement area not inconsistent with the rights granted to Grantee
herein. Grantor's rights also include, without limitation, the right to install, construct and
maintain fences, landscaping and driveways in and over the easement area. Grantor's rights also
include, without limitation, the right to grant easements in and to the easement area to providers
of other utility services, provided, that the presence of such other utility lines, pipes and
equipment shall not interfere with Grantee's forcemain or appurtenant equipment or Grantee's
rights hereunder in any material fashion. Grantor shall notify Grantee in writing of any other
utility service lines, piping or equipment proposed to be installed in the easement area.
Subject to the rights reserved by Grantor in the preceding paragraph, Grantor, its
successors or assigns, shall not erect or maintain any permanent structures, obstructions, or other
improvements under and/or upon the surface of or over the easement area or perform any act
which would materially impair or interfere with Grantee's use and enjoyment of the easement
herein granted. The immediately preceding sentence prohibits (among the other prohibitions
effected by it) the erecting or maintaining in the easement area of any earthen mound or series or
system of earthen mounds.
If the surface of the easement area and/or any nearby property of the Grantor, including,
without limitation, any fencing, landscaping or driveway installed by Grantor, is disturbed by
Grantee at any time, and/or from time to time by the installation, repair, maintenance, removal,
replacement or other work in connection with utility lines or equipment, Grantee, at its sole cost
and expense, shall repair and restore such permitted improvements and the surface of the
easement area and /or other property of the Grantor to substantially the same condition which
existed immediately prior to any such disturbance, except to the extent that Grantee was
exercising its right to remove items which are materially interfering with or would materially
interfere with the rights granted herein. Any work performed or caused to be performed upon,
under and/or over or within the easement area at any time and from time to time shall be done at
such a time and in such a manner as will cause a minimum of interference with the business
being conducted by Grantor (or its successors and assigns) upon its land surrounding and
adjoining the easement area, but nothing herein contained shall prevent or prohibit Grantee from
performing any of its work during normal and customary daylight business hours.
Grantee may not assign, grant or convey the right to use the easement area to any other
person or entity or for any utility service other than Grantee's forcemain service without
Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole and
absolute discretion.
Grantee agrees to defend, indemnify and hold Grantor harmless from and against any and
all claims, liabilities, damages, liens, judgments, suits, costs, expenses and fees, including,
without limitation, reasonable attorneys' fees, suffered or incurred by Grantor, arising out of or
in connection with (i) any breach on the part of Grantee hereunder, (ii) any entry onto or work
performed at or on the easement area and/or any adjoining property owned by Grantor, by
Grantee, its employees, contractors or agents, (iii) any personal injury or property damage arising
out of or in connection with any entry onto the easement area or any adjoining area by Grantee,
its employees, contractors or agents, and (iv) any mechanic's lien or any other lien placed or
imposed on the easement area or Grantor's adjoining property by any person or entity claiming
by or through Grantee, its employees, contractors or agents.
Grantee shall be solely responsible for obtaining any and all permits and approvals
required in connection with the installation and maintenance of the forcemain and
appurtenant equipment, and shall comply with all applicable laws, statutes, codes, ordinances,
rules and regulations.
All notices required to be given under this Easement Agreement shall be in writing and
will be deemed given three (3) business days after posting in the United States mail, postage
prepaid, by registered or certified mail, return receipt requested, or one (1) business day after
depositing with a nationally recognized overnight courier, or upon actual receipt or delivery if
delivered by hand, to Grantor or Grantee at the following addresses or to such other address as
either party may hereafter designate in writing for such purpose:
TO GRANTOR: TO GRANTEE:
East Carmel LLC, an Indiana limited City of Carmel, Indiana, a municipal
liability company corporation
9757 Westpoint Drive, Suite 600 One Civic Square
Indianapolis, IN 46256 Carmel, IN 46032
Attn: Steven R. Edwards Attn: John Duffy, Utility Director
TO HAVE AND TO HOLD unto Grantee, its successors and permitted assigns, so long
as the rights and easements herein granted shall be used by Grantee upon the terms and
conditions specified herein, with ingress to and egress from the easement area, for the purposes
of constructing, installing, repairing, maintaining, replacing and removing the facilities of
Grantee herein described, but subject to all liens, encumbrances, restrictions and prior easements
of record.
It is agreed that this grant covers all the agreements between the parties regarding the
subject matter hereof, and that no representations or statements, verbal or written, have been
made modifying, adding to or changing the terms of this agreement.
The Grantor represents and certifies that it is the fee simple owner of the easement area
and real estate surrounding the easement area; that so long as Grantee fully performs all of its
obligations hereunder Grantor covenants the quiet possession of the easement area to the
Grantee from and against all persons or entities claiming by or through Grantor, but subject to
the terms herein; that the easement area is free of any liens or encumbrances, except the lien of
current taxes and any other liens or encumbrances or other matters that, as of the date of
execution hereof, appear of public record; and that, subject to the foregoing, Grantor will warrant
and defend Grantee's rights to the easement granted hereby against all claims thereon by persons
or entities claiming by or through Grantor.
P.O.B.
TEMP. EASE.
N00'03'49 "E EXISTING
5.51' CHERRY CREEK ESTATES;
NO0'03'49 E h SECTION 8B
25.35' iNSTR. NO.' 2008- 34032;
4„ •SLIDE B1
P.O.B.
FM EASE.
N52'01'34'E\
189.41'
NOW OR FORMERLY
EAST CARMEL, LLC
INSTR. NO. 2007 -43398
A= 38'05'06"
R= 412.01'
L= 273.86'
T= 142.21'
A= 38'05'09
R=406.01'
L= 269.88'
T= 140.14'
CENTERLINE
12' TEMPORARY
CONSTRUCTION
EASEMENT
6'
MATCH UNE
FORCEMAIN EASEMENT EXHIBIT
PREPARED FOR: PLATINUM PROPERTIES, LLC
X38'04'56"
R= 432.01'
L= 287.14'
T= 149.10'
120 FORCEMAIN
I EASEMENT
MATCH UNE
N90•00'00"E
1103.05'
6
CENTERLINE
12' TEMPORARY
CONSTRUCTION
EASEMENT
S45'00'00 "W
28.28'
l' I
Dennis O. Olmstead
Registered Lond Surveyor
No. 900012
/I i
FORCEMAIN
EASEMENT
1 I N45 "00'00 "E
11.72'
N 45'00'00 "E
33.25'
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR
ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY, OR A SURVEYOR LOCATION REPORT.
S:155115S1 \dwg \FM CONSTRUCTION EASE 3.dwg, EASEMENT PAGE 1, 2/29/2008 3:47:42 PM, (brown, 1:1
GRAPHIC SCALE
so 100
IN FEET
1 inch 100 ft.
ol. 1
i N o. '.vo
900012
STATE OF
NOW OR FORMERLY
EAST CARMEL, LLC
INSTR. NO. 2007-43398
N00'00'00 "W 229.72' 11.72'
S009,.2
N00'00 00 "W 229.72'
N 45'00'00 "E
6.75'
CENTERLINE
12' TEMPORARY
CONSTRUCTION
EASEMENT
N 45'00' 00 "E
28.28'
S45'00'00 "W
200
I
MATCH LINE I I I 8
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 Eosl 106th Street, Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: TLB
CHECKED BY:
SCALE: 1" 100'
DATE• 09/18/2007
REV. DATE: 02/2.9/2008
JOB NO. 5511551
PAGE
OF 3 SHEETS
MATCH LINE
CENTERLINE
12' TEMPORARY
CONSTRUCTION
EASEMENT
6'
6'
N90'00'00 "E
1464.95'
IB
MATCH LINE C
20' FORCEMAIN
EASEMENT
FORCEMAIN EASEMENT EXHIBIT
PREPARED FOR: PLATINUM PROPERTIES, LLC
MATCH LINE
CENTERLINE
12' TEMPORARY
CONSTRUCTION
EASEMENT
o
7
r N90'00'00 "E
1464.95'
NO0'00'00
12.00' 1
S45'00' 00" W
15.36'
Dennis D. Olmstead
Registered Land Surveyor
No. 900012
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR
ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY, OR A SURVEYOR LOCATION REPORT.
