Carmel Drive - 269 West Carmel Dr LLC Cross Reference to Prior Deed of Record: Warranty Deed recorded as Instrument No.: 2003000383 12 in the
Hamilton County, Indiana Recorder's Office
200400050560
Filed for Record in
c3'C Z7:I HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
DRAINAGE EASEMENT AGREEMENT 07_20 -2004 At 12:49 pm.
p EASEMENTS 27. 00
This Easement Agreement (this "Agreement is made and entered into this LZ day of
L'(; ii or,� 2003 by and between 269 WEST CARMEL DR., L.L.C., an Indiana
limited liability company "Grantor and THE CITY OF CARMEL, INDIANA "Grantee
RECITALS
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 and widening of 116` Street
and Grantee's construction of certain storm water drainage improvements related to such
widening and located in the vicinity of the intersection of 116 Street and Carmel Creek (the
"Project requires a permanent easement over a portion of the Grantor 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. Grantor
hereby grants and conveys 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
reference, and Grantor 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, strictures, 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 Grantor. Grantor shall retain unto itself, and its grantees,
heirs, successors and assigns, and others to whom Grantor may grant rights or easements, the right
to use the Perrnanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing rights granted to Grantee.
4. Obligations of Grantor. Unless the prior written consent of Grantee is obtained as
aforesaid, Grantor shall keep the Permanent Easement Parcel free of any and all Improvements
(other than those placed or constructed by Grantee). Grantor shall mow and care for the grass
located within the Perrnanent 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 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 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
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 Grantor, addressed to Grantor at:
269 West Carmel Dr., L.L.C.
16255 Seminole Road
Noblesville, IN 46060
or to such address as may be designated by the Grantor 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.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR: GRANTEE
269 WEST CARMEL DR., L.L.C.,
an Indiana lim'te lability comp n
By.
Printed: Stephen Engelkina
Print d: Jo jOjeciffid
Title: Director of Administration
3
STATE OF INDIANA
SS:
COUNTY M ILT-)
Before me, a Notary Public in and for said County and State, personally appeared
hn J G the of 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 A 2003.
My commission expires: dr. d‘&. Q
Notary Public
I am a resident of 2(,)ounty, Indiana r
Printed Name
j
STATE OF 1 t b 1 4 t A
SS: I
1
COUNTY OF 4.1p MsL `�or.�
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.
Witness my hand and Notarial Seal this 2 day of O C +a 2003.
My commission expires: b6 7 -0
Notary Public
I am a resident of /1/WM,€ /wt./ County, Indiana
Printed Name
CONSENT AND SUBORDINATION
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 1�a 3S3/3 ems/
and recorded on y- 22 2 0 as Instrument No.2 '3- 383/Y,
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.
A r//iG/4/ -£a)
[Name of Mortgagee]
By: ac, SI27b
Printed: X A. 9y /e r
STATE OF INDIANA
SS:
COUNTY OF 41,011
Before me, a Notary Public in and for said County and State, personally appeared
A kio O y/e r the duly authorized officer of [Name of Mortgagee], who
acknowledged execution of the foregoing Consent and Subordination for and on behalf of said
[type of entity]. AA-
WITNESS my hand and Notarial Seal this ay of (kkhe'' 2003.
Ivry Commission Expires:
7•22-20D Notary Public f /xi Ah..C77,,eid
County of Residence: t
Printed Name Jam e r k
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.
38661_IRAH
6
X ///i3/% /7
DULY ENTERED FORTAXATION
20o300038312
Subject to final acceptance for transfer Filed for Record in
1111NILTUN COUNTY INDIANA
O
day of c.\ JENNIFER J HAYDEN
04 -22 -2003 At 02:52 FTC
1
,e041;‘, 7'071414p Auditor of Ilanllilon County
WARR DEED 18.00
Parcel
kb oci -3 cAo —ono
Case No. 03294095 AMENDED -2
t�
D WARRANTY DEED
1'ltis Indenture Wihtessetlt, That WILLIAM C WEAVER AND 1?ATSY A
WEAVER, IIUSI3AND AND WIFE
IC
(Grantor) of HAMILTON County, in the Shale of Indiana, Conveys and Warrants to
26 9 WEST CARMEL DR., L.L.C. AN INDIANA LIMITED LIABILITY
COMPANY
(Grantee) of IIAMILTON County, in the State of Indiana, for the suns of Ten 00/100 Dollars ($10.00)
and outer valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following
described teal estate in IIAMIL oN County, in the State of Indiana:
"SEE EXHIBIT A ATTACHED"
Subject 10 the'Spring Installment of Real Estlte'T;txes due and payable in May 2003 and
all taxes payable thcrcaltcr.
