1964 Burning Tree Ln - Crooked Stick Golf Course1646963_4.
AlPP:101':D AS TO FO2FA Sy
WATER LINE EASEMENT AGREEMENT
This Water Line Easement Agreement (the "Agreement is made and entered into this day
of 2010, by and between Crooked Stick Golf Club, Inc., an Indiana not for profit
(`Grantor) and the City of Carmel, Indiana ("Grantee
RECITALS:
A. Grantor is the owners of certain real property located in Hamilton County, Indiana
"Grantor's Property more particularly described in Exhibit 1 attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement/construction of the Clay Center Road
Water Main Installation South of 131 Street (the "Project requires a permanent, exclusive easement
over, through, under, upon and across that portion of Grantor's Property more particularly described and
depicted on Exhibit A and Exhibit B attached hereto and incorporated herein, (the "Easement Property")
to provide for the laying, installing, constructing, maintaining, operating, inspecting, altering, repairing,
replacing and removing water utility lines, and all associated valves, pumps, fittings, meters, accessories
and equipment on, over, and across the Easement Property.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated
herein by reference and the mutual covenants and agreements hereinafter set forth and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Grant of Easement. Grantor 'hereby grants and conveys to Grantee an exclusive, perpetual
easement for the purpose of laying, installing, constructing, maintaining, operating, inspecting, altering,
reparing, replacing and removing water utility lines, and all associated valves, pumps, fittings, meters,
accessories and equipment (the ":Improvements on, over, through, under, upon and across the Easement
Property. Grantee shall have the right to: (a) remove from the Easement Property, without liability for
replacement or repair, any fences. structures, asphalt or concrete paving, curbing or other improvements,
trees. bushes, earth berming, landscaping and other structures 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 Easement
Property as Grantee deems may be necessary or useful in the exercise of Grantee's rights hereunder. If the
Improvements are installed in good faith in a location other than the location that is described and
depicted in Exhibit A and Exhibit B then, and in that event, the Easement Property defined herein shall be
revised to include that strip of land that is centered on the line or equipment as installed. and in such an
event, Grantor and Grantee, shall join in the execution and acceptance of an appropriate substitute
easement instrument if either Grantor or Grantee shall deliver to the other a written request for such a
substitute easement instrument. Grantee shall also have the right of ingress and egress over, under, upon
and across the Grantor's Property for purposes of access to the Easement Property. The easement also
1
2010048280 AGREEMENT $40.00
09/28/2010 02:57:20P 14 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presented
II i ill it Ii I II I II II II
II
Prior Deed References: Book 310 Page 722 in
the Recorder's Office for Hamilton County.
Indiana
includes the rights and privileges to temporarily use from time to time, additional space on the Grantor's
Property, where available and necessary, for equipment and materials necessary for the installation, repair
and maintenance of the improvements located in, under, upon, over, and/or across the Easement Property_
to do all acts and things requisite and necessary for the full enjoyment of the easement hereby granted, and
for nearby property owners, their grantees, successors, agents, or employees, to connect the premises of
such nearby property owners by service pipes to the lmprovements installed by Grantee within the
Easement Property, provided such nearby property owners, their grantees, successors, agents, or
employees restore the portion of the Grantor's Property disturbed by their work to a condition that is as
near the condition that existed just prior to the time the portion was distrubed by them as is practicable.
2. Obligations of Grantee. Subject to the terms described in Section 1 limiting the Grantee's
obligation for repair and replacement, and the location of the Improvements on the Easement Property,
Grantee shall restore the Easement Property, to the extent practicable, to the condition as existed prior to
the commencement of the Project. The Grantee shall maintain, repair, replace and service the
improvements.
3. Rights Retained by Grantor. Grantor shall retain unto itself the right to use the Easement
Property for any and all purposes and uses not inconsistent with the foregoing easement. Notwithstanding
the foregoing, Grantor shall not erect or maintain any permanent structures, obstructions, or other
improvements under and/or upon the surface of or over the Easement Property or perform any act which
would impair or interfere with Grantee's use and enjoyment of the Easement Property or the easement
herein granted. The immediately preceding sentence prohibits (among the other prohibitions effected by
it) the erecting or maintaining in the Easement Property of any earthen mound or series or system of
earthen mounds.
