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Carmel Drive - Keybank Cross Reference to Prior Deed of Record: Warranty Deed dated May 10, 1982 and recorded as Instrument Number 33916, ook.33 Page 606, in the Hamilton County, Indiana Recorder's Office 2Q01D0037674 r Re �U 1 Filed fo cord in /�J HAMILTON COUNTY, INDIANA EASEMENT AGREEMENT MARY L CLARK f� 06 -22 -2001 03:38 pm. EASEMENTS rj /40.00 This Easement Agreement (this "Agreement is made and entered into this day of JU Iv.. 2001 by and between KEYBANK NATIONAL ASSOCIATION, a national banking association as successor in interest to the American National Bank of Hamilton County, an Indiana "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, which is attached hereto and incorporated herein B. Grantee, in connection with Grantee's improvement and widening of Pennsylvania Parkway (the "Project desires to obtain a permanent landscape easement over two separate portions of the Grantor Parcel which permanent landscape easement areas (collectively herein referred to as the "Permanent Easement Parcel are more particularly described as follows: See Exhibit B, which is attached hereto and incorporated herein C. Grantee also desires to obtain a temporary easement for the duration of the Project for purposes of constructing that portion of the Project located upon the Grantor Parcel. Such temporary easement area (herein referred to as the "Temporary Easement Parcel is more particularly described as follows: See Exhibit C, which is 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 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 landscaping over, under, across, upon and through the Permanent Easement Parcel for which Grantee shall have the right to: (a) remove any fences, structures, asphalt or concrete paving, curbing or other improvements, trees, bushes and earth berming that exist prior to, as of the time of, or after Grantee's acquisition of such easement; (b) plant trees, bushes (the "Plantings grass or sod, and install earth berming; and (c) maintain, remove and replace the Plantings, which may include the installation of irrigation equipment. 2. Temporary Rights Acquired by Grantee. During the term of the Project, Grantor hereby grants and conveys to Grantee the exclusive right to utilize the Permanent Easement Parcel and the Temporary Easement Parcel for all purposes related to the construction of the Project, including, but not limited to the storing of Grantee's equipment and the staging of the construction of the Project. Upon the completion of the Project such temporary easement shall terminate and Grantee shall return the Temporary Easement Parcel to Grantor in substantially the same condition as existed prior to the commencement of the Project. 3. Obligations of Grantee. Any actions taken by Grantee pursuant to any rights granted herein shall comply with all applicable federal, state and local laws, statutes, codes, orders, regulations and ordinances "Applicable Laws and shall be performed in a good and workmanlike manner. Grantee shall maintain the Plantings and remove any diseased or dead Plantings from the Permanent Easement Parcel and replace such dead Plantings with Plantings of the same (or similar) species, and to the extent practicable, the same size. Except as provided in Section 5 hereof, Grantee shall keep the Permanent Easement Parcel and the Temporary Easement Parcel in good order and repair as a result of Grantee's exercise of any rights granted herein at its sole cost and expense (except those matters created by Grantor). If Grantee, or any person or entity claiming by, through or under Grantee, causes any damage to the Permanent Easement Parcel, the Temporary Easement Parcel or the Grantor Parcel, or any portion thereof, Grantee shall, following written notice from Grantor to Grantee, promptly repair such damage within thirty (30) days from the date of Grantor's written notice, or such longer time period if the nature of the repair effort reasonably requires a longer time period. If Grantee then fails to repair such damage, Grantor shall have the right to repair any such damage and charge Grantee for such repairs. Grantee shall pay any such repair charges within thirty (30) days of demand. 4. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs, agents, customers, invitees, licensees, successors and assigns, and others to whom Grantor may grant rights or easements, the right to use the Permanent Easement Parcel and the Temporary Easement Parcel for any and all purposes and uses not inconsistent with the foregoing easement acquisition by Grantee, including without limitation the right to install, use, maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the Project. Grantor and its grantees, heirs, agents, customers, invitees, licensees, successors and assigns shall retain the right of access over and across the Permanent Easement Parcel to and from any Public Right -of -Way to real estate owned by Grantor adjacent to the Permanent Easement Parcel via Grantor's existing driveway or any future driveway. 