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 East 106th Street, Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: TLB
CHECKED BY:
SCALE: 1" 100'
DATE: 09/18/2007
REV. DATE: 02/29/2008
JOB NO. 5511551
PAGE
OF 3 SHEETS
S:15511551 \dwg \FM CONSTRUCTION EASE 3.dwg, EASEMENT PAGE 2, 2/29/2008 3:46:53 PM. thrown, 1:1
r c a
C
0
0
Ias
1 .41j/
V
6'
1 ,20' FORCEMAIN
EASEMENT
N00'00'00 "W
26.22' A=34'02'54"
R= 39.00'
L =23.18'
T= 11.94'
S00'00'00 "E
24.34'
GRAPHIC SCALE
50 100
200
IN FEET
1 inch 100 ft.
NOW OR FORMERLY
EAST CARMEL, LLC
INSTR. NO. 2007 -43398
FORCEMAIN EASEMENT EXHIBIT
PREPARED FOR: PLATINUM PROPERTIES, LLC
Forcemain Easement Description:
Part of the East Half of the Northeast Quarter of Section 22 and part of Section 23, Township 18 North, Range 4
East of the 2nd Principal Meridian, Clay Township, Hamilton County, Indiana described more particularly as
follows:
Commencing at the Southeast corner of the Secondary Plat of Cherry Creek Estates, Section 6B as recorded in
Instrument No. 2006 -34032 in Plat Cabinet 4, Slide 81 in the Office of the Recorder of Hamilton County,
Indiana; thence North 00 degrees 03 minutes 49 seconds West along the East line of said Cherry Creek Estates,
Section 6B a distance of 5.51 feet to the POINT OF BEGINNING of this description; thence continuing North
00 degrees 03 minutes 49 seconds West along said East line 25.35 feet; thence North 52 degrees 01 minutes 34
seconds East 169.15 feet to a point on a curve concave southerly, the radius point of said curve being South 37
degrees 58 minutes 25 seconds East 432.01 feet from said point; thence easterly along said curve 287.14 feet to
the point of tangency of said curve, said point being North 00 degrees 06 minutes 31 seconds East 432.01 feet
from the radius point of said curve; thence North 90 degrees 00 minutes 00 seconds East 1,092.26 feet; thence
North 45 degrees 00 minutes 00 seconds East 11.72 feet; thence North 00 degrees 00 minutes 00 seconds East
229.72 feet; thence North 45 degrees 00 minutes 00 seconds East 28.28 feet; thence North 90 degrees 00 minutes
00 seconds East 1,466.57 feet; thence North 00 degrees 00 minutes 00 seconds West 26.22 feet to a point on a
curve concave northerly, the radius point of said curve being North 45 degrees 53 minutes 07 seconds East 39.00
feet from said point; thence easterly along said curve 23.18 feet to the point of tangency of said curve, said point
being South 11 degrees 50 minutes 13 seconds West 39.00 feet from the radius of said curve; thence South 00
degrees 00 minutes 00 seconds East 24.34 feet; thence South 45 degrees 00 minutes 00 seconds West 15.36 feet;
thence South 90 degrees 00 minutes 00 seconds West 1,467.43 feet; thence South 45 degrees 00 minutes 00
seconds West 11.72 feet; thence South 00 degrees 00 minutes 00 seconds East 229.72 feet; thence South 45
degrees 00 minutes 00 seconds West 28.28 feet; thence South 90 degrees 00 minutes 00 seconds West 1,100.56
feet to a point on a curve concave southerly, the radius point of said curve being South 00 degrees 06 minutes 40
seconds West 412.01 feet from said point; thence westerly along said curve 273.86 feet to the point of tangency
of said curve, said point being North 37 degrees 58 minutes 26 seconds West 412.01 feet from the radius point
of said curve; thence South 52 degrees 01 minutes 34 seconds West 184.72 feet to the place of beginning,
containing 1.525 acres, more or less.
