Carmel Drive - 4-L Company of Carmel Cross Reference to Prior Deed of Record: Corporate Warranty Deed recorded in Book 300, Page 825 in the
Hamilton County, Indiana Recorder's Office
200400050559
Filed for Record in
61 e HAMILTON COUNTY, INDIANA
SI DRAINAGE EASEMENT AGREEMENT JENNIFER J HAYDEN
07 -20 -2004 At 12:49 Fm.
4 s-)(7 EASEMENTS 31.00
0 This. Easement Agreement (this "Agreement is made and entered into this j J day of
AI,� (�ct 2003 by and between 4 -L COMPANY OF CARMEL, and Indiana
partne` ship "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 Nvithheld 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 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 Permanent 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 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 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
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 Grantor, addressed to Grantor at:
4 -L Company of Carmel
8960 S. Keystone Avenue
Indianapolis, IN 46227
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
4 -L COMPANY OF CARMEL,
an Indiana partnership By: 1
By: A�c,<4_, ,01 Printed: Stephen Engelking
Printed: P/c /-//mo iT Title: Director of Administration
STATE OF INDIANA
SS:
COUNTY OF 1- (5.\1
Before me, a Notary Public in and for said County and State, personally appeared
theeac;�ul PQ r 41 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 1
2003.
i
My commission expires: v7-o e .4
Notary Public
Public
I am a resident of County, Indiana
/z/5
Printed Name
STATE OF /,iD, /'}N ICJ
)SS:
COUNTY OF ).74/(iCiv('
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. /J
Witness my hand and Notarial Seal this day of 4 s 2003.
My commission expires: d/ a
Notary Public
I am a resident of /L/'R /v- County, Indiana A/� C�
�LCN a U", -f c 4/c
Printed Name
5
CONSENT AND SUBORDINATION
The undersigned, as the owner of an interest in the Grantor Parcel, hereby consents to the
foregoing Agreement and agrees that such interest, as more particularly described in that certain
Option to Purchase dated March 25, 2002, which is referenced to in a Memorandum of Option to
Purchase dated April 10, 2002 and recorded on May 20, 2002 as Instrument No. 2002
200036738, together with all rights appurtenant thereto, is subject to and subordinate to the
Agreement and that any exercise of such Option to Purchase shall not extinguish, invalidate or
otherwise affect the Agreement or the rights, benefits, duties and burdens of the parties thereto
and their respective successors and assigns.
CZ X4.4 L
Charles M. Lee
William R. Lee
STATE OF INDIANA
SS:
COUNTY OF Mar-W.
Before me, a Notary Public in and for said County and State, personally appeared Charles M. Lee, who
acknowledged execution of the foregoing Consent and Subordination as his voluntary act and deed.
WITNESS my hand and Notarial Seal this day of d u 20(
III
i
My commission expires: /NO W.- V
y 'N Notary Public
1 am a resident of 1"la.r 1 County, Indiana
L/ Printed Name
LESA C. DUVALL
NOTARY MUD STATE OF NOIANA
COUNTY_
my cotausioN EXP. SEPT 7,
LESA C. DUVALL
NOTARY PUBLIC STATE OF INDIANA
STATE OF INDIANA 'AARON COSY
SS MY COMMISSION EXP. SEPT 7, 2009
COUNTY OF I
Before me, a Notary Public in and for said- County and Stare, personally appeared William R. Lee, who
acknowledged execution of the foregoing Consent and Subordination as his voluntary act and deed.
WITNESS my hand and Notarial Seal this
C ti l4 ay of 3Gi 1/' 200 ,dis
Niy commission expires: �7
n
Notary Public
I am a resident of M_0 i a County, Indiana l s Gl C ..dj ✓i( l 1
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.
65147 I.DOCRAH
7
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 Second Real Estate Mortgage and
Security Agreement dated May 31. 1985 and recorded on June 5, 1985 as Instrument No. 85-
7403 in the Office of the Recorder of Hamilton County, Indiana, as modified by that certain First
Modification of Loan Documents dated December 31, 1991 and recorded on January 7, 1991 as
Instrument No. 92 -00791 in the Office of the Recorder of Hamilton County, Indiana, as modified
by that certain Second Modification of Loan Documents dated June 1, 2000 and recorded on
April 1, 2002 in the Office of the Recorder of Hamilton County, Indiana, 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.
Bank One, NA
Successor in interest to The Indiana National Bank
By: 7 4?
Printed: gym% Af&Keowy
STATE OF INDIANA
SS:
COUNTY OF M ARtoti
Before me, a Notary Public in and for said County and State, personally appeared
R `1An1 M�kf owN the duly authorized officer of Bank One, NA, who
acknowledged execution of the foregoing Consent and Subordination for and on behalf of said Bank
One, NA.
WITNESS my hand and Notarial Seal this 8 day of DEC cMgE 2003.
My commission expires: �1N
Notary Public
I am a resident of \?.t,1DQ■c,KS County, Indiana
NINA t.... W1Npt.Ll_
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.
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 August 9, 1996 and
recorded on August 21, 1996 as Instrument No.96-35261 in the Office of the Recorder of
Hamilton County. Indiana, 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.
Bank One, NA
Successor in interest to The Indiana National Bank
By: '/MfMlleotr'+-
Printed: Rye, keew i
STATE OF INDIANA
SS:
COUNTY OF MARt
Before me, a Notary Public in and for said County and State, personally appeared
R f Mc.kcp) the duly authorized officer of Bank One, NA, who
acknowledged execution of the foregoing Consent and Subordination for and on behalf of said Bank
One, NA.
WITNESS my hand and Notarial Seal this 8 day of 0E.C€C.Mi3 E 2003.
My commission expires: Oi MLA. t. A el .11
otary Public
I am a resident of 1-lw)RtCKS County, Indiana
N�►�A L. D& Lt.
Printed Name t
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.
PROJECT NO 3 EXHIBIT B' ORA'NN 2 of 8Y 05 -30 -03
PROJECT NO.: 03 -01
ROAD NO. CARMEL DRIVE WEST NE COR OWNER 4 -L COMPANY OF CARMEL CHECKED 8Y TEN 05 -30 -03
COUNTY HAMILTON NE 1/4 BOOK 300, PAGES 825 -826
ADDITION: N/A SEC. 36 DATE: 11 -17 -77 SCALE 1" 40'
SECTION: 36 T18N, R3E HATCHED AREA IS THE
TOWNSHIP: 18N J., S 00'00'00" E APPROXIMATE TAKING i
RANGE: 3 EAST 1188.00 ibis pact was preccrec from ;nformc:icn ootcined
from the Reccrder's off■ce and from ;ices prepered
IS 89'27'30" W cy CrossRaad Engineers. P.C. dcted Acril. 2003 for
the C of Ccrme; (Project No. 03 -01) one wcs not
2 461.54' necesscnly cneckea a ficic survey
S 00'02'00" W
S 85 '00'00" E 1965.56' CARMEL DRIVE S 85'00'00" E SCALE: 1 40'
565. 98' r 15.00'
S 85 '00'00" E
SOUTH R/W 1 17_07'
IIII
CARMEL DR.
N 05'00'00" E
EXISTING 15' UTILITY 15.00' S 05'00'00" W
EASEMENT IN FAVOR 15.00'
Or INDIANA BELL
TELEPHONE, INC. PROPOSED N 85'00'00" W
INST. #38 -13119 DRAINAGE 15.00'
EASEMENT
0.005 AC.+ ro
4 -L COMPANY OF CARMEL
D.R. #300, PCS. 825 -826
CV
'y P
WEST R/W
L N RAILROAD
�P P�' (MONON DIVISION)
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E. N Ek
�r,IS TER e 0
I PREPARED BY:
No. 29600021
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Transportation
Development Consultants
3417 S. 41ERMAN DR.
BEECH GROVE, IN 46107 (317)780 -1555
�x17fBiT /9
iVolt: T approved by Indiana Slate Bar .Irrociation i Indiana.
Use of this fora, ,unstilates practice of hew and is limited to practiciny lawyers.
