Guilford - Ransburg, Lenna 1
V
Cross Reference to Prior Deed of Record: Executrix's Warranty Deed, Instrument No. 9404956,
in the Hamilton County, Indiana Recorder's Office
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is made and entered into this 3'day of
rtbut,rw 2011 by and between Leona Ransburg, "Grantor") and the City of
Carmel, Indiana( "Grantee Vaot
RECITALS
A. Grantor ovens certain real property (the "Grantor 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 Road to Main 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:
See Exhibit A and 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 grant of easement 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.
3, Rights Retained by Grantor. Grantor shall retain unto herself, and her grantees,
heirs, successors and assigns, and all others to whom Grantor may grant rights or easements, the
2011068419 EASEMENTS $25.00
12/29/2011 10:06:03A 7 PGS
832363_1 Mary L. Clark
1 HAMILTON County Recorder IN
Recorded as Presented
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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 her 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
her 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 Grantee 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.
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.
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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.
G' NTOR GRANT E
1 ti By:
Lenna Ransburg
3 b I Printed:
Title: ;pivo e
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832363_1
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STATE OF INDIANA
e r
)SS:
COUNTY OF 141/-1 11
Before me, a Notary Public in and for said County and State, personally appeared Lenna
Ransburg, 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 3 day of A c44:- 2011.
My commission expires: (7C
Notary Public
I am a resident of v) County, Indiana
c�CC (�;t
Printed Name
STATE OF INDIANA
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared
the Grantee, 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 2011.
My commission expires:
Notary Public
I am a resident of County, Indiana
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
832363_1
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EXHIBIT 1
The Southwest quarter of the Southwest quarter cf
Section twenty five (25), township eighteen (18)
north, range three (3) east, except ten acres (10)
off of the north side thereof, leaving thirty (30)
acres more or less in Clay Township, Hamilton County,
Indiana.
Excepting that real estate deeded to Carmel -Clay Schools
by .Warranty..Deeddated December 5,,1964, and recorded
December 17',"'19.64:.under Instrument No. 4458 in Book 192,
Page :2 0,. as follows:
Beginning:454.`0. -feet North or the Southeast corner
Of the Wea"t the.'Southwest Quarter of Section
25, Tawcship:;18 Range 3 East, and on the East
line thereof; .thence North on and along aforesaid
East itne'130.43'feet to the present South line of
the Clap- Ca "rmel School Property; thence in a Westerly
direction.en and along said South line of the Clay
Carmel School Property 1309.9 feet to a Stone on the
West line of the West Half of said Southwest Quarter;
thence South on and along the West line of said Half
Quarter Section 332.73 feet to a point 654.0 feet North
of a stone 'at the Southwest corner of said Southwest
Quarter; thence Easterly 1310.8 feet to the place of
.beginning, containing in all 9.97 acres more or less.
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EXIIIBIT "A"
Project: Guilford Road (City Center Main Street) Sheet 1 of 1
Project No.: 06 -17
Parcel: 7A Perpetual Drainage Easement
A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION
TWENTY -FIVE (25), TOWNSHIP EIGHTEEN (18) NORTH, RANGE THREE (3)
EAST, HAMILTON COUNTY, INDIANA, MORE FULLY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast corner of said West half; thence West along the South line
of said West half a distance of 45.00 feet to the PLACE OF BEGINNING; thence
continuing West along said South line a distance of 40.00 feet; thence North parallel with
the East line of said West half a distance of 40.10 feet; thence East parallel with the South
line of said West half a distance of 40.00 feet; thence South parallel with the East line of
said West half a distance of 40.10 feet to the PLACE OF BEGINNING.
CONTAINING 0.037 ACRES (1604.000 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.
E. NEw TRENT E. NEWPORT
A4' 5 Tff i£o 04,
INDIANA LAND SURVEYOR
NO. LS 29600021
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(No. 29600021
STATE Of
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y PARCEL: 7A EXHIBIT DRAWN BY CJL 7 -21 -10
PROJECT Guilford Road (City Center —Main St.) CHECKED BY TEN 7 -21 -10
COUNTY: HAMILTON
s SECTION: 25 OWNER: LENNA RANSBURG SCALE 1 300'
TOWNSHIP: 18 NORTH RECORD DOCUMENT: INSTRUMENT #1994 -04956
RANGE: 3 EAST
im Alt
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EAST LINE
-*EST NEST LINE T HALF,
NEST HALF EXCEPT I aVARIER
SW WARIER
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0 44100' w
II EAST
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3 25 25
Q soTo S '36 36
PLACE OF BEQNNINC
DETAIL
SEE NOT TO SCALE
DETAIL
2 25 25
F 3
sOU1H LINE
Ntsr HALF
SW OUAR7ER
e
NORTH
tea 0 NO' 300'
SCALE t 300'
PREPARED BY:
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To the best of my knowledge and belief, this plat was prepared from
No. LS information obtained from the Office of the Recorder of Hamilton County,
and from plans prepared by Donohue Associates for the City of Carmel
29600021 (Pr 0.06 -17).
c STATE OF 4....1 CR0
N 7 -21 -10 55ROnD
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0 C Trent E. Newport D a t e
S U R V Reg Land Surveyor No. 29600021 Development at
State of Indiana wa189namaasoamgowns