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116th - Harvey, Allan/Sharon Instrument 200400063880 Cross efer� t Fir r Dee�(' Record: Warranty Deed, Inst. #:1367, Book 220, Page 270, in the Hamilton County, Indiana Recorder's Office EASEMENT AGREEMENT nn') YC This Easement Agreement (this "Agreement is made and entered into this OL0 day of 'm Cl, 200�y and between ALLAN K. HARVEY and SHARON G. HARVEY- Husband and Wife "Grantor and THE CITY OF CARIMEL, INDIANA "Grantee 200400063880 Filed for Record in HAMILTON COUNTY, INDIANA RECITALS JENNIFER J HAYDEN 09 -13 -2004 At 12:36 m. EASEMENTS 26.00 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 herCeto 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: �I (a) Storm water drainage. U g N g (b) Access, ingress and egress for the initial installation, future maintenance, E repair and replacement of (i) "rip rap" along the bank of Carmel Creek, (ii) other o improvements related to the Project and (iii) future improvements conducive to the r drainage of storm water. Q Q e 3 ci (c) Removal, without liability to Grantee (except as otherwise provided below), p cz of any "Improvements" (hereinafter defined) located within the Permanent Easement Parcel, o whether now existing or hereafter placed or constructed; provided, however, Grantee shall Y- :g M 1=) V) J 'K d--. 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, 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 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: Allan K. Harvey and Sharon G. Harvey 11530 Ralston Avenue Carmel, Indiana 46032 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 X L.. O. A. GE1.W 7 Allan K. Harvey, Husband 0 By: x ;�1 D Printed: Stephen Enaelking Sharon G. Harvey, Wife U 3 STATE OF INDIANA SS: COUNTY OF i Before me, a Notary Public in and for said County and State, personally appeared Allan K. Harvey and Sharon G. Harvey, Grantors and who, having. been duly sworn, acknowledged the truth and accuracy of the representations made herein and the execution of the foregoing Agreement. yd,) Witness my hand and Notarial Seal this�3 day of 2004 My commission expires: J -15- 0 1 _11116As I 11,� Notary Public I am a resident of t-\c�fYlik 1 County, Indiana Printed Name JULIE F. DONOVAN STATE OF Hamilton County tit' Commission Expires February 15, 2007 COUNTYOF mi x/ 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 07.q day of 200 My commission expires: 00 PV/08 t.' �_i Notary Public I am a resident of Vl, County, Indiana ire A t Printed Name 5 EXHIBIT "A" Project: STP -B886( Sheet 1 of 1 Parcel: 32 Perpetual Easement A part of Lot 3 in Donnybrook Addition, an addition in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2, page 233, in the Office of the Recorder of Hamilton County, Indiana, and being that part of the grantors' land lying within the right -of -way lines depicted on the attached Right -of -Way Parcel Plat marked as Exhibit "B described as follows: Beginning at the southwest corner of said lot; thence North 1 degree 27 minutes 07 seconds East 38.104 meters (125.01 feet) along the west line of said lot to the northwest corner of said lot; thence South 89 degrees 22 minutes 48 seconds East 5.006 meters (16.42 feet) along the north line of said lot; thence South 0 degrees 09 minutes 46 seconds East 36.959 meters (121.26 feet) to point "801" designated on said parcel plat; thence North 84 degrees 28 minutes 27 seconds East 32.096 meters (105.30 feet) to the east line of said lot at point "802" designated on said parcel plat; thence South 0 degrees 37 minutes 12 seconds West 4.581 meters (15.03 feet) along said east line to the southeast corner of said lot; thence North 89 degrees 22 minutes 48 seconds West 37.975 meters (124.59 feet) (124.60 feet by plat of said addition) along the south line of said lot to the point of beginning and containing 302.5 square meters (3,256 square feet), more or less. ousti1nlffla G tiL This description was prepared for the City of Carmel by John M. sTE Garvey, Indiana Registered Land Surveyor, License No. S0148, on the Q G "O' Fes% 2° day of November, 2001. r No. S0148 This description was written from information obtained from the "Y' s of 9 recorder's office and other sources which were not necessarily checked Ci by a field survey. too, rrr,;,::i,ti,'•� c ar i l dt 1 EXHIBIT "B" SHEET 1 OF 2 RIGHT -OF -WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL PARCEL: 32 OWNER: HARVEY, ALLAN K. ET UX. PROJECT: STP-B886( -DES. NO.: 9785910 9785911 ROAD: 116th STREET DEED BOOK: 220, PAGE 270 DATED: 6 -04 -68 DRAWN BY: C.J. HOGSTON, 10 -28 -01 COUNTY: HAMILTON CHECKED BY: J.R. RITTER, 10 -31 -01 SECTION: 1 TOWNSHIP: 17 N. Hatched area is the RANGE: 3 E. approximate taking. Dimensions shown below are from the above listed record documents. 0 50' 100' Centerline stationing tic marks are shown at 20 meter intervals. SCALE: 1' =50' 560 0 0 0 I 116th STREET -N •:1- 566 N N Line "PR -1" N r -3 3631 36 36 ..4 809.60' 1 1 1 6 508 50' R/W I r R/W il ,1 3 800 I I 122.78' `N Z \v 15' Drainage Z r j ;`li Utilit Strip Z A M A O N y o Residue "A" N C. W N Lot 3 -J Z a Q O O F.N a C4 .-a 802 801 20' Drainage Utility Strip i Z zx A Lot 17 124.60' [SIC] m s Lot 4 Lot 16 This plat was prepared from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. EXHIBIT "B" SHEET 2 OF 2 1 RIGHT -OF -WAY PARCEL PLAT PREPARED FOR THE CITY OF CARMEL PARCEL: 32 OWNER: HARVEY, ALLAN K. ET UX. PROJECT: STP -B886( DES. NO.: 9785910 9785911 ROAD: 116th STREET DRAWN BY: C.J. HOGSTON, 10 -28 -01 COUNTY: HAMILTON CHECKED BY: J.R. RITTER, 10 -31 -01 SECTION: 1 TOWNSHIP: 17 N. RANGE: 3 E. POINT REFERENCE TABLE (METRIC UNITS) (NOTE: STATIONS OFFSETS CONTROL OVER BOTH NORTH EAST COORDINATES AND BEARINGS DISTANCES) POINT CENTERLINE STATION OFFSET NORTHING EASTING 508 x "PR -1" 2009.481 3.200 Rt. 4636.563 5015.612 515 "PR -1" 2.818.967 0.000 Rt. 4638.861 5825.074 560 "PR -1" 2.009.460 0.000 Rt. 4639.763 5015.582 566 "PR -1" 2.390.002 0.000 Rt. 4640.843 5396.122 575 "PR -1" 2.000.407 3.200 Rt. 4636.479 5006.559 800 "PR -1" 2.213.000 94.937 Rt. 4545.404 5219.391 801 "PR-1" 2.213.000 170.000 Rt. 4470.342 5219.604 802 "PR -1" 2.244.955 167.000 Rt. 4473.432 5251.550 X See 'Location Control Route Survey Plat' SURVEYOR'S STATEMENT To the best of my knowledge and belief, this plat, together with the 'Location Control Route Survey Plat' recorded as Instrument Nb. 200000059060 in the Office of the Recorder of Hamilton County, Indiana, (incorporated herein and made a part hereof by reference) comprise a Route Survey executed in accordance with Indiana Administrative Code 865 IAC 1 -12, (Rule 12). Farrar, Garvey Associates, LLC M. Cq,p t: 8925 N. feridian Indianapolis IN 45260 `Z` c s T ERF L (317) 844 -8900 FAX (317) 844 -9158 •1-6 O L q No. 50148 di 1 1 STATE OF Ii 11 Igi Re and a Surveyor No. S0148 Date /,J SURV State of Indiana STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT SS: COUNTY OF HAMILTON CAUSE NO. 29D01- 0402 -PL -00106 CITY OF CARMEL, INDIANA PLAINTIFF, 41 4, VS. <Q ALLAN K. HARVEY and SHARON G. HARVEY, Husband and Wife, IMC MORTGAGE COMPANY, and FIRST NATIONAL BANK TRUST DEFENDANTS, DISCLAIMER OF INTEREST Defendant First National Bank Trust, by its undersigned counsel, disclaims any interest in the realty which is to be condemned as a result of this action so that the City of Carmel shall have and obtain an easement of access, ingress and egress to install and maintain drains, ditches et al., for diversion of storm water, as well as the damages to be paid to Allen K. and Shannon G. Harvey as a result of this condemnation, and requests its dismissal so that it no longer is required to respond to pleadings related to this action. Stephen L i so ttorney for Defendant First Na ional Bank Trust First National Bank Trust 101 West Sycamore Street Kokomo, IN 46901 (765) 236 -4107 Attorney 10730 -64 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing has been served upon the following attorneys and interested parties by depositing a copy of the same in the United States First Class Mail, postage prepaid, this S F" day of May, 2004, to wit: Robert A. Hicks Ronald A. Wright David B. Honig 9292 North Meridian street, Suite 308 One American Square Indianapolis IN 46260 Suite 2000 Box 82064 Indianapolis, IN 46282 -0002 Step -n i'ilson STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT SS: COUNTY OF HAMILTON CAUSE NO. 29D01-0402-PL-00106 CITY OF CARNIEL, INDIANA PLAINTIFF, FILED vs. MAY .10 2004 ALLAN K. HARVEY and SHARON G. c E HARVEY, Husband and Wife, IMC HAMILTON SUPERIOR COURT MORTGAGE COMPANY, and FIRST NATIONAL BANK TRUST DEFENDANTS, ORDER Comes now First National Bank Trust, and files its Disclaimer of Interest in this action, and the Court, being duly advised, now ORDERS as follows: IT IS HEREBY ORDERED that First National Bank Trust is dismissed from this lawsuit and relieved of further responsibility to respond to pleadings herein. MAY 0 7 2004 Date Judge, Hamilton Superior Court I Distribution: Stephen L. Wilson First National Bank Trust 101 West Sycamore Street Kokomo, Indiana 46904 Tel: (765) 236 -4107 Fax: (765) 459 -0438 Robert A. Hicks David B. Honig One American Square Suite 2000 Box 82064 Indianapolis, IN 46282 -0002 Ronald A. Wright 9292 North Meridian street, Suite 308 Indianapolis IN 46260