Guilford - Wilson Village-Concannon, David/AngelaCross Reference to Prior Deed of Record: Warranty Deed, Instrument No. 2006075337, in the
Hamilton County, Indiana Recorder's Office
EASEMENT AGREEMENT
4v4 's Easement Agreement (the "Agreement is made and entered into this a day of
2011 by and between David M. Concannon and Angela E. Concannon,
husband and wife, rantors and the City of Carmel, Indiana "Grantee
RECITALS
A. Grantors own certain real property (the "Grantors' Parcel located in Hamilton County,
Indiana, more particularly described as follows:
See Exhibit 1 attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's public improvement project entitled Guilford Road
Improvements City Center Road to Main Street (the "Project requires a permanent drainage
easement over a portion of the Grantors' Parcel which permanent drainage easement area (herein
referred to as the "Permanent Easement Parcel is more particularly described as follows:
See Exhibit A and Exhibit B attached hereto and incorporated herein.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grant of easement and the mutual promises and
covenants set forth herein, the parties hereto agree as follows:
1. Grant of Permanent Easement. Grantors hereby grant and convey to Grantee an
exclusive, perpetual easement over, under, through, across and upon the Permanent Easement
Parcel for the purpose of drainage over, under, across, upon and through the Permanent
Easement Parcel, for and pursuant to which easement Grantee shall have the right to: (a)
remove, without liability for replacement or repair, any fences, structures, asphalt or concrete
paving, curbing or other improvements, trees, bushes, earth berming, and all other structures or
impediments 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 Project improvements as Grantee deems
may be necessary or useful.
2. Obligations of Grantee. Subject to the terms described in Paragraph 1 hereof, and
the Project improvements on the Permanent Easement Parcel, Grantee shall restore the
Permanent Easement Parcel, to the extent practicable, to the condition as existed prior to the
commencement of the Project. Grantee shall install, maintain, repair, replace and service the
Project improvements.
3. Rights Retained by Grantors. Grantors shall retain unto themselves, and their
grantees, heirs, successors and assigns, and all others to whom Grantors may grant rights or
2011013419 EASEMENTS $25.00
03/10/2011 12:44:34P 7 PGS
Mary L. Clark
832363_1 HAMILTON County Recorder IN
Recorded as Presented
MENUMMINTNI
1
easements, the right to use the Permanent Easement Parcel for any and all purposes and uses not
inconsistent with the foregoing easement and /or Grantee's rights and privileges thereunder.
4. Obligations of Grantors. Grantors shall keep the Permanent Easement Parcel free
of any and all fences, structures, asphalt, gravel, plants, concrete and /or other improvements or
impediments other than those installed by Grantee. Grantors shall mow and care for the grass
located within the Permanent Easement Parcel and shall keep the Permanent Easement Parcel
free from debris, silt, weeds, refuse and any other obstructions. Grantors shall maintain, repair,
replace and service all roadside ditches or swales and all driveway, walkway or similar culverts
located within the Permanent Easement Parcel. Grantors shall not block, impede or interfere
with the Project improvements or Grantee's access thereto.
5. Easement and Covenants Appurtenant. The easement granted, created and made
herein, together with the benefits and privileges thereof, shall run with the Grantors' Parcel and
inure to the benefit of Grantee and its grantees, successors and assigns. The easement granted,
created and made herein, together with the burdens thereof, shall run with and bind the Grantors'
Parcel, and shall bind Grantors and their grantees, successors and assigns. All covenants and
agreements of the Grantors and Grantee hereunder, together with the benefits and burdens
thereof, shall be deemed to be real covenants which touch an d concern the Permanent Easement
Parcel and the Grantors' Parcel, as applicable, shall run with the Permanent Easement Parcel and
the Grantors' Parcel, and shall inure to the benefit of and be binding upon Grantors 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 further 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 reasonable attorneys' fees).
6. Environmental Matters. The Grantors covenant and represent that to the best of
their knowledge, information and belief, the Grantors' Parcel is not presently the subject of, nor
under the threat of, any federal, state or local environmentally related lien, proceeding, claim,
liability or action. The Grantors agree that, as between the Grantors and the Grantee, the
acceptance of this Agreement by the Grantee shall not increase the liability of the Grantee for
environmentally related claims arising from or related to conditions on the Grantors' Parcel prior
to the acceptance of this Agreement.
7. Jurisdiction. The Grantors and the Grantee agree that any litigation associated
with or arising from this Agreement shall be filed with a court of competent jurisdiction within
the State of Indiana.
8. Other Obligations. The Grantors agree that this Agreement shall not transfer to
the Grantee any past, present or future obligation(s) of the Grantors to be responsible for, or to
pay, any tax, assessment, or fee whatsoever that is associated with or related to the Grantors'
Parcel.