4. Obligations of Grantor. Grantor shall keep the Easement Property free of any fence,
structure, asphalt, gravel, plants, concrete or other improvements (other than those installed by Grantee).
Grantor shall mow and care for the grass located within the Easement Property. Grantor shall not block,
impede or interfere with the Improvements or Grantee's access to or use of the Easement Property.
5. Easement and Covenants Appurtenant. The easement granted, created and made herein,
together with the benefits thereof, shall run with the Grantor's Property and the Easement Property, inure
to the benefit of Grantee and its grantees, successors and assigns and shall bind Grantor and its 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. Environmental Matters. Grantor covenants and represents that to the best of its knowledge,
neither the Grantor's Property nor the Easement Property is not presently the subject of, nor is there the
threat of any federal, state or states, or local environmentally related lien, proceeding, claim, liability or
action. Grantor agrees that between Grantor and Grantee, the acceptance of this Agreement by Grantee
shall not increase the liability of Grantee for environmentally related claims arising from or related to (i)
conditions on the Grantors Property or the Easement Property prior to the acceptance of this
1646963_21.
Agreement; (ii) acts of Grantor or any other third party; or (iii) conditions on the Grantor's Property or the
Easement Property not created by Grantee.
7. Jurisdiction. Grantor and Grantee agree that any litigation associated with or arising from
this indenture shall be filed with a court of competent jurisdiction within the State of Indiana.
g. Other Obligations. Grantor agrees that this Agreement shall not transfer to Grantee any
past, present, or future obligation(s) of Grantor to be responsible for, or to pay, any tax, assessment, or fee
associated with or related to the Grantor's Property or Easement Property.
9. Waiver. Waiver by either party of any one default hereunder will not be deemed to be a
waiver of any other default under this Agreement. Any remedy or election under this Agreement will not
be deemed exclusive, but instead, whenever legally permissible, will be cumulative with all other
remedies at law or in equity.
10. Amendment. Grantor and Grantee agree that this Agreement shall only be modified or
released by the express, written consent of both Grantor and Grantee. Said consent, when duly recorded,
shall run with the Grantor's Property and the Easement Property.
11. Entire Agreement. This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and all prior agreements, communications and negotiations between the parties,
either verbal or written, are hereby merged into this Agreement. This Agreement may be terminated,
modified, or amended only by a writing signed by the parties, and no agreement or consent of any other
persons shall be necessary for such termination, modification, or amendment.
12. Governing Law. This Agreement will be governed by and construed in accordance with the
laws of the State of Indiana.
13. Notice. Any and all notices, demands, requests, submissions, approvals, consents, or other
communications or documents required to be given, delivered or served or which may be given, delivered
or served under or by the terms and provisons of this Agreement or pursuant to law or otherwise, shall be
in writing. All notices shall be either (a) sent by overnight delivery using a nationally recognized
overnight courier, in which case notice shall be deemed delivered one business day after deposit with such
courier, (b) sent by certified or regular U.S. mail, postage prepaid, in which case notice shall be deemed
delivered two business days after, deposit in such mails, or (c) sent by personal delivery, in which case
notice shall he deemed delivered upon receipt or refusal of delivery. All notices -shall be addressed to the
respective parties as follows:
1646963_l
IT to Grantee:
City of Carmel
One Civic Square
Carmel, Indiana 46032
Attn: Carmel City Attorney
3
1646963_4
With a Copy to:
If to Grantor:
Any such notice will be effective three days after the notice has been deposited in the United States mail, as
provided above, or if earlier upon receipt.
14. Severability. If any term, covenant, condition or provision of this Agreement or the
application thereof to any person or circumstance, shall at any time or to any extent be held invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each such term, covenant, condition and provision of this Agreement shall continue to be
valid, binding and enforceable to the fullest extent permitted by law.