Subject 10 any and all easements, agreements, and restrictions of record. The address of such real estate is
commonly known as: 26 9 WEST CARMEL DRIVE CARMEL, IN
"lax bills should be sent to Grantee at such address unless otherwise indicated below.
Ili Witness Wldere0j, Grantor has executed this teed this i "l day of AI A Li 1.13
I A.A-e (seal)
WILLIAM C. WEAVER PATSY WEAVER
(Seal) (Seal)
STATE OF INDIANA, HAMILTON COUNTY ss: ACKNOWLEDGEMENT
Refute me, a Notary Public in and for the said County and State, personally appeared
WILLIAM C. WEAVER AND PATSY A. WEAVER, HUSBAND AND WIFE
who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, staled
that any representations therein contained are (rue.
Witness my hand and notarial seal this 1 day of 1 /i .it en3 /4 1
My commission Expires Signature 1 Li fi 1 1 `t 1'j Now)/ Public
WII E C OLS Printed
A SEAL A My Conimioziou Lulus: 11/12/11N
�DIAt
My County of Buidoace Ix: IiamiltoaResiding iu Co., Indiana
Return lo:
Send tax bills to: Property Address
This document prepared by: Wade R. Nichols, Attorney at Law
Morgan Associates, Inc., 540 Westfield Road, Noblesville, IN 46060.
CASE NO. 03294095 AMENDED -2
EXHIBIT A LEGAL DESCRIPTION
PART OF THE EAST HALF OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3
EAST IN HAMILTON COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF
SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS (ASSUMED BEARING) 1188.00 FEET;
THENCE SOUTH 89 DEGREES 27 MINUTES 30 SECONDS WEST ,2461.54
FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 00 SECONDS WEST 1965.56
FEET TO THE SOUTH RIGHT -OF -WAY LINE OF CARMEL DRIVE; THENCE
SOUT'II 85 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID
RIGHT -0F -WAY LINE 982.48 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT WITII A RADIUS OF 410.00 FEET, SAID CURVE
SUBTENDED BY A CHORD WITH A BEARING OF SOUTH 71 DEGREES 31
MINUTES 22 SECONDS EAST; THENCE ALONG SAID CURVE TO THE RIGHT
AND RIGHT -OF -WAY LINE, AN ARC DISTANCE OF 192.88 FEET TO THE
PLACE OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE
SOUTH 41 DEGREES 26 MINUTES 11 SECONDS WEST 152.30 FEET; T'IIENCE
SOUTH 89 DEGREES 35 MINUTES 14 SECONDS WEST 48.60 FEET; THENCE
SOUTH 00 DEGREES 24 MINUTES 46 SECONDS WEST 65.65 FEET; THENCE
SOUTH 64 DEGREES 41 MINUTES 27 SECONDS WEST 83.25 FEET; THENCE
SOUTIl 00 DEGREES 24 MINUTES 46 SECONDS WEST 142.97 FEET TO THE
WESTERLY RIGI -IT -OF -WAY LINE OF THE L &N (MONON DIVISION)
RAILROAD; THENCE NORTH 48 DEGREES 57 MINUTES 30 SECONDS EAST ON
SAID RAILROAD RIGHT -OF -WAY 77.73 FEET TO THE POINT OF CURVATURE
OF A SPIRAL CURVE; THENCE NORTHEASTERLY ON AND ALONG SAID
RIGHT -OF -WAY LINE ON A 198.28 FOOT 03 DEGREE 00 MINUTE SPIRAL
CURVE :L98.28 FEET TO A POINT SUBTENDED BY A CHORD WHICH BEARS
198.26 FEET NORTH 47 DEGREES 57 MINUTES 49 SECONDS EAST OF THE
LAST DESCRIBED POINT, AND IS TIIE POINT OF CURVATURE OF A CURVE
TO THE LEFT WITII A RADIUS OF 1877.08 FEET, SAID CURVE SUBTENDED
BY A CHORD WITII A BEARING OF NORTH 43 DEGREES 38 MINUTES 39
SECONDS EAST; THENCE ALONG SAID CURVE AND RIGHT -OF -WAY LINE, AN
ARC DISTANCE OF 151.54 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF
CARMEL DRIVE; THENCE NORTH 50 DEGREES 08 MINUTES 10 SECONDS
WEST ALONG SAID RIGIH'T -OF -WAY LINE 50.14 FEET TO TIIE POINT OF
CURVATURE OF A CURVE TO THE LEFT WITII A RADIUS OF 410.00 FEET,
SAID CURVE SUBTENDED BY A CHORD WITH A BEARING OF NORTH 54
DEGREES 05 MINUTES 27 SECONDS WEST; THENCE ALONG SAID CURVE TO
TIIE LEI ?T AND RIGHT -OF -WAY LINE, AN ARC DISTANCE OF 56.60 FEET
1 'T'O THE PLACE OF BEGINNING, CONTAINING 0.886 ACRE, MORE OR LESS.
ALSO:
ParL of the East Half of Section 36, Township 18 North, Range 3.
East of Lhe Second Principal Meridian in Clay Township,•
llamilL'on CounLy, Indiana, described as follows:
Commencing aL the NorLlieast Corner of the Northeast Quarter of
Section 36, Township 18 North, Range 3 East; thence South 00
CASE NO. 03294095 AMENDED -2
EXHIBIT A CONT'D
degrees 00 minutes 00 seconds (assumed bearing) on the East
line of said Northeast Quarter 1188.00 feet; Lhence South 89
degrees 27 seconds 30 seconds West parallel with the North line
of said Northeast Quarter 2461.54 feel; Lhence South 00.degrees1
02 minutes 00 seconds West parallel with the West line of the
East Half of said Section 36, a distance of 1965.56 feet Lo the
Southerly right -of -way line of Carmel Drive; thence South 85
degrees 00 minutes 00 seconds East on said right -of -way line
982.48 feet to the point of curvature of a curve to the right
with a radius of 410.00 feet, said curve subtended by a chord
having a bearing of South 71 degrees 31 minutes 22 seconds
East; Lhence Southeasterly on said curve to the right and
right -of -way line, a arc distance of 192.88 feet; thence South
41 degrees 26 minutes 11 seconds West 152.30 feet; thence SouLh
89 degrees 35 minutes 14 seconds WesL 48.60 feet; Lhence South
00 degrees 24 minutes 46 seconds WesL 65.65 feet; Lhence South
64 degrees 41 minutes 27 seconds WesL 83.25 feet; Lhence South
00 degrees 24 minutes 46 seconds WesL 142.97 feet to the
Westerly right -of -way line of the L &N (Monon Division)
Railroad; thence North 48 degrees 57 minutes 30 seconds East on
said railroad right -of -way 77.73 feet to the point of curvature
of a 03 degree 00 minute spiral curve to the left; Lhence
Northeasterly curving to the left on said .right-of-way line a
03 degree 00 minute spiral curve distance of 198.28 feet to a
point subtended by a chord which bears 198.26 feet North 47
degrees 57 minutes 49 seconds East of the last described point,
being the point of change from a spiral curve to a circular'
curve to the left having a radius of 1877.08 feet; thence
Northeasterly curving to the left on said right -of -way line an
arc distance of 11.40 feet to a point that is 11.40 feel North
45 degrees 47 minutes 04 seconds East from said point of
change, said point being the PLACE OF BEGINNING OF THE WITHIN
DESCRIBED REAL ESTATE; Lhence South 50 degrees 07 minutes 12
seconds East 9.05 feet Lo a point on a circular curve, having a
radius of 1886.08 feet and a common radius point with the last
described curve; thence Northeasterly, curving to the left on
said curve, an arc distance of 140.14 feet to a point on the
Southerly right -of -way line of Carmel Drive, said point being
140.:L1 feet North 43 degrees 27 minutes 16 seconds East from
the last described point; thence North 50 degrees 08.minutes 10
seconds WesL along said right -of -way line 9.00 feet to a point
on the aforesaid Westerly right -of -way line of the L &N
Railroad, said point being on a non tangent curve having a
radius of 1877.08 feel and a common radius point with the last
desribed curve; thence Southwesterly, curving to the left'on
said curve and right -of -way line, an arc distance of'140.14
feet to the place of beginning, containing 1261 square feel
(0.029 acre, more or less).