Together with:
Temporary Construction Easement:
Six (6) feet either side of the following described centerline being part of the East Half of the Northeast Quarter
and Southeast Quarter of Section 22 and part of Section 23, Township 18 North, Range 4 East of the 2nd
Principal Meridian, Clay Township, Hamilton County, Indiana described more particularly as follows:
Commencing at the Southeast corner of the Secondary Plat of Cherry Creek Estates, Section 6B as recorded in
Instrument No. 2006 -34032 in Plat Cabinet 4, Slide 81 in the Office of the Recorder of Hamilton County,
Indiana; thence South 00 degrees 03 minutes 49 seconds East 2.11 feet to the POINT OF BEGINNING of this
description; thence North 52 degrees 01 minutes 34 seconds East 189.41 feet to a point on a curve concave
southerly, the radius point of said curve being South 37 degrees 58 minutes 25 seconds East 406.01 feet from
said point; thence easterly along said curve 269.88 feet to the point of tangency of said curve, said point being
North 00 degrees 06 minutes 31 seconds East 406.01 feet from the radius point of said curve; thence North 90
degrees 00 minutes 00 seconds East 1103.05 feet; thence North 45 degrees 00 minuets 00 seconds East 33.25
feet; thence North 00 degrees 00 minutes 00 seconds West 229.72 feet; thence North 45 degrees 00 minutes 00
seconds East 6.75 feet; thence North 90 degrees 00 minutes 00 seconds East 1464.95 feet to the terminus of said
centerline, containing 0.908 acres more or less.
S: \55115S I \Legal \Exhibit \FM Ease 3 Desc.rtf
September 18, 2007, tlb
Revised: February 29, 2008, tlb
Dennis D. Olmsteod
Registered Land Surveyor
No. 900012
NOTE:
THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR
ORIGINAL BOUNDARY SURVEY, A ROUTE SURVEY, OR A SURVEYOR LOCATION REPORT.
STOEPPELWERTH ASSOCIATES, INC.
CONSULTING ENGINEERS LAND SURVEYORS
7965 East 106th Street, Fishers, IN 46038
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: TLB
CHECKED BY:
SCALE: 1" 100'
DATE: 09/18/2007
REV. DATE: 02/29/2008
JOB NO. 55115S1
PAGE
OF 3 SHEETS
S: 55115S1 \dwg1FM CONSTRUCTION EASE 3.dwg, EASEMENT DESC, 2/29/2008 3:59:51 PM, tbrown, 1:1
lllll 111111111/,,,,,
No.
900012
STATE OF
y 7NDIAtdP:
The person or persons executing this instrument on behalf of Grantors hereby represent
that they have the authority to bind Grantor, jointly and individually, to the terms and conditions
set forth herein.
IN TESTIMONY WHEREOF, Grantor herein has executed this Easement Agreement
this 0" day of i`CUG'JS1 2008.
East Carmel LLC, an Indiana limited CITY OF CARMEL, INDIANA
liability company, by Platinum Properties, LLC BY ITS BOARD OF PUBLIC
it's sole member WORKS AND SAFETY
q aA04or i7)
A7
Steven R. Edwards
Vice President Chief Financial Officer
Date: 0
Date:
Date:
C Lo
vZ
Jam Brainard, Presiding Officer
W2 o
Mary A Burke, Member
Lori Watso., ember
Date: :C/ Q
ATTEST:
Tana L. Cordray, IA ;r Clerk- Treasurer
STATE OF
COUNTY OF
My Commission Expires:
l a4 0 iA4 A-
I
/Z(L
Before me, a Notary Public in and for said County and State, personally appeared Steven R.
Edwards, by me known to be the Vice President Chief Financial Officer of Platinum
Properties, LLC the sole member of East Carmel LLC, an Indiana limited liability company, who
acknowledged his/her execution of the foregoing instrument on behalf of such corporation.
Witness my hand and Notarial Seal this
ya. SAL
'•�OF1N
TIMOTHY J. WALTER
Hamilton County
My Commission Expires
November 11, 2015
SS:
Sandra M. Jo so
Deputy Clerk for
day of H
NOTAR PUBLI
2008.
Printed Name
My County of Residence:
Date:
STATE OF INDIANA
COUNTY OF
trail fin
SS:
Before me, a Notary Public in and for said County and State, personally appeared James
Brainard, Mary Ann Burke, and Lori Watson, by me known to be the Members of the City of
m dchnsan aepcuhi t r
Carmel Board of Public Works and Safety, and Diana L. Cordray, 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 20 of S T
My Commission Expires:
/7
NOTARY PUBLIC
ann Ox■A 5
1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every
Social Security number from this document, unless it is required by law. Douglas C. Haney
Instrument prepared by: Douglas C. Haney, Carmel City Attorney, One Civic Square, Carmel, Indiana 46032.
2008.
Printed Name
My County of Residence: 4014 1
Date: ZD 1 b e