15. Authority. The person executing this instrument on behalf of Grantor hereby represents that
he /she has the authority to bind Grantor to the terms and conditions set forth herein and that all necessary
action therefore has been taken. Grantor further represents and warrants to Grantee that Grantor is the fee
simple owner of the Easement Property; that Grantor has the right to grant this easement; that Grantor
guarantees the quiet possession of the Easement Property to the Grantee; that the Easement Property is
free of any liens or encumbrances, except the lien of current taxes and any other lien or encumbrance that,
as of the date of execution hereof, appears of public record; and that, subject to the foregoing, Grantor will
warrant and defend Grantee's title to the easement granted hereby against all claims thereon.
16. Attorneys'_ Fees. In the event of any action or proceeding brought by either party against
the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses,
including reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed this Water Line Easement Agreement
as of the day and year first above written.
Printed
Title
City of Carmel
One Civic Square
Carmel_ Indiana 46032
Attn: Director of Utilities
@X° 6. i -k. Caa(P Glti.�
tg1, 4 P)urvLt Tte. Lrl.
4/64.1 l ty `k.b 3z
4
GRANTEE:
TT -IE CITY OF CARMEL
By and through its Board of Public Works and Safety
4 -t
James Brainard, Presiding Officer
Date:
ATTEST:
Mary Ann Burke, Member
5
Jana L. Cordray, I at
C, Clerk- Treasurer
/r
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Personally appeared before me this day James Brainard, Mary Ann Burke, and Lori Watson, who having
been duly sworn/affirmed, state(s) that they are members of the City of Carmel's Board of Public Works
and Safety and have executed the foregoing Water Line Easement Agreement on behalf of such entity.
WITNESS my hand and notarial seal, this 8th day of /9 2010.
My Commission Expires: Signed Name:
My County of Residence: Printed Name:
1646%3 4.
4,4 tkipte,
STATE OF I Kdla,rlik.
COUNTY OF
Before me, a Notary Public in and for the State of Indiana, personally appeared
124 i) e 1AS j, ke by me known and by me known to be the (r0 of the
Grantor, who acknowledged the execution of the foregoing Water Line Easement Agreement for and on
behalf of said Grantor.
Witness my hand and Notarial seal this 22 day of 2010.
My Commission Expires:
07. 15.2bt1
My C O. r of Residence:
16-16963_4.
SS:
ottUe. �►ea-
[Printed]
This instrument was prepared by and after recording return to: Douglas C. Haney, City of Carmel, One
Civic Square, Carmel, FN 46032.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law. Douglas C. Haney
Grantor's Property
Per: of Section 4, Township 17 North, Range 3 East in Hamilton County, Indiana more
particularly described as follows:
Colemencing at the Southeast corner of the Southwest Quarter of Section 4, Township
17 North, Range 3 East; thence North 00 degrees 34 minutes 45 seconds East (North
00 degrees 32 minutes 03 seconds Eest)perSpringf ur.'Estatec, SectionO on-and
along the East line of said Southwest Quarter 40.0 feet to the place of beginning' of this
tract;
1) thence North '66 degrees 18 minutes 53 seconds Wryest (North 66 degrees 20 minutes
40 seconds West deed) 285.30 feet;
la) thence North 00 degrees 41 minutes 03 seconds East 211.82 feet;
lb) thence North 89 degrees 18 minutes 57 seconds West 400.00 feet;
lc) thence South 00 degrees 41 minutes 03 seconds West 58.42 feet;