832363_1
2
9. Amendment. The Grantors and the Grantee agree that this Agreement shall only
be modified or released by the express, written consent of both the Grantors and the Grantee.
Said consent, when duly recorded, shall run with the real estate.
10. Complete Understanding. The Grantors and the Grantee agree that this
Agreement, and the documents incorporated herein, represent the entire understanding between
the Grantors and the Grantee as regards the subject matter hereof.
11. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana, except for its conflict of laws provisions.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
G TO )S
g
David 7 Concannon
Angela E. Concannon
832363_1
3
Printed t24/A/4
Title: PO 1
STATE OF INDIANA
SS:
COUNTY OF 1-4=-)m i cRy--
1j
Before me, a Notary Public in and for said County and State, personally appea ed'David
M. Concannon, the 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 1Z day of
My commission expires: /b
I am a resident of MA I County, Indiana
STATE OF INDIANA
SS:
COUNTY OF }-1414 LIMO
My commission expires: -7
I am a resident of Kam( County, Indiana
832363_1
4
Printed Name
Printed Name
a&I vl
Notary Public
2
10.
Notary Public
C�J�
�c/Gc 1 J✓ T C--
This instrument was prepared by Douglas C. Haney, Carmel City Attorney, City Hall, One Civic
Square, Carmel, Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number in this document, unless it is required by law. Douglas C. Haney
Before me, a Notary Public in and for said County and State, personally appeared Angel"a'E.
Concannon, the Grantor, and who, having been duly sworn, acknowledged the truth and
accuracy of the representations made herein and the execution of the foregoing greement.
1
Witness my hand and Notarial Seal this day of ,7llnl
832363_1
EXHIBIT 1
Lot Number 141 in Wilson Village, Tenth Section, an addition in Hamilton County, Indiana, as
per plat thereof, recorded in Plat Book 3, page 140, in the Office of the Recorder of Hamilton
County, Indiana.
5
EXHIBIT "A"
Project: Guilford Road (City Center Main Street)
Project No.: 06 -17
Parcel: 8
A PART OF LOT 141 IN WILSON'S VILLAGE, TENTH SECTION, RECORDED IN
THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA, MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING at the Northwest corner of said Lot 141; thence South 89 degrees 48
minutes East, along the North line of said Lot 141, a distance of 10.00 feet; thence South
00 degrees 12 minutes West, parallel with the West line of said Lot 141, a distance of
37.00 feet; thence North 89 degrees 48 minutes West, parallel with the North line of said
Lot 141, a distance of 10.00 feet to the West line of said Lot 141; thence North 00
degrees 12 minutes East, along the West line of said Lot 141, a distance of 37.00 feet
to the PLACE OF BEGINNING.
CONTAINING 0.008 ACRES (370.000 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 by me on July 28, 2010, from the original deed
records of the property described. I further certify that to the best of my belief and
knowledge this description is in accordance with Title 865, Article 1, Rule 12 of the
Indiana Administrative Code.
5 T ERFn U���t
STATE OF
\ND I AN ;b
N S
29600021
Perpetual Drainage Easement
TRENT E. NEWPORT
INDIANA LAND SURVEYOR
NO. LS 29600021
2.2 4,
Sheet 1 of 1
PARCEL: 8 E1 DRAWN BY CJL 7 -28 -10
PROJECT Guilford Road (City Center —Main St.)
COUNTY: HAMILTON CHECKED BY TEN 7 -28 -10
SECTION: 25 OWNER: DAVID M. ANGELA E. CONCANNON SCALE 1" 40'
TOWNSHIP: 18 NORTH RECORD DOCUMENT: INSTRUMENT #2006075337
RANGE: 3 EAST
E. N
t ,1STE R F
No. LS
29600021
STATE OF
9r �ND
IA
S
PLACE OF BEGINNING-,
0
10.00'
S89'48'E
l
10.00'
N89'48'W
To the best of my knowledge and belief, this plat was prepared from
information obtained from the Office of the Recorder of Hamilton County,
and from plans prepared by Donohue Associates for the City of Carmel
(Pr a. 06 -17).
r" A
Trent E. Newport Date
Reg. Land Surveyor No. 29600021
State of Indiana
125'
NILSON'S VILLAGE TENTH SECTION
LOT 141
125'
HATCHED AREA IS THE
APPROXIMATE TAKING
7 -21 -10
0
rn
NORTH
20' 0 20'
SCAT. 1'= 40'
PREPARED BY:
CROSSROAD
f RI11'lI 1 Its_ I'(
40'
'lr'anaportation
Development Conanitante
3171 WW1 IEEDI COL M *Ng 77