146th - East Carmel LLCPa 2001- 043 is
APPROVEP
FORM lftXo two
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
Water Easement Exhibit attached hereto and hereby made a part hereof, for the purpose of
laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and
removing water mains and equipment appurtenant thereto. Such water mains 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 water main, such as fire
hydrants and 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
2008043640 EASEMENTS $28.00
08/26/2008 03:00:44P 9 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 water main 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 water main 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 water main 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:
East Carmel LLC, a limited liability
company
9757 Westpoint Drive, Suite 600
Indianapolis, IN 46256
Attn: Steven R. Edwards
TO GRANTEE:
City of Carmel, Indiana, a municipal
corporation
One Civic Square
Carmel, IN 46032
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.
Curtis C. Huff
Registered Land Surveyor
No. 80040348
A part of the Northwest Quarter of Section 23, Township 18
North, Range 4 East, Clay Township, Hamilton County, Indiana,
more particularly described as follows:
Commencing at the Northeast corner of said Quarter Section;
thence North 89 degrees 03 minutes 27 seconds West along the
North line of said Quarter Section a distance of 299.42 feet;
thence South 00 degrees 00 minutes 00 seconds West 1 12.76 feet
to the southerly right of way line of 146th Street and the POINT
OF BEGINNING of this description; thence South 00 degrees 00
minutes 00 seconds West 268.90 feet; thence South 22 degrees 30
minutes 00 seconds West 32.92 feet; thence South 00 degrees 00
minutes 00 seconds West 27.45 feet; thence South 90 degrees 00
minutes 00 seconds West 135.83 feet; thence North 87 degrees 08
minutes 35 seconds West 62.13 feet; thence North 02 degrees 51
minutes 25 seconds East 20.00 feet; thence South 87 degrees 08
minutes 35 seconds East 61.63 feet; thence North 90 degrees 00
minutes 00 seconds East 115.33 feet; thence North 00 degrees 00
minutes 00 seconds East 11.43 feet; thence North 22 degrees 30
minutes 00 seconds East 32.92 feet; thence North 00 degrees 00
minutes 00 seconds East 266.57 feet to the southerly right of way
line of said 146th Street; thence South 85 degrees 17 minutes 03
seconds East along said right of way line 20.07 feet to the place
of beginning, containing 0.233 acres, more or less, subject to all
legal highways, rights -of -ways, easements, and restrictions of
record. l l l l l l"ll
\S C.
S C c c
No.
:80040348
STATE OF
S: \55115 \Legal \Exhibit\
Water Easement Desc 31308.rtf
March 13, 2008, tlb
DESCRIPTION
NO2'51'25 "E S87'08'35 "E
20.00'
61.63'
WATER EASEMENT EXHIBIT
PLATINUM PROPERTIES, LLC CARMEL WATER
LEGACY 146TH STREET RIVER ROAD
N87'08'35 "W
62.13'
NW. COR., NW. 1/4
SEC. 23, T18N, R4E,
S: \55115 \dwg \20 FOOT WATER EXHIBIT.dwg, WATER EXHIBIT, 3/13/2008 4:04:51 PM, tbrown, 1:1
N. LINE, NW. 1/4, SEC. 23, T18N,
N89'03'27 "W 2682.79'
2,383.37'
146TH STREET
(VARIABLE R /W)
S85'17'03 "E
20.07'
20' WATER
EASEMENT
32.92'
N00'00'00 'E
20' 11.43'
N90'00'00 "E 115.33'
S90'00'00 'W 135.83'
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Z/ O 8
••••..NDIANP N22'30'00 "E I
S U ��0
R4E
N89'03'27 "W
299.42'
NE. COR. NW. 1/4
SEC. 23, T18N, R4E,
P.O.B. SOUTHERLY
RIGHT—OF—WAY LINE
NOW OR FORMERLY
EAST CARMEL, LLC
INSTR. No 2007 -43398
20'
0
S22'30'00 "W
32.92'
S00'00'00 "W
27.45'
GRAPHIC SCALE
25
50
IN FEET
1 j inch 50 ft.
UNRECORDED
DUKE ENERGY
EASEMENT
NOTE:
This drawing is not intended to be represented
as a Retracemcnt 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 -2005
(317) 849 -5935 FAX: (317) 849 -5942
DRAWN BY: TLB
CHECKED BY: BAH
SCALE: 1" 50'
DATE: 03/13/08
JOB NO. 55115PLA
PAGE
OF 1 SHEETS
100
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 �t day of Av r 2008.
East Carmel LLC, an Indiana limited
liability company, by Platinum Properties, LLC
it's sole member
Steven R. Edwards
Vice President Chief Financial Officer
Date: 6?
C i c. Sc�
orNeA
CITY OF CARMEL, INDIANA
BY ITS BOARD OF PUBLIC
WORKS AND SAFETY
n ffic
a es Brainard,
Presiding g er
Date:
Lori Wat n
Date:
rG
ember
0)6-0/0
ATTEST:
ana L. Cordray, IAMC Car reasurer
STATE OF
COUNTY OF
My Commission Expires:
NOTARY'.
z SEAL T?
TIMOTHY J. WALTER
Hamilton County
My Commission Expires
November 11, 2015
SS:
Sandra M. Johnson,
Deputy Clerk for
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
day of J4i4 v)T 2008.
NOT PU:'�i
Printed Name
My County of Residence:
Date:
STATE OF INDIANA
COUNTY OF
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 Membe s of the Ci of
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 2 t� 0 day ofusLcS f 2008.
NOTARY PUBLIC
C• Ann avi
My Commission Expires: Printed Name
P' 9 My County of Residence:
Date: 22f t'� t,
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.