2) thence South 88 degrees 06 minutes 17 seconds West (South 88 degrees 04 minutes
3:0"seconds West deed) 266.43 feet;
3) thence South 76 degrees 49 minutes 38 seconds West (South 76 degrees 52 minutes
15 seconds West deed) 103.86 (104.25 deed) feet;
3a) thence South 00 degrees 01 minute 47 seconds West 31.60 to the Northeast
corner of a tract conveyed to D&L Cassel by deed recorded in Book 275, page 394
in the Office of the Recorder of Hamilton County, Indiana;
4) thence along the North. line of said tract South 82 degrees 45 minutes 24 seconds
West 36 4.94 feet to the .Northwest corner of std tract;
4a) thence 'North 00. degrees 01 minute 47 seconds East 16.03 feet;
4h) thence North 84 degree's 13 minutes 57 seconds West 1.08.00 Sees;
4c) thence North 61 degrees 48 minutes 57 seconds :`Test 78.00 feet;
4(1) thence North 32 degrees 16 minutes 57 seconds Wesi: 62.00 feet;
4e) thence North 69 degrees 06 minutes 02 seconds "West 53.35 feet to the. Southeast
cornerof Lot 1E of the recorded piat.of Crooked Sticks. Estates- Section One;
4E) (the ne xt_seven courses tie upon. and along the east line of the recorded plat of
Crooked Stick Estates- Section.One)
5) thence North 31 degrees 03 minutes 58 seconds West. (North 31 degrees 05 minutes
45 seconds West deed) 25.0.99 feet;
6) thence North '00 degrees 2'7 minutes 43 seconds West (North 00 degrees 29 minutes
30 seconds West deed) 96.69 feet;
7) thence North 58 degrees 04 minutes 52 seconds East (North 68 degrees 03 minutes
05 seconds F.alst 444.24 Feet
8) thence North 63 degrees 53 Minutes 52 seconds East (North'63 degrees 54 minutes
05 seconds East deed) 478.91 feet;
9) thence North 81 degrees 52 minutes 07 seconds East (North 81 degrees 50 minutes
20 seconds East deed) 150.00 Feet;
10) thence North 00 degrees 01 minute 47 seconds East (North 00 degrees 00 minutes
00 seconds deed) 150.00 feet;
11) thence North 3i degrees 02 m nulec 27 seconds East (North 31 degrees 00 minute
40 seconds East deed) 161.08 Feet to a point on the iNTarth lin of the South Half
of the Southwest Quarter of said Section 4;
11:) (the next two courses lie upon and along the south and east line of Executive Estates
per plat recorded in Plat Book 3 pages 3 and 9)
12) thence North 39 degrees 57 minutes 35 seconds East (North 89 degrees 5.5 minutes
43 seconds East plat) on and along the North tine of said South Half 50.41 feet
to a found stone with a cross, said stone being at the Southeast corner of Executive
Estates, 'a subdivision in Hamilton County, Indiana., as per plat thereof, recorded
in Piet Book 3, pages 8 and 9 in the Office of the Recorder of Hamilton County, Indian;
Houri2an116th Water Line Easement_DOC
EXHIBIT 1
13a)
10)
1S)
16)
17)
18)
19)
20)
7.1)
21.a)
21b)
21z)
21d)
21e)
211)
21g)
22)
23)
34)
25)
26)
27)
26)
29)
30
31)
32)
31
33a)
34)
25)
36)
4 0)
'1)
4)
13) thence North 00 degrees 31 minutes 43 setionds East (North 00 degrees 29 minutes
seconds East 2,lat) on and along the East line of said Executive .Es,ta:es
400.526 feet to a point which is 732 ..52 feet South 00 degrees 31 minutes 43 seconds
West of the South line of the Northwest Quarter of said Section 4 (said point is
the. South corner of Lot 52 in the recorded plat cf Crooked Stick. Estates Section
Three)
(the next twelve courses lie upon and along the Easterly lines of the recorded
plat of Crooked Stick Estates Section Three)
thence North 44 degrees 52 minutes 11 seconds East (North 44 der..rees 49 minutes
50 seconds East deed) 384, 31. 48 -decd) feet;
thence North 00 degrees 34 minutes 45 seconds East (North 00 degrees 32 minutes
03 seconds East deed) 460.01 feet to a point on the North tine of said Soutirwaest
Quarter which is 400.00 feet West of a stone at the center of said Section 4;
thence Borth 26 degrees E5 minutes 13 seconds Jest (North 26 degrees 52 minutes
50 seconds west deed) 458,96 (455.92 deer..) feet;
thence North 25 flegrees 22 minutes 26 seconds West (North 25 degrees 23 minutes
10 seconds West deed)' 234.94 feet;
thence North 13 degrees 08 minutes 24 seconds East 96 -.98 feet;
thence North 04 degrees 33 minutes 53 seconds East 80.75 feet;
thence North 08 degrees 20 minutes 38 seconds West 73.00 feet;
thence 'forth 07 degrees 47 minutes 08 seconds East 47,62 feet;
thence North 20 degrees 41 :minutes 03 seconds East 40,00 feet;
thence North 42 degrees 41 minutes 03 seconds East 30.00 feet;
thence North 82 degrees 41 minutes 03 seconds East 54.'00 feet;
thence South 78 degrees 18 minutes 57 seconds East 46..00 feet;
Thence North 13 degrees 59 minutes 20 seconds East 169.35 feet to a point on the
;south line of Lot 27 in Crooked atiuk Estates Section Two
(the next twenty two courses Lie upon and along the Easterly line of the recorded
plat of Crooked Stick Estates Section Tiro)
thence South 61 degrees 34 minutes 14 seconds East 5 +54.88 feet;
ehencs South 75 degrees 25 minute's 11 .seconds East (South degrees 26 minutes
55 seconds East deed) 222.43 feet;
thence South 63 degrees 56 minute's 26 seconds East (South 83 degrees 57 minutes
10 seconds East deed) 221.10 feet;
thence Northi 71 degrees 47 minutes 34 seconds East (North 71 degrees 40 minutes
50 seconds East deed) 81.05 feet;
thence North 06 degrees 16 minutes 11 seconds West (North 06 degrees 16 minutes
55 seconds West deed) 72.18 feet;
thence North 16 degrees 05 minutes 11 seconds West (North 16 degrees 05 minutes
55 seconds West deed) 224.52 feet
thence North 19 degrees 15 minutes 26 seconds West (North 19 degrees 16 minutes
10 seconds West deed) /37,20 feet;
thence North 27 degrees 39 tninut:r,■s 36 secor.ds West (North 27 degrees 40 minutes
20 seconds West deed) 168.73 feet;
thence North 00 degrees 16 minutes 24 seconds East (North 00 degrees 15 minutes
40 seconds East deed) 74.47 feet;
thence North 23 degrees 46 minutes 06
thence North 63 degrees 21 minutes 52
thence North 74 degrees 48 minutes 45
thence North 70 degrees 02 minutes 48
thence North 87 degrees 47 minutes 26
thence North 38 degrees 21 minutes 31
15 seconds v:'est deed) 146.65 fent;
thence 1:uri.h 72 decrees 26 minutes 36
seconds East 44.37 feet;
seconds West 222.30 feet;
seconds West 147, 19 eet'
seconds West 131.0D feet;
seconds West 121.95 feet;
seconds j-Vest (North 86 degrees 22 minutes
seconds west (North 72 degrees 27 minutes
23 seconds dead) 140.69 :aet;
thence. North: 24 d4.grees 36 minutes 01 secena `';Feet (North 24 degrees 36 rrinutes
45 seconde tib'est decd) 89.51 fee-;t;
thence fiort0 07 degrees 03 n -s 44 seconds East (North 07 decrees 02 minutes
00 seconds East deed) 318.59 feet;
thence South 1 5 3 degrees 42 ntnutes 01 second Est (South 26 degrees 42 rlinuins
45 sc:c nr3s East deed) 600,01 feet
ther:ce South 20 dec:ree.s 4) nunutes 40 seconds Esst 254,61 feet;
tech. e South 85 degrees 21 iniautas 58 ,,ecuads East 195.55 feet;
thence North 00 degrees 31 minutes 05 e<: conds East 84.00 feet to the South hest
cone .-.r e tract conveyed by i.n r ,r nro. 3533, Book 230; page 253;