Guilford - Naraine, Aubrey t
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t oss Reference to Prior Deed of Record: Warranty Deed, Instrument Number 9435942, in the
Office of the Recorder of Hamilton County, Indiana vm
TEMPORARY EASEMENT AGREEMENT 6. c.
This Temporary Easement Agreement (this "Agreement is made and entered into this
�1 day of .i 4 El. ---1, 2011 by and between Aubrey S. Naraine and Janie D.
Naraine. Husband and Wife, "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 1 attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's public improvement project entitled Guilford Road
Improvements City Center Drive to Main Street (the "Project requires a temporary easement
for the duration of the Project for purposes of constructing that portion of the Project located
upon and /or adjacent to the Grantors' Parcel. Such temporary easement area (herein referred to
as the "Temporary Easement Parcel is more particularly described as follows:
See Exhibit A which is 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. Temporary Rights Acquired by Grantee. During the term of the Project, Grantors
hereby grant and convey to Grantee the exclusive right to utilize the Temporary Easement Parcel
for all purposes related to the construction of the Project, including, but not limited to, the storing
of equipment and the staging of the construction of the Project. Upon the earlier of the date of
final completion of the Project or three (3) years from the date hereof, such temporary easement
shall terminate and Grantee shall return the Temporary Easement Parcel to Grantors in
substantially the same condition as existed prior to the commencement of the Project, except as
reasonably modified by the Project.
2. 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
easements, the right to use the Temporary Easement Parcel for any and all purposes and uses not
inconsistent with the foregoing easement acquisition by Grantee, including without limitation the
right to install, use, maintain, repair and replace existing driveways and curbing not removed by
Grantee as part of the Project, as well as the right of access over and across the Temporary
Easement Parcel to and from public streets adjacent to the Temporary Easement Parcel via
Grantors' existing driveway.
2011036306 EASEMENTS $22.00
08/01/2011 09:39:00A 6 PGS
Mary L. Clark
832365v1 HAMILTON County Recorder IN
1 Recorded as Presented
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiillllllllllllllllllllllllllllM
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3. Easement and Covenants Appurtenant. The easement granted, created and made
herein, together with all 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 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 and concern the Grantors' Parcel and the Temporary
Easement Parcel, as applicable, shall run with the Grantors' Parcel and the Temporary Easement
Parcel, and shall inure to the benefit of and be binding upon Grantors and Grantee, as applicable,
and their respective grantees, successors and assigns.
4. 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, Grantors and Grantee have executed this Agreement as of the
date first written above.
GRAN'
T• GRANTEE
By: 1
ubrey S. Naraine
Printe
Title:
Janie D. Naraine
STATE OF r
Lis SS:
C°\ COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared Aubrey
S. Naraine, 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 day of Ta1n -0 a \i'■.1 2011.
My commission expires: I 1-Z3 1 2. 0 �j 42/..Au
Not* Public
I am a resident of CO\ 1 t L County
Printed Name
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832365v1 4 3Z11H3S '1 S3WVT "1440
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STATE OF r I E7T- A
SS:
COUNTY OF I
Before me, a Notary Public in and for said County and State, personally appeared Janie
D. Naraine, 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 c;. 1 day of T -'i V 2011.
My commission expires: 1. 2
Not ry Public
I am a resident of County
JAMtSrtlfl 1d1Jllt me
Notary Public State of Florida
My Comm. Expires Nov 23, 2013
STATE OF INDIANA IA Ag- Commission DD 931648
SS:
/O°� Bonded Through National Notary Assn. 0
ar
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared
Ja s 'a.inor Lard cc150 -theA a4 na &Ada -ef the 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.
Witness my hand and Notarial Seal this I L day of 140 -r'ci1 2011.
My commission expires: 1- `//60 1
Notary Public
I am a resident of if\ i I tot 1 County
C ann 1�ev
Printed Name
This instrument was prepared by: ou lases Haney, Carmel City Attorney, 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
5an8co- J nsbfl
832365v1 CaXr(ke'k' 4032—
Exhibit 1
Part of the East Half of the Southwest Quarter of Section 25, Township 18 North, Range 3 F.zst
hi Clay Township, Hamilton County, Indiana, more particularly described as follow=
Begiiasing at the in atsedian of the North line of the East Half of the Southwest Quarter of
Section 25, Township 18 North, Range 3 East and the West line of Wilson Terrace, a
subdivision in Hamilton County, Indiana, the plat of which Is recorded in Plat Book 10, pages
126 and 127, in the OM= of the Recorder of Hamilton County, Iid1ann;thence South 88
degrees 51 minutes 03 seconds West (assumed bearing) on the North line of said Half Quarter
Section, 140.00 feet to the Northwest corner thereof, then= South 00 degrees 05 minutes 47
seconds East on the West line of said Half Quarter, 206.00 feet to the North right of-way line
of Wilson Terrace Court ns bested by the plat of said Wilson Terrace Subdivision; thence
North 39 degrees 54,,tnntes 13 seconds East on said north right-of-way Ike, 134.74 feet to the
point of:curvature of a cave having a radius length of 80.00 feet which bears North 00 degrees
05 minutes 47 seconds West; thence Northeasterly ;on said North tight -of way line and nave
5.24 feet to a West line of sold Wilson Terrace; thence p orth Qo degrees 05 minutes 47 seconds
West on said West line, 208.40 feet to the Beginn'sng
832365v1
4
EXHIBIT "A"
Project: Guilford Road (City Center Main Street) Sheet 1 of 1
Project No.: 06 -17
Parcel: 6A Temporary Right of Way for Driveway Construction
A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER, SECTION
TWENTY -FIVE (25), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (3)
EAST, HAMILTON COUNTY, INDIANA, MORE FULLY DESCRIBED AS
FOLLOWS:
Commencing at the Northwest corner of the East Half of said Southwest Quarter; thence
South 00 degrees 06 minutes 57 seconds West along the West line of said East Half a
distance of 206.00 feet; thence South 89 degrees 53 minutes 03 seconds East a distance of
40.00 feet to the PLACE OF BEGINNING; thence North 00 degrees 06 minutes 57
seconds East a distance of 40.00 feet; thence South 89 degrees 53 minutes 03 seconds
East a distance of 15.00 feet; thence South 00 degrees 06 minutes 57 seconds West a
distance of 40.00 feet; thence North 89 degrees 53 minutes 03 seconds West a distance of
15.00 feet to the PLACE OF BEGINNING.
CONTAINING 0.014 ACRES (600.000 SQ. FT.) MORE OR LESS.
1, TRENT E. NEWPORT, a Registered Land Surveyor in the State of Indiana, do hereby
certify that this description was prepared by me on July 21, 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.
r� E NFW r TRENT E. NEWPORT
I' c S7 R F0 o
INDIANA LAND SURVEYOR
f NO. LS 29600021
1 N o. 29600021 1 l STA I A0.F I 177'(
Approved and Adopted this i t, day of 20 1/
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
L ies Brainard, Presiding Officer
Date: 2 C
)7)/ ice✓'✓ �L��^w
Mary A Burke, Mem��
Date:
Lori S. Watson; M
Date: 311011
ATTEST: Sandra M. Johnso1
//j a. AP Deputy Clerk for
Diana Cordray, IMCA, Clerk- 'reasurer
Date: