Carmel Drive - Equilon Enterprises LLC 200400006481
Filed for Record in
HAMILTON COUNTY INDIANA
JENNIFER J HAYDEN
01-29-2004 At 03:12 pm.
EASEMENTS 22.00
Prior deed reference: 73- 79•-2
EASEMENT AGREEMENT APPROVED AS TO FORM 8YI,
This Easement Agreement (the "Agreement), is entered into by and between Equilon
Enterprises, LLC, a Delaware limited liability company, with offices at 1 2700 N orthborough,
Suite 300, Attn: Property Planning, Houston, Texas 77067, "Grantor and the City of
Carmel, Indiana, by and through its Board of Public Works and Safety "Grantee for public
right -of -way and related purposes, as follows:
1. Grantor is the fee simple owner of the real property described in Exhibit A,
attached hereto and incorporated herein (the "Real Estate
2. For One Dollar ($1.00) and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys to Grantee
a perpetual non exclusive easement "Easement that shall run with the land and which shall be
limited to the Grantee's right to construct, reconstruct, repair, operate, maintain, replace, relocate
and/or remove sidewalks and landscaping through, upon, over, along, under and across the Real
Estate, together with the right to do all other lawful acts and things not inconsistent herewith and
requisite or necessary for the full enjoyment of the Easement.
3. Grantor expressly reserves all right, title and interest in and to the real estate
described above not specifically granted to Grantee, as well as the right to use or permit the use
of the Easement by others for any lawful purpose not inconsistent with the rights granted to
Grantee herein.
4. The Easement is made subject to prior all easements, agreements, restrictions
and rights -of -way of record.
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5. Grantee agrees to, at its expense, rework the disturbed area to look similar to
the existing conditions. In addition, Grantee agrees to reimburse Grantor up to $500 in
engineering and/or legal fees in order to review the legal documents herein. It is understood that
all the provisions of this Agreement are stated herein and that no verbal agreements or promises
will be binding on the parties hereto or their successors in interest.
6. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Indiana.
7. This Agreement, upon execution b y b oth Grantor and Grantee, i s and s hall
remain binding upon Grantor and Grantee and their respective officers, officials, agents, partners,
successors, assigns and legal representatives in all respects as to all covenants, agreements and
obligations contained herein.
IN WITNESS WHEREOF, the undersigned Grantor has executed this Easement
Agreement this 7 day of Nort.�, 2003.
"GRANTOR"
Equil. t ses
By: If, AMIN" !IPK:'
I
(Authorized Signature)
Charles T. Badrick, Attorney -in -Fact
(Printed Name and Title)
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STATE OF TEXAS
SS:
COUNTY OF HARRIS
Before me, a Notary Public in and for said County and State, personally appeared Charles
T. Badrick, as Attorney -in -Fact of Equilon Enterprises, LLC "Grantor who acknowledged the
execution of the foregoing "EASEMENT AGREEMENT" as his/her voluntary act and deed.
Witness my hand and Notarial Seal this `7 day of Ne9'l�olt�Gt 2003. f2.......
/2 z ,„te,
NOTAR UBLIC
My Commission Expires: t4Aa v y A ta o c.«
1 /31S Printed Name
My County of Residence: 4 -f&11.i S
a MARY M. CHIOCCO
MY COMMISSION EXPIRES
JANUARY 3, 2005
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ACCEPTANCE
WHEREAS, the foregoing Grantor has this day filed with the Grantee, the City of Carmel,
Indiana, its Easement Agreement "Agreement which Agreement is hereinabove set forth; and
WHEREAS, the City of Carmel, Indiana, is of the opinion that this Agreement is desirable
and necessary to the City.
NOW, THEREFORE, the City of Carmel, Indiana, by and through its Board of Public Works
and Safety, under and by virtue of the power conferred upon it by statutes of the State of Indiana,
accepts the Agreement and orders that the Agreement be recorded in the Recorder's Office of the
County of Hamilton, State of Indiana.
"GRANTEE"
CITY OF CARMEL, INDIANA
By and through its Board of Public and Safety
BY:
Jar es Brainard, Presiding Officer
f► ate:
Mary A
Lon .WatsoI1 m er
Date: t 1:;:1:4ti n,w,
l
.i
Tr'
ATT Sandra M. Johanson,
,r Il'.• ire as Clerk for
iana Cord'r yI C3lfrrk Treasurer Date:. '1
This instrument. prepared.b C. Haney, Attorney at Law, One Civic Square, Carmel, Indiana 46032,
RETURN ORIGINAL TO:
SANDRA JOHNSON
CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL IN 46032
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STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Pub in and for sai County and State, persona y appeared
CHARLES T. BADRIC •y me known, d who acknowledged th- xecution of the
foregoing `BASEMEN AGREEMENT' as his voluntary act and eed.
Witness my h. d and Notarial Se. this day of 2003.
My C ission Expires: NOT l' Y PUBLIC
'nted Name
My County of Residence
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and state, personally appeared
JAMES BRAINARD, MARY ANN BURKE and LORI WATSON, by me known, and
by me known to be the Members Members of mel NV of Public Works and
Safety, and DIANA L. CORDRAY, C erk- 1 o HE CITY OF CARMEL, who
acknowledged the execution of the foregoing "EASEMENT AGREEEMENT" on behalf
of the City of Carmel, Indiana.
Witness my hand and Notarial Seal this 3 day of bQCeinbzo", 2003.
A.../4....ta--
NOTARY PUBLIC
My Commission Expires: P�@
9/0 k ,sy `!c. C rgnn 2,�/ 5
o Printed Name
z
t ,‘-‘7/ 1,__cd... 6)C 1
My County of Residence
This instrument was prepared by Douglas C. Haney, Esquire, City Attorney, One Civic
Square, Carmel, Indiana 46032.
u engineers rax:.Mr- rrsu -oD D Jui i u.D lb:W r ul
Exhibit "A"
Project No.: 03-01
Parcel No.: 8
PART OF THE SOUTHEAST QUARTER(1 /4) OF SECTION 36, TOWNSHIP 18 NORTH,
RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Commencing at the Northeast corner of said Southeast 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 Southeast Quarter, a distance of 938.15 feet;
Thence North 90 degrees 00 minutes 00 seconds West (assumed bearing) a distance of 75.00 feet
to a parcel conveyed to Shell Oil Company as described in Deed Record 337 Page 722 of the
records on file in the Office of the Hamilton County Recorder and the PLACE OF BEGINNING;
Thence continuing North 90 degrees 00 minutes 00 seconds West a distance of 72.16 feet;
Thence South 00 degrees 00 minutes 00 seconds West 5.00 feet;
Thence South 90 degrees 00 minutes 00 seconds East 75.00 feet;
Thence North 37 degrees 32 minutes 09 seconds West 6.30 feet to the PLACE OF BEGINNING.
CONTAINING 0.008 ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS,
RIGHTS -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
INDIANA LAND SURVEYOR
NO. LS 29600021
.PARCF ssf�oaa tngineers rax= Slr(tfll -b3 3 Jul Y 'US ]b -1U Y. US
PROJECT NO. 03 -01 11
DRAM BY SIB 07 -08 -03
ROAD NO. CARMEL DRIVE WEST OWNER SHELL OIL COMPANY
COUNTY HAMILTON CHEO<ED BY TEN 07 -08 -03
INST. X83 -7952
`ADDITION: N/A BOOK 337 PAGE 721 SCALE 0" 50'
SECTION: 35 DATE: 7-13-83
TOWNSHIP: 18N !p
RANGE: 3 EAST NE COR v) iU!
HATCHED AREA IS THE SE 1/4 o SCALE: 1 50'
APPROXIMATE TAKING SEC. 36 a
Thin plot oreoored from MforroaEron abtof.pd T18N, R3E O
from trio Recorder t cafe* °ed r•on, plona orcaorcd O
zoo CrossPooO Eogewe, P.C. doted Aar II. zo for
the C+ty of Carmel (Project No. 03 -01) and *09 00t
PROPO necess chpckae by 0 c ede aurva f�
PROPOSED FAST LINE SE 1/
SIDEWALK
EASEMENT LACE. r NNIN r
0.008 AC.t CARMEL DRIVE
go
160.00 90'00'00 W 7216' U
S 00 W S 90 E 75.00 N 42'22'24 W
5.00' 90'3000'00° 6..'1y
75.00'
O
g SHED. OWL COMPANY
n INST 83 -7952
BK 337 PG 722
190.00
PREPARED BY:
E M elt
c 4 1 sre 0� 1 R, te r y
No. 29600021 X
STATE a1 jEf2O55f °AUA
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CITY RMEL
j
JAMES BRAINARD, MAYOR
November 24, 2003
Board of Public Works and Safety
One Civic Square
Carmel, IN 46032
RE: Carmel Drive Phase II (3 Ave. SW to Rangeline) /Grant of Easement
Dear Board Members:
Ms. Laura L Sawicki, Area Real Estate Manager for Shell Oil Products US (On behalf of Equilon
Enterprises LLC), has agreed to grant an Easement to the City of Carmel for the construction of a small
piece of sidewalk necessary to make a the connection from the existing sidewalk on the southwest corner of
Carmel Drive and Rangeline Road to the side walk being constructed with the Carmel Drive Phase II
Project west of the intersection.
In previous conversations with the grantor, it had been discussed that the City would be willing to pay up to
$500 for expenses incurred by Shell Oil Products in order to have an engineer review the proposed
Easement description and sidewalk plan. In accordance with this discussion, Ms. Sawicki has included an
invoice for $403.00 to cover the actual costs incurred by Shell for engineering review.
On behalf of the City of Carmel, I would like to thank Shell Oil Products US for their dedication of this
Easement. I recommend the Board accept and sign these documents and approve the payment of the
$403.00 expense for engineering review.
Sincerely,
Michael T. McBride, P.E.
Assistant City Engineer
Enclosures (3- Original Easements)
S: \BPW03 \Shell
DEPARTMENT OF ENGINEERING
ONE Civic SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL kweese@cLcarmeLin.us
�����t31 "sv'�
Lo
Fib j J Shell Oil Products US
\c-:".„ ‘`\3\*
Laur L. Sawicki
�t� a�- Area Real Estate Manager
E t 27, `.e�� 904 S. Roselle Rd., #342
VIA UPS 2 DAY AIR Schaumburg, IL 60193 -3963
#1Z -V83- 514 -36- 9099 -0099 Tel +1 630 894 3915
Fax +1 630 894 3959
Email Ilsawicki @shellopus.com
November 10, 2003
City of Carmel
Attn: Kate Weese, City Engineer
One Civic Square
Carmel, IN 46032
Re: Sidewalk Easement
1230 S. Rangeline Rd., Carmel, IN
(CC #116834)
Dear Ms. Weese:
Today I forwarded 3 originally executed Easement Agreement related to the above referenced
site (copy enclosed) to Trent Newport at CrossRoad Engineers for execution on behalf of the
City of Carmel. As part of this Agreement, the City of Carmel agreed to reimburse Shell up to
$500.00 for costs related to the review of this easement. Enclosed is a copy of the only bill
for which we are seeking reimbursement related to this easement. It is from Insight
Engineering in the amount a -Please proceed to issue a check to Shell Oil Products
US in the amount of $403.00. The check should be sent to me at the address shown above,
and I will then forward to the appropriate department in our Houston office.
If you have any questions related to any of this information, please do not hesitate to call me
at 630- 894 -3915.
Sincerely,
SHELL OIL PRODUCTS US
0. Behalf of Equilon Enterprises LLC
t Y LaL.
Laura L. Sawicki 41
Encls. (2)
Insight Engineering, Inc.
invoice
9765 Randall Dr., Ste. C DATE INVOICE NO
Indianapolis, IN 46280
(317) 848 -9040 8/1/2003 4181
BILL TO PROJECT DESCRIPTION
Laura L. Sawicki Shell
Shell Oil Products 1230 S Rangeline Rd
904 S Roselle Rd #342 Carmel, IN
Schaumbrg, IL 60193 -3963 Sidewalk Easement,Investigation
TERMS PROJECT NO. VENDOR NO. IEI'S FILE NO.
Net 30 500- 037794 9760LS
DATE C V R A DESCRIPTION HOURS RATE AMOUNT
7/16/2003 VI Design Engineer Preliminary Plans 3 99.00 297.00
7/17/2003 VI Design Engineer Preliminary Plans 0.5 99.00 49.50
7/182003 VI Design Engineer Preliminary Plans 0.5 99.00 49.50
Total Professional Time 396.00
Reprographics 7.00 7.00
Indiana Sales Tax on Equipment 6.00% 0.00
APPROV :1 1 DATE V '1l o
LAURA SA KI, REE TAM' 15
COST CENTER J✓tp
COST E�EM`NT 2 p 7
1 14 5 06 3 7
C= Concept V=Version
R =Revision Total $403.
A =Additional Work 0
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