P62 Easement Agreement/First BaptistProject: 07 -08
Cross Reference to Prior Deed of Record: Warranty Deed, Book 188 Page 151 in the
Hamilton County, Indiana Recorder's Office
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement is made and entered into this 14 day of
December 2010, by and between The Trustees of The First Baptist Church of Carmel, Indiana,
Inc. "Grantor and the City of Carmel, Indiana (``Grantee
RECITALS
2011004520 EASEMENTS $26.00
01/14/2011 11:09:48A 7 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
IIIIIIIIIIIIII( HIIIIIIll!IIIII IIIIIIIIIIIIIII 11111! 1111111
Road: Keystone Parkway 126 Street
Parcel: 62A
A. Grantor owns certain real property (the "Grantor 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 /construction of Keystone Parkway
and E. 131 Street (the "Project requires a permanent drainage easement over a portion of the
Grantor Parcel which permanent drainage easement area (herein referred to as the Permanent
Easement Parcel is more particularly described as follows:
832363_1
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 Easement. Grantor hereby grants and conveys 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.
1
Dta6Pr FROM
SALES DISCLOSURES
11
3. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees,
heirs, successors and assigns, and all others to whom Grantor 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 easement and /or Grantee's rights and privileges thereunder.
4. Obligations of Grantor. Grantor 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. Grantor 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. Grantor shall maintain, repair,
replace and service all roadside ditches or swales and all driveway, walkway or similar culverts
located within the Permanent Easement Parcel. Grantor 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 Grantor 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 Grantor and its grantees, successors and assigns. All covenants and
agreements of the Grantor 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 Grantor Parcel, as applicable, shall run with the Permanent Easement Parcel and the
Grantor Parcel, and shall inure to the benefit of and be binding upon Grantor 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 Grantor covenants and represents that to the best of
its knowledge, information and belief, the Grantor 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 Grantor agrees that, as between the Grantor 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 Grantor Parcel prior
to the acceptance of this Agreement.
7. Jurisdiction. The Grantor and the Grantor 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.
832363_1
2
8. Other Obligations. The Grantor agrees that this Agreement shall not transfer to
the Grantee any past, present or future obligation(s) of the Grantor to be responsible for, or to
pay, any tax, assessment, or fee whatsoever that is associated with or related to the Grantor
Parcel.
9. Amendment. The Grantor and the Grantee agree that this Agreement shall only
be modified or released by the express, written consent of both the Grantor and the Grantee.
Said consent, when duly recorded, shall run with the real estate.
10. Complete Understanding. The Grantor and the Grantee agree that this
Agreement, and the documents incorporated herein, represent the entire understanding between
the Grantor 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.
The undersigned person(s) executing this deed represent(s) and certify(certifies) on
behalf of the Grantor, that he /she is a duly elected officer (they are duly elected officers) of the
Grantor and has(have) been fully empowered by proper resolution, or the by -laws of the Grantor,
to execute and deliver this deed; that the Grantor is a corporation in good standing in the State of
its origin and, where required, in the State where the subject real estate is situate; that the Grantor
has full corporate capacity to convey the real estate described; and that all necessary corporate
action for the making of this conveyance has been duly taken.
GRANTOR: The Trustees of The First Baptist Church of Carmel, Indiana, Inc.
By:
Printed
.6sE .1N
GRANTEE
By:
Printed:
Title:
832363_1
By:
UST Printed:
3
STATE OF INDIANA
1 L SS:
COUNTY OF n 1 LTD 1
Before me, a Notary Public in and for said County and State, personally appeared The Trustees of
The First Baptist Church of Carmel, Indiana, Inc., By: JoSt✓ I' i b. r L I1rr, J (t.. S ai I (b,2..
P A-5Tb
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 I 4 417 day of i7EC.�,, 20 10
My commission expires: Da w\�sk 5 40
I am a resident of KW, A- County, Indiana
STATE OF INDIANA
SS:
COUNTY OF
My commission expires:
Notary Public
I am a resident of County, Indiana
832363 1
ELIZABETH A. SULLIVAN
Morgan County
My Commission Expires
December 5, 2016
4
q.44 a_StAL
Notary Public
61,4 ZA i A. SA,L4 ,nth
Printed Name
Before me, a Notary Public in and for said County and State, personally appeared
the of Grantee, 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 20
Printed Name
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
Project: 07 -08
Parcel 62A
Revised 10.19.2009
EXHIBIT "A"
Sheet 1 of l
Drainage, Utility and Wall Maintenance Easement
A part of the Southeast Quarter of Section 30, Township 18 North, Range 4 East in
Hamilton County, Indiana, depicted on the attached Easement Exhibit marked Exhibit "B" and
described as follows: Commencing 632.90 feet South 89 degrees 30 minutes 02 seconds West of the
Southeast corner of the Southeast Quarter of Section 30, Township 18 North, Range 4 East, and on
the South line thereof (the foregoing portion of this description beginning with the words "632.90
feet" is quoted from Deed Book 188, Page 151 in the Office of the Recorder of Hamilton County):
thence North 89 degrees 51 minutes 05 seconds West 539.50 feet along the south line of said
section to the southwest comer of that parcel described in said Deed Book 188, Page 151; thence
North 0 degrees 18 minutes 45 seconds East 443.21 feet along the west line of said parcel to the
northwest corner thereof; thence South 89 degrees 21 minutes 07 seconds East 41.17 feet along the
north line of said parcel to the east boundary Keystone Avenue (also known as) S.R.431; thence
South 1 degree 05 minutes 10 seconds East 109.05 feet along the east boundary of said Keystone
Avenue; thence South 4 degrees 08 minutes 50 seconds West 134.47 feet along said boundary;
thence South 19 degrees 57 minutes 10 seconds East 42.58 feet; thence South 57 degrees 02
minutes 51 seconds East 184.03 feet to point of beginning, designated as point "387" on said
Exhibit `B thence South 89 degrees 51 minutes 05 seconds East 130.00 feet to point "940"
designated on said Exhibit `B thence South 84 degrees 16 minutes 57 seconds East 206.10 feet to
the east line of said grantor's land designated as point "385" on said Exhibit `B thence North 88
degrees 56 minutes 08 seconds West 125.14 feet to point "386" designated on said Exhibit "B
thence North 84 degrees 57 minutes 08 seconds West 210.17 feet to the point of beginning and
containing 0.051 acres, more or less.
All bearings in this description which are not quoted from previous instruments are based on the
bearing system for City of Carmel Project 07 -08.
This description was prepared for the City of Carmel, Indiana by Tracy L. McGill, Indiana
Registered Land Surveyor, License Number LS20500009, on the 26 day of June, 2008.
0 „,,,I nmurr�ni�
��G�STER ..e t
No.
=20500009:
STATE OF 'q„\
41 Li 5 °11 o.
Parcel 6
30
31
30
31
555 +00
w
550+ 00
EXHIBIT "B"
EASEMENT EXHIBIT
Prepared For The City of Carmel
by: AMERICAN
EXI T
STRUCTUREPOINT
INC.
542.08'
STATE OF INDIANA
DEED BOOK 170, PAGE 542
Residue "A"
Drainage, Utility and Wall
Maintenance Easement
0 Line "S-7-E' 539.50'
126th Street
0
0
0
U)
L
M
R/W
632.90'
SHEET 1 OF 2
0
ti
0
0
rn
Ln
100'
SCALE: 1" =200'
0 2
3
31
29
32
200'
ilia.
HATCHED AREA IS THE APPROXIMATE EASEMENT AREA
OWNER:
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
The Trustees of The First Baptist Church of Carmel, Indiana, Inc.
62A
07 -08
Keystone Parkway
Hamilton
30
18 NORTH
4 EAST
DRAWN BY: TLM
CHECKED BY: TLM
DEED BOOK 188, Pg. 151, DATED MAY 25, 1964
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY)
Point
North
East
Station
Offset
385
26174.2076
14628.7045
+PL(56 +05.13)
40' Lt.
S -7 -E
386
26176.5324
14503.5826
54 +80
42' Lt.
S -7 -E
387
26195.0773
14293.6301
54 +00
60' Lt.
S -7 -E
388
26295.1786
14139.2077
550 +20
115' Rt.
E
389
26335.2034
14124.6772
550 +60
RW(100.40') Rt.
E
940
26194.7399
14423.6296
540 +00
60' Lt.
S -7 -E
EXHIBIT "B"
EASEMENT EXHIBIT
Prepared For The City of Carmel
by: AMERICAN
POINT REFERENCE CHART (Feet
STRUCTUREPOINT
INC
c.2)
Revised 01.28.2010
Tracy L. McGiII
Reg. Land Surveyor No. LS20500009
State of Indiana
SHEET 2 OF 2
No.
0 500009:
STATE OF
2
1
OWNER:
PARCEL:
PROJECT:
ROAD:
COUNTY:
SECTION:
TOWNSHIP:
RANGE:
The Trustees of The First Baptist Church of Carmel, Indiana, Inc.
62A
07 -08
Keystone Parkway
Hamilton
30
18 NORTH
4 EAST
DRAWN BY: TLM
CHECKED BY: TLM
AMERICAN STRUCTUREPOINT, INC PROJECT NO. IN20030661
THIS PLAT WAS PREPARED FROM PUBLIC DOCUMENTS AND NOT CHECKED BY A FIELD SURVEY.)
Diana Cordray
City of Carmel
Clerk Treasurers Office
On Civic Square
Carmel. IN 46032