Exhibit "B" 1 of 2
Project No.: 03 -01
Parcel No.: 6
PART OF THE EAST I -IALF OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST IN
HAMILTON COUNTY, INDIANA, DESCRIBED *AS FOLLOWS:
Commencing at the Northeast Corner of the Northeast Quarter of Section 36, Township 18 North,
Range 3 East;
Thence South 00 degrees 00 minutes 00 seconds. East (assumed bearing), a distance of 1188.00
feet;
Thence South 89 degrees 27 minutes 30 seconds West a distance of 2461.54 feet;
Thence South 00 degrees 02 minutes 00 seconds West a distance of 1965.56 feet to the South
right away line of Carmel Drive;
Thence South 85 degrees 00 minutes 00 seconds East, along said South right of way line, a distance
of 982.48 feet to the point of curvature of a curve to the right with a radius of 410.00 feet,
said curve subtended by a chord with a bearing of South 71 degrees 31 minutes 22 seconds
East;
Thence along said curve to the right and said South right of way line, an arc distance of 192.88 feet
to the Northwest Corner of a parcel conveyed to 269 West Carmel Dr., LLC as described in
Instrument No. 200300038312 of the records on file in the Office of the Hamilton County
Recorder;
Thence continuing along said curve to the right and said right-of-way line, a distance of 9.66 feet,
said curve subtended by a chord with a, bearing of South 57 degrees 22 minutes 15 seconds
East 9.66 feet to the PLACE OF BEGINNING;
*Thence continuing along said curve to the right and said right-of-way line, a distance of 15.00 feel,
said curve subtended by a chord with a bearing of South 55 degrees 38 minutes 53 seconds
East 15.00 feet;
Thence South 34 degrees 21 minutes 08 seconds West a distance of 15.00 feet;
Thence North 55 degrees38 minutes 52 seconds West a distance of 15.00 feet;
Thence North 34 degrees 21 minutes 08 seconds East a distance of 15.00 feet to the PLACE OF
BEGINNING.
CONTAINING 0.005 ACRES, MORE OR LESS.
1, 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 deed record of the
property described and from road plans prepared by CrossRoad Engineers, P.C. for the City of
Carmel Project No. 03 -01. 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.
,.uuwuunrnr
rrg
e NEA
TRENT E. NEWPORT sT R O
INDIANA LAND SURVEYOR c N Is 29600021
NO. LS 29600021 i
STATE OF
!1!D I A O�r
/lll lllllllllll l
Lis 4-
I
Revised: July 29, 1, 003
,i_
"'I 3 00 E NE /4 EXHIBIT B' 2 of 2
I 1188.00' SEC. 36
T18N, R3E OWNER 269 WEST CARMEL DR. LLC PROJECT AR L N0.: 03 -01
o S 8 27'30" ROAD NO. CARMEL DRIVE WEST
W INST #200300038312
2461.54' DATE: 4 -22 -2003
COUNTY HAMILTON
c o o ADDITION: N/A
(c) S 8 5'00'00" E SECTION: 36
982.48' C\ i{,��� 0 TOWNSHIP: 18N
RANGE: 3 EAST
SOUTH R/W 11?7 1/6'
CARMEL DR.
HATCHED AREA IS THE IP•0•B•
APPROXIMATE TAKING C�
N 34'21 08 E
This plot was prepared from information obtained 15.00' 0
from the Recorder's office and from plops prepared J 0 S 34'21'08" W
by CrossRood Engineers. P.C. doted April, 2003 for
CAL the City of Carmel (Project No. 03 -01) and was not 15.00'
SC ACC: 1' 50 necessarily cnecked oy o field survey
N 55'38'52" W
15.00'
C1 C2
L 26'57'15" L 01'20'59' S� 'q.
D 13'58'28" D 13'58'28" 1 �n PROPOSED
R 410.00' R 410.00' DRAINAGE
T 98.26' T 4.83' EASEMENT
L 192.88' L 9.66'
CL= 191.11' CL= 9.66' 0.005 AC.±
C8 S 71'31'22 "E CB S 5722'15 "E
C3 i.
A 02'05'47" 48.60'
D 13'58'28" O
R= 410.00' �QQ
L 7 oo N 269 WEST CARMEL DR., LCC P
CL= 15.00' INST. #200300038312 QF�
CB S 55'38'53 "E �U-
DRAWN BY SF 05 30 03
2s WESTERLY R/W CHECKED BY TEN 05 -30 -03
MONON RAILROAD
SCALE 1" 50'
oib ti
E. NE/
7 ,,s ,__S. 0, c, S T E,y 0,p,„ PREPARED BY:
a,
No. 29600021 i
STATE OF
1 L
7 ND I AN O� yr fz"'
N D SUR`
:C
EN *$.14:
lo ment on
7 Development ano
n lams
3417 6. SNERMAN OR
BEECH GROVE, IN 46107 (317)780 -1555