5. Obligations of Grantor. Except for any driveway described in Section 4 hereof, Grantor shall keep the Permanent Easement Parcel free of any fence, structure, asphalt, gravel, plants (other than (a) those items existing as of the date hereof and not removed by Grantee in furtherance of the Project, and (b) grass or sod and the Plantings installed by Grantee) concrete or other improvements. Grantor shall mow and care for the grass located within the Permanent Easement Parcel and shall keep the Permanent Easement Parcel free from debris, weeds and refuse. 2 6. Easement and Covenants Appurtenant. The easements 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 easements 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, the Grantor Parcel and the Temporary Easement Parcel, as applicable, shall run with the Permanent Easement Parcel, the Grantor Parcel and the Temporary Easement 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 reasonable amounts expended in connection with exercising any such remedy (including without limitation, court costs and reasonable attorneys' fees). 7. Liens. Grantee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by Grantee, operation of law or otherwise, to attach to or be placed upon Grantor's title or interest in the Permanent Easement Parcel, Temporary Easement Parcel or Grantor Parcel and any and all liens and encumbrances created by Grantee shall attach to Grantee's interest only. Grantee shall not cause or permit any mechanics' or materialmen's liens to attach to or be placed upon the Permanent Easement Parcel, Temporary Easement Parcel or Grantor Parcel. 8. Term. The easement granted pursuant to Section 2 shall expire on the date that Grantee completes the Project. Grantee shall proceed with reasonable diligence to complete the Project. The expiration of such easement shall be evidenced by a release document, which shall be prepared, executed and recorded by Grantee (at no cost to Grantor). 9. Interference By Grantee. Grantee, its employees, agents, and licensees shall not materially adversely interfere with (i) the use of the Grantor Parcel (including ingress and egress thereto), or (ii) the operations conducted on the Grantor Parcel. 10. Legal Requirements; Indemnity. Grantee shall use the Temporary Easement Parcel and the Permanent Easement Parcel and cause the Temporary Easement Parcel and the Permanent Easement Parcel to be used by all persons or entities claiming by, through or under it, only for the purposes permitted herein in compliance with all Applicable Laws and in a manner which shall protect against damage or injury either to persons or property of Grantor (including without limitation the Grantor Parcel, the Temporary Easement Parcel and the Permanent Easement Parcel) and any third party. Grantee hereby agrees to indemnify, defend and save Grantor harmless from any and all liability, loss, damage, cost obligation and expense which directly arises out of or results from any negligent act, whether of commission or omission, of Grantee, its agents, servants, tenants, visitors, invitees, licensees or others claiming by, through or under Grantee, occurring in or about the Grantor Parcel, the Temporary Easement Parcel or the Permanent Easement Parcel, whether in the exercise of Grantee's rights hereunder or in breach or 3 excess thereof Provided, however, Grantee's obligations set forth in this Section 10 shall be limited to the exposure of and liability of Grantee as a governmental entity, including without limitation, actions and conditions as to which Grantee is immunized by the Indiana Tort Claims Act and the exemption from punitive damages, such that Grantee's liability shall not exceed what might have been its liability to any claimant after all appropriate defenses had been raised by Grantee. 11. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered on the first day following delivery to an overnight courier service or on the third day after deposit in the U.S. mail as registered or certified mail, return receipt requested, postage prepaid, as follows or as may be designated by the parties by notice given in accordance with the provisions hereof: Grantor: KeyBank National Association Attn: Real Estate Department P.O. Box 94839 Cleveland, Ohio 44101 -4839 with a copy to: KeyBank National Association Attn: Legal Department 127 Public Square Cleveland, Ohio 44114 Grantee: City of Carmel, Indiana One Civic Square Carmel, Indiana 46032 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana. 14. Authority. The undersigned persons executing this Easement Agreement on behalf of Grantor and Grantee hereby represent and warrant that they have been duly authorized and fully empowered by proper action of the governing bodies of Grantor and Grantee, to execute and deliver this Easement Agreement. 4 IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first written above. GRANTOR GRANTEE KEYBANK NATIONAL ASSOCIATION, a national banking association as successor in C' interest to The American National Bank of By: ).40.40 Hamilton County Printed: Stephen C. Engelking By: Title: Director of Administration Printed: JOSEPH A. PRCELA DESIGNATED SIGNER Title: ©info STATE OF {ANA SS: COUNTY OF Cu v��c.- Before me, a Notary Public in and for said County and State, personally appeared 3 Dc y J. Q f rc eJo- the D.e -4 i S 4of_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 0 day of 1 2001. My commission ex OOOO t Notary I am a resident of County, Indiana �'S�Lf:3xkfa Q Printed Name LINDA ROZZO FOUTZ Notary Public State of Ohio My Commission Expires Dec. 15, 2004 5 STATE OF INDIANA SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared Stephen C. 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 1 7 day of jki .4,6 2001. My commission expires: 0 1 "oS kagik a. G titAt i Notary Public I am a resident of ��t 1 ounty, Indiana 0/44 v Printed Name Jnr ta' fi r: This instrument was prepared by 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. Return following recording 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. 03623RAH.doc 04/20/01 6 0,6 WARRAN'T'Y DEED 33816 C��' BOOK U PAGE U I1 c1 THIS INDENTURE WITNESSETH, That RALPH L. WILFONG, "Grantor of Hamilton County, in the State of Indiana, CONVEYS AND WARRANTS to THE AMERICAN NATIONAL BANK of Hamilton County, in the State of Indiana, for the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the following described real estate in Hamilton County, in the State of Indiana: Part of the South Half of Section 31, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Southwest corner of the Southwest Quarter of Section 31, Township 18 North, Range 4 East; thence North 01 04'45" West (assumed bearing) on the West line of said Southwest Quarter 1752.85 feet to the Centerline of Carmel Drive; thence North 8 9 55'00" East on said centerline 600.00 feet to the point of curvature of a curve to the left having a radius of 1145.92 feet; thence Northeasterly on said centerline and curve to the left an arc distance of 400.00 feet to the point of tangency of said line; thence North 69 55'00" East on said centerline tangent with said curve 238.51 feet to the point of tangency of a curve to the right having a radius of 1145.92 feet; thence Northeasterly on said centerline and curve to the right an arc distance of 400.00 feet to the point of tangency of said curve; thence North 89 55'00" East on said centerline tangent with said curve 880.12 feet to a point of the Northerly prolongation of the -East line of a 24 foot wide perpetual non exclusive roadway easement for ingress and egress per instrument recorded in Deed Record 316, pages 15 and 16 in the Office of the Recorder of Hamilton County, Indiana, said point being the place of beginning of the real estate herein described; thence North 8 9 55'00" East on said centerline 180.00 feet; thence South 00 09'45" East parallel with the East line of said easement 290.00 feet; thence South ro o 8 9 55'00" West parallel with the centerline of said Carmel Drive, 180.00 feet to the East line of said easement; thence North 00 09'45" West on said East line and prolongation thereof 290.00 feet to the place of beginning, containing 1.198 acres, more or less. 0 0 Together with a perpetual non exclusive roadway easement for ingress c g and egress on a part of the South Half of Section 31, Township 18 North, Range 4 East as recorded in Deed Record 316, pages 15 and 16, described as follows: Commencing on the South line of the said Half Section, North 89 50'15" w East (assumed bearing) 2313.00 feet from the Southwest corner thereof; o thence North 00 09'45" West 866.00 feet; thence parallel with the South ai W line of the said Half Section, North 89 50'15" East 258.43 feet; thence North 00 09'45" West 2 99.72 feet; thence parallel with the South line of the said Half Section, South 89 50'15" West 135.07 feet; thence E North 00 09'45" West 312.00 feet to the point of beginning; thence continuing North 00 09'45" West 451.29 feet to the South right -of -way of Carmel Drive; thence on the said right -of -way line, North 89 ti 24.00 feet; thence South 00 09'45" East 451.26 feet; thence thst parallel with r the South line of the said Half Section, South 89 50'15" West 24.00 feet to the point of beginning. Subject also to the South Half of the right=bf -way of Carmel Drive, being 40 feet by parallel lineb off the entire North side of said real estate per dedication of said Carmel Drive, recorded in Deed Record 262, Pages 285.290. Subject also to a 10 foot wide utility.easement to Indiana Bell Telephone Company, lying. South of and adjoiningd'the South right -of -way line of Carmel Drive per Deed Record 319, page 4. Subject also to 10 foot wide sewer;' drainage and utility easement hereby reserved across the Southern 10-foot of said real estate. Subject also to a 15 foot Roadway Easement hereby reserved across the entire West side of said real estate. Icy SOOR 3 3 0 PAGE f 0 Subject to taxes for 1981 due and payable in 1982 and thereafter and to all other easements, rights -of -way, restrictions and agreements of record. IN WITNESS WHEREOF, Grantor has executed this deed this 10th day of May,. 1982. -Ralph Wilfong j/ STATE OF INDIANA /f SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said county and state, personally appeared Ralph L. Wilfong who acknowledged the execution of,tiie foregoing Warranty Deed, and who, having been duly sworn, stated th't an representations therein contained are true. WITNESS my hand and Notarial Seal this 10th day o,f�‘iay11 Patricia E. Ne f, Notary Pu• c My Commission Expires: Resident of County: July 31, 1984 Marion This instrument was prepared by Ralph L. Wilfong. -1 This Instrument Recorded 1Y 1'0.`�^ 1982 MARY L, CLARK, RECORDER, HAMILTON COl11Jl'Y, 1 IJD -i o r C7 DULY ENTERED FOR TAXATION D day i9 i uditoi Ha7nilton Court Return to: The American National Bank, 908 Logan Street, Noblesville, IN 46o6o