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Carmel Drive - Robert JOhnson/David LaycockCross Reference to Prior Deed of Record: Warranty Deed recorded as Instrument No.: 84 -4003, in Book 342, Page 89 in the Hamilton County, Indiana Recorder's Office 20040()! 150566 Filed for Record in HAMILTON COUNTY, JENNIFER J HAYDEN 07 -20 -2004 At 12:49 pm. EASEMENTS 27.00 DRAINAGE EASEMENT AGREEMENT This Easement Agreement (this "Agreement is made and entered into this 22 day of OCThGEe 2003 by and between ROBERT J. JOHNSON and DAVID E. LAYCOCK "Grantors 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 A attached hereto and incorporated herein. B. Grantee, in connection with Grantee's improvement and widening of West Carmel Drive and Grantee's construction of certain storm water drainage improvements related to such widening (the "Project requires a permanent easement over a portion of the Grantors Parcel which permanent easement area (herein referred to as the "Permanent Easement Parcel is more particularly described as follows: See 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 grants of easements and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Grant of Permanent Access. Drainage and Maintenance Easement. Grantors hereby grant and convey to Grantee an exclusive, perpetual easement over, under, through and across the Permanent Easement Parcel for the purpose of: (a) Storm water drainage. (b) Access, ingress and egress for the initial installation, future maintenance, repair and replacement of (i) other improvements related to the Project and (ii) future improvements conducive to the drainage of storm water. (c) Removal, without liability to Grantee (except as otherwise provided below), of any "Improvements" (hereinafter defined) located within the Permanent Easement Parcel, whether now existing or hereafter placed or constructed; provided, however, Grantee shall be solely responsible for the cost and expense of removing any Improvements existing as of the date hereof and identified on Exhibit C attached hereto and incorporated herein by this the date hereof and identified on Exhibit C attached hereto and incorporated herein by this reference, and Grantors shall reimburse Grantee (within thirty (30) days following written demand therefor) the cost and expense of removing any Improvements placed or constructed thereon at any time after the date hereof unless such Improvements are either constructed by Grantee pursuant to (b) above, or approved by Grantee in advance in writing which approval may be withheld in Grantee's sole discretion. The term "Improvements" in the immediately preceding sentence hereof shall include, without limitation, fences, buildings, structures, asphalt or concrete paving, curbing or other similar improvements, trees, bushes, earthen or other mounds, levees or berms, and other structures. 2. Obligations of Grantee. Subject to the terms described in Section 1, Grantee shall restore the Permanent Easement Parcel, to the extent practicable, to the condition as existed prior to the commencement of the Project. 3. Rights Retained by Grantors. Grantors shall retain unto themselves, and their grantees, heirs, successors and assigns, and others to whom Grantors 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 rights granted to Grantee. 4. Obligations of Grantors. Unless the prior written consent of Grantee is obtained as aforesaid, Grantors shall keep the Permanent Easement Parcel free of any and all Improvements (other than those placed or constructed 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. 5. Easement and Covenants Appurtenant. The easement and other rights granted, created and made herein, together with the benefits 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 Grantor 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 and 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 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. Notices. 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 provisions of this Agreement or pursuant to law or otherwise, shall be in writing. All notices shall be either (a) sent by 2 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 be deemed delivered upon receipt or refusal of delivery. All notices shall be addressed, if to the Grantee, to Grantee at: City of Carmel Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 Attn: President with a copy to: Hall, Render, Killian, Heath Lyman, P.S.C. One American Square, Suite 2000 Indianapolis, Indiana 46282 Phone: 317 -633 -4884 Fax: 317 -633 -4972 Attn: Robert A. Hicks, Esq. or to such other address as Grantee may from time to time designate by written notice to Grantor, or if to Grantors, addressed to Grantors at: David E. Laycock 147 Carmel Drive West Carmel, IN 46032 or to such address as may be designated by the Grantors from time to time. 7. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana. 3 IN WITNESS WHEREOF, Grantors and Grantee have executed this Agreement as of the date first written above. GRANTORS: Robert J. Johnson David E. Laycock c STATE OF INDIANA SS: COUNTY OF Kosciusko Before me, a Notary Public in and for said County and State, personally appeared Robert J. Johson, Grantor(s) and who, having been duly sworn, acknowledged the truth and accuracy of the made herein and the execution of the foregoing Agreement. nesszny hand and Notarial Seal this 12th day of August 2003. M cnnliss }on expires: 07 -13 -06 am,a resiaerit of Kosciusk ccounty. STATE OF INDIANA SS: COUNTY OF HAM lCib N I am a resident of 2 LAN County. 4 GRANTEE By: Printed: Stephen EnaelkinQ Title: Director of Administration C c.C ,t k zt --t;.0 Notary Public Clare A. Baumgardt Printed Name Before me, a Notary-Public in and for said County and State, personally appeared David E. Laycock, Grantor(s) 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 R day of AGC L s 2003. My commission expires: iS Notary Public Printed Name STATE OF 1 N t) 4 k J A SS: COUNTY OF (NS c_; oil Witness my hand and Notarial Seal this 22 day of D My commission expires:— 0 7--OP I am a resident of A( County, Indiana 5 1/‘ 2003. Notary Public Printed Name 0 :l 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. PARTNERSHIP of Hamilton County, in the State of ROBERT 3. JOHNSON and DAVID E. LAYCOCK AND WARRANT to M SEE ATTACHED REAL ESTATE DESCRIPTION. Printed G 4�9 STATE OF COUNTY OF My commiv ion expires INDIANA HAMILTON S S: This instrument was prepared by William B. Olsen, attorney at law t 84 4003 pxrratti ptr4 BOOK 3142. -PAGE THIS INDENTURE WITNESSETH, That CARMEL PROPERTIES, AN INDIANA Indiana 8 9 "Grantor CONVEY of Hamilton County, in the State of Indiana for the sum of One and No /100 Dollars (51.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, in the State of Indiana: H SUBJECT TO THE FOLLOWLNG EXCEPTIONS: 1. Easements, restrictions and rights of way of record. 3 2. Current taxes not delinquent b y !''V) 3. Mortgage for $110,000.00 from Carmel Properties, an Indiana Partnership, to Union State Bank dated March 17, 1980, recorded March 18, 1980 in Mortgage Record 396, page CLt.�JE This tnstrumeni Recorded 3- 1984 Ira. Mary L Clark, Recorder, Hamittun C3inty, o n o c cam dry of WITNESS WHEREOF, Grantor has executed this deed this 2to ,1 84 (SEAL) Signatu3 (SEAL) D Y TERED FOR TAXATION 0 day 19. ,rael, -t w- Auditor d n County Residing in Printed "'11. Zi 1 y4.1. 5mtivoe. P'& $ed ?iefore me, a Notary Public in and for said County and State, personally appeared who acknowledged the execution of the foregoing.Warranty Deed, and who, having been duly sworn,. stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of e J S' 'z:!� Signature l 7: I Printed No rah r eY P-1 t Not :c4 C ll.n County'{ c4S�3Z.ra Re.urn to: f %13i% A' REAL ESTATE DESCRIPTION BOOKikt _PAGE 90 Part of the Southeast Quarter of Section 36, Township 18 North, Range 3 East in Hamilton County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East; thence South 00 degrees 00 minutes 00 seconds (assumed bearing) on and along the East line of said Southeast Quarter 938.15 feet to the South right of way line of Carmel Drive; thence South 90 degrees 00 minutes 00 seconds West on and along said right of way line 771.43 feet to the point of curvature of a curve with a radius of 561.07 feet, the radius point of which bears North 00 degrees 00 minutes 00 seconds from said point of curvature; thence westerly on and along said curve 25.96 feet to a point which bears South 02 degrees 39 minutes 03 seconds West from the radius point of said curve, said point also being the place of beginning of this tract; thence Westerly on and along said curve 98.96 feet to a point which bears South 12 degrees 45 minutes 24 seconds West from the radius point of said curve; thence South 00 degrees 45 minutes 10 seconds West 411.64 feet; thence South 89 degrees 51 minutes 24 seconds East 98.11 feet; thence North 00 degrees 45 minutes 10 seconds East 398.63 feet to the place of beginning.) This Instrum;nt Reccrded71lli2 30 1954 Mary L Ctuk, Recorder, Hamilton County, Ind -1 The undersigned, as the holder of a lien on the Grantor Parcel, hereby consents to the foregoing Agreement and agrees that the lien of that certain Mortgage dated February 17, 1988 and recorded on February 19, 1988 as Instrument No. 88 -3008, and the First Amendment to Mortgage dated November 12, 1998 and recorded on November 24, 1998 as Instrument No. 98- 67374, together with all documents executed in connection with such Mortgage is subject to and subordinate to the Agreement and that any foreclosure or deed -in -lieu under such Mortgage shall not extinguish or invalidate the Agreement or the rights, benefits, duties and burdens of the parties thereto and