0 CORPORATE WARRANTY DEED
THIS INDENTURE WI 1 1SSETII, That CRADLE BROTHERS, INC. 00K---' —NstiGE
"Grantor a. corporation organized and exist.
irig under the laays of the State of Indiana CONVEYS AND WARRANTS to
L COMPANY OF CARMEL, an :Incli_ana partnership,
of County, in the State of Indiana
for the
Sum of_Ot1e_
D&lain 1.00
and other valuable consideration, the receipt of which is hereby acknowledged, the following
described real estate in Hamilton County, in the State of Indiana: I,I, y
See Exhibit A attached hereto for legal descriptions and
exceptions.
This document referred
to In Document r
nt No.
1L`> /fi
Ill:. Ili ft.l iii: :!.!1! ter• v .�J 7
:l;t,E M. EC;;ES. r,E Ri: i HAMILTON COMY. frill
r-
.L
C �I Ac./...41-:`A. /iL T�. iI_
The undersigned persons executing this deed on behalf of Grantor represent and certify that
they are duly elected officers of Grantor and have been fully empowered, by proper resolution of
the Board of Directors of Grantor, to execute and deliver this deed; that Grantor has full cor
porate capacity to convey the real estate described lierein; and that all necessary corporate ac-
tion for the snaking of such conveyance has been taken and done.
IN WITNESS WHEREOF, Grantor has caused this ,deed to be executed this_ /6 Y
day of•_.- /2 ✓crj /.6'� =,e- 10 77 CRADLE 13ROTFIERS, INC.
(Name of Corporation)
(SEAL) ATTE G� v C-14/"7------.
By `i_L 6 f y" ci� -ems
Nta y,;yl. Si mature Cradle II 6 7ohn L.
Slgrlature ra e
Secs. e Lary President
1'rintod Nagle, and Office
Printed Nnluo, aticl O)ilca
Tni tt A� fsf•1•i;nr� 1
STATE Ole INDIANA i__.
1SS: 1 I slay 7? G�1 -1, -LC L.:.: r' 2
COUNTY OF
J
ail--_•zit _t, a tj' editor
Before ine, a Notary Public !u and for gala County and State, personally appoared 011 11{cijj;il,c.c: 6A7:1 /lam
natL Mary W. Grad le
Pres i.de.n L .th
an d Secre Lary
GRADI.,E 14120TH ERS INC rvnpecuvely of;
who' acknowl
csocutlon of the foregoing Deed for and on behalf of said Grantor, and who, having been duly sworn, at4ted thal'ihe
rellreaentatious therein contained are truo.
ZVlluonu my hand and Notarial Seal this n f
My Conuulualoh Expires c A'
C i t ��,L2 l
1, /I Printed i /11 i If/ //,66 A/ -3A- .Yl
Tills lnatrument wilt fro Max 1C�_i� "I.Tl1C 7 Notary Public I px l od by
602 Board of Trade Building �ttolney at lair.
1 Trr, -H Ar --inn.
I
EXHIBIT A
Legal Description =j
13Uvl� PAGE_
Part of the East half of Section 36, Township 18 North, Range 3 _East,"
in Hamilton County, Indiana, more particularly described as follows:
Beginning at the Northeast corner of the Northeast Quarter of Section
36, Township 18 North, Range 3 last; thence South 00 degrees, 00
minutes,,00 seconds (assumed bearing), on and along the East line of
said Northeast Quarter 1,188.00 feet; thence South 89 degrees, 27
minutes, 30 seconds West 2,461.54 feet; thence South 00 degrees, 02
minutes; 00 seconds West 1,965.56 feet to the South line of Cannel
Drive; .thence South. 85 degrees, 00 minutes, 00 second East on and
along said South line 565.98 feet to the True Beginning Point of this
Description; continuing thence South 85 degrees 00 minutes 00 sep
East on and along.the South line of said Carmel Drive right of Jay0
200.00 feet; thence South 00 degrees, 02 .mi_nutes,. 00 seconds West
58714. tee t. to the Isles terly right of way of .the L. N. ('Monon
Division) .Ra.i.lroad;..thence South 4 8..degrees, 57 minutes, 30 seconds
West on and_along said right of .way line 2.64.31 feet to a point that
is 778.12 feet South 00 degrees, 02 minutes, 00 seconds West of the
true beginning point; thence Nortn 00 degrees, 02 minutes, 00 seconds
East 778'.12 feet to the True Beginning Point; containing 3.122 acres,
.more or less
Subject to streets, highways, easements, restrictions and limitations
of record;
Subject also to taxes payable in May, =1978 and thereafter;
Subject further to the following:
(a) An easement is hereby reserved by Grantor for drainage and
utility purposes for. the benefit of the real estate and the owner.:,
of•parcels thereof from time to time, title to which real estate
is or was held by Gradle Brothers, Inc., and which easement is
fu.rther„,escribed as follows: Forty (40) feet by parallel lines
along t40 Southeasterly side of said above described real estate
(adjaceA+'io the Westerly right -of -way line: of the Monon Railway),
and whic is shown on Survey dated November 7, 1977 by
Allan H.I�lcsihe Registered Land Surveyor, being his Job No. 77-
1969.
(b) An easement is hereby reserved for drainage and utility
purposes represented by what is known as the Hawkins Open Drain,
Ohir_I1 said Hawkins Open .Drain is shown on said Survey in (a)
above.
(c) Easements are hereby reserved for the maintenance, repair,
operation, and replacement of all anchors, power lines, and other
installations to the extent only that such items exist and are
installed on said above described real estate..
7'he above easements in (a, (h) and (c) shall be covenants running
with the land and shall be binding upon the above described real
estate and the owners thereof from time to time; and shall inure
to the benefit of the real estate and owners thereof, title to
which real estate is or was held by Gradl_e Brothers, Inc.
Il3F(C ir,. tiLDGES. `ECGEU+ii.. ;;f.t.a TON COUNT', I [1.
Exhibit "B» 1 of 2
Project No.: 03 -01
Parcel No.: 3
PART OF THE EAST HALF 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 Northeast Quarter of Section 36, Township 18 North,
Range 3 East;
Thence South 00 degrees 00 minutes 00 seconds East (assumed bearing), on and along the East
line of said Northeast Quarter, a distance of 1,188.00 feet;
Thence South 89 degrees 27 minutes 30 seconds West a distance of 2,461.54 feet; i 1
Thence South 00 degrees 02 minutes 00 seconds West a distance of 1,965.56 feet to the South
line of Carmel Drive;
Thence South 85 degrees 00 minutes 00 seconds East on and along said South line a distance of
565.98 feet to the Northwest Corner of a parcel conveyed to 4 -L Company of Carmel as
described in Decd Record 300, pages 825 -826 of the records on file in the Office of the
I- Iamilton Coiunty Recorder;
Thence continuing South 85 degrees 00 minutes 00 seconds East along said South line of Carmel
Drive right of way and along the North Line of said parcel, a distance of 117.07 feet to the
PLACE OF BEGINNING;
Thence continuing South 85 degrees 00 minutes 00 seconds East along said South line of said
Carmel Drive right of way and along said North Line of said parcel, a distance of 15.00
feet;
Thence South 05 degrees 00 minutes 00 seconds West a distance of 15.00 feet;
"Thence North 85 degrees 00 minutes 00 seconds West, parallel with the South line of said Carmel
Drive right of way, u distance of 15.00 feet;
Thence North 05 degrees 00 minutes 00 seconds East a distance of 15.00 feet to the PLACE OF
BEGINNING.
CONTAINING 0.005 ACRES, MOOR OR LESS, BEING SUBJECT TO ANY EASEMENTS,
RIGIITS -OF -WAY OR RESTRICTIONS OF RECORD OR OBSERVABLE.
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 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 I, Rule 12 of the Indiana Administrative Code.
TRENT E. NEWPORT �o� »F11/
INDIANA LAND SURVEYOR r Q� �ti6\sTfi, l
NO. LS 29600021 Q
tic) LS 29600021
STATE OF
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