their respective successors and assigns. STATE OF INDIANA COUNTY OF Haraltc n SS: Mika or a Notary Public in and for said County and State, personally appeared the duly authorized officer of National City Bank of Indiana, who acknowledged execution of the foregoing Consent and Subordination for and on behalf of said [type of entity]. WITNESS my hand and Notarial Seal this 31 ktay of October My commission expires: 7/112010 I am a resident of Haniltan County, Indiana 49077_1 RAH CONSENT AND SUBORDINATION NATIONAL CITY BANK OF INDIAN By: Printed: 4 Notary Public Diare Ott Printed Name This instrument was prepared by and, following recording, should be returned to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN, HEATH LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis, Indiana 46282, (317) 633 -4884. PARCEL #7 PROJECT NO.: 03 -01 ROAD NO. CARMEL DRIVE WEST COUNTY HAMILTON ADDITION: N/A SECTION: 36 TOWNSHIP: 18N RANGE: 3 EAST PROPOSED DRAINAGE EASEMENT 0.007 AC.± N 00'45'10" E 10.22' Cl A 02'39'07" D 1012'43" R 561.07' T 12.99' L 25.96' CL= 25.97' CB N 87'20'53 "W C2 A 06'52'55" D 1012'43" R 561.07' T 33.74' L 67.39' CL= 67.35' C8 N 83'54'26 "W C3 A 03'00'37" D 10'01'59" R 571.07' T 15.01' L 30.00' CL= 30.00' CB N 78'57'39 "W C4 A 0313'25" D 1012'43" R 561.07' T 15.79' L 31.57' CL= 31.56' CB S 78'51'15 "E OWNER ROBERT J. JOHNSON DAVID E. LAYCOCK BOOK 342, PAGE 89 DATE: 3 -30 -84 C4 C3 EXHIBIT Er HATCHED AREA IS THE APPROXIMATE TAKING This plat was prepared from information obtained from the Recorder's office and from plans prepared by CrossRocd Engineers. P.C. doted Apra. 2003 for the City of Ccrmel (Project No 03 -01) and wes not necessarily checked by o field survey. P.O.B. 98,11' C2 S 09'32'02" W 10.00' ROBERT J. JOHNSON DAVID E. LAYCOCK D.R. 342, P. 89 DRAWN BY SF 05 -30 -03 CHECKED BY TEN 05 -30 -03 SCALE 1" 40' SCALE: 1 40' CARMEL DRIVE C1 r3 S 90'00'00" W 771.43' SOUTH R/W CARMEL DR. NE COR SE 1/4 SEC. 36 T18N, R3E PREPARED BY: W 0 0 0 0 Transportation Development Consultants 3417 5. SHERMAN 08. BEECH GROVE, 04 46107 (317)780 -1555 Project No.: 03 -01 Parcel No.: 7 PART OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of the Southeast Quarter of Section 36, Township 18 North, Range 3 East; 'Thence South 00 degrees 00 minutes 00 seconds East (assumed bearing), along the East line of 40 1 1 Southeast Quarter, a distance of 938.15 feet to the South right of way line of Carmel Drive; Thence South 90 degrees 00 minutes 00 seconds West on and along said South right of way line, a distance of 77:1.43,feet to the point of curvature of a curve with a radius of 561.07 feet, the radius point of which bears North 00 degrees 00 minutes 00 seconds East from said point of curvature; Thence Westerly, along said South right -of -way and along said curve a distance of 25.96 feet to a point which bears South 02 degrees 39 minutes 07 seconds West from the radius point of said curve, said point being the Northeast corner of a parcel conveyed to Robert J. Johnson and David E. Laycock as described in Deed Record 342, Page 89 of the records on file in the Office of the Hamilton County Recorder; Thence continuing Westerly, along said right -of -way line and along said curve a distance of 67.39 feet to a point which bears South 09 degrees 32 minutes 02 seconds West from its radius point, said point being the PLACE OF BEGINNING; Thence South 09 degrees 32 minutes 02 seconds West a distance of 10.00 feet to a point on a curve with a radius of 571.07 feet, the radius point which bears North 09 degrees 32 minutes 02 seconds East; Thence Westerly, along said curve a distance of 30.00 feet to a "point which bears South 12 degrees 32 minutes 39 seconds West from the radius point of said curve, said point also being on the West. Line of the aforesaid parcel; Thence North 00 degrees 45 minutes 10 seconds East, along the West Line of said parcel, a distance of 10.22 feet to a point on the aforesaid South right-of-way line of Carmel Drive, said point being on a curve with a radius of 561.07 feet, the radius point which bears North 12 degrees 45 minutes 27 seconds East from said point of curvature; Thence Easterly, along said right-of-way line and'along said curve, a distance of 31.57 feet to the POINT OF BEGINNING; CONTAINING 0.007 ACRES MORE OR LESS. I, TRENT E. NEWPORT a Registered Land Surveyor in the'State of Indiana, do hereby certify that this legal description was prepared by me on June 13, 2003, from the current decd record of the property described and from road plans prepared by CrossRoad Engineers, P.C. for the City of Carmel Project No. 03.01. 1 further certify that to the best of my belief and knowledge this description is in accordance with Title 865, Article 1, Rule 12 attic Indiana Administrative Code. TRENT E. NEWPORT INDIANA LAND SURVEYOR NO. LS 29600021 Exhibit "13" /i ez- 'C' Pao. Ls 